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HomeMy WebLinkAbout01-18-12J 1505610143 OFFICIAL USE ONLY REV-1500 ~`(°'-'°' County Code Year Flle Number PA pepartment of Revenue penntaylvania Bureau of Individual Taxes ~P^R~Hr OF REVENUE ~ ~~ PO Box.2so6o1 INHERITANCE TAX RETURN 21 11 Harrisburg, PA 17128-0601 RESIDENT DECEDENT ENTER DECEDENT INFORMATION BELOW Date of Birth Social Security Number Date of Death 04 23 2011 09 27 1927 115 20 3872 Suffix Decedent's First Name MI Decedent's Last Name JAMES O pTH I TTARER (If Applicable) Enter Surviving Spouse's Information Below Suffix Spouse's First Name MI Spouse's Last Name SANDRA J WHITTARER Spouse's Social Security Number THIS RETURN MUST BE FILED IN DUPLICATE WITH THE REGISTER OF WILLS FILL IN APPROPRIATE OVALS BELOW g. Remainder Return (date of death ^ ^ ® 1. Original Return 2. Supplemental Return prior to 12-13-82) ^ ~ Future Interest Compranise ^ 5. Federal Estate Tax Return Required s2 ~z ^ 4. Limited Estate ) - (date of death after ~z- ~ d Testate ^ Di 8. Total Number of Safe Deposit Boxes ], Decedent Maintalrred a Living Trust f Trust) e 6 Decedent (Attach Copy of Wilq (Attach Copy o Eleclion to tax under Sec. 9113(A) 11 ^ 9. Litigation Proceeds Received ^ . I Poverty CredR (date of death ^ 10• between 12-31-91 and i-1-95) (Attach Sch• O) O BE DIRECTED T0: ~ T ALL CORRESPONDENCE AND CONFIDENTI DT ~ MPLETED CORRESPONDENT -THIS SECTION MUST BE C ~ ~ . ~ Number ~1e 717 737 1300 DEBRA R WALLET REGISTER~fr1A~ILLS USf-ONLY- ~- ~ ,, ~_ _ First line of address _1 __ s 24 NORTH 32ND STREET -:, ~. ~; Second line of address r° DA'~E FILED `° =`~ City or Post Office State ZIP Code .. CAMP SILL PA 17011 correspondent's e-mail addnass: w a l l e t d e b~ a o l. c o m Under penalties of perjury,) declare that,) have examined this return, including accompanY!n9 schedules and statements, and to the bests ofr ha~.s a knnrnMgeedge.celief, it is true, correcx and r~mplete. DedaraUon of prepares other than the personal represerltaUve is based on all information of which RrePa DATE Y SIGNATURE OF PERSON RESPONSIBLE FOR F ING RETURN ~~ wt' ~ ~ ~ f1 ~ ~ .~ ~~//~~ Sandra J Whittaker `,..~_,__~-.~ . o` 3816 Copper Kettle Road, Camp Hill, PA 17011 DATE SIGNATURE OF PREPARER OTHER THAN REPRESENTATIVE Debra K Wallet ~, ~3 ~ f 2' K. ~' ADDRESS 24 North 32nd Street, Camp Hill, PA 17011 Side 1 1505610143 1505610143 REV-1500 EX 1505610243 Decedent's Social Security Number oe~edenc5rvame: WHITTAKER, JAMES OLIVER 115 20 3872 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. 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. Funeral Expenses & Administrative Costs (Schedule H) ...................................... ... 9. 10. Debts of Decedent, Mortgage Liabilities, & Liens (Schedule I) ............................. ... 10. 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 made (Schedule J) ............................................... .. 13. 14. Net Value Subject to Tax (Line 12 minus Line 13) ............................................... - __ - __ .. 14. - -- _ - TAX COMPUTATION -SEE INSTRUCTIONS FOR APPLICABLE RATES 15. Amount of Line 14 taxable at the spousal tax rate, or transfers under Sec. 9116 (a)(1.2) x .00 3 4, 5 6 5. 3 7 15. 16. Amount of Line 14 taxable at lineal rate X .045 3 9 0, 4 7 7. 6 0 16. 17. Amount of Line 14 taxable at sibling rate X .12 17. 18. Amount of Line 14 taxable at collateral rate X .15 1g. 19. Tax Due ................................................................................................................... .. 19. 20. FILL IN THE OVAL IF YOU ARE REQUESTING A REFUND OF AN OVERPAYMENT. 100.00 451,490.36 451,590.36 25,069.84 1,477.55 26,547.39 425,042.97 425,042.97 0.00 17,571.49 17,571.49 Side 2 1505610243 1505610243 J REV-1500 EX Page 3 Decedent's Complete Address: Whittaker, James Oliver __. _ __ _- STREET ADDRESS 3816 Copper Kettle Road aTY Camp H[II Tax Payments and Credits: 1. Tax Due (Page 2, Line 19) 2. Credits/Payments A. Prior Payments B. Discount 3. Interest Total Credits (A + g) (2) 15,789.47 (3> 0.00 4. If Line 2 is greater than Line 1 + Line 3, enter the difference. This is the OVERPAYMENT. Check box on Page 2 Line 20 to request a refund 5. If Line 1 + Line 3 is greater than Line 2, enter the difference. This is the TAX DUE. Make Check Payable to: