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HomeMy WebLinkAbout03-0977 Register of Wills of County, Pennsylvania PETITION FOR GRANT OF LETTERS Estate of MARGARET H. ATKINSON No. ~.?--L~)~'- ~ ¢ 2 Also known as , Deceased Social Security No. 211-22-3092 LAWRENCE R. A TK/NSON, /// Petitioner(s), who is/are 18 years of age or older, apply(les) for: (COMPLETE "A" OR "B" BELOW:) A. Probate and Grant of Letters and aver that Petitioners are the executors named in the Last Will of ~ the Decedent, dated June 24, 2002 State relevant circumstances, e.g. renunciation, death of Executor, etc. Except as follows, Decedent did not marry, was not divorced, and did not have a child born or adopted after execution of the documents offered for probate; was not to victim of a killing and was never adjudicated incompetent: B. Grant of Letters of Administration (d.b.n.c.t.a.: pendente lite; durante absentia; durante minoritate) Petitioner(s) after a proper search has/have ascertained that Decedent left no Will and was survived by the following spouse (if any) and heirs: Name Relationship Ri~sidence COMPLETE IN ALL CASES: Attach additional sheets if necessary. Decedent was domiciled at death in ~ County, Pennsylvania, with her last family or principal residence at ' ....... . ............................ , " .... ' I"/oO '/ (List street, number and municipality) ]¢...,~. , i , Decedent, then 74 years of age, died November 11,2003, at Hospice of Central PA, Harrisburq, Dauphin County, Pennsylvania (Location) Decedent at death owned property with estimated values as follows: (If domiciled in PA) All personal property ..................................................................... $ 1,000.00 (If not domiciled in PA) Personal property in Pennsylvania ..................................... $ (If not domiciled in PA) Personal property in County .................................................... $ Value of real estate in Pennsylvania ...................................................................................................................... $ Total ......................................................................................................... $ 1,000.00 Real Estate situated as follows: Wherefore, Petitioners respectfully request the probate of the last Will presented with this Petition and the grant of letters in the appropriate form to the undersigned: Signature,/"p . ,,,.7 ,,~ J Typed or printed name and residence ~ ~// // -~ ~' J Lawrence R. Atkinson, III ..-~ 1290 Kuhn Road I Boiling Springs, PA 17007 Oath of Personal Representative Commonwealth of Pennsylvania County of Dauphin The Petitioner above-named swears and affirms that the statements in the foregoing Petition are true and correct to the best of the knowledge and belief of Petitioner/~d that, as personal representative of the Decedent, Pet~boner' ' w~ll' well and truly administer the estate~fa~ording Sworn to and affirmed and subscribed .~... ~,,~., ([~l'~r~nce R. Atkinson, III Before me this ~'~ day of No. Estate of MARGARET H. ATKINSON , Deceased Social Security No: 211-22-3092 Date of Death: November 11,2003 ( __ AND NOW, ~_. LZ/.~.~-,~./ .~_k~--~ ,2003, in consideration of the Petition on the reverse side hereon, satisfactory proof having been presented before me, IT IS DECREED that Letters [] Testamentary of Administration d.b.n,c.t.a.; pendente lite; durante absentia; durante minoritate are hereby granted to Lawrence R. Atkinson, III in the above estate and that the instrument(s) dated June 24th, 2002 and described in the Petition be admitted to probate and filed of record as the last Will of the Decedent. FEES Letters ........................... $ /2~...~ R~g~ter of Will-s(' ...... i ~ '- '~ / . Short Certificate(s) $ Renunciation .............. $ Affidavit ( ) .................. $ Extra Pages ( ) ....... $ Codicil ............................ $ JCP Fee ....................... $ /O.,¢~ Attorney: RICHARD W. STEWART, ESQUIRE Inventory ...................... $ I.D. No: 18039 Other .............................. $ Address: Johnson, Duffle, Stewart & Weidner, 301 Market Street, P.O. Box 109, Lemoyne, PA 17043- TOTAL ......... $ _-~¢+ ¢-;,~ ¢? Telephone: 717-761-4540 HI05,805 REV 9t86 This is to certify that the information here given is correctly copied from an original certificate of death duly filed with me as Local Registrar. The original certificate will be forwarded to; the State Vital Records Office for permanent filing. WARNING: It is illegal to duplicate this copy by photostat or photograph. P 9650443 1 8200:t No. ' ~ Date ;43Rev 2/87 COMMONWEALTH OF PENNSYLVANIA · DEPARTMENT OF HEALTH · VITAL RECORDS CERTIFICATE OF DEATH : ~ ' '~' " ~: ~ OT~ " _. ] . I I ~ ~"~'~ I~,-~~.- ..... D~phrn ]~ Harrrsb~g ~u& ,..~.PA ~ ,,..O m.