HomeMy WebLinkAbout06-26-12
15056051058
REV-1500 EX (06-05) OFFICIAL USE ONLY
PA Department of Revenue Coun Code Year File Number
Bureau of Individual Taxes ry
Po sox 2aosol INHERITANCE TAX RETURN
Harrisburg, PA 17128-0601 RESIDENT DECEDENT 21 10 1227
ENTER DECEDENT INFORMATION BELOW
Social Security Number Date of Death Date of Birth
07/06/2010 12/15/1936
Decedent's Last Name Suffix Decedent's First Name MI
Clark Robert E
(If Applicable) Enter Surviving Spouse's Information Below
Spouse's Last Name Suffix Spouse's First Name MI
Clark Carol E
Spouse's Social Security Number
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 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)
c,Y',~;
CORRESPONDENT - THIS SECTION MUST BE COMPLETED. ALL CORRESPONDENCE AND CONFIDENTIAL TAX INFORMATION SHOULD BE DIRECTED TO'
Name Daytime Telephone Number
Lisa Marie Coyne, Esq. (717) 737-0464
Firm Name (If Applicable)
r-..,
REGISTER OI~ILLS USE ON~
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Coyne & Coyne, P.C. cc~_ ~ ~~..y
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First line of address ~ r ; '- ~ ~J
3901 Market Street ~ . = rv
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Second line of address C - ~
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Cit or Post Office
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State ZIP Code ~ ~ ,.. - .,7 c
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Camp Hill PA 17011 ~~
Correspondent's a-mail address:
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.
SI`GJNATURE OF PERSON RE ONS LE OR FILING RETURN ~ pATE
ADDRESS --7-"
Carol E. Clark 31 Eastgate Drive, Camp Hill, PA 17011 _ __
SIGNATURE OF PREPARER OTHER THAN REPRESENTATIVE DATE
ADDRESS
PLEASE USE ORIGINAL FORM ONLY
Side 1
15056051058 15056051058
~~~
REV-1500 EX
15056052059
RObert E Clark
'
Decedent
s Name:
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 8~ Administrative Costs (Schedule H) ................... .. 9.
10. Debts of Decedent, Mortgage Liabilities, & Liens (Schedule I) .............. .. 10.
11. Total Deductions (total Lines 9 8~ 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 .0 0 0.00 15.
16. Amount of Line 14 taxable
at lineal rate X .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
15056052059 Side 2
Decedent's Social Security Number
0.00
0.00
0.00
0.00
8,500.00
352.66
0.00
8,852.66
21,369.88
351,463.58
372,833.46
0.00
0.00
0.00
0.00
0.00
15056052059
REV-1500 EX Page 3
Decedent's Complete Address:
File Number
21 10 1227
DECEDENT'S NAME DECEDENT'S SOCIAL SECURITY NUMBER
Robert E Clark 185-30-9351
STREET ADDRESS
31 Eastgate Drive
Cif'
Camp Hill STATE
PA ZIP
17011
Tax Payments and Credits:
1. Tax Due (Page 2 Line 19) (1) 0.00
2. CreditslPayments 0
00
.
A. Spousal Poverty Credit _
B. Prior Payments 0.00
C. Discount 0.00
- Total Credits (A+ B + C) (2) 0.00
3. InteresUPenalty 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 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) 0.00
B. Enter the total of Line 5 + 5A. This is the BALANCE DUE. (5B) 0.00
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; or ................................................................................................................... ....... ^
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 "in trust for" or payable upon death bank account or security at his or her death? ........ ...... ^
4. Did decedent own an Individual Retirement Account, annuity, or other non-probate property which
contains a beneficiary designation? .................................................................................................................. ...... ^ ^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 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 exemot a transfer to a surviving spouse from tax, and the statutory requirements for disclosure of assets and
filing a tax return are stilt applicable even if the surviving spouse is the only beneficiary.
For dates of death on or after July 1, 2000:
The tax rate imposed on the net value of transfers from a deceased child twenty-one years of age or younger at death to or for the use of a natural parent, an
adoptive parent, or a stepparent of the child is zero (0) percent [72 P.S. §9116(a)(1.2)].
The tax 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-1504 EX+ (6-98)
COMMONWEALTH OF PENNSYLVANIA
INHERITANCE TAX RE TURN
RESIDENT DECEDENT
SCHEDULE C
CLOSELY-HELD CORPORATION,
PARTNERSHIP OR
SOLE-PROPRIETORSHIP
ESTATE OF FILE NUMBER
Robert E. Clark 21-10-1227
I Schedule C-1 or C-2 (including all supporting information) must be attached for each closely-held corporation/partnership interest of the decedent, other than a
sole-proprietorship. See instructions for the supporting information to be submitted for sole-proprietorships.
REV-LSOG EX~ (12-ll
it Pennsylvania
•~ DEPARTMENT OF REVENUE
INHERITANCE TAX RETURN
RESIDENT DECEDENT
ESTATE OF
Robert E. Clark
1
Name of Partnership East Gate Industries
Address 273 Mulberry Drive, Unit 3
City Mechanicsburg
2. Federal Employer ID Number 23-2250332
3. Type of Business machine Shop
ProducUService
FILE NUMBER
21-10-1227
Date Business Commenced 07/26/83
Business Reporting Year
State__p~ ZIP Code 17050
4. Decedent was a ®General ^ Limited partner. If decedent was a limited partner, provide initial investment $
5~ PARTNER NAME PERCENT PERCENT BALANCE OF
OF INCOME OF OWNERSHIP CAPITAL ACCOUNT
q, John T. Heffner 50 50 0.00
B.
C.
D. I
6. Value of the decedent's interest $ 0.00
7. Was the partnership indebted to the decedent? ................................... ^Yes ®No
If yes, provide amount of indebtedness $
8. Was there life insurance payable to the partnership upon the death of the decedent? ...... ^Yes ®No
If yes, Cash Surrender Value $ Net proceeds payable $
Owner of the policy
9. Did the decedent sell or transfer an interest in this partnership within one year prior to death or within two years if the date of death was
prior to 12-31-82?
^ Yes ®No If yes, ^ Transfer ^ Sale Percentage transferred/sold
_ _ ...........--------
Transferee or Purchaser _ _ Consideration $ _ Date _ _
Attach a separate sheet for additional transfers and/or sales.
10. Was there a written partnership agreement in effect at the time of the decedent's death? ...... ^Yes ®No
If yes, provide a copy of the agreement.
11. Was the decedent's partnership interest sold? ......................................... ^Yes ®No
If yes, provide a copy of the agreement of sale, etc.
12. Was the partnership dissolved or liquidated after the decedent's death? .................... ®Yes ^ No
If yes, provide a breakdown of distributions received by the estate, including dates and amounts received.
