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HomeMy WebLinkAbout03-08-11a 1505607121 REV-1500 EX (06-05) OFFICIAL USE ONLY , PA Department of Revenue Bureau of individual Taxes INHERITANCE TAX RETURN County Code Year File Number PO BOX 280601 2 1 1 D 6 7 Harrisbur , PA 17128-0601 RESIDENT DECEDENT ENTER DECEDENT INFORMATION BELOW Social Security Number Date of Death Date of Birth 1 9 1 2 8 6 5 8 4 1 2 2 0 2 0 0 9 1 1 1 0 1 9 3 4 Decedent's Last Name Suffix Decedent's First Name MI K e n n e d y W i l l i a m R (If Applicable) Enter Surviving Spouse's Information Below Spouse's Last Name Suffix Spouse's First Name MI T h o m a s- K e n n e d y D e n i s e M Spouse's Socia! Security Number 2 0 1 4 8 8 ? 3 9 THIS RETURN MUST BE FILED IN DUPLICATE WITH THE REGISTER OF WILLS FILL IN APPROPRIATE OVALS BELOW 1. Original Return ~ 2. Supplemental Return ~ 3. Remainder Return (date of death prior to 12-13-82) 4. Limited Estate ~ 4a. Future Interest Compromise (date of ~ 5. Federal Estate Tax Return Required death after 12-12-82) 6. Decedent Died Testate ~ 7. Decedent Maintained a Living Trust 0 8. Total Number of Safe Deposit Boxes (Attach Copy of Will) (Attach Copy of Trust) 9. Litigation Proceeds Received ~ 10. Spousal Poverty Credit (date of death ~ 11. Election to tax under Sec. 9113(A) between 12-31-91 and 1-1-95) (Attach Sch. O) CORRESPONDENT -THIS SECTION MUST BE COMPLETED. ALL CORRESPONDENCE AND CONFIDENTIAL TAX INFORMATION SHOULD BE DIRECTED T0: Name Daytime Telephone Number W a y n e F S h a d e ? 1? 2 4 3 0 ~:;~ 2 0 Firm Name (If Applicable} _ n _ 'i° '~, REGISTEi~Q LS USILY ~ s~.; +.~ ~ r .~._' .~C ~ ~ ~ _ ~~ First line of address r =~ ~~ r t , ~ ~`~ ~ CX~ { 5 3 W e s t P o m f r e t S t r e e t ' ~:? r~ ~~ Second line of address ~~; :~~ : ~,~ _- p `''~ Q -ri City or Post Office State ZIP Code DATE FILED `~"~ C a r l i s l e P A 1 7 0 1 3 Correspondent's a-mail address: WayriefShade(a~COmCast.riet Under penalties of perjury, I declare that I 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. SIGNATURE OF PERSO NSIBLE FOR FILING RETURN ~ ~~ E t t ADDRESS 53 West Pomfret Street Carlisle PA 1?013 SIGNATURE OF PREPAF~.~1F}f~ THAN REPRESENTATIVE DATE ~_ i 53 West Pomfret Street Carlisle PA 1?013 PLEASE USE ORIGINAL FORM ONLY Side 7 150560?121 150560?121 J J 1505607221 REV-1500 EX Decedent's Social Security Number Decedent's Name: W i 11 i a m R• K e n n e d y 1 9 1 2 8 6 5 8 4 RECAPITULATION 1. Real estate (Schedule A) ........................................ 1. • 2. Stocks and Bonds (Schedule B) ................................. . 2. • 3. Closely Held Corporation, Partnership or Sole-Proprietorship (Schedule C) ..... 3. • 4. Mortgages & Notes Receivable (Schedule D) ........................ 4. • 5. Cash, Bank Deposits & Miscellaneous Personal Property (Schedule E) ....... 5. 9 0 1 4 7 • 7 8 6. Jointly Owned Property (Schedule F) ^ 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 0 1 4 7. 7 8 9. Funeral Expenses & Administrative Costs (Schedule H) ................ 9. 1 7 8 3 5 . 1 1 10. Debts of Decedent, Mort a e Liabilities, & Liens Schedule I 9 9 ( ) .. .......... 10. 8 5 7 3 5• 2 5 11. Total Deductions (total Lines 9& 10) ................. .......... 11. 1 0 3 5 7 0. 3 6 12. Net Value of Estate (Line 8 minus Line 11) ............... .......... 12. - 1 3 4 2 2 . 5 8 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 3 4 2 2 . 5 8 TAX COMPUTATION -SEE INSTRUCTIONS FOR APPLICABLE RATES 15. Amount of Line 14 taxable at the spousal tax rate, or transfers under Sec. 9116 (a)(1.2) x .0 0 0 0 15. 0. 0 0 16. Amount of Line 14 taxable at lineal rate X .0 0. 0 0 1 g 0. 0 0 17. Amount of Line 14 taxable at sibling rate X .12 0 ~ 0 17. 0. 0 0 18. Amount of Line 14 taxable O at collateral rate X .15 O 0 18 O • ~ 0 19. Tax Due ....................................... ......... 19. 0 . 