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HomeMy WebLinkAbout11-10-09 (2)REV-1500 Ex(os-os) 15056041158 PA Depadment of Revenue OFRCIAL USE ONLY Bureau of lndivitlual Taxes County Code Year Fge NUmher PO BOX 280607 INHERITANCE TAX RETURN 21 ^ 9 'BIB 0 19 Z Harrisburg, PA 17128-0607 RESIDENT DECEDENT ENTER DECEDENT INFORMATION BELOW Social Secudy Number Date of Death Date of Birth 164-52-0052 02202009 12291964 Decedents Last Name Suffer Decedent's First Name ~.\'A1~1~~ NOONAN KEVIN V',I~~`~~ T~ (lf Applicable) Enter Surviving Spotrse's Information Below ~ ~ L~ Spouse's Last Name Suffor Spouse's First Name MI Spouse's Social Security Number THIS RETURN MUST BE FILED IN DUPLICATE WITH THE - - REGISTER OF WILLS FILL IN APPROPRIATE BOXES BELOW 1. Original Return ^ 4. Limited Estate 2. Supplemental Return ^ 4a. Future Interest Compromise (date of death after 12-12-82) ^ 3. Remainder Return (dale of death prior to 12-13-62) ^ 5. Federal Estate Tax Return Required 6. Decedent Diad Testate ^ 7. Decedent Maintained a Living Trust 8. Total Number of Safe Deposit Boxes (Attach Copy of Will) (Attach Copy of Trust) ^ 9. Litigation Proceeds Received ^ 10. Spousal Poverty Creelit (date of death ^ 11. Election to tax under Sec. 9t 13(A) between 12-31-9t and 1-1-95) (Attach Sch. O) CDRRESPDNDENT - THS SECTION MUST SE COMPLETED. ALL CORRESPONDENCE AND CONFIDENTIAL TAX INFORMATION SHOULD BE DIRECTED TO Name Daytime Telephone Number JOHN B- ZONARICH, ESQ- Firm Name (If Applicable) SKARLATOS & ZONARICH, LLP First line of address 17 S 2ND ST FL 6 Second line of address City or Post Office HARRISBURG 717-233-1000 REGISTER OF WILLS n rv Q ~ ~ 'ti~'o b 0 '~~i r.: t7 bum _ c.,~v ,, ~ ~' ~ o : ~' r'' ~ ~ ~ r Slate ZIP Code T PA 17101 ~v, ~ !u ~~' ,~, ht cn~? Ot Correspondent'se-mailaddress: JBZaSKARLATOSZONARICH•COM Untler penahies of perju I declare that I have examined this return, inelutling accompanying acheduks antl statements, and to the beat of my knowledge and belief, it is tyj, correct antl cor~ele. Dq{lerafjpn of prepamr other than the personal representative is based on all information of which prcparcr has any knowledge. //. REPRESENTATNE 17 S 2ND ST FL 6 HARRISBURG, PA 17101 PLEASE USE ORIGINAL FORM ONLY Side 1 15056041158 BM481]3.00g 15056041158 J 15056042159 REV-1500 Fit Decedent's Social Security Number 164-52-0052 Decedent'c Name~j O O N A N KEVIN T RECAPITULATION 1. Real estate (Schedule A) ......... ............. t. 2. Stocks and Bonds (Schedule B) . . . . . . ... . .. . . . . . 2. 3. Closely Held Corporation, PaMership or SolePropdelorship (Schedule C)..... 3. 4. Mortgages 8 Notes Receivable (Schedule D) ..... . ........ 4. 5. Cash, Bank Deposits 8 Miscellaneous Personal Property (Schedule E)........ 5. 6. Jointly Owned Properly (Schedule Fj ~ Separate Billing Requested .... S. 7. Inter-Vivos Transfers 8 Miscellaneous Non-Probate Properly (Schedule G) ~ Separate Billing Requested . 7. 8. Total Gross Assets (total Lines 1-7). .. . .. . ......... . 9. Funeral Expenses 8 Atlministrative Costs (Schedule H).......... 9. 10. Debts of Decedent, Mortgage Liabilities, 8 Liens (Schedule I).. ... . . . . 10. 11. Total Deductions (total Lines 9 8 10) . . . . . . . . . . . . . . . 11. 441450.00 675.0^ sns2s•nn o•n0 21236.00 o.oo ~-~~ 52865.00 27285.00 80150.00 12. Net Value of Estate (Line 8 minus line 11) ................. 12. 4 3373 6 • (J ~ 13. Charitable and Governmental Bequests/Sec 9113 Trusts for which an election to tax has not been made (Schedule J) ................ 13. ~ , ~ 0 14. Net Value Subject to Tax (Line 12 minus Une 13) .............. 14. 433736 • nn TAX COMPUTATION -SEE INSTRUCTIONS FOR APPLICABLE RATES 15. Amouni of Line 14 taxable at the spousal tax rate, or transfers under Sec. 9116 16. Amount of Line 14 taxable at lineal mte x .045 4 33 737.00 15. 19 518 • n0 57. Amount of Line 14 taxable at sibling rate X .12 ~ • 0 n 17. Q • 00 18. Amount of Line id taxable at collateral rate X .15 Q • ~ (] 18. ~ • ~ 0 19. TAX DUE .. .. ...... .. ..... .. ... .. .. ..... 19. 19518•n^ 20. FILL IN THE BOX IF YOU ARE REQUESTING A REFUND OF AN OVERPAYMENT Side 2 15056042159 BMdeg82.W0 15056042159 REV-7500 EX Page 3 Decedent's Complete Address: FIN NumMr ?l. f19 fl flSa DECEDENTS NAME STREET ADDRESS CITY G STATE ZIP Tax Payments and Credits: 1. Tax Due (Page 2 Line 19) 2. CreditslPaymeMs A. Spousal Poverty Credit O • 00 8. Pdor Payments ^ - ~ ~ C. Discount 0 • () ^ 3. InteresUPenalty if applicable D. Interest E Penalty (1> 19518.00 Tdal Credits (A+B+C) (2) ^•(]~ Total IntereaUPenaAy (D+E) (3) U • UU 4. If Line 2 is greater than Line 1 +Line 3, enter the differenca. This is the OVERPAYMENT. FIII fn box on Page 2, Lina 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. A. Enter the interest on the tax due. B. Enter the total of Line 5 + SA This is the BALANCE DUE. (5) 19 518.00 (SA) (5e) 19 518.0 0 Make Check Payable to: ASTER OF 4WLl_S, AGENT PLEASE ANSWER THE FOLLOWING QUESTIONS BY PLACING AN "X" IN THE APPROPRIATE BLOCKS 1. Did decedent make a transfer antl: X a. retain the use or income of the properly transfened : . . . . . . . .. . . . .. . . . . . . ... : t i h f d i ^ X gnate who s all use the property trans a its ncome; ......... b. retain the right o des erre c. retain a reversionary interest: or ................................. X d. receive the promise for life of either payments, benefits or care? ....... ........ - X 2. It death occurred after December 12, 1962, tlid decedent transfer property within one year of death without receiving adequate consideregon? ............................. " " ^ 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 ^ X ^ contains a beneficiary designation? ................................. IF 7HE ANSWER TO ANY OF THE ABOVE QUESTIONS IS YES, YOU NUST COMPLETE SCHEDULE G AND FILE IT AS PART OF THE RETURN. ~ , . ,,, .. ,~ .... .,.. .. ,.. .. . `x`-" 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)]. Far tlates 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 B 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 a after July 1, 2000: The tax rate imposed on the net value of transfers from a deceased child twenty-one years of age or younger at death to or for use of a natural parent, an adoptive parent, or a stepparent of the child is zero (O) 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 tour and one-half (4.5) percent, except as noted in 72 P.S. §9116(1.2) [72 P.S. §91161a)l1)1~ The tax rate imposed on the net value of transfers to or for the use of the decedent's siblings is twelve (12) percent (72 P.S. §9t 16(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 flood or adoption. eN,~sn t.ooo REV-1502 EX+ ry1-0e) Pennsylvania OEPARTNEMOF REVENUE WHERRANCE TAX RETURN RESIDFNiOECEDENf SCHEDULE A REAL ESTATE FILE NUMBER Kev'n T. Noo 21090052 All roal properly owned solely or u a tenant M common must be reported affair marret value. Fair market value is defined as the price at which progeny woultl ba ezchenged between a willing buyer and a willing seller, neither being cOmDelled to buy err sdl, 6olh hevhg reasonable knowletlga o(1he relevant tads. Real properly that Is Jointlyownetl wtlh dgM of survWOrohip must 6e dtaclosed on ScheduN F. Attach a wpy of me setlkmeM sheet if the pnperty has been sdd. ITEM Include a wpy of thn deed showing decedents interest y awned as tenant in eanmon. VALUE AT DATE NUMBER DESCRIP'iION OF DEATH ~. Personal Residence located at 3808 Pamay Drioe, Hampden Township, Cumberland County Valued at sale price less the value o£ personal property included in the sale (See Schedule E). Also attached are reports o£ comparable recent sales in same development. Sae Exhibit ((1 TOTAL (Also enter on Line 1, Recapitulation.) ~ S 441,450 eW4695 2.000 If more space is needed, insert adtligonal sheets of Ne same size. REY-0503IX ~ (699) SCHEDULE B COMMONWEALTH OF PENNSYLVANIA STOCKS Bt BONDS INHERITANCE TAX RETURN RESIDENT DECEDENT NUMBER Kevin 't Noonan 21 09 0052 All property Jointly-owned with right of survivorship must be discbsed on Schedule F. 3W4668 1.000 (If more space is needed, insert additional sheets of the same size) REV-150q EX+(698) SCHEDULE C (AMMOMNEALTH OF PENNSYLVANIA CLOSELY-HELD CORPORATION, INHERITANCE TAX RETURN PARTNERSHIP ORSOLE-PROPRIETORSHIP Kevin T. Noonan 21090052 Schedule C-1 or C-2 (inclutlinp ell supporting in/ormetion) must 6e aparhetl tar each cbselyfield wrparafiorVpannership intaresl of the dacetlent, other thm e sole-proprletorahip. See instructions for the suppMng n/arrnatm to 6e wbmittad M sde-proprielorahips. ITEM VALUE AT NUMBER DESCRIPTION DATE OF DEATH 100 Shares One Emerald Associates, T.T.!` This is a limited liabilty company operated as a sole proprietorship- At date of death, the sole asset owned by the entity was a money market account at Wachovia Hank, and the value shown represents the value o£ that account. See Exhibit #4 2 400 Shares Jamestown Development Corp. Valuation calculation and supporting data attached. See Exhibit #5 3 Waterford Partners This partnership was formed to pool and manage the investments of the partners. See attached for date of death value of cash and investments owned by partnership. Decedent's interest has been valued at the amount paid to redeem his interest in the partnership, as more fully described in the attached explanation of value. See Exhibit #6 3W189- 1.000 1,198 9,327 40,000 TOTAL (Also enter on line 3, Recapitulmion) I S 50.525 REW1505 Ex~(8-B6) SCHEDULE G1 COMMOMNEALTH OF PENNSYLVANIA CLOSELY-HELD CORPORATE INFgRTfANCE TAX RETURN RESIDENT DECEDENr STOCK INFORMATION REPORT ESTATE OF FILE NUMBER Kevin T. Noonan 21 090052 1. Name of Corporation Jamestown Develovment Company Slate of Incorporation p®nnavlvania Address 3808 PamZy Drive Date of Incorporation 8/27/1998 City Mechanicsburg State pA Zip Code 17050 Total Number of Shareholders 2. Federal Empbyer I.D. Number 25-1817058 Business Reporting Year 12/31/2008 3. Type of Business Real estate Product/Service Develop real estate £or resale 4. Provide all rights and restrictions pertaining to each class of stock. 