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HomeMy WebLinkAbout12-21-12 (2)--~ REV-1500 EX(01-'°' 1505610143 PA Department of Revenue y OFFICIAL USE ONLY panne Ivania county code Year File Number Bureau of Individual Taxes DEPARTMENT OF REVENUE Po Box.2sosol INHERITANCE TAX RETURN 21 12 0 0 511 Harrisburg, PA 17128-0601 RESIDENT DECEDENT ENTER DECEDENT INFORMATION BELOW Social Security Number Date of Death Date of Birth 03 22 2012 10 12 1963 Decedent's Last Name Suffix Decedent's First Name MI MACAVOY ~ CAROLYN (If Applicable) Enter Surviving Spouse's Information Below Spouse's Last Name Suffix Spouse's First Name MI Spouse's Social Security Number THIS RETURN MUST BE FILED IN DUPLICATE WITH THE REGISTER OF WILLS FILL IN APPROPRIATE OVALS BELOW ® 1. Original Retum ^ 2. Supplemental Return ^ 3, Remainder Retum (date of death prior to 12-13-82) ^ 4. Limited Estate ^ qa Future Interest Compromise ^ 5. Federal Estate Tax Retum Required (date or death after 12-12-82) ® 6 Decedent Died Testate (Attach Copy of Will) ^ 7 Decedent Maintained a Living Trust 1 8. Total Number of Safe De (Attach Copy or Trust) pOSlt BOXeS ^ 9. Litigation Proceeds Received ^ 1 p. Spousal Poverty Credit (date of death 1 t .Election to tax under Sec. 9113 A between 12-31-91 and 1-1-95) ^ ( ) (Attach Sch. O) coRRESPONDENT -THIS SECTION MUST BE COMPLETED. ALL CORRESPONDENCE AND CONFIDENTIAL TAX INFORMATION SHOULD BE DIRECTED TO: Name Daytime Telephone Number DEBRA R WALLET 717 '~i 7 13 (~ ~ rn 7.. O rti1 r, First line of address 24 NORTH 32ND STREET Second line of addroess City or Post Office State ZIP Code CAMP HILL PA 17011 :.~ ~ -- REGISI~R ~ WILLS lt`~E O~ r ~ m N CJ r+°t f~-t °~: ,. ~ t_.... ~ ~ i"rt c~~t ~ ~ DATE FILE~~ ~ Correspondent's e-mail address: w a l l e t d e b~ a O l. c o m Under penalties of perjury, 1 deGare that I have examined this return, inGuding 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. SIFINATI IRF f1F PFRCnNi occon~icio~ c ene r....,.-..,.-.~. ..... Fitzwater Jackson 16 John Beal Drive, Garnet Valley, PA 19060 ~a ~..+..•+. c~nRCR V II"ICR inyrv KtYKt`.itNIATIVE DATE ~.+aM~ 'K. ~~~ ~y , Debra K Wallet ~ ~ ~ I q j 1 l ADDRESS 24 North 32nd Street, Camp Hill, PA 17011 Side 1 1505610143 1505610143 J REV-1500 EX 1505610243 ~eceaenes Name: M A C A V O Y, C A R O L Y N 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 & 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 15. 16. Amount of Line 14 taxable at lineal rate X .045 16. 17. Amount of Line 14 taxable at sibling rate X .12 17. 18. Amount of Line 14 taxable at collateral rate X .15 18. 19. Tax Due ..................................................................................................................... 19. 20. FILL IN THE OVAL IF YOU ARE REQUESTING A REFUND OF AN OVERPAYMENT. Side 2 L 1505610243 Decedent's Social Security Number 16,621.89 0.00 16,621.89 11,564.82 59,211.05 70,775.87 -54,153.98 -54,153.98 0.00 1505610243 REV-1500 EX Page 3 File Number 21 - 12 - 00511 Decedent's Complete Address: MacAvoy, Carolyn -- - - - - -- TREETADDRESS _ ---- 242 BNorth 36th Street CITY STATE _ _ ZIT p -- ___-__ Camp Hill PA 17011 Tax Payments and Credits: 1. Tax Due (Page 2, Line 19) (1) 0.00 2. Credits/Payments A• Prior Payments B. Discount Total Credits (A + g) (2) 0.00 3. Interest (3) 0.00 4. If Line 2 is greater than Line 1 + Line 3, enter the difference. This is the OVERPAYMENT. (4) Check box on Page 2 Line 20 to request arefund --- -- 5. If Line 1 + Line 3 is greater than Line 2, enter the difference. This is the TAX DUE. (5) Q , Q Q 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 :....................... I ~ i~ 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? ................... ^ ~~ .......................................... x 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?......... ^ ~ x~ 4. Did decedent own an Individual Retirement Account, annuity, or other non-probate property which contains a beneficiary designation? ............................ ~ L -~ .......................................................................................... IF THE ANSWER TO ANY OF THE ABOVE QUESTIONS IS YES, YOU MUST COMPLETE SCHEDULE G AND FILE IT A3 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 p2 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 retfurn 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 ears 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)]. • sibfng is d finepd under Sectiont9102 as annnliividual whothas at least one patlent Inscommon wit phe decedent wfiether by blood~oAadoption. SCHEDULE E CASH, BANK DEPOSITS, & MISC. COMMONWEALTH OF PENNSYLVANIA PERSONAL PROPERTY INHERITANCE TAX RETURN RESIDENT DECEDENT ---- ESTATE OF MacAvoy, CarOlyCl i FILE NUMBER _ _ , 21 - 12 - 00511 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 tie disclosed on schedule F. ITEM NUMBER DESCRIPTION __ _ VALUE AT DATE OF DEATH 1 _ Members 1st Account #441481 savings account 5.00 2 Members 1st Account #73609 checking account 335.35 3 Members 1st Account #73609 savings account 2,746.98 4 Members 1st Account #378726 savings account 1,369.47 5 Members 1st Account #378726 checking account 994 98 6 2001 Chrysler Sebring convertible 5,000.00 7 Furniture and household items 2,568.44 8 Jewelry 1,850.87 9 Scrap gold 1,394.14 10 Blue Cross/Blue Shield refund 65.00 11 Erie Insurance refund 18.00 12 Verizon refund 3.60 13 Unum refund 19.06 14 Toluna payment 40.00 15 Cash in safe deposit box 150.00 16 Cash in possession of Decedent 61.00 TOTAL (Also enter on Line 5, Recapitulation) 16,621.89 COMMONWEALTH OF PENNSYLVANIA SCHEDULE G INHERITANCE TAX RETURN INTER-VIVOS TRANSFERS & RESIDENT DECEDENT MISC. NON-PROBATE PROPERTY ESTATE OF MacAvoy, Carolyn FILE NUMBER 21 - 12 - 00511 _ - - - - __ _ - This schedule must be completed and filed if the answer to any of questions 1 through 4 on page 2 is yes. - - - _ _ ITEM DESCRIPTION OF PROPERTY DATE OF DEATH ~' OF ~ EXCLUSION NUMBER InGude the name of the transferee, their relationship to decedent VALUE OF ASSET ' DECD'S ~ TAXABLE VALUE j and the date of transfer. Attach a copy of the deed for real estate. ' INTEREST (IF APPLICABLE) Sur ical Care Affiliates Retirement Plan 2s,35s.os ~ rt 1 9 -- 100% ~ 28,359.06 ; 0.00 2 ', MetLife Investors IRA 23,000.00 ' 100% ;, 23,000.00 ' 0.00 3 'Heritage Medical Group 401(k) ~ s,s2~.5s ~ 100% 6,627.56: 0.00 4 I Fidelity Investments 401(k) i~sos.5e 100% 17,609.58 0.00 SC.I-EDI~E H COMMONWEALTH OF PENNSYLVANIA , M ~ ~ INHERITANCE TAX RETUgN ~~w~ RESIDENT DECEDENT -7, I`M ESTATE OF MacAvoy, Carolyn --- - Debts of decedent must be reported on Schedule I. -- - ITEM _ -- - -- _ NUMBER ~ FUNERAL EXPENSES: DESCRIPTION A. 1 Parthemore Funeral Home 2 ': St. Matthew Catholic Church (columbarium burial unit) B. 1 ADMINISTRATIVE COSTS: Personal Representative's Commissions Name of Personal Representative(s) FILE NUMBER 21 - 12 - 00511 AMOUNT 4, 827.27 1, 325.00 Street Address j City State Zip Year(s) Commission paid 2. Attorney's Fees Debra K. Wallet, Esq. 3. Family Exemption: (If decedent's address is not the same as claimant's, attach explanation) Claimant Street Address j Clty State Zip Relationship of Claimant to Decedent 4. ' Probate Fees 5. Accountant's Fees 6. ' Tax Return Preparer's Fees 7. Other Administrative Costs ~i 1 Photocopies, postage, etc. 3, 500.00 174.50 40.00 TOTAL (Also enter on line 9, Recapitulation) 11,564.82 Scheck~ H COMMONWEALTH OF PENNSYLVANIA p ~{j~ ' - '-"' - « INHERITANCE TAX RETURN RESIDENT DECEDENT wy ~ ~ y ~ /"~nry.