HomeMy WebLinkAbout02-23-15 (2) � 1505610143
REV-1500 Ex`°2_„' �
OFFICIAL USE ONLY
PA Department of Revenue pennsylvania co�my coaa Year File Numbar
Bureau of Individual Taxes OEPMi/.FNTKREVENYf
PO Box.28oso� INHERITANCE TAX RETURN 21 14 0 944
Harrisburg,PA t7128-060� RESIDENT DECEDENT
ENTER DECEDENT iNFORMATION BELOW
Social Security Number Date of Death Date of Birth
08 16 2014 06 22 1935
Decedent's Last Name Su�x DecedenYs First Name MI
ZIERDT MARIE A
(If Appiicable)Enter Surviving Spouse's Information Below
Spouse's Last Name Su�x 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
iX� 1. O�ginal Retum �� 2. Supplemental Retum ❑ 3' prior to 12 13e82�Date ot Death
� 4. Limited Estate � qg,Future Inlerest Compromise � 5. Federal Estate Tax Retum Required
(date ol dealh after 12•12-82)
� g. Decedent D�ed 7escata � �. lDAe�fa�e�oP�io��iN&�a Living Trust � 8. Total Number of Safe Deposit Boxes
(Atcach copy ot wuq
� 9. LitigaGon Proceeds Received �j ���bbhvoenPZ��i�����Da�e��t Deatn � 11.Election to tax under Sec.9113(A)
(Attach Schedule O)
CORRESPONDENT-THIS SECTION MUST BE COMPLETED.ALL GORRESPONDENCE AND CONFIOENTIAL TAX INFORMATION SHOULD BE DIRECTED TO:
Name Daytime Telephone Number
JOHN B FOWLER III (717) 243 3341
REGISTER Q�-�IIfILLS US„�j ONLY
� - �.;E
x � r c-�
First Line of Address �, ,� � ' �-'
'.� � ` ,�
10 EAST HIGH STREET '' = "' '
,
., _,.r. C_ N :
Second Line oi Address ��� ` � �
.. , .� �i
:'4DA1`��#ILED� -
City or Post Office SWte ZIP Code - -
�.,�J � C.;1
CARLI SLE PA 17 013 , ,� ,4�>
, � :�
Correspondent's e-mail address: jfowler(�martsoniaw com
t�is tniec�oa��r ct and�mplete�De�cla�rahon ot prepare odther tfian tmhe pe ona�rep�rese�caiive is based on aldl in orerrmiation�of wFiicti preparterf has any knrnr9 edge.�lief,
SIGNATURE ER ON RESPONSIBL�FOR FILING RETURN DATE
� Trac A. Nickeisbur �a- /
A00RESS
30 West Masonic View Avenue Alexandria VA 22301=2418
SI UR F PREP E THAN R ENTATIVE DATE
��� John B. Fowler ill DZ, pG o/
AD ESS
10 East Hi h Street,Carlisle, PA
� Side 1 � �
1505610143 15�561�143
J 150561�143
REV-1500 Ex�o2-») `�' OFFICIAL USE ONLY
PA Department of Revenue pennsylvania County Code Year File Number
Bureau of Individual Taxes DEPARTMENTOFREVENUE
PO BOX.280601 INHERITANCE TAX RETURN 21 14 0944
Harrisburg, PA 17128-0601 RESIDENT DECEDENT
ENTER DECEDENT INFORMATION BELOW
Social Security Number Date of Death Date of Birth
08 16 2014 06 22 1935
Decedent's Last Name Suffix DecedenYs First Name MI
ZIERDT MARIE A
(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 Return � 2. Suppiemental Return � 3. Remainder Return(Date of Death
Priorto 12-13-82)
� 4. Limited Estate � 4a.Fucure interest Compromise � 5. Federal Estate Tax Return Required
(date of death after 12-12-82)
� g Decedent Died Testate � �� (AttacheCo aof Trust)a Living Trust � 8. Total Number of Safe Deposit Boxes
(Attach Copy of WII) PY
� 9. Litigation Proceeds Received � 10.between123rt�Crae dit(Da95�f Death � 11.Election to tax under Sec.9113(A)
� T (Attach Schedule O)
CORRESPONDENT-THIS SECTION MUST BE COMPLETED.ALL CORRESPONDENCE AND CONFIDENTIAL TAX INFORMATION SHOULD BE DIRECTED TO:
Name Daytime Telephone Number
JOHN B FOWLER III (717) 243 3341
REGISTER OF WILLS USE ONLY
First Line of Address
10 EAST HIGH STREET
Second Line of Address
DATE FILED
City or Post Office State ZIP Code
CARLISLE PA 17013
Correspondent's e-mail address: jfowler(camartsonlaw com
Under penalties of perjury,I declare that I have examined this return,inciuding 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.