0 0 20. FILL IN THE OVAL IF YOU ARE REQUESTING A REFUND OF AN OVERPAYMENT Side 2 1505607221 1505607221 REV-150fii EX Page 3 File Number .Decedent's Complete Address: 21 10 67 DECEDENT'S NAME William R. Kennedy STREET ADDRESS 351 York Road T STATE ZIP CITY Carlisle ' PA 17013 Tax Payments and Credits: 1. Tax Due (Page 2 Line 19) (1) 0.00 2. Credits/Payments A. Spousal Poverty Credit B. Prior Payments C. Discount Total Credits (A + B + C) (2) 0.00 3. Interest/Penalty if applicable D. Interest E. Penalty Total InterestlPenalty (D + E) (3) 0.00 4. If Line 2 is greater than Line 1 + Line 3, enter the difference. This is the OVERPAYMENT. Fill in oval on Page 2, Line 20 to request a refund. (4) 0.00 5. If Line 1 + Line 3 is greater than Line 2, enter the difference. This is the TAX DUE. (5) 0.00 A. Enter the interest on the tax due. (5A) B. Enter the total of Line 5 + 5A. This is the BALANCE DUE. (5B) 0.00 Make Check Payable fo: REGISTER OF WILLS, AGENT 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 : ...................................................................... ^ ^X b. retain the right to designate who shall use the property transferred or its income; ............................... ^ 0 c. retain a reversionary interest; or ................................................................................................ ^ 0 ^ 0 d. receive the promise for life of either payments, benefits 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 "intrust 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 designation? .................................................................................................. ^ 0 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 exempt a transfer to a surviving spouse from tax, and the statutory requirements for disclosure of assets and filing a tax return are still applicable even if the surviving spouse is the only beneficiary. For dates of death on or after July 1, 2000: The tax rate imposed on the net value of transfers from a deceased childtwenty-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)]. Asibling 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-1508 EX + (6-98) SCHEDULE E COMMONWEALTH OF PENNSYLVANIA CASH, BANK DEPOSITS, & MISC. INHERITANCE TAX RETURN PERSONAL PROPERTY RESIDENT DECEDENT ESTATE OF FILE NUMBER William R. Kennedy 21 10 67 Include the proceeds of litigation and the date the proceeds were received by the estate. All property jointly-owned with right of survivorship must be disclosed on Schedule F. ITEM VALUE AT DATE NUMBER DESCRIPTION OF DEATH ~ . Cas 2 , .5 2. ~ 4 burial plots 3. 11992 Chevrolet Blazer 4. 1955 Ford F-100 pick-up truck 5. 1957 Ford Thunderbird without engine 6. Hemmings Motor News, refund of unused subscription 7. AAA, refund of unused membership 8. ~ Erie Insurance Group, automobile insurance premium refund 595.00 850.00 55,000.00 6,000.00 37.88 30.40 5.00 TOTAL (Also enter on line 5, Recapitulation)' $ 90,147.78 (1f more space is needed, insert additional sheets of the same size) William H Smirh 2083 Schoolhouse Rd. Middletovrrn, PSI 17057 (717) 948-0935 September 9, 2009 Bill Kennedy 351 York Rd. Carlisle, PA 17013 RE: 1955 Ford F-100 Modified Vin: F10D4N16011 Color:1991 GMC Sea Foam Green VEHICLE CONDITION: This vehicle is in # 1 Condition. Qualifications 1979 & 1980 President of the Antique Automobile Club of America ' National Judge with more than 150 judging'credits Executive Director of the Antique Automobile Club of America for 17 years AACA Library & Research Center past director and past president AACA Museum Board Member and past president I Former member of SEMA and ARMO I 2005 Meguiar's Person of the year Certified Appraiser with lnternationa{ Vehicle Appraisers Network (I-VAN) This certifies that on August 27, 2009, William H. Smith has hereunto appraised the above-mentioned 1955 Ford F-100 in the range of $55,000.00 (Fifty-five thousand dollars). This appraisal was based upon the overall condition of the vehicle with the knowledge that the motor was started. The value of this vehicle is subject to change due to the fact of deterioration, repeated use and any damage resulting from theft, effects of nature and/or damages