~i~~ -- - - - -- _ -- - ___ - -- - - - ESTATE OF MacAvoy, Carolyn FILE NUMBER _ --- -- X21-12-00511 -- - -- - _ 2 ~-_ _ 'Executrix mileage (including several round trips from Garnet Valley, PA to Harrisburg, _- 532.80 PA) 960 miles x $.555 3 ~ Executrix expenses (hotel for 2 overnights in Harrisburg, turnpike tolls, meals, ' 375.33 postage) ~ 4 I I Towing for automobile to prepare for sale 537.35 5 :Commonwealth of PA (title/registration) ' 58.50 6 ~ Jones BP (inspection and auto repair to prepare for sale) 139.07 7 ;Auto Traders (listing fee for sale of car) I 55.00 Page 2 of Schedule H SCHEDULEI DEBTS OF DECEDENT, MORTGAGE COMMONWEALTH OF PENNSYLVANIA LIABILITIES, & LIENS INHERITANCE 7AX RETURN RESIDENT DECEDENT I ESTATE OF MaCAVOy, Ca~Olyn FILE NUMBER 21-12-00511 Report debts incurred by the decedent prior to death that remained unpaid at the date of death, including unreimbursed medical expenses. ITEM NUMBER _ --- DESCRIPTION - AMOUNT 1 - _ --- Internal Revenue Service (2011 income taxes) 3,581.33 2 Cumberland County (2011 tax) 139.17 3 Unpaid rent 3,450.00 4 Members 1st Federal Credit Union unsecured loan 12,358.60 5 Members 1st Federal Credit Union Visa 4,460.78 6 DCM Services (Capital One card) 874.35 7 American InfoSource, servicer on behalf of Bank of America 24,139.01 8 Estate Information Services (Discover Card) 7,002.04 9 HSBC (Boscov's credit card) 488 22 10 DCM Services (Target) 192.70 11 The Plum credit card 824.85 12 eciService 622.64 13 ADT 134.97 14 Verizon 638.18 15 PP&L 174.96 16 Erie (car insurance) 129.25 TOTAL (Also enter on Llne 10, Recapitulation) 58 211.05 REV-1513 EX+ (11-05) SCHEDULE J COMMNHERITnNCE TTAX RETURNANIA BENEFICIARIES RESIDENT DECEDENT ESTATE OF MacAvoy, Carolyn N ME AND ADDRESS OF PERSONS RELATIONSHIP TO NUMBER RECEIVING PROPERTY O DECEDENT ____ Do Not use Tnutea(:) I. iTAXABLEDISTRIBUTIONS[inGudeoutrightspousal distributions and transfers under Sec. X116 (a) (1.2)] 1 ;William F. MacAvoy Other '; 2426 North 36th St. Camp Hill, PA 17011 2 Rachael MacAvoy !Stepchild 1760 Pemberton Rd. Blue Bell, PA 19422 II. 3 !Jonathan C. MacAvoy Stepchild ', 2219 N. 2nd St. Harrisburg, PA 17111 FILE NUMBER 21-12-00511 SHARE OF ESTATE AMOUNT OF ESTATE (Words) ($$$) I Enter dollar amounts for distributions shown above on lines 15 through 18 on Rev 1500 cover sheet, as appropriate. NON-TAXABLE DISTRIBUTIONS: A. SPOUSAL DISTRIBUTIONS UNDER SECTION 9113 FOR WHICH AN ELECTION TO TAX IS NOT TAKEN B. CHARITABLE AND GOVERNMENTAL DISTRIBUTIONS TOTAL OF PART II -ENTER TOTAL NON-TAXABLE DISTRIBUTIONS ON LINE 13 OF REV-1500 COVER SHEET 0 REV-1613 EX+ (9.00) SCHEDULE J COMMONWEALTH OF PENNSYLVANIA BENEFICIARIES continued INHERITANCE TAX RETURN RESIDENT DECEDENT - --- ---- ESTATE OF MacAvoy, Carolyn FILE NUMBER 21 -12-00511 -- - _ ---, - --- NAMEAND ADDRESS OF PERSONS RELATIONSHIP TO SHARE OF ESTATE AMOUNT OF ESTATE NUMBER O DECEDENT (Words) ($$$) ' RECEIVING PROPERTY ~o Not ust Trustee(s) I, 'TAXABLE DISTRIBUTIONS [include outright spousal dlstnbubons and transfers under Sec. X116 (a) (1.2)) ' 4 I Theodora S. Fitzwater !Mother 5870 Macaw Place Lakeland, FL 33809 5 ', Charles W. Fitzwater ~ Father 5870 Macaw Place Lakeland, FL 33809 i 6 Kathleen Murphy ;Sister 871 E. Toledo St. Gilbert, AZ 85295 7 ~ Joan Fitzwater Jackson ~ Sister 16 John Beal Dr. Garnet Valley, PA 19060 j ~ - - ' Page 2 of Schedule J J 48500041046 REV-485 EX (05-04) SAFE DEPOSIT BOX INVENTORY PA Department of Revenue PLEASE USE ORIGINAL FORM ONLY .Social Security or Death Certificate Number Date of Death County Code Year File Number __ ......... . 