5. Was the decedent employed by the Corporation? , , , , , , , , , 0 Yes ^ No If yes, Position president Annual Salary $ lime Devoted to Business 1008 6. Was the Corporation indebted to the decedent? ....................... . . ^ Yes ^X No If yes, provide amount of indebtedness $ 0 7. Was there life insurance payable to the corporation upon the death of the decedent?..... ^ Yes Q No IF yes, Cash Surrender Value $ Net proceeds payable $ Owner of the policy 6. Did the decedent sell or transfer any stock in this company within one year prior to death or within two years if the date of death was pdor to 12-31-82? ^ Yes ^X No If yes, ^ Transfer ^ Sale Number of Shares 0 Transferee or Purchaser Consideration $ 0 Date Adach a separate sheet for additional transfers andlor sales. 9. Was there a written shareholder's agreement in effect at the time of the decedent's death?, , ^X Yes ^ No If yes, provide a copy of the agreement. 10. Was the decedent's stock sold? .................................. ^ Yes ®No If yes, provide a copy of the agreement of sale, etc. 11. Was the corporation dissolved or liquidated after the decedent's death? ............ ^ Yes ^Q No If yes, provide a breakdown of distributions received by the estate, including dates and amounts received. 12. Did the corporation have an interest in other corporations or partnerships? ...........^ Yes ^X No if yes, report the necessary information on a separate sheet, including a Schedule C-1 or C-2 for each interest. •' ~ rr A. Detailed calculations used in the valuation of The decedenYS stock. B Complete copies of financial statements or Federal Corporate Income Tax returns (Form 1120) for the y~r of death arld 4 preceding years. C If the corporation owned real estate, submit a list showing the complete adtlressles and estimated fair market valuels. If real estate appraisals have been secured, attach copies. D. list of principal stockholders at the date of death, number of shares held and their rela0onship to the decedent. E List of officers, their salaries, bonuses and any dher benefits received from the corporation. F Statement of dividends paid each year. List those declared and unpaid. G Anv other information relating to the valuation of the decedent's stock. (If more space is needed, inseR additional sheets of the same size) IW<6B6 1.000 ?YPE= i #OTAL Nq~,M,BEROF 'x. '. - .jNUMBER Dfr 3HAIFE~°', ~: VAGUE OF THE ,r ,, ~ " PAR VAL ,~70CK ` ~Yot(nglNOn-VOtlng'~S~tARE90UTSTAND(N~ ~: ,,~- `"'„OWNEDBY THE DECEDENT- DECEDENTS STOCI(!,~' REV-1506 FJ(+ Isos) COMMONWEALTH OF PENNSYLVANIA IIJHEi217ANCETAX RETURN RESIOENr~CEUfM ESTATE OF SCHEDULE C-2 PARTNERSHIP INFORMATION REPORT FILE NUMBER 21 09 0052 1. Name of Partnership WATERFORD PARTNERS Date Business Commenced 6/27/2000 Address 1022 x. water£ord Wav Business Reporting Year 12/31/2008 State PA Zip Code 17050 City Mechanicsburg 2. Federal Empbyer I.D. Number 25-1866769 3. Type of Businesslnvestment pool ProducUService none 4. Decedent was a ®General ^ Limited partner. If decedent was a limited partner, provide initial investment $ 0 5. 7. Was the Partnership indebted to the decedent?, , , , , , , , , , , , , , , , , , , , , , ^ Yes ~ No If yes, provide amount of indebtedness $ 8. Was there life insurance payable to the partnership upon the death of the decedent? ^ Yes l~ No If yes, Cash Surrender Value Owner of the policy Net proceeds payable $ 9. Did the decedent sell or transfer an interest in this partnership within one year prior to death or within lwo years if the date of death was prior to 12-31-82? ^ Yes ®No If yes, ^ Transfer ^ Sale Percentage transferred/sold 0.0000 Transferee or Purchaser Consideration $ Attach a separate sheet for additional transfers and/or sales. Date 7 0. Was there a written partnership agreement in effect at the time of the decedent's death? _ , , , , ®Yes ^ No If yes, provide a copy of the agreement. 11. Was the decedent's partnership interest sokt? .. ........................... ^ Yes ®No If yes, provide a copy of the agreement of sale, etc. 12. Was the partnership dissolved or liquidated offer the decedent's death?... .. ^ Yes ®No If yes, provide a breakdown of distributions received by the estate, including dates and amounts received. 