HomeMy WebLinkAbout10-26-0915056041192
REV-1500 EX (06-05) OFFICIAL USE ONLY
PA Department of Revenue County Code Year FileNumber
Bureau of Individual Taxes INHERITANCE TAX RETURN
PO BOX 280801
Harrisburg, PA 17128-0801 RESIDENT DECEDENT 21 0 9 0 7 0 5
ENTER DECEDENT INFORMATION BELOW
Social Security Number Date of Death Date of Birth
172 01 2334 07 26 2009 09 O6 1915
Decedent's Last Name Suffix Decedern's Frst Name MI
Carricato Mr• Joseph R
(If Applicable) Enter Surviving Spouse's Information Below
Spouse's Last Name Suffix Spouse's Frst Name MI
Spouse's Social security Number THIS RETURN MUST BE FILED IN DUPLICATE VIVITH THE
REGISTER OF WILLS
FILL IN APPROPRIATE OVALS BELOW
~ 1. Original Return O 2. Supplemental Return O 3. Remainder Return (date of death
prior to 12-13-82)
[~ 4. limited Estate O 4a. Future Interest Compromise (date of O 5. Federal Estate Tax Return Required
death after 12-12-82)
~ 6. Decedern Died Testate O 7. Decedent Maintained a Living Trust 8. Total Number of Safe Deposit Boxes
(Attach Copy of Will) (Attach Copy of Trust)
O 9. Litigation Proceeds Received O 10. Spousal Poverty Credit (date of death o 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 Confldentlal Tax Information Should be Directed to:
Name Daytime Telephone Number
Elyse E- Rogers, Esquire 717 612 5801
Frm Name (If Applicable)
REGISTER OFWILLS USE ONLY
Keefer Wood Allen & Rahal, LLP
C7 ^'
Frst line of address ~=~ ~ ~°
r : -I7
635 N. 12th Street, Suite 400 -~~ °
_..~ _~..'...~ L.,,,,J
Second line of address _iJ ~ ! ;~ ;
x :~
~
a ~ ~ j 'l7 .
` W` '_` -
Qty or Post Office State ZIP Code '~ DATE FILED ~ ~ ~ i
Lemoyne PA 17043 ~ _;, ~Y-- '„i
,,
..
c-
c.rt
Conespondern's a-mail address: erogers@keeferwood.com
Under penalties of perjury, I declare that I have examined this return, including accompanying sc hedules and stat ements, and to the bast of my knowledge and belief
itis true, correct and complete. Declaration of the preparer otherthan personal representative is based on all information of which preparer hasany knowledge. ,
SIGNATURE OFPERSON RESPONSIBLE FOR FILING RETURN DATE
See,schedule attac~~ ~~ a (~ ,,.~S~, ~~n w ~1/IA ~ /I.1. ~'"- /, ~ l`_'~
ADDRESS lyse E. Rogers, squl
635 N. 12th Street, Suite 4 moyne, PA 17043
PLEASE USE ORIGINAL FORM ONLY
Side 1
L 15056041192 15056041192
Estate of: Joseph R. Carricato Mr.
Executor
Michael T. Carricato Jeanne M. Lafferty
224 Old Cabin Hollow Road 145 Red Stone Drive
Dillsburg, PA 17019 York Haven, PA 17370
172-01-2334
Rev-1500 IX
15056042193
Decedent's Name: Joseph R. Carricato Mr.
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.
6. Jointly Cwvned Property (Schedule F) O Separate Billing Requested • • • • .. 6.
7. Inter-~vos Transfers & Miscellaneous Non-Probate Property
(Schedule G) l~ Separate Billing Requested • • .... 7.
8. Total Gross Assets (total Lines 1-7) • ............................... 8.
Decedent's Social Security Number
172 01 2334
0.00
42,449.29
0.00
0.00
43,948.60
o•oo
20,604.63
107,002.52
9. Funeral Expenses & Administrative Costs (Schedule H) .................... 9.
10. Debts of Decedent, Mortgage Liabilities, & Liens (Schedule I) ............... 10.
11. Total Deductions (total Lines 9 & 10) ................................ 11.
12. Net Value of Estate (Line 8 minus Line 11) ............................. 12.
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.
15,645.81
10,774.16
26,419.97
80,582.55
1,000.Oo
79,582.55
TAX COMPUTATION -SEE INSTRUCTIONS FOR APPLICABLE RATES
15. Amount of Line 14 taxable
at the spousal tax rate, or
transfers under Sec. 9116
(a)(1.2) X .00 0 • 0 0 15.
16. Amount of Line 14 taxable
at lineal rate X .045 7 9, 5 8 2. 5 5 1 s.
17. Amount of Line 14 taxable
at sibling rate X .12 0 • 0 0 17.
18. Amount of Line 14 taxable
at collateral rate X .15 O • 0 O
1 g,
19. TAX DUE .................................................... 19.
20. FILL IN THE OVAL IF YOU ARE REQUESTING A REFUND OF AN OVERPAYMENT
Side 2
15056042193 15056042193
0.00
3,581.21
0.00
o•oo
3,581.21
O
Rev-1500 EX Page 3
Decedent's Complete Address:
Fle Number
21 09 0705
DECEDENTS NAME
Jose h R. Carricato Mr. DECEDENTS SOCIAL SECURITY NUMBER
172-01-2334
STREET ADDRESS
5225 Wilson Lane
CITY
Mechanicsburg STATE
PA ZIP
17055
Tax Payments and Credits:
1. Tax Due (Page 2 Line 19)
2. Credits/Paymerns
A. Spousal Poverty Credit 0.00
B. Prior Paymerns 3,402.15
C. Discount 179.06
Total Credits (A + B + C)
3. Irnerest/Penalty if applicable
D. Interest 0.00
E. Penalty 0.00 Total Interest/Penalty (D + E)
4. If Llne 2 is greater than Line 1 + Line 3, enter the difference. This is the OVERPAYMENT.
FIII In oval on Page 2, Line 20 to request a refund.
5. If Line 1 + Line 3 is greater than Line 2, enter the difference. This is the TAX DUE.
A. Erner the irnerest on the tax due.
B. Enter the total of Line 5 + 5A. This is the BALANCE DUE.
(1) 3,581.21
(2) 3,581.21
(3) 0.00
(4)
(s) 0.00
(5A)
(SB)
Make Check Payable to: REGISTER OF WILLS, AGENT
PLEASE ANSWER THE FOLLOWING QUESTIONS BY PLACING AN "X" IN THE APPROPRIATE BLOCKS
1. Did decedern make a transfer and: Yes No
a retain the use or income of the property transferred; ,,,,,,,,,,,,,,,,,,,,,,,,,,
......
..
b. retain the right to designate who shall use the property transferred or its income : ........... .. ^
c. retain a reversionary interest; or .............................................. .. ^
d. receive the promise for life of either paymerns, benefits or care? ...................... .. ^
2. If death occurred after December 12, 1982, did decedern transfer property within one year
of death without receiving adequate consideration? .................................. .. ^
3. Did decedern own an intrust for" or payable upon death bank accourn or security at his or her death? ^
4. Did decedern own an Individual Retiremern Accourn, 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) peroern [72 P.S. Sect. 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)
peroern [72 P.S. Sect. 9116(a)(1.1)(ii)]. The statue does not exempt a transfer to a surviving spouse from tax, and the statutory requiremerns 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 stepparern of the child is zero (0) percent [72 P.S. Sect. 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. Sect. 9116(1.2) [72 P.S. Sect. 9116(a)(1)j.