13. Was the decedent related to any of the partners? ...................................... ^Yes ®No
If yes, explain
14. Did the partnership have an interest in other corporations or partnerships? ............... ^Yes ®No
If yes, report the necessary information on a separate sheet, including a Schedule C-1 or C-2 for each interest.
• • •- ~ ~ ~
A. Detailed calculations used in the valuation of the decedent's partnership interest.
B. Complete copies of financial statements or federal partnership income tax returns (Forrn 1065) for the year of death and four preceding years.
C. If the partnership owned real estate, submit a list showing the complete address/es and estimated fair market value/s. If real estate appraisals have
been secured, attach copies.
SCHEDULE C-2
PARTNERSHIP
INFORMATION REPORT
D. Any other information relating to the valuation of the decedent's partnership interest.
,:
.. ~~..
~~
~~E & CO~'NE, P.C.
~sa Marie Coyne, Esquire
Pa. Supreme Ct. No. 53788
3901 Market Street
Camp Hill, PA 1 70 1 1-4227
(717) 737-0464
si~~~ 'i'~Ei~
CAROL E. CLARK, EXECUTRIX OF
THE ESTATE OF ROBERT E. CLARK,
DECEASED.
Plaintiff
vs.
~i~ ~ ~ ,i~Es't Ge Sift t' _'
Attorney For 1'lc~intiff
I:N THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA ~''
i'~
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NO. l l-~. SS(D Civil Term
ACTION IN EQULTY
'~~ fJ~'ICE '~'O DEFEND AND CL~.IZI I~_GH'I'S
JOHN HEFFNER,
Defendant
YOU Hr~VE BEEN SUED IN COURT. IF YOU WISH TO DEFEND AGAINST THE
CI,AIlVIS SET FORTH IN THE FOLLOW 1NG PAGES, YOU MUST TAKE ACTION WITI-IIN
T'wti'ENTY (20) DAYS AFTER THIS NOTICE IS SERVED, B~" ENTERING= A WRITTEN
APPEARA~iCE PERSONALLY OR BY AN ATTORNEY AND FILLNG LET WRITING WITH THE
COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIYi IS SET FORTH AGAINST YOU.
YOU ARE WARNED THAT IF YOU FAIL, TO DO SO THE CASE MAY PROCEED WITHOUT YOU
AND A JUDGMENT MAY BE ENTERED AGAINST YOU BY THE COURT WITHOUT FUZ2THER
NOTICE FOR ANY MONEY CLAIMED IN THE COMPLAINT OR FOR ANY OTHER CLAIM:OR
RELIEF REQUESTED BY THE DEFENDANT. YOU MAY LOSE MONEY OR PROPI~;RTY'°OR
OTHER RIGHTS IMPORTANT TO YOU. ;
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOti DO.NOT
HAVE A LAWYER OR CANNOT AFFORD ONE, TO GET LEGAL HELP SHOULD
CONTACT:
Cumberland County Bar Association
32 South Bedford Street
1-(800)-990-9108
717-249-3166
~,
1
`Mpr
Lisa Marie Coyne, Esquire
Coyne & Coyne, PC
Pa. Supreme Ct. No. 53788
3901 Market Street
Camp Hill, PA 17011-4227 1
(717) 737-0464 ~ Attorney For Plaintiff
CAROL E. CLARK, EXECUTRIX OF IN THE COURT OF COMMON PLEAS OF
THE ESTATE OF ROBERT E. CLARK, :CUMBERLAND COUNTY, PENNSYLVANIA
DECEASED.
Plaintiff
vs. : NO. Civil Term
JOHN T. HEFFN~;R,
Defendant
ACTION INEQUITY
CO~_~PI.AI~tT FOI1 ti~'Ii~~TiVG LEI' O r GENE~4L P~1.RTNEI~SI~IIJ'
A\~) ~~ _~CCOUNI'ING OF FART_NF,RSIUI' PURSIiANT TO l~ va.C.S.A• ~ S~ 5
i0 THI/ HONOF~~BLE, Judges of Said Court:
~Oti~' CONIES the Plaintiff, CAROL E. CLARK, Executri~c of the Estate of Robert E. Clark,
deceased, by her attorneys, CO~i~IE ~ COYNE, F.C. and avers the following in support of this
Complaint:
1. Plaintiff, Carol E. Clark, is an individual residing at ~ 1 Eastgate Drive, Camp Hill,
Cumberland County, Pennsylvania.
2. Defendant, John T. Heffner, is an individual residing at 6887 Wertzville Road; Enola,
Cumberland County; Pennsylvania.,
3. On July 6, 2010, Robert E. Clark died testate at the `age of seventy-three (73) years old
and was survived by his wife, the Plaintiff, Carol E. Clark. '
4
2
V _. _~
J
4. On December 15, 2010, the Plaintiff, Carol E. Clark, was appointed as Executrix of the
Estate of Robert E,. Clark in according with the decedent's Last Will and Testament. (See Exhibit "A" -
Certificate of Grant of Letters).
5. The late Robert E. Clark and the Defendant were partners doing business as Eastgate
Industries, a Pennsylvania Partnership with its place of business at 273 Mulberry Drive, Unit 3,
Mechanicsburg, Cumberland County, Pennsylvania.
6. On or- about Spring 1983, the late Robert E. Clark and Defendant entered into an oral
agreement of par~ership for the purpose of creating a machine shop named Eastgate Industries and
dividulQ the profits or losses equally between them.
7. On or about July 26, 1983, Eastgate Izidust,~ies, a legal entity, was created and the
appropriate paperwork was filed with the Pennsylvania Department of State, Corporations Bureau.
8. Lander the partnership agreement, the late Robert F,. Clark is entitled to any profits
Eastgate Industries has received.
9. On July 7, 2009, the late Robert E. Clark, through his attorney, contacted the Defendant
requesting dissolution of the partnership and a review of the finaricial records of Eastgate Industries as
well as the assets and ).iabihties of Eastgate Industries. (See Exhibit "B" -letter dated July 7, 2009).
10. As part of the partnership agreement, the late Robert E. Clark entered. into a mortgage on
his personal residence which was recorded in the Cumberland County Recorder of Deeds Office on July
18, 1983 and those liquid funds were transferred to the Partnership.
11. The late Robert E. Clark purchased various tools for Eastgate Industries in accot-dance
k'
with the partnership agreement.
12. The Defendant has been nonresponsive to the request of the late Robert E. Clark through
his counsel to account for partnership assets.
3
~~r...:.
13; Under 15 Pa.C.S.A. § 8353, a partnership is dissolved by the death of one of the partners.
a
14. The Defendant has exclusive possession of the partnership books, accountings,
equipment, fixtures and assets of the business.
