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HomeMy WebLinkAbout01-03-13 (4)J REV-1500 Ex(°'-'°' ;~ 1505610143 PA De artment of Revenue ~ OFFICIAL USE ONLY p pennsylvania County Code Year Bureau of Individual Taxes DEPARTMENT OF REVENUE PO 60X.280601 INHERITANCE TAX RETURN 2 1 12 Harrisburg, PA 17128-0601 RESIDENT DECEDENT File Number 00461 ENTER DECEDENT INFORMATION BELOW Social Security Number Date of Death 04 02 2012 Decedent's Last Name Suffix MALACHOWSKI (If Applicable) Enter Surviving Spouse's Information Below Spouse's Last Name Suffix Spouse's Social Security Number FILL IN APPROPRIATE OVALS BELOW ® 1. Original Return ^ 4. Limited Estate ® g Decedent Died Testate (Attach Copy of Will) ^ 9. Litigation Proceeds Received Date of Birth 06 19 1932 Decedent's First Name MI LILLIAN M Spouse's First Name MI THIS RETURN MUST BE FILED IN DUPLICATE WITH THE REGISTER OF WILLS ^ 2. Supplemental Return ^ 4a. Future Interest Compromise (date of death after 12-12-82) ^ ~ Decedent Maintained a Living Trust (Attach Copy of Trust) ^ 1 ~ Spousal Poverty Credit (date of death between 12-31-91 and 1-1-95) ^ 3. Remainder Return (date of death prior to 12-13-82) ^ 5. Federal Estate Tax Return Required 0 8. Total Number of Safe Deposit Boxes ^ 11. Election to tax under Sec. 9113(A) (Attach Sch. O) CORRESPONDENT -THIS SECTION MUST BE COMPLETED. ALL CORRESPONDENCE AND CONFIDENTIAL TAX INFORMATION SHOULD BE DIRECTED T0: Name Daytime Telephone Number DEBRA K WALLET 717 737 1300 First line of address 24 NORTH 32ND STREET Second line of address City or Post Office CAMP HILL Correspondent's a-mail address: W a l l e t d e b@ a O I. C O m 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. S GNA ~JRE QF PE. ON RESPONSIBLE FOR FILING RETURN DATE Linda M. Walke 5081 Carrollton Drive, Harrisburg, PA 17112 SIGNATURE OF PREPARER OTHER THAN REPRESENTATIVE DATE '~~~ Debra K Wallet ~ ,~. ~~ ADDRESS 24 North 32nd Street, Camp Hill, PA 17011 Side 1 State ZIP Code PA 17011 REGI~~F WILLS~I~SE A~IL~j Cx~ -~r~ ~'; , ~ .,~ t .rte ~•.~ .~~_ ~ c~ ~ . ; ,,:Y , ~H. ' ~ -•-~ ~ .t '. I?ATE Fllr~l~ ~ ~ ' ~, --+ -:~ .,~.~ 1505610143 1505610143 J ,. d~, ~~, ~ .e~ J 1505610243 REV-1500 EX Decedent's Social Security Number DecedenYsName: MALACHOWSKI, LILLIAN M RECAPITULATION 1. Real Estate (Schedule A) .......................................................................................... 1. 2. Stocks and Bonds (Schedule B) ............................................................................... 2. 1 8 7, 5 8 5 0 6 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. 4 8 , 9 5 6 . 4 8 6. Jointly Owned Property (Schedule F) ^ Separate Billing Requested ............. 6. 7. Inter-Vivos Transfers & Miscellaneous Non-Probate Property (Schedule G) ^ Separate Billing Requested ............. 7. 3 1 0, 9 6 3 9 6 8. Total Gross Assets (total Lines 1-7) ....................................................................... 8. 5 4 7, 5 0 5 5 0 9. Funeral Expenses & Administrative Costs (Schedule H) ......................................... 9. 5 , 0 0 6 . 9 7 10. Debts of Decedent, Mortgage Liabilities, & Liens (Schedule I) ................................ 10. 3 , 6 2 5 . 6 6 11. Total Deductions (total Lines 9 & 10) ...................................................................... 11. 8 , 6 3 2 6 3 12. Net Value of Estate (Line 8 minus Line 11) ............................................................. 12. 5 3 8 , 8 7 2 8 7 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. 5 3 8 , 8 7 2 8 7 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 linealrateX .045 538 , 872.87 16. 