~, Lower Paxton 1701 LZnglestown Road ~s,~ H~r&b~g, PA 17110 T. Irving Ho~ [~'~ Atklnson ~'s~~.c~ [~ 1290 Kuhn Ro~, Bor~in~ S~ings, PA 17007 ~ ~~ ~[a~. /~- (~- ~ ~ PA Crematory L~, Harrrsb~g,' PA 17109 ~ la~. ~ [~I00 Jonestown R~, ~r~g,vp~u 'IV109 .............. m~ as sl~t~ ....................... ~ '~ ~ I~,~,/~J ,. ~ ~~" 012949-00001/6.20.02/RWS/KLT/158581.2 of MARGARET H. ATKINSON I, MARGARET H. ATKINSON, of 1240 Kuhn Road, Boiling Springs, Cumberland County, and Commonwealth of Pennsylvania, declare this to be my last Will and revoke any Will previously made by me. ITEM I. I bequeath my automobiles, household and personal effects, and other tangible personalty of like nature (not including cash or securities), together with any existing insurance thereon, to my husband, LAWRENCE R. ATKINSON, HI, if he survives me by thirty (30) days. Should my husband, LAWRENCE R. ATKINSON, IH, not be living on the thirty-first (31 st) day after my death, I bequeath such tangible personalty and insurance thereon to such of my children, LAWRENCE R. ATKINSON, IV, BARBARA LYNN ATKINSON WALTON and ROBERT HOWE ATKINSON, as are living on the thirty-first (31 st) day after my death, to be divided among them by my executor with due regard for their personal preferences in as nearly equal shares as practical. ITEM II. I devise and bequeath the residue of my estate of every nature and wherever situate, including any property over which I shall have any power of appointment, to PNC Bank, National Association, of Camp Hill, Cumberland County, Pennsylvania, to be added to and thereafter treated as a part of that certain revocable trust created by me on ~ ~,~ 2 '-/ ,2002, to have and to hold, IN TRUST, for any uses and purposes and subject to the terms and provisions thereof, including any alterations or amendments thereto, or any other inter vivos trust which may thereafter be substituted therefor. ITEM III. I appoint PNC Bank, National Association, of Camp Hill, Pennsylvania, guardian of any property which passes, either under this Will or otherwise, to a minor and with respect to which I am authorized to appoint a guardian and have not otherwise specifically done so, provided that this appointment of a guardian shall not apply to property distributable to a minor for whom I have otherwise made special provision and provided further that this appointment of a guardian shall not supersede the right of any fiduciary in its discretion to distribute a share where possible to the minor or to another for the minor's benefit. Such guardian shall have the power to use principal as well as income from time to time for the 012949-00001/6.20.02/RWS/KLT/158581.2 minor's support and education (including college education, both graduate and undergraduate) without regard to his or her parent's ability to provide for such support or education and to make payment for these purposes, without further responsibility to the minor or to the minor's parent or to any person taking care of the minor. ITEM IV. All federal, state and other death taxes payable because of my death, with respect to the property forming my gross estate for tax purposes, whether or not passing under this Will, including any interest or penalty imposed in connection with such tax, shall be considered a part of the expense of the administration of my estate and shall be paid from my residuary estate without apportionment or right of reimbursement provided that any taxes on the revocable trust created by me on 3 ta Kc ~ ¥ , 2002, may be paid from the assets of that trust as provided therein. ITEM V. My executors and guardian shall have the following powers in addition to those vested in them by law and by other provisions of my Will, applicable to all property, whether principal or income, including property held for minors, exercisable without court approval, and effective until actual distribution of all property: A. To retain any or all of the assets of my estate, real or personal, including any shares of stock or other securities I may own of the corporate fiduciary or its successors, or of a holding company controlling the corporate fiduciary or its successor, without restriction to investments authorized for Pennsylvania fiduciaries, as they deem proper, without regard to any principle of diversification. B. To invest in all forms of property (including stock or other securities of the corporate fiduciary or its successor, or of a holding company controlling the corporate fiduciary or its successor, and common trust funds and mortgage investment funds whether maintained by my corporate fiduciary or its successors or others), without restriction to investments authorized for Pennsylvania fiduciaries, as they deem proper, without regard to any principle of diversification. C. To sell at public or private sale, to exchange, or to lease for any period of time, any real or personal property and to give options for sales, exchanges or leases, for such prices and upon such terms or conditions as they deem proper. 