REGISTER OF WILLS, AGENT. (4) (5) 1,782.02 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 :................................... x c. retain a reversionary interest; or ................................................................................................................. x d. receive the promise for life of either payments, benefits or care? ......................... x 2. If death occurred after December 12, 1982, did decedent transfer property within one year of death without receiving adequate consideration? ...................................................................................................................... x 3. Did decedent own an "in trust for" or payable upon death bank account or security at his or her death?......... x 4. Did decedent own an Individual Retirement Account, annuity, or other non-probate property which contains a beneficiary designation? ..................................................................................................................... x 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 Jan. 1, 1995, the tax rate imposed on the net value of transfers to or for the use of the surviving spouse is 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 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 child 21 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 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 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 12 percent [72 P.S. 9116 (a) (1.3)1. A sibling is defined under Section 9102, as an individual who has at least one parent in common with the decedent, w ether by blood or adoption. 15,000.00 -~ 789.47 File Number 21 - 11 STATE ZIP PA 17011 (1) 17,571.49 ', SCHEDULE E COMMONWEALTH OF PENNSYLVANIA C" -SH, BpAQNK /D~ EPnOSI~T]S, &~M~SC, INHERITANCE TAX RETURN ~,i. PERSONAL f ~OrE~~i RESIDENT DECEDENT ~~ ESTATE OF Whittaker, James Oliver ~, FILE NUMBER 21 - 11 Include the proceeds of litigation and the date the proceeds were received by the estate. All property jointly-owned with the right of survivorship must be disclosed on schedule F. - __ __ - ITEM _ _ _ -- NUMBER DESCRIPTION __ _ - __ _-_ - -- __ Veteran's burial grant - - _ __ TOTAL (Also enter on Line 5, Recapitulation) VALUE AT DATE OF DEATH 100.00 100.00 COMMONWEALTH OF PENNSYLVANIA i SCHEDULE G INHERITANCE TAX RETURN INTER-VIVOS TRANSFERS & RESIDENT DECEDENT ' MISC. NON-PROBATE PROPERTY ESTATE OF Whittaker, James Oliver FILE NUMBER 21 - 11 This schedule must be completed and filled if the answer to any ofquestions 1 through 4 on page 2 is yes. - __ - -- __ ITEM DESCRIPTION OF PROPERTY DATE OF DEATH ~ OF EXCLUSION NUMBER Include the name of the transferee, their relationship to decedent DECD'S TAXABLE VALUE VALUE OF ASSET and the date of transfer. Attach a copy of the deed for real estate. ', INTEREST (IF APPLICABLE) --- 1 Vanguard Wellington Fund #0021-88005167038 -IRA 2x,493.85 ° 100 /0 3,000.00 21,493.85 (see attached) 2 Vanguard Fund Admiral #0521-09846011607 -IRA 3so,ss5.~~ '' 100% 360,865.77 (see attached) 3 Mid Penn Bank Acct. #13005509 s9,~3o.~a ' 100% 69,130.74 (Joint account with Decedent and wife; made joint with Kellie L. Whittaker4/7/11) (see attached) TOTAL (Also enter on line 7, Recapitulation) 451,490.36 SCHEDULE H . FUNERAL DCPENSES & COMMONWEALTH OF PENNSYLVANIA IN RE9 DENTE E EDENTRN /"~•,IN~ 1 rW 1 IYC ~IW 1 ~ _- -. --_ ESTATE OF Whittaker, James Oliver ,FILE NUMBER 21 - 11 -- Debts of decedent must be reported on Schedule I. ITEM --- NUMBER FUNERAL EXPENSES: DESCRIPTION - _ _ _ _- - A. 1 Parthemore Funeral Home 2 St. John's Cemetery 3 Gingrich Memorials 4 Funeral flowers 5 Pastor Keith Searfoss B. ADMINISTRATIVE COSTS: 1. Personal Representative's Commissions Name of Personal Representative(s) Street Address City State Zip Year(s) Commission paid 2. Attorney's Fees Debra K. Wallet, Esquire 3. Family Exemption: (If decedent's address is not the same as claimant's, attach explanation) Claimant Street Address City State Zip Relationship of Claimant to Decedent 4. Probate Fees 5. Accountant's Fees George Lane, CPA 6. Tax Return Preparer's Fees 7. Other Administrative Costs 1 Division of Vital Records (death certificates) TOTAL (Also enter on line 9, Recapitulation) AMOUNT 11,003.32 700.00 9,330.00 290.52 175.00 2, 500.00 15.00 750.00 