15. The Defendant has been responsible for the day-to-day operations.of Eastgate Industries.
16. Plaintiff does not lrnow the extent of the partnership assets and liabilities.
COUNT I -ACCOUNTING
17. Paragraphs 1-16 axe incorporated herein.
13. Plaintiff is entitled under 15 Pa.C.S.A. § 8101-8708 to an accountin by the Defendant of
the partnership mezi~es and property which have been wasted, converted and losi because o the
Deicndani's misconduct, mismanagement and breach of obligation>.
19. Defendant is liable to Plaintiff for the value of the monies and property which have been
wasted, converv~ed and lost because of the Defendant's misconduct, nsmanagement and breach of
obligations.
20. Plaintiff has no adequate remedy at: law.
WHEREFO]~E, the Plaintiff requests an accounting of the Partnership monies and property and
}
the entry of judgment in favor of the Plaintiff and against the Defendant for the value of the monies and
property shown by the accounting that have been wasted, converted and lost because of the Defendant's
fi
misconduct, mismanagement and breach of obligations.
COUNT 2 -WINDING UP OF PARTNERSHIP
:f
21. Paragraphs 1-20 are incorporated herein.
4
~-,,
3
22. Under 15 Pa.C.5.A. § 8359 any partner or his representative may request winding up of
the partnership by the court.
23. Plaintiff is the representative of the Estate of Robert E. Clark, deceased.
WHEREFORE, the Plaintiff respectfully requests that: 1) winding up of the partnership be
decreed; 2) an injunction be issued, preliminarily until such time as a hearing and a final order is issued,
restraining Defendant from buying, selling or collecting funds for the partnership and transacting any
business in the partnership's name, from taking any of its goods or cash, and from interfering in any many
with the pa~~nership, or its business or property; and 3) any other relief awarded. by tha Honorable
C Ollr ~.
Respectfully submdtted:
COYNE & COY~IE, P.C.
Dated: ~~~I
By:
L sa Marie Coyne, Esquire
3 Ol Market Street
amp Hill, PA 17011-4227 ''
(717)737-0464
Pa. S. Ct. No. 53788
Attorney for Plaintiff ~k•
,~
.~~~
J
VERIFICATION
The facts set forth in the foregoing are true and correct to the best of the undersigned's
knowledge, information and belief and are verified subject to the penalties for unsworn
falsification to authorities under 18 Pa. C.S.A. § 4904.
/ f~ ~ ~ ,`i
~- -
Carol E. Clark, Executrix
s.
F
-- ~~~ -
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CERTIFICATE OF
GRA~1T OF LETTERS
No . 2010- 01227
-~~ Nc~. 27- 10- 1227
Estate Of : ROBERT E CLARK
(First, ,Llidd/e, LasYl ----- --
Late Of: HAMPDEN TOWNSHIP
CUMBERLAND COUNTY
Deceased
Social Security Ne: 785-30-9351
WHEREAS, on the 15th da of
Y December 2010 an i.nstrumert dated
July 7th 199 was admitted tc p'--obare ~ls the 7aat r,,r_i 7 7 ~~=
ROBERT E CLARK ~ y
iPi~sY, ,Middle, L3sr) - .
late of h:;ll/IPDciV 7~OV'//`/SH/~'; CUMBERLAND County,
wY,o died o_? the 6t%~ day of July 2n i n
- and,
~Tr ERA ? S, a !-_ u e
coPY o%'~ the well as probated is anise<ce~ ~~e--~eto.
1 ~"R`' OpF', T; GLE,NDA EARNER STRASBAUGH _
,~ /
Ur ~'~~r~ "'_::'~,i 7J ~ i -.~ ~ 1_ ~g1 s~e_r C.~ /~i' 11,s 1n ~..
*_ ~
o-z n t, , in the Commonweal th of rer ~ ;~ ~ ' Y
certif;, that -ylTran_a, rere.o
I have. Phis day granted Letters TESTAMENTARY to:
CAROL ECLARK
who has duly goal ; fi ed as EXEC;UTQR(R/X)
and has agreed to administer the estate according to law
fully appears of r ~ all cif wd~iich
ecord in my office a t CUMBERLAND COUNT`/ COURT HOUSE,
CARLISLE, PENNSYL VAN/A,_
IN TESTIMONY WHEREOF, I have hereunto set m
of my office on the 15th day of December 2010; Y hand and aff ixedy the seal
egiste~ of V i//S ,
\ ~ .~
Dep -~-- ~
~~ Cow & Cow
A PROFESSIONAL, CORPQRATION
ATTOR2~TEYS AT LAW
Hen7y F. Coyne
Lisa Marie Coyne
3901 Market Street
Camp Hil'_, Pennsylvania
17011-4227
r
July 7, 2009
T_7-737-0464
Fax.: 717-737-5161
wyvw. coyneandcoyne.c.om
Mr. John Heffner
6887 Wertzville Road
Enola, Pa 17~?5
NIr. John Heffner
Eastgate Industries
273 Mulberry' Drive, Unit 3
Mechanicsburg, PA 1705
Re. East~ate Industries
De~~.~ tVlr. Hef~i::r:
NIr. and Mrs. -Robert Clark contacted me requesting assistance in concluding and
dissolving East~,:age L~Idustries.
I understand from speaking with Steve Gilt, CPA, as well as with speaking with the
Clarks that you have been the sole point of contact concerning the day-to-day operation of the
business. The Clarks do not have a current accounting concerning the business and we require
one in order to resolve this matter. Therefore, I am requesting that you contact my office', to
` coordinate a time when we can meet to review the company books and accountings as well as
Liabilities and assets. I understand that there is a significant amount of equipment purchased by
Bob which remains at the shop. The equipment and supplies will have to be inventoried as well.
~..
I look fozward to hearing from you no Later than July 14, 2009. Thank you in advance for
your prompt attention and continued cooperation. in this regard.
Very truly yours,
& COYNE, P.C. `
Lis Marie oyne `~~
LMC/cmc
Cc: Mr. and Mrs. Robert Clark
Steve Crift, CPA ~ _ _ ~ ,
REV-1508 EX+ (6-98)
COMMONWEALTH OF PENNSYLVANIA
INHERITANCE TAX RETURN
RESIDENT DECEDENT
SCHEDULE E
CASH, BANK DEPOSITS, & MISC.
PERSONAL PROPERTY
ESTATE OF FILE NUMBER
Robert E. Clark 21-10-1227
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.