012949-00001/6.20.02/RWS/KLT/158581.2 D. To allocate receipts and expenses to principal or income or partly to each as they from time to time think proper. E. To borrow from, or sell to, the trustee under my inter vivos trust mentioned above, even though such trustee may be my executor. F. To join with my husband, LAWRENCE R. ATKINSON, III, or his personal representative in filing a joint income tax return without requiring him or his estate to indemnify my estate against liability for the tax attributable to her income and to consent to any gifts made by my husband during my lifetime being treated as having been made one-half by me for purposes of the federal gift tax law. ITEM VI. I appoint my husband, LAWRENCE R. ATKINSON, III, Executor of this my last Will. Should my husband, LAWRENCE R. ATKINSON, III, fail to qualify or cease to act as Executor, I appoint PNC BANK, NATIONAL ASSOCIATION, and LAWRENCE R. ATKINSON, IV, Executors of this my last Will. ITEM VII. My corporate fiduciary shall be entitled to compensation based on its regular schedule of fees for such services in effect from time to time during the period over which its services are performed. ITEM VIII. I direct that my executors and guardian shall not be required to give bond for the faithful performance of their duties in any jurisdiction. IN WITNESS WHEREOF, I have hereunto set my hand this ~$t/e't~ day of -,~ t~ ~ s_ _, 2002. · ,. ) i[/I3d~(~}~l~T H. ATK~SON - - 012949-00001/6.20.02/RWS/KLT/158581.2 SIGNED, SEALED, PUBLISHED AND DECLARED, by MARGARET H. ATKINSON, the Testatrix above named, as and for her Last Will and Testament and in the presence of us, who, at her request, in her presence and in the presence of each other, have subscribed our names as witnesses. Witness Address Witness Address ACKNOWLEDGMENT COMMONWEALTH OF PENNSYLVANIA : :SS: COUNTY OF CUMBERLAND : I, MARGARET H. ATKINSON, Testatrix, whose name is signed to the foregoing instrument, having been duly qualified according to law, do hereby acknowledge that I signed and executed the instrument as my Last Will and Testament; that I signed it willingly; and that I signed it as my free and voluntary act for the purposes therein expressed. Sworn to or affirmed and acknowledged before me, by MARGARET H. ATKINSON, the Testatrix, this,nYS/;~0, day of ~._~?t~ ,2002. 012949-00001/6.20.02/RWS/KLT/158581.2 AFFIDAVIT COMMONWEALTH OF PENNSYLVANIA : :SS: COUNTY OF CUMBERLAND : We, I~.,~lna,.l[ ~O ~V and &f~/ ~'-7~xc,e,t$/ct, the witnesses whose names are signed to the foregoing instrument, being duly qualified according to law, do depose and say that we were present and saw the Testatrix sign and execute the foregoing instrument as her Last Will and Testament; that she signed willingly and that she executed it as her free and voluntary act for the purposes therein expressed; that each of us in the hearing and sight of the Testatrix signed the Will as witnesses; and that to the best of our knowledge, the Testatrix was at that time at least 18 years of age, of sound mind and under no constraint or undue influence. Sworn to or affirmed and subscribed to before me by ~d/'{//~x5 dx~7,. ~T~~ and ~~ ~: ~Off~/~'~/ , wimesses, this ~ day of ,2002. ~ota~ Public ['"'"",~ --'"Not~: , iai Se I ,, c, aro/A Lei~,' .... al I · ?a_mp/on ~-~vp'~"~'j~ot, ary PUblic ~ ', umDertand County anonotNotanes of MARGARET H. ATKINSON JOHNSON, DUFFIE, STEWART & WEIDNER ATTORNEYS AT LAW LEMOYNE, PENNSYLVANIA CERTIFICATION OF NOTICE UNDER RULE 5.6(a) Name of Decedent: MARGARET H. ATKINSON Date of Death: NOVEMBER 11, 2003 Will No.: 2003-00977 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 January 6, 2004. Name Address LAWRENCE R. ATKINSON, III 1290 Kuhn Road Boiling Springs, PA 17007 Notice has now been given to all persons entitled thereto under Rule 5.6(a) except None. Date: January 6;2004 Signature Name RICHARD W. STEWART Johnson, Duffle, Stewart & Weidner Address 301 Market St. P. O. Box 109 Lemoyne, PA 17043-0109 Telephone (717) 761-4540 -'< Capacity: . Counsel for perso'l~al representative : INHERITANCE TAX RETURN F'LB"UMs=4 - ~,,,,. ~, RESIDENT DECEDENT 21 03 00977 ATK_TTN'SON, DE~EDENT'S NAMEMARGARET (LAST. FIRST, AND H.MIDDLE INITIAL) ' 2 SOCIAL ] 1 - 2~C[~RITY 2 - 3 0 9 2 NUMBER ~O~ (M~M~ - DATE OF BIRTH (MM-DD-YEAR) .... THi~ RE'r~I~N~u~'~-FI'L ED IN DU P I.i~ATE WI~ TH ~ REGISTER OF WILLS ~i~ API~LrCABLEi~E'S NAME ( LAm, FIRm AND MIDDLE INITIAl.) SOCIAL SECURITY NUMBER - At'insert, 111, Lawrence R. 146 - ] 2- 5241 12H2-82) [] 5. Federal EstateTax Return Required [] 6. Decedent Died Testate (Attach copy D 7, DecedentMaintainedaLivingTnJst(Altach 0 8. TotalNumberofSafeDeqosttBoxes I'--I 9. Litigation Proceeds Received [] 10. Spousal Povedy Credit (dale of de~th between [] 11.Election to tax under Sec. 9113(A) (Attach Sch O) ~AME COMPLETE MAILING ADDRESS :IRM NAME (If eppllcable) i Johnson, Duffle, Stewart & Weidner P.O. Box 109 rELEPHOR~ IquMBER Lemoyne, PA 17043 717/761-4540 .... 