108.00 25,069.84 COMMONWEALTH OF PENNSYLVANIA INHERITANCE TAX RETURN RESIDENT DECEDENT ESTATE OF Whittaker, James Oliver ___ 2 Staples (copies and supplies) 3 Overnight mail 4 Postage, photocopies, etc. Sd~edule H Funer~ E~er~ses & At~ninis~dve Costs oor~tinued FILE NUMBER 21 - 11 101.55 18.30 30.00 Page 2 of Schedule H SCHEDULEI ', DEBTS OF DECEDENT, MORTGAGE COMMONWEALTH OF PENNSYLVANIA ~~~ ' INHERITANCE TAX RETURN LIABILITIES, & LIENS RESIDENT DECEDENT ESTATE OF FILE NUMBER Whittaker, James Oliver 21 - 11 Report debts incurred by the decedent prior to death that remained unpaid at the date of death, including unreimbursed medical expenses. ___ _-- __ ITEM DESCRIPTION NUMBER _ -_ __ _. 1 Messiah Village 2 Alert Pharmacy Serv. Inc. 3 Quantum Imaging and Therapeutic Associates 4 Jackson Siegelbaum Gastroenterologists 5 R. Lynn Magargle, M.D. 6 Urology of Central PA 7 Spirit Physicians Group - - TOTAL (Also enter on Line 10, Recapitulation) AMOUNT 613.50 47.30 108.70 399.08 188.02 13.75 107.20 1,477.55 REV-1513 EX+ (11-OS) SCHEDU/LpE J~+ COMMONWEALTH OF PENNSYLVANIA ! BENEFICIARIES INHERITANCE TAX RETURN RESIDENT DECEDENT __ _- - - __ ESTATE OF Whittaker, James Oliver __ _ _ - NAME AND ADDRESS OF PERSONS RELATIONSHIP TO NUMBER () DECEDENT RECEIVING PROPERTY oo Not i_ist Trustee(s) I~ TAXABLE DISTRIBUTIONS [include outright spousal distributions, and transfers under Sec. 9116 (a) (1.2)] 1 Sandra J. Whittaker 'Wife 3816 Copper Kettle Road Camp Hill, PA 17011 I FILE NUMBER 21 - 11 -.__ __ SHARE OF ESTATE AMOUNT OF ESTATE (Words) ($$$) 100% of residuary Estate Enter dollar amounts for distributions shown above on lines 15 through 18 on Rev 1500 cover sheet, as appropriate. II. NON-TAXABLE DISTRIBUTIONS: A. SPOUSAL DISTRIBUTIONS UNDER SECTION 9113 FOR WHICH AN ELECTION TO TAX IS NOT TAKEN B. CHARITABLE AND GOVERNMENTAL DISTRIBUTIONS TOTAL OF PART II -ENTER TOTAL NON-TAXABLE DISTRIBUTIONS ON LINE 13 OF REV-1500 COVER SHEET 0.00 ~~~~xrt.~~t~ U~~ JAMES 0 . WHI TTAKER 3$IC, Cx~pp~~,/,~e~tf(e ~2~P -= ~ ~~"~S 0 • 'vTHITTAKER, of Hampden Towns~hirG" ~ C ~~ Count Penns lvania, do make P~ umberland y' y publish and declare this to be my Last Will and Testament, hereby revoking all Wills and Codicils by me at any time made. ITEM I: I direct that a17: inheritance and estate taxes becoming due by reason. of my death, whether such taxes may be payable by my estate or by any recipient of any property, shall be paid by the Executor out of the property passing under ITEM V of this Wi11, as an expense. and cost of administration of my estate.: The Executor shall have no duty or obligation to obtain reimbursement for any such tax so paid, even though on proceeds of insurance or other property not passing under this Will. ITEM II: ~ may leave a written statement or list in my safe deposit box disposing or' certain items of my tangible personal property not otherwise disposed of herein. Any such statement or listing in existence at the time of my death shall be determinative with respect to all items bequeathed therein. If no written statement or list is four_d in my safe deposit box or elsewhere and properly identified by tze Executor within thirty (30) days after the probate of my W11, it shall be presumed that there is no other statement or list. Any subsequent discovered statement or list shall be ignored. Any such tangible personal property not listed in such a written statement I give and bequeath to my wife, Page 1 C'~ ~J SANDRA J. WHITTAKER, if she survives me. If my wif e predeceases me, I make said bequest to my children living at the time of my death, to be divided between them as they shall agree. ITEM III: I direct the Executor to pay the expenses of my last illness and funeral expenses from the property passing under this will as an expense and cost of administration of my estate. ITEM IV: If I predecease my wife, SANDRA J. WHITTAKER, I give and bequeath to her absolutely and in fee simple all of my household furniture and furnishings, books, pictures, jewelry, silverware, automobiles, wearing apparel and all other articles of household or personal use or adornment and all policies of insurance thereon. If I do not predecease my said wife, I make said bequest to my children living at the time of my death, to be divided between them as they shall agree. Should