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HomeMy WebLinkAbout02-27-14 � 1505610105 REV-1500 EX(OZ-n)(FI) �; PA Department of Revenue pennsytvania oFFICiA�USE oNLY ��^�*�F^ �Ht�F��r County Code Year File Number Bureau of Individual Taxes INHERfTANCE TAX RETURN Po Box Zsoso� a� t '� �d �l�' Harrisburq,PA 1'7i28-o6oi RESIDENT DECEDENT ENTER DECEDENT INFORMATION BELOW Sociai Security Number Date of Death MMDDYYYY Date of Birth MMDDYYYY 11/03/2013 ' ' 03/13/1926 ' DecedenYs Last Name Su�x DecedenYs First Name MI ', Fortuna ' ' Joseph _ (If Appiicable)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 Return p 2.Supplemental Return O 3. Remainder Return(Date of Death Prior to 12-13-82) O 4. Limited Estate p 4a. Future Interest Compromise(date of p 5. Federal Estate Tax Return Required death after 12-12-82) � 6. Decedent Died Testate O 7. Decedent Maintained a Living Trust _ 8. Total Number of Safe Deposit Boxes (Attach Copy of Will) (Attach Copy of Trust.) O 9. litigation Proceeds Received O 10. Spousal Poverty Credit(Date of Death O 11. Election to Tax under Sec.9113(A) Between 12-31-91 and 1-1-95) (Attach Schedule O) CORRESPONDENT- THIS SECTION MUST BE COMPLETED.ALL CORRESPONDENCE AND CONFIDENTIAL TAX INFORMATION SHOULD BE DIRECTED T0: Name Daytime Telephone Number Andrew C. Sheely, Esquire ' ' 717-697-7050 _ _ _ __ _ __ _ _ . _ _7-�, REGIST�¢F WIL�S USEDNLY :k.'1 ti _� '-� ;�-t � � �—I �rl r .`_; :=.c7 First�ine of Address _ _ _ _ ` . � '`� . , ' 127 South Market Street `� _. _. Second Line of Address _ _ _ _ _ _.,._ �..� . ,"; P.O. Box 95 ' �o-- �;:� l°��� City or Post Office State ZIP Code ylDATE FILED =''1 `�? ,� Mechanicsburg ' PA , 17055 CorrespondenYs e-maii address:andrewc.sheely@verizon.net Under penaities of perjury,I deciare 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.Deciaration of preparer other than the personai representative is based on all information of which preparer has any knowledge. AT OF PERSON RESPONSIBLE FO ILI RET RN DATE d�� ��z� � ADDRESS Marlen . Fortuna, Exec ' 100 arles Street, Mechanicsburg, PA 17055 SIGN U OF P EPAR T Efjr� PR S TATIVE DATE- 2 Ziv / AD SS Andrew C. Sheely, Esquire, 127 So arket Street, P.O. Box 95, Mechanicsburg, PA 17055 PLEASE USE ORIGINA� FORM ONLY Side 1 � 15�5610105 15056],�105 � REV-1500 EX(FI) Page 3 File Number �7 / _ / 2 ,_ � /) /t� rx � J x 7 Decedent's Complete Address: DECEDENT'S NAME Joseph Fortuna _ - ...._... - _ -- _.._._ _..__.. _.._.... _ - - STREETADDRESS 1008 Charles Street _... __ _.._.... _..._..... _........ - - - _._...... _ _.._...._ - __ _ __....... _...... _..... CITY _ _..._ __ __... - STATE -ZIP Mechanicsburg PA 17055 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+B) (2) 3. Interest (3) 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) 5. If Line 1 +Line 3 is greater than Line 2,enter the difference.This is the TAX DUE. (5) $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 .............................................................................................................................. ❑ � d. receive the promise for life of either payments,benefits or care?..................................................................... ❑ � 2. If death occurred after Dec. 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-�.apon-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? ........................................................................................................................ ❑ � IF THE ANSWER TO ANY OF THE ABOVE QUESTIONS IS YES,YOU MUST COMPLETE SCHEDULE G AND FILE IT AS PART OF THE RETURN. For dates of death on or after July 1, 1994,and before Jan. 1, 1995,the tax rate imposed on the net value of transfers to or for the use of the surviving spouse �s 3 percent[72 P.S. §9116(a)(1.1)(i)]. For dates of death on or after Jan. 