SIGNATURE OF PERSON RESPONSIBLE FOR FILING RETURN DATE
Tracy A. Nickelsburg
ADDRESS
30 West Masonic View Avenue Alexandria VA 22301-2418
SI A UR F PREPA E THAN RE SENTATIVE DATE
��� John B. Fowler III c�Z. OG o/
AD ESS
10 East Hi h Street, Carlisle, PA
� Side 1 �
1505610143 1505610143
� 1505610243
REV-1500 EX
DecedenYs Social Security Number
Decedent'sName: Zjgr(�t, Marie A.
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. 2 C O , 13� . 3�
6. Jointly Owned Property(Schedule F) ❑ Separate Billing Requested............ 6.
7. Inter-Vivos Transfers&Miscellaneous Nnq Probate Property
(Schedule G) �J Separate Billing Requested............ 7. 1, 0 92 , 813 . 8 7
g. Total Gross Assets(total Lines 1 through 7)........................................................ g. 1 � 352 , 944 . 17
9. Funeral Expenses and Administrative Costs(Schedule H).................................... 9. 2 9, 619 . 00
10. Debts of Decedent,Mortgage Liabilities and Liens(Schedule I)............................ 10. 937 . G6
11. Total Deductions(total Lines 9 and 10)................................................................ ��. 3O , 55 6 . 6 6
12. Net Value of Estate(Line 8 minus Line 11).......................................................... 12. 1 , 322 , 387 . 51
�3. 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. 1 , 322 , 38 7 . 51
TAX COMPUTATION-SEE INSTRUCTIONS FOR APPLICABLE RATES
15. Amount of Line 14 taxable
at the spousal tax rate,or
transfers under Sec.9116 � . 0 0
(a)(1.2)X.00 15.
16. AmountofLine14taxable 1 , 322 ,387 . 51 �6. 59, 507 . 44
at lineal rate X .045
17. Amount of Line 14 taxable � . 0 0
at sibling rate X.12 0 . �0 17.
18. Amount of Line 14 taxable 0 . 0 0
at collateral rate X.15 0 . �� 18.
19. TAX DUE................................................................................................................ 19. 59� 5O7 . 44
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 21-14-0944
Decedent's Complete Address:
DECEDENT'S NAME
Zierdt, Marie A.
STREET ADDRESS
2100 Bent Creek Bivd.
CITY STATE ZIP
Mechanicsburg PA 17050
Tax Payments and Credits:
1. Tax Due(Page 2, Line 19) (1) 59,507.44
2. Credits/Payments
A. Prior Payments 50,000.00
B. Discount 2,631.58
Total Credits(A +g) (2) 52,631.58
3. Interest �3�
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 a refund
5. If Line 1 +Line 3 is greater than Line 2,enter the difference. This is the TAX DUE. (5) 6,$7rj.$6
Make Check Payable to REGISTER OF WILLS, AGENT
�. -.: �� a/ :_ ��""U%%y�� :7'�,� ' � i�� �.;✓�,� `�ii /z . L r .:'"��%,��', ���.
3"�,»'!r��,�s,,,, �, . �w�, ,�:,�,. �: �.a. „ �, , �a�E�� 4�,,,, ��i'�a,/,,, . .. .S`�'��t<. ,_��+..,. ;��aw:.<.:
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:.................................. ❑ ❑x
c. retain a reversionary interest;or................................................................. .............................................
, x
d. receive the promise for life of either payments,benefits or care?............................................................ ❑ ❑X
2. If death occurred after Dec. 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?....... 0 ❑
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.
��. t..e.� �. �^��� ... . ., ,, ,., �„ '"y . . �,, �" �_,,.,. � ��`,rat,_. �,,,,, �
-� F '� , /� ;�v?.�.. �': r �i3..: '�����' ��',�-�. t ??�..�in
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 decedenYs lineal beneficiaries is 4.5 percent,except as noted in[72 P.S.§9116(a)(1)].