The tax rate imposed on the net value of transfers to or for the use of the decedern's siblings is twelve (12) percent [72 P.S. Sect. 9116(a)(1.3)]. A sibling
is defined, under Section 9102, as an individual who has at least one parent in common with the decedern, whether by blood or adoption.
REV-1503 EX+(e-98)
SCHEDULE B
COMMONWEALTH OF PENNSYLVANIA I STOCKS & BONDS
INHERITANCETAX RETURN
RESIDENT DECEDENT
ESTATE OF FILE NUMBER
Joseph R. Carricato Mr. 21 09 0705
(If more space is needed, insert additional sheets of the same size)
REV -1508 EX+ (e-98)
COMMONWEALTH OF PENNSYLVANIA
INHERITANCETAX RETURN
RESIDENTDECEDENT
SCHEDULE E
CASH, BANK DEPOSITS, & MISC.
PERSONAL PROPERTY
ESTATE OF FILE NUMBER
Joseph R. Carricato Mr. 21 09 0705
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 Scheduel F.
ITEM VALUE AT DATE
NUMBER DESCRIPTION OF DEATH
1 Citizens Bank Checking Account 621022-273-4 4,218.96
Per 10/19/09 letter
2 PNC Bank Checking Account 50-0401-6328 1,100.13
Per 8/27/09 letter
3 Citizens Bank Money Market Account 621022-272-6 I 25,441.30
Per 10/19/09 letter
4 ~ Merrill Lynch Money Market Account 872-28423 ~ 11,729.85
5 I Cemetary Lots, Gate of Heaven Cemetery I 800.00
Per Sales Price
6 ~ Equitable Life Benefit Payment (Hershey Retirement) ~ 39.66
7 ~ Prudential Life Insurance Payment (Hershey Retirement) ~ 618.70
TOTAL (Also enter on line 5, Recapitulation) I 43,948.60
(If more space is needed, insert additional sheets of the same size)
REV-1510 EX+(e-98)
COMMONWEALTH OF PENNSYLVANIA
INHERITANCETAX RETURN
RESIDENTDECEOENT
SCHEDULE G
INTER-VIVOS TRANSFERS &
MISC. NON-PROBATE PROPERTY
ESTATE OF FILE NUMBER
Joseph R. Carricato Mr. 21 09 0705
This schedule must be completed and filed if the answer to any of questions 1 through 4on the reverse side of the REV-1500 COVER SH EETis yes.
ITEM
NUM DESCRIPTION OF PROPERTY
INCLUDE NAME OF TRANSFEREE,RELATIONSHIPTODECEDENT&
DATEOFTRANSFER. ATTACH COPYOF DEED FOR REAL ESTATE
DATE OF DEATH
VALUE OF ASSET
%OFDEC'S
INTEREST
IXCLUSION
(IF APPLICABLE)
TAXABLE
VALUE
1 Merrill Lynch IRA 20,604.63 100 20,604.63
Beneficiary: Carricato Family Partnership
Per Appraise software
TOTAL (Also enter on line 7, Recapitulation)
(If more space is needed, insert additional sheets of the same size)
20,604.63
REV-1511 EX+(10-08)
COMMONWEALTH OF PENNSYLVANIA
INHERITANCETAx RETURN
RESIDENTDECEDENT
SCHEDULE H
FUNERAL EXPENSES &
ADMINISTRATIVE COSTS
ESTATE OF FILE NUMBER
Joseph R. Carricato Mr. 21 09 0705
Debts of decedent must be reported on Schedule 1.
ITEM
NUMBER DESCRIPTION AMOUNT
A FUNERAL EXPENSES:
See schedule attached 12,049.70
B. ADMINISTRATIVE COSTS:
~. Personal Representative's Commissions
Name of Personal Representative(s)
Street Address
2.
3.
qtY State Zip
Year(s) Commission Paid:
Attorney Fees
Family Exemption: (If decedern's address is not the same as claimant's, attach explanation)
gaimant
Street Address
City State Zip
Relationship of gaimarn to Decedern
4. Probate Fees
5. Accournarn's Fees
6. Tax Return Preparer's Fees
See schedule attached
TOTAL (Also enter on line 9, Recapitulation)
(If more space is needed, insert additional sheets of the same size)
3,000.00
252.00
344.11
15,645.81
Estate of: Joseph R. Carricato Mr.
Schedule H, Part A -Funeral Expenses
Page 2
21 09 0705
Item
Number Description Amount
1 Malpezzi Funeral Home 9,089.70
2 Joseph Carricato, reimbursement for travel expenses 250.00
3 Patricia Carter, reimbursement for travel expenses 660.00
4 Kanaga House, funeral luncheon 800.00
5 Joles Carricato, reimbursement for travel expenses 500.00
6 Tony Dellia, reimbursement for travel expenses 500.00
7 Drew Carricato, reimbursement for travel expenses 250.00
TOTAL. (Carry forward to main schedule) ...... 12,049.70
Page 3
Estate of: Joseph R. Carricato Mr. 21 09 0705
Schedule H, Part B -Administrative Costs
Miscellaneous Expenses
Item
Number Description Amount
7 The Sentinel, legal advertising 176.92
8 Cumberland Law Journal, legal advertising 75.00
9 PNC Bank, ATM withdrawal fee 2.00
10 Citizens Bank, service charge- cash dep/currency orders 49.32
11 Citizens Bank, Clark American Chk Order 90815 26.12
12 Patriot News 14.75
TOTAL. (Carry forward to main schedule) ...... 344.11
REV-1512 EX+(12-03)
COMMONWEALTH OF PENNSYLVANIA
INHERITANCETAX RETURN
RESIDENTDECEDENT
SCHEDULE I
DEBTS OF DECEDENT,
MORTGAGE LIABILITIES, & LIENS
ESTATE OF FILE NUMBER
Joseph R. Carricato Mr. 21 09 0705
Report debts Incurred by decedent prior to death which remained unpaid as of date of death, Including unrelmbursed medical expenses.
ITEM VALUE AT DATE
NUMBER DESCRIPTION OF DEATH
1 Bonnie Miller, West Shore tax 9.80
2 Beth Santanna, reimbursement for payments made on behalf of Decedent 102.00
prior to his death
3 Bethany Skilled Nursing 6,713.65
4 Continuing Care RX 1,033.98
5 West Shore EMS BCS 140.06
6 Bethany Village 1,962.95
7 Links Care 468.00
8 Links Care 312.00
9 Continuing Care RX 31.72
TOTAL (Also erner on line 10, Recapitulation) I 10,774.16
(If more space is needed, insert additional sheets of the same size)
REV -1513 EX+ (9-00)
SCHEDULE J
COM NHERETANCETAXRETURNANIA BENEFICIARIES
RESIDENTDECEDENT
ESTATE OF
FILE NUMBER
Joseph K. c;arrlcato Mr. 21 09 070 5
RELATIONSHIP TO DECEDENT AMOUNT OR SHARE
NUMBE NAME AND ADDRESS OF PERSONS RECEIVING PROPERTY Do Not List Tru s OF ESTATE
i TAXABLE DISTRIBUTIONS [include outright spousal distributions, and
transfers under Sec. 9116(a)(1.2)]
See schedule attached
ENTE R DOLLAR AMOUNTS FOR DISTRIBUTIONS SHOWN ABOVE ON LINES 15 TH ROUG H 18, AS APPROPRIATE, ON REV-1500 COVER SH EET
zr NON-TAXABLE DISTRIBUTIONS:
A. SPOUSAL DISTRIBUTIONS UNDER SEC. 9113 FOR WHICH AN ELECTION TO TAX IS NOT BEING MADE
B. CHARITABLE AND GOVERNMENTAL DISTRIBUTIONS
1 St. Joseph Catholic Church 1,000.00
400 East Simpson Street
Mechanicsburg, PA 17055
TOTAL OF PART II -ENTER TOTAL NON-TAXABLE DISTRIBUTIONS ON LINE 13 OF REV-1500 COVER SHEET 1,000.00
(If more space is needed, insert additional sheets of the same size)
Estate of: Joseph R. Carricato Mr.
