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HomeMy WebLinkAbout03-16-10150560712D REV-1500 EX (06-05) OFFICIAL USE ONLY PA Department of Revenue County Code Year File Number Bureau of Individual Taxes INHERITANCE TAX RETURN 2 1 0 9 119 7 PO BOX.280601 Harrisburg, PA 17128-0601 RESIDENT DECEDENT ENTER DECEDENT INFORMATION BELOW Social Security Number Date of Death Oate of Birth 204 01 1409 12 19 2009 05 18 1918 Decedent's Last Name BIERI (If Applicable) Enter Surviving Spouse's Information Below Spouse's Last Name Spouse's Social Security Number FILL INAPPROPRIATE OVALS BELOW X^ 1. Original Return 4. Limited Estate g Decedent Died Testate (Attach Copy of Will) Suffix Decedent's First Name MI SUZANNE B Suffix Spouse's First Name MI THIS RETURN MUST BE FILED IN DUPLICATE WITH THE REGISTER OF WILLS 2. Supplemental Return ~ 3. Remainder Return (date of death prior to 12-13-82) qa. Future Interest Compromise ~ 5. Federal Estate Tax Return Required (dace of deem aver 1z-,z-sz> ~ Decedent Maintained a Living Trust 8. Total Number of Safe Deposit Boxes (Attach Copy of Trust) 9. Litigation Proceeds Received ~ 10. beMreeni2-31 91 andit;datge5;f death ~ 11.Election to tax under Sec. 9113(A) (Attach Sch. O) CORRESPONDENT -THIS SECTION MUST BE COMPLETED. ALL CORRESPONDENCE AND CONFIDENTIAL TAX INFORMATION SHOULD BE DIRECTED TO: Name Daytime Telephone Number RICHARD W. STEWART (717) 761 4540 ra .--~ Firm Name (If Applicable) JOHNSON DUFFIE First line of address 301 MARKET ST. Second line of address PO BOX 109 City or Post Office LEMOYNE Correspondent's a-mail address: REGISTER~~LLSUS_~,ONLY;-'; ' ~.:~ -13 :~~- '~ r ~ 1--~-• C"'7 ., -', t -'~ ~ _- °~.. ' _'~ :~: _. - ~: - - . ~: f rw„1 ~~~ ~ c,~ D/k~ FILED State ZIP Code PA 17043-0109 __,~ ---~ .~` t ~:.:Y :4 t - -~ _} ,; _; , C'" _) r'r~ Under penalties of perjury, I declare that 1 have examined this return, including accompanying schedules and statements, and to the best of my knowledge and belief, it is true, correct and complete. Declaration of preparer other than the personal representative Is based on all information of which preparer has any knowledge. SI ATURE OF PERSON RE ISLE FOR FILING R TURN DATE r~,,,~,~A ,B ~t~~y~, RAMSEY B. DAVENPORT ~~. ~~ii,.~o~-®f (~ 5511 RIVER ROAD, HARRISBURG, PA 17110 SIGNATURE OF PREPARER OTHER T RESENTATIVE DATE = 'j ~ RICHARD W. STEWART ~ ~jla ADDRESS 301 Market St., Lemoyne, PA 17043-0109 Side 1 ~, 1505607120 1505607120 J 1505607220 REV-1500 EX DecedenPs Name: $ U Z A N N E B. B I E R I Decedent's Social Security Number 2 0 4 O 1 1 4 0 9 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. 455,621.84 5• Cash, Bank Deposits & Miscellaneous Personal Property (Schedule E) ................ 5. 6. Jointly Owned Property (Schedule F) ~ Separate Billing Requested ............. 6. 7. Inter-Vivos Transfers & Miscellaneous Non-Probate Property 7 8 7, 6 6 8. 9 2 (Schedule G) ~ Separate Billing Requested ............. 7. 1,243,290.76 8. Total Gross Assets (total Lines 1-7) ....................................................................... 8. 50,167.91 9. Funeral Expenses & Administrative Costs (Schedule H) ......................................... 9. 2,213.99 10. Debts of Decedent, Mortgage Liabilities, & Liens (Schedule I) ................................ 10. 52,381.90 11. Total Deductions (total Lines 9 & 10) ...................................................................... 11. 1,190,908.86 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. 1,190,908.86 TAX COMPUTATION -SEE INSTRUCTIONS FOR APPLICABLE RATES 15. Amount of Line 14 taxable at the spousal tax rate, or transfers under Sec. 9116 0 0 0 15. (a)(1.2) X .00 16. Amount of Line 14 taxable 1, 1 9 0, 9 0 8 8 6 16. at lineal rate X .045 17. Amount of Line 14 taxable 0 . 0 0 17. at sibling rate X .12 18. Amount of Line 14 taxable 0 0 0 18. at collateral rate X .15 19. Tax Due ............................................. ....................................................................... . 19. 20. FILL IN THE OVAL IF YOU ARE REQUESTING A REFUND OF AN OVERPAYMENT. 0.00 53,590.90 0.00 0.00 53,590.90 Side 2 1505607220 1505607220 REV-1500 EX Page 3 Decedent's Complete Address: File Number 21-09-1197 DECEDENT'S NAME SUZANNE B. BIERI STREET ADDRESS COUNTRY MEADOWS 4905 TRINDLE ROAD CITY STATE ZIP MECHANICSBURG PA 17050 Tax Payments and Credits: 1. Tax Due (Page 1 Line 19) 2. Credits/Payments A. Spousal Poverty Credit B. Prior Payments C. Discount 3. InteresUPenalty if applicable p. Interest E. Penalty 50,911.36 2,679.55 Total Credits (A + B + C) (1) 53,590.90 Total Interest/Penalty (D + E) 4. If Line 2 is greater than Line 1 + Line 3, enter the difference. This is the OVERPAYMENT. Check box 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, Enter the interest on the tax due. B, Enter the total of Line 5 + 5A. This is the BALANCE DUE. (2) 53,590.91 (3) (a> 0.01 (5) (5A) (5B) Make Check Pa~yya~ble to: REGISTER OF WILLS, AGENT '~.h~.'~~n'~~.~, ~~fc~i.~ 'I'mo;;. «.c ~.s..~:.~4 ~...~L:''?~~a'.. ,... _ .. PLEASE ANSWER THE FOLLOWING QUESTIONS BY PLACING AN "X" IN THE APPROPRIATE BLOCKS 1. Did decedent make a transfer and: Yes No a. retain the use or income of the property transferred :.................................................................................. ^ 0 b. retain the right to designate who shall use the property transferred or its income :.................................... ^ ^x c. retain a reversionary interest; or .....................:............................................................................................ ^ x d. receive the promise for life of either payments, benefits or care? .............................................................. ^ ^x 2. If death occurred after December 12, 1982, did decedent transfer property within one year of death without receiving adequate consideration? ............................................................:.......................................................... ^ ^x 3. Did decedent own an "in trust for" or payable upon death bank account or security at his or her death?......... ^x ^ 4. Did decedent own an Individual Retirement Account, annuity, or other non-probate property which ^ ^ contains a beneficiary designation7 ...................................................................................................................... IF THE ANSWER TO ANY OF THE ABOVE QUESTIONS IS YES, YOU MUST COMPLETE SCHEDULE G AND FILE IT AS PART OF THE RETURN. For dates of death on or after July 1, 1994 and before January 1, 1995, the tax rate imposed on the net value of transfers to or for the use of the surviving spouse is three (3) percent [72 P.S. §9116 (a) (1.1) (i)]. For dates of death on or after January 1, 1995, the tax rate imposed on the net value of transfers to or for the use of the surviving spouse is zero (0) percent [72 P.S. §9116 (a) (1.1) (ii)]. The statute does not exemat a transfer to a surviving spouse from tax, and the statutory requirements for disclosure of assets and filing a tax return are still applicable even if the surviving spouse is the only beneficiary. For dates of death on or after July 1, 2000: The tax rate imposed on the net value of transfers from a deceased child twenty-one years of age or younger at death to or for the use of a natural parent, an adoptive parent, or a stepparent of the child is zero (0) percent [72 P.S. §9116 (a) (1.2)]. The tax rate imposed on the net value of transfers to or for the use of the decedent's lineal beneficiaries is four and one-half (4.5) percent, except as noted in 72 P.S. §9116 1.2) [72 P.S. §9116 (a) (1)]. The tax rate imposed on the net value of transfers to or for the use of the decedent's siblings is twelve (12) percent [72 P.S. §9116 (a) (1.3)]. A sibling is defined under Section 9102, as an individual who has at least one parent in common with the decedent, whether by blood or adoption. Rev-t508 EX+ (6.98) SCHEDULE E CASH, BANK DEPOSITS, & MISC. PERSONAL PROPERTY COMMONWEALTH OF PENNSYLVANIA INHERITANCE TAX RETURN RESIDENT DECEDENT ESTATE OF (FILE NUMBER BIERI, SUZANNE B. 21-09-1197 Indude the proceeds of litigation and lha date the proceeds were received by the estate. All property Jointly-owned with the right of survivorship must be disclosed on schedule F. ITEM VALUE AT DATE NUMBER DESCRIPTION OF DEATH 1 Charles Schwab -Investment Account No. 1585-2392 -Date of -death value. (Copy 428,383.87 of Estate Valuation Statement attached.) 2 ~ Country Meadows -refund I 78.66 3 ~ PNC Bank -Checking Account No. 50-0366-7815 -Date of death -balance. I 27,159.31 TOTAL (Also enter on Line 5, Recapitulation) I 455,621.84 (If more space is needed, additional pages of the same size) Copyright (c) 2002 form software only The Lackner Group, Inc. Form PA-1500 Schedule E (Rev. 6-98) Rev-1610 EX+ (8.88) SCHEDULE G INTER-VIVOS TRANSFERS & MISC. NON-PROBATE PROPERTY COMMONWEALTH OF PENNSYLVANUI INHERITANCE TAX RETURN RESIDENT DECEDENT ESTATE OF FILE NUMBER BIERI, SUZANNE B. 21-09-1197 This schedule must be completed and tiled if the answer to any of questions 1 through 4 on the reverse side of the REV-1500 COVER SHEET is yas. ITEM NUMBER TI F R P INCLUDE NAME OF TRANSFEREE, THEIR RELATIONSHIP TO DECEDENT AND THE DATE OF TRANSFER. ATTACH A COPY OF THE DEED FOR REAL ESTATE. DATE OF DEATH VALUE OF ASSET % OF DECD'S INTEREST EXCLUSION (IF APPLICABLE) TAXABLE VALUE 1 Agreement of Trust of Suzane B. Bieri dated 156,781.80 156,781.80 Septembe 11, 1995 -restated on May 25, 2000 - consisting of real estate located at 18 s. 17TH Street, Borough of Camp Hill, Cumberland County, PA (Deed Book 160, Page 544) Assessed value - $124,430 x clr factor of 1.26 = 2 Agreement of Trust of Suzanne B. Bieri dated 620,059.82 620,059.82 Septemer 11, 1995 - -restated on May 25, 2000 consisting of Charles Schwab Investment Account No. 40491436 -date of death balance. (Copy of Estate Valuation Statement attached) 3 Commonwealth Annuity -Policy No. 0994381 - 10,827.30 10,827.30 Beneficiary: Estate of Suzanne B. Bieri TOTAL (Also enter on Line 7, Recapitulation) I 787,668.92 (If more space is needed, additional pages of the same size) Copyright (c) 2002 form software only The Lackner Group, Inc. 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Yr U~ w~ ~~ ~ ~ ~~ ~ ~ ~~ . ~~a ~~ r ~ ~ ~ ~- ~,~ ~ ~- M„ ~tl Kd3 ~ 0. r' W a ~ } ~~~ Q~ °~~~~a ~~~,~ ~~ ~~ <~ ~ ~a n a o 8 CV 0 M am Q O ~ O tV i'i Y-1 //~~{{ OM ., 1!~ CY.