2 o G, ~ 3il - ~9h-l, b3 - ~a- ~ot.~ 21 2olZ ,.~1i - __ _ ..Decedents Last Name _ __ _. _ Suffix First Name _.. __ MI ___ ~tT2,WkTE..~.... CRro t~~ 1M ADDRESS OF DECEDENT STREET: CITY: STATE: a y~ B t~DbT+~I 3y"' St. (' A-M1 ~ H F L ~ ~ q ZIP CODE: t~ a t tt © NAME AND ADDRESS OF PERSON REQUESTING THE OPENING OF THE SAFE DEPOSIT BOX NAME: ~E122A k W~ir,E r EsQ STREET ADDRESS. CITY: ~TATE: ?y nJ. 3 ~t~.l. St. CRo,? N«~ ZIP CODE: t}o 1 t NAME, ADDRESS AND RELATIONSHIP (IF ANY) TO DECEDENT, OF PERSON(S) PRESENT AT THE BOX OPENING -' ' ""'"' SoA•J F~TtMJ~IT>E!L TAGCS t RELATIONSHIP: on Slsl-e~ , ADMtnI. CTA STREET ADDRESS. ~V SohIJ ~CaI ~t1t/~ CITY: CoARIJtT 1/AU t~ STATE: ~ .ZIP CODE: 1 0'' . ~! 4p4 b. NAME: RELATIONSHIP: STREET ADDRESS: ~ CITY: STATE: ZIP CODE: c. NAME: RELATIONSHIP: STREET ADDRESS: CITY: STATE: ZIP CODE: NAME AND ADDRESS OF FINANCIAL INSTITUTION WHERE THE SAFE DEPOSIT BOX IS LOCATED NAME. ~~MbGrS ~r1lST FEDtILi4s.. CR#A~T ~[IJI~iJ STREET ADDRESS. 355, W~-rtc~r Sr. CITY: C,o-r-P +1.,~, STATE: ~q ZIP CODE: 1~e=t NAME PERSON MAKING LAST ENT DATE ND TIME OF LAST ENTRY . ~~ (/ /~ ~ 7~ S D E OF CO~TRA TO R.~NT~~OX ' NUMBER OF BO ~~ 1 TI~ UNDER WHICH B X 1S UESTE 1W I ~~ / - /I BC r.CC LtL NAME AND ADDRESS OF PERSON(S) HAVING ACCESS TO BOX a. NAME: b. NAME: STREET ADDRESS: STREET ADDRESS: CITY: STATE: ZIP CODE: CITY: STATE: ZIP CODE: i NAME AND TITLE OF EMPLOYEE TAKING THE INVENTORY ~~~e s Y 1,~~1~u t?so ., WAS A WILL IN THE BOX? ^ YES ~ NO If yes, a. Date of will: b. Name and address of personal representative, if named in the will NAME: STREET ADDRESS: CITY: STATE: ZIP CODE: c. Name and address of attorney, if any NAME: STREET ADDRESS: CITY: STATE: ZIP CODE: 48500041046 48500041046 C A CC n~pln~~T Rc~X INVENTORY Page of REV-485 EX v~^ ,... ~+ ~ ^ ~ ~ - - - - - - INSTRUCTIONS (1) Cash: Report total only. (2) Stocks: List in detail every common or preferred certificate, warrant or other rights found in box. Stocks are to be designated by and number of shares and class of stock. istered re k i t h , g s oc s name of company, certificate number, date of certificate, name in whic names in which registered and type of ownership, l ue, (3) Obligations of U.S. Government: Number of items, date of issue, face va i.e., jointly held, payable on death, etc. (4) Bonds: Designate by name, amount, serial number, or other designation. (Bearer Bonds) last date appearing in book, name of bank k f b oo , (5) Bank and Savings and Loan Passbooks: State name of depositor, number o and branch, and balance. (6) Jewelry, Coins, Stamps, Manuscripts, etc: List and describe as fully as possible. . dness: List and describe as fully as possible. bt f i d e e n (7) Deeds, Mortgages, Current Insurance Policies or other evidences o (8) All other contents. (9) Return completed form to: DEPARTMENT OF REVENUE INHERITANCE TAX DIVISION DEPT. 280601 HARRISBURG, PA 17128-0601 ITEM ITEM DESCRIPTION NO. ~.. ~ ~So~ eld btaccl la d+`w~w.Owlll.f ? G.f Sf•a,l radr.~rF+,~C ifJGC.K1aCt. Carr ~ u ,~+ ~.k s cep+~ ~t+" of h: e.wa - -r+4 Y Geld. Wa.w .,I ~' bn rtir I s c .I.d ? L,tN:I'c. to w. ' ; .s ' k, bale. WOMItw~' -NUrh` u1 -ar r IL+Rrw~id C? a~ Stl~w~kr! ~' •~ ? n l.t r: y w i M. 1 a c Cc r +w,-n,.~d C 7 r c t~ d vr~A.•c 1 +J ~i is Ui-Fc < < ec..: + 1 - L SIC ~~ ~ r ~a~ t IdeJ ,,re..Jtdcr u)~ 4..,wal,,od u~ ~ Mt,it~l ~ l• b 1 G-r~.f deG. .J ssb'yaf'r ~k r~ / ~ t +'+ ~O G LO S t(1~r.