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HomeMy WebLinkAbout09-23-1003/- o9-ii~a N o ~ o N r~i-'i~ ~'."~ FAMILY SETTLEMENT AGREEMENT AND FINAL RELEAS>~ ^~ ~~~ 'v v, =-~ IN THE ESTATE OF CHARLES C. AWYERMAN ~;, ro ~,~ ~, z vi w ~ ~.:..~ KNOW ALL MEN BY THESE PRESENTS, that, WHEREAS, Chazles C. A°~an, ~ ~-' >~ of Cumberland County, Pennsylvania, died testate on October 30, 2009, having firs~a atie his 4a~t w "' ~' will and testament duly executed on January 28, 2003; ~'' WHEREAS, the said Chazles C. Awkerman, by the aforesaid last will and testament, named Paula Snyder, Executrix of said last will; WHEREAS, letters testamentary on the estate of the said decedent were duly issued by the Register of Wills of Cumberland County, Pennsylvania, to the said Executrix, Paula Snyder, hereinafter called the personal representative. WHEREAS, the personal representative has gathered the assets of the estate of the said decedent and the assets consist of personal and real property, to a total value as set forth in Exhibit "A", a copy of the Pennsylvania Inheritance Tax Return filed by said personal representative, and which has been provided to each heir and as additionally referenced on Exhibit "B"; WHEREAS, the debts and deductions, including the payment of inheritance tax in the said estate, are $27,857.94, as further referenced in Exhibit "A"; WHEREAS, a balance for distribution of $192,726.49 exists; WHEREAS, certain personalty of the estate shall be distributed in kind as set forth on Exhibit «C„ WHEREAS, the balance for distribution has been reduced to cash and is available for distribution in accordance with the terms of the last will and testament of the said decedent. NOW, THEREFORE, KNOW YE, that we, being all of the named beneficiaries of the will and the said decedent, do hereby each of us, acknowledge that we have this day had and received from the aforesaid personal representative, in full satisfaction and payment of all sum or sums of money, legacies, bequests, and devised as aze given, devised and bequeathed to each of us respectively by the said will of Charles C. Awkerman in the amounts due us under said will, which amounts we have received this day, in the respective amounts of twenty-five (25%) percent of the balance available to each of us. ~~ AND, each of us does hereby stipulate that in order to avoid the expense and time involved in the filing of a formal account and schedule of distribution, we each agree that no account is necessary and we do hereby agree that we do consent to distribution being made without the filing of an account and schedule of distribution, the same to be with the same force and effect as if they had been filed and co~rmed by the Orphans' Court Division of the Court of Cumberland County. THEREFORE, we and each ofus, do hereby remise, release, quitclaim and forever discharge the said personal representative, heirs, executrix, and administrators and assigns of and from the said estate and from all actions, suits, payments, accounts, reckonings, claims and demands whatsoever for or by reason thereof, or for any other use, matter, cause or thing whatsoever, touching upon the estate of the said decedent, and each of us do further hereby covenant and agree with each other and the aforesaid personal representative, that we will contribute pro-rata, our share of the estate to satisfy any and all claims, demands, suits, or causes of action which may be successfully prosecuted against the said estate or aforesaid personal representative after the signing, sealing and delivery of this family settlement agreement and final release. 1N WITNESS WHEREOF, and intending to be legally bound hereby, we have hereunto set our hands and seals on the dates below indicated. WITNESS: ~~ Paula G. Snyder Pamela Linda G. Ca Emily J. erman COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SS. AND NOW, this oZa !