24 , 249.28 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. 2 4, 2 4 9. 2 8 20. FILL IN THE OVAL IF YOU ARE REQUESTING A REFUND OF AN OVERPAYMENT. ^ Side 2 1505610243 1505610243 REV-1500 EX Page 3 File Number 21 - 1 2 - 00461 Decedent's Complete Address: Malachowski, Lillian M STREET ADDRESS 325 Wesley Drive, Apartment 3319 CITY Mechanicsburg -. __ - _ STATE ZIP PA I 17055 Tax Payments and Credits: 1. Tax Due (Page 2, Line 19) 2. Credits/Payments A. Prior Payments 20,000.00 B. Discount 1,052.63 3. Interest 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. (1) 24,249.28 Total Credits (A + B) (2> 21, 0 5 2.6 3 __ _- _ __ (3) 0.00 (4) (5) 3,196.65 Make Check Payable to: REGISTER OF WILLS, AGENT. t ~ ~SL ~~ A .....,.,..,,, .,yau/~.~F ~.L%E .:.,: ~ 4Fif5'S~ i ';i~',~We'Rh' J~'?X:S:.,..,... <£#7' >'3'....,.... ,. ....,y: .. .. 'R~i2?~R••• " ~"' fRk`Z'x" @%f..,:..,. .,,~...,.... ... `W,Y d 4M ~e" :, .: R.:Xi.'a"w .... ,.,Ei.s a'1',z c tt 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 :.................................................................................. _ f x - , b. retain the right to designate who shall use the property transferred or its income :.................................... i` x -- -- c. retain a reversionary interest; or .................................................................................................................. x d. receive the promise for life of either payments, benefits or care? .............................................................. I', _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. .....,Y-... ~ .. .,: .. ,~ fr .~.. 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, whether by blood or adoption. i I, SCHEDULE B I,, COMMONWEALTH OF PENNSYLVANIA GT~C • ~~ `'" BO ~ DS INHERITANCE TAX RETURN RESIDENT DECEDENT FILE NUMBER ESTATE OF Malachowski, Lillian M 21 - 12 - 00461 --- i --- --- ____ - - -- All property jointly-owned with right of survivorship must be disclosed on Schedule F. SCHEDULE E CASH, BANK DEPOSITS, & MISC. ~, COMMONWEALTH OF PENNSYLVANIA PERSONAL PROPERTY INHERITANCE TAX RETURN i RESIDENT DECEDENT - -- - __ - - _ - - - - - - rFILE NUMBER ESTATE OF Malachowski, Lillian M 21 - 12 - 00461 __ ---- ---1- __ 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 DESCRIPTION VALUE AT DATE OF NUMBER DEATH 1 PNC checking account #5140397321 45,487.40 2 ~ Personal property in apartment (furniture and kitchen items -donated to charity) ~ 0.00 3 Cash in possession of Decedent 53.65 4 Cumberland Valley Memorial Gardens burial plot 1,811.00 5 Erie Insurance refund 29.00 6 I SSA I 1,470.50 7 ~ County of Cumberland ~ 100.00 8 I Verizon refund I 4.93 TOTAL (Also enter on Line 5, Recapitulation) ~ 48,956.48 SCHEDULE G ~' COMMONWEALTH OF PENNSYLVANIA I! INHERITANCE TAX RETURN INTER-VIVOS TRANSFERS & RESIDENT DECEDENT ', MISC. NON-PROBATE PROPERTY ESTATE OF Malachowski, Lillian M ;FILE NUMBER 21 - 12 - 00461 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 TAXABLE VALUE NUMBER Include the name of the transferee, their relationship to decedent VALUE OF ASSET ', DECD'S (IF APPLICABLE) and the date of transfer. Attach a copy of the deed for real estate. INTEREST 1 Transamerica Life Insurance Company ' 23s,9s5.o9 ', 100% ', 238,985.09 Annuity #0200PB09200 2 ' 3/31/12 Gift to Benjamin R. Walke (within 1 year of DOD) 3 '' 3/31/12 Gift to Abigail J. Walke (within 1 year of DOD) 4 '' PNC Investments Acct. #004-079618 ', Prime Fund Daily Money Class 5 PNC Investments Acct. #004-079618 '~, American Europacific Growth Class F1 6 '' PNC Investments Acct. #004-079618 American Growth Fund of