1. Real Estate (Schedule A) (1) None .C~ OFFICIAL USE ONLY 2. Stocks and Bonds (Schedule B) (2) None c._ 3. Closely Held Corporation, Partnership or Sole-Proprietorship (3) ..... N one 4. Mortgages & Notes Receivable (Schedule D) (4) None 5. Cash, BaRk Deposits & Miscellaneous Personal Property (5) 1,000.00 (Schedule E) ..... 6. Jointly Owned Property (Schedule F) (6) None {--{ Separate Billing Requested -- 7. Inter-Vivos Transfers & Miscellaneous Non-Probate Property (7) 75,247.00 (Schedule G or L) 8. Total Gross Assets(total Lines 1-7) (8) 76,247.00 9. Funeral Expenses & Administrative Costs (Schedule H) (g) 4,062.75 10. Debts of Decedent, Mortgage Liabilities, & Liens (Schedule I) (10) 11. Total Deductions(total Lines 9 & 10) (11) 4,062.75 12. Net Value of Estste(LIne 8 minus Line 11) (12) 72, 184.25 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) 72, ] ~4. SEE INSTRUCTIONS ON REVERSE SIDE FOR APPLICABLE RATES 15.Amount of Line 14 taxable at the spousal tax rate, ],000.00 x .00 (15) 0.00 or transfers under Sec. 9116(a)(1.2) It. Amount ct Line 14 taxable at lineal rata 71,184.25 x .045 (16) 3,203.29 17.Amount of Line 14 taxable at sibling rate x ,12 (17) 18. Amount of Line 14 taxable at co~lateral rate x .15 (18) 19. Tax Due (19) 3,203.29 Copyright 2000 form software only The Lackner Group, Inc. Form REV-1500 EX (Rev. 6-00) Decedent's Complete Address: I ~TREET ADDRESS 1290 Kuhn Road dITY Boiling Springs l~TATE ~' }ZIP 17003"' Tax Payments and Credits: 1. Tax Due (Page 1 Line 19) (1) 3,2~3.29 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 Interest/Penalty (D + E) (3} _ 0.00 4. If Line 2 is greater than Line 1 + Line 3, enter the difference. This is theOVERPAYMENT. (4) Check box on Page t Line 20 to request a refund 5. If Line l + Line 3 is greater than Line 2, enter the difference. ThislstheTAXDUE (5) 3,203.29 A. Enter the interest on the tax due. (SA) .... B. Enter the teta[ of Line 5 + 5A. This Is the/BALANCE DUE (SB) 3 Make Check Payable to: 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; ................................................................... [] [] b. retain the right to designate who shall use the property transferred or its income; ................................ c. retain a reversionary interest; si .......................................................................................................... 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 fin 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-probats property which contains a beneficiary designation?. ..................................... [] [] IF THE.ANSWER TO ANY OF THE ABOVE QUESTIONS IS YES, YOU MUST COMPLETE SCHEDULE G AND FILE T AS PART OF THE RETURN. SlGNATU RSON RESPONSlBL OR FI lNG RETURN ADDRESS ~TE Richard W. Stewart P.O. Box 109 I~moyne, PA 17043 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 stetetedoes 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 rata 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 stepparant 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 tmnstere 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.  SCHEDULE E CASH, BANK DEPOSITS, & MISC. ~,~ o~ ~..s~v~.,A PERSONAL PROPERTY EETATE OF FILE NUMBER ATKINSON, MARGARET H. 21 - 03 - 00977 Include the proceeds of litigation and the date the proceeds were received by the estateC),ll property Jointly-owned with the right of eurvlvomhlp must be disclosed on echedule F. ITEM vALuE AT DATE OF NUMBER DESCRIPTION DEATH PHC Bank Individual Checking Account 1,000.00 TOTAL (Also enter on Line 5, Recapitulation) 1,000.00 '~ l SCHEDULE G I INTER-VI. VpOS TRANSFERS & CO~'"~NOHNFE~T~jE~:"N~Nj~"L"V^N~ MISC. NON PROBATE PROPERTY ESTATE OF FILE NUMBER ATKINSON, MARGARET H. 21 - 03 - 00977 This schedule must be completed and filed If the answer to a~ny of questions 1 thee, h 4 on Pag? ~S yes. ITEM DESCRIPTION OF PROPERTY DATE OF DEATH % OF Inciudethenameoftt~lransf~'ee. thg4rrelationshlptodecedentandthedetaof~ransfer VALUE OFASSET iNTEREST IFAPPLICABLE NUMBER Attach a copy of the deed for real estate. DECD'S EXCLUSION TAXABLE VALUE I Lincoln Fi~ci~r'~u~A~i~ C~0-~a~t-N~mber 75,247.0( 75,247.00 98-544O2O9 Beneficiaries: Robert Atkinson, Son Lawrence R. Atkinson, Son Barbara Walton, Daughter TOTAL (Also enter on line 7, Recapitulation) 75,247.00 ESTATE OF FILE NUMBER ATKINSON, MARGARET H. 21 - 03 - 00977 Debts of decedent must be reported on Schedule I. ITEM DESCRIPTION AMOUNT NUMBER A. FUNERAL'~-X~E-NsES: 1 Church Services Costs 100.00 2 Cremation and Burial Costs 670.00 B. ADMINISTRATIVE COSTS: 1. Pemonal Representative's Commissions Social Security Number(s) / EIN Number of Personal