~ day of °.Y" _'"_ ~~ , 2010, before me, the undersigned officer, personally appeared Paula G. Snyder, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that she executed same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. otary Public ni F P ~ Hoarwsw _ Siw~3gkpL?Y~p~.,an~~Nnd Cowyr ~M CannrMbn E~Y~ Jan 4 X012 IiAnne«, wnn.wv.nM ANOdMIen of NoYiM AND, each of us does hereby stipulate that in order to avoid the expense and time involved in the filing of a formal account and schedule of distribution, we each agree that no account is necessary and we do hereby agree that we do consent to distribution being made without the filing of an account and schedule of distribution, the same to be with the same force and effect as if they had been filed and confirmed by the Orphans' Court Division of the Court of Cumberland County. THEREFORE, we and each of us, do hereby remise, release, quitclaim and forever discharge the said personal representative, heirs, executrix, and administrators and assigns of and from the said estate and from all actions, suits, payments, accounts, reckonings, claims and demands whatsoever for or by reason thereof, or for any other use, matter, cause or thing whatsoever, touching upon the estate of the said decedent, and each of us do further hereby covenant and agree with each other and the aforesaid personal representative, that we will contribute pro-rata, our share of the estate to satisfy any and all claims, demands, suits, or causes of action which maybe successfully prosecuted against the said estate or aforesaid personal representative after the signing, sealing and delivery of this family settlement agreement and final release. IN WITNESS WHEREOF, and intending to be legally bound hereby, we have hereunto set our hands and seals on the dates below indicated. WITNESS: Paula G. Snyder Linda G. Cavanagh Emily J. Awkerman STATE OF FLORIDA / ~2 COUNTY OF U ~ l -,-y~ l~~a C~ SS. AND NOW, this ( day of ~~~n''~'' ~-~ , 2010, before me, the undersigned officer, personally appeared Pamela B. Burns, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that she executed same for the purposes therein contained. 1N WITNESS WHEREOF, I hereunto set my hand and official seal. NNM~M„„,M,wwM,,''N ,,--pp ,YN\ ~Qry~`Ilq,~ ~--Np V{IIIIIIIT ~v~~~. K~. 51;.= Expires3N/2011 ~`°~R,~~°F Flo~idaNaWyAtm.~lnC ~ W ~~~~~ N~ ~N~NIN~NN~N W ~ AND, each of us does hereby stipulate that in order to avoid the expense and time involved in the filing of a formal account and schedule of distribution, we each agree that no account is necessary and we do hereby agree that we do consent to distribution being made without the filing of an account and schedule of distribution, the same to be with the same force and effect as if they had been filed and confirmed by the Orphans' Court Division of the Court of Cumberland County. THEREFORE, we and each of us, do hereby remise, release, quitclaim and forever discharge the said personal representative, heirs, executrix, and administrators and assigns of and from the said estate and from all actions, suits, payments, accounts, reckonings, claims and demands whatsoever for or by reason thereof, or for any other use, matter, cause or thing whatsoever, touching upon the estate of the said decedent, and each of us do further hereby covenant and agree with each other and the aforesaid personal representative, that we will contribute pro-rata, our share of the estate to satisfy any and all claims, demands, suits, or causes of action which may be successfully prosecuted against the said estate or aforesaid personal representative after the signing, sealing and delivery of this family settlement agreement and final release. 1N WITNESS WHEREOF, and intending to be legally bound hereby, we have hereunto set our hands and seals on the dates below indicated. WITNESS: Paula G. Snyder Pamela B. Bums L' G. Cavanagh Emily J. Awkennan COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SS. AND NOW, this ~ day of ~~~1B~ , 2010, before me, the undersigned officer, personally appeared Linda G. Cavanagh, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that she executed same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. COMMONWEALTH OF PENNSYLVMNA NoWYi Sxl Jp~Nlx L Ep, NoWy Pubac Cr14N 8+oro, GmbsrWW Camhr IAyConrMstlon EMpks~.M/y28.2012 aMa Aaeodatlon d rbtarle AND, each of us does hereby stipulate that in order to avoid the expense and time involved in the filing of a formal account and schedule of distribution, we each agree that no account is necessary and we do hereby agree that we do consent to distribution being made