~; ~ ~ Dy ~ 00 {r fS1 ~ v ~ ~ ~ r ~ ~~ ~ ~~ 1M `. ~ ~ ~ ' ~: ~ dy N 6 l+i 6 w '7t M C ~ yyy ~ gV ~ V ,~... ~ do6i ~ ~ "t Or ©~ o ~~ ~. ~ F' ~~ ~` 7 U ~~ ~ ~ ~~ ~- ~ g ~~ ~ , - t.. s a ,~ o ~ r ~- ~ ~~~~ ~ ' r ?y ..GV r ~ G]~ r od~~ 0 n ~ ~ W ~ ~ ~ fJ7~ N ~ Q ~i~ ~ r r ~ ~ ~~ ina~~~ ~u~ ~~ ~a~~x ~~ -~,-cs a~~ac~~a~a~ mt3~rs~ ~cnaa ~~ ~~ ~ ~!t ~ a ~ s 009957-00001/5.25.00/RWS/DCP/134117.1 ,~:~~~~~t~ri~ oaf ~x~u~~ ~~ ~u~tt~~t.e ~. ~t~e~t WITNESSETH: OO ISM WHEREAS, the Agreement of Trust of Suzanne B. Bieri dated September 11, 1995, reserved in the Settlor the right to revoke or amend the Trust in whole or part at any time and from time to time by written instrument; and WHEREAS, the Settlor has exercised ,that right by virtue of an Amendment to Agreement of Trust dated September 3, 1997, and a Second Amendment to Agreement of Trust dated September 30, 1999; and WHEREAS, the Settlor further desires to amend the Agreement of Trust by restating the Trust in its entirety. NOW THEREFORE, it is hereby agreed by the parties hereto that the Agreement of Trust is hereby restated in it entirety as follows: BY TffiS AGREEMENT, made this 11~' day of September 1995, and restated on this Z s't~ day of V"t ~-~/ , 2000, SUZANNE B. BIERI, of Cumberland County, Pennsylvania, as Settlor, hereby rT assigns, transfers, sets over and delivers unto herself as the initial Trustee and RAMSEY B. DAVENPORT as Co- Trustee, the cash, securities and/or other property, set forth in Schedule "A" attached hereto, and the said property, together with any other cash, securities and/or other property hereinafter added by the Settlor, shall be administered by the Trustee upon the terms hereof. If Suzanne B. Bieri should be unable to secure or to complete the administration of any trust hereunder, then DAUPHIN DEPOSIT BANK .AND TRUST COMPANY, with offices in Harrisburg, Pennsylvania, and Settlor's son, DAVID S. DAVENPORT, shall serve in her place. If either or both of RAMSEY B. DAVENPORT and DAVID S. DAVENPORT is ever unable or unwilling to serve or to continue so serving, no successor shall be appointed to serve in his or their place. The Trustee(s) shall serve as guardian of the property of any minor beneficiary hereunder. 009957-00001/5.25.00/RWS/DCP/134117.1 FIRST:DITRING SETTLOR'S LIFETIME A. Such of the net income and principal shall be paid to, or for the benefit of, Settlor or deposited in Settlor's account as Settlor shall direct from time to time. B. In the event of the incapacity of Settlor, the Trustee(s) shall pay to and distribute to Settlor and to Settlor's daughter, DEBORAH DAVENPORT, or apply directly for her or their benefit, so much of the income and so much of the principal as the Trustee(s) may deem appropriate for the welfare, comfort and support of Settlor and of Deborah, and to aid Settlor and Deborah in the event of any circumstance or condition affecting the Settlor wherein money is needed. ECO iTPON SETTLOR'S DEATH Upon the death of the Settlor, the principal and any undistributed income of this Trust shall be held or distributed as follows: A. One-third (1/3) thereof, and in addition the real property known and numbered as 18 South Seventeenth Street, Camp Hill Borough, Cumberland County, Pennsylvania, shall be held, administered and distributed as follows: 1. The Trustees shall pay as much of the income and principal, from time to time, for the benefit of the Settlor's daughter, Deborah, as in their discretion seems proper for her support, maintenance, and healthcare,. after taking into account the other sources of income, support and estate that are available to her. 2. Upon the death of Settlor's daughter (or at Settlor's death if her daughter should predecease her) to distribute the entire balance held hereunder in accordance with the provisions (then applied) of paragraphs (B) and (C) of this "SECOND" item, an equal share being allocated to each. B. One-third (1/3) thereof (together with such additional sum(s) as may pass hereunder in accordance with the provisions hereof) to Settlor's son, Ramsey B. Davenport, if he is then living, and if he is not, to his issue, per stirpes, and if no such issue is then living, to Settlor's son, David S. Davenport, if he is then living, and if not, to his issue, per stirpes, provided however, that if any such issue is then under the age of twenty-five (25) years, his share shall be held for him in a separate trust hereunder pursuant to the terms of "THIItD" item below. 009957-00001 /5.25.00/RW S/DCP/134117.1 C. One-third (1/3) thereof (together with such additional sum(s) as may pass hereunder in accordance with the provisions hereof) to Settlor's son, David S. Davenport, if he is then living, and if he is not, to his issue, per stirpes, and if no such issue is then living, to Settlor's son, Ramsey B. Davenport, if he is then living, and if not, to his issue, per stirpes, provided however, that if any such issue is then under the age of twenty-five (25) years, his share shall be held for him in a separate trust hereunder pursuant to the terms of "THIRD" item below. WHIR Y `` `NIINORITY AND DISABILITY PROVISIONS Unless otherwise provided for herein, any income or principal payable to any beneficiary who may be then a minor (for all purposes of this Trust, a minor shall be deemed to be a person who has not attained twenty-one (21) years of age or, who may then be, in the opinion of the Trustee(s), mentally or physically disabled), shall be held in a separate trust , by Trustee(s) during such minority or disability unless the trust share is sooner terminated as otherwise provided herein, said net income and/or principal may be accumulated or expended for the maintenance, support and education (including college and graduate studies) of such beneficiary, as Trustee(s), in their sole discretion, may determine. The Trustee(s), in the expenditure of income and/or principal for such purposes may, in their discretion, apply the same.to any person having care or control of said beneficiary, or with whom the beneficiary resides, without the duty on the part of the Trustee(s) to see or to inquire