Schedule J, Part I -Taxable Distributions
Page 2
21 09 0705
Amount or Share
Num. Name and Address of Person(s) Receiving Property Relationship to Decedent of Estate
Jeanne M. Lafferty Daughter 7,958.25
145 Red Stone Drive
York Haven, PA 17370
Joseph R. Carricato, Jr. Son 7,958.25
724 27th Strett
Manhattan Beach, CA 92066
Julius F. Carricato Son 7,958.25
20 S. Chestnut Street
Mechanicsburg, PA 17055
Michael T. Carricato Son 7,958.25
224 Old Cabin Hollow Road
Dillsburg, PA 17019
Angela M. Dellia Daughter 7,958.25
224 Fox Run Drive
Exton , PA 19341
Mary E. Santanna Daughter 7,958.26
6455 Oak View Drive
Harrisburg, PA 17112
John Carricato Son 7,958.26
699 Knight Rd.
Harrisburg, PA 17111
Patricia Carter Daughter 7,958.26
5024 Redcliff Ct
Dunwoody, GA 30338
Timothy T. Carricato Son 7,958.26
1802 Walnut Street
Camp Hill, PA 17011
Thomas T. Carricato Son 7,958.26
236 Harvey Road
Hershey, PA 17033
~~J,~~ U'V' Illlll ~Il7LQ]L ~~~~~llR7l~c~]Cll~
OF
JOSEPH R. CARRICATO
I, JOSEPH R. CARRICATO, of Silver Spring Township, Cumberland
County, Pennsylvania, do make, publish and declare this to be my Last Will and
Testament, hereby revoking all Wills and Codicils by me heretofore made.
ITEM I: Familv Information. I am a widower, having
been married to EUGENIA T. CARRICATO, who predeceased me. I have ten
children: JOSEPH R. CARRICATO, JR., JEANNE M. LAFFERTY, MICHAEL T.
.;,
ARRICATO, JULIUS F. CARRICATO, ANGELA MARIE CARRICATO, MARY
ELIZABETH SANTANNA, PATRICIA A. CARTER, TIMOTHY T. CARRICATO,
THOMAS T. CARRICATO, and JOHN CARRICATO. These are described in this
Will as "my children," or as "a child of mine." Any person born to or adopted by
issue of mine is to be included as issue of mine. Provided, however, no adopted
person shall benefit under this Will unless the order or decree of adoption is entered
before the adopted person attains the age of twenty-one (21) years.
ITEM II: Death Taxes. I direct that all inheritance
and estate taxes becoming due by reason of my death, whether payable by my
estate or by any recipient of any property, shall be paid by the Executor out of the
residue of my estate, as an expense and cost of administration of my estate, except
that no taxes shall be charged against any gift qualifying for the marital or
charitable deduction in my estate. The Executor shall have no duty or obligation to
obtain reimbursement for any such tax so paid, even though on proceeds of
insurance or other property not passing under this Will.
Page 1
ITEM III: Debts and Final Expenses. I direct the
Executor to pay the expenses of my last illness and funeral expenses from the
residue of my estate as an expense and cost of administration of my estate.
ITEM IV: Cash Gift. I give the sum of ONE
THOUSAND ($1,000) DOLLARS to ST. JOSEPH CATHOLIC CHURCH,
Mechanicsburg, Pennsylvania.
ITEM V: Tangible Personal Property,.
(a) Written List. I may leave a written list in my safe deposit
box or elsewhere disposing of certain items of my tangible personal
property. The Executor shall dispose of items of my personal property
as specified in the written list. If no written list is found in my safe R
~~
deposit box or elsewhere and properly identified by the Executor
within thirty (30) days after the probate of my Will, it shall be
presumed that there is no other statement or list. Any subsequently
discovered list shall be ignored.
(b) Remaining Tangible Personal Property. I give all of my
household furniture, furnishings, jewelry, silverware, wearing apparel
and all other articles of household or personal use or adornment not
referenced in the written list mentioned in paragraph (a) and all
policies of insurance thereon to my children, to be divided among them
as they shall agree. Should there be na agreement, the Executor shall
divide this property among them in as nearly equal portions as the
Executor, in the discretion of the Executor, deems appropriate, having
due regard to the personal preferences of my children.
ITEM VI: Residue. I give the residue of my estate, not
disposed of in the preceding portions of this Will, to my children, in equal shares. If
any of my children is not living at my death, the share of my deceased child shall be
paid to his or her then living issue, per stirpes.
Page 2
ITEM VII: Administrative Powers. In addition to the
powers granted at law, the Executor shall possess the following powers, each of
which shall be construed broadly and may be exercised without court approval, but
in a fiduciary capacity only:
(a) Retain Investments. To retain any investments I have at
my death, including specifically those consisting of stock of any bank
even if I have named that bank as the Executor.
(b) Varv Investments. To vary investments and to invest in
bonds, stocks, notes, real estate mortgages or other securities or in
other property, real or personal, without being restricted to so-called
"legal investments", and without being limited by any statute or rule of
law regarding investments by fiduciaries. h
(c) Division of Assets. In order to divide the principal of my
estate or make distributions, the Executor is authorized to distribute
personal property and real property partly or wholly in kind, and to
allocate specific assets among beneficiaries so long as the total market
value of each share is not affected by the division, distribution or
allocation in kind. The Executor is authorized to make, join in and
consummate partitions of lands, voluntarily or involuntarily, including
giving of mutual deeds, or other obligations, with as wide powers as an
individual owner in fee simple.
(d) Sell Assets. To sell either at public or private sale any or
all real or personal property severally or in conjunction with other
persons, and to consummate sale(s) by deed(s) or other instrument(s)
to the purchaser(s), conveying a fee simple title. No purchaser shall be
obligated to see to the application of the purchase money or to make
inquiry into the validity of any sale. The Executor is authorized to
make, execute, acknowledge and deliver deeds, assignments, options or
Page 3
other writings as necessary or convenient to carry out the powers
conferred upon the Executor.
(e) Encumber Real Estate. To mortgage real estate, and to
make leases of real estate.
(~ Borrow Monev. To borrow money from any person,
including the Executor, to pay indebtedness of mine or of my estate,
expenses of administration or inheritance, legacy, estate and other
taxes, and to assign and pledge assets of my estate.
(g) Pav Costs. To pay all costs, taxes, expenses and charges
in connection with the administration of my estate.
(h) Distributions Without Court Order. To make '''
distributions of income and of principal to the proper beneficiaries,
during the administration of my estate, with or without court order, in
such manner and in such amounts as my Executor deems prudent and
appropriate.
(i) Vote Stock. To exercise voting rights with respect to
securities which form a part of my estate, and to exercise all the
powers incident to the ownership of securities.
(j) Reorganize. To unite with other owners of property
similar to property in my estate to carry out any plans for the
reorganization of any company whose securities form a part of my
estate.