without the filing of an account and schedule of distribution, the same to be with the same force and effect as if they had been filed and confirmed by the Orphans' Court Division of the Court of Cumberland County. THEREFORE, we and each of us, do hereby remise, release, quitclaim and forever discharge the said personal representative, heirs, executrix, and administrators and assigns of and from the said estate and from all actions, suits, payments, accounts, reckonings, claims and demands whatsoever for or by reason thereof, or for any other use, matter, cause or thing whatsoever, touching upon the estate of the said decedent, and each of us do further hereby covenant and agree with each other and the aforesaid personal representative, that we will contribute pro-rata, our share of the estate to satisfy any and all claims, demands, suits, or causes of action which maybe successfully prosecuted against the said estate or aforesaid personal representative after the signing, sealing and delivery of this family settlement agreement and final release. IN WITNESS WHEREOF, and intending to be legally bound hereby, we have hereunto set our hands and seals on the dates below indicated. WITNESS: Paula G. Snyder Pamela B. Burns Linda G. Cavanagh STATE OF PENNSYLVANIA COUNTY OF AND NOW, this %d ~~ SS. day of //l~.b~'~-' , 2010, before me, the undersigned officer, personally appeared Emily J. Awkerman, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that she executed same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. Notary Public COMMONWEALTH OF PENNSYLVANIA NotarlN Seal Katharlna T. CaMaphrt, Notary Publie CRy of WMcerBarn, Luaarne County My CommlaNon Sapl 1, X13 Member. PennayMnla Aaeodatlon of Notaries - t .. 15056051058 J REVro~ ~OO EX (06-05) OFFIC4U. USE ONLY PA Department of Revenue County Code Year Fb Number Bureau of In~vWual Taxes INHERITANCE TAX RETURN ""`"" `""' ' " Posox26oeot Haniatxag, PA 1772&-0601 21 09 '01182 RESIDENT DECEDENT ENTER DECEDENT INFORMATION BELOW Sodal Security Number Date of Death Date of Birth 173-14-4482 10/30/2009 12/28/1920 Decedent's Last Name ...__....._..__T --_- . .. . . ......... .... ....____.... _ Suffix Decedent's First Name MI __._.... _ _ . __-___. _ ~___.. _ _ _.._._ _~.___-_ _. - ...... ...........-- -.... ... - Awkerman ~ ;Charles ' C (H Applicable) Enter Surviving Spouse's Information Below Spouse's Last Name Suffix Spouae'a First Name MI Social Security Number Spouse's , ' THIS RETURN MUST BE FlLED IN DUPLICATE WITH THE REGISTER OF WILLS FILL IN APPROPRUITE OVALS BELOW ~ 1. Original Retum +,. 2. Supplemental Retum ~.? 3. Remainder Retum (date of death pdorto 12-13-82) ..~ 4. Limited Estate 4a. Future Interest Compromise (date of C-; 5. Federal Estate Tax Rstum Required death after f2-12-62) ~IE> 8. Decedent Dled Testate t~ ;a 7. Deee~nt Malntalnsd a Living Trust _._ 0„_ 8. Total Number of Safe Deposk Boxes (Attach Copy of wilq (Attach Copy of Trust) 9. Litigadon Proeeeda Recalwd ~ 70. Spousal Poverty Credk (dad of death C~ 11. Ebctlon to tax under Sec. 9113(A) between 72-37-97 and 7-1-95) (Attach Sch. O) CORRESPONDENIT - THIS SECTION MU37 BE COMPLETED. ALL CORRESPONDENCE AND CONFMENTUIL TAX INFORMATION 8HOULD BE OStECTED T0: Name Daytime Telephone Number ;David A. Baric, Esquire (717)_ 249-6$73. Firm Name (If Applicable) N ~ --- ~°---~-"" ~ "-"--'- `~ ~~ ?~ '~ Banc Scherer REGISTER O U N ~ ~~ rn First Ifne of address ~_ t, ~ n tay ~ ~~ r ~ °~ ,__~ - - 19West South Street _~ u' x _. _.. , _ .... cJ c7 c~ -v ~ ; ; i Second line of address (7 C+ '7 ~ 1 .. _ ........ . ........... .. ......... - O ~7 = --i W n _ ~ : _.___ DAT6~1LED t~J ~--ai .• City or Post Office State ZIP Code '-- .. _.__. ~ ., Carlisle : PA ~ ,;17013 correspondents e-mail address: dbaric~baricscherer.COm Under penalties of perjury, l dedaro that 1 haw examined alb rotum, k1CdU~lq aceomparrying achadttlss and atatsmsnts, and to the beat of my knowledge and ballet, k k+ true, corraG anp ranplete. Dedaratlon of preperor other than the paroatsl roprossntatlva Is based on ae IMOmteti~ Oi whidt propenx Tree arty knowledge. d~ 79 3 DATE 19 West South Street, Carlisle, PA 17013 PLEASE USE ORIGINAL FORM ONLY Side 1 L 15056051058 15056051058 EXHIBIT "A" J 15056052059 REV-1500 EX Charles C Awkerman Decedent's Name: RECAPITULATION Decedent's Social Security Number 173-14-4482 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 B Notes Receivable (Schedule D) ............................. 