into the application of the funds by any person to whom any payment is so made. The balance of such income and/or principal shall be paid to said beneficiary when the disability or minority ceases or to said beneficiary's estate in the event of death prior thereto. FOURTH: PROTECTIVE PROVISIONS All principal and income shall, until actual distribution to a beneficiary, be free of the debts, contracts, alienations, torts and anticipations of any beneficiary, and the same shall not be liable to any levy, attachment, execution or sequestration while in the possession of the Trustee(s). FI NON-ACCRUAL OF INCOME All income not in actuality paid to a beneficiary before termination of such beneficiary's interest shall be treated as though it had not accrued ar~d become payable thereafter, likewise, no credit or accrual shall be made for taxes, commissions or other charges theretofore made against income. S1XT PAYMENT OF TAXES 009957-00001 /5.25.00/R W S/DCP/ 134117.1 All estate, inheritance, succession and other death taxes imposed or payable by reason of Settlor's death, and interest and penalties thereon, with respect to all property comprising Settlor's gross estate for death tax purposes, whether or not such property is a part of the principal of this trust and whether or not such property passes hereunder (exclusive, however, of any taxes, interest and penalties imposed or payable by reason of Settlor's death under Chapter 13 of the Internal Revenue Code of 1986, as amended, or the corresponding provisions of any subsequent laws), may, in the discretion of the Trustee(s), be paid out of the principal of this trust without apportionment or right for reimbursement from any beneficiary or recipient either under this Agreement of Trust or otherwise; provided, however, that (1) Trustee(s) shall pay the amount of Federal Estate Tax in Settlor's estate equal to the par value of all United States Government Bonds redeemable at par for the payment of Federal Estate Tax (commonly known as "Flower Bonds") held hereunder (if any); (2) all taxes, interest and penalties with respect to trusts established hereunder shall be paid out of the principal of the particular share held hereunder with respect to which such taxes are or may be imposed; and (3) any assets which are or become a part hereof shall not be available for the payment of such taxes if or to the extent that such assets would be otherwise not taxable for such tax purposes. Settlor authorizes Trustee(s) to pay such taxes at such time or times as may be deemed advisable. SEVENTH: .POWERS OF TRUSTEE(Sl It is contemplated (but not directed) that Trustee(s) (if other than the Settlor) will advise and consult with Settlor prior to implementing investment decisions hereunder. In addition to the powers hereinbefore provided and those given by law, the Trustee(s), and any additional, alternate or successor Trustee(s), without any order of court and in their sole discretion may: A. Hold and retain any property now or hereafter comprising a part of this trust, for such length of time as in their sole discretion they may deem wise, or sell any part thereof, without liability of any kind by reason of such retention or sale and invest and reinvest, alter, vary and change investments from time to time, in such manner and in such property, real, personal or otherwise, including any common or diversified trust funds maintained by, or stock of, any bank or trust company or any holding company or affiliate thereof and including United States Government Bonds, (commonly known as "Flower Bonds") which are redeemable at par value for the payment of Federal Estate Tax, as Trustee(s) may deem prudent, without being confined to what are known as legal investments under the laws of any state or jurisdiction; B. Repair, alter, improve, or lease, for any period of time (even for more than five (5) years) any property and given options for leases; 009957-00001/5.25.00/RW S/DCP/134117.1 C. Make distribution hereunder either in cash or in kind or partly in each, and cause any share to be composed of property different in kind from any other shares, without regard to the basis of such property; D. Purchase investments at a premium; E. Vote in person, or by proxy, all stocks or other securities held; F. Exercise any rights or warrants to subscribe for stocks or bonds or other allotments received by reason of securities held, or sell them for such prices as they may deem best; G. Deposit, surrender or exchange stocks or pay any assessments in connection with. any I reorganization or merger or similar proceedings as they may deem best; H. Exercise, after Settlor's death, any option, right or privilege granted in any insurance policy; I. Sell any real or personal property at public or private sale or give options therefor for cash or credit, without liability on the part of the purchaser to see to-the application of the purchase money; J. Borrow money from any person including any executor or trustee, mortgage or pledge any property and purchase assets from Settlor's estate at fair market value and loan money to said estate; K. Compromise claims, including any arising as a result of Settlor's death; L. Register securities in the name of a nominee in such manner that title shall pass by delivery; M. Employ attorneys, investment counsel, financial institution, accountants and agents in connection with the discharge of their duties, and determine and pay to them reasonable compensation; N. Conduct any business in which