. The tax rate imposed on the net value of transfers to or for the use of the decedenYs siblings is 12 percent[72 P.S.§9116(a)(1.3)]. 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.
Rev-1508 EX+(11-10)
SCHEDULE E
pennsylvania CASH, BANK DEPOSITS, & MISC.
DEPARTMENT OFREVENUE
INHERITANCE TAX RETURN PERSONAL PROPERTY
RESIDENT DECEDENT
ESTATE OF FILE NUMBER
Zierdt, Marie A. 21-14-0944
Include the proceeds of litigation and the date the proceeds were received by the estate.
All property jointly-ownedwith the right of survivorship must be disclosed on schedule F.
ITEM VALUE AT DATE
NUMBER DESCRIPTION OF DEATH
1 M&T Bank checking 9850787236 68,503.77
Accrued interest on Item 1 through date of death 0.36
2 M&T Bank savings 15004200064216 115,977.06
Accrued interest on Item 2 through date of death 6.10
3 PNC checking 5140194532 5,275.79
Accrued income on Item 3 through date of death 0.03
4 PNC savings 5001031821 56,423.51
Accrued interest on Item 4 through date of death 1.67
5 Bank of American-Refund 160.02
6 Genworth Financial -Refund of Long Term Care Insurance 12,675.22
7 Highmark-Refund of premium 1,082.93
8 Tri-City Emergency Medical Group-Refund 23.84
TOTAL(Also enter on Line 5, Recapitulation) 260,130.30
(If more space is needed,additional pages of the same size)
Copyright(c)2010 form software only The Lackner Group,Inc. Form PA-1500 Schedule E(Rev. 11-10)
Rev-1510 EX+�OS-09)
SCHEDULE G
pennsylvania lNTER-VIVOS TRANSFERS AND
DEPARTMENT OFREVENUE
INHERITANCETAXRETURN MISC. NON-PROBATE PROPERTY
RESIDENT DECEDENT
ESTATE OF FILE NUMBER
Zierdt, Marie A. 21-14-0944
This schedule must be completed and filed if the answer to any of questions 1 through 4 on page three of the REV-1500 is yes.
ITEM DESCRIPTION OF PROPERTY DATE OF DEATH �OF DECD'S EXCLUSION TAXABLE
NUMBER THE DATE OF TRANSER.SATTACN A CO Y OF THE DEIED OR REAL ESTAT�E. VALUE OF ASSET INTEREST (IF APPLICABLE) VALUE
1 Amerprise Account 00074650393-Custodian for Marie 260,672.52 100.000% 260,672.52
A.Zierdt IRA; Beneficiaries:Joann M. Becvar,
daughter, 33.3%; Tracy A. Nickelsburg,daughter,
33.3%;Craig D.Zierdt,son, 33.3%
2 Amerprise Account 99250158393-Annuity; 541,913.94 100.000% 541,913.94
Beneficiaries:Joann M. Becvar, daughter,33.3%;
Tracy A. Nickelsburg, daughter, 33.3%; Craig D.
Zierdt,son, 33.3%
3 Amerprise Trust Company Account 0002288333- 364.09 100.000% 364.09
Custodian for Marie A.Zierdt IRA; Beneficiaries:
Joann M. Becvar,daughter, 33.3%;Tracy A.
Nickelsburg, daughter,33.3%; Craig D.Zierdt,son,
33.3%
4 Amerprise Account 00077249221 -Marie A.Zierdt, 289,863.32 100.000% 289,863.32
TOD; Beneficiaries: Joann M. Becvar,daughter,
33.3%; Tracy A. Nickelsburg, daughter, 33.3%; Craig
D.Zierdt,son, 33.3%
TOTAL(Also enter on Line 7, Recapitulation) 1,092,813.87
(If more space is needed,additional pages of the same size)
Copyright(c)2009 form software only The Lackner Group, Inc. Form PA-1500 Schedule G(Rev.08-09)
REV-1511 EX+(�0-09)
pennsyivania SCHEDULE H
DEPARTMENTOFREVENUE FUNERAL EXPENSES AND
INHERITANCETAXRETURN ADMINISTRATIVE COSTS
RESIDENT DECEDENT
ESTATE OF FILE NUMBER
Zierdt, Marie A. 21-14-0944
Decedent's debts must be reported on Schedule I.