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 ar�d filing a tax return are still applicable even if the suroiving 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 deceasetl child 21 years ot age or younger at tleath to or for the use of a natural parent, an adoptive parent or a stepparent of the child is d 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�ecedent's lir,eal beneficiaries is 4.5 percent,except as noted in[72 P.S.§9116(a}(1)J. . 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)].A sibling is tlefined, under Section 9102,as an individual who has at least one parent in common with the decedent,whether by blood or adoption. REV�i5a3 EX+(8-iz) � pennsylvania SCNEDULE B DEPARTMENT OF REVENUE INHERITANCE TAX RETURN STOCKS & BONDS RESIDENT DECEDENT ESTATE OF FILE NUMBER Joseph Fortuna, aka Joe Fortuna 21-13-1298 All property jointly owned with right of survivorship must be disclosed on Schedule F. ITEM VALUE AT DATE NUMBER DESCRIPTION OF DEATH 1• General Electric Company common stock-4,371.45 shares @$26.391share $115,362.57 2 AT&T, Inc.common stock-148.81 shares @$36.41/share $5,418.17 3 ConocoPhillips common stock-453.31 shares @$73.02/share $33,100.70 4 Johnson&Johnson common stock-152.61 shares @$92.97/share $14,188.15 5 Proctor&Gamble Company common stock-447.30 shares @$81.15/share $36,298.39 6 Eli Lily&Company common stock-1,216.3 shares @$50.22/share $61,082.59 � JP Morgan Chase&Company common stock-681.37 shares @$52.19/share $35,560.70 TOTAL(Also enter on Line 2, Recapitulation) $ 301,011.27 If more space is needed, insert additional sheets of the same size RE4'—I511 EX+ (1s�-091 ���� x'pennsylvania SCHEDULE H DEPARTMENT OF REVENUE FUNERAL EXPENSES AND 1NHERITANCE TAX REfURN ADMINISTRATIVE COSTS RESIDENT DECEDENT ESTATE OF FILE NUMBER Joseph Fortuna, aka Joe Fortuna 21-13-1298 Decedent's debts must be reported on Schedule I. ITEM NUMBER DESCRIPTION AMOUNT A. FUNERAL EXPENSES: 1' Malpezzi Funeral Home $11,727.62 2. Gates of Heaven burial plot $950.00 3. Gates of Heaven Grave Opening $1,085.00 e. ADMINISTRATIVE COSTS: 1. Personal Representative Commissions: $0.00 Name(s)of Personal Representative(s) M8t'1e118 S. FOt"tUt18 street nddress 1008 Charies Street _ _ _ c�ty--Mechanicsburg ... ---- _ -_ state PA Z1P 17055 _. Year(s)Commission Paid: -.. ____ - _......... Z• Attorney Fees: �J'/`��ecu C� v-��"1P-��j , �-�jv���.-- $300.00 3• Family Exemption: (If decedent's address is not the same as claimant's,attach explanation.) Claimant Street Address - _...... - ........ _........ - _........ - City _.._... _ ......... State _..__ZIP _. _.- - Relationship of Claimant to Decedent 4• Probate Fees: $473.50 5. Accountant Fees: 6• Tax Return Preparer Fees: �• Postage $9.60 8. Reserves to conclude Estate Administration,final accountings $600.00 TOTAL(Also enter on Line 9, Recapitulation) $ 15,145.72 If more space is needed,use additionai sheets of paper of the same size. .,,, . X � ��.��.,-� �v��..,�.� a-�- � �_ �_ � . .���� �- �-� -�-�. .� ..,, , �� , � ` 1V�al�e,z.