out of the control of the owner. This appraisal is made with the understanding that the appraiser assumes no liability with respect to any action that may be taken on the basis of this appraisal. The appraisal of this vehicle is intended to remain valid until such time as the above-mentioned causes may affect the vehicle in any way. Upon such time, this appraisal is subject to change. Wherefore, the appraisal made the day and year first above written is made to the best of my knowledge and belief and is subject to change in accordance with the facets previously listed. ~-- Date: ~ _.._ ~ ,_ ~ ~~ Certified by: G~~!-~t.~-sue-, ~-- . ~y~1.~ William H. Smith Name: Bill Kennedy Address: 351 York Rd. . Carlisle, PA 17013 Date: 8-27-09 Overall Vehicle Condition # 1 Phone: Re: 1955 Ford F-100 Modified Appraisal Amount: $55,000.00 • Paint Color & Condition 1991 GMC Sea Foam Green, #1 • Interior Color Sea Mist Green • Vin No. F l OD4N 16011 • Plate No. CV0628 PA Collector • Miles 23,392 • Engine 462 Cubic Inch, 454 Chevy Big Block Started: Yes • Transmission TA 400 GM • Trunk P.U. Box, Excellent • Tires Verv Good. Micky Thomason • Hubcaps Aluminum wheels & Caps, 14" Fronts, 15" Rears • Glass Excellent • Trim Excellent • Undercarriage Excellent • Runningboards/Doorsills Excellent • Air Conditioner: No Additional Notes; • Power Antenna • This is an outstanding example of one man's ability to construct his dream truck • All special features supplied by owner on attached sheet W.ilh"am H. Smith 2083 Schoolhouse Rd. Middletown, PSI 17057 (717) 948-0935 September 9, 2009 Bill Kennedy 351 York Rd. Carlisle, PA 17013 RE: 1957 Ford T-Bird Vin: D7FH394526 Color: Black VEHICLE CONDITION: This vehicle is in #5 Condition. Qualifications 1979 & 1980 President of the Antique Automobile Club of America National Judge with more than 150 judging credits Executive Director of the Antique Automobile Club of America for 17 years AACA Library & Research Center past director and past president AACA Museum Board Member and past president Former member of SEMA and ARMO 2005 Meguiar's Person of the year Certified Appraiser with International Vehicle Appraisers ~~ Network (I-VAN) This certifies that on August 27, 2009, William H. Smith has hereunto appraised the above-mentioned 1957 Ford T-Bird in the range of $6,000.00 (Six Thousand Dollars). The value of this vehicle is subject to change due to the fact of deterioration, repeated use and any damage resulting from theft, effects of nature and/or damages out of the control of the owner. This appraisal is made with the understanding that the appraiser assumes no liability with respect to any action that may be taken on the basis of this appraisal. The appraisal of this vehicle is intended to remain valid until such time as the above-mentioned causes may affect the vehicle in any way. Upon such time, this appraisal is subject to change. Wherefore, the appraisal made the day and year first above written is made to the best of my knowledge and belief and is ~ subject to change in accordance with the facets previously listed. ~. .~ _ ~, Date: 9 ~ ~ ~' ~ Certified by: Gi,..~~1~~ ~~ ~--'-nu.~~, William H. Smith Name: Bill Kennedy Address: 351 York Rd. Carlisle, PA 17013 Phone: Re: 1957 Ford T-Bird Date: 8-27-09 Overall Vehicle Condition #5 Appraisal Amount: $6,000.00 • Paint Color & Condition Green, Poor • Interior Color Black, Fair • Vin No. D7FH394526 • Plate No. N/A • Miles N/A • Engine No Engine Started: No • Transmission 4 Speed Top Load • Trunk Not Seen • Tires New-but old • Hubcaps Fair • Glass Good • Trim Fair • Undercarriage Used • Runningboards N/A • Air Conditioner: No Additional Notes: • Power Steering • 1970 Last Inspection • Hard Top (has) REV-15~ 1 EX + (10-06) COMMONWEALTH OF PENNSYLVANIA INHERITANCE TAX RETURN RESIDENT DECEDENT SCHEDULE H FUNERAL EXPENSES & ADMINISTRATIVE COSTS ESTATE OF FILE NUMBER William R. Kennedy 21 10 67 Debts of decedent must be reported on Schedule I. ITEM NUMBER DESCRIPTION AMOUNT A. FUNERAL EXPENSES: ~. Ewing