4. 5. Cash, Bank Deposits & Miscellaneous Personal Property (Schedule E) ........ 5 8. Jointly Owned Property (Schedule F) <:"~m Separate Billing Requested ....... 6. 7. Inter-Vivos Transfers & Miscellaneous Non-Probate Property !, (Schedule G) `~ Separate Billing Requested........ 7, 8. Total Gross Assets (total Lines 1-7) .................................... 8. 9. Funeral Expenses 8 AdminisVative Costs (Schedule H) ..................... 9. 10. Debfs of Decedent, Mortgage Liabilities, 8 Liens (Schedule I) ................ 10. 11. Total Deductions (total Lines 9 & 10) ................................... 11. 12. Net Value of Estats (Line 8 minus Line 11) .............................. 12. '; 13. Charitable and Governmental BequesfslSec 9173 Trusls for which ........................13 an election to tax has not been made (Schedule J) 14. Net Value Subject to Tax (Line 12 minus Line 13) ........................ 14. TAX COMPUTATION • SEE INSTRUCTIONS FOR APPLICABLE RATES 15. Amount of Line 14 taxable h I [a t 125,329.82 62,099.42 ,...,,.103,286.87 290,716.11 15,471.96 275,244.15 . 275,244.15 at t espouse x ra e, or _. transfers under Sec. 9116 I .~.,_,.__. ..._.-_.._ ._._ -..-,,._..: __. _ . _ ....~__. _ .._.. ... ,_~~ .._.., 18. ._w-._~ Amount of Line 14 taxable at lineal rate x .0 45 ' _. 12,385.98 12,385.98 1 s. ._ _._._. _..~_.... .. ..,...._ ~.u,~..,_ ..~_...,:,... 17. _.,....:,.: , Amount of Line 14 taxable , at sibling rate X .12 ....._~_ 17 ~-._~ ., m.-.___ . ............. ..____._.. 18. Amount of Line 14 taxable at collateral rata X .15 ' 18 19. TAX DUE ........................... .............................. 19. 20. FILL IN THE OVAL IF YOU ARE REQUESTING A REFUND OF AN OVERPAYMENT '~ 15056052059 Side2 15056052059 REV-1500 EX Page 3 Decedent's Complete Address: 21 01182 D C N DECEDENTS SOCIAL SECURITY NUMBER Charles C Awkerman 173-14-4482 STREETADDRESS 3a Abbey court CITY Carlisle STATE PA 21P 17013 Tax Payments and Credits: 1. Tax Due (Page 2 Line 19) 2. CreditslPayments A. Spousal Poverty Credit B. Prior Payments 12,385.00 C. Diswunt 619.25 (1) Total Credits (A + B + C) (2) 3. InteresUPenalty if applicable D. Interest E. Penalty Total InteresUPanalty (D + E ) 4. If Line 2 is greater than Line 1 + Line 3, enter the difference. This is the OVERPAYMENT. Fitt 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. Enter the Interest on the tax due. B. Enter the total of Line 5 + 5A. This is the BALANCE DUE. (3) (4) (5) (5A) (5B) 12,385.98 13,004.25 618.27 SS Make Check Payable fo: REGISTER OF WILLS, AGENT ~"`#~.n..Fk~s¢~.Y~. aK%~".~ " ... .. ..r i P .. ~ uw { A.i,... ~ ~Rtkq 5~` '%!t.` , e ~ 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 :.......................................................................................... ^ b. retain the right to designate who shall use fhe property transferred or its income : ............................................ ^ c. retain a reversionary interest; or .......................................................................................................................... ^ d. receive the promise for life of efther payments, benefds or care? ...................................................................... ^ 2. If death occurred after December 12,1982, did decedent transfer property within one year of death without receiving adequate consideration? .............................................................................................................. ^ 3. Did decedent own an "in trust for" or payable upon death bank account or security at his or her death? .............. ^ 4. Did decedent own an Individual Retirement Account, annuity, or other non-probate property which contains a beneficiary designation? ........................................................................................................................ ^ ^>< IF THE~~yyANSWER TO ANY OF THE ABOVE QUESTIONS IS YES, YOU MUST COMPLETE SCHEDULE;~G~ AND FILE IT AS„PART OFy, THE RETURN. *,,~ ~ ~ 7S"f7~+:. ~'~ ^f~&:~"', ~~~"~ ...~.<,. ,~,7.