America 7 ' PNC Investments Acct. #004-079618 ', Artisan Mid Cap Value 8 '' PNC Investments Acct. #004-079618 Eaton Vance Large Cap Value CI A 9 'PNC Investments Acct. #004-079618 Federated Kaufmann CI A 10 PNC Investments Acct. #004-079618 JP Morgan Emerging Mkts Equity Select 11 'PNC Investments Acct. #004-079618 Federated Total Return Bond CI A 12 'PNC Investments Acct. #004-079618 ', Fidelity Advisor FI Rate High Inc CI T ~o,ooo.oo ' 100% 3,000.00 ' 7,000.00 ~o,ooo.oo ' 100% ' 3,000.00 7,000.00 1,051.12 '', 100% 1,051.12 3,672.89 '', 100% ', ' 3,672.89 6,962.28 ' 100% '' 6,962.28 1,227.20 '' 100% 1,227.20 7,414.11 '' 100% '', 7,414.11 1,311.26 100% 1,311.26 so3.s~ 100% ' 603.81 29, ~ o2.9s ' 100% 29,102.98 3,423.75 100% ', 3,423.75 TOTAL (Also enter on line 7, Recapitulation) 310,963.96 i ' SCHEDULE G COMMONWEALTH OF PENNSYLVANIA INTER-VIVOS TRANSFERS & INHERITANCE TAX RETURN MISC. NON-PROBATE PROPERTY RESIDENT DECEDENT continued ESTATE OF Malachowski, Lillian M FILE NUMBER ~, 21 - 12 - 00461 This schedule must be completed and filed if the answer to any of questions 1 through 4 on page 2 is yes. DESCRIPTION OF PROPERTY % OF TAXABLE VALUE ITEM DATE OF DEATH EXCLUSION j NUMBER ', Include the name of the transferee, their relationship to decedent VALUE OF ASSET ', DECD'S ', (IF APPLICABLE) and the date of transfer. Attach a copy of the deed for real estate. INTEREST - -- 13 ', PNC Investments Acct. #004-079618 - s 2og.4~ '-- - ~- _- - _- 100% 3,209.47 Wells Fargo Advt Intl Bond Fd Adm CI I j SCHEDULE H '' ' I FUNERAL EXPENSES & COMMONWEALTH OF PENNSYLVANIA I i INHERITANCE TAX RETURN ~ ~~'NF~7 1 1~1~E ~.1~7~ ~ RESIDENT DECEDENT - _ - FILE NUMBER ESTATE OF Malachowski, Lillian M 21 - 12 - 00461 Debts of decedent must be reported on Schedule I. ITEM NUMBER ', FUNERAL EXPENSES: DESCRIPTION AMOUNT A. 1 ', Auer Cremation (costs over prepaid amount) 493.27 2 ' Royers Flowers 110.77 3 ', Bethany Village (memorial service) ' 443.43 B. 1 ', ADMINISTRATIVE COSTS: ', 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, Esq. ', 3,500.00 3. ', Family Exemption: (If decedent's address is not the same as claimant's, attach explanation) Claimant I Street Address ', City State Zip ', Relationship of Claimant to Decedent 4. Probate Fees 409.50 5. ', Accountant's Fees 6. ' Tax Return Preparer's Fees 7. ' Other Administrative Costs ', 1 ', Photocopies, postage, etc. ', 50.00 TOTAL (Also enter on line 9, Recapitulation) 5,006.97 SCHEDULEI ', ''~ DEBTS OF DECEDENT, MORTGAGE I, COMMONWEALTH OF PENNSYLVANIA LIABILITIES {~7[ LIENS INHERITANCE TAX RETURN 7 RESIDENT DECEDENT -- -_- 'FILE NUMBER ESTATE OF Malachowski, Lillian M ', 21 - 12 - 00461 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 Bethany Village 2 I Verizon 3 I SSA 4 Harrisburg Pharmacy 5 Holy Spirit Hospital 6 Hampden Ph. Assoc. 7 PCCMA (doctor) 8 Quantum Imaging 9 Lower Allen EMS AMOUNT 2,096.16 51.21 1,265.00 4.75 110.13 27.28 18.71 13.93 38.49 TOTAL (Also enter on Line 10, Recapitulation) 3,625.66 REV-1513 EX+ (11-08) y ~ SCHEDULE J ~' COMMONWEALTH OF PENNSYLVANIA ' BENEF'C' A R~EQ INHERITANCE TAX RETURN li ~~1 1~1, ` ~+ 'I RESIDENT DECEDENT ESTATE OF 'I FILE NUMBER Malachowski, Lillian M 21 - 12 - 00461 - - -- - - - _ _ - - --- -- - - _- _ - - - -- -- _ _ _ _ _ _ ------ -! ---- _ T RELATIONSHIP TO I SHARE OF ESTATE ~ AMOUNT OF ESTATE NUMBER ', NAME AND ADDRESS OF PERSON(S) ', DECEDENT (Words) ~, ($$$) -- -- --~---- -- - -RECEIVING PROPERTY _ - _ - -- --- oo Not List Trustee(s) --- - . i __ __- --- ~ -- -- TAXABLE DISTRIBUTIONS Include outs ht spousal I' distributions, and transfers under Sec. 9116 (a) (1.2)] 