(IT more space is needed, insert additional sheets of the same size)
REV-1509 EX+ (6-98)
SCHEDULE F
COMMONWEALTH OF PENNSYLVANIA JOINTLY-OWNED PROPERTY
INHERITANCE TAX RETURN
RESIDENT DECEDENT
ESTATE OF FILE NUMBER
Robert E. Clark 21-10-1227
If an asset was made joint within one year of the decedent's date of death. it must he reoertnd nn Srhnd~dn r,
JOINTLY-OWNED PROPERTY:
ITEM
NUMBER LETTER
FOR JOINT
TENANT DATE
MADE
JOINT DESCRIPTION OF PROPERTY
INCLUDE NAME OF FINANCIAL INSTITUTION AND BANK ACCOUNT NUMBER OR SIMILAR
IDENTIFYING NUMBER. ATTACH DEED FOR JOINTLY-HELD REAL ESTATE.
DATE OF DEATH
VALUE OF ASSET % CF
DECU'S
INTEREST DATE OF DEATH
VALUE OF
DECEDENT'S INTEREST
~ ~ A' 03116/81 Citizens Bank Checking Acct
No
XXXXXX377
.
. 705.33 b0 352.66
TOTAL (Also enter on line 6, Recapitulation) ~ $ 352.66
(If more space is needed, insert additional sheets of the same size)
p ,, ~.„„mrri~r~'nm~r~>
-~
~ ~i~izens Bank
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Account Number 6100765377
Account Title Robert Edward Clark / Carol E Clark
Date Opened 3/16/1981
Account Type Checking
Principal Balance as of DOD $705.33
Interest from Last Posting to DOD $ .00
Account Balance as of DOD $705.33
YTD Interest to DOD $ .00
*** account has been joint since we acquired it from Melton on 4iwiLVV ~.; .
REV-1511 EX+ (12-99)
SCHEDULE H
COMMONWEALTH OF PENNSYLVANIA FUNERAL EXPENSES &
INHERITANCE TAX RETURN ADMINISTRATIVE COSTS
RESIDENT DECEDENT
ESTATE OF FILE NUMBER
Robert E. Clark 21-10-1227
Debts of decedent must be reported on Schedule I.
ITEM
NUMBER DESCRIPTION AMOUNT
A. FUNERAL EXPENSES:
t' Malpezzi Funeral Home 5,497.00
2. Honorarium 200.00
3. Reception 300.00
B. ADMINISTRATIVE COSTS:
1. Personal Representative's Commissions
Name of Personal Representative(s)
Social Security Number(s)/EIN Number of Personal Representative(s)
Street Address
City State Zip
Year(s) Commission Paid:
2. Attorney Fees 10,000.00
3. Family Exemption: (If decedent's address is not the same as claimant's, attach explanation) 3,500.00
claimant Carol Clark
street address 31 Eastgate Drive
City Camp Hill State PA .Zip 17011
Relationship of Claimant to Decedent Wife
4. Probate Fees 71.50
5. Accountant's Fees
6. Tax Return Preparer's Fees 500.00
~. Cumberland Law Journal --legal advertisement 75.00
s. Patriot News -- legal advertisement 123.38
s. Inheritance Tax Filing Fee 15.00
~ o. Postage 88.00
~ ~ . Reserves 1, 000.00
TOTAL (Also enter on line 9, Recapitulation) I $ 21,369.88
(If more space is needed, insert additional sheets of the same size)
REV-1.`_;12 EX+ (12 0&)
~ Pennsylvania SCHEDULE I
DEPARTM F.NT OF REVENUE DEBTS OF DECEDENT,
INHERITANCE TAx REruRN MORTGAGE LIABILITIES & LIENS
RESIDENT DECEDENT
ESTATE Of FILE NUMBER
Robert E. Clark 21-10-1227
Report debts incurred by the decedent prior to death that remained unpaid aC the date of death, including unreimbursed medical expenses.
If more space is needed, insert additional sheets of the same size,
i ~~-_
Department of the Treasury -Internal Revenue Service
Form 668 (Y){c) Notice of Federal Tau Lien
(Rev. February 2004)
Area: ~ Serial Number
SMALL BUSI23ESS/SELF EMPLOYED AREA #2 t
Lien Unit Phone: (800} 913-6050 763660611
As provided by section 6321, 6322, and 6323 of the Internal Revenue
Code, we are giving a notice that taxes (including interest and penalties) ',
have been assessed against the following-named taxpayer. We have made
a demand for payment of this liability, but it remains unpaid. Therefore,
there is a lien in favor of the lJnited States on al{ property and rights to
property belonging to this taxpayer for the amount of these taxes, and
additional penalties, interest, and costs that may accrue.
Name of Taxpayer EAST GATE INDUSTRIES , a Partnership
JOHN T. HEFFNER, A PARTNER ROBERT E. C]
Residence 2 3 7 MULBERRY DR STE 3
MECHANICSBURG, PA 17050-7914
For Optional Use by Recording Office
it - 303 F T~
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IMPORTANT RELEASE. INFORMATIONi For each assessment listed below,
unless notice of the lien is refiled by the date given in column {e), this notice shall, Q
on the day following such date, operate as a certificate of release as defined /9 • ~~~~~ ~L,~yLGt~~'~~~~''`~~yt11~°
in IRC 6325(a). ~c~ a S~. / ~ ~
Tax Period Date of Last Dayy for L]i:L.aid Balance
Kind of Tax Ending identifying Number Assessment Refiling of fxss~ssment •
{a) fib) (c) ~d) fie) {~
94i 03j31/2000 23-2250332 05/07/2007 06/06/2017 19027.08
941 06/30/2000 23-2250332 05/07/2007 Oo'/06/2017 18674.58
941 09/30/2000- 23-2250332 05/07/2007 06/06/2017 18329.96
941 12/31/2000 23-2250332 05/07/2007 06/06/2017 17992.75
941 03/31/2001 23-2250332 05/07/2007 06/06/2017 16093.60
94i 06/30/2001 23-2250332 05/07/2007 06/06/2017 15842.63
941 09/30/2001 23-2250332 05/07/2007 06/06/2017 15617.60
941 12/31/2001 23-2250332 05/07/2007 06/06/2017 15407.00
941 Q3 /31/2002 23-2250332 05/07/2007 06/06/2017 14685.12
941 06/30/2002 23-2250332 05/07/2007 06/06/2017 14485.93.
941 09/30/2002 23-2250332 Q5/07/2007 06/06/2017 - 14289.66
941 12/31/2002 23-2250332 _ 05/07/2007 06/06/2017 14$27.70
941 03/31/2003 _
23-2250332 05/07/2007 06/06/2017 14287.17
.941 06/30/2003 23-2250332 05/07/2007 06/06/20.17 14143.65
941 09/30/2003 23-2250332 05/07/2007 06/06/2017 .14011.30
Place of Filing
Prothonotary
Cumberland County Total $
23
7015.73
Carlisle, PA 17013 .