~ A3s~4~ a,, ak^„u~i'7,y,:. .w~'X~u. ~y~r"~~,$'l~e~YZU'i-S;i.!. 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 p2 P.S. §9116 (a) (1.1) (i)]. For dates of death on or after January 1, 1995, the tax rate imposed on the net value of transfers to or for the use of the surviving spouse is zero (0) percent [72 P.S. §9116 (a) (1.1) (ii)]. The statute does not exempt a transfer to a surviving spouse from tax, and the statutory requirements for disclosure of assets and filing a tax reium 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 rete 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)]. Asibling isdefined, under Section 9102, as an individual who has at least one parent in common with the decedent, whether by blood or adoption. REV-1503 EX+(8-98) COMMONWEALTH OF PENNSYLVANIA INHERITANCE TAX RETURN RESIDENT DECEDENT ESTATE OF scM~ou~E s STOCKS & BONDS FILE NUMBER Charles C. Awkerman 21-09-1182 All property Jolntlyawned with right of aurvivorehlo must 6e dlacloaed on Schedule F. (It more space Ia needed, insert additional sheets of the same size) REV-1508 EX+ (&9e) COMMONWEALTH OF PENNSYLVANIA INHERITANCE TAX RETURN RESIDENT DECEDENT SCMEpULE E CASH, BANK DEPOSITS, & MISC. PERSONAL PROPERTY ESTATE OF FILE NUMBER Charles C. Awkerman 21-09-1182 Include the proceeds of Iftigatbn and the date the proceeds were received by the estate. All property Jointly-owned with right of wrvivorship must be diaeloaed on Schedule F. 1. Ameriprise Savings Certificate # 008048091691 001 5,948.35 2. Ameriprise Savings Certficate # 00804811563 1 001 2,140.03 3. Long Tenn Care Insurance : 1,680.00 4. _ Refund from Sarah Todd Nursing Home 155.18 5. Refund from Delta Dental 28.09 6. ;Ameriprise Certificate # 930071600124004 ...:: 33,164.54 7. ''Ameriprise Certificate # 930074636604004 18 983.23 TOTAL (Also enter on line 5, Recapitulation) S 62,099.42 (If more space is needed, insert additional sheets of the same sae) ' REV-1509 EX+(8-99) COMMONWEALTH OF PENNSYLVANIA INHERITANCE TAX RETURN RESIDENT DECEDENT scN~ou~E F JOINTLY OWNED PROPERTY ESTATE OF FILE NUMBER Charles C. Awkerman 21-09-1162 Ii en easel waa made Joint within one year of the decedent's date of deatll, it moat be reported on Schedule G. SURVIVING JOINT TENANT(S) NAME ADDRESS RELATIONSHIP TO DECEDENT A. Paula G. Snyder 79 Courtyard Drive daughter SCarlisle, PA 17013 B. . ,.. _. C. JOINTLY-OWNED PROPERTY: LETTER DATE DESCRIPTION OF PROPERTY x OF GATE OF DEATIi ITEM FOR JGNT MADE INCLUDE NAME OF FlNANGAL INSTITIffIDN AND BANK ACCWNT NUMBER OR SaeIAR DATE OF DEATH DECD'S VALUE OF NUMBER TENANT NT IOENnFYING NUM~R ATTACH GEED FOR JOINTLY+iELD REAL ESTATE. VALUE OF ASSET INTEREST DECEDENT5INTEREST t A. 10101!02 ' PNCCheckingAccount#51018-0042 154,521.73 ' 50 77,260.86 2. A 10/01/02 `NFCU Share Savings Account # 0261168-09 31,591.50 50 15,795.75 3• A 10/01!02 .. ' NFCU Checking Account # D261168-702 20,460 52 50 10,230.26 TOTAL (Also enter on line 6, Recapitulation) f 103,286.87 (If more space is needed, Insert addkknal cheats of the same size) REV-1511 EX+ (12-99) SCNEpULE N FUNERAL EXPENSES & COMMONWEALTH OF PENNSYLVANIA INHERITANCE TAX RETURN ADMINISTRATIVE COSTS RESIDENT DECEDENT ESTATE OP FILE NUMBER Charles C. Awkerman 21-09-1182 Dabte of decadent muat ba npartad on Sehadula I. ITEM NUMBER DESCRIPTION AMOUNT A. FUN~BAL EXFEN.SES~ ~' Hollinger Funeral Home _._ __ 1,057.92 B. _ __ ADMINISTRATIVE COSTS: 1. Personal Rapresentatlve's Commissions Noma of Personal Representative(s) NOn@ Social Security Number(s)IEIN Number of Personal Representative(s) _ Street Address _ City State Zip Year(s) Commission Paid: 2. Attorney Feas 13,100.00 3. Family Exemptlan: (If decedent's address is not the same as claimant's, attach explanation) . _.. _ __ . Claimant !Non e Street Address City State .Zip Relationship of Claimant to Decedent 4. Probate Fees 377.50 5. Accountant's Fees 6. Tax Return Preparer's Fees 7. Cassells Grill 139.23 8. Elks BPOE 355.33 s.. Cumberland County Honor GuaM 50.00 to. 