1 ,Ted R. Walke ,Son ~~ 1/7 of residuary ', 5081 Carrollton Drive Estate I, ', Harrisburg, PA 17112 2 'Tina McNaughton Daughter ~ 1/7 of residuary 104 Lincoln Way West Estate ', 'New Oxford, PA 17350 3 ' Debra D. (Walke) Amos ', Daughter ~I 1/7 of residuary 4308 Voss Hills Place 'Estate Dallas, TX 75287 I ~I '~ I i 'Enter dollar amounts for distributions shown above on lines 15 through 18 on Rev 1500 cover I I sheet, as appropriate. ' II. NON-TAXABLE DISTRIBUTIONS: A. SPOUSAL DISTRIBUTIONS UNDER SECTION 9113 FOR WHICH AN ELECTION TO TAX IS NOT TAKEN III i ' i i I I B. CHARITABLE AND GOVERNMENTAL DISTRIBUTIONS ~I I i TOTAL OF PART II -ENTER TOTAL NON-TAXABLE DISTRIBUTIONS ON LINE 13 OF REV-1500 COVER SHEET'I 0.00 REV-1513 EX+ (9-00) ', SCHEDULE J COMMONWEALTH OF PENNSYLVANIA BENEFICIARIES COIltI11U@C~ ~~1 INHERITANCE TAX RETURN RESIDENT DECEDENT _---L -- - --_ ___ _ ---- ___ _ _ _ _ _ - -1- --- __ ESTATE OF Lillian M Malachowski I FILE NUMBER , 21 - 12 - 00461 T RELATIONSHIP TO SHARE OF ESTATE ;AMOUNT OF ESTATE i NUMBER NAME AND ADDRESS OF PERSON(S) DECEDENT ~ i (Words) ', ($$$) RECEIVING PROPERTY ~o Not i_ist Trustee(s) ~ I '., ' TAXABLE DISTRIBUTIONS[include outright spousal distributions, and transfers under Sec. 9116 (a) (1.2)] I 4 ' Diana L. Walke Daughter j 1/7 of residuary ', ', 300 3rd Street, #907 ~~I Estate San Francisco, CA 94107 ~ 5 , Megan C. (Walke) Gotschall Granddaughter 1/7 of residua ~ ry 1243 Yarmouth Lane ' ~ Estate '~ , New Cumberland, PA 17070 ', 6 '', Benjamin R. Walke 'Grandson 1/7 of residuary i 546 East Gaston Street , Estate Savannah, GA 31401 7 ', Abigail J. Walke Granddaughter 1/7 of residuary ~~~ 5081 Carrollton Drive ! , Estate ', Harrisburg, PA 17112 ' ~~ I ~L.eA~T 'Y~Y ~LL AND T~ ~TAMJL'eNT ©~ L~LL~AN Mo MALACH®~ ~JLyJ1 I, LILLIAN ~-~. r~~ALAC~IO`JJSKI, of Mecrianicsbug, Cum'oeriand County, Pennsylvania, being of sound and disposing mind, memory, and understanding, do hereby make, publish, and declare this to be my Last Will and Testament and hereby revoke all other Wills and Codicils that I have made, including the Will dated January 26, 1998. FIRST: All of my Estate, of whatever nature and wherever situate, I give, devise, and bequeath, in equal. shares, to the following individuals who shall survive me by thirty (30) days: my son, TED R. WALKS, of Harrisburg, Pennsylvania; my daughter, TINA McNAUGHTON, of New Oxford, Pennsylvania; my daughter, DEBRA D. WALKS, of Dallas, Texas; my daughter, DIANA L. WALKS, of San Francisco, California; my granddaughter, MEGAN C. WALKS, of Harrisburg, Pennsylvania; my grandson, ~~ BENJAMIN R. WALKS, of Harrisburg, Pennsylvania; my granddaughter, ABIGAIL J. _, WALKS, of Harrisburg, Pennsylvania; and one share to any grandchildren born after the date of this Will but before the date of my death. Should any of my beneficiaries fail to survive me by thirty (30) days, then this beneficiary's share is to be re-divided among my surviving beneficiaries listed in this paragraph. SECOND: If any portion of my Estate shall be payable to a beneficiary who is less than eighteen (18) years of age, my Executrix may pay such share to the beneficiary's parent or guardian, as custodian for said minor, who shall deposit such share in the minor's name in a Uniform Gift to Minors' Act account in a savings institution of the Executrix's choosing, payable to the minor at majority. THIRD e All interests of any beneficiary in the income or principal of this Estate, while undistributed and in the possession of my Executrix, even though vested and distributable, shall not be subject to attachment, execution or