~ trd fir G, J~.. ~ C Y ~ KS ~C C t r (•i Y4 ~. "~-~ I.t~t Z r b A.W r+ ~i ~,l M1r~i~,h,.1 EIVING COPY OF I CERTIFY UNDER PENALTY OF PERJURY THAT THE ABOVE RECORD IS THE BEST OF MY KNOWLEDGE AND BELIEF. PERSON REC FE DEPOSIT BOX INVENTORY: S CORRECT AND COMPLETE TO G SIGNATURE t • ' t e ~ ~'~C"~`~" ~~ ~~~ PRINT ME AND CHECK APP IATE BOX BELOW: PRINT NAME ~C b r~ K. In)a~ I ~.t- ~ R 1 r TL ~A F~L ~~ra ~.J PRINT TITLE DATE CHECK APPROPRIATE BOX: _ A,I,y., .~~ ~S.L~YL ~'w.+lc. i~t, ?a i2 ~ Executor(trix) ~Administrator(trix) ~ Estate Representative ~ Joint owner of safe deposit box I' NOTE: Attach additional 8'/=' x 11" sheet(s) if necessary or us ure of Soc di l i e duplicates of this page of form. ial Security numbers in connection with administering state tax laws. The Department uses the sc os re The Department is authorized bylaw, 42 U.S.C. §405 (c)(2)(C)(i), to requ tate f th rmation agreements mat fo also use the ~ The Commonwealth ma i 9 . e es Qnrial canirity number to identify the decedent and personal representatives o } ~ y~ o c of for offi ses al purpo -- - with Federal and local taxing authorities. The state aw pro I i e o r LAST WILL AND TESTAMENT OF CAROLYNMACAVOY I, Carolyn Mac Avoy, of Carlisle, PA., revoke my former Wills and Codicils and declare this to be my Last Will and Testament. ARTICLE I PAYMENT OF DEBTS AND EXPENSES I direct that my just debts, funeral expenses and expenses of last illness be first paid from my estate. ARTICLE II DISPOSITION OF PROPERTY A. Residuary Estate. I direct that my residuary estate be distnbuted to my spouse, William F. Mac Avoy. If my spouse does not survive me, my residuary estate shall be distnbuted to my Trustee, to be retained, managed and distributed under the provisions of Article III (Trust for Children). ARTICLE III TRUST FOR CHILDREN A. Purpose. The primary purpose of this Trust is to provide for the health, support, maintenance, and education of my children: Jonathan Mac Avoy Rachael Mac Avoy The provisions of this Trust also provide for the distribution of my residuary estate. If the Trustee is the beneficiary of any life insurance policy on my life, any pension plan or any other contract, the proceeds of such policy, plan or contract shall be treated by my Trustee as though received as a part of my residuary estate. B. Use and Distribution. The Trustee, in the Trustee's unrestricted discretion, and regardless of the existence of other funds available for these purposes, shall pay or apply as much of the trust .. income and/or principal in such amounts and from time to time as the Trustee may determine for the benefit of my children. In making such payments or applications, the Trustee shall not be required to treat all children alike or equally, but shall take into consideration their respective needs. The Trustee's exercise of discretion with respect to such payments or applications shall be binding on all parties concerned. When all of my living children have attained the age of 20 years or when the last of my children dies, whichever shall occur first, the remaining assets of this Trust shall be divided into as many equal shazes as there are (i) children of mine who survive to the time of this division, and (ii) children of mine who predecease the time of this division leaving children (my "grandchildren") who survive to such time, and final distribution of such shazes shall be made as follows. 1. Each child shall immediately receive one-third of his or her share. 2. Upon attaining age 30 years, each child shall receive one-half of his or her remaining shaze. 