'Sarah Todd Nursing Home 100.00 ti. MillenniumPhannacy 35.68 1 z. Register of Wills (fee to file guardian report) 15.00 TOTAL (Also enter on line 9, Recapitulation) S 15 , 471.96 (If more space is needed, InseR additional sheets of the same size) ~. - , LAST WII,L AND TESTAMENT OF CHARLES C. AWKERMAN I, CHARLES C. AWKERMAN, a resident of the Commonwealth of Pennsylvania, make, publish and declare this to be my Last Will and Testament, revoking all wills and codicils at any time heretofore made by me. I am retired from the military service of the United States. FIRST: I direct that the expenses of my last ilhtess and funeral, the expenses of the administration of my estate, and all estate, inheritance and similar taxes payable with respect to property included is my estate, whether or not passing under this will, and any interest or penalties thereon, shall be paid out of my residuary estate, without apportionment and with no right of reimbursement from any recipient of any such property. SECOND: It is my desire that, upon my death, I be buried with full military honors. THIRD: I give all the rest, residue and remainder of my property and estate, both real and personal, of whatever kind and wherever located, that I own or to which I shall be in any manner entitled at the time of my death (collectively referred to as my "residuary estate"), as follows: (a) To those of my children (PAMELA BETH AWI{ERMAN, PAULA GAIL SNYDER, LINDA GWEN CAVANAGH and EMII..Y JEAN AWI{ERMAN) who survive me and to the issue who survive me of those of my children who shall not survive me, er s ' es. (b) If no issue of mine survives me, I give my residuary estate to those who would take from me as if I were then to die without a will, unmarried and the absolute owner of my residuary estate, and a resident of the Commonwealth of Pennsylvania. FOURTH: If any property of my estate vests in absolute ownership in a minor or incompetent, my Executor, at any time and without court authorization, may: distribute the whole or any part of such property to the beneficiary; or use the whole or any part for the health, education, maintenance and support of the beneficiary; or distribute the whole or any part to a guardian, committee or other legal representative of the beneficiary, or to a custodian for the beneficiary under any gifts to minors or transfers to minors act, or to the person or persons with whom the beneficiary resides. Evidence of any such distribution or the receipt therefor executed by the person to whom the distribution is made shall be a full discharge of my Executor from any liability with respect thereto, even though my Executor may be such person. If such beneficiary is a minor, my Executor may defer the distribution of the whole or any part of such property until the beneficiary attains the age of eighteen (18) years, and may hold the same as a separate fund for the beneficiary with all of the powers described in Article SIXTH hereof. If the benefi- ciary dies before attaining said age, any balance shall be paid and distributed to the estate of the beneficiary. FIFTH: I appoint my daughter PAULA GAIL SNYDER to be my Executor. If my daughter PAULA GAIL SNYDER shall fail to qualify for any reason as my Executor, or having qualified shall die, resign or cease to act for any reason as my Executor, I appoint my daughter LINDA GWEN CAVANAGH as my Executor. I direct that no Executor shall be required to file or furnish any bond, surety or other security in any jurisdiction. SIXTH: I grant to my Executor all powers conferred on executors under the Pemisylvania Probate, Estates and Fiduciaries Code, as amended, or any successor thereto, and all powers conferred upon executors wherever my Executor may act. I also grant to my Executor power to retain, sell at public or private sale, exchange, grant options on, invest and reinvest, and otherwise deal with any kind of property, real or personal, for cash or on credit; to borrow money and encumber or pledge any property to secure loans; to divide and distribute property in cash or in kind; to exercise all powers of an absolute owner of property; to compromise and release claims with or without consideration; and to employ attorneys, accountants and other persons for services or advice. c~ <.,~ The term "Executor" wherever used herein shall mean the executors, executor, executrix or administrator in office from thne to time. SEVENTH: I direct that for purposes of this will a beneficiary shall be deemed to predecease me unless such beneficiary survives me by more