13. Was the decedent related to any of the partners?....... ....... ®Yes ^ No If yes, et~lain All o£ the other partners are decedent' a sisters 14. Did the partnership have an interest in other corporations or partnerships? .. .. ^ Yes ® No If yes, report the necessary information on a separate sheet, including a Schedule Gi or G2 for each interest ~;~ ey~~3 7 Y 7HE'FQLLO~INSs INF(,~~iYIATIbtY MU51' ~E Si1gM177E~; Wl'f~ 7HI~ SCHE~ll1E ~ ' ,;, ' `` A. Detailed calculations used in the valuation of the decedenTs partnership interest B. Complete copies of financial statements or Federal Partnership Income Taz returns (Form 1065) for the year of death and 4 preceding years. C. If the partnership owned real estate, submit a list showing the complete address/es and estimated fair market valuels. If real estate appraisals have been secured, attach Wpies. D. Any other information relating to the valuation of the decedent's partnership interest. aw~ess I.oso 6. Value of the decedent's interest $ 40 , 000 Estate o£: Kevin T. Noonan Partner Name Kevin T. Noonan Patricia Bowman 21 09 0052 Schedule C-2 (Page 2) Percent o£ Percent of Balance of Tacoma Ownership Capital Account 20.0000 20.0000 43,741 20.0000 20.0000 43,761 REV-1508 E%+ (688) COMMONWEALTH OF PENNSYLVANIA INHERITANCE TAX RETURN SCHEDULE E CASH, BANK DEPOSITS, 8 MISC. PERSONAL PROPERTY Include the proceeds M Ihigaticn and the dale Me proceeds were received by the estate. AO orooerty lointlvowned wim me right of survborshio must M dbclosed on Schedule F. ITEM VALUE AT DATE NUMBER DESCRIPTION OF DEATH 1 19' Bayliner boat with trailer Valued at gale price 2 2000 Ford Expedition Valued at sale price 3 American Express Travelers checks - 6 checks with face value of $100 and 5 checks with face value o£ $50 4 Erie Ins. - Auto policy refund check 5 Federal Income Tax refund 6 Geiainger Health Plan - insurance reimbursement check 7 Merrill Lynch Ready Assets Trust This is one-half the value of the account; other half is owned (as tenants in commmon) with former spouse, Cheryl Noonan. See Exhibit #7 8 Selective Way Insurance - check for property damage claim 9 Wachovia Hank Checking Account No. 1014121217275 See Exhibit #8 10 Wachovia Bank Checking Account No. 1014155710531 See Exhibit #8 11 Wachovia Hank Savings Account#8284 This is one-half the value of the account; other half is owned (as tenants in commmon) with former spouse, Cheryl Noonan. See Exhibit #8 The following assets (items 12 - 17) were included in the sale price of the real estate shown on Schedule A, Item 1 12 2001 Big-Tex Trailer 13 2005 Aeon Model REVD 90 ATV 2,480 4,965 850 21 352 1,016 37 1,070 98 904 893 250 500 Total from continuation schedules 7,800 TOTALlAISO enter on line 5. ReraOeulxdinn) 3 21 , 236 3W46A0 1.000 (If more apace b needed, Head atldNional sheets otthe sane eae) REV-1510FJ(+(8-9e) I SCHEDULE G COMMONWEALTH Of PENNSYLVANIA INTER-VIVOS TRANSFERS Sr INHERRANCE TAX RETURN MISC. NON-PROBATE PROPERTY Kevin T. Noonan 21 09 0052 This schedule must be completed and filed if the answer to any of questions 1 through 4 on the reverse side of the REV-1500 COVER SHEET is yes. ITEM NUMBE DESCRIPTION OF PROPERTY MLLLETIEMNFCFTETHIIMFENEE TIEW REIATWN9MP TO OECEOEM/,M TIEMTEOFIPNE3EA.ATLOOIACOP\'OF TE CEED FOfl REK E6T~TE DATE OF DEATH VALUE OF ASSET %OF DECD'S INTFJiEST EXCLUSION FPPLICABI TAXABLE VALUE ~~ Wachovia Bank IRA 4,143 100.0000 4,143 0 This Individual Retirement Account is not subject to tax because the decedent was only 44 at time of death. See Exhibit #9 2 Merrill Lynch SEP-IRA plan 33,816 100.0000 33,616 0 This Individual Retirement Account is not subject to tax because the decedent was only 44 at time of death. See Exhibit #10 3 Vanguard Roth IRA 19,449 100.0000 19,449 0 This Roth Individual Retirement Account is not subject to tax because the decedent was only 44 at time o£ death. See Exhibit #11 TOTAL (Also enter on line 7, Recapitulation) ~ $ (If more space h neetle4 InsM atltlttbnal sheets o/ the same size) 3W18AF 1.000 REV-1511 EX~(16W) SCHEDULE H FUNERAL EXPENSES & ADMINISTRATIVE COSTS ESTATE OF FILE NUMBER Kevin T Noonan 21 09 0052 Debts of decedent must be reported on Schedule I. ITEM NUMBER DESCRIPTION AMOUNT A. FUNERAL EXPENSES: f Malpezzi ftizneral Home 13,125 B. ADMINISTRATNE COSTS: 1. Personal Representative's Commissions Name of Personal Representative(s) Sheet Address City State Zip Year(s) Commission Paid: 2. Attorney Fees 25 , 000 3. Family Exemption: (If decedent's address is not the same as daimanCs, attach explanation) 3 , 500 Claimant Connor, Jack and Kvle Noonan Sheet Address 3808 Pamay Drive City Mechanicsburv State PA Zip 17050 Relationship of Claimant to Decedent CHILDREN 4. Probate Fees 480 5. Acwuntanl's Fees 1,100 6. Tax Retum Preparer's Fees 7. 