3. Upon attaining age 35 years, each child shall receive all of his or her remaining shaze. Distributions to grandchildren, in the case of a deceased child (see Death of a Child section following), shall be made when such grandchild attains the same age(s) as required for my child(ren). Prior to each child (or grandchild) receiving the final distribution of his or her shaze, the Trustee shall have the sole discretion to make advancements to such beneficiary, from that beneficiary's own shaze, based upon the same guidelines already provided in this section (Use and Distribution). C. Death of a Child. If a child of mine dies prior to the time provided in Pazagraph III(B) (Use Page 2 of 9 and Distribution) for final distribution or prior to receiving all of his or her remaining trust shaze, the share (or remaining shaze) to which such deceased child would have been entitled had such child survived shall be distributed in equal shazes to the children of such deceased child (my "Grandchildren") who aze living at the time for such (fiill or paztial) distribution as scheduled in Pazagraph ]ZI(B) (Use and Distribution), by right of representation. If a child of mine so dies without any surviving children, such shaze shall be distributed in equal shares to my other children, or to their respective descendants by right of representation. If no child of mine survives to age 20 years, upon the death of the .last of my children, the Trustee shall distribute the remaining trust assets in equal shazes to the surviving descendants of my children. If no child of mine survives to age 20 years, and if none of my children have surviving descendants, the Trustee shall distribute the remaining trust assets in the manner set forth in Pazagraph III(D) (No Surviving Descendants). Upon the death of a child of mine under the circumstances contemplated by this Pazagraph III(C), the Trustee, in the Trustee's discretion, may pay the expenses of last illness, funeral, and related expenses of such deceased child from trust assets. D. No Surviving Descendants. If my children and all of my descendants fail to survive my death, or if all of my children fail to attain age 20 years and aze not survived by children or descendants, the remaining trust assets shall be distributed to the following beneficiaries in the percentages as shown: 100.00% to the persons who would have been entitled to the assets of my estate under the laws of PA. if I had died Intestate. E. Protection of Beneficiaries. The interest of any beneficiary under this Trust shall not be subject to assignment, anticipation, claims of creditors, or seizure by legal process. If the Trustee believes that the interest of any beneficiary is threatened to be diverted in any manner from the purposes of this Trust, the Trustee shall withhold the income and principal from distribution, and shall apply payment in the Trustee's discretion in such manner as the Trustee believes shall contribute to the health, support, maintenance, and education of the beneficiaries. When the Trustee is satisfied that such diversion is no longer effective or threatened, the Trustee may resume the distributions of income and principal authorized. F. Nomination of Trustee. without bond. I nominate Scott C. Weaver, of Harrisburg, Pa., as the Trustee, Page 3 of 9 ARTICLE IV NOMINATION OF EXECUTOR I nominate William F. Mac Avoy, of Carlisle, Pa., as the Executor, without bond. If such person or entity does not serve for any reason, I nominate Scott Weaver, of Harrisburg, Pa., to be the Executor, without bond. ARTICLE V EXECUTOR AND TRUSTEE POWERS My Executor, with respect to my estate, and my Trustee with respect to my trust, in addition to other powers and authority granted by law or necessary or appropriate for proper administration, shall have the following rights, powers, and authority without order of court and without notice to anyone. 