(k) Disclaim. To disclaim any interest in property which
would devolve to me or my estate by whatever means, including but
not limited to the following means: as beneficiary under a will, as an
appointee under the exercise of a power of appointment, as a person
Page 4
entitled to take by intestacy, as a donee of an inter vivos transfer, and
as a donee under athird-party beneficiary contract.
(1) Tax Returns. To prepare, execute and file tax returns of
any type required by applicable law, and to make all tax elections
authorized by law.
(m) Allocate Expenses. To allocate administrative expenses
to income or to principal, as the Executor deems appropriate.
However, no allocation to income shall be made if the effect of the
allocation is to cause a reduction in the amount of any estate tax
marital deduction or estate tax charitable deduction.
(n) Emplov Advisors. To employ custodians of property, ,
investment or business advisors, accountants and attorneys as the
Executor deems appropriate, and to compensate these persons from
assets of my estate, without affecting the compensation to which the
Executor is entitled.
(o) Adjust Basis. To make any adjustment to basis
authorized by law, including, but not limited to increasing the basis of
any property included in my estate, whether or not passing under this
Will, by allocating any amount by which the bases of assets may be
increased. The Executor shall be under no duty and shall not be
required to allocate basis increase exclusively, primarily, or at all to
assets which pass as part of my probate estate as opposed to other
property for which a basis adjustment is allowable. The Executor shall
allocate basis increase equitably among those beneficiaries receiving
property as a result of my death, but shall not be liable to any person,
nor subject to removal or surcharge, for any reasonable allocation of
basis increase.
(p) Compromise Claims. To compromise claims.
Page 5
(q) Other Acts. To do all other acts iri the Executor's
judgment deemed necessary or desirable for the proper and
advantageous management, investment and distribution of the estate.
ITEM VIII: Beneficiary Under Age 25. If a beneficiary
under the age of twenty-five (25) years is entitled to receive assets under this Will,
the person who served as Executor of my estate shall retain those assets as
Custodian for the beneficiary under the Pennsylvania Uniform Transfers to Minors
Act. The Custodian may receive and administer all assets authorized by law, and
shall have full authority as provided in the Pennsylvania Uniform Transfers to
Minors Act to use assets in the manner the Custodian deems advisable for the best
interests of the beneficiary. I also designate the person who served as Executor of
my estate as successor Custodian of any property for which I am custodian under
any Uniform Gifts to Minors Act or Uniform Transfers to Minors Act.
ITEM IX: Survival. Any person who has died within
thirty (30) days of my death, or under such circumstances that the order of our
deaths cannot be established by proof, shall be deemed to have predeceased me.
ITEM X: Executors. I make the following provisions
with respect to Executors:
(a) Executors. I appoint my daughter, JEANNE MARIE
LAFFERTY, and my son, MICHAEL T. CARRICATO, to serve as
Executors.
(b) Compensation. The Executor shall have the right to
receive reasonable compensation for services rendered and
reimbursement for reasonable expenses.
(c) Standard of Care. No Executor shall be liable or
accountable for any loss that may result from the good faith exercise of
the authority granted in this Will.
Page 6
(d) Security. The Executor is specifically relieved from the
duty of filing bond or ,entering security.
IN WITNESS WHEREOF, I have set my hand and seal to this, my
Last Will and Testament, consisting of this and the preceding six (6) pages, at the
end of each page of which I have also set my initials for greater security and better
identification this (CJ day of / '/C~, , 200
r
' - AL)
OS R. C RIC
We, the undersigned, hereby certify that the foregoing Will was signed,
sealed, published and declared by the above-named Testator as and for his Last
Will and Testament, in the presence of us, who, at his request and in his presence
and in the presence of each other, have hereunto set our hands and seals the day
and year first above written, and we certify that at the time of the execution
thereof, the said Testator was of sound and disposing mind and memory.
( }
~~~~ SEAL
~ (SEAL)
Residing at ~~/ ,2,c.~.,J ~~~Ll-f,y)
f"~
Residing at ~ .S .
~`~~ ~- ~ ~~ ~s'
R
ACKNOWLEDGMENT
COMMONWEALTH OF PENNSYLVANIA )
SS:
COUNTY OF c~.~~ )
I, JOSEPH R. CARRICATO, 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
Testament; that I signed it willingly; and that I signed it as my free and voluntary
act for the purposes therein expressed.
(SEAL) '~~
OS H R. ICATO
Sworn to and subscribed before
me this , mac, day of
vrw..~ , 2C1~.
~,
Notary Public
My Commission Expires:
(SEAL) coMwo~wc~--.TM os ~c~artv~+un
NOTARIAL SEAL
PATRICIA D. OLYARNIK. Notary P~~blic
Hampder- Twp.. Cumberland County
Conwnission Expires A 27,1009
~ s
AFFIDAVIT
COMMONWEALTH OF PENNSYLVANIA }
SS:
COUNTY OF c;~~- }
We, ~~-l_~ 's ~ Gv~ i~ and C.. ~ y J ~ a ~ 2( S
the Witnesses whose names are signed to the attached or foregoing instrument,
being duly qualified according to law, do depose and say that we were present and
saw Testator, JOSEPH R. CARRICATO, sign and execute the instrument as his
Last Will and Testament; that Testator signed willingly and that he executed said
Will as his free and voluntary act for the purposes therein expressed; that each of us
in the hearing and sight of the Testator signed the Will as Witnesses; and that to
the best of our knowledge the Testator was at that time eighteen (18) or more years
of age, of sound mind and under no constraint or undue influence.
~- ~f/
Witness
Sworn to and subscribed before
me this ~ ~~ day of
~M~ , 2d~~O.
~~ ~~
Notary Public
My Commission Expires:
(SEAL)
~ ~ ~
Witne s
CaMIMONM~E/ILTH OF -~NNa11L.VAIWA
PATRICIA D. OL ARN K Notary Pubk
Hampden Twp,. Cumberland C
Commission Expires 2T
~ CD M N O O ODD
=
V ~ O
~ M O .N-- N O
a
y N
N N ~ ti
W ~ M
c~
~--
~
U
C
to Q
m U
~ ~ H
~
~. ~ _
t ~
a
~ ~Q ~
o
a ~O
xs Q
j U0~
m
r~+
^CC1 L CA
~ ~ O
O O
O O
O
O
(~0 .. .. .. ~ = d
W
N
r
•=
CO ~ ~ COO ONO ~
~
~' ~'
~
~ C N
~ ~ CV O
'~7 ~
N CM
M
V ~ Q
~ fA
Q tV Q ~
Q Q w
~ ~
d
~
J_ J
J J_
J J_
J J
N OF- S S =_ 22 =_
~••r N
lD
~
r-.
~ O~
E ~
Z ~ 00 00 00 00
~ Q m O
~ ~ O O O O O
W~Z 3 a
D
'~ ~ r-N _
lMaO ~N
~ N N N N M M
J ~ st
O
~ W
Q 0 0
°o °o O O
°
° O O
°
° OO
°
0
~ CO
~ o
o
vrn o
o
rnrn o
°.~
Q ~ = u
i
~ a N N ~~ N N M M
O
.` _
~ CII
V
tL ~
Q
'~ U
_ N
(, O
. N
L
O
o ~
~ (O
~
y M W
~ ~
CO
~
~ _~
O e O
O O C~ ~ (O ~
r CO O
{"^ ~
~ w e- ~
Q ^
O ,
V!
vi ~ (~
~ (n ~ O
~
U Z U A W L Z~ a
zw a
'S ~~ ~ ~-
u w
o w
~ v
i
rnrnrn Uv pcy5 ~a~ O
O O O O J
~ rn rn ~ rn rn H~ U o rn a N rn rn ~ ~
(O CO ~ .`-.~ ~ ON N 2 ON N a~ ON N O 00O ZJ Z
NNN 7 V Q}vi ~}sti UZ 3v r- U A Q
.