Settlor is engaged and which become a part hereof, for such periods as they may deem advisable with power to borrow money and pledge the assets of the businesses and do all other acts which Settlor, in Settlor's lifetime, could have done, including the incorporation or liquidation of any businesses, or delegate such powers to any partner, manager, or employee, without liability for any loss occurring therein; 009957-00001/5.25.OO/R W S/D C P1134117.1 O. Consult with the Executor of Settlor's estate in choosing date of death or optional valuation date for valuing property in Settlor's gross estate, whichever maybe deemed most advisable in minimizing the total tax burden on Settlor's estate. P. Consult with the Executor of Settlor's estate in electing to claim expenses and losses as deductions of Federal Income Tax purposes, or partly for each, as maybe deemed advisable; Q. Add to the principal of any trust created hereunder any property received from any person by Deed, Will or in any other manner; R. In the exercise of its discretion with respect to the use of principal for any beneficiary, Trustee(s) may take into account other property and income available to such beneficiary; in so doing Trustee(s) may conclusively rely on written representations made to them by such beneficiary, and the judgment of the Trustee(s) as to the amount of principal so used and the extent to which other resources are considered shall be conclusive as to all parties in interest; S. Exercise all power, authority and discretion given by this Trust after termination of any trust created herein until the same is fully distributed; T. Pay from the Trust upon the Settlor's death, to the.. extent the Trustee(s) deems advisable, any and all debts of the Settlor and the expenses of Settlor's last illness and funeral and in like manner reasonably compensate the Executor and the attorney of Settlor's Estate for services performed in the administration of Settlor's Estate. In addition to the corporate Trustee's normal compensation, the corporate Trustee shall be entitled to deduct upon the death of Settlor as additional compensation, such fee as shall reasonably compensate it for such additional services which the corporate Trustee may be required to perform as a result of the assets of this Trust forming a major portion of the taxable estate of the Settlor. EIGHTH: WAIVER OF BOND AND COMPENSATION OF TRUSTEE(Sl A. Settlor directs that the Trustee(s) and any alternates or successors thereto shall not be required to file a bond to secure the faithful performance of the duties of their office in any jurisdiction. B. The corporate Trustee acting hereunder shall be compensated in accordance with its schedule of fees in effect from time to time during the period over which its services are performed or in such lesser amount 009957-00001!5.25.00/RW S/DCP/134117.1 as it may determine. The individual Trustee(s) shall receive reasonable compensation for their time and responsibility. ~l ~; Ri(THT TO REVOKE AND AMEND Settlor reserves the right to amend or revoke this Trust in whole or in part, at any time and from time to time, and to delegate said powers to a qualified individual designated by her in a writing delivered to the Trustee(s), such revocation to be only in a written instrument delivered to the then serving Trustee(s) during Settlor's lifetime, except that the duties, powers and liabilities of the Trustee(s) shall not be changed without its or their written consent. Trustee(s) shall deliver to Settlor or Settlor's nominee, absolutely and free of trust, any assets as Settlor may direct in writing from time to time. 'E IT The situs of this test shall be any questions pertaining to the validity, construction and administration of any trust hereunder shall be determined in accordance with the laws of the Commonwealth of Pennsylvania. . ELEVENTH:. DEFINITIONS Throughout this Agreement of Trust and any amendment hereto, nouns, pronouns and verbs shall be construed as masculine, feminine, neuter, singular or plural, whichever shall be applicable. TWELFTH: POWER TO CHANGE CORPORATE TRUSTEE The successor individual trustees, Ramsey B. Davenport and David S. Davenport, or the survivor of them may revoke the appointment of the then acting corporate trustee and substitute a new corporate trustee. Such action shall be accomplished by writing signed by said individual successor trustees or the survivor of them which writing shall be filed with the court then having jurisdiction over the trust. 009957-00001/5.25.00/RWS/DCP/134117.1 IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first above written. Signed, Sealed and Delivered in the Presence of.• WITNESS: ~~~~ ~~~~ SETTLOR: ,p J SUZ . BIERI INITIAL TRUSTEE: ~ t~ ~ ` ~ (SEAL). SUZ B. BIERI CO-TRUSTEE EAL) RAMSEY B. DAVE T 009957-00001 /5.25.00/RW S/DCP/ 134117.1 ACKNOWLEDGMENT COMMONWEALTH OF PENNSYLVANIA . ss. COUNTY OF CUMBERLAND On the ~~ da of ~ ' P~.~.~ , 2000, before me, the subscriber, a notary public in and for the Y Commonwealth of Pennsylvania, personally appeared the above-named, SUZANNE B. BIERI, and in due form of law acknowledged the foregoing Agreement of Trust to be her act and deed and desired the same to be recorded as such. WITNESS my hand and notarial seal the day and year aforesaid. 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Q1 C //~~ `V w ~ 154 LL b1 N 'Zi ~ E [~ ,N-i H W ~ `~" a ~ ~ o a o a~ $ M p~o~o o o ,r+ •~ ~. +~ a `noo .