ITEM DESCRIPTION AMOUNT
q, FUNERAL EXPENSES:
See continuation schedule(s) attached 5,498.50
B, ADMINISTRATIVE COSTS:
1. Personal Representative's Commissions
Name of Personal Representative(s)
Street Address
City State Zio
Year(s)Commission Paid
Z, Attorney's Fees 21,700.00
See continuation schedule(s) attached
3. Family Exemption: (If decedenYs address is not the same as claimanYs,attach explanation)
Claimant
Street Address
City State Zio
Relationshin of Claimant to Decedent
4. Probate Fees 420.50
See continuation schedule(s)attached
5. AccountanYs Fees
6. Tax Return Preparer's Fees
7. Other Administrative Costs 2,000.00
See continuation schedule(s) attached
TOTAL(Also enter on line 9, Recapitulation) 29,619.00
Copyright(c)2009 form software only The Lackner Group, Inc. Form PA-1500 Schedule H(Rev. 10-09)
SCHEDULE H
FUNERAL EXPENSES AND ADMINISTRATIVE COSTS
continued
ESTATE OF FILE NUMBER
Zierdt, Marie A. 21-14-0944
ITEM AMOUNT
NUMBER DESCRIPTION
Funeral Ex eq nses
1 Funeral -California Alternatives 1,398.50
2 Jennifer McKenna-Officiating pastor,funeral service honorarium 100.00
3 Second Presbyterian Church-Funeral services and Memorial Garden Honorarium 1,000.00
4 Travel Expense-For daughter and son from California and Colorado to plan and attend 3,000.00
memorial services
H-A 5,498.50
Attorney Fees
5 Martson Law Offices-Estimated Attorneys'fees 21,700.00
H_g2 21,700.00
Probate Fees
6 Cumberland County Register of Wills -Probate Fee 370.50
7 Register of Wills-Additional probate fee 50.00
H-64 420.50
Other Administrative Costs
8 The Elizabeth Hospice-Honorarium 1,000.00
9 Tracy A. Nickelsburg-Reimbursement for mileage, postage and miscellaneous 1,000.00
administration expenses
Copyright(c)2002 form software only The Lackner Group, Inc. Form PA-1500 Schedule H(Rev.6-98)
SCHEDULE H
FUNERAL EXPENSES AND ADMINISTRATIVE COSTS
continued
ESTATE OF FILE NUMBER
Zierdt, Marie A. 21-14-0944
ITEM
NUMBER DESCRIPTION AMOUNT
H-B7 2,000.00
Copyright(c)2002 form software only The Lackner Group, Inc. Form PA-1500 Schedule H(Rev.6-98)
Rev-1512 EX+(12-08)
SCHEDULE 1
pennsylvania DEBTS OF DECEDENT,
OEPARTMENT OF REVENUE
INHERITANCETAXRETURN MORTGAGE LIABILITIES AND LIENS
RESIDENT DECEDENT
ESTATE OF FILE NUMBER
Zierdt, Marie A. 21-14-0944
Report debts incurred by the decedent prior to death that remained unpaid atthe date of death,including unreimbursed medical expenses.
ITEM VALUE AT DATE
NUMBER DESCRIPTION OF DEATH
1 Bank of America-Credit card balance due 440.66
2 PNC checking 5140194532-Outstanding check on date of death 333.85
3 Verizon Wireless-Account payable 163.15
TOTAL(Also enter on Line 10, Recapitulation) 937.66
(If more space is needed,additional pages of the same size)
Copyright(c)2008 form software only The Lackner Group, Inc. Form PA-1500 Schedule I(Rev. 12-08)
REV-7513 EX+(01-10)
pennsylvania SCHEDULE J
DEPARTMENT OF REVENUE
INHERITANCE TAX RETURN BEN EFICIARI ES
RESIDENT DECEDENT
ESTATE OF FILE NUMBER
Zierdt, Marie A. 21-14-0944
NAME AND ADDRESS OF RELATIONSHIP TO SHARE OF ESTATE AMOUNT OF ESTATE
NUMBER PERSON(Sl RECEIVING PROPERTY DECEDENT (Words) ($$$)
I� TAXABLE DISTRIBUTIONS [include outright spousal
distributions,and transfers
under Sec.9116 a 1.2
7 Joann M. Becvar Daughter 440,795.84
29117 Lilac Road
Valley Center,CA 92082
2 Tracy A. Nickelsburg Daughter 440,795.84
303 West Masonic View Ave.
Alexandria,VA 22301
3 Craig D.Zierdt Son 440,795.83
2140 Beacham Drive
Castle Rock,CO 80104
Total 1,322,387.51
Enter dollar amounts for distributions shown above on lines 15 throu h 18 on Rev 1500 cover sheet,as a ro riate.
