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HomeMy WebLinkAbout03-0819 PETITION FOR PROBATE and GRANT OF LETTERS Estate of Raymond Robert Painter No. 2/¥9 ~- ,~//9 Social Security No. 284-34-8399 To: Register of Wills for the County of Cumberland in the Commonwealth of Pennsylvania. The Petition of the undersigned respectfully represents that: Your Petitioner, Helen JoAnn Painter, wife of the decedent, is 18 years of age or older and is the Executrix named in Article Four of the last Will of the above decedent, dated July 19, 2003. Decedent was domiciled at death in Cumberland County, Pennsylvania, with his last address at 421 Hillside Road, New Cumberland, Pennsylvania 17070. Decedent, then 71 years of age, died July 27, 2003, at HealthSouth, Lower Allen Township, Cumberland County. Decedent was married to Executrix, was not divorced, and did not have a child born or adopted after execution of the Will offered for probate, was not the victim of a killing and was never adjudicated incompetent. Decedent at death owned property with estimated values as follows: 1. All personal property $ 7. ,2, ooo,-; 2. Value of real estate in Pennsylvania $ q, ~ co ~ The Pennsylvania real estate is undeveloped land situated in Canal Township, Venango County, PA. WHEREFORE, petitioner respectfully requests the probate of the last will presented herewith and the grant of letters testamentary thereon. Helen JoAm~ainter 421 Hillside Road New Cumberland, PA 17070 OATH OF PERSONAL REPRESENTATIVE COMMONWEALTH OF PENNSYLVANIA: : SS COUNTY OF CUMBERLAND : Petitioner, Helen JoAnn Painter, swears or affirms that the statements in the foregoing petition are tree and correct to the best of the knowledge and belief of petitioner and that as personal representative of Raymond Robert Painter, deceased, petitioner will well and truly administer the estate according to law. Sworn to or affirmed before me, Donna lq. this ~q'/~ day of October, 2003. Helen JoAr~Painter No. 21-2003-819 Estate of Raymond Robert Painter, Deceased DECREE OF PROBATE AND GRAND TO LETTERS FEES Probate, Letters, Etc. Short Certificates AND NOW October 10th, ,2003, in consideration of the petition set forth on the two preceding pages, satisfactory proof having been presented before me, IT IS DECREED that the instrument dated July 19, 2003, described therein be admitted to probate and filed of record as the last will of Raymond Robert Painter, deceased, and Letters Testamentary are hereby granted to Helen JoAnn Painter, Executrix. Donna M. Otto, 1st Deputy $ 60.00 Attorney: S. Berne Smith 15.00 Sup. Ct. I.D. No: 07254 x-Pages (6) 18.00 $ 107 N. 24th Street Camp Hill, PA 17011-3602 Other JCp 10. O0 $ Phone:717-737-6789 TOTAL $ 103.00 Filed: October lOth, 2003 MAILED LETTERS TO ATTORNEY ON 10-10-2003. 21-2003-819 LAST WILL AND TESTAMENT OF RAYMOND ROBERT PAINTER I, RAYMOND ROBERT PAINTER, of Borough of New Cumberland, Cumberland County, Pennsylvania, being of sound mind and disposing memory, do hereby make this Will, hereby revoking all my former Wills and Codicils: Article One: Tangible Personal Property: § 1.1 I bequeath all my tangible personal property to My Wife, Helen JoAnn Painter (My Wife), if she survives me. If My Wife does not survive me, I bequeath all my tangible personal property in accordance with the terms of a personal property memorandum I may prepare. If no such memorandum is located or received by the Executor within 60 days after being appointed as such, after conducting a reasonable search for such memorandum, the Executor shall be held harmless for distributing such property as hereinafter provided. §1.2 If My Wife does not survive me, I bequeath such property not disposed of by such memorandum, or all of such property if no such memorandum is located or received, to my daughter, Anita Jo Painter of Burbank, CA, per stirpes. §1.3 To the extent practicable in the Executor's sole discretion, I bequeath any policies of insurance on such property to the beneficiary entitled to such property. § 1.41 direct that the expenses of storing, packing, shipping, insuring and delivering any such property to the beneficiary entitled thereto shall be paid by the Executor as an administrative expense of my estate. Article Two: Residue: §2.1 I bequeath and devise all the residue of my estate, of whatever nature and wherever situated, including any property over which I have a power of appointment, to My Wife. If My Wife does not survive me, then I bequeath and devise all the residue of my estate to my daughter, Anita Jo Painter, per stirpes, subject to the provisions of §2.2 hereinafter. {}2.2 I give to the Trustee hereinafter named any share passing hereunder for the benefit of any Beneficiary of mine, who shall not have attained the age of twenty-two (22) years, to be held, administered and disposed of in accordance with the terms of Article Three hereof (the "Beneficiary's Trust") for the benefit of such Beneficiary. Article Three: The Benefieiary's Trust: §3.1 The Trustee shall hold, manage, invest and reinvest the assets of the Beneficiary's Trust, collect the income thereof and: §3.1.1 While the beneficiary of the Beneficiary's Trust (the "Beneficiary") is under eighteen (18) years of age, the Trustee shall apply to or for the benefit of the Beneficiary so much of the net income and, if the net income is insufficient, so much of the principal of the Beneficiary's Trust as the Trustee shall from time to time deem necessary or proper for the Beneficiary's health, maintenance, support and complete education, including