~ o o a M Q .7 moo .1e o o ,.7 ~ ~cc .ee o o N S ~ ~ o ~ N 1"~ ~~1 O O O N N N ~ \ \ tt W -•-1 •~i S~ 1.1 Rf Q v F1 N cV O \ \ D+ m .--t 4 ~7 (z~ 2 f•I N N 0 \ ~ it m r•I W ~ -I N O \ \ ~1 m .-t ~ \ ~ G1 { Q1 Q1 O U .•1 N S4 •'1 N r1 N O NNN 1'i UON \~~ N N C4O 41NN ~ O NN N O O O N .. o O to 0 V GI ° ~ ~ N l~ ~ ~ ~ ~ ,.t rt q rn t~ ° N 0 ~ ` r A ~c4 a ~ a ~ , c ~ O !~ ~ ~ .. ~ o v ~ o rl ri r-i N p a C V q 171 111 w i g 7 7 ~ n i n e • n~ • u u n REV-1151 EX+ (10-06) COMMONWEALTH OF PENNSYLVANIA INHERITANCE TAX RETURN RESIDENT DECEDENT SCHEDULE H FUNERAL EXPENSES & ADMINISTRATIVE COSTS ESTATE OF FILE NUMBER BIERI, SUZANNE B. 21-09-1197 Debts of decedent must be reported on Schedule I. ITEM DESCRIPTION AMOUNT NUMBER A, FUNERAL EXPENSES: See continuation schedule(s) attached B. 1 ADMINISTRATIVE COSTS: Personal Representative's Commissions Name(s) of Personal Representative(s) RAMSEY B. Street Address 5511 RIVER ROAD City HARRISBURG State PA Zip 17110 Year(s) Commission paid 2, Attorney's Fees Johnson Duffie 3, Family Exemption: (If decedent's address is not the same as claimant's, attach explanation) Claimant Street Address City State Zip Relationship of Claimant to Decedent 4. Probate Fees 5. Accountant's Fees 6. Tax Return Preparer's Fees 7. Other Administrative Costs See continuation schedule(s) attached 15,284.31 17,500.00 16,200.00 473.50 275.00 435.10 TOTAL (Also enter on line 9, Recapitulation) I 50,167.91 Copyright (c) 2009 form software only The Lackner Group, Inc. Form PA-1500 Schedule H (Rev. 10-06) SCHEDULE H FUNERAL EXPENSES AND ADMINISTRATIVE COSTS continued ESTATE OF FILE NUMBER BIERI, SUZANNE B. 21-09-1197 ITEM DESCRIPTION AMOUNT NUMBER Funeral Expenses 1 Brian Ulsh -Custodian United Methodist Church -funeral service 2 David M. Myers Funeral Home, Inc. -funeral expenses 3 Gingrich Memorials - Marker 4 Grace United Methodist Church -funeral service 5 Isaac's Restaurant -funeral lunch 6 L. Fitzgerald Reist -minister -funeral service 7 Mark Cole -Organist -funeral service 8 Royer's -funeral flowers Other Administrative Costs 9 Cumberland Law Journal -Legal Advertisement 10 Register of Wills -file Inventory & Inheritance Tax Return. 11 Reserve for close-out costs 12 The Patriot-News -Legal Advertisement H-A Subtotal 100.00 13,818.34 733.00 150.00 203.48 100.00 100.00 79.49 15,284.31 75.00 30.00 175.00 155.10 H-67 Subtotal 435.10 Copyright (c) 2002 form software only The Lackner Group, Inc. Form PA-1500 Schedule H (Rev. 6-98) Rev1b12 EX+ (12A8) SCHEDULE 1 DEBTS OF DECEDENT, MORTGAGE LIABILITIES, & LIENS COAMIONWEALTH OF PENNSYLVANIA INHERITANCE TA% RETURN RESIDENT DECEDENT ESTATE OF FILE NUMBER BIERI, SUZANNE B. 21-09-1197 Report debts Incurred by the decedent prior to death that remained unpaid at the date of death, including unrelmbursed medical expenses. (If more space is needed, additional pages of the same size) Copyright (c) 2009 form software only The Lackner Group, Inc. Form PA-1500 Schedule I (Rev. 12-08) REV-1617 EX+ (8-00) SCHEDULE J COMMONWEALTH OF PENNSYLVANIA BENEFICIARIES INHERITANCE TAX RETURN RESIDENT DECEDENT ESTATE OF ~ FILE NUMBER BIERI, SUZANNE B. 21-09-11 97 NAME AND ADDRESS OF RELATIONSHIP TO DECEDENT SHARE OF ESTATE AMOUNT OF ESTATE NUMBER PERSON(S) RECEIVING PROPERTY Do Not List Trustee s (Words) ($$$) I~ TAXABLE DISTRIBUTIONS [include outright spousal and transfers distributions , under Sec. 9116(a)(1.2)] 1 DAVID S. DAVENPORT Son One-third 149 NEPERANE ROAD personalty; TARRYTOWN, NY 10591 One-third residue. 2 DEBORAH DAVENPORT Daughter One-third 18 S. 17TH STREET personalty; CAMP HILL, PA 17011 One-third residue; 3 FRANK F. DAVENPORT, III Son None - 94-843 AWANEI STREET Paragraph WAIPAHU, HI 96797-3109 VIII of the Will 4 RAMSEY B. DAVENPORT Son One-third 5511 RIVER ROAD personalty; HARRISBURG, PA 17110 One-third residue Total Enter dollar amounts for distributions shown above on lines 5 through 18, as appropr iate, on Rev 1500 cove r sheet II. NON-TAXABLE DISTRIBUTIONS: A. SPOUSAL DISTRIBUTIONS UNDER SECTION 9113 FOR WHICH AN ELECTION TO TAX IS NOT BEING MADE B. CHARITABLE AND GOVERNMENTAL DISTRIBUTIONS TOTAL OF PART II -ENTER TOTAL NON-TAXABLE DISTRIBUTIONS oN uNE ~ 3 or rzty-~ 50o cwttt shit I ~ v.uu Copyright (c) 2002 form software only The Lackner Group, Inc. Form PA-1500 Schedule J (Rev. 6-98) .• ~ ~ ,.. . ..` ~_ S--_-__._. _ .. .. ....5 ..._._ .. _ .. . .. ~ ~~p~ ~~~t mill ~~t~ ~e~~nten# OF N o ->~o p~ SUZANNE B. BIE ~ "r-1.mD N ;- ~ rj ~ CA I, SUZANNE B. BIERI; 'of the Borough of Camp Hill, Cortnty of Cump~~nd, aril ~7 N Commonwealth of Pennsylvania, declare this to be my Last Will and Testament and revolfe any Wi~'1;~ previously made by me. ITEM I. I bequeath my household and personal effects and other personal tangible personalty of like nature (not including cash or securities) together with any existing insurance thereon to my children, RAMSEY B. DAVENPORT, DAVID S. DAVENPORT and DEBORAH DAVENPORT, as survive me to be divided among them by my Executor with due regard for their personal preferences in as nearly equal shares as practical. ITEM II. I bequeath, devise, and appoint all the rest of my property, of whatever nature and wherever situated, including property over which I hold a power of appointment, except that I do not exercise ariy power of appointment given to me by my husband, to Dauphin Deposit Bank and Trust Company, Ramsey B. Davenport, and David S. Davenport, or the successors of the foregoing, as successor Trustees under an Agreement of Trust executed by me on September 11, 1995, and restated in its entirety on May 25, 2000, to be held by said Trustees and added to and administered as part of the trust established by said Agreement. Said Trust is in existence as of the date of execution of this Will, and it is my intention, if necessary to validate the foregoing gift to the Trustees, to incorporate herein by reference its terms and any amendments thereto. ITEM III. If any beneficiary should die within sixty (60) days after me, then he shall be deemed to have predeceased me for all purposes of this Will. ITEM IV. No interest (whether in income or principal, whether or not a remainder interest, and whether vested or contingent) of any beneficiary hereunder shall be subject to anticipation, pledge, ~.