_
' .R
This notice was prepared and signed at - DETROIT, MI , on this
the 0 8th day ofi March 2 O 11
Signature ~ ~ Title -.
REVENUE OFFICER 22-06-1408
for MiGNA RODRIGUEZ (717) 777-96?_2
(NOTE: Certificate of officer authorized by law to take acknowledgment is not essential to the validity of Notice of Fedeial Tax lien
Rev. Rul. 71-466, 1971 - 2 C.B. 409)
Part 1 -Kepi By Recording Office Forrn 668{17{c)I (Rev. 2-2004)
CAT, NO 60025X
Eorm b68 (7)(c)
(Rev. February 2004)
11883
Department of the Treasury -Internal Revenue Service -
Notice of Federal Tax Lien ~'
Area: Serial Number For Optional Use by Recording Office
SMALL BUS2NESS/SELF EMPLOYED AREA #2
lien Unit Phone:~(800? 913-6050 763660711
~ / ~ 30~3~
~ ~~'
As provided by section b321, b322, and b323 of the Internal Revenue
Code, we are giving a notice that taxes (including interest and penalties}
have been assessed against the following-named taxpayer. We have made
a demand for payment of this liability, but it remains unpaid. Therefore,
there is a lien in favor of the United States on alt property and rights to
property belonging to this taxpayer for the amount of these taxes, and `-y ''~'; -~
additional penalties, interest, and costs that nay accrue. ti ~ - -`'
a~ ~,, =t=,-I
Name of Taxpayer EAST GATE INDUSTRIES, a Partnership p~ ~ :~
JOHN T. HEFFNER, A PARTNER ROBERT E. C K, A .Pp`~R-- -°,
_
ter. ~ ~
~
Residence 2 3 7 MULBERRY DR STE 3 _
'^ ~- ~ r
MECHANICSBURG, PA 17050-7914 `~`~~ y
- ~ .
IMPORTANT RELEASE INFORMATION: For each assessment listed below, ``~
unless notice of the lien is refiled by the date given in column (e), this notice shall, ~ -~-
on the day foHawing such date, operate as a certificate of release as defined 19. Q~ joc/. a° ~i7LGUrriGfv-~~
in IRC 63254x1. ~ ~ L,
Tax Period Date of Last Dayy for l3npaid Balance
Kind of Tax Ending Identifying Number Assessment Refiling of Assessment
(a) (b) (c) (d) Le) ~= fl
940
12/31/X)00
23-2250332
05/07/2007
06/06/2017 _
38b0.50
940 12/31/2001 23-2250332 05/07/2007 05/06/2017 2724.43
940 12/31/2002 23-2250332 05/07/2007 06/06/2017 2598.18
940 12f31/2003 23-2250332 05/07/2007 06/06/2017 2503.05
940 12/31/2004 23-2250332 05/07/2007 06/06/2017 2050.37
940 12/31/2005 23-2250332 05/07/2007 06/06/2017 1533.06
941 12/31/2003 23-2250332 05/07/2007 06/06/2017 13898.96
941 03/31/2004 23-2250332 05/07/2007 06/06/2017 ~ 11294.07
941 06/30/2004 23-2250332 05/07/2007 06/06/2017 11189.37
941 09/30/2004 23-2250332 05/07/2007 06/06/2017 11092.96
941 12/31/2004 23-2250332. 05/07/2007 06/06/2017 10983.16
941 03/31/2005 23-2250332 05/07/2007 06/06/2017 1035.9.91
941 06/30/2005 23-2250332 05/07/2007 06/06/2017 10247.49
941 0.,9/30/2005 23-2250332 05/07/2007 06/06/2017 10120.25
941 12/31/2005 23-2250332 05/07/2007 06/06/2017 9982.09
Place of Filing
Prothonotary
Cumberland County
Carlisle, PA 17013
Total + $
This notice was prepared and signed at
the 08th day of March
DETROIT,. MI
2011
114447.85
,1_.
___ '' ~`on this,
Signature ~ Title
REVENUE OFFICER 22-06-1408.
for MIGNA RODRIGUEZ (717_) 777-9622
(ROTE: Certificate of officer authorized by law to take acknowledgment is not essential to the validity of Notice of Federal Tax lien
Rev. Rul. 71-466, 1971 - 2 C.B. 409)
Part t - K t i=nrm 648(1Q(c} (Rev. 2-2004)
ep BY Recording Office CAT.. NO 60025X
~~~~
REV-7.5.3 EX+ (I1-08`,
Pennsylvania SCHEDULE ~
DEPARTMENT OF REVENUE
INHERITANCE TAX RETURN BENEFICIARIES
RESIDENT DECEDENT
ESTATE OF FILE NUMBER
Robert E. Clark 21-10-1~~7
NUMBER
NAME AND ADDRESS OF PERSON(S) RECEIVING PROPERTY RELATIONSHIP TO DECEDENT
Do Not List Trustee(s) AMOUNT OR SHARE
OF ESTATE
I TAXABLE DISTRIBUTIONS [Include outright spousal distributions and transfers under
Sec. 9116 (a) (1.2).]
1. Carol E. Clark wife 100% of residual
ENTER DOLLAR AMOUNTS FOR DISTRIBUTIONS SHOWN ABOVE ON LINES 15 THROUGH 18 OF REV-1500 COVER SHEET, A S APPROPRIATE.
II NON-TAXABLE DISTRIBUTIONS:
A, SPOUSAL DISTRIBUTIONS UNDER SECTION 9113 FOR WHICH AN ELECTION TO TAX IS NOT TAKEN
1.
B, CHARITABLE AND GOVERNMENTAL DISTRIBUTIONS
1.
TOTAL OF PART II -ENTER TOTAL NON-TAXABLE DISTRIBUTIONS ON LINE 13 OF REV-1500 COVER SHEET. $
If more space is needed, insert additional sheets of the same size.
RE~iSTEn lJ~ ~J1/1LL~
CUNIBERLAND COUNTY
PENNSYLVANIA
E;~:~~~~IFICATE OF
GF~A,NT OF LET-fERS
No. 2010- 01227 P.~ 1`To. 21 10- 1227
Estate Of : ROBERT E CLARK
(Fi/SI, ~V7%ddlP, L~Sr,~
Late Or : HAMPDEN TOWNSHIP
CUMBERLAND COCiNTY
Deceased
Soci a1 Security No : 185-30-9351
WHEREAS, or_ the I5th day of December 2010 an .instrument dated
July 7th 1999 was admitted to probate as the last will of
F,OBERT F CLARK
(First, Middle, Lastl
late of f/AMPDE~'~J TOWNSH/P, CUMBERLAND County,
who died on the 6th day of July 2010 and,
WHEREAS, a true cop~r of the wi11 as probated s annexed hereto.