preparatory, college and graduate education, and professional, vocational or technical training, taking into account other available funds, including the Beneficiary's assets. The Trustee shall annually accumulate any net income not so distributed and add the same to the principal of the trust property. §3.1.2 After the Beneficiary attains eighteen (18) years of age, the Trustee shall distribute to or for the benefit of the Beneficiary the net income of the Beneficiary's Trust in quarter-annual installments, or more frequently if the Trustee deems it advisable, and so much of the principal as the Trustee shall from time to time deem necessary or proper for the Beneficiary's health, maintenance, support and complete education, including college and graduate education, and professional, vocational or technical training, and to assist the Beneficiary with reasonable wedding expenses, in the purchase of a principal residence or in the establishment of a profession or business considered a good risk by the Trustee, taking into account other available funds, including the Beneficiary's assets. §3.1.3 Any Beneficiary upon reaching the age of twenty-two (22) years may withdraw any or all of the principal of that Beneficiary's Trust. §3.1.4 If the Beneficiary dies before the complete termination of the Beneficiary's Trust, the Trustee shall distribute the property then held in trust to such persons or corporations, (including the Beneficiary's estate), in such amounts and upon such trusts, terms and conditions, as the Beneficiary by last Will may appoint by specific reference to this general power of appointment; provided, however, any portion of the trust property not subject to the Beneficiary's power of withdrawal immediately prior to the Beneficiary's death may only be appointed to one or more of the Beneficiary's issue, in such amounts and upon such trusts, terms and conditions as the Beneficiary by last Will may appoint by specific reference to this 2 special power of appointment. Any property not so appointed shall be distributed to the Beneficiary's then living issue, per stirpes, or if none, in accordance with the provisions of intestate laws of Pennsylvania. Article Four: Appointment of Fiduciaries: §4.1 I appoint My Wife as Executrix of this Will. If My Wife is unable or unwilling to serve or to complete the administration of my estate for any reason whatsoever, I appoint my daughter, Anita Jo Painter, as first, contingent Executrix of this Will. All references herein to the "Executor" shall mean my originally appointed Executrix, or my contingent Executrix, as the case may be. §4.2 I give my Executor the discretion and authority to name a person or persons, including the Executor, to be the Trustee(s) of any trust which may be created under this will. Article Five: Powers of Fiduciaries: §5.1 No fiduciary under this Will shall be required to give bond or other security for the faithful performance of the fiduciary's duties. §5.2 Any such fiduciary shall have the following powers, in addition to those given by law: §5.2.1 To invest in, accept and retain any real or personal property, including stock of a corporate fiduciary or its holding company, without restriction to legal investments; §5.2.2 To sell, exchange, partition or lease for any period of time any real or personal property and to give options therefor for cash or credit, with or without security; §5.2.3 To borrow money from any person including any fiduciary acting hereunder, and to mortgage or pledge any real or personal property; §5.2.4 To hold shares of stock or other securities in nominee registration form, including that of a clearing corporation or depository, or in book entry form or unregistered or in such other form as will pass by delivery; §5.2.5 To engage in litigation and compromise, arbitrate or abandon claims; §5.2.6 To make distributions in cash, or in kind at current values, or partly in each, allocating specific assets to particular distributes on a non-pro rata basis, and for such purposes to make reasonable determinations of current values; 3 §5.2.7 To make elections, decisions, concessions and settlements in connection with all income, estate, inheritance, gift or other tax returns and the payment of such taxes, without obligation to adjust the distributive share of income or principal of any person affected thereby; §5.2.8 To allocate, in the Executor's sole and absolute discretion, any portion of my exemption under Section 2631 (a) of the Internal Revenue Code to any property as to which I am the transferor, including any property transferred by me during my lifetime as to which I did not make an allocation prior to my death; §5.2.9 To disclaim any interest I may have in any estate if the Executor deems such disclaimer to be in the best interests of my estate and the beneficiaries thereof; {}5.2.10 To terminate any trust created herein, the principal of which is or becomes too small in the Trustee's discretion to make the establishment or continuance of the trust advisable, and to make immediate distribution of the then remaining trust property to the beneficiary then entitled to the income of the trust property or, if there is more than one beneficiary, to the beneficiaries then entitled to the income of the trust property in proportion to their respective interests therein or, if such interests are not defined, in equal shares to such beneficiaries; provided, however, no Trustee shall participate in any decision to terminate such trust if by reason of such termination such