1. Receive Assets. To receive, hold, maintain, administer, collect, invest and re-invest the estate and trust assets, and collect and apply the income, profits, and principal of the estate and trust in accordance with the terms of this instrument. 2. Receive Additional Assets. To receive additional assets from other sources, including assets received under the Wills of other persons. 3. Standard of Care. To acquire, invest, reinvest, exchange, retain, sell, and manage estate and trust assets, exercising the judgment and care, under the circumstances then prevailing, that persons of prudence, discretion and intelligence exercise in the management of their own affairs, not in regard to speculation but in regard to the permanent disposition of their funds, considering the probable income as well as the probable safety of their capital. Within the limitations of that standard, the Executor and Trustee are authorized to acquire and retain every kind of property, real, personal or mixed, and every kind of investment, specifically including, but not by way of limitation, bonds, debentures and other corporate obligations, and stocks, preferred or common, that persons of prudence, discretion and intelligence acquire or retain for their own account, even though not otherwise a legal investment for trust funds under the laws and statutes of Page 4 of 9 the United States or the state under which this instrument is administered. 4. Retain Assets. To retain any asset, including uninvested cash or original investments, regardless of whether it is of the kind authorized by this instrument for investment and whether it leaves a disproportionately large part of the estate or trust invested in one type of property, for as long as the Executor or Trustee deems advisable. 5. Dispose of or Encumber Assets. To sell, option, mortgage, pledge, lease or convey real or personal property, publicly or privately, upon such terms and conditions as may appeaz to be proper, and to execute all instruments necessary to effect such authority. 6. Settle Claims. To compromise, settle, or abandon claims in favor of or against the estate or trust. 7. Manage Property. To manage real estate and personal property, borrow money, exercise options, buy insurance, and register securities as may appeaz to be proper. 8. Allocate Between Principal and Income. To make allocations of charges and credits as between principal and income as in the sole discretion of the Executor or Trustee may appear to be proper. 9. Employ Professional Assistance. To employ and compensate counsel and other persons deemed necessary for proper administration and to delegate authority when such delegation is advantageous to the estate or trust. 1 D. Distribute Property. To make division or distribution in money or kind, or partly in either, at values to be determined by the Executor or Trustee, and the judgment of either in such respect shall be binding upon all interested parties. 11. Enter Contracts. To bind the estate or trust by contracts or agreements without assuming individual liability for such contracts. 