Representative(s): Street Address City State ~ Zip Year(s) Commission paid 2. Attorney's Fees Johnson, Duffle, Stewart & Weidner 3,000.00 3. Family Exemption: (If deCedent's address is not the same as claimant's, attach explanation) Claimant Street Address City State Zip Relationship of Claimant to Decedent 4. Probate Fees Cumberland County Register of Wills 70.00 5. Accountant's Fees 6. Tax Return Preparer's Fees 7, Other Administrative Costs I Ctm'~berland Law Journal - Notice of Estate Administration 75.00 2 The Patriot News - Notice of Estate Administration 127.75 Total of Continuation Schedule(s) 20.00 TOTAL (Also enter on line 9, Recapitulation) 4,062.75 SchedubH COMMONWEALTH OF PENNSYLVANtA INHERITANCE TAX RETURN ~ ~ ~ RESIDENT DECEC;ENT ESTATE OF FILE NUMBER ATKINSON, MARGARET H. 21 - 03 - 00977 3 Cumberland County Register of Wills - Filing Fees 20.00 Page 2 of Schedule H '~lJl~' SCHEDULE J COMMONWEALTH OF PENNSYLVANIA BENEFICIARIES ESTATE OF FILE NUMBER ATKINSON, MARGARET H. 21 - 03 - 00977 RELATIONSHIP TO AMOUNT OR SHARE NUMBER NAME AND ADDRESS OF PERSON(S) RECEIVING PROPERTY DECEDENT OF ESTATE I. TAXABLE DISTRIBUTIONS (Include outright spousal distributions) I Lawrence Atkinson Spouse Estate 2 Robert Atkinson Son I/3 of Lincoln 13718 West 76th Circle Financial Annuity Lenexa, Kansas 66216 3 Lawrence R. Atklnson Son 1/3 of Lincoln 6646 Barnaby SWeet NW Financial Annuity Washington DC 20015 4 Barbara A. Walton Daughter I/3 of Lincoln 1420 South Mountain Road Financial Annuity Dillsburg, PA 17019 Enter dollar amounts for distributions shown above on lines 15 through 18, as appropriate, on Rev 1500 cover she, II, NON-TAXABLE DISTRIBUTIONS: A. SPOUSAL DISTRIBUTIONS UNDER SECTION 9113 FOR WHICH AN ELECTION TO TAX IS NOT BEING MADE B. CHARITABLE AND GOVERNMENTAL DISTRIBUTIONS TOTAL OF PART II- ENTER TOTAL NON-TAXABLE DISTRIBUTIONS ON LINE 13 OF REV-1500 COVER SHEE East : ill e tarnent of MARGARET Il. ATKINSON I, MARGARET FI. ATKINSON, of 1240 Kuhn Road, Boiling Springs, Cumberland County, and Commonwealth of Pennsylvania, declare this to be my last Will and revoke any Will previously made by me. ITEM I. I bequeath my automobiles, household and personal effects, and other tangible personalty of like nature (not including cash or securities), together with any existing insurance thereon, to my husband, LAWRENCE R. ATKINSON, III, if he surxdves me by thirty (30) days. Should my husband, LAWRENCE R. ATKINSON, m, not be living on the thirty-first (31st) day after my death, I bequeath such tangible personalty and insurance thereon to such of my children, LAWRENCE R. ATKINSON, IV, BARBARA LYNN ATKINSON WALTON and ROBERT HOWE ATKINSON, as are living on the thirty-ftrst (31st) day after my death, to be divided among them by my executor with due regard for their personal preferences in as nearly equal shares as practical. ITEM II. I devise and bequeath the residue of my estate of every nature and wherever situate, including any property over which I shall have any power of appointment, to PNC Bank, National Association, of Camp Hill, Cumberland County, Pennsylvania, to be added to and thereafter treated as a part of that certain revocable trust created by me on ~ ~-~- 2 '4 ., 2002, to have and to hold, 13I TRUST, for any uses and purposes and subject to the terms and provisions thereof, including any alterations or amendments thereto, or any other inter vivos trust which may thereafter be substituted therefor. ITEM m. I appoint PNC Bank, National Association, of Camp Hill, Pennsylvania, guardian of any property which passes, either under this Will or otherwise, to a minor and with respect to which I am authorized to appoint a guardian and have not otherwise specifically done so, provided that this appointment of a guardian shall not apply to property distributable to a minor for whom I have otherwise made special provision and provided further that this appointment of a guardian shall not supersede the right of any fiduciary in its discretion to dislribute a share where possible to the minor or to another for the minor's benefit. Such guardian shall have the power to use principal as well as income from time to time for the minor's support and education (including college education, both graduate and undergraduate) without regard to his or her parent's ability to provide for such support or education and to make payment for these purposes, without further responsibility to the minor or to the minor's parent or to any person taking care of the minor. ITEM IV. All federal, state and other death taxes payable because of my death, with respect to the property forming my gross estate for tax purposes, ,whether or not passing under this Will, including any interest or penalty imposed in connection with such tax, shall be considered a part of the expense of the administration of my estate and shall be