THEREFORP,', i, GLENDA EARNER STRASBAUGH Register of Wills in and
for CL~I~IBERL~~N_~~ County, in the Commonwealth cf Pennsylvania, hereby
certify that I have this day granted Letters TESTAMENTARY to;
CAROL E CLARK
who has duly qualified as EXECUTOR(R/X)
and has agreed to administer the estate according to law, all of ~'tvhich
fully appears of record in my office a t CUMBERLAND COUNTY COURT HOUSE,
CARLISLE, PENNSYL VANIA.
IN TESTIMONY WHEREOF, I have hereunto set my hand ar_!d affixed the seal
of my office on the 15th day of December 2010.
t
egister of, dls
~C./(Xl V
Dep
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LAST WILL AND TESTAMENT -c-7o ~.__.;
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W 1. 7 L_)
ROBERT E. CLARK . ~' -±y
I, ROBERT E. CLARK, now of 31 Eastgate Drive, Camp Hill, Cumberland County,
Pennsylvania 1701 1, do publish and declare this to be my Last Will and Testament, hereby
revoking all other prior wills and codicils made by me.
FIRST: Famil~Background and Appointment of Executor.
k, (A) Family and Background Information, I am married to CAROL E. CLARK.
The child of our marriage is ANNEMARIE E. CLARK. Throughout this Will, CAROL E.
CLARK will be referred to as "my wife" or "my spouse" and ANNEMARIE E. CLARK, (and
any children born to or legally adopted hereafter) will be referred to as "my children." 'The word
"issue" will include any children as well as my other descendants.
(B) Appointment of Ezecutor. I appoint as my Executor and successor E~;ecutar (all
hereinafter referred to as Executor or Executor(s) under this Will, the following named persons ar
corporations to serve without bond and without being required to account to a.ny Cou.rr:
Ezecutor: My wife, CAROL E. CLAIZ~~{.
Successor Ezecutor: My daughter, ANNEMA2IE E. CI.ARf~.
(C) Inter Vivos Trust. The inter vivos trust agreement referred to in this Will is
entitled "THE CLARK FAMILY REVOCABLE TRUST," by and between ROBERT E,
CLARK and CAROL E. CLARK, as Co-Settlors, and ROBERT E. CLARK and CAROL E.
CLARK, as Co-Trustees, as now in effect or as may hereafter be amended.
SECOND: Funeral and Last Dlness Expenses; Tazes.
(A) Expenses of Funeral and Last Dlness. Notwithstanding that my spouse survives
me, I direct my Executor to pay my funeral expenses and the expenses of my last illness from my
estate. In addition, my Executor may notify the Trustee of the Trust described in Paragraph
FIRST (C) of any such expenses and my Executor may accept reimbursement from such Trustee.
(B} Tages. I direct my Executor to pay any and all estate, inheritance, succession,
legacy, transfer and other death taxes or duties, by whatever name called, including any and all
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~~~/
LAST WILL AND TESTAMENT
bF
ROBERT E. CLARK
PAGE 2 '
X_
interest and penalties thereon, imposed under the laws of any jurisdiction by reason of my death
upon or with respect to any and all property included in my gross estate for the purpose of such
taxes, whether such property passes under or outside of this Will. Without any apportionment
otherwise required by law and without being prorated or apportioned among or charged against
the respective devises, legatees, beneficiaries, transferees, or other recipients of any such property
or charged against any property passing or which may have passed to any of them, I direct that
any taxes so paid shall be charged against my residuary estate. My Executor shall not be entitled
to reimbursement for any portion of any such taxes from any such person. The foregoing
provisions of this Article SECOND shall not apply to such portion or portions of said taxes,
interest and penalties which may be required to be paid, or are actually paid or reimbursed, by the
Trustee of the Trust described in Paragraph FIRST (C), above.
THIRD: Tangible Personal Property. Except for those items excluded below and
those items enumerated in the Letter of Instruction, I bequeath all my tangible personal property,
including but not limited to clothing, jewelry, heirlooms, furniture, household furnishings,
personal effects, motor vehicles, and all other similar articles, which I own, and the insurance
thereon, to my spouse, CAROL E. CLARK, if she survives me. Tangible personal praper~y
shall not include: (1) any and all property used by me in any business, (2) cash on hand or on
deposit in banks, (3) stock or securities, (4) any type of evidence of indebtedness, and (:5) airy fi~:p,
health or accident insurance policies.
If my spouse does not survive me, I leave such tangible personal property to my daughter.
If there is any disagreement as to distribution, I direct my Executor to make such distribution.
The decision of my Executor shall be final and binding. Any items not selected or any items
which my Executor considers unsuitable for my children maybe distributed or sold in the sole
discretion of my Executor and, if sold, the net proceeds therefrom shall be added to the residue of
my estate. Any such article allocated to a minor may, as my Executor deems advisable, either be
delivered to the minor or to any person to safeguard on behalf of the minor.
Notwithstanding any other provisions in this Article TIiIRD, I may leave a separate, dated
and unsigned Letter of Instruction, which I shall place with my Will, containing directions as to
the ultimate disposition of certain of the property bequeathed under this Article TI-HRD, and such
Letter of Instruction shall determine the distribution of such items.
~~,
~"~~
/~~
LAST WILL AND TESTAMENT
OF
ROBERT E. CLARK
PAGE 3 „
,_
FOURTH: Residuary Estate. I devise and bequeath all of the rest, residue and
remainder of my estate, real, personal and mixed, of whatever nature and wherever situated to
which I am legally or equitably entitled, to the then-acting Trustee(s) of the Trust described in
Paragraph FIRST (C) of this Will, to be held, administered and distributed pursuant to the terms
thereof, as the same maybe amended from time to time. By this devise and bequest of my
residuary estate I hereby exercise all Powers of Appointment I possess at the time of my death
except any power of appointment which I possess under the Trust described in Paragraph FIRST
(C) of this Will.
4.
FIFTH: Powers of Executor. In addition to the powers and duties as may have
been granted elsewhere in this Will, but subject to any limitations stated elsewhere in this Will, the
Executor shall have and exercise exclusive management and control of the Estate and shall be
vested with the following specific powers and discretion, in addition to the powers as maybe
generally conferred from time to time upon the Executor bylaw:
(A) In the management, care and disposition of the Estate, the Executor shall have the
power to do all things and to execute such instruments, deeds, or other documents as may be
deemed necessary or proper, including the following powers, all of which maybe exef-cised
without order of or report to any Court:
(1) To sell, exchange or otherwise dispose of any property at any time held or
acquired hereunder, at public or private sale, for cash or on terms, without advertisement,
including the right to lease for any term notwithstanding the period of the Estate, and to
grant options, including any option for a period beyond the duration of the Estate; except
that, in lieu of any binding shareholder agreement or buy/sell agreement to the contrary,
the Executor shall not be permitted to sell the stock or any other ownership interest in any
business owned by me, or held in trust, at my death, without first offering the same for
sale to my children, or without next offering the same to the corporation or business
represented by such ownership interest for redemption.