there be no agreement, such property shall be divided between them by the Executor in as nearly equal portions as is deemed practical in the sole discretion of the Executor, having due regard to the personal preferences of such children. { ITEM V: I give, devise and bequeath all the rest, residue and remainder of my estate, not disposed of in the preceding portions of this Will, to my wife, SANDRA J. WHITTAKER, as Trustee (hereinafter referred to as "Trustee") IN TRUST NEVERTHELESS, to be further divided into two parts,' each of which shall be held in trust and constitute a separate Trust Fund to be known as "Trust A" and "Trust B". Page 2 ^_ ('; ~._ "Trust A": There shall be placed in "Trust A" that fraction of my residuary estate of which the numerator shall be a sum equal to the largest amount that can pass free of Federal estate tax under my Will by reason of the unified credit and the state death tax credit (provided that the use of this credit does not require an increase in state death taxes) allowable to my estate but no other credit and after taking account of dispositions under other items of this Will and property passing outside of this Will which do not qualify for the marital or charitable deduction and after taking account of charges to principal that are not allowed as deductions in computing my Federal estate tax and of which the denominator shall be the value of my residuary estate. For purposes of establishing such fraction, the values finally fixed in the Federal estate tax proceeding relating to my estate shall be used. I recognize that the numerator of such fraction may be zero (0), in which case no property shall pass under "Trust A" and that said numerator may be affected by the action of the Executor in exercising certain tax elections. "Trust B": The balance of my residuary estate not placed in "Trust A" shall be placed into "Trust B" to be held, administered and distributed in accordance with ITEM VI of this Will. ITEM VI: apply to "Trust A": Page 3 The following provisions shall C. % . l.. J (a) The Trustee shall pay to or for the benefit of my wife, SANDRA J. WHITTAKER, all of the net income of this Trust in convenient installments not less frequently than annually and so much of the principal of this Trust as may be necessary in the sole discretion of the Trustee for the proper support, maintenance and medical care of my wife. (b) Upon the death of my wife, the then remaining principal of this Trust shall be distributed to such of my issue in such amounts and in such estates, in trust or otherwise, as my wife shall appoint making specific reference to this power of appointment in her Will or by written instrument executed during her lifetime, either before or after my death. (c) If the above power of appointment is for any reason not validly exercised in whole or in part, then such portion or all of the remaining principal of this Trust as shall have not been validly appointed shall be divided into as many equal shares as there are then living children of mine and then deceased children represented by then living issue. The share set aside for each then living chi]~d shall be distributed to such child absolutely and in fee simple. The share set aside for the then living issue of a deceased child of mine shall be paid to the then living issue of such deceased child, per stirpes; provided, however, that if any then living issue of such deceased child has not attained the age of twenty-five (25) years, his or her share shall be held in trust by Page 4 ,~ `_'i fir ~J, my then living children, as Trustees (hereinafter collectively referred to as "Trustee"), IN TRUST NEVERTHELESS, until said issue attains the age of twenty-five (25) years, at which time the Trustee shall distribute the remaining assets to such issue. During the term of said Trust, the Trustee shall quarterly pay to or for the benefit of said issue so much of the income and principal of said Trust as, in the discretion of the Trustee, may be necessary to maintain said issue in the proper station in life, including proper support, maintenance, medical care and college or higher education. In the event of the death of the Beneficiary prior to attaining the age of twenty-five (25) years, the remaining assets shall be paid to the estate of the Beneficiary. (d) If