Brothers Funeral Home, Inc. 2,046.02 B. ADMINISTRATIVE COSTS: 1. Personal Representative's Commissions Name of Personal Representative (s) Street Address City State Zip Year(s) Commission Paid: 2, Attorney Fees Wayne F. Shade, Esquire (there was litigation) 3, Family Exemption: (If decedent's address is not the same as claimants, attach explanation) Claimant Street Address City State Zip Relationship of Claimant to Decedent 4. Probate Fees Register of Wills of Cumberland County, PA 5 Accountant's Fees 6. Tax Return Preparers Fees 7. J.P. Wolfe Insurance, Inc., homeowner's insurance premium 8. J.P. Wolfe Insurance, Inc., automobile insurance premium 9. Comcast, TV cable 10. AT&T Mobility, cell phone 11. PPL, electric service 12. Grundy Worldwide, insurance on Ford pick-up 13. Cumberland Law Journal, advertise Letters Testamentary 14. Grundy Worldwide, insurance premium 15. The Sentinel, advertise Letters Testamentary 16. Register of Wills, file Complaint for Declaratory Judgment 17. Erie Insurance Group, automobile insurance 18. Register of Wills, file Answer with New Matter TOTAL (Also enter on line 9, Recapitulation} $ (If more space is needed, insert additional sheets of the same size) 13,000.00 315.50 354.00 255.00 29.03 72.98 49.67 33.00 75.00 406.75 198.16 15.00 490.00 15.00 17.835.11 • Continuation of REV-1500 Inheritance Tax Return Resident Decedent William R. Kennedy 21 10 67 Decedent's Name Page 1 File Number Schedule H -Funeral Expenses ~ Administrative Costs - B7. ITEM NUMBER DESCRIPTION AMOUNT 19. Register of Wills, file Inventory 15.00 20. Register of Wills, file inheritance tax return 15.00 21. Reserve for filing Account, etc. 450.00 SUBTOTAL SCHEDULE H-B7 I 480.00 REV-1512 EX + (12-03) SCHEDULE 1 COMMONWEALTH OF PENNSYLVANIA DEBTS OF DECEDENT, INHERITANCE TAX RETURN MORTGAGE LIABILITIES, & LIENS RESIDENT DECEDENT ESTATE OF FILE NUMBER William R Kennedy 21 10 67 Report debts incurred by the decedent prior to death which remained unpaid as of the date of death, including unreimbursed medical expenses. ITEM VALUE AT DATE NUMBER DESCRIPTION OF DEATH 1. Alexander Spring Rehab, Inc., unreimbursed medical expense 85.84 2. West Shore EMS, ambulance service 338.47 3. Wachovia, account # 9708 56,347.83 4. Wachovia, account # 9057 28,963.11 TOTAL (Also enter on line 10, Recapitulation) I $ $5,735.25 (If more space is needed, insert additional sheets of the same size) rax transmittal_ 66/2010 10:0E:03 AM PAGE 1/002 Fax St;rver '~~l~~OA Wachovia Bank Balance Confirmation Services P O Box 40028 Roanoke, VA 24022 April ?, 2014 WAYNE F SHADE ATTORNEY AT LAW ** Reference ID: 3002306 SUBJECT: Verification / Confirmation of Account and Balance Information provided for: Castomer: 'WII,LIAM R KENNI'rDY (SSN# XX~C X~-6584) Date of Death: December 20, 2009 Loan Acco Information Acoouttt Aocauttt Diate of Death Original Date Monthly Ittarest Tithes Id Paid Term Due Type Number Balance Amount Opened Payments Rate Late 'I'hru Date QONSUMER LOAN 708 5112,693.67 LEGAL TITLE: DENISE THOMAS KENNEDY WIU..IAM R KENNEDY FOR MORE INFORMATION ON THIS .ACCOUNT, PLEASE CALL CONSUMER IRAN CUSTOMER SERVICE (c~ 800-347-1131 CONSUMER IRAN OS7 SS7,926.23 6P7.6/2007 LEGAL TITLE: WILLIAM R KENNEDY JR DENISE THOMAS KENNIDY FOR MORE INFORMATION ON THIS ACCOUNT, PLEASE GALL CONSUMER LOAN CUSTOMER SERViGE (c?~ 800-347-1131 PaOe 1 of 2 06/06/2010 10:O6AM [Job No. 5268] f~0001 REV-1513 EX + (9-00) COMMONWEALTH OF PENNSYLVANIA INHERITANCE TAX RETURN RESIDENT DECEDENT SCHEDULE J BENEFICIARIES ESTATE OF FILE NUMBER William R_ Kennedy ~ 1 1(1 F7 RELATIONSHIP TO DECEDENT AMOUNT OR SHARE NUMBER NAME AND ADDRESS OF PERSON(S) RECEIVING PROPERTY Do Not List Trustee(s) OF ESTATE I TAXABLE DISTRIBUTIONS [include outright spousal distributions, and transfers under Sec. 9116 (a) (1.2)] 1. Linda A. Kennedy Lineal 103 Palace Court Chalfont, PA 18914 ENTER DOLLAR AMOUNTS FOR DISTRIBUTIONS SHOWN ABOVE ON LINES 15 T HROUGH 18, AS APPROPRIATE, ON REV-1500 COVER SHEET II. NON-TAXABLE DISTRIBUTIONS: A. SPOUSAL DISTRIBUTIONS UNDER SECTION 9113 FOR WHICH AN ELECTION TO TAX IS NOT BEING MADE 1. 