(2) To invest all monies in such stocks, bonds, securities, mortgages, notes,
chows in action, real estate or improvements thereon, and any other property as the
Executor may deem best, without regard to any law now or hereafter enforced limiting
investments of fiduciaries, except that the Executor may not invest in any securities issued
by the corporate Executor, or issued by a parentFor affiliate company of such~ecutor.
,,~_ ~~~~
~~~ ~
LAST WILL AND TESTAMENT
OF
ROBERT E. CLARK
PAGE 4
'~ (3) To retain for investment any property deposited with the Executor hereunder;
except that the Executor may not retain for investment any stock in the corporate
Executor, or in a parent or affiliate company of such Executor.
(4) To vote in person or by proxy any corporate stock or other security and to
agree to or take any other action in regard to any reorganization, merger, consolidation,
liquidation, bankruptcy or other procedure or proceedings affecting any stock, bond, note
or other security.
(5) To use attorneys,. real estate brokers, accountants and other agents, if such
employment is deemed necessary or desirable, and to pay reasonable compensation for
their services.
(6) To compromise, settle or adjust any claim or demand by or against the Estate
and to agree to any rescission or modification of any contract or agreement affecting the
Estate. '
(T) To renew any indebtedness, as well as to borrow money, and to sec~.zre the
same by mortgaging, pledging or conveying any property of the Estate.
(~) To retain and carry on any business in which the Estate may acquire an
interest, to acquire additional interest in any such business, to agree to the liquidation in
kind of any corporation in which the Estate may have an interest and to carry on the
business thereof, to join with other owners in adopting any form of management for any
business or property in which the Estate may'have an interest, to become or remain a
partner, general or limited, in regard to any such business or property and to hold the
stock or other securities as an investment, and to employ agents and confer on them
authority to manage and operate the business, property or corporation, without liability for
the acts of such agent or for any loss, liability or indebtedness of such business if the
management is selected or retained with reasonable care.
(9) To register any stock, bond or other security in the name of a nominee,
without the addition of words indicating that such security is held in a fiduciary capacity,
but accurate records shall be maintained showing that such security is a Estate asset and
the Executor shall be responsible for the acts of~such nominee. o--,
-~
I.a..~..,,:c-LL...i~.'_.."+>r.IG~,_.d8~1i!N~n ~. ALL'.,. ..,: .a'B¢~4 .'.W.~... bl .. ~.. ~. .,. __...._. _ T m ,
y (B) Whenever the Executor is directed to distribute any Estate assets in fee simple to a
person who is then under twenty-one (21) years of age, the Executor shall be authorized to hold
such property in Trust for such person until he/she becomes twenty-one (21) years of age, and in
the meantime shall use such part of the income and the principal of the Estate as the Executor may
deem necessary to provide for the proper support and education of such person. If such person
should~die before becoming twenty-one (21) years of age, the property then remaining in trust
shall be distributed to the personal representative of such person's estate.
(C) In making distributions from the Estate to or for the benefit of any minor or other
person under a legal disability, the Executor need not require the appointment of a guardian, but
shall be authorized to pay or deliver the same to the custodian of such person, to pay or deliver
the same to such person without the intervention of a guardian, to pay or deliver the same to a
legal guardian of such person if one has already been appointed, or to use the same for the benefit
of such person.
(D) In the disbursement of the Estate and any division into separate trusts or shares,
the Executor shall be authorized to make the distribution and division in money or in kind, cr
both, regardless of the basis for income tax purposes of any property distributed or divided ~1
kind, and the distribution and division made and the values established by the Executor shall be
binding and conclusive on all persons taking hereunder. The Executor may in making such
distribution or division allot undivided interests in the same property to several trusts or shares.
(E) The Executor shall be authorized to lend or borrow, including the right to lend to
or borrow from any trusts which I or my spouse may have established during life or by will at an
adequate rate of interest and with adequate security, and upon such terms and conditions as the
Executor shall deem fair and equitable.
(F) The Executor shall be authorized to sell or purchase at the fair market value as
determined by the Executor, any property to or from any trust created by me or my spouse during
life or by Will, even though the same person or corporation may be acting as Executor of my
estate or as Trustee of any of my other trusts.
(G) The Executor shall have discretion to determine whether items should be charged
or credited to income or principal or allocated between income and principal as the Executor may
deem equitable and fair under all the circumstances, including the power to amortize or fail o
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LAST WILL AND TESTAMENT
OF
ROBERT E. CLARK
PAGE 6
amorti2e any part or all of any premium or discount, to treat. any part or all of the profit resulting
from the maturity or sale of any asset, whether purchased at a premium or at a discount, as
income or principal or apportion the same between income and. principal, to apportion the sales
price of any asset between income and principal, to treat any dividend or other distribution of any
investment as income or principal, or apportion the same between income and principal, to charge
any expense against income or principal or apportion the same, and to provide or fail to provide a
reasonable reserve against depreciation or obsolescence on any assets subject to depreciation or
obsolescence, all as the Executor may reasonably deem equitable and just under all the
circumstances. If the Executor does not exercise the above discretionary power, the cash or
accrual allocation shall be in accordance with Chapter 81 of Title 20 of the Pennsylvania
Consolidated Statutes,. or the corresponding provisions of subsequent state law.
(H) If at any time the total fair market value of the assets of any trust established or to
be established hereunder is so small that the corporate Trustee's annual fee for administering the
trust would be the minimum annual fee set forth in the Trustee's regularly published fee schedule
then, in effect, the Trustee in its discretion shall be authorized to terminate such trust or to decide
not to establish such trust, and in such event the property then held in or to be distributed to such
trust shall be distributed to the persons who are then or would be entitled to the income of such
trust. If the amount of income to be received by such persons is to he deterrnined in the discretion
of the Trustee, then the Trustee shall distribute the property among such of the persons to who*n
the Trustee is authorized to distribute income, and in such proportions, as the Trustee in its
discretion shall determine.
(~ Except as otherwise provided in this Will, when the authority and power under this
Will is vested in two (2) or more Executors or Trustees, the authority and powers are to be held
jointly by the Executors or Trustees, respectively. A majority of the Executors or Trustees may
exercise any authority or power granted under this Will or granted by law, and may act under this
Will. Any attempt by one such Executor or Trustee to act under this Will on other than
ministerial acts shall be void. The action of one such Executor or Trustee under this Will maybe
validated by a subsequent ratification of the act by a majority of the Executors or Trustees.