at any time there are no living beneficiaries of either of the Trusts established hereunder, the remaining assets shall be paid to the OSHEL/WHITTAKER SCHOLARSHIP FUND at the UNIVERSITY OF NORTH DAKOTA. ITEM VII: The following provisions shall apply to "Trust B": w (a) Trustee shall have, hold, manage, invest and reinvest the assets of this Trust, collect the income and beginning at my death pay over the net income in quarterly installments to my wife, SANDRA J. WHITTAKER, during her lifetime. The Trustee shall also, from time to time, pay to my wife such amounts of principal of this Trust as the Trustee deems Page 5 r ~ ' ~~, U~ J l~_~. necessary for the proper support, maintenance and medical care of my wife. (b) Upon the death of my wife, the Trustee shall pay all accrued income and all income accumulated but undistributed to the estate of my deceased wife and shall thereafter transfer the then remaining principal of this Trust to "Trust A" to be held, administered and distributed in accordance with the provisions of ITEM V of this Will. (c) If my wife should not survive me, then the provisions of "Trust B" shall be void and the part of my estate which would have constituted "Trust B" shall be added to "Trust A" to be disposed of in accordance with ITEM V of this will. (d) The Executor shall be authorized in the Executor's sole, exclusive and unrestricted discretion to determine whether to elect (under Section 2056(b)(7) of the Internal Revenue Code of 1986 as amended, or any corresponding provision of the Federal estate law), to qualify all, none or a fraction of "Trust B" for the Federal estate tax marital deduction. The decision of the Executor with respect to the exercise of the election shall be final and conclusive upon all persons whose interests in my estate are directly or indirectly affected by the election. Only property which is fully eligible for the marital deduction under Federal estate tax law shall be assigned to this Trust. Notwithstanding anything to the contrary contained in this Will, the Page 6 ~~ ~~ r; ~~ . Trustee of this Trust shall not retain beyond a reasonable time any property which may at any time be or become unproductive, nor shall Trustee invest in unproductive property. Notwithstanding the provisions of subparagraph (b) of this Item, the Trustee shall pay to the Executor of my wife's estate, out of the principal of this Trust upon the death of my wife, an amount equal to the estate, inheritance, transfer, succession and other death taxes ("death taxes"), Federal, state and other, payable by reason of the inclusion of the value of Trust property in my wife's estate. Such payment shall be equal to the amount by which (1) the total of such death taxes paid by my wife's estate exceeds (2) the total of such death taxes which would have been payable if the value of the Trust property had not been included in my wife's estate. The determination by my wife's Executor of the amount payable hereunder shall be final. I direct the Trustee to pay such amount promptly upon written request of my wife's Executor. The final determination of the amount due hereunder shall be based upon the value as finally determined for Federal estate tax purposes in my wife's estate. After payment of the amount finally determined to be due hereunder, the Trustee shall be discharged from any further liability with respect to such payment. rIy wife may waive her estate's right to payment under this subparagraph by Will, executed after my death, in which she specifically refers to the right to payment hereunder given to her estate. Page 7 l,J . ITEM VIII: No part of the income or principal of the property held under any Trust created by this Will shall be subject to attachment, levy or seizure by any creditor, spouse, assignee or trustee or receiver in bankruptcy of any beneficiary prior to his or her actual receipt thereof. The Trustee shall pay over the net income and the principal to the parties herein designated, as their interests may appear, without regard to any attempted anticipation, pledging or assignment by any beneficiary under a Trust, and without regard to any claim thereto or attempted levy, attachment, seizure or other process against said beneficiary. ITEM IX: In the settlement of my estate and during the continuance