000 C
m J N~ ~ W N~~ ZW NN
a N
m
••~ M
N N
N D
Q Z
S Z Nn n N~ti Q
C ~ o o o o m ~ Z o o a Z o o ~~ ~
~ i ~ o° °o o° o 0 0
~ ~ N eal °o °o °o °o °O o°
m r, o
O ,
rn
p
w ~~ ~
ca ~ t70
.. N M
N ~
~ ~
N p n
~ a
tU
•N
0 C
'
~ ~
,
r'
_..
O
~
O •• O -•
Q
.~ U ~
fa III ~ Q - N M
~ ~ d -
,
d'
~
Cfl
v a ~
n ~ ti
~ ~ w
N N
O O
h Y!
T
Q~
ti
N
w
7 m
3
e !0
>
o
~ ~ ~ e
V o a
> Q W Q U
~ ~ 0 O O ~
N N
C1 U
.N. Q 'D
> y N d
d
Q o m ~
.~
> ~ ~ ~
N
~
O 'O Ol
jq
'c
ai ~
m ~
• A O
s c
E c
E 3 ~ ~
~
Q r-% CO o
7 N
C ~.
J y
N
•a T
c0 ~
• fA
•= m
i
~ ~+ U ~ O Cf
a ~ o °- ~ m
Q ~ N ~ O
~ N N
w Q 4i
E 3 O
~
~
tq
n O
E U
y t6
t
~' =
m~
}• 3
c
c w o ~
c
®
o-
rn
c
o ~
~ °
m i ~
u
~
~ m a
i L ~
m m ~
o
U ~
U ~ N
O ~
~ E a
d+
Q
f0 j 0
~
N r
d
C
N w to Q
N ~ 10
t/7 r.
f0
~ O
rn Uj E
E a~ . to
O > ~
~
~ c
~ o
a .~
o
o Vj
m W ~
~
c -o m y N ~ e c
~ c
m
~ •c
° ~ m
~ w O
o N
m v :
.
o r i
a
~ ai
•= ~
E
U N U ~
O_ a
i
N p- rA O
® ~ O
C 0
~ j
L ~O ~ C
Q C
• (d O = ~
E N
p M
W
v
C O ~ ~ C N d .m
7 ~ ~ ~ O C V y
~
O
U tq
C =
~ U
~ f6
~ .~N. ~ a
m
Q ~ • ~ ~ 'D
~, ~; N
3
~ 7 ~
U O ~ p 7 ~
~ d
~ 7 ~ ~ O ~ U ~ C
rn E
N m
E c U
~ ~; ~
~
C
m
~
o m
~
o C
~ (0
c~ ~
w a
Q t0 U •• E l0 p ~ _
L~
N Q .C p h S E ~ a O
f
0 ~
V ~
Q ~
X C
~° O
~ N
cyS O
a~i w ~ A
°-'
o c
o w? ~c
~ E t
u, o m ¢ c
~ o a
a
O U m
~ C o
~ ~ E ~ U 7 C
.
N Q O ~ L - L
N U D)
C ~
~ ~ N
N
f6 C N O T ~~ C •C Q ~ ~
t6 N 'O ~ J U O +N' ~ ~ O rC
N m
U ~ fC ~ ~ f0 7
O
`~
N~
C y E ~ ~ C L
_N
N~ O ~ L
0 C C
E ~
~ N U
c C a
'
N
2 ~ •a d m o a
i
m lC C
m O m T ~. w O
~
~ Y a ~
o
m
•v o
c
c
V N N~ ~ fT0 ~ ~ •C O C
N ~
~ ..
.
N >.
c ~
~ O
tpi ~ t4 ~ A J
O O 'O O , U N ~ ~
C
V
.N-.
Z
p
E
N
N c
f0 ~
~.
t
N
N N
}' N
`
O ~
N
D O
~ cn U
~ _
Q Q N
li ~ U Q ~ ~~
OCT. 19, 2009 4:33PM
C~tizen~s ~an~°
Account Number
Account Titie
Date eued
Account Type
principal Balance as of DOD
Interest from Last Posting to DOD
Account $alan~ce as of DOD
YTD Interest to DOD
~ _~
N0. 531 P. 3
6210222734
R C.~IRRICATO EUGENI.A T C,ARRICATO
7/7/2005
$4218,96
$ 00
$4218.96
$ .00
Aug. 27. 2009 1'.08AM PNC BANK 412-705-2747
a ~~
~EIUDING THE WAY
August 27, 2009
Elyse E Rogers
Keefer Wood Allen & Raha1
635 North 12~ St Ste 400
Lemoyne, PA 17043
RE: Joseph R Carricato
SSN: 172-O1-2334
DOD: 07-26-2009
Dear IVIs. Rogers:
No. 8420 P. 1/1
Iu response to your request for bate of Death DOD) balances for the customer noted above, our
records show the following:
Checkng Account
Account # 5004016328 ~ Established: 08-09-2002
JOSEPH CARRICATO
DOD balance: $ 1,100.13 non interest bearing
Please note that this office provides date of dearth balances for deposit accounts (IltAs, CDs, Checking. and
Savings). We do not process sny Snnncial transactions or provide statements. If you weed assistance with
any of these items, please call 1-888-PNC-BANK {1-888-762-2265) or stop by your local PNC Bank branch
office.
Sincerely,
National Financial Services Center
PNC Bank, N.A.
Member FDIC
n___ ~ _r~
OCT, 19, 2009 4; 33PM
C~tize~s B~n~°
N0. 531 P, 4
v
~ o
v
~
~
m
'- O y ~ O
c v,o~
'- s ~ ..` ~ ~ ~'
o <~ rv .. a O N
o ~ o o ~ w y ap ~ ~ "
?
0 ,
0 ,,
0 0 0 0 ~ y N a-N
° ° ° ° ° o l
<p N ~
' '
o o o o o o m
~ W ~ ' '
~
D ~~
m r o oZ'o
~ ~~ ~ 0 oZpao
~~~ mZ ooZ2
~~cD m 0 oZD
~ ~m r p f/1
t N
W
N ~N ~ r
N N~ TI -~
N N~ ~
N N~ n ~p
D
N n 000
V v -~J
G1
_ =~D ~ ~~c~
~ ~~'< c7
D ~? Cn
< ~ A D
~
~ ~ C ~-~
N
rnrn
Z ~ ~ oOOO~,~ O
°o °o~'~' °ooo~m oo°o,
~-~ ~~ c\
O
3~ caco~~ cocD~~,~ cocn~'< co coCnr O OO O
~ n~ n D n O n n ~ ~~ m
p x-D ~~~ ~~ ~m
~ m ~ D
Z -I
~
~ i Z
a n~i n -~ a~i -
f w fn
O ~rn
m w ~cn-
m~< ~~
m
~ ~v
m y
~ ~ ~o i
n
~ D
~ m ~°
° 00 v
~ n
rn c m ~
~ rn o
O ~ N ~
O \ ~ v CWD
N
07
~ '-'
A
rn
ca m
~ o
~
tii
~ ~
N
O
N
Do
W W A A O- _~.. N N
0 0 0
O O O H
0
O O
0 0
-
W. N A~ O O N N
O
r
v~ ~w ~"' A A ~ ZEN N
O
O O O 00 O O W ~ L'J ~ C
p
p
O O 0 0 O O 0 0 Q Z
C ~~ (gyp N
22 22 22 2 2 a' O
rr-
r~
r~
~r
~ O<
"'a C
"a
o D~ ~
D 3 ~ o n.