trustee could receive a distribution of trust property from such trust as aforesaid. The receipts and releases of the distributee(s) will terminate absolutely the right of all persons who might otherwise have a future interest in the trust, whether vested or contingent, without notice to them and without the necessity of filing an account in any court; and {}5.2.11 To merge any trust created hereunder with any other trust or trusts if the terms of any such trust are then substantially similar and held for the primary benefit of the same person or persons. Article Six: Provision for Taxes: §6.1 All estate taxes, inheritance taxes, transfer taxes and other taxes of a similar nature payable by reason of my death to any government or subdivision thereof upon or with respect to any property subject to any such tax ("Death Taxes"), and any penalties thereon, shall be paid by the Executor as follows: §6.1.1 Death taxes due on the value of items of Tangible Personal Property bequeathed pursuant to Article One shall be paid out of the principal of the residual portion of my estate disposed of by Article Two of this Will. §6.1.2 Death taxes, if any, due on the value of assets such as life insurance policies, 4 my IRAs or Annuities shall be paid out of the proceeds of those assets on a prorate basis before distribution of the balance of the accounts is made to the beneficiaries named in the life insurance policies, IRAs or Annuities. §6.1.3 Any other death taxes due on all other assets shall be paid by the Executor out of the principal of the residual portion of my estate disposed of by Article Two of this Will. Article Seven: Provision for Debts and Expenses: §7.1 I direct that any of my legally enforceable debts, any expenses of my last illness, funeral and burial, and any of the administrative expenses of my estate shall be paid from the principal of the residual portion of my estate disposed of by Article Two of this Will. Article Eight: Miscellaneous Provisions: §8.1 As used in this Will, the term "Intemal Revenue Code" shall mean the Internal Revenue Code of 1986, as amended from time to time, or the corresponding provision of subsequent law. §8.2 Whenever the Fiduciary is to distribute property to or for the benefit of any beneficiary who is under (a) eighteen years of age, or (b) a legal disability or otherwise suffers from an illness or mental or physical disability that would make distribution directly to such beneficiary inappropriate (as determined in the Fiduciary's sole discretion exercised in good faith), the Fiduciary may distribute such property to the person who has custody of such beneficiary, may apply such property for the benefit of such beneficiary, may distribute such property to a custodian for such beneficiary, whether then serving or selected and appointed by the Fiduciary (including the Fiduciary), under any applicable Uniform Transfers to Minors Act or Uniform Gifts to Minors Act, may distribute such property directly to such beneficiary's estate, or may distribute such property directly to such beneficiary (except if any of the conditions hereinbefore described in (b) apply), without liability on the part of the Fiduciary to see to the application of such property. This provision shall not in any way operate to suspend such beneficiary's absolute ownership of such property or to prevent the absolute vesting thereof in such beneficiary. §8.3 Except as otherwise may be provided in this Will, until the property is distributed to and received by any beneficiary hereunder, the principal sums thus held for any beneficiary, respectively, and the income thereof shall not be subject to or liable for any contracts, debts, engagements, liabilities or torts of such beneficiary now or hereafter made, contracted, incurred or committed, but shall be absolutely free from the same, and such beneficiary shall have no power to sell, assign or encumber all or any part of the principal sums or such beneficiary's interest therein, respectively, or the income thereof, or to anticipate the income. {}8.4 If any beneficiary hereunder should die within thirty (30) days after me or within thirty (30) days after any other person the survival of whom determines his rights hereunder, then such beneficiary shall be deemed to have predeceased me or such other person for all purposes hereunder. IN WITNESS WHEREOF, I, RAYMOND ROBERT PAINTER, have hereunto set my hand and seal to this, my last Will, typewritten on seven (7) sheets of paper, including the self-proving attestation clause and signatures of witnesses, this /'~ ~ day of July, 2003. RAYMOND ROBERT PAINTER (SEA ) Signed, sealed, published and declared by the above named RAYMOND ROBERT PAINTER as and for his last Will, in the presence of us and each of us, who, at his request and in his presence and in the presence of each other, have hereunto subscribed our names as witnesses thereto the day and year last above written. /~?gz p ~ _,d/'~ ~7'- P Residing at 6 COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND · SS. We, RAYMOND ROBERT PAINTER, the testator, an4 ./~.~ ~ 6 ~1 tz 0'7'/~.~_"F~ ~- c. ?'~.F-~ , the witnesses, whose names are signed to the attached or foregoing instrument, being first duly sworn, do hereby declare to the undersigned authority that the testator signed and executed the instrument as his last Will; that the testator signed willingly and executed it as his free and voluntary act for the purposes therein expressed; that each subscribing witness in the hearing and sight of the testator signed the Will as a witness and that to the best of his or her knowledge the testator was at that time eighteen (18) years of age or older, of sound mind and under no constraint or undue influence. MOND ROBERT PAINTER J~Withess ' ' ' '- /~Witness /~/ t/" Subscribed, sworn to and acknowledged before me by RAYMOND ROBERT PAINTER, the testator, and subscribed and sworn to before me by , r'~_q~l tl~ /, l~/d/~ ~.