of the foregoing Trusts, the Executor and the Trustee shall possess, among others, the following powers: (a) To retain any investments I may have at my death, including specifically those consisting of stock of any bank even if I have named such bank as the Executor or Trustee herein, so long as the Executor or Trustee may deem it advisable to my estate so to do. ' (b) To vary investments, when deemed desirable by the Executor or Trustee, and to invest in such bonds, stocks, notes, real estate mortgages or other securities or in such other property, real or personal, as they shall deem wise, without being restricted to so-called "legal investments", and without being limited by any statute or rule of law regarding investments by fiduciaries. Page 8 ~~~ ~ V L~ (c) In order to effect a division of the principal of a Trust or for any other purpose, including any final distribution of a Trust, the Executor or Trustee is authorized to make said divisions or distributions of the personalty and realty, partly or wholly in kind, and to allocate specific assets among beneficiaries and Trusts created hereunder so long as the total market value of any share is not affected by such division, distribution or allocation in kind. Should it appear desirable to partition any real estate, the Executor or Trustee is authorized to make, join in and consummate partitions of lands, voluntarily or involuntarily, including giving of mutual deeds, recognizances or other obligations, with as wide powers as an individual owner in fee simple. (d) To sell either at public or private sale and upon such terms and conditions as the Executor or Trustee may deem advantageous to the estate or Trust, any or all real or personal estate or interest therein owned by the estate or Trust severally or in conjunction with other persons or acquired after my death by the Executor or Trustee, and to consummate said sale or sales by sufficient deeds or other instruments to the purchaser ~r purchasers, conveying a fee simple title, free and clear of all trust and without obligation or liability of the purchaser or purchasers to see to the application of the purchase money or to make inquiry into the validity of said sale or sales; also, to make, execute, acknowledge and deliver any and all deeds, assignments, options or Page 9 ~J other writings which may be necessary or desirable in carrying out any of the powers conferred upon the Executor or Trustee in this paragraph or elsewhere in my will. (e) To mortgage real estate, and to make leases of real estate . (f) To borrow money from any party, including the Executor or Trustee, to pay indebtedness of mine or of my estate, expenses of administration or inheritance, legacy, estate and other taxes, and to assign and pledge assets of my estate therefor. Provided, however, that this paragraph shall not authorize borrowing from "Trust B". (g) To pay all costs, taxes, expenses and charges in connection with the administration of my estate or a Trust. If any estate or inheritance taxes are payable from assets received by the Trustee, such taxes shall be paid from the assets constituting "Trust A". (h) To make distributions of income and of principal to the proper beneficiaries thereof, during the administration of my estate, with or without court order, in such manner and in such amounts as my Executor deems prudent and appropriate. (i) To vote any shares of stock which form a part of the estate or Trust, and otherwise to exercise all the powers incident to the ownership of such stock. Page 10 ,~>_~ (j) In the discretion of the Executor or Trustee, to unite with other owners of similar property in carrying out any plans for the reorganization of any corporation or company whose securities form a part of the estate. (k) To disclaim any interest in property which would devolve to me or my estate by whatever means, including but not limited to the following means: as beneficiary under a will, as an appointee under the exercise of a power of appointment, as a person entitled to take by intestacy, as a donee of an inter vivos transfer, and as a donee under a third-party beneficiary contract. (1) To do all other acts in their judgment deemed necessary or desirable for the proper and advantageous management, investment and distribution of the estate or