W
A
O a o
y ~ ~ C
O a.
`<
A_ 00 O N
<T •* ~.
K .
-.
~ fTl
(Ti N ~ p ~ 3 N ~
O O O O ~ 0 v N
~ ~ ~ n fl1
fl1
fD .n Q°
v ~~
D
n
h ~ -
-I c~
i
p _
~
o a ~ ~
m ~
N ^* CA
C7 ~.
~
~ ~
~ ~
n
-' W O N ~ m
~
~ N
w (J7
~
~
O
W c0 / U1
O / O
N D
,O c
0
01 O1 ~
C
U7
O ,/ O
~
~ ~ ~
2
A_~
/•
~_
o v
~,
d ~
o
0 0
0 ~
v ~
~_
_~
0
3
3
'3
O
x
Y p M I M y
,
((
~~
C 7 d R ~ .A. ~ v r
1 ~ n
9 ~ r a .
.
I
n
A
~
b
I H N
r 0
n " N O
p p b
'D N
m J
m y
n i n
a J It
n r I
O
.o n
i ro m
J
ID P( W a
10 b
b m
W N
O b I
1p I O J
G m u ~, m n m m l o
I U
ki O M V J
• ro u ~ m
1 b m
I'~<p
w r 7~
/
~~'a n m a i
J I y~y<
~ m N UI 1 t'1 m
G O m 0 r 1n A i 0\
LL 11
N~ D a O W I
U b 1
y
O ~ p o o
ro
m a
~' M ~ 41Y .Z~ Y i
n a ~ a
`~ m m n
m m I
a O K I
R w ~~ d
M O m 1 e
9
G J
y Z O
y ~byi (q 1 (?]!
~ ; ^
y
N A
b
M "' °
y
u hhhppp
~ y
Y i D
x
w
o ro i
1! m M1
tg ~ Y
y
N
1 M
q 4„ ~ i O x Y
n 0
a
' I
i 1y p y
d l9
~ d
. n
W
~ ~
l
~
Y
O b
a a~
J I~
J
~
~ %
\ J
\ J J
\\ 717
I
\ 1 H H pl m
a W
r
~y
Q 0 A J A A I L9 ~ 0
1 p na
nH ' p
, Y H
1 i M
IC
m ~ A A 1 90 Q] Pl
m Ip A 1 ~ \
~ ~ V
a ~,O U
m< O O 1 ~ ~
H n
I
m 7
yy 4
O N
m
m i
~
p N x
'
H r W o o r i S
d o
Nfx1
°
J n
m
°
i
~
' 0
0 I
n
0 rU
0 o
bl
y
a ,d
o
0 0
0 0 0 1 d
0 1
0 ~ I
~
n
r
W
000 I
r I
~.V
Y ~
oo
tJi1
1O1
m
m+ (n
1
o i
N
•
o
°
n
l
J
0
0 ~9
o
I
1 o
0 o
0 i1
c
0
000 0l
X
I i
I
~ 1 1
1 1 m
M N I N I
O O I
N r I
!}
a
O
OI I OI I
V1 J
N ~
1 AC
J I C
H
~
Y I A I
O
W
OI t
F]~
d l f~
~ W d
W I W I In Y1 b I
a 1 1
1 1 tl Y
1
1 1 H n
1 (~
1
1
1 1 \ ',O
1
Q
O I ~
1
I
O I j y
b ~ Z' Q 1 n C9j
M 0
~ O
l9 1
1 1
1 dddJJlt
N
i r
GENERAL PARTNERSHIP AGREEMENT
AGREEMENT made this day of 20 by and
between JOSEPH R. CARRICATO, JR., JEANNE M. LAFFERTY, MICHAEL T.
CARRICATO, JULIUS F. CARRICATO, ANGELA MARIE CARRICATO, MARY
ELIZABETH SANTANNA, PATRICIA A. CARTER, TIMOTHY T. CARRICATO,
THOMAS T. CARRICATO and JOHN CARRICATO, all adult individuals.
Intending to be legally bound, the parties agree as follows:
ARTICLE I -ORGANIZATION OF PARTNERSHIP
1.1. Name. The Partners declare themselves to be associates as a
general partnership under the name "CARRICATO FAMILY PARTNERSHIP".
1.2. Principal Office and Place of Business. The principal office and
place of business of the Partnership will be 6455 Oak View Drive, Harrisburg, PA
17112. The Partners may specify other location(s) by Agreement.
1.3. Term. The term of the Partnership began on November 1, 2004,
is memorialized by this Agreement and will terminate December 31, 2015, unless
extended by agreement or unless the Partnership is sooner terminated or dissolved
in accordance with the provisions of this Agreement or by operation of law.
1.4. Other Business of Partners. Except as otherwise specifically
provided in this Agreement, nothing in this Agreement will be construed to prohibit
the Partners, or either of them, from carrying on any other business or trade,
whether alone, with each other, or with third persons, provided that the other
business is not similar to or in competition with the business of the Partnership.
Neither the Partnership nor the Partners will have any right by virtue of this
Agreement in or to any similar non-competitive independent venture of either
Partner or to the income or profits derived from that venture.
1
1.5. Scope of Authority. Except as otherwise expressly provided in
this Agreement, no Partner has any authority to act for, or to assume any
obligations or responsibilities on behalf of, the other Partner or the Partnership.
1.6. Partners. The terms "Partner" and "Partners" as used in this
Agreement shall refer to the parties and, to the extent permitted by this Agreement,
to any successors in interest admitted as partners.
ARTICLE II -PURPOSE AND BUSINESS
2.1. Purpose of the Partnership. The purpose of the Partnership is
to invest in such assets as are agreed upon from time to time by the Partners.
ARTICLE III -CAPITAL CONTRIBUTIONS AND PARTNERSHIP INTERESTS
3.1. Initial Capital Contributions. Each Partner has, as of the date
of this Agreement, a capital account equal to ten percent (10%) of the total capital of
the Partnership.
3.2. Additional Capital Contributions. The Partners shall make
additional capital contributions at such times and in such amounts as a majority in
interest of the Partners shall agree. Additional capital contributions shall be made
by each Partner in proportion to the capital interests as set forth on Appendix "A" of
each in the Partnership unless the Partners unanimously agree otherwise in
writing.
3.3. Additional Partners and Capital Contributions. Without the
consent of all Partners, no additional person may be admitted as a Partner.
3.4. Return of Capital Contribution. Except as otherwise specifically
provided in this Agreement, no Partner shall be entitled to demand or to receive the
return of his or her capital contribution.
2
3.5. Cauital Accounts. An individual capital account shall be
maintained for each Partner. The capital interest of each Partner shall consist of
that Partner's original capital contribution increased by (i) that Partner's additional
contributions to capital, and (ii) any credit balances transferred from that Partner's
drawing account to that Partner's capital account, and decreased by (a)
distributions to that Partner in reduction of that Partner's Partnership capital and
(b) that Partner's share of Partnership losses if charged to the capital accounts of
the Partners. Capital account balances shall not bear interest unless otherwise
agreed in writing by the Partners.