~' and ,the witnesses, this / .~7'~4 day of July, 2003. Notary Public My Commission expires: SEAL 7 CERTIFICATION OF NOTICE UNDER RULE 5.6(a) Name of Decedent: Raymond Robert Painter. Date of Death: July 27, 2003 File No. 2003- 0819 PA File No.21-03-0819 To the Register: I certify that notice of beneficial interest required by Rule 5.6 (a) of the Orphans' Court Rules was served on or mailed to the following beneficiaries of the above-captioned estate on November 17, 2003: Name Address Helen JoAnn Painter Anita Jo Painter 421 Hillside Road New Cumberland, PA 17070-1863 7820 Via Genova Burbank, CA 91504 Notice has now been given to all persons entitled under Rule 5.6 (a) except: None. Date: November 17, 2003. Name: S. Berne Smith, Esq. I.D. No. 07254 Address: 107 N. 24th Street Camp Hill, PA 17011-3602 Telephone: 717-737-6789 Capacity: X Personal Representative Counsel for Personal Representative OMMONWEALTHOF PENNSYLVANIA DEPARTMENTOFREVENUE DEPT28C601 HARRISBURG, PA 17128~3601 REV - 1500 INHERITANCE TAX RETURN RESIDENT DECEDENT NUMBER DECEDENT'S NAME (LAST, FIRST, AND MIDDLE INITIAL) DATE OF DEATH F BIRTH SURVIVING SPOUSE'S NAME (LAST, FIRST, AND MIDDLE INITIAL) 1. Original Return ¢. Limited Estate B. Decedent Died Testate (Attach copy of Will) 9. Litigation Proceeds Received SOCIAL SECURITY NUMBER THIS RETURN MUST BE FILED IN DUPLICATE WITH THE REGISTER OF WILLS SOCIAL SECURITY NUMBER 176-34-8063 3. Remainder Return (d~te of death pSor to 12 13-82) 4a. Future Interest Comprise (de~eofdeathelte~12-12~2) 5. Federal Estate Tax Return Required Decedent Maintained a Living Trust (A~ach a copy of Trust) i~ 8. Tota Number of Safe Deposit Boxes ~11. Election to tax under Sec, 9113(A) THIS SECTION MUST BE COMPLETED. ALL CORRESPONDENCE AND CONFIDENTIAL TAX INFORMATION SHOULD BE DIRECTED TO: NAME COMPLETE MAILING ADDRESS FIRM NAME (If Applicable) OFFICIAL USE ONLY Z 1. Real Estate (Schedule A) (1) $14,500.00 2. Stocks and Bonds (Schedule B) (2) ~'~,~.98 ~ ~.oo 3. Closely Held Corporation, Partnership or Sole-Proprietorship (3) ,, 4 Mortgages & Notes Receivable (Schedule D) (4) Cash, Bank Deposits & Misc. Personal Property (Schedule E) (5) ~ $0.00 Jointly Owned Property (Schedule F) (6) C ~"1 ~0.00 ~i Separate Billing Requested Inter-Vivos Transfers & Misc. Non-Probate Property (7) ~ ~.00 (Schedule G or L) 8. Total Gross Assets (fetal Lines 1-7) (8) 9. Funeral Expenses & Administrative Costs (Schedule H) (9) $0.00 10. Debts of Decedent, Mortgage Liabilities & Liens (Schedule I) (10) $0.00 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 (13) made (Schedule J) 14~ Net Value Subject to Tax (Line 12 minus Line 13) (14) $29,500.98 $29,50098 $29,500.98 SEE INSTRUCTIONS ON REVERSE SIDE FOR APPLICABLE RATES 15. Amourtt of line 14 taxable at the spousal tax i x · ate, or transfers under Sec. 9116 (a)(l 2) ~ ~ (15) 16, Amount of line 14 taxable at lineal rate 17. Amount of line 14 taxable at sibling rate 18. Amount of line 14 taxable at collateral rate 19~ Tax Due $0.00 x (10) $0.00 x .12 (17) $0.00 x .15 (18) $0 00 (18) $0.00 Copyright 2000 David Jmes Thorpe, Esq Decedent's Complete Address: Tax Payments and Credits: 1. Tax Due (Page 1 Line 19) 2. Credits/Payments A. Spousal Poverty Credit B Prior Payments C Discount 3. Interest/Penalty if applicable D. Interest E Penalty Total Credits (A + B + C) Total Interest/Penalty (D + E) (1) (2) $0.00 $0.00 $0.00 (3) If line 2 is greater than line 1 + line 3, enter the difference. This is the OVERPAYMENT. Check box on Page f Line 20 to request a refund (4) 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. Make Check Payable to: REGISTER OF WILLS, AGENT (SA) (sa) $0.00 PLEASE ANSWER THE FOLLOWING QUESTIONS BY PLACING AN X IN THE APPROPRIATE BLOCKS 1 Did decedent make a transfer and: a. retain the use or income of the pmparty transferred; b. retain the right to designate who shall use the property transferred or its income; c. retain a revisionary interest; or d. receive the promise for life of either payments, benefits or care? 2. If death occurred on or before December 12, 1982, did decedent within two years preceding death transfer property without receiving adequate consideration? 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-probeta propart¥? Yes No IF THE ANSWER TO ANY OF THE ABOVE QUESTIONS IS YES, YOU MUST COMPLETE SCHEDULE G AND FILE IT AS PART OF THE RETURN. Under penalties of parsul/, I dec,are that I have examined this return, including accompanying schedules and slatements, 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 the information of which preparer has any knOwledge. SIGNATURE OF PERSON RESPONSIBLE FOR FILING RETURN DATE HELLEN JOANN PAINTER, EXECUTRIX ADDRESS SIGNATURE OF PREPAR S BERNE SMITH, ESQ. ADDRESS t07 N. 24TH STREET, CAMP HILL, PA 17011-3602 DATE 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 3% [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 0% [72 P.S. §9116 (a) (1.1) (ii)]. The statute does no exempt a transfer to a surviving spouse from tax, and the statuto~J 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 0% [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 4.5%, 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 12% [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. Copyright 2000 David James Thorpe, Esq. OOM~O.