1. B. CHARITABLE AND GOVERNMENTAL DISTRIBUTIONS TOTAL OF PART II -ENTER TOTAL NON-TAXABLE DISTRIBUTIONS ON LINE 13 OF REV-1500 COVER SHEET $ fir mere space is neeaea, inser[ aoaltlonal sneers or the same s~zeJ LAST WILL AND TESTAMENT I, WILLIAM R. KENNEDY, of the Township of South Middleton, County of Cumberland, Commonwealth of Pennsylvania, being of sound and disposing mind, memory and understanding, do make, publish and declare this as and for my Last Will and Testament, hereby revoking and making void all former wills and codicils by me at anytime heretofore made. FIRST. I order and direct that all my just debts and funeral expenses be paid by my personal representative or representatives, hereinafter named, as soon as conveniently may be done after my decease. I further authorize my personal representative to expend funds from my Estate in such amounts as my personal representative shall consider appropriate, for the disposition and memorial of my remains. SECOND. All the rest, residue and remainder of my Estate, real, personal and mixed, whatsoever and wheresoever situate, I give, devise and bequeath unto my daughter, LINDA ANN KENNEDY, if she survives me. THIRD. For the purposes of this my Last Will and Testament, a person shall not be deemed to have survived me unless he or she shall have survived me by more than ninety (90) days. FOURTH. If my daughter, LINDA ANN KENNEDY, should fail to survive me, I WAYNE F. SHADE Attorney at Law 53 West Pomfret Street Carlisle, Pennsylvania 17013 give, devise and bequeath the said residue of my Estate unto such of the three children of my son, J. WILLIAM KENNEDY, who shall survive me, in equal shares. FIFTH. I nominate, constitute and appoint ORRSTOWN BANK, of Carlisle, Pennsylvania, its successors or assigns, to serve without bond as the Trustee of any property which shall pass, either under this my Last Will and Testament or otherwise to a minor as defined herein and with respect to whom I am authorized to appoint a Trustee and have not otherwise specifically done so; provided that this appointment of Trustee shall not supersede the right of any fiduciary in its discretion to distribute such share to the said minor or to another for the benefit of the said minor. The said Trustee is hereby vested with the power to sell, assign, transfer, pledge, mortgage, lease, manage, control, in, invest and reinvest the corpus of said Trust in such securities and other property as 1 be deemed prudent without being restricted to investments known as legal s investments for fiduciaries under the laws of the Commonwealth of Pennsylvania. The Trustee shall have the power to manipulate the proceeds of the Trust in any manner that will guarantee maximum conservation of the Trust funds and the greatest production of income for the beneficiary. I hereby authorize the said Trustee to expend any monies from principal or interest for the beneficiary that in the sole discretion of the Trustee is deemed necessary for the care, health, education, maintenance and general welfare of the beneficiary; the word "education" shall be construed to mean apre-college course, high school education, college education and post-graduate education. It is my intention that the foregoing powers may be exercised by the said Trustee without prior Court~approval and without further responsibility to the beneficiary, the parents of tl~ie beneficiary or to WAYNE F. SHADE Attorney at Law any other person or persons taking care of the beneficiary. The age of maj ority for all 53 West Pomfret Street Carlisle, Pennsylvania 17013 -2- '~ purposes concerning this my Last Will and Testament shall be deemed to be the age of twenty-two (22) years. If the beneficiary of this Trust should fail to survive to ultimate distribution of the Trust herein, I order and direct that the remainder of this Trust be 'distributed as part of my residuary estate. SIXTH. I order and direct that any estate, inheritance