3.6. Drawing Accounts. An individual drawing account shall be
maintained for each Partner. All withdrawals by a Partner shall be charged to that
Partner's drawing account. Withdrawals during the year shall be limited to the
amounts as the Managers shall determine from time to time. Each Partner's share
of any Partnership net loss shall be charged to that Partner's drawing account,
unless the Partners by a majority vote agree to charge the loss to the capital
accounts of the Partners. Each Partner's share of Partnership profits shall be
credited to that Partner's drawing account. The Partners may determine by
unanimous vote to transfer to Partnership capital all or any portion of the credit
balances in the drawing accounts of the Partners. Any amounts transferred shall
be in the proportions of the Partners' interests in profits or losses of the
Partnership.
3.7. Balances in Drawing Accounts. A credit balance in a Partner's
drawing account shall constitute a liability of the Partnership to that Partner; it
shall not constitute a part of that Partner's interest in the capital of the
Partnership. A debit balance in a Partner's drawing account, whether occasioned
by drawings in excess of that Partner's share of Partnership profits or by charging
that Partner for a share of Partnership loss, shall constitute an obligation of that
Partner to the Partnership; it shall not reduce the Partner's interest in the capital
of the Partnership. The debit balance in the drawing account of a Partner shall be
treated as a loan by the Partnership to the Partner and shall bear interest at the
3
rate of six (6%) percent per annum. The debit balance shall be repaid to the
Partnership on demand of any Partner.
ARTICLE IV -PROFITS AND LOSSES
4.1. Allocations- Determination of Profits and Losses. Each item of
income, profit, gain, loss, deduction, credit and other items of tax significance shall
be allocated to and shared by each Partner equally. Profits and losses shall be
determined in accordance with the accounting method followed by the Partnership
for federal income tax purposes, except that any adjustments made pursuant to
Section 743 of the Internal Revenue Code of 1986, as amended, shall not be taken
into account. Every item of income, gain, loss, deduction, credit or tax preference
entering into the computation of such profit or loss, or applicable to the period
during which such profit or loss was realized, shall be considered allocated to each
Partner in the same proportion as profit and loss are allocated to that Partner.
4.2. Salaries and Distributions. Unless otherwise agreed by all
Partners, no Partner shall receive from the Partnership any salary or other
compensation for services rendered as a Partner to the Partnership. Profits from
the Partnership may be distributed from time to time as agreed by a majority in
interest of the Partners. All distributions shall be made to each Partner in
accordance with that Partner's share of profits or losses.
ARTICLE V -MANAGEMENT OF THE PARTNERSHIP
5.1. Management. The overall management and control of the
business and affairs of the Partnership shall be in the Partners collectively. Except
as otherwise specifically provided in this Agreement, no Partnership action shall be
taken unless approved by the Partners having a majority in interest in the profits
and losses of the Partnership.
5.2. Responsibilities of Partners. The Partners shall devote so much
of their time to the business of the Partnership as shall be necessary for the
4
efficient carrying on of Partnership affairs. Each Partner shall cooperate with the
other in achieving Partnership goals.
5.3. Mana ers. The day to day operations of the Partnership shall
be supervised and conducted by TIMOTHY T. CARRICATO and JOSEPH
SANTANNA as Managers. The Managers shall manage, or cause to be managed,
the affairs of the Partnership in a prudent and businesslike manner and shall
devote so much of his time to the Partnership affairs as is reasonably necessary for
the conduct of its affairs. No Manager shall be required to devote his entire time or
attention to the business of the Partnership, and no Partner shall be restricted in
any manner from participating in other businesses or activities, subject to the
limitations set forth in Article I, Section 4.
5.4. Liability of Managers. The Managers shall not be liable to the
Partnership or to any other Partner for any actions taken in good faith and
reasonably believed to be in the best interests of the Partnership; provided,
however, that the Managers shall be liable for willful misconduct, gross negligence,
and any breach of his fiduciary duties.
5.5. Reliance on Act of Managers. Third parties dealing with the
Partnership shall be entitled to rely upon the power and authority of the Managers
for all transactions in the. ordinary course of business. Any business entity called
upon to transfer any property to or from the name or account of the Partnership in
the ordinary course of business shall be entitled to rely on instructions or
assignments signed or purporting to be signed by the Managers.
5.6. Unanimous Consent. Notwithstanding any other provision to
the contrary, the unanimous consent of all Partners shall be required for any and
all of the following:
(a) The pledge by a Partner or the encumbrance or transfer
by a Partner of his interest in the Partnership; or
5
(b) Liquidation or dissolution of the Partnership, prior to the
death of the survivors of Joseph R. Carricato and Eugenia T. Carricato.
ARTICLE VI -TRANSFER OF PARTNERSHIP INTERESTS.
6.1. Transfer of Partnership Interests• Assi meat. Except as
provided herein, no Partner may assign, pledge, transfer or hypothecate his or her
interest in the Partnership without the prior written consent of the other Partners.
The right of any person, firm, corporation or any other entity claiming by, through
or under any party hereto (including, but not limiting the same to judgment or
other creditors, receivers, trustees, assignees, garnishees, executors,
administrators, etc.) to assert any claim against the right, title or interest of any
Partner shall be limited solely to the right to claim or receive after the distribution
of cash receipts to the respective parties has been completed, and then, only subject
to the equities of the other parties as set forth in this Agreement.
6.2. Death or Withdrawal. No Partner may withdraw from the
Partnership. Upon the death of a Partner (the "Deceased Partner") the interest of
the Partner shall vest in his or her then living issue, per stirpes, without any action
on the part of any person.
ARTICLE VII -PARTNERSHIP MEETINGS
7.1. Meetings. Meetings of the Partners shall be held from time to
time as may be necessary for the conduct of the Partnership business. The Partners
may, at any meeting, fix the date and place of the next meeting of Partners and
record the same in the minutes and no further notice thereof shall be required.
Additional meetings of the Partners may be called by any Partner by five (5) days'
prior notice to the other Partner(s) given in writing and delivered or deposited in
the United States Mail, Certified Mail, return receipt requested, postage prepaid.
Any Partner attending a meeting of the Partners in person shall be deemed to have
waived notice of that meeting.
6
ARTICLE VIII -DEFAULT
8.1. Events of Default. Each of the following events shall be an
Event of Default by a Partner:
(a) Failure of a Partner to make when due any contribution
or advance required to be made under the terms of this Agreement and
the continuance of such failure for a period of ten (10) days after
written notice thereof.
(b) Violation of any of the other provisions of this Agreement
and failure to remedy or cure such violation within ten (10) days after
written notice thereof.
(c) The making of an assignment for benefit of creditors or
the filing of a petition in bankruptcy.
(d) The filing of a petition by or against any Partner
under any Federal or State bankruptcy, liquidation or insolvency
statute or other debtor relief legislation, provided that in the case of a
petition filed against a Partner, such petition is not dismissed within
ninety (90) says after its filing or the Partner against whom such
petition is filed in unable to provide the remaining Partners with
adequate assurance that the filing of such petition will not have a
material adverse effect on the Partnership.
(e) The appointment of a receiver for all or substantially all
of the assets of a Partner and failure to have such receiver discharged
within thirty (30) days after appointment, or an assignment by a
Partner for the benefit of his creditors.
7
(~ Any attempted transfer of the Partnership interest of a
Partner other than as specifically permitted by this Agreement,
including a transfer incident to a divorce.