~V~*LT' OF"~""8~LVAN'A SCHEDULE A I INHERITANCE TAX RETURN R~$,OE.T O~CE~ENT REAL ESTATE ESTATE OF All real property owned solely or as a tenant in common must be reported at fair market value. Fair market value is defined as the price at which properly would be exchanged between a willing buyer and a willing seller, neither being compelled to buy or sell, beth having reasonable knowledge of the relevant facts. Real prope~¥ which is Jointly- owned with right of survlvomhip must be disclosed on Schedule F. ITEM DESCRIPTION VALUE AT DATE NUMBER OF DEATH 1. TOTAL (Also enter on tine 1, Recapitulation) $14,500.00 (If more space is needed, insert additional sheets of the same size) Copyright 2000 David James Thorpe, Esq. COMMONWEALTH OF PENNSYLVANIA INHERITANCE TAX RETURN RESIDENT DECEDENT SCHEDULE B STOCKS & BONDS ESTATE OF RAYMOND ROBERT PAINTER FILE NUMBER 21-03-0819 All property jointly-owned with right of survivorship must be disclosed on Schedule F. ITEM NUMBER t. 3. DESCRIPTION VALUE AT DATE OF DEATH TOTAL (Also enter on line 2, Recapitulation) $15,000.98 (If more space is needed, insert additional sheets of the same size) Copyright 2000 David James Thorpe, Esq COMMONWEALTH OF PENNSYLVANIA INHERITANCE TAX RETURN RESIDENT DECEDENT SCHEDULE J BENEFICIARIES ESTATE OF RAYMOND ROBERT PAINTER FILE NUMBER NUMBER NAME AND ADDRESS OF PERSON(S) RECEIVING PROPERTY TAXABLE DISTRIBUTIONS (inc ude outr ght spousal distributions) RELATIONSHIP TO DECEDENT DO Not LIst Trustee(s) 21-03-0819 -~NTER DOLLAR AMOUNTS FOR DISTRIBUTtONS SHOWN ABOVE ON LINES 15 THROUGH 17, AS APPROPRIATE, ON REV 1500 COVER SHEET II. NON-TAXABLE DISTI~IBUTION$: ~,. SPOUSAL DISTRIBUTIONS UNDER SECTION 9113 FOR WHICH AN ELECTION TO TAX IS NOT BEING MADE TOTAL OF PART II - ENTER TOTAL NON-TAXABLE DISTRIBUTIONS ON LINE 13 OF REV 1500 COVER SHEET $0.00 (If more space is needed, insert additional sheets of the same size) Copyright 2000 David James Thorpe, Esq LAST WILL AND TESTAMENT OF RAYMOND ROBERT PAINTER I, RAYMOND ROBERT PAINTER, of Borough of New Cumberland, Cumberland County, Pennsylvania, being of sound mind and disposing memory, do hereby make this Will, hereby revoking all my former Wills and Codicils: Article One: Tangible Personal Property: § 1.1 I bequeath all my tangible personal property to My Wife, Helen JoAnn Painter (My Wife), if she survives me. If My Wife does not survive me, I bequeath all my tangible personal property in accordance with the terms of a personal property memorandum I may prepare. If no such memorandum is located or received by the Executor within 60 days after being appointed as such, after conducting a reasonable search for such memorandum, the Executor shall be held harmless for distributing such property as hereinafter provided. §1.2 If My Wife does not survive me, I bequeath such property not disposed of by such memorandum, or all of such property if no such memorandum is located or received, to my daughter, Anita Jo Painter of Burbank, CA, per stirpes. §1.3 To the extent practicable in the Executor's sole discretion, I bequeath any policies of insurance on such property to the beneficiary entitled to such property. § 1.41 direct that the expenses of storing, packing, shipping, insuring and delivering any such property to the beneficiary entitled thereto shall be paid by the Executor as an administrative expense of my estate. Article Two: Residue: §2.1 I bequeath and devise all the residue of my estate, of whatever nature and wherever situated, including any property over which 1 have a power of appointment, to My Wife. If My Wife does not survive me, then I bequeath and devise all the residue of my estate to my daughter, Anita Jo Painter, per stirpes, subject to the provisions of §2.2 hereinafter. 1 {}2.2 I give to the Trustee hereinafter named any share passing hereunder for the benefit of any Beneficiary of mine, who shall not have attained the age of twenty-two (22) years, to be held, administered and disposed of in accordance with the terms of Article Three hereof (the "Beneficiary's Trust") for the benefit of such Beneficiary. Article Three: The Beneficiary's Trust: {}3.1 The Trustee shall hold, manage, invest and reinvest the assets of the Beneficiary's Trust, collect the income thereof and: {}3.1.1 While the beneficiary of the Beneficiary's Trust (the "Beneficiary") is under eighteen (18) years of age, the Trustee shall apply to or for the benefit of the Beneficiary so much of the net income and, if the net income is insufficient, so much of the principal of the Beneficiary's Trust as the Trustee shall from time to time deem necessary or proper for the Beneficiary's health, maintenance, support and complete education, including preparatory, college and graduate education, and professional, vocational or technical training, taking into account other available funds, including the Beneficiary's assets. The Trustee shall annually accumulate any net income not so distributed and add the same to the principal of the trust property. {}3.1.2 After the Beneficiary attains eighteen (18) years of age, the Trustee shall distribute to or for the benefit of the Beneficiary the net income of the Beneficiary's Trust in quarter-annual installments, or more frequently if the Trustee deems it advisable, and so much of the principal as the Trustee shall from time to time deem necessary or proper for the Beneficiary's health, maintenance, support