than thirty days. EIGHTH: I have served in the Armed Forces of the United States. I therefore request that my Executor make appropriate inquiries to ascertain whether there are any benefits to which I, my dependents or my heirs may be entitled by virtue of any military affiliation. I specifically request that my Executor consult with a retired affairs officer at the nearest military installation, the Department of Veterans Affairs, and the Social Security Administration. NINTH: I may leave a letter of intent with the executed copy of this will for the purpose of giving guidance to my Executor concerning the distribution or sale of certain items of my property. I request, but do not require that my Executor honor my wishes therein expressed. This document was prepared under the authority of 10 U.S.C. § 1044 and implementing military regulations and instructions, by Captain Robert E. Samuelsen II, U.S. Army, who is licensed to practice law in the State of Minnesota. IN WITNESS WHEREOF, I, CHARLES~C. A ,sign my name and publish and declare this instrument as my last will and testament this 't. day of 2003. I also have affixed my signature on the bottom of each of the preceding pages hereof. ~`~'~Gtt~cy CHARLES C. AWKERMAN The foregoing instrument was signed, published and declared by CHARLES C. AWKERMAN, the above-named Testator, to be his last will and testament in our presence, all being present at the same time, and we, at his request and in his presence and in the presence of each other, have subscribed our names as witnesses on the date above written. Zd /~ ~~•~ having an address at B C' QM i'see~ ~A 70 i3 having an addressess a~ / )'~ lyl >, ACKNOWLEDGMENT AND AFFIDAVIT COMMONWEALTH OF PENNSYLVANIA, COUNTY OF CUMBERLAND, ss. _ We CHARLES C. AWKERMAN and CS %C,C ~'EaiZ Ge= ~ ~ -------- _ 1G~132_~.lS~DD~.J _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _, the Testator and the witnesses respectively, whose names are signed to the attached or foregoing instrument, being first duly sworn, do hereby declare to the undersigned authority that the Testator, CHARLES C. AWKERMAN, signed and executed said instrument as his last will and testament in the presence and hearing of the witnesses, and that he had signed willingly, and that he executed it as his free and voluntary act and deed for the purposes therein expressed, and that each of the witnesses at the request of the Testator, in the presence and hearing of the Testator and each other, signed the will as witness, and that to the best of his or her knowledge the Testator was at the time at least eighteen years of age, of sound mind and under no constraint, duress, &sud or undue influence. CHARLES C. AWKER.MAN Testator ~h ~ W'~ess ~ Witness Subscribed, sworn to and acknowledged before me by the said CHAFES C. A RMAN, Testator, and subscribed and sworn to before me by the above-named witnesses, this ~, day of , 2003. Notary Public My commission expires on Notarial Seal Betty S. Kistkr, Notary Public Carlisle Boro, Cumberland County MY Commission Bxpires May 14, uIOS Ntembar, Pem-sYlv~aAssoc~elbndNptati~g Additional Income Not Reflected on REV-1500 interest on bank accounts dividends from stocks death benefit from VFW $ 282.40 $3,633.40 $ 300.00 TOTAL: $ 4,215.80 Refunds Pending Inheritance tax refund 2009 Income Tax refund 2008 Income Tax refund $ 618.32 $8,311.00 $4,127.00 TOTAL: $13,056.32 TOTAL ADDITIONAL INCOME: $17,272.12 Additional Expenses Not reflected on R Millenium Pharmacy Postage Costs 2009 income tax preparation 2008 amended tax preparation Reserved funds for 2010 Estate Income Tax Return and Preparation EV-1500 $ 33.71 $ 10.00 $331.00 $ 14.95 $400.00 TOTAL ADDITIONAL EXPENSES: $789.66 Balance of account $194,946.15 Less additional expenses $ 789.66 Final bill for legal services $ 1,430.00 BALANCE OF ACCOUNT: 192,726.49 EXHIBIT "B" IN KIND DISTRIBUTIONS Paula G. Snyder: Chevron Corp RPG Industries Bristol-Meyers Squibb Pamela B. Burns 20 shares 497.5 shazes 64 shares Chevron Corp. PPG Bristol-Myers Squibb Linda G. Cavanagh Chevron Corp. PPG Bristol-Meyers Squibb Emily J. Awkerman Chevron Corp. PPG Bristo-Meyers Squibb 20 shazes 497.5 shares 64 shares 20 shares 497.5 shares 64 shares 20 shares 497.5 shazes 64 shazes EXHIBIT "C"