NON-TAXABLE DISTRIBUTIONS:
II. 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
Copyright(c)2010 form software only The Lackner Group,inc. Form PA-1500 Schedule J(Rev.01-10)
LAST WILL AND TESTAMENT OF
MARIE A. ZIERDT
I, Marie A. Zierdt, of the Borough of Carlisle, Cumberland
County, Pennsylvania, declare this to be my Last Will and
Testament and revoke all Wills and Codicils previously made
by me.
ITEM I: I direct that all my legally enforceable debts and
funeral expenses, including all expenses of my last illness,
shall be paid from my residuary estate as soon as practicable
after my decease as a part of the expense of the administration
of my estate.
ITEM II: I bequeath any automobiles or motor vehicles I may
own at my death, my personal effects, such household goods if any
as may be my individual property and not the property of my
husband or owned jointly by me with him, and other tangible
personal property of like nature (not including cash or
securities) , together with any existing insurance thereon, to my
husband, David K. Zierdt, providing he survives me by thirty (30)
days. Should my said husband predecease me or die on or before
the thirtieth day following my death, I bequeath such tangible
personal property and insurance thereon to such of my children as
are living on the �Yiirty-first day after my death, to be divided
among them with due regard for their personal preferences in as
nearly equal shares as practical. I direct that any of the
foregoing articles not selected by such children shall be sold at
public or private sale by my personal representative(s) , and I
further direct that the net proceeds thereof shall be
administered and distributed as a part of the residue of my
estate.
---� ,
—7�j'7_ � r c t/ r ��'r'f
ITEM III: If my said husband survives me (and for the
purpose of this Item III, I direct that my said husband shall be
presumed to have survived me unless it appears unmistakably that
he predeceased me) , and if the Federal Estate tax falling due
because of my death will be reduced by making this gift for his
benefit, I devise and bequeath to my said husband, absolutely,
the least amount of assets in my estate that qualify for the
marital deduction as will be sufficient to reduce the Federal
Estate tax to the lowest possible figure after taking into
account the unified credit and all other credits and deductions
available to my estate for Federal Estate tax� purposes.
Accordingly, I direct:
A. If the marital deduction, or any similar benefit
available under the Federal Estate tax law in effect when I die,
is allowable with respect to any property, including property
held by the entireties, which my said husband has received prior
to my death or at my death will receive otherwise than pursuant
to this Item III, the value of such property shall be taken into
consideration in calculating the size of the gift under this
Item III.
B. No assets nor proceeds of any asset ineligible for
the marital deduction, or any similar benefit, and no assets nor
proceeds of any asset with respect to which any tax credit or
deduction shall be available because it shall be subject to both
Federal Estate and Federal Income taxes (except to the extent
that such allocation is necessary to reduce Federal Estate taxes
in my estate) shall be allocated to the gift under this Item III.
C. Cash, securities and other property, including real
estate and interests therein, may be allocated to the gift under
this Item III.
� �- �—� `
��� '
t
D. Any property included in my estate at the time of
my death and allocated in kind under this Item III shall be
valued for that purpose at the value thereof as finally
determined for Federal Estate tax purposes; provided further,
that the aggregate fair market value of such property, including
cash, on the date or dates of allocation to the gift under this
Item III, plus the value as finally determined for Federal Estate
tax purposes of all other property qualifying for the marital
deduction, shall amount to no less than the value of the marital
deduction as finally determined for Federal Estate tax purposes.
E. If any provision of my last Will shall result in
depriving my estate of the marital deduction for Federal Estate
tax purposes, such provision is hereby revoked, and my last Will
shall be read as if any portion thereof inconsistent with the
allowance of the marital deduction for Federal Estate tax
purposes is null and void.
ITEM IV: I devise and bequeath the residue of my estate of
every nature and wherever situate to my Trustee hereinafter
named, IN TRUST, for the following uses and purposes and subject
to the following terms, conditions and provisions:
A. My Trustee shall pay all of the income therefrom to
my said husband during his lifetime in such periodic installments
as he and my Trustee shall find convenient, but not less
frequently than quarter-annually.