Trust. (m) In the event of a dispute between the Trustees with respect to the exercise of any power granted the Trustees under this Item, the decision of the individual Trustee shall control (except to the extent otherwise specifically provided in this Will). ITEM X: Any person, other than my wife, who shall have died within thirty (30) days of my death, shall be deemed to have predeceased me. If my wife and I die simultaneously, or under such circumstances that the order of our deaths cannot be established by proof, my wife shall be deemed to have survived me. Page 11 . ''~ ~-~-% ~` ITEM ~I; I hereby nominate, constitute and apnoir_t my wife, SA~Y~FuS J. W~ITT4~R to be the Executrix., r,ereir_ referred to as "Executor" . In. the event of her death or her inability or rerusal to serve, I nominate, constitute and appoint my daughter, k~LLIE LYNN W~ITTAKER, and my son, JAMJS OLIV~:R WFITTA.~P,, II, to be the Executors and Trustees, herein referred t0 aS "E3eCUtOr" and "Trustee". The E:~eClltOr and 1ruStee are specifi Ca11y relieved fI~CIIl the duty Or 0~11gat10;1 of filing any bond or other security. IN WITNESS WHEREOF, I have set my hand and seal to ti11S, my Last W111 and Testament, ConSlSting. Of til_S and file preCeding eleven (11) pages , at..th.e° End of ezcn. pace Of which 1 have alSO Set my 1?llt1a15. fOr greater SeCUrlty and bei_ter identification this ~~~` ;day~o~ ~~~-~h-`'`~ a~~~ Z ~(,r,.. o/ ( S J . S 0 .:._ w~:ITTP..I~R We, the. undersigned.,...hereby certify that the foregoing Will was signed, seal.E.d, pubT.i`shed and declared by the abovc- ramed Testator as and. for his Last Will and Testament, iP the aresence of us, who,: at._ his request and in his presence ar_d in the presence of each other, have hereunto set our ile.nds and seals the day and year first above written, and we certify that at the t1IIie Of the e~recut? On thereof , file said TeStatOr WcS Of sound ar_d disposing mind and memory. F ~ ~/ ~ll~~ L~71 ~ EAL) Re s i d i r_g at E,vo /~- ~~ ./7o zJ ~Er_L) Residing at off/ ~¢.~~d iC~ C ,•,~` , ~~~, ~zot NO'~A~IAL ~~Al~ LOUD J. LOAF, Ngt~tN F'ubflC Camp Nill (3oro, ~urnb~r~and County Nly Commission =x~7iri:s April 1d, 2603 07/15/2011 11:48 7177617568 James O Wfiittaker 3816 Copper Kettle Rd Camp HIII. PA 17011-1410 PAGE 01 ~~~ Page ' 1 of 1 V~~~ ,,.~. Flagship Services: 800-345-1344 Michael Rose extension 16944 __ _.__.. Total report value: $24,b93,85 (Total report value includes any accruetl Dividends ) J~°I!•`^"1~" I . , ~. 1~~~~1,1'~1~ ~~~~~1'6WP,7~j~~;t'IRRK TOi~R~r'~ 1 t , . . Ll I ISM J ~{ll,, 1M1~..~~ ~ , .. Name Fund & Account Dete Price Per Accrued Number Opened Shares Share" Value' Dividends Wellington Fund Inv OOZ1-88005167038 04/1412010 ~ 754.121 $32.48 $24.x93.85 ~ - Federel Money MM Fund 0033-88005187038 11!26/2007 ` 0,000 51.00 $0.00 I $0.00 ---------..._. _..__..a 1 Totals _ .....__...... . .... 524,493.85 30.00 _ ' DoesnY Include accrued dividand9. " Aa of the prior bualness date, Od121/2011, since the report date is a nonbusines6 day r 033594272a J7l1a/2011 1122:57 87/15/2©11 11:45 7177617568 James Olwgr Whittaker 3818 Copper Kellte Rd Camp HIII, PA 17011-1418 i~- " Vanguard" ., . ~ Flagship Services: 800-345-13x4 Michael Rose extgns~on 16944 Total report value: (Total report value includes any accrued drvrdends ) PAGE 8i Page > 1 of 1 $36D,865.77 1 Name Fund & Account bete ~ Price Per Accrued Number Opengd Shares !Share" Value' Divrdends i Weuington Fund Admiral 0521-09848011607 04/14/2010 6,432.545 ~ $56 10 $360 865 77 - Federel Mon Mkt Fund 0033-09848x11807 111128!2007 j 0.000 i 51.00 I 30.00'! $0.00 ~ I I Totals 5360,885.77 ' $O.DO ' Doesn't Include accrued dlvldends. `-~---"`~-- " Ae of the prior Dusinese date, D4/21f2011, Since the report date is a nonbuslnesc day 0463241 t 3a 07/14/2011 1 t ;Z3: t 1 ~~~ ~ ~ ~~~ Making things happen for you. July 18, 2011 To V`'hom It May Concern: [ am writing to verify the account balance as of April 23, 2011 in checking account number 1300509. The account balance was $69,130.74. Should you have further questions please contact me at 717-761-2480. Thank you very much! Sincerely, PENN BANK ~ 3 t ~~ ~~~ Jessica O'Shea Branch Manager Carlisle Pike 717-761-2480 N Member FDIC Corporate Headquarters: 349 Union Street, Millersburg, PA 17061 ®(717) 692-2133 ~ www.midpennbanl<.com