paid from my residuary estate without apportionment or right of reimbursement provided that any taxes on the revocable trust created by me on 3 ~a ~- ~ ¥ 2002, may be paid from the assets of that trust as provided therein. ITEM V. My executors and guardian shall have the following powers in addition to those vested in them by law and by other provisions of my Will, applicable to all property, whether principal or income, including property held for minors, exercisable without court approval, and effective until actual distribution of all property: A. To retain any or all of the assets of my estate, real or personal, including any shares of stock or other securities I may own of the corporate fiduciary or its successors, or of a holding company controlling the corporate fiduciary or its successor, without restriction to investments authorized for Pennsylvania fiduciaries, as they deem proper, without regard to any principle of diversification. B. To invest in all forms of property (including stock or other securities of the corporate fiduciary or its successor, or of a holding company controlling the corporate fiduciary or its successor, and common trust funds and mortgage investment funds whether maintained by my corporate fiduciary or its successors or others), without restriction to investments authorized for Pennsylvania fiduciaries, as they deem proper, without regard to any principle of diversification. C. To sell at public or private sale, to exchange, or to lease for any period of time, any real or personal property and to give options for sales, exchanges or leases, for such prices and upon such terms or conditions as they deem proper. D. To allocate receipts and expenses to principal or income or partly to each as they fi-om time to time think proper. E. To borrow from, or sell to, the trustee under my inter vivos trust mentioned above, even though such trustee may be my executor. F. To join with my husband, LAWRENCE R. ATKINSON, III; or his personal representative in filing a joint income tax return without requiring him or his estate to indemnify my estate against liability for the tax attributable to her income and to consent to any gifts made by my husband during my lifetime being treated as having been made one-half by me for purposes of the federal gift tax law. ITEM VI. I appoint my husband, LAWRENCE R. ATKINSON, m, Executor of this my last Will. Should my husband, LAWRENCE R. ATK1NSON, IH, fail to qualify or cease to act as Executor, I appoint PNC BANK, NATIONAL ASSOCIATION, and LAWRENCE R. ATKINSON, IV, Executors of this my last Will. ITEM VII. My corporate fiduciary shall be entitled to compensation based on its regular schedule of fees for such serrates in effect from time to time dtmng the period over which its services are performed. ITEM VIII. I direct that my executors and guardian shall not be required to g/ve bond for the faithful performance of their duties in any jurisdiction. IN WITNESS WHEREOF, I have hereunto set my hand this ,,~t, day of "~ ~ ~,.~ ,2002. f~kO. GAP~T H. ^TKrNSON SIGNED, SEALED, PUBLISllED AND DECLARED, by MARGARET H. ATKINSON, the Testatrix above named, as and for her Last Will and Testament and in the presence of us, who, at her request, in her presence and in the presence of each other, have subscribed our names as witnesses. Witness Address Witness Address ACKNOWLEDGMENT COMMONWEALTH OF PENNSYLVANIA : :SS: COUNTY OF CUMBERLAP/D : I, MARGARET It. ATKINSON, Testatrix, 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; that I signed it willingly; and that I signed it as my free and voluntary act for the purposes therein expressed. u. AZrn, SON Sworn to or affirmed and acknowledged before me, by MARGARET H. ATKINSON, the Testatrix, this,~day of -,._.~r~,~?,~ ,2002. ~'~qotary Public / Notary Publi ~plres Nov. 15, 2003 AFFIDAVIT COMMONVgEALTIt OF PENNSYLVANIA : :SS: COUNTY OF CUMBERLAND : We, I{~,..,l eO ~..,.~' and ~,'~ / $- ~.**,,,~s~:,, the wi~esses whose names are signed to the foregoing instrument, being duly qualified according to law, do depose and say that we were present and saw the Testatrix sign and execute the foregoing instrument as her Last Will and Testament; that she signed willingly and that she executed it as her free and voluntary act for the purposes therein expressed; that each of us in the hearing and sight of the Testatrix signed the Will as wimesses; and that to the best of our knowledge, the Testatrix was at that time at least 18 years of age, of sound mind and under no constraint or undue influence. Sworn to or affn-rned and subscribed to before me by ~/~/~Z5 (~ .. ~(~ and ~ ~/ ~ff~/~-~/ , wimesses, ~is ~y of ,2002. ~o~ Public ~/ of MARGARET H. ATKINSON JOHNSON, DU~I~IE, STEWART & WEIDNER LEMOYNE, PENNSYLVANIA Register of Wills of Cumberland County, Pennsylvania INVENTORY Estate of ATKINSON, MARGARET H. No. 