sequestration for any debt, contract, obligation or liability of any beneficiary and, furthermore, shall not be subject to pledge, assignment, conveyance, or anticipation. FOURTH: All inheritance, estate, and succession taxes (including interest and any _~ J ,, ~~ ~, ~} r~ r ~- penalties thereon) payable by reason of my death shall be paid out of and be charged generally against the principal of my residuary estate, without apportionment or right of reimbursement from any person. In the event that a substantial portion, as determined in the sole and absolute judgment and discretion of my Executrix, of the non-probate assets such as an annuity or mutual funds are directed to be paid to a beneficiary or beneficiaries, so that the taxes referred to herein would be paid out of the probate residue passing to the beneficiary or beneficiaries of this will (whether or not the same as the beneficiary or beneficiaries under the non-probate assets), my Executrix, in the Executrix's sole and absolute judgment and discretion, shall have the right to allocate the full or partial payment of the taxes to the beneficiary or beneficiaries of the non-probate assets. FIFTH : In addition to all rights and powers conferred by law, I authorize and empower my Executrix and her successors, in her absolute discretion and without necessity of obtaining court approval: A. To buy investments at a premium or discount. B. To hold property unregistered or in the name of a nominee. C. To give proxies, both ministerial and discretionary. D , To compromise claims . E. To join any merger, consolidation, reorganization, voting trust plan, or any other concerted action of security holders and to delegate discretionary duties with respect thereto. F. To lend to, and buy from, my estate. G. To borrow and to pledge real and personal property as security therefor. H. To sell at public or private sale for cash or credit or partly for each, to exchange, or to lease for any period of time, any real or personal property, and to give options for sales, exchanges, or leases. I, To exercise any option permitted by law which she believes to .be advantageous from the viewpoint of overall tax reductions, including, without limitation of the foregoing, power and authority to claim administration or other expenses either as income tax deductions or inheritance or estate tax deductions, without regard to whether they were paid `~ from principal or income and without requiring adjustments between principal and income for any resulting effect on income or estate taxes, and a deduction of such expenses for income tax purposes shall be given effect in computing the respective shares of all persons interested in my estate set forth herein, even though the effect is to increase the share of one beneficiary or class of beneficiaries hereunder at the expense of another; and to make such adjustments, if any, between beneficiaries with respect thereto as she shall deem appropriate in view of the nature of tree transaction and the amounts involved. J. To distribute in cash or in kind or partly in each. K. To employ agents, legal counsel, brokers, and assistants, and to pay their fees and expenses as she may deem necessary or advisable to carry out the provisions of this Will or any Trust, The powers granted hereunder shall be exercisable with respect to all real and personal property, including, but not limited to, income and principal held for minors or disabled beneficiaries at any time, until the actual distribution of all property. All powers, authorities and discretion granted here shall be in addition to those