(g) The bringing of any legal action against a Partner by a
creditor, resulting in litigation which creates a real and substantial
risk of involvement of Partnership assets which may result in financial
detriment to the Partnership or result in such creditor, or its assigns,
succeeding in or to all or a part of the interest of such Partner in the
Partnership.
8.2. Notice of Default. On the occurrence of any Event of Default,
any Partner may notify the defaulting Partner by certified mail addressed to his
principal place of business or last known address that he is in default under the
terms of this Agreement and that he has ten (10) days to cure the default. While
the default is continuing, the defaulting Partner shall have no right to vote in any
matter of Partnership business, and the defaulting Partner's interest in the
Partnership shall be disregarded in determining whether a requisite percentage in
interest of the Partners have consented to a particular Partnership action.
8.3. Effect of Failure to Cure Default. Upon the failure of the
defaulting Partner to cure an Event of Default within the ten (10) day period, the
remaining Partner, shall have the right, but not the obligation, either to purchase
the interest of the defaulting Partner, as if the defaulting Partner had withdrawn
as of the occurrence of the Event of Default, or to terminate and liquidate the
partnership.
8.4. Liabilities. No assignment or transfer of the interest of a
defaulting Partner shall relieve the defaulting Partner from personal liability for
outstanding indebtedness, liabilities, liens, and obligations relating to the
Partnership which may exist on the date of the assignment or transfer.
8
ARTICLE IX -DISSOLUTION MECHANICS
9.1. Liquidation. Upon the termination or dissolution of the
Partnership, the Managers shall sell and collect the assets of the Partnership and
wind up its affairs. Except as agreed by the Managers, no Partner shall have the
right to act for or on behalf of the Partners after dissolution.
9.2. Liauidating Partners. The Managers shall be the Liquidating
Partners.
9.3 Compensation. The liquidating Partners shall serve without
compensation, but shall be reimbursed for all expenses (including reasonable
attorneys' fees incurred in successfully defending their right to act as liquidating
Partners) incurred in winding up the affairs of the Partnership.
ARTICLE X -BOOKS, RECORDS, ACCOUNTS
10.1. Fiscal Year. The fiscal year of the Partnership shall be the
calendar year.
10.2. Books and Records. Complete records and books of account shall
be kept and maintained in the office of the Partnership according to generally
accepted accounting practices. Each of the Partners shall be entitled at any
reasonable time to examine such books and records in person or by agent and to
make copies or excerpts therefrom. '
10.3. Accountine. As soon as practical after the close of each fiscal
year, the Partnership shall obtain at Partnership expense a complete operating
statement prepared by an independent certified public accountant. The operating
statement shall show all usual operating data for the Partnership for the preceding
year in accordance with good accounting practice. The operating statement need
not be audited or certified except at the request and the expense of a Partner. Each
Partner shall receive a copy of all operating statements as soon as it shall be
9
available. Each Partner, at the expense of that Partner, shall upon request, receive
copies of all reports and communications recorded by the Partnership.
ARTICLE XI -GENERAL PROVISIONS
11.1. Indemnification. Each Partner shall be indemnified by the
other Partner(s) and held harmless against and from all claims, demands, actions
and rights, including reimbursement for reasonable legal fees and costs, which shall
or may arise by virtue of anything done by -that Partner outside the scope of, or in
breach of the terms of this Agreement. The Partner against which indemnity is
sought shall be promptly notified of the existence of the claim, demand, right or
action and shall be given reasonable opportunity to participate in the defense
thereof. However, failure to give notice shall not affect a Partner's indemnity
obligations under this Section, except to the extent of any actual prejudice to that
Partner resulting from failure to receive notice.
11.2. Equitable Relief. Each Partner acknowledges and agrees that
the remedy at law for any breach of any of the terms of this Agreement would be
inadequate. Each Partner agrees that temporary and permanent injunctive and
other equitable relief may be granted in any proceeding which may be brought to
enforce any provision of this Agreement, including with such other equitable relief
specific performance, without the necessity of proof of actual damage or inadequacy
of any legal remedy. This provisions shall not be construed to limit the right of any
Partner to seek or obtain a remedy at law.
11.3. Construction. Wherever the context so requires, the feminine
gender shall be substituted for the masculine, the masculine for the feminine or the
neuter for either; the singular shall be substituted for the plural and vice versa.
Paragraph headings are for convenience only and do not constitute a part of this
Agreement.
11.4. Notices. All notices or other communication pursuant hereto
shall be in writing and, unless otherwise specifically stated herein, shall be deemed
10
given when delivered or deposited in the United States Mail, Certified or Registered
Mail, return receipt requested. Rejection or other refusal to accept notice or the
inability to deliver mailed notice because of a changed address of which no notice
was given shall be deemed to be receipt of notice. Until changed by appropriate
notice to the Partners, notice shall be addressed to the Partners at their addresses
as recorded on Appendix "A".
11.5. Binding Agreement. This Agreement shall inure to the benefit
of, and be binding upon, the Partners and, to the extent permitted by this
Agreement, to their successors and assigns.
11.6. Entire Agreement. This Agreement contains the entire
understanding among the parties. There are no representations, agreements,
arrangements, or understandings, oral or written, between and among the parties
hereto relating to the subject matter of this Agreement which are not fully
expressed herein.
11.7. Amendment. This Agreement may be amended only by a
writing signed by all of the Partners.
11.8. Governin Law. The Partnership and this Agreement shall be
governed by, and construed in accordance with, the laws of the Commonwealth of
Pennsylvania.
IN WITNESS WHEREOF, the parties hereto have hereunto set their
hands and seals the day and year first above written.
Witness
Witness
JOSEPH R. CARRICATO, JR.
JEANNE M. LAFFERTY
11
1
Witness MICHAEL T. CARRICATO
Witness JULIUS F. CARRICATO
Witness ANGELA MARIE CARRICATO
Witness MARY ELIZABETH SANTANNA
Witness PATRICIA A. CARTER
Witness TIMOTHY T. CARRICATO
Witness THOMAS T. CARRICATO
Witness JOHN CARRICATO
12
APPENDIX `~~"
CARRICATO FAMILY PARTNERSHIP
The names and address of the Partners, and the respective capital account of each
Partner as of November 1, 2004 is:
Name ,_ ~_,-,,!~ ~ Percentage
and Address: ~ Interest:
~y~=-..
JOSEPH R. CARRICATO, JR. Ten (10%)
~,~~a~.~ ~~ ~ ~O zG~°
JEANNE M. LAFFERTY Ten (10%)
~~,,~~'
MICHAEL T. CARRICATO ~ °
Ten (10 /o)
~; ~
~~j
JULIUS F. CARRICATO Ten (10%)
~ .~[d./ ' u ' E
ANGELA MARIE C,ARR~ ,Q~r'LL) ~ Ten (10%)
`/~J ~~ /
MARY ELIZABETH SANTANNA Ten (10%
6455 Oak View Drive %~~ ~~jf~,~~~ ~~y~ ~~~
Harri~'burg, PA 17112 ``~~
PATRICIA r1. CARTER r-, -y Ten (10%)
-'~~%(;Gc.~~~ ~.. ~~-ti~i'.(.. +~~, r~ ..v GCS
TIMOTHY T. CARRICATO ~ Ten (10%)
. APPEI~TDIX "A" (continued)
' CARRICATO FAMILY PARTNERSHIP
The names and address of the Partners, and the respective capital account of each
Partner as of November 1, 2004 is:
Name
and Address:
THOMAS T. CARRICATO
~--~_
JOHN CAR/R~ICATO~--~
Percentage
Interest:
Ten (i0%)
Ten (10%)