21 - 03 - 00977 also known as Date of Death I 1/11/2003 , Deceased Social Security No. 211-22-3092 Lawrence R. Atkinson, III The Personal Representative(s) of the above Estate, deceased, vedty that the items appearing lo the following Invento~ include all of the personal assets wherever situate and all of the real estate located in the Commonwealth of Pennsylvania of said Decedent, that the valuation placed opposite each item of said Inventory represents its fair value as of the date of the Decedent's death, and that the Decedent owned no real estate outside of the Commonwealth of Pennsylvania except that which appears in a memorandum at the end of this Inventory. I/We verity that the statements made in this Inventory are true and correct. I/We understand that false statements herein are made subject to the penalties of 18 Pa. C. S. Section 4904 relating to unsworn falsification to authorities. Personal Representati~e~ ,.~ Attorney: Richard W. Stewart Signature)' ~_~-~ (~EawJence R. Atkinson, III I.D. No.: 18039 Signature: Signature: Address: P.O. Box 109 Address: 1290 Kuhn Road Lemoyne, PA 17043 Boiling Springs, PA 17007 Telephone: 717/761-4540 Telephone: 717-258-6577 PNC Bank Individual Checking Account 1,000.00 Total Personal Pr0~perty c:; $t,000.00 (Attach additional sheets if necessary) Total Personal Property and Real Estate $1,000.9, COMMONWEALTH OF PENNSYLVANIA REV-1162 EX(11-96) DEPARTMENT OF REVENUE BUREAU OF INDIVIDUAL TAXES DEPT. 280601 HARRISBURG, PA 17128 0601 PENNSYLVANIA RECEIVED FROM: INHERITANCE AND ESTATE TAX OFFICIAL RECEIPT NO. CD 004175 STEWART RICHARD W 3RD & MARKET STREETS P. O. BOX 109 LEMOYNE, PA 17043 ACN ASSESSMENT AMOUNT CONTROL NUMBER ........ fold 101 $3,203.29 ESTATE INFORMATION: SSN: 211-22-3092 FILE NUMBER: 21 03- 0977 DECEDENT NAME: ATKINSON MARGARET H DATE OF PAYMENT: 07/19/2004 POSTMARK DATE: 07/1 9/2004 COUNTY: CUMBERLAND DATE OF DEATH: 11 / 11/2003 TOTAL AMOUNT PAID: $3,203.29 REMARKS: INITIALS: JA SEAL RECEIVED BY: GLENDA FARNER STRASBAUGH REGISTER OF WILLS REGISTER OF WILLS LAW OFFICES JOHNSON, DUFFIE, STEWART & WEIDNER A Professional Corporation JERRY R. DUFFLE 301 MARKET STREET RICHARD W STEWART P.O. BOX 109 HO~CE A. JOHNSON C. ROYWEIDNER, JR. LEMOYNE, PENNSYLVANIA 17043-0109 F. LEESHIPMAN EDMUNDG. MYERS P?EBSITE: www.jdsw.com BRUCE.~ GROSSMAN* DAVID W DELUCE JEFFERSON ~ SHIPMAN OF COUNSEL P~4LPH H. WRIGI~, JR. MARK C. DUFFLE TELEPHONE ?17.7~.~40 ~iijL ~ ? , ~i :'~i :: *Admitted in JOHN R. NINOSKY FACSIMILE 717-761-3015 New York only MICHAEL J. CASS1DY E-MAIL: mail~jdsw.com MELISSA PEEL GREEVY ROBERTM. WALKER ~' WADED. MANLEY ~f ,. WRITER'S EXT. NO. 114 E-MAIL dlw~jdsw.com July 16, 2004 Register of Wills Office Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 Re: Estate of Margaret H. Atkinson SSN: 211-22-3092 Date of Death: November 11, 2003 Your File No. 21-03-00977 Dear Register: Enclosed for filing please find the following documents for the above referenced decedent: 1. 20dginal PA Inheritance Tax Returns. Estate check in the amount of $3,203.29 representing the Inheritance Tax due. 2. Estate check in the amount of $20.00 representing the filing fees for an Inheritance Tax Retum and Inventory. 3. 2 copies of Pages 1 & 2 of the Pa Inheritance tax return, which we ask that you time-stamp and return to us in the enclosed envelope. 4. Inventory 5. 2 copies of the Inventory, which we ask that you time stamp and return to us in the enclosed envelope. Should you have any questions, please do not hesitate to contact our office. Thank you for you assistance in this matter. Very truly yours, ~W~e~an/J6°dNSON' DU~.~~IDNER Legal Assistant c: Lawrence Atkinson, III, Executor #232141 DUFFLE, ~TEWART ~ WEIDNER ATTORNEYS AT LAW P. O. BOX 109 LEMOYNE, PENNGyLVANIA 17043 First Class Mail Register of Wills OFfice Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 JERRY R. DUFFLE RICItARD ~'~( STEWART OF COUNSEL C. RoYWEIDNER, JR HORACEA JOHNSON F [I!E SHIPMAN EDMUND G. MYERS B UE MARK C DUFFLE DUFFLE MICHAEL ~. CASSIDY MEIISSA PEEl. GREEVY ~ SgP 29 p 2:09 8optomber 28, 2004 Register of Wills Office Cumberland County Coudhouse One Courthouse Square Carlisle, PA 17013 Re: Estate of Margaret H. Atkinson SSN: 211-22-3092 Date of Death: November 11, 2003 Your File No. 21-03-00977 Dear Register: Enclosed please find Estate Check in the amount of $183.93 representing additional inheritance tax due on the above referenced Estate. A copy of the assessment from the Department of Revenue is also enclosed. Please time stamp the enclosed duplicate of this correspondence and return to us in the enclosed self addressed stamped envelope. Should you have any questions, please do not hesitate to contact our office. Thank you for you assistance in this matter. Very truly yours, /~I'O~SON, DUFFLE, STEWART & WEIDNER Legal Assistant c: Lawrence Atkinson, III, Executor #236231 501 MARKET STREET EO. BOX 109 LEMOYNE. PENNSYLVANIA 17043-0109 WWW. JDSW. COM 717.761.4540 FAX: 717.761.5015 MAIL@JDSW. COM JOHNSON, DUFFLE, STEWART & WEIDNER, P.C. COMMONWEALTH OF PENNSYLVANZA BUREAU OF ZNDZVZDUAL TAXES DEPARTMENT OF REVENUE HARRISBURG, PA 171ZS-OBO1 NOTICE OF INHERITANCE TAX APFRAISEHENT~ ALLOWANCE OR DISALLOHANCE ~_~"~"~' DF DEDUCTIONS AND ASSESSMENT OF TAX ~,,~ , DATE 09-20-200q ESTATE OF ATKINSON MARGARET H ~:: DATE OF DEATH 11-11-2005 FILE NUMDER 21 05-0977 COUNTY CUMBERLAND RICHARD W STEWART '0~ 5£? 