and complete education, including college and graduate education, and professional, vocational or technical training, and to assist the Beneficiary with reasonable wedding expenses, in the purchase of a principal residence or in the establishment of a profession or business considered a good risk by the Trustee, taking into account other available funds, including the Beneficiary's assets. {}3.1.3 Any Beneficiary upon reaching the age of twenty-two (22) years may withdraw any or all of the principal of that Beneficiary's Trust. {}3.1.4 If the Beneficiary dies before the complete termination of the Beneficiary's Trust, the Trustee shall distribute the property then held in trust to such persons or cozporations, (including the Beneficiary's estate), in such amounts and upon such trusts, terms and conditions, as the Beneficiary by last Will may appoint by specific reference to this general power of appointment; provided, however, any portion of the trust property not subject to the Beneficiary's power of withdrawal immediately prior to the Beneficiary's death may only be appointed to one or more of the Beneficiary's issue, in such amounts and upon such trusts, terms and conditions as the Beneficiary by last Will may appoint by specific reference to this special power of appointment. Any property not so appointed shall be distributed to the Beneficiary's then living issue, per stirpes, or if none, in accordance with the provisions of intestate laws of Pennsylvania. Article Four: Appointment of Fiduciaries: §4.1 I appoint My Wife as Executrix of this Will. If My Wife is unable or unwilling to serve or to complete the administration of my estate for any reason whatsoever, I appoint my daughter, Anita Jo Painter, as first, contingent Executrix of this Will. All references herein to the "Executor" shall mean my originally appointed Executrix, or my contingent Executrix, as the case may be. §4.2 I give my Executor the discretion and authority to name a person or persons, including the Executor, to be the Trustee(s) of any trust which may be created under this will Article Five: Powers of Fiduciaries: §5.1 No fiduciary under this Will shall be required to give bond or other security for the faithful performance of the fiduciary's duties. §5.2 Any such fiduciary shall have the following powers, in addition to those given by law: §5.2.1 To invest in, accept and retain any real or personal property, including stock of a corporate fiduciary or its holding company, without restriction to legal investments; {}5.2.2 To sell, exchange, partition or lease for any period of time any real or personal property and to give options therefor for cash or credit, with or without security; §5.2.3 To borrow money from any person including any fiduciary acting hereunder, and to mortgage or pledge any real or personal property; §5.2.4 To hold shares of stock or other securities in nominee registration form, including that of a clearing corporation or depository, or in book entry form or unregistered or in such other form as will pass by delivery; {}5.2.5 To engage in litigation and compromise, arbitrate or abandon claims; §5.2.6 To make distributions in cash, or in kind at current values, or partly in each, allocating specific assets to particular distrthutes on a non-pro rata basis, and for such purposes to make reasonable determinations of current values; 3 {}5.2.7 To make elections, decisions, concessions and settlements in connection with all income, estate, inheritance, gift or other tax returns and the payment of such taxes, without obligation to adjust the distributive share of income or principal of any person affected thereby; {}5.2.8 To allocate, in the Executor's sole and absolute discretion, any portion of my exemption under Section 2631 (a) of the Internal Revenue Code to any property as to which 1 am the transferor, including any property transferred by me during my lifetime as to which I did not make an allocation prior to my death; {}5.2.9 To disclaim any interest 1 may have in any estate if the Executor deems such disclaimer to be in the best interests of my estate and the beneficiaries thereof; {}5.2.10 To terminate any trust created herein, the principal of which is or becomes too small in the Trustee's discretion to make the establishment or continuance of the trust advisable, and to make immediate distribution of the then remaining trust property to the beneficiary then entitled to the income of the trust property or, if there is more than one beneficiary, to the beneficiaries then entitled to the income of the trust property in proportion to their respective interests therein or, if such interests are not defined, in equal shares to such beneficiaries; provided, however, no Trustee shall participate in any decision to terminate such trust if by reason of such termination such trustee could receive a distribution of trust property from such trust as aforesaid. The receipts and releases of the distributee(s) will terminate absolutely the right of all persons who might otherwise have a future interest in the trust, whether vested or contingent, without notice to them and without the necessity of filing an account in any court; and {}5.2.11 To merge any trust created hereunder with any other trust or trusts if the terms of any such trust are then substantially similar and held for the primary benefit of the same person or persons. Article Six: Provision for Taxes: {}6.1 All estate taxes, inheritance taxes, transfer taxes and other taxes of a similar nature payable by reason of