�i Fune�al Hotne 8 Market Plaza Way (717)697-4696 Mechanicsburg,PA 17055 www.MalpezziFuneralHome.com Jeremy J.Shartzer,FD Michael J.Malpezzi,Owner,FD Kyle C.Knipe,FD December 3, 2013 Marlene Fortuna 1008 Charles Street Mechanicsburg,PA 17055 This is the final statement for the funeral services of Joseph Fortuna We sincerely appreciate the confidence you have placed in us and will continue to assist you in every way. PROFESSIONAL SERVICES: Services ofFuneral Director/Staff $5,475.00 FUNERAL HOME SERVICE CHARGES $5,475.00 SELECTED MERCHANDISE: Steel Casket $3,595.00 Sentinel Vault $1,450.00 Maroon Register Package $75.00 THE COST OF OUR SERVICES,EQUIPMENT,AND MERCHANDISE THAT YOU HAVE SELECTED $10,595.00 CASH ADVANCES: At the time funeral arrangerreents were made, we advanced certain payments to others as an accomodation. The following is an accounting of those charges. Cemetery Equipment $200.00 Certified Death Certificates $60.00 Newspaper Notices-Patriot $447.62 Clergy/Mass Offering $125.00 Organist $125.00 Military Honor Guard $100.00 Deacon $75.00 TOTAL CASH ADVANCES AND SPECIAL CHARGES $1,132.62 CONTRACT PRICE $11,727.62 HISTORY: I 1120/2013 Payment Payment $���72�•62 11/29/2013 Payment Cumberland County VA $100.00 -$100.00 TOTAL AMOUNT DUE If you have any questions or concerns regarding this bill,please call our office at(717)697-469b. =�;��..�. ._ . � ._.., �-:�.-�.�� �- .�. JOSEPH AND MARLENE S FORTUNA 1008 CHARLES ST MECHANICSBURG, PA 17055 ******************************************,�****************�************************** CEMETERY EASEMENT This easement by and between the Roman Catholic Bishop of the Diocese of Harrisburg, as trustee for the Catholic Church of the Diocese of Harrisburg, through and by his duly aufhorized agent, the Grantor, in consideration of fhe sum of Nineteen Hundred Dollars ($1,90D.00)in hand paid, grants and assures unto Joseph and Marlene S. Fortuna the Grantee, an easement for burial purposes with a guarantee of endowed care in Cemetery Name: Gate of Heaven Locafed in . Mechanicsburg, PA Area Described: Section 2;Lot 157; Graves 6 8 7 The Grantee shall hold fhis easement subject to the foliowing conditions and timitations: 1. This grant sha11 nof be assigned or transferred except to the Grantor. 2. This granf shall be subject to the rules and regulations now in force or that rr►ay hereafter be adopted 6y the Bishop of Harrisburg or his duly authorized agent in respect of the govemment of the aforesaid cemetery as construed by the Grantor, including the rules and discipline of the Roman Catholic Church, the rules and regulations of the Diocese of _ Harrisbur�, which said rules and r�ulations and discipline are herein made a part of this_ agreement as though set out herein. 3. In the event of a breach by the Grantee, his heirs or assigns of any of the above mentioned conditions or timitations, the easement herein contained shall revert to the Grantar, and it may reenter and repossess itseff of the lot and said easement and hold the same as the Grantor's fom►er estate and the same as if said easemenf had»ot been made. /N W/TNESS THEREOF, the Grantor has caused these presents to be signed by ifs duly authorized agent this 26th day of January 2011. No. C-2-2983 BY� G�_ RECEIPT FOR PAYMENT GLENDA FARNER STRASBAUGH Receipt Date : 12/10/2013 Cumberland County - Register Of Wills Receipt Time : 10 :33 : 58 One Courthouse Square Receipt No. : 1076442 Carlisle, PA 17613 FORTUNA JOSEPH Estate File No. : 2013-01298 Paid By Remarks : MARLENE S FORTUNA ------------------------ Receipt Distribution ------------------------ Fee/Tax Description Payment Amount Payee Name PETITION LTRS TEST 315 . 00 CUMBERLAND COUNTY GENERAL FUN WILL 23 . 50 BUREAU OF RECEIPTS & CNTR M.D JCS FEE 40 . 00 CUMBERLAND COUNTY GENERAL FUN SHORT CERTIFICATE 5 . 00 CUMBERLAND COUNTY GENERAL FUN AUTOMATION FEE 15 . 00 CUMBERLAND COUNTY GENERAL FUN INVENTORY 15 . 00 CUMBERLAND COUNTY GENERAL FUN INH TAX RETURN ---------------- Check# 1806 423 . 