1 Comcast Cable 541 2 UGI 406 3 Verizon Wireless 125 Total from continuation schedules 8,586 TOTAL (Also enter on line 9, Recapitulation) $ 52 865 ~w<uc 1.000 (If more space is needed, insert ad6donal sheets of the same size) REV-1512 E%~ (12-~ Pennsylvania pEPAR11F11r OF REVENUE WHERITANCE TAX RETURN SCHEDULEI DEBTS OF DECEDENT, MORTGAGE LIABILITIES 8 LIENS ESTATE OF rime numxn Kevin T. Noonan 21 09 0052 Report debts incurred by [he decedent prior to death that remained unpaid at the date of death, including unreimbunred metliwl azpenses. VALUE AT DATE REM tA1MBER DESCRIPTION OF DEATH t UGI 331 2 Wachovia Bank Equity Line of Credit 20,207 3 Varizon Wireless 86 4 PPL Electric Utilities 564 5 Wix, Wenger and Weidner 408 6 Verizon 265 7 Mazzitti 6 Sullivan Counseling 150 8 Pennsylvania American Water Company 247 9 HBCS 50 10 Health Port 126 11 Penna. Dept. of Revenue 1,281 12 Camp Hill Emergency Physicians 1,061 13 Patriot-News 42 14 Salary Advance from Jamestown Development Company 2,400 15 Check cleared after date o£ death 67 TUTA~ (Aiso enter on une ~u, ne ewasAN z.ooo If more space is needed, insert additional sheets of the same size. REV-1513 EX+ (i i-08) Pennsylvania DFPARiAENi OF REVENUE INHERRANCE TAX RETURN ~SIDENTDECEDENT SCHEDULE J BENEFICIARIES FILE NUMBER tcevin 1 . Noonan 21 0 9 0052 RELATIONSHIP TO DECEDENT AMOUNT OR SHARE NUMBER NAME AND ADDRESS OF PERSON(S) RECEIVING PROPERTY Do Not List Trustee(s) OF ESTATE I TAXABLE DISTRIBIfRONS [nrAude outrphl spousal tlisldbulions, and transfers undr Sec. 2116 (a) (1.2).] t. Conner J. Noonan 3808 Pamay Drive Mechanicsburg, PA 17050 One third of tangible personal property One Third of Residue: 143,229 Son 144,579 2 Jack T. Noonan 3808 Pamay Drive Mechanicsburg, PA 17050 One third of tangible personal property One Third of Residue: 143,229 Son 144,579 ENTER DOLLAR AMOUMS FOR OISTRIBUIlONS SHOWN ABOVE ON LINES 15 THROUGH 1 8 OF REV-1500 COVER SHEET, AS APP ROPRIATE. N NON-TAXABLE DISTRIBUTIONS: A SPOIASAL DISTRIBUTIONS UNDER SECTION 2113 FOR WHICH AN ELECTION TO TAX IS NOT TAKEN i. B..CMARRABLE AND GOVERNMENTAL DISTRIBUTONS L i TOTAL OF PART II • ENTER TOTAL NON-TAXABLE DISTRIBUTIONS ON LINE 13 OF REV-1500 COVER SHEET. S ~, 0 ewesAl z.pop If more space is needed, Insert additbnal sheets of the same size. LAST WILL AND TESTAMENT N C, r= ._=0 a ~c ~ • ~~ ~1 1 r• 1 ~{T ~ KEVIN T. NOONAN ~'~i `~' ~ C~J i =' U C. -~ ~ 17 _1 ~ I, Kevin T. Noonan, of Mechanicsburg, Cumberland County, r ~ Pennsylvania, being of sound and disposing mind and memory, do make, publish ands' declare this my Last Will and Testament, hereby revoking all other Wills and Codicils by me at any time previously made. Provision for Taxes ITEM I: I direct that all inheritance and estate taxes becoming due by reason of my death, whether such taxes may be payable by my Estate or by any recipient of any property, shall be paid by my Executor out of the property passing under this Will that is not specifically devised or bequeathed as an expense and cost of administration of my Estate. My Executor shall have no duty or obligation to obtain reimbursement for any such tax paid by my Executor even though on proceeds of insurance or other property not passing under this Will. Dis~ositive Provisions ITEM tl: 1 hereby give and bequeath all of my shares of stock held in Jamestown Development Company, a Pennsylvania corporation, to my Trustee, hereinafter named, to be held in trust for the benefit of my Children pursuant to the provisions of Item V hereof. ITEM III: I hereby give and bequeath all of my partnership interest in "Waterford Partnership," a family partnership, to my Trustee, to be held in trust for the benefit of my Children pursuart to the provisions of Item V hereof. ITEM IV: f give and bequeath all of my household furniture and furnishings, automobiles, books, pictures, jewelry, china, linen, silverware, wearing apparel, and all other like articles of household or personal use and adornment to my Children, or to their issue, per stirpes, to be divided among them in as nearly equal shares as practicable and as they may agree. If they are unable to agree, my Executor shall make such decision as to distribution. In the discretion of my Executor, the share of any minor child may be distributed to the minor, distributed to the minor's natural or legal guardian for the benefit of the minor until he or she reaches the age of majority, or retained by my Executor for the benefit of the minor until he or she reaches the age of 7:7 i't`i C? =~ •,.'