my death to any government or subdivision thereof upon or with respect to any property subject to any such tax ("Death Taxes"), and any penalties thereon, shall be paid by the Executor as follows: {}6.1.1 Death taxes due on the value of items of Tangible Personal Property bequeathed pursuant to Article One shall be paid out of the principal of the residual portion of my estate disposed of by Article Two of this Will. {}6.1.2 Death taxes, if any, due on the value of assets such as life insurance policies, 4 my IRAs or Annuities shall be paid out of the proceeds of those assets on a prorate basis before distribution of the balance of the accounts is made to the beneficiaries named in the life insurance policies, IRAs or Annuities. {}6.1.3 Any other death taxes due on all other assets shall be paid bY the Execut°r °ut of the principal of the residual portion of my estate disposed of by Article Two of this Will. Article Seven: Provision for Debts and Expenses: {}7.1 I direct that any of my legally enfomeable debts, any expenses of my last illness, funeral and burial, and any of the administrative expenses of my estate shall be paid from the principal of the residual portion of my estate disposed of by Article Two of this Will. Article Eight: Miscellaneous Provisions: {}8.1 As used in this Will, the term "Internal Revenue Code" shall mean the Internal Revenue Code of 1986, as amended from time to time, or the corresponding provision of subsequent law. {}8.2 Whenever the Fiduciary is to distribute property to or for the benefit of any beneficiary who is under (a) eighteen years of age, or (b) a legal disability or otherwise suffers from an illness or mental or physical disability that would make distribution directly to such beneficiary inappropriate (as determined in the Fiduciary's sole discretion exercised in good faith), the Fiduciary may distribute such property to the person who has custody of such beneficiary, may apply such property for the benefit of such beneficiary, may distribute such property to a custodian for such beneficiary, whether then serving or selected and appointed by the Fiduciary (including the Fiduciary), under any applicable Uniform Transfers to Minors Act or Uniform Gifts to Minors Act, may distribute such property directly to such beneficiary's estate, or may distribute such property directly to such beneficiary (except if any of the conditions hereinbefore described in (b) apply), without liability on the part of the Fiduciary to see to the application of such property. This provision shall not in any way operate to suspend such beneficiary's absolute ownership of such property or to prevent the absolute vesting thereof in such beneficiary. {}8.3 Except as otherwise may be provided in this Will, until the property is distributed to and received by any beneficiary hereunder, the principal sums thus held for any beneficiary, respectively, and the income thereof shall not be subject to or liable for any contracts, debts, engagements, liabilities or torts of such beneficiary now or hereafter made, contracted, incurred or committed, but shall be absolutely free from the same, and such beneficiary shall have no power to sell, assign or encumber all or any part of the principal sums or such beneficiary's interest therein, respectively, or the income thereof, or to anticipate the income. §8.4 If any beneficiary hereunder should die within thirty (30) days after me or within thirty (30) days after any other person the survival of whom determines his rights hereunder, then such beneficiary shall be deemed to have predeceased me or such other person for all purposes hereunder. IN WITNESS WHEREOF, l, RAYMOND ROBERT PAINTER, have hereunto set my hand and seal to this, my last Will, typewritten on seven (7) sheets of paper, including the self-proving attestation clause and signatures of witnesses, this /q' ~ day of July, 2003. RAYMOND ROBERT PAINTER (SEAL) Signed, sealed, published and declared by the above named RAYMOND ROBERT PAINTER as and for his last Will, in the presence of us and each of us, who, at his request and in his presence and in the presence of each other, have hereunto subscribed our names as witnesses thereto the day and year last above written. 6 COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND : SS. We, RAYMOND ROBERT PAINTER, the testator, anc[ /'"]~/t 6 4 gZ c--'7' ,q~,_"~a a ~-/'.~.~ , the witnesses, whose names are signed to the attached or foregoing instrument, being first duly sworn, do hereby declare to the undersigned authority that the testator signed and executed the instrument as his last Will; that the testator signed willingly and executed it as his free and voluntary act for the purposes therein expressed; that each subscribing witness in the hearing and sight of the testator signed the Will as a witness and that to the best of his or her knowledge the testator was at that time eighteen (18) years of age or older, of sound mind and under no constraint or undue influence. I~AYMOND ROBERT PAINTER ¥~ness /] '-witness ' ///Witness ~ // 'J Subscribed, sworn to and acknowledged before me by RAYMOND ROBERT PAINTER, the testator, and subscribed and sworn to before me by Z. and ,the witnesses, this / ~¢4 day of July, 2003. My Commission expires: SEAL I., NOTARIAL SEAL PJCNARD A. CAIRO. Notary Public ~ el' Narrisburg. Dauphin Counly iLIl~ ~,,ommis~o~ Expires ~c 7 June 28, 2004 S. Berne Smith Attorney-at-Law 107 N. 24* Street Camp Hill, PA 17011-3602 RE: Estate of R. Robert Painter Dear Berne: Since I was not getting anywhere