~ ~,>> ; ~~ c-; -~' t~f: _`*; i %'7 ~,`i ! Tl _,:7~_7 C ;. _, ._ f' Y'~ ~'.:~ a h:" ~' ~`~ ~ ~ ~~ ~ ~ ~ assignment, sale or transfer in any manner, nor shall any beneficiary have power in any manner to charge or encumber his said interest, nor shall-the said interest of any beneficiary be liable or subject in -any manner while in the possession of my fiduciaries for any liability of such beneficiary, whether such liability arises from his debts, contracts, torts, or other engagements of any type: - ITEM V. Any amounts or assets which are payable or distributable to a minor or incompetent hereunder may, at the discretion of my fiduciaries, be paid or distributed to the parent or guardian of such minor or incompetent, to the person with whom such minor or incompetent resides, or directly to such minor or incompetent, or maybe applied for the use or benefit of such minor or incompetent. ITEM VI. In addition to such other powers and duties as may be granted elsewhere herein or which may be granted by law, my fiduciaries hereunder shall have the following powers and duties, without the necessity of notice to or consent of any court: (a) To retain all or. any part of my property, real or personal, in the form in which it may be held at the time of its receipt, including any closely held business in which I have an interest and the stock of any corporate fiduciary hereunder, as long as in the exercise of their discretion it may be advisable so to do, notwithstanding that said property may not be of a character authorized bylaw. (b) To invest and reinvest any funds held hereunder in any property, real or personal, including, but not by way of limitation, bonds, preferred stocks, common stocks and other securities of domestic or foreign corporations or investment trusts, mortgages or mortgage participations, mutual funds with or without sales or redemption charges, and common trust. funds, even though such property would not be considered appropriate or legal for a fiduciary apart from this provision. (c) To sell, convey, exchange, partition, give options to. buy or lease upon, or. otherwise dispose of any property, real or personal, at the time held by them, at public or private sale or otherwise, for cash or other consideration or on credit, and upon such terms and for such price as they may determine, and.to convey such property free of all trusts. -2- (d) To borrow money from. any person, including any fiduciary hereunder, for any purpose in connection with the administration hereof, to execute promissory notes or other. obligations for amounts so borrowed, to secure the payments of such amounts by mortgages or pledges of any property, real or personal, which maybe held hereunder. (e) To make .loans, secured or~unsecured, in such amounts, upon such terms, at such rates of interest, and to such persons, firms, or corporations as they may deem advisable. (f) To renew or extend the time for payment of any obligation, secured or unsecured, ' payable to or by them as fiduciaries, for as long a period or periods of time and on such terms, as they may determine, and to adjust, settle, and arbitrate claims or demands in favor of or against them. (g) In dividing or distributing any property, real or personal, included herein, to divide or distribute in cash, in kind, or partly in cash and partly in kind. (h) Without limitation of powers elsewhere granted therein; to hold, manage and develop any real estate which may be held by them at any time, to mortgage any such property in such amounts and on such terms as they may deem advisable, to lease any such property for such term or terms and upon such conditions and rentals as they may deem advisable, whether or not the term of any such lease shall exceed the period permitted by law or the probable period of retention under this instrument; to make repairs, replacements and improvements, structural or otherwise; in connection with any such property, to abandon any such property which they may deem to be worthless or not of sufficient value to warrant keeping or protecting, and to permit any such property to be lost by tax sale or any other proceedings. (i) To employ such brokers, banks, custodians, investment counsel, attorneys, and other agents, and to delegate to them such duties, rights and powers as they may determine, and for such periods as they think fit. -3- ~ G ~ _~1 < ~ ~~!