granted by law and shall be exercisable without leave of court. However, nothing herein shall be interpreted or construed to encourage, authorize, empower, or permit the Executrix to act or cause anyone to act in a ~~ manner contrary to or inconsistent with accepted standards of portfolio diversification and risk ~• management. _-t1 SIXTH: I nominate, constitute, and appoint my daughter-in-law, LINDA M. ,~ u -~ ~; WALKE, of Harrisburg, Pennsylvania, as Executrix of this, my Last Will and Testament. In _~~ the event of the renunciation, death, resignation, or inability of my daughter-in-law to act for whatever reason in this capacity, then I nominate, constitute, and appoint my daughter, TINA McNAUGHTON, as Executrix of this, my Last Will and Testament. I direct that no representative named above shall be required to post security for the faithful performance of her duties in any jurisdiction insofar as I am able by law to relieve her of such obligation. Any of my representatives shall be entitled to reasonable compensation for the performance of the duties set forth here. IN WITNESS WHEREOF, I have hereunto set my hand and seal this ~~' ~ day of ~A~{v+AQ~ , 2009, on this, the fifth of five typewritten pages. I have also signed the left-hand margin of the first four of these pages for purposes of identification only. ,- ~ ,- - ~--.~ LILLIAN M. MALACHOWSKI SIGNED, PUBLISHED, and DECLARED by the Testatrix, LILLIAN M. MALACHOWSKI, as her Last Will and Testament, in the presence of us, who at her request, in her presence, and in the presence of each other, have hereunto subscribed our names as witnesses. r .?~ a _ _ , ~t-~--=-_- ,~ r e ~3'b ~ tie~/t~~ rhf ~. ~~~~~~ ~A ~ ~cs~ / ,~ f d/ ACKNOWLEDGMENT Commonwealth of Pennsylvania County of Cumberland I, LILLIAN M. MALACHOWSKI, Testatrix, whose name is signed to the attached instrument, having been duly qualified according to law, do hereby acknowledge that I signed and executed the instrument as my Last Will and Testament; that I signed it willingly; and that I signed it as my free and voluntary act for the purposes therein expressed. r 7 :.~ .,s~-~:~~ LILLIAN M, MALACHOWSKI Sworn or affirmed to and subscribed before me by LILLIAN M. MALACHOWSKI, ~' 2009. the Testatrix, this ~~~' day of } ~~;~~~FE~ ~~ -~.~' ~~ ~~~ f f Notary Publyfc CO~~ONWEALTH OF PE'.°JNSYLVANIA Nota~a9 Seal nary ~. Loper, Notary Public Camp i-ii~ Eoro, Cumnd County [V;y Corr~missior~ Expires Oct 27, 2011 Member, Pennsylvania Association of Pfotaries AFFIDAVIT Commonwealth of Pennsylvania County of Cumberland We, Debra K. Wallet and r~~~li~.~y t~`~^~. ~.g.~~ -~~.~~~ ,the witnesses whose names are signed to the attached instrument, being duly qualified according to law, depose and say that we were present and saw the Testatrix, LILLIAN M. MALACHOWSKI, sign and execute the instrument as her Last Will and Testament; that she executed it as her free and voluntary act for the purposes therein expressed; that each of us in the hearing and sight of the Testatrix signed the Will as witnesses; and that, to the best of our knowledge, the Testatrix was at that time 18 years of age or older, of sound mind, and under no constraint or undue influence. ~,~,~ ~ ~- .~ -- , Sworn or affirmed to and s~.~bscribed before me by`~,~,r ~;; ~ j ~~ ~ ~ ~~ ~- and ' 2009. ~ j~~ ~~~ ~'~"~ , ~~ i;~} ~-~ ,witnesses, this ~~~ ~ day of ~~~„r 1,,~r~~ ~ ~,~ , ,~ ~~ ~~ i l F ~ `. ~ ~ Notary Publi COMMONWEALTH OF PENNSYLVANIA Notariai Seal 1,~~, M. Leper, Notary Public Camp Hifl i/oro, Cumi~iand County Niy Commission Expires Od. 27, 2Q41 MeniSer, Pennsylvania Association of Notaries