with Frank Kelly, I called a friend of Anita's (John Desanto, Jr.) who offered his assistance when Bob passed away. Bob got him interested in Masons, and he has been a member for years. We accomplished more in 3.5 hours than Frank has in the last six months. An estate account (5116-4646) has been set up with Charles Schwab. We are in the process of transferring the Waddell & Reed stocks and the H.D. Vest estate account to the Schwab estate account. MONY has already been transferred. The following is information you need for the state concerning the stocks and value at the time of Bob's death. Stock High Low No. of Shares MONY (MNY) 31.27 31.24 100 Dow Chemical (DOW) 39.79 39.41 120 Praxair (PX) 37.99 37.55 75 Waddell & R6ad (W&R) 6.40 Average x shares ($31.26= $3,126.00) ($39.60 = $4,039.20) ($37.77 = $2,822.75) We also set up an IRS Estate ID 16-6550788 per a copy of the correspondence from the IRS. I retired last Friday (June 25), so you can call me at home if you have any questions. If you want to speak with John, his telephone number is (717) 257-3933. 1 hope you are on the mend from your surgery; I have thought about you often. I was working 9- 11 hours a day, so I did not get much else done these last two weeks but work. Thank you for your assistance. Sincerely, H. JoAnn Painter, Executrix Estate ofR. RobertPainter Enclosure cc: J.M. Desanto, Jr., Charles Schwab STATUS REPORT UNDER RULE 6.12 Name of Decedent: RAYMOND ROBERT PAINTER Date of Death: July 27, 2003. FileNo. 2003-0819 Admin. No. 21-03-0819 Pursuant to Rule 6.12 of the Supreme Court Orphans' Court Rules, I report the following with respect to completion of the administration of the above-captioned estate: 1. State whether administration of the estate is complete: Yes X No ~ 2. If the answer is No, state when the personal representative reasonably believes that the administration will be complete: Not applicable. 3. If the answer to No. 1 is Yes, state the following: Did the personal representative file a final account with the Court? Yes No X B. The separate Orphans' Court No. (if any) for the personal representative's account is: Not applicable. Co interest? Yes Did the personal representative state an account informally to the parties in No X D. Copies of receipts, releases, j oinders and approvals of formal or informal accounts may be filed with the Clerk of the Orphans' Court and may be attacked to this report. Date: July27,2004 ~ ~A'~v~~ ,~~, .~)~ Signature S. Berne Smith, Esq. Name (Please type or print) Address: 107 N. 24th Street Camp Hill, PA 17011-3602 Telephone No. 717-737-6789 X Personal Representative Counsel for personal representative ~~\J - ~~\::. BUREAU OF INDIVIDUAL TAXES INHERITANCE TAX DIVISION DEPT. 280601 HARRISBURG, PA 17128-0601 COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF REVENUE NOTICE OF INHERITANCE TAX APPRAISEMENT, ALLOWANCE OR DISALLOWANCE OF DEDUCTIONS AND ASSESSMENT OF TAX REV-1547 EX AFP 'Ui-US) S BERNE SMITH ESQ 107 N 24TH ST CAMP HILL PA 17011 DATE ESTATE OF DATE OF DEATH FILE NUMBER COUNTY ACN 09-20-2004 PAINTER 07-27-2003 21 03-0819 CUMBERLAND 101 RAYMOND R Amount Remitted MAKE CHECK PAYABLE AND REMIT PAYMENT TO: REGISTER OF WILLS CUMBERLAND CO COURT HOUSE CARLISLE, PA .......11013 CUT ALONG THIS LINE ~ RETAIN LOWER PORTION FOR YOUR RECOR@;- ~ :. ----------------------------------------------------------------------------------.-------~-------------------- REV-lS47 EX AFP (01-03) NOTICE OF INHERITANCE TAX APPRAISEMENT, AL~OWANCE OR . DISALLOWANCE OF DEDUCTIONS AND ASSESSMENT OF TAX (~ Pi ESTATE OF PAINTER RAYMOND R FILE NO. 21 03-0819 ACN 101 -uDATE 09-20-2004 --- TAX RETURN WAS: (X) ACCEPTED AS FILED CHANGED --J RESERVATION CONCERNING FUTURE INTEREST - SEE REVERSE APPRAISED VALUE OF RETURN BASED ON: ORIGINAL RETURN 1. Real Estate (Schedule A) 2. Stocks and Bonds (Schedule B) 3. Closely Held Stock/Partnership Interest (Schedule C) 4. Mortgages/Notes Receivable (Schedule D) 5. Cash/Bank Deposits/Misc. Personal Property (Schedule E) 6. Jointly Owned Property (Schedule F) 7. Transfers (Schedule G) 8. Total Assets r.......J (1) (2) (3) (4) (5) (6) (7) 14,5UO.00 15,000.98 .00 .00 .00 .00 .00 (8) t~OTE: To insure proper credit to your account, submit the upper portion of this form with your tax payment. 29,500.98 APPROVED DEDUCTIONS AND EXEMPTIONS: 9. Funeral Expenses/Adm. Costs/Misc. Expenses (Schedule H) 10. Debts/Mortgage Liabilities/Liens (Schedule I) 11. Total Deductions 12. Net Value of Tax Return 13. Charitable/Governmental Bequests; Non-elected 9113 Trusts (Schedule J) 14. Net Value of Estate Subject to Tax (9) (10) .00 .00 (11) (2) (3) (4) .00 29,500.98 .00 29,500.98 NOTE: If an assessment was issued previously, lines 14, 15 and/or 16, 17, 18 and 19 will reflect figures that include the total of ALL returns assessed to date. ASSESSMENT OF TAX: 15. Amount of Line 14 at Spousal rate US) 29,500.98 X 00 = .00 16. Amount of Line 14 taxable at Lineal/Class A rate (6) .00 X 045 = .00 17. Amount of Line 14 at Sibling rate (7) .00 X 12 = .00 18. Amount of Line 14 taxable at Collateral/Class B rate (8) .00 X 15 = .00 19. Principal Tax Due (9)= .00 TAX CREDITS: ~".n"'n' ,~..~~, 1+) AMOUNT PAID DATE NUMBER INTEREST/PEN PAID (-) TOTAL TAX CREDIT .00 BALANCE OF TAX DUE .00 INTEREST AND PEN. .00 TOTAL DUE .00 1-- . IF PAID AFTER DATE INDICATED, SEE REVERSE FOR CALCULATION OF ADDITIONAL INTEREST. IF TOTAL DUE IS LESS THAN $1, NO PAYMENT IS REQUIRED. IF TOTAL DUE IS REFLECTED AS A "CREDIT" (CR), YOU MAY BE DUE A REFUND. SEE REVERSE SIDE OF THIS FORM FOR INSTRUCTIONS.)