SIXTH: Rights and Liabilities of Executor.
(A) No bond or other security shall be required of any Executor.
%~
c~y~
~~
.._
LAST WILL AND TESTAMENT
OF
ROBERT E. CLARK
PAGE 7
(B) This instrument always, shall be construed in favor of the validity of any act or
omission by any Executor, and any Executor shall not be liable for any act or omission except in
the case of gross negligence, bad faith or fraud. Specifically, in assessing the propriety of any
investment, the overall performance of the entire Estate shall be taken into account.
.
(C) Each Executor shall be entitled to receive reasonable compensation for services
actually rendered to my estate, in an amount the Executor normally and customarily charges for
performing similar services during the time which he/she performs the services.
SEVENTH: Spendthrift Provision. No beneficiary shall have the power to anticipate,
encumber or transfer his or her interest in the estate in any manner other than by the valid exercise
of a power of appointment. No part of the estate shall be liable for or charged with any debts,
contracts, liabilities or torts of a beneficiary or subject to seizure or other process by any creditor
of a beneficiary.
EIGHTII. Taz Elections.
(A) In determining the estate, inheritance and income tax liability relating to my Estate.,
the Executor's decision as to all available tax elections shall be conclusive on all concerned. If the
Executor joins with my spouse in filing income tax returns, or consenting for gift tax purposes to
having gifts made by either of us during my life considered as having been made one-half by each
of us, any resulting liability shall be borne by my Estate and my spouse in such proportions as they
may agree. In accordance with IRC Section 2632(a) and without regard to whether a Federal
estate tax return is actually filed, my Executor shall allocate so much of the Federal Generation
Skipping Transfer (GST) exemption amount as will fully exempt any generation skipping transfer
which may occur under this Will.
(B) The Executor may, in its discretion, determine the date as of which my gross estate
shall be valued for the purpose of determining the applicable tax payable by reason of my death.
(C) The Executor may, in its discretion, decide whether all or any part of certain
deductions shall betaken as income tax deductions (even though they may equal or exceed the
taxable income of my estate and whether or not claimed or of benefit on my estate's income tax
return) or as estate tax deductions when a choice is available; and in the event that all or any part
_ ~~. ~~
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,,,
LAST WILL AND TESTAMENT
°OF
ROBERT E. CLARK
PAGE 8 ,
7'._..
of such deductions are taken as income tax deductions, no adjustment of income and principal
accounts in my estate shall be made as a result of such decisions.
NINTH: Definitions and General Provisions.
(A) Survival. Any beneficiary who dies within sixty (60) days after my death shall be
considered not to have survived me.
~.
(B) Captions. The captions set forth in this Will at the beginning of the various
articles' hereof are for convenience of reference only and shall not be deemed to define or limit the
provisions hereof or to affect in any way their construction and application.
(C) Children. As used in this Will, the words "child" and "children" shall include
persons who are legally adopted and the issue of said persons, whether born in or out of wedlock,
so long as any person born out of wedlock is acknowledged in a written instrument executed by
the one of their natural parents who is a descendant of mine to be the child of said descendant.
The word "issue" shall include descendants of all generations including adopted persons. A
posthumous child shall be considered as living at the death of his parent. The birth to me or ti?.~
adoption by me of a child or children subsequent to the execution of this Will shalt not operate to
revoke this Will. Except for discretionary distributions which maybe made unequally among a
group of persons and distributions pursuant to a valid exercise of a power of appointment, in
making a distribution to the children of any person, the property to be distributed shall be divided
into as many shares'as there are living children of the person and deceased children of the person
who left children who are then living. Each living child shall take one share and the share of each
deceased child shall be divided among his then-living descendants in the same manner.
(D) Code. Unless otherwise stated, all references in my Will to section and chapter
numbers are to those of the Internal Revenue Code of 1986, as amended, or the corresponding
provisions of any subsequent federal tax laws applicable to my estate.
(E) Other terms. The use of any gender includes the other genders, and the use of
either the singular or the plural includes the other.
~~
%~/
LAST WILL AND TESTAMENT
`OF'
ROBERT E. CLARK
PAGE 9
~`-
(F) Powers of Appointment are Exercised. By this Will I exercise any and all
Powers of Appointment which I possess at the time of my death except any power of appointment
which I possess under the Trust described in Paragraph FIRST (C), above.
IN WITNESS WHEREOF, I, ROBERT E. CLARK, the Testator, have to this my Last
Will and Testament, typewritten on ten (10) pages, including the Acknowledgment and Affidavit,
set my~khand and seal this ~ day of 1999.
ROBERT E. CLARK
Signed, sealed, published and declared by the above-named Testator, as and for his bast ~h'ili and
Testament, in the presence of us, who have hereun±o subscribed our names at his request, ~.s
witnesses hereto, in the presence of the said Testator, and in the presence of each other . l aclz of
us further declares that he or she believes the Testator to be of sound mind and memory. The
preceding instrument consists of this and nine (9) other consecutively numbered typewritten paces
'including the Acknowledgment and Affidavit.
~,= ;~~ residing at /~,
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(print name)
~~~~,(% ~ ~~~o~,~~~/ ~ residing at ' C2'iZ l/~ _ ~~~
(print name)
ACKNOWLEDGMENT AND AFFIDAVIT
COMMONWEALTH OF PENNSYLVANIA
SS
COUNTY OF ~~~ /~I ~~ ~~ °~ ~
~.
The Testator and the witnesses whose names are signed and subscribed to the attached or
foregoing instrument, being first duly sworn and qualified according to law, do hereby
acknowledge, depose and say to the undersigned authority, that the Testator signed and executed
the instrument as his Last Will in the presence of the witnesses; that he signed it willingly or
willingly directed another to sign it for him; that he executed it as his free and voluntary act for
the purposes therein expressed; that each of the witnesses were present and saw the Testator sign
and execute the instrument as his Last Will; that each subscribing witness in the hearing and sight
of the Testator signed the will as witnesses; and that to the best of their knowledge the Testator
was at that time eighteen years of age or older, of sound mind and under no constraint or undue
influence.
~_---, Testator
,~ ~ -
? ~ Witness
~
tom:
_ ~%'~'C~'~Cf-C 4~~ ~_ o~~~ ~~ ~-C~
l~Titness ~
Sworn to'or affirmed, subscribed to, and acknowledged, before me by the above-named
Testator and witnesses, this ~ day of 1999.
~~~~~~
Notary Public
My Commission Expires:
Notarial Seal
Teri L. Walker, Notary Pubfic
Lemoyne Boro, Cumberland County
My Commission Expires Jan. 20, 2003
Merr}ber, Pennsylvania Association of Notaries
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