50 Total Received. . . . . . . . . 423 .50 REV-1512 EX+(12-08) ������ ;;` pennsylvania SCHEDULE I ��� DEPARTMENT OF REVENUE DEBTS OF DECEDENT, 1NHERITANCE TAX RETURN MORTGAGE LIABILITIES & LIENS RESIDENT DECEDENT ESTATE OF FILE NUMBER Joseph Fortuna, aka Joe Fortuna 21-13-1298 Report debts incurred by the decedent prior to death that remained unpaid at the date of death,including unreimbursed medical expenses. ITEM VALUE AT DATE NUMBER DESCRIPTION OF DEATH 1• Stonebridge Health&Rehabilitation-final bill $592.00 TOTAL(Also enter on Line 10, Recapitulation) $ 592.00 If more space is needed, insert additional sheets of the same size. �. _ �. �. , �. _,� ����}.��� ���- � �,�- ���� �:�, �.�s,: :� .�.� �_ , _ �.--�""" � ����?���-�..��-���`�._.. ;�-`-='����-�=� .-�=�-- - __ - � n� � �� �,�„ STONEBRIDGE HEPiLTH S� RE�IAB CENTER ' �`� ?� -i -'�' � = t �lY �� �IK V� 4 DQpj��7�7�7 PA 17fl20-9745 ° . : � = v:.S..�'c-.,�a��t,;''�.-c—_``�'.t,-,� ;` , Z _._.._.. __.�_:.� _.._._ _..._..�._..'�.�_ � - '-'` . � ' . . .. � ; � '- -- j i 12/31/23 I 255-02628 Ol 1 i '717/834-4111 Ext_ 00000 � , � �v� ;�; � � - �,�;� � < - - ' �" -:" u � ;� ������� ����..�' 3.€ >- �a�„�� {` ._...__. ___.-_ . ._..._�...____..._-- �� -.�_ __ ~ ;::f. �� ... .. �... � � ,-"�. . . ��ts _Yts _ :, . t . . . _�.�-..�� � :x�.��_�__�.�__�._ _—_. ___ FORTUNA JOSEPH �� 'D0403��— U05971 � �— i N3ARL8ATE FO� f 1008 r_Etnu�r.tzS ST 1 � ;n�#7F{������i��:'•.�=i�` MEC;S2�NICSBURG PA 17055- 39sa ; tF AUQRESS s80�'te:ts � !FlCORREG�PLEASE ; i�tAKE CHA�1fiE��IEGES&ARv . y tP!iHE BILl16tfi NA�'fE BdX ����Q ..- %�d5/.1D1� 3�EQRE i�9AlUFlG t'AYFd�FlT 1 ..,._ �,���:.L'CJ � ��'S'/Zd�� PlEASE lP1DICATE RMOUNT PAID ';DUR PA�`MfNt i5 DRIE UPtMI�RECpPT.e tiAFlK YOU.PlEA5E DEERCH AWO REi(JRf�YOP PUBFIUN tuITH y01iR GBE�Y i U�lSIlRB PROPER GREDI7 TO YOUR ACGOIlNY � �.-'�' �`�` � ,� � �� �-� ���,�`�-�� .00 �� �x��� ��� H-��.�____�._��.� -- � � �= 2 �.'`s� � �e y�`a� °�,R' �u� 'z'� "'q �` g������€�3i1 ���r E Q � e ."1 4"4� C 'r'�x a ''� t.u��v.�.....,..�..^_,—F 9'�� ) -:. -� :�?'�F .�,rt'.a."".,�'�����.x_ ,__�.:si��.�� :_-' '_.�._ � .____.r..�...._._ -.��a",_.._r_,:.�i_ �x:�,:�,,. �-�"°w�:.� � _..u�-._..Y_.:.:_-._.� — _ _ �1V0/Ol/13 10/Ol/13 COINS�[JRANC� ADJUS�NT 296 00 � !11/Ol/13 ii/�i/i3 con�s�xc� �,n�rs�r ' � 296.00 � � � ..��. n-��..o�-�.� ; �-- : . , _ } J - :. � ; � _ %U�� � ���._.� ! o� � � ,0 0 _ �-e--e-� ��� � G�.�.�.. i ; � �� .�-�� { ��2�-�-�-�-�_ �' ��� _ �Q��1 � � ;., ' �� :-�%� ��� ,� -- � y� . . ` � .. .. - .. � � ; ��� j _ s � �i���� �L-zIZQ�: � : � 3 - �Y/r{'r������vl . . � J �+� V �-°'�G�-�/ ��� ��� __--__ ---.. 3 1��. � , / f _ �-- _ . _ - . 1 L,G/i7,C.t7�— � �/J l 1 , _ / `�"_ � __ . . ;� �, � / �� ,�;;� ��.. � , � i4�v' .G,r�", / / _ �� . � i ,- i / - _ ) _ �t-� �'l/�i"' f ' L `�"' it .00 592.00 - ' ,��•�<a�i `�?,��. �..f�.� 12/31/13 , ;� , ., � 592.OQ �$ �¢y �w��qq {G �!��ye!�. ��'�°� a�•`�� {, ° ,�„3L's^ �'�;; §�;. .� ��",� . ,.� 4��!i � ,�-i.��-���°���1�d6-, �' q;a i(�6p1f �C V Z 3:�L� ���t31 t a�iL s t �� �aS .�. .. ..._�.0 �'J_—���-..,_....'?.., _t...�.u�:`�.��...,.•ty.L..'..=�.-,y.'��.aS"'.x.:'Sf�a'_J,i. �'.r9 r9���4i�a�£�rd.�o. i_._._ _ .e..�__.___._._.....� . __.. . � �`..�, .�� �'pp��,����R�'��,°� � � .00 _00 592.00 592.00 � 1.4l'J���`s�d �L•-.:`�s - � �x �� �`i,^'�` ���c.��,�.�}N�_'? �,-{_..�-� " -- �f-�—� _�Fi .�'�'�i� ��--u�t �` �'.��' . `= g F ,L i' , =-, r+,.�v�r1i._}�'.rf ._� _ � �`'�. s..'a� is ia,:- s �e"e�s i c�. � ir��� -.� �-�,..�, _:.:.e-._ `£., i_.y.r, �._ _�'�� � �,�: ����; ��.Y �'•!s� `� ..._.� _ ��. ._.