B. My Trustee shall be fully authorized and shall have
the sole discretion during the lifetime of my said husband to pay
to him or to expend for his benefit so much of the principal of
this Trust as my Trustee shall deem necessary or advisable from
time to time for the support, health and medical care,
maintenance in reasonable comfort and general welfare of my said
husband, taking into consideration all other income and other
resources, including entitlement to Federal and State public
�� � �-� --� � ,��
,t� � ��
, �,
assistance benefits, available to him for such purposes from all
sources known to my Trustee.
C. In addition to the above provisions, my said
husband shall have the power to direct my Trustee to pay to him
or to apply out of the principal of this Trust in each year,
including the year of my death, an amount not in excess of the
greater of Five Thousand ($5, 000. 00) Dollars or five (5�) percent
of the then aggregate value of the principal of this Trust. This
power shall be noncumulative and may be exercised only by an
instrument in writing signed by him and delivered to my Trustee.
D. In addition, my Trustee shall be fully authorized
and shall have the sole discretion during the lifetime of my said
husband and with his written consent, unless he shall be
incapable of giving such consent, to pay to my children, or to
expend directly for their benefit, so much of the principal of
this Trust as my Trustee shall deem necessary or desirable from
time to time for their support, health and medical care,
education, maintenance in reasonable comfort and general welfare,
taking into consideration the size and nature of this Trust and
all other income and other resources, including entitlement to
Federal and State public assistance benefits, available to the
child or children for whom any such payment or expenditure may be
made for such purposes from all sources known to my Trustee. Any
such expenditure for the benefit of any of my children shall not
be treated as an advancement and shall not diminish the
proportionate share or shares of this Trust to which such child
or children may eventually become entitled.
E. Upon the death of my said husband or upon my death
if he predeceases me, this Trust shall terminate, and the then
remaining principal and any accrued or undistributed income
��-, �-� -
�y�.� �r F �� � �r- --%�%� -
therefrom shall be paid over, conveyed and distributed,
discharged of the trust, in equal shares to my children, provided
that the share of any child who shall not be then living shall be
distributed to his or her then living issue, per stirpes, and in
default of any such then living issue, such share shall be added
to the share or shares for my other children, or their then
living issue, per stirpes.
F. Should any person entitled to a share of my estate
not have attained the aqe of twenty-one (21) years at the time of
distribution to him or her, the share of each such person shall
be retained by my Trustee, IN SEPARATE TRUST, to hold, manage,
invest and reinvest the share so retained and the accumulation of
income thereon, and to use and apply the income and principal or
so much thereof as, in the sole discretion of my Trustee, may be
necessary or appropriate for such beneficiary's support, health
and medical care, education (including college education) ,
maintenance in reasonable comfort and general welfare until each
such beneficiary, in turn, attains the age of twenty-one (21)
years, at which time the then remaining balance of the principal
and accumulated income of each such beneficiary's share shall be
paid over, transferred, conveyed and distributed to him or to
her, discharged of the trust. If such beneficiary dies before
attaining the age of twenty-one (21) years, such share shall be
distributed to his or her personal representative(s) or estate,
discharged of the trust.
G. If upon the happening of some event during the
continuation of any of the trusts held hereunder, my Trustee
shall hold some portion of this Trust which is not effectively
disposed of under the foregoing dispositive provisions, then my
Trustee shall distribute such portion, discharged of the trust,
to MMI Prep School, of 154 Centre Street, P.O. Box 89 , Freeland,
Pennsylvania 18224 .
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ITEM V: The following provisions shall apply to the
Residuary Trust created under Item IV hereof and to each share
thereof:
A. In case the income or any discretionary payments of
principal become payable to a minor, or to a person under legal
disability or to a person not adjudicated incompetent, but who,
by reason of illness or mental or physical disability, is in the
opinion of my Trustee unable properly to administer such amounts,
then such amounts shall be paid out by my Trustee in such of the
following ways as my Trustee shall deem best:
(1) Directly to such beneficiary;
(2) To the legally appointed guardian or trustee
of such beneficiary;
(3) To some relative or friend for the support,
health and medical care, education,
maintenance in reasonable comfort and
general welfare of such beneficiary; or
(4) By my Trustee, using such amounts directly
for such beneficiary's support, health and
medical care, education, maintenance in
in reasonable comfort and general welfare.