~ --; --, -~-~ v .;J~~ ~._. i 1' 1 ~,~ _ ; Page 1 of 9 majority. The receipt of such distribution by the minor or natural or legal guardian shall be a complete discharge of my Executor's duties as to such bequest. ITEM V: I give, devise and bequeath unto my Trustee all the rest, residue and remainder of my property, real, personal and mixed, not disposed of by the preceding portions of this Will, to be held IN TRUST NEVERTHELESS, for the following uses and purposes: (a) Upon my death, the Trustee shall divide the principal of the trust into as many shares or parts as there are then living Children of mine and then deceased Children of mine survived by then living issue. The Trustee shall hold one such share as a separate trust fund for the benefit of each then living Child of mine and one such share as a separate trust fund for the benefit of the living issue of each such then deceased Child of mine. (b) In each trust thus established for a Child of mine or the issue of a deceased Child of mine, the Trustee shall have, hold, manage, invest and reinvest the principal thereof and shall, if the child has not attained thirty-five (35) years of age, pay to or for the benefit of such child in not less than quarterly installments so much of the net income and principal of said trust as the Trustee, in the Trustee's sole discretion, shall deem necessary and appropriate to maintain said child in the proper station in life, including proper support, maintenance, medical, hospital, nursing and nursing home care, and high school, vocational, college, university and post-graduate education. Any undistributed income shall be accumulated. Upon such Child's attaining the age of twenty-five (25) years, he or she shall, upon written request, be paid one-third (1/3) of the then assets of the trust. My Trustee shall thereafter pay and distribute the net income of the trust, not less frequently than quarterly, to or for the benefit of that Child, upon his or her written request. Upon such Child's attaining the age of thirty (30) years, he or she shall, upon written request, be paid one-half (1/2) of the then assets of the trust. Upon such Child's attaining the age of thirty-tive (35) years, he or she shall, upon written request, be paid all of the remaining assets of the trust. If at the establishment of the trust said Child has already attained an age at which he or she would have been entitled to one or more distributions of assets, as above provided, the portion(s) that would have been distributed at such prior age{s) shall be paid to such Child upon such Child°s written request. Should such Child of mine die before final distribution of the assets of said trust, the provisions of Item V(c) herein shall control. Page2of9 (c) If a trust beneficiary shall die before final distribution of the trust assets to which the beneficiary would otherwise be entitled, said assets shall be divided into as many equal shares as there are then living children of said deceased beneficiary, and are to be distributed to said living children under the same terms and conditions as set forth herein. If a beneficiary dies before final distribution of the trust assets to which the beneficiary would otherwise be entitled and not be survived by living children, then the Trustee shall divide said assets into as many equal shares as there are then existing trusts created under this Item V, and one such share shall be added to each such then existing trust. Provided, that if any of said trusts herein created has previously been terminated by payment of all of its principal to its beneficiaries, said beneficiaries who received payment of the principal of that trust shall collectively be considered an "existing trust" for the purposes of this Item V(c), and one such equal share shall be paid directly to each beneficiary in the same proportion by which he or she received the principal of the trust or, if deceased, to his or her issue, per stirpes. If at the time of termination described in this Item V(c) there is no then existing trust, or if at any time before final distribution of assets under this Item V none of my issue is living, the trust shall terminate, then the remaining trust assets shall be distributed to those persons who would receive my estate had I then died intestate, a resident of the Commonwealth of Pennsylvania. (d) Notwithstanding the foregoing, any trust created hereunder shall automatically terminate and the principal and income be distributed twenty-one (21) years from the death of the last surviving beneficiary living at the time of my death. (e) Except as otherwise may be provided, during the continuance of any of the trusts created under the provisions of this Will, and thereafter until the property is distributed to and received by a beneficiary hereunder, the principal sums thus held in trust for any beneficiary, and the income thereof shall not be subject to or liable for any contracts, debts, engagements, liabilities, or