-- "—- �J 18.0$ � � .00 _00 _00 I_5� _•_00 � ' REV-P513 EX+(O1-10) �`%r m�` pennsylvania SCHEDULE � � DEPARTMENT OFREVENUE INHERITANCE TAX REfURN BENEPICIARIES RESIDENT DECEDENT ESTATE OF: FILE NUMBER: Joseph Fortuna, aka Joe Fortuna 21-13-1298 RELATIONSHIP TO DECEDENT AMOUNT OR SHARE NUMBER NAME AND ADDRESS OF PERSON(S)RECEIVING PROPERTY Do Not List Trustee(s) OF ESTATE I TAXABLE DISTRIBUTIONS[Inciude outright spousal distributions and transfers under Sec.9116(a)(1.2).] i. Marlene S.Fortuna, 1008 Charles Street, Mechanicsb�rg,PA 17055 Spouse 100% ENTER DOLLAR AMOUNTS FOR DISTRIBUTIONS SHOWN ABOVE ON LINES 15 THROUGH 18 OF REV-1500 COVER SHEET,AS APPROPRIATE. II NON-TAXABLE DISTRIBUTIONS A. SPOUSAL DISTRIBUTIONS UNDER SECTION 9113 FOR WHICH AN ELECTION TO TAX IS NOT TAKEN: 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,use additional sheets of paper of the same size. LA,ST WILL AND TESTAMENT OF JOSEPH FORTUNA aka JOE FORTUNA I, JOSEPH FORTUNA, also known as, JOE FORTUNA, of 1008 Charles Street, Mechanicsburg, (Borough of Mechanicsburg), Cumberland County, Pennsylvania, make, publish and declare this as and for my Last Will and Testament, hereby revoking all other Wills and Codicils heretofore made by me. FIRST: I direct that all inheritance, estate, transfer, succession and death taxes, as well as my just debts and funeral expenses, of any kind whatsoever, which may be payable by reason of my death, shall be paid out of the principal of my estate as the same can conveniently be done. SECOND: I give, devise and bequeath all the rest, residue and remainder of my estate of whatever nature and wherever situate, including any property over which I hold power of appointment and together with any insurance policies thereon, unto my wife, 11✓IARLENE S. FORTUNA, provided she survives me by thirty (30) days. THIRD: Should MARLENE S. FORTUNA predecease me or die on or before the thirty-first (31 st) day following my death, I specifi- �,,� cally give and bequeath, as follows: `��`� (a) Thirty Thousand dollars ($30,000.00) thereof unto my grandson, SETH A. FORTUNA provided that should SETH A. FORTUNA predecease me, I give and bequeath his share unto my granddaughter, HOLLY B. FORTUNA; and (b) Thirty Thousand dollars ($30,000.00) thereof unto my granddaughter, HOLLY B. FORTUNA, provided that should HOLLY B. FORTUNA predecease me, I give and bequeath her share unto SETH A. FORTUNA; and (c) Ten Thousand dollars ($10,000.00) thereof unto my step- grandson, MICHAEL P. FORTUNA, provided that should MICHA,EL P. FORTUNA predecease me, I give and bequeath his share unto SETH A. FORTUNA and HOLLY B. FORTUNA, share and share alike. The specific bequests made in this Paragraph 3 are made with the intention that my Fxecutor shall limit the bequests to the amounts contained herein where my spouse dies on or before the thirty-first (31 st) day following my death. In no event shall the beneficiaries named in this paragraph receive duplicate amounts from my estate and my spouse's estate where my spouse dies within thirty-one (31) days from my death. FOURTH: Should MARLENE S. FORTUNA predecease me or die on or before the thirty-first (31 st) day following my death, I give, devise and bequeath all the rest, residue and remainder of my estate of whatever nature and wherever situate, including any property over which I � � 2 hold power of appointment and together with any insurance policies thereon, as follows: (a) Thirty-three and one-third percent (33 1/3 %) thereof unto my son, JON A. FORTUNA of Mechanicsburg, Pennsylvania, provided that should JON A. FORTUNA predecease me, I give and bequeath his share unto my suxviving children as named herein; and (b) Thirty-three and one-third percent (33 1/3 %) thereof unto my son, THOMAS L. FORTUNA, of Mechanicsburg, Pennsylvania, provided that should THOMAS L. FORTUNA predecease me, I give and bequeath his share unto my surviving children as named herein; and (c) Thirty-three and one-third percent (33 1/3 %) thereof unto my son, ROBERT E. FORTUNA, of Randolph, New Jersey, provided that should ROBERT E. FORTUNA predecease me, I give and bequeath his share unto my surviving children as named herein. FIFTH: Tn addition to all powers granted to them by law and by other provisions of this Will, I give the fiduciaries acting hereunder the follow- ing powers, applicable to all property, exercisable without court approval and effective until actual distribution of all property: (A) To sell at public or private sale, or to lease, for any period of time, any real or personal property and to give options for sales, exchanges or leases, for such prices and upon such terms (including credit, with or without t� security) or conditions as are deemed proper. This includes the power to give � 3 legally sufficient instruments for transfer of the property and to receive the proceeds of any disposition. (B) To partition, subdivide, or improve real estate and to enter into agreements concerning the partition, subdivision, improvement, zoning or management of real estate and to impose or e�.tinguish restrictions on real estate. (C) To compromise any claim or controversy and to abandon any property which is of little or no value. (D) To invest in all forms of property, including stocks, common trust funds and mortgage investment funds, without restriction to investments authorized for Pennsylvania fiduciaries, as are deemed proper, without regard to any principle of diversification, risk or productivity. (E) To exercise any option, right or privilege granted in insurance policies or in other investments. (F) To exercise any election or privilege given by the Federal and other tax laws, including, but not necessarily being limited to, personal income, gift and estatE or inheritance tax laws. (G) To make distributions to my herein named beneficiaries in cash or in kind or partly in each. (H) To borrow money from themselves or others in order to pay debts, taxes, or estate or trust administration e�cpenses, to protect or improve any property held under my will, and for investment purposes. � � 4 (I) To select a mode of payment under any qualified retirement plan (pension plan, profit sharing plan, employee stock ownership plan, or any other type of qualified plan) to the extent permitted by the plan or the law. SIXTH: I nominate and appoint MARLENE S. FORTUNA, Executrix, of this, my Last Will and Testament. In the event of the death, resignation or inability to serve for any reason whatsoever of MARLENE S. FORTUNA, I n,ominate and appoint jON A. FORTUNA, Executor, of this my Last Will and Testament. I direct that my F�ecutrix or Executor, as the case may be, shall not be required to post security or a bond for the performance of their duties in any jurisdiction. IN WITNESS WHEREOF, I have hereunto set my hand and seal to this, my Last Will and Testament, this � day of August, 2007. � (SEAL) JOSEPH FORTUNA �C� (SEAL) JOE FORTUNA 5 Signed, sealed, published and declared by the above-named Testator as and for his Last Will and Testament in our presence, who, at his request, in his presence and in the presence of each other, have hereunto subscribed our names as attesting witnesses. 20 ��n C'� ,� ����� ! . � � , 1�1ec4. � Address ��05� Name �. Z � ! '��C�i J'�� ��'��^ y'�''� Address �-7��� Nan�(" '�� 6