12. Exercise Stock Ownership Rights. To vote, execute proxies to vote, join in or oppose any plans for reorganization, and exercise any other rights incident to the ownership of any stocks, bonds or other properties of the estate or trust. Page 5 of 9 13. Duration of Powers. To continue to exercise the powers provided in this Article notwithstanding the termination of the trust until all the assets of the trust have been distributed. ARTICLE VI MISCELLANEOUS PROVISIONS A. Paragraph Titles and Gender. The titles given to the paragraphs of this Will are inserted for reference purposes only and are not to be considered as forming a part of this Will in interpreting its provisions. All words used in this Will in any gender shall extend to and include all genders and in numbers when the context or facts so require, and any pronouns shall be taken to refer to the person or persons intended regardless of gender or number. B. Thirty Day Survival Requirement. For the purposes of determining the appropriate distributions under this Will, no person or organization shall be deemed to have survived me, unless such person or entity is also surviving on the thu tieth day after the date of my death. C. Beneficiary Disputes. If any bequest requires that the bequest be distributed between or among two or more beneficiaries, the specific items of property comprising the respective shares shall be determined by such beneficiaries if they can agree, and if not, by my Executor. IN WITNESS WHEREOF, I have subscribed my name below, this ~~ day of Avoy We, the undersigned, hereby certify that the above instrument, which consists of pages, including the page(s) which contain the witness signatures, was signed in our sight and presence by (the "Testator"), who declared this instrument to be his/her Last Will and Testament and we, at the Testator's request and in the Testator's sight and presence, and in the sight and presence of each other, do hereby subscribe our Page 6 of 9 names and addresses as witnesses on the date shown above. t Witness Signature: Witness Name: ~ (r 2~ Witness Address: ~ ~ ~i l l ~^Ru,~ ~ A 17Q1 ~. Witness Signature: G(,~I/L~(1 tJ~ Witness Name: ~Ct ~ ~ U ~~ ~Uf d'~ e Witness Address: S (~(~ . Irv Page 7 of 9 AFFIDAVIT STATE OF _ COL]NTY OF Before me, the undersigned, on this day personally appeared Carolyn Mac Avoy, and known to me to be the Testator and the witnesses, respectively, whose names are signed to the foregoing instrument. All of these persons were first duly sworn by me. Carolyn Mac Avoy, the Testator, declared to me and to the witnesses, in my presence, that the foregoing instrument is the Testator's Will and that the Testator willingly signed and executed such instrument (or expressly directed another person to sign the instrument for the Testator in the Testator's presence) in the presence of the witnesses, as the Testator's free and voluntary act for the purposes expressed in the instrument. Each of the witnesses declared in the presence and hearing of the Testator that the foregoing instrument was executed and acknowledged by the Testator as the Testator's Will in their presence and that they, in the Testator's presence, hearing and sight and at the Testator's request, and in the presence of each other, did subscribe their names to the instrument as attesting witnesses on the date of the instrument. The Testator, at the time of the execution of such instrument, was of full age, of sound mind, and the witnesses were sixteen years of age or older and otherwise competent to be witnesses. Q~ Carolyn ac Avoy, Testator T= . ~t Witness Witness Page 8 of 9 Subscribed, sworn to and acknowledged before me by Cazolyn Mac Avoy, the Testator; and subscribed and sworn before me by and ,witnesses, this day of ___. , 19 Notary Public, or other officer authorized to take and certify acknowledgements and administer oaths Page 9 of 9 ~ ~IC~\ CG ~~ '~~ Z ~~ n ~$ M~. ~