torts of such beneficiary now or hereafter made, contracted, incurred, or committed, including, without limitation, attachment, levy, and seizure by any creditor, spouse, assignee, trustee, or receiver in bankruptcy, but shall be absolutely free from the same, ,and such beneficiary shall have no power to sell, assign, anticipate, or encumber all or any part of the principal sums of such beneficiary's interest therein, or the income thereof. Page 3 of 9 Appointment of Fiduciaries ITEM VI: I hereby nominate, constitute and appoint my father, Timothy J. Noonan, to be my Executor. In the event of the death, resignation, refusal or inability of my father to serve as Executor, I nominate, constitute and appoint my sister, Colleen M. Hickey, to serve as Executor in his place. ITEM VII: I hereby nominate, constitute and appoint my father, Timothy J. Noonan, to be my Trustee. In the event of the death, resignation, refusal or inability of my father to serve as Trustee, I nominate, constitute and appoint my sister, Colleen M. Hickey, to serve as Trustee in his place. ITEM VIII: If at any time any minor child or mentally incapacitated person shall be entitled to receive any assets hereunder, my Trustee shall act as Guardian of the assets payable to such person and shall have full authority to use such assets in any manner as such Guardian shall deem advisable for the best interests of such person, including proper support, maintenance, medical, hospital, nursing and nursing home care, high school, college, university, post-graduate or other education, without securing court order. ITEM IX: If I am survived by minor Children and I am not survived by their biological mother, Cheryl A. Noonan, I nominate, constitute and appoint my sister and brother-in-law, Patricia N. Bowman and Eric C. Bowman, or the survivor of them, to be the Guardian of the person of each such minor child. In the event of the death, resignation, refusal or inability of both Patricia N. Bowman and Eric C. Bowman to as Guardian, I nominate, constitute and appoint my sister, Colleen M. Hickey, to serve as Guardian in their place. ITEM X: My Executor, Trustee, and Guardian are specifically relieved from the duty or obligation of filing any bond or other security. Powers of Fiduciaries ITEM XI: In the settlement of my Estate and during the continued existence of the foregoing trusts, my Executor and Trustee of each trust shall possess, among others, the following powers to be exercised for the best interests of the beneficiaries: (a) To retain any investment I may have at my death, so long as my Executor or Trustee may deem it advisable to my Estate or trusts to do so. (b) To vary investments, when deemed desirable by my Executor or Trustee, and to invest in such bonds, stocks, notes, momey Page 4 of 9 markets, real estate mortgages or other securities, other than options or futures, and in such other real or personal property as my Executor or Trustee shall deem wise, without being restricted to so-called "legal investments." (c) In order to effect a division of the principal of my Estate or a trust or for any other purpose, including any final distribution of my Estate or any trust, my Executor or Trustee is authorized to make said divisions or distributions of the personalty and realty, partly or wholly in kind. If such division or distribution is made in' kind, said assets are required to be divided or distributed at their respective values on the date(s) of their division or distribution. (d) To sell, either at public or private sale, and upon such terms and conditions as my Executor or Trustee may deem advantageous to my Estate or trusts, any or all real or personal estate or interest therein owned by my Estate or trusts, severally or in conjunction with other persons, or acquired after my death by my Executor or Trustee, and to consummate said sale(s) by sufficient deeds or other instruments to the purchaser(s) conveying a fee simple title, free and clear of all trust, and without obligation or liability of the purchaser(s) to see to the application of the purchase money or to make inquiry into the validity of said sale(s); also, to make, execute, acknowledge and deliver any and all deeds, assignments, options or other writings that may be necessary or desirable to effect any of the bequests or devises made in my Will or in carrying out any of the powers conferred upon my Executor or Trustee in this Item XI(d) or elsewhere in my Will. (e) To mortgage real estate and to make leases of real estate. (f) To borrow money from any party to pay indebtedness of mine or of my Estate or trusts, expenses of administration, or inheritance, legacy, estate and other taxes. (g) To pay all costs, taxes, expenses and charges, except