B. No beneficial interest under the Residuary Trust,
whether in income or principal, shall be subject to anticipation,
assignment, pledge, sale or transfer in any manner, nor shall any
beneficiary have the power to anticipate, encumber or charge such
interest, nor shall such interest, while in the possession of my
Trustee, be liable for or subject to the debts, contracts,
obligations, liabilities or torts of any beneficiary.
C. Any income, accrued or undistributed at the
termination of any estate or interest, shall be paid by my
Trustee as income to the persons entitled to the next successive
interest in the same proportions in which they take such
interest.
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D. For convenience of administration and investment,
my Trustee is authorized to hold the several shares of the
Residuary Trust as a common fund, dividing the income
proportionately among them, to assign undivided interests to the
several shares thereof, and to make joint investments of the
funds belonging to my Trustee. For such purposes and insofar as
may be practicable, my Trustee may consolidate the Residuary
Trust, or any separate share thereof, with any other trust or
trusts created by me or any member of my family by will or
agreement, and may hold, administer and invest the several trusts
as one or more common fund or funds and make joint or several
distributions of income and principal therefrom, whichever my
Trustee shall deem advisable.
E. My Trustee shall have the power, but not the duty,
to make such expenditures out of the assets of the Residuary
Trust as it, in its uncontrolled discretion, may consider
desirable in order to facilitate the settlement of my estate;
provided that in no event shall any payment be made for or on
account of any increase in Federal Estate tax resulting from
excess retirement accumulation under Section 4981A(d) of the
Internal Revenue Code. In exercising such power, my Trustee may
pay, in whole or in part, any or all taxes and administration
expenses in connection with the settlement of my estate,
including but not limited to the death taxes on any or all
property included in my gross estate for tax purposes, except as
herein otherwise provided. Any such items may be paid directly
by my Trustee or the funds for their payment may be transferred
by my Trustee to my personal representative(s) ; and neither my
personal representative(s) nor any beneficiary of my estate shall
be required to reimburse my Trustee for any funds so paid or
transf erred.
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ITEM VI: Al1 Federal, State and other death taxes payable
because of my death with respect to the property forminq my gross
estate for tax purposes, whether passing under this Will or
otherwise, including any interest or penalty imposed in
connection with such taxes, but not including any increase in
Federal Estate tax resulting from excess retirement accumulation
under Section 4981A(d) of the Internal Revenue Code, shall be
considered a part of the expense of the administration of my
estate and shall be paid out of the principal of my residuary
estate under Item IV hereot without apportionment or right of
reimbursement; provided that the funding of all or such portion
of the marital deduction gift under Item III hereof as my estate
shall be inadequate to fund may be paid from the assets of my
residuary estate under Item IV hereof without deduction for any
death taxes; and provided further, that any or all taxes and
administration expenses in connection with the settlement of my
estate may be paid from the assets of the Residuary Trust created
under Item IV hereof as provided in Item V(E) hereof. I direct
that any increase in Federal Estate tax resulting from the
application of Section 4981A(d) of the Internal Revenue Code
shall be paid by the recipient(s) of such distribution(s) .
ITEM VII: All fiduciaries acting under this Will, whether
or not named herein, shall have the following powers in addition
to those vested in them by the common law, by statute or by the
other provisions hereof, all of cahich shall be exercised in a
fiduciary capacity, primarily in the interests of the
beneficiaries, applicable to all property, including property
held for minors, whether principal or income, exercisable without
court approval and effective until actual distribution of all
property:
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A. To retain and to hold any securities or other
property, real, personal or mixed, including stock of my Trustee
or an affiliate, received from my estate without regard to any
principle of diversification or risk.
B. To invest and reinvest in all forms of property,
including stocks, bonds, funds and other securities, whether
operated by my Trustee, an affiliate or others, without
restriction to investments authorized for Pennsylvania
fiduciaries, as they shall deem proper without regard to any
principle of diversification or risk.
C. To sell at public or private sale, to exchange, 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 and conditions as they shall deem
proper.
D. To hold property in the name of the Residuary Trust
created hereunder, or in the name of my Trustee without
designation of any fiduciary capacity, or in the name of a
nominee, or unregistered.
E. To allocate receipts and expenses to principal or
income, or partly to each, as they from time to time, in their
sole discretion, shall think proper.
F. To vote in person or by proxy all securities, and
to become a party to any stockholders' agreements deemed
advisable by them in connection with such securities.