or similar tax due as a result of my death with respect to any property passing as a result of my death, shall be paid from the residue of my Estate before its division into shares and prior to distribution as an expense of administration and that no part of the taxes should be prorated or apportioned among the persons or beneficiaries receiving the taxable property. It is my express intention that all inheritance taxes imposed as a result of my death be paid from the residue of my Estate whether or not the property passes under my Last Will and Testament. My personal representative shall have full power and authority to pay, compromise ar settle any such taxes at anytime whether with respect to present or future interests. SEVENTH. Any and all decisions, determinations or actions made or taken by a personal representative or Trustee hereunder, if made in good faith, shall be final and conclusive on all persons who are or may become interested in my Estate. No fiduciary acting under this my Last Will and Testament shall be liable for any error in judgment or for any depreciation or reduction in value of any Estate or Trust assets at anytime, in the absence of willful default. WAYNE F. SHADE Attorney at Law 53 West Pomfret Street Carlisle, Pennsylvania 17013 _Z_ EIGHTH. My personal representative or representatives hereinafter named shall, in addition to the powers vested in them by law and by other provisions of this my Last Will and Testament have, without the necessity of prior Court approval, the power to carry on alone or jointly with others any business in which I may have an interest at my death for whatever period of time they may think proper, without personal liability for any operating losses. In the operation of said business, they shall hate the power to do any and all things they deem necessary or appropriate, including the power to merge or incorporate the business, the power to borrow and to pledge assets contained in my Estate security for such borrowing, and the power to close out, liquidate or sell the business at ~!, such time and upon such terms as to them shall seem best. NINTH. I order and direct that, upon my death, my body be cremated in lieu of burial and that disposition of my ashes be at the discretion of my personal representative. LASTLY. I nominate, constitute and appoint my daughter, LINDA ANN KENNEDY, to be the Executrix of this my Last Will and Testament, but if, for any reason, she should fail to qualify as such Executrix or decline or cease so to serve, I nominate, constitute and appoint my legal counsel, WAYNE F. SHADE, to be the Executor hereof, each to serve without bond. IN WITNESS WHEREOF, I, WILLIAM R. KENNEDY, hive hereunto set my hand and seal to this my Last Will and Testament which consists of six (6) typewritten WAYNE F. SHADE Attorney at Law 53 West Pomfret Street Carlisle, Pennsylvania 17013 -4- pages to each of which I have affixed my signature, this 1 s t Ap r i 1 , A.D. Two Thousand Two (2002). day of -- (SEAL) William R. Kenne ,y The preceding instrument, consisting of this and five (5) ether typewritten pages, each identified by the signature of the Testator, was on the date thereof signed, sealed, published and declared by WILLIAM R. KENNEDY, the Testator therein named, as his Last Will and Testament, in the presence of us, who, at his request, in his presence, and in the presence of each other, have subscribed our names as witnessies hereto. Acknowledgment WAYNE F. SHADE Attorney at Law 53 West Pomfret Street Carlisle, Pennsylvania 17013 COMMONWEALTH OF PENNSYLVANIA ) SS: COUNTY OF CUMBERLAND ) I, WILLIAM R. KENNEDY, the person whose name is signed to the foregoing instrument, having been duly qualified according to law, do hereby, acknowledge that I signed and executed the instrument as my Last Will and Testament land that I signed it willingly and as my free and voluntary act for the purposes therein expressed. -5- ~ Sworn to or affirmed and acknowledged before me by WILLIAM R. KENNEDY, this _ 1st day of