as herein noted, in connection with the administration of my Estate or a trust. My Executor shall pay expenses of my last illness and funeral expenses. (h) To vote any shares of stock that form a part of my Estat@ or a trust and otherwise to exercise all the powers incident to the pwnership of such stock. (i) To assign to and hold in a trust an undivided portion of alny asset. Page 5 of 9 (j) In the discretion of my Trustee, if the size of any trust herein established shall become so small that it is impractical or uneconomical to continue said trust, my Trustee may distribute all accumulated income and principal to the then income beneficiaries in proportion to their income interests. (k) To merge any trust created hereunder with any other trust or trusts created by me, under will or deed, if the terms of any such trust are substantially similar and are held for the primary benefit of the same persons, and if such merger shall not cause an adverse income, estate or generation-skipping transfer tax consequence. (I) The right and discretion to elect the most appropriate settlement options for any pension plans, individual retirement accounts or other employee benefit options payable to my Estate or any trust, assuming such election shall be in accordance with procedures established by the plan's administrative committee or administrator, as the case may be. (m) The right to engage accountants, attorneys, appraisers and other agents, as deemed necessary by my Executor or Trustee, to render advice to and/or to represent my Executor or Trustee, as my Executor or Trustee deem necessary or appropriate to the administration and preservation of my Estate or the assets of any trUSt. (n) To do all other acts that, in the judgment of my Executor or Trustee, are necessary or desirable for the proper and advantageous management, investment and distribution of my Estate. Miscellaneous Provisions ITEM XII: Any person who shall have died at the same time as me, or in a common disaster with me, or who shall fail to survive me by ninety (90) days, shall be deemed to have predeceased me. ITEM XIII: As used in this Will, the terms "my child" or "my children" shall mean my sons, Kyle T. Noonan, Conner J. Noonan, and Jack T. Noonan. Page 6 of 9 IN WITNESS WHEREOF, I have hereunto set my hand and seal to this, my Last Will and Testament, consisting of this page, the next two pages, and the preceding six pages, this 26~h day of September, 2008. ~~ ~ SIGNED, SEALED, PUBLISHED AN named Testator, Kevin T. Noonan, as and for his request, in his presence and in the presence of e our r)ame$ as witnesses in attestation thereof. '~~ ~~f~~- Address Address ~~=~`--- Address Page 7 of ~I D DECLARED by the abo e- Will, in the presence of u , who, at his ach other, have hereunto ubscribed lG' ~ ~Vt?. E' - -~ iG~~ u ' GS 1~G I c~c~~rnE-,~ ~d CC~m I-~ p~ t~~I ~rn J S X011 3 ~ COMMONWEALTH OF PENNSYLVANIA COUNTY OF DAUPHIN SS. I, Kevin T. Noonan, the Testator whose name is signed to the attached or foregoing instrument, having been duly qualified according to law, do hereby acknowledge that I signed and executed the instrument as my Last Will; and that I signed it willingly and as my free and voluntary act for the purposes therein ~xpressed. Sworn to or affirmed and acknowledged before me by Kevin T.Noonan, the Testator, this 26`h day of September, 2008. ~/ j Testator Notary Pub ~ My Commission Expires: COMMONWEALTH OF PENNSYLVANIA i~ NegriN Sall Harva J. Owinpa~Bauphman, Notary Pubib Clly of Ha~riebur0, Dauphin County MY Commkeion Expires July 12, 2012 Mamtxv, Pennayhranla Association of Notaries ~~ Page 8 of 9 GOMMONWEALTH OF PENNSYLVANIA SS. COUNTY OF DAUP~H,,IN ' We, i.elVld ~• ~~``k T l~'~f.l~~ !-t lJ~~tGrJ21~ ,and ~n~~ (~, ~,Il~c~rn.~~-r~ ,the witnesses whose names are signed to the attached or foregoing instrument, being duly qualified according to law, do depose and say that we were present and saw the Testator sign and execute the instrument as his Last WiII; that the Testator signed willingly and executed it as his free and voluntary act for the purposes therein expressed; chat each subscribing witness, in the hearing and sight of the Testator, signed the Will as a witness; and that to the best of our knowledge the Testator was at that time 18 or more years of age, of sound mind and under no constraint or undue infiuence. ~~~ ~ ~ to or affirm ai d s~sc itpe o before me, lJ~i f ' ,and ' . a ,witnesses, this 26t" day of September, 2008. n Notary Pu r My Commission Expires: F:\dbw\WiIlsWoonan\Kevin T, - Wilt.doc COMMONWEALTH OF PENNSYLVANIA NWdN Saal Harva J. Owinpr8aup"man, Notary PuWk City W Hartiataxp, Daup"in Cou~y My Commlasbn Exphea July 72, 2012 Member, Pennsylvania Psaodatbn of Note{les Page 9 of 9 Itness