2P P2 :OP ACN 101 JOHNSON ETAL Amount PO BOX 109 MAKE CHECK PAYABLE AND REMIT PAYMENT TO= REGISTER OF WILLS CUMBERLAND CO COURT HOUSE CARLISLE~ PA ~70I$ CUT ALONG THZS LZNE ~ RETAZN LOWER PORTZON FOR YOUR RECORDS DZSALLONANCE OF DEDUCTZONS AND ASSESSMENT OF TAX ESTATE OF ATKINSON MARGARET H FZLE NO. 21 0~-0977 ACN 101 DATE O9-ZO-Z§O~ TAX RETURN NAS: ( ) ACCEPTED AS FILED (X) CHANGED SEE ATTACHED NOTICE RESERVATION CONCERNING FUTURE ZNTEREST- SEE REVERSE APPRAISED VALUE OF RETURN BASED ON: ORIG/NAL RETURN 1. Real Estate (Schedule A) (1) .00 NOTE: To insure proper E, Stocks end Bonds (Schedule B) (2) .00 credit to you~ account, $. Closely Held ~tock/P~rtnershtp Interest (Schedule C) ($) .00 sub. it *he upper port/on 7. Transfers (Schedule G) (7) d~75rZq7.00/~- 8. Total Assets {S) 76,Iq7.00 APPROVED DEDUCTZONS AND EXEMPTIONS: ~,062.75 12. Net Value of Tax Return (12) 72,18fi.25 NOTE: I~ an assessment was /ssued previously, Zines 1~, 15 and/or 16, 17, 18 and 19 reflect ~igurea that include the tote! a~ ALL returns assesse~ to date. ASSESSMENT OF TAX: 16. Amoun{ of Lane 1~ {axable a{ L/nell/Class A ra{e (16) 75,Z~7.00 X 0~5 = TAX CREDZTS: 07-19-Z00~ CD00~175 .00 S,20~.29 INTEREST IS CHARGED THROUGH 10-05-200q TOTAL TAX CREDIT 5,205.29 AT THE RATES APPLICABLE AS OUTLINED ON THE BALANCE OF TAX DUE I82.82 REVERSE SIDE OF THIS FORH INTEREST AND PEN. 1.11 TOTAL DUE 18~.9~ ~ IF PAID AFTER DATE INDZCATED, SEE REVERSE [ IF TOTAL DUE KS LESS THAN $i, NO PAYMENT IS REQUIRED. FOR CALCULATION OF ADDITIONAL INTEREST. IF TOTAL DUE KS REFLECTED AS A "CREDIT" (CR), YOU HAY BE DUE A REFUND. SEE REVERSE SIDE OF THIS FORH FOR INSTRUCTIONS.~ COMMONWEALTH OF PENNSYLVANIA REV-1162 EX(11-96) OEPARTMENT OF REVENUE BUREAU OF INDIVIDUAL TAXES DEPT 280601 HARRISBURG, PA 17128-0601 PENNSYLVANIA RECEIVED FROM: INHERITANCE AND ESTATE TAX OFFICIAL RECEIPT NO. CD 004441 STEWART RICHARD W 3RD & MARKET STREETS P. O. BOX 109 LEMOYNE, PA 17043 ACN ASSESSMENT AMOUNT CONTROL NUMBER ....... fold 101 $183.93 ESTATE INFORMATION: SSN: 211-22-3092 FILE NUMBER: 2103-0977 DECEDENT NAME: ATKINSON MARGARET H DATE OF PAYMENT: 09/29/2004 POSTMARK DATE: 09/28/2004 COUNTY: CUMBERLAND DATE OF DEATH: 11 / 11/2003 TOTAL AMOUNT PAID: $183.93 REMARKS: INITIALS: JA SEAL RECEIVED BY: GLENDA FARNER STRASBAUGH REGISTER OF WILLS REGISTER OF WILLS REGISTEROFWILLSOFFICE CUMBERLAND COUNTYCOURTHOUSE ONECOURTHOUSE SQUARE CARLISLE, PA17013 ~, TO i 3+3301 02 h,,lll,,,llh,,,,,Ih,lh,,Ih,,lt,th,,,,,llhh,l'l'"'lhl JILI{I','~ [(. I)[/[:[:IIL OF COUNSEL I'll( I L\gl) \V. S'rI~W\I,IT HOI{ACE A. JOHNSON (' J{()\ ~,[ [,.Il)NJ;J{. It~ F. LEE SHIPMAN ILl)Mt Nl) G, M~I IlS BI~UCE J. GI~()SSMAN I)WH~W I)ELL('E L A W 0 F F I C E S : admitted in R.Xl plI II. Wt~l(ilrr MI l.lSS,x PEEl. [{OBI{II'I M. WAI kl'.ll W}d'r}.;R'S li',XT. St). 112 November 1, 2004 Register of Wills Office Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 Re: Estate of Margaret H. Atkinson SSN: 211-22-3092 Date of Death: November 11,2003 Your File No. 21-03-00977 Dear Register: Enclosed please find a Status Report for the above referenced Estate. Should you have any questions, or require any additional information, please feel free to contact the undersigned. ~a.g. ~,e~e~nan ~ ~ Legal Assistant c: Lawrence Atkinson, III, Executor #23~460 501 MARKET STREET P.O. BOX 109 LEMOYNE, PENNSYLVANIA 17045-011)9 WWW. JI)SW. COM 717.761.4540 FAX: 717.761.3015 MAIL@IDSW. COM JOHNSON, DUFFIE, STEWART & WEIDNER, P.C. STATUS REPORT UNDER RULE 6.12 Name of Decedent: MARGARET H. ATKINSON Date of Death: NOVEMBER 11, 2003 Will No. 21-2003-00977 Pursuant to Rule 6.12 of the Supreme Court Orphans' Court Rule, 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: 3. If the answer to No. 1 is Yes, state the following: a. 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: c. Did the personal representative state an account informally to the parties of interest? Yes X No d. Copies of receipts, releases, joinders and approvals of formal or informal accounts may be filed with the Clerk of the Orphans' Court and may be attached to this report. Date: November 1, 2004 RICHARD W. STEWART ~ JOHNSON, DUFFLE, STEWART & WEIDNER :',~ 301 Market Street P.O. Box 109 ~vt Lemoyne, PA 17043 ~ (717) 761-4540 ('2 72 Capacity: __Personal Representative -~ (x) Counsel for Personal ~ ~-. Representative