~:- (j) To register any securities at any time in their own ~ names, in their names as fiduciary, or in the names of nominees, with or without indicating the trust character of the securities so registered. (k) With respect to any securities forming a part of. the trust, to vote upon any proposition or election at any meeting of-the corporation issuing such securities, and to grant proxies, discretionary or otherwise, to vote at any such meeting; to join or become a party to any reorganization, readjustment, merger, voting trust, consolidation or exchange, and to deposit any such securities with any committee, depository, Trustee or otherwise, and to pay out of the assets held hereunder, any fees, expenses and assessments incurred in connection therewith, to exercise conversion, subscription or other rights, and to receive or hold any new securities issued as a result of any such reorganization, readjustment, merger, voting trust, consolidation, exchange or exercise of conversion, subscription or othex rights and generally to take all action with respect to any such securities as could be taken by the absolute owner thereof. . (1) To engage in sales, leases, loans, and other transactions with the estate of my i~ husband or any trust established by either of us, even if they are fiduciaries or beneficiaries thereof, (m) To exercise all elections which they may have with respect to income, gift, estate, inheritance and other taxes, including without limitation execution of joint income tax returns, elections to deduct expenses in computing one tax or another, election to split gifts, and election to apply or to defer payment of any tax, in all events without their being bound to require contribution from any other person. (n) To operate, own, or develop any business or property held hereunder in any form, including without limitation sole proprietorship, limited or general partnership, corporation, association, tenancy in common, condominium, or any other, whether or not they have restricted or no management rights, as they in their discretion think best. ITEM VII. I direct that all estate, inheritance, and succession taxes that may be assessed in consequence of my death, or whatever nature and by whatever jurisdiction, imposed, other than generation- skipping taxes, shall be paid out of the principal of my general estate to. the same effect as •if said taxes were -4- ... ..-,_ -_ __._.....,__- . , - - - -~ - - ri ~ -~ - -zr Y ~ ._. ~ ~ ;..: •; ,. .. __ j ~ ~ ~ . ': _ : `. , ; _ 'ter < , : .. , ,. _ ,L,~ s .f ' -. `~~ _ expenses of administration, except that any such additional taxes (and interest and penalties thereon) imposed on account of my interest in or power over any trust established by my husband shall be paid out of the property held in such trust, and all other property includible in my taxable estate for federal or state tax purposes, whether or not passing under this Will,~shall be free and clear thereof; provided, however, that my Executor may in the discretion of my Executor request that any portion or all of said taxes (to be paid out of the principal of my general estate) shall instead be paid out of the principal of any trust established by me, to the extent expressly authorized under the terms of said trust. ITEM VIII. I have deliberately made no provisions in this Will or in the Trust referred to above for my son, FRANK DAVENPORT. ITEM IX. I appoint as Executor hereunder my son, RAMSEY B. DAVENPORT. If my son, RAMSEY B. DAVENPORT, fails to qualify or cease to act as Executor, I appoint my son, DAVID S. DAVENPORT, Executor in his place. ITEM X. Unless the context indicates otherwise, any use of the masculine gender herein shall also include the feminine gender. IN WITNESS WHEREOF, I, SUZANNE B. BIERI, have hereunto set my hand and seal this day of Scp'tcw, l,e ,- , 2003. ~ ~ G~~-_(~EAL) SUZ B. BIERI SIGNED, SEALED, PUBLISHED,AND DECLARED, by SUZANNE B. BIERI, the Testatrix above named, as and for her Last Will and Testament and in the presence of us, who, at her request, in her presence and in the presence of each other, having subscribed our names as witnesses. '~ ,~~~ ~"~y' Witness ~~ Ad Tess Witness -5- L Addr s r ACKNOWLEDGMENT COMMONWEALTH OF PENNSYLVANIA ,. ss. .. CQUNTY OF CUMBERLAND I, SUZANNE B. BIERI, Testatrix, whose name is signed to the foregoing instrument, having been duly qualified according to law, do hereby aclrnowledge 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. S B. BIERI Sworn to or affirmed and aclrnowledged before me, by 5UZA.NNE B. BIERI, the Testatrix, this b ~~ ~ day of !/~ /1~~~ , 2003. ~ ~ ~ NO~T'ARY PUBLIC My Commission Expires: (SEAL) Notarial Seal • Kristee K. Myers, Notary Fabric Lemoyne Boro, Cumberland County . My Corrxnission Expires Dec. 2, 2006 Member, Pennsylvania Association Of Notaries -6- AFFIDAVIT COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ss. We, ~,~1-~ ~.~- ~ ~~~ ~ and ~ I~~ C'/l C C ~ ~ ~a ~~ the witnesses whose ualified accordin o~o d ose and say that names are signed to the foregoing instrument, being duly q g• ~ ~ we were present and saw SUZ:ANNE B. BIERI, the Testatrix sign and execute the foregoing instrument as her Last Will and Testament; that she signed willingly and that she executed it as her free and voluntary act for the purposes therein expressed; that each of us in the hearing and sight of the Testatrix signed the Will as witnesses; and that to the best of our lmowledge, the Testatrix was at that time at least 18 years of age,-of sound mind and under no constraint or undue influence. ~a~ 9 Sworn to or affirmed and subscribed to before me- by /G~(IL~G~ ~,~ ~~f b1/c1 ~ and ~~,,~ L.~~ ~ ~ (r ~-f q " L ,witnesses, this ~ day of ` - / 1•C~-~ , 2003. Nota~ Public :45004V2 My Commission Expires: (SEAL) Notarial ~~ Kristee K. Myers Notary Public - Lemoyne Born, CGxnberlar>d County My Corrxnission, Expires Dec. 2, 2006 Member, Pennsylvania Assoaation Of Notaries -7-