Apr i 1 , 2002. William R. Kenne y ~~ Notary Publ' Notarial Seal Connie J. Tritt, Notary Public Affidavit Carlisle, Cumberland County My Comimission expires Oct. 5, 2004 ~; COMMONWEALTH OF PENNSYLVANIA ) SS: COUNTY OF CUMBERLAND ) We, Helen H. Shade and Leonard. W. Tritt ,the witnesses whose names are signed hereto, being duly qualified according to law, do depose and say that we were present and saw the Testator sign and execute the instrument as his Last Will and Testament; that the Testator signed willingly ~.nd 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 our knowledge, the Testator was at that time eighteen or more years of age, of sound mind and under no constraint or undue influence. Sworn to or affirmed and subscribed to before me by Helen H. Shade and Leonard W. Tritt ,witnesses, this 1st day of Ap r i 1 , 2002. ~~..~ _ WAYNE F. SHADE Attorney at Law 53 West Pomfret Street Carlisle, Pennsylvania 17013 ~~ ~. y.~ '~. o~~ Notary Publ~ -6- Notarial Seal Connie J. Tritt, Notary Public Carlisle, Cumberland County My Commission expires Oct. 5, 2004 ~, M CODICIL I, WILLIAM R. KENNEDY, the within named Testator, ~ do hereby make and publish this Codicil to my Last Will and Testament dated April ~, 2002, as follows: FIRST. I nominate, constitute and appoint my legal courpsel, WAYNE F. SHADE, to be the Executor of this my Last Will and Testament,' but if, for any reason, he should fail to qualify as such Executor or decline or cease so to serve, I nominate, constitute and appoint my daughter, LINDA ANN KENNEDY, do be the Executrix hereof, each to serve without bond. SECOND. I hereby ratify and confirm my said Last Will ~.nd Testament in all other respects. IN WITNESS WHEREOF, I have hereunto set my hand and seal, this 14th day of November, A.D. Two Thousand Eight (2008). (SEAL) William R. Kennedy _ The preceding instrument was, on the date thereof, signed, sealed, published and WAYNE F. SHADE Attorney at Law 53 West Pomfret Street Carlisle, Pennsylvania 17013 declared by WILLIAM R. KENNEDY, the Testator therein named,' as a Codicil to his Last Will and Testament, and we, at his request, in the presence of each other, have subscribed our names as witnesses hereto. ~i~F~._ Acknowledgment COMMONWEALTH OF PENNSYLVANIA } SS: COUNTY OF CUMBERLAND ) I, WILLIAM R. KENNEDY, the person whose name is signed to the foregoing instrument, having been duly qualified according to law, do hereby acknowledge that I signed and executed the instrument as a Codicil to my Last Will and Testament and that I signed it willingly and as my free and voluntary act for the purposes Therein expressed. Sworn to or affirmed and acknowledged before me by WILLIAM R. KENNEDY, this 14th day of November, 2008. William R. Kennedy ~-~ Notary Publi WAYNE F. SHADE Attorney at Law 53 West Pomfret Street Carlisle, Pennsylvania 17013 ooMMONwEALTN OF PENNSYLVANIA NOTARIAL SEAL CONNIE J. TRITT, Notary Pu#>dic Carlisle Boro., Cumberland County My Commission Expires Odtober 5, 2012 -2- is Affidavit COMMONWEALTH OF PENNSYLVANIA } SS: COUNTY OF CUMBERLAND } We, Wayne F . Shade and Helen H . Shade ,the witnesses whose names are signed hereto, being duly qualified according to law, do depose and say that the preceding instrument -was, on the date thereof signed, sealed, published and declared as a Codicil to his Last Will and Testament, by WILLIAM R. KENNEDY, the Testator therein named, willingly and as his free a,nd voluntary act for the purposes therein expressed; and that, to the best of our knowledge, the Testator was at that time eighteen or more years of age, of sound mind and under no constraint or undue influence. Sworn to or affirmed and subscribed to before me by Wa~r~e F . Shade and Helen H . Shade ,witnesses, this 14th day of 1~lovember, 2008. ~-.>~~ Notary P blic COMMONWEALTH OF PENNSYLVANIA NOTARfAL SEAL' CONNfE J. TR1TT, Notary- Public Canisfe Boro., Cumberland County My Commission Expires Octol~eer 5, 2012 WAYNE F. SHADE Attorney at Law 53 West Pomfret Street Carlisle, Pennsylvania 17013 -3-