G. To borrow money from any person or institution,
including my Trustee or an affiliate, upon their bond or
promissory note, and to secure the repayment thereof by
mortgaging, creating a security interest in, pledging or
otherwise encumbering any or all real or personal property as
they, in their sole discretion, shall choose without regard to
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the dispositive provisions of this Will; except that no property
allocated to the marital deduction gift under Item III hereof
shall be so mortgaged, pledged or encumbered.
H. To make any divisions or distributions required
hereunder, wholly or in part, in kind or in cash, and to make
non-prorata distributions of assets in kind.
I. To exercise any election or privilege given by the
Federal tax and other tax laws, including without limiting the
foregoing, the joinder with my said husband in filing income tax
returns, the election of the alternate valuation for Federal
Estate tax purposes, the election to claim items of deduction for
estate tax or for income tax purposes, and to make or not to make
equitable adjustments or apportionments for the exercise or
nonexercise of any such election or privilege.
J. Only after the death of my said husband and should
the principal of the Residuary Trust created hereunder be or
become too small so as to make establishment or continuance
thereof inadvisable, my Trustee, in its sole discretion, may make
immediate distribution of the then remaining balance of the
principal and accumulated income of any beneficiary's share to
the legally appointed trustee of such beneficiary under
Item V(A) (2) hereof, or may appoint and pay such share to a
custodian for such beneficiary under the Uniform Gifts to Minors
Act of any state, without further obligation or responsibility
for such distribution so paid. Upon such termination, the rights
of all persons who might otherwise have a successive interest
therein shall cease.
K. To compromise any claim or controversy.
ITEM VIII: I appoint Farmers Trust Company, of Carlisle,
Pennsylvania, Trustee of the Residuary Trust created under
Item IV hereof. A successor corporate banking trustee may be
appointed by my said husband as he, in his sole discretion, shall
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deem necessary or advisable, and after his death by a majority of
my then living children as they, in their sole discretion, shall
deem necessary or advisable, and after their death by any court
having jurisdiction over said Trust. Any successor trustee thus
appointed, or if my Trustee shall merge with or be consolidated
with another corporate fiduciary, such corporate fiduciary shall
succeed to all the duties and all the powers, including
discretionary powers, herein granted to my Trustee. My Trustee,
including its successors, shall be entitled to compensation for
the performance of its services hereunder in accordance with its
standard schedule of fees in effect from time to time during the
period over which its services are performed. I direct that the
situs of said Trust for administrative and accounting purposes
shall be Cumberland County, Pennsylvania, and all questions
concerning the validity, construction and administration of said
Trust shall be determined under the laws of the Commonwealth of
Pennsylvania.
ITEM I%: I appoint my said husband Executor of this my last
Will. Should my said husband fail to gualify or cease to act as
Executor, I appoint my three children, or the survivor(s) ,
Executor(s) of this my last Will. Should all three of my
children fail to qualify or cease to act as Executor(s) , I
appoint Farmers Trust Company, of Carlisle, Pennsylvania,
Executor of this my last Will.
ITEM X: I direct that all fiduciaries acting under this
Will, whether or not named herein, shall not be required to give
bond for the faithful performance of their duties in any
jurisdiction.
IN WITNESS WHEREOF, I have hereunto set my hand and seal,
this J� C�day of May, 1994.
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The preceding instrument, consisting of eleven (11)
typewritten pages, each identified by the signature of the
Testatrix, was on the date thereof, signed, published and
declared by Marie A. Zierdt, the Testatrix therein named, as and
for her last Will, in the presence of us, who, at her request, in
her presence and in the presence of each other, have subscribed
our names as witnesses hereto.
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COMMONWEALTH OF PENNSYLVANIA .
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COUNTY OF CUMBERLAND .
We, Marie A. Zierdt, John B. Fowler, III, and Mary M. Price,
the Testatrix and the witnesses, respectively, whose names are
signed to the foregoing instrument, being first duly sworn, do
hereby declare to the undersigned authority that the Testatrix
signed and executed the instrument as her last Will and that she
has signed willingly, and that she executed it as her free and
voluntary act for the purposes therein expressed, and that each
of the witnesses, in the presence and hearing of the Testatrix,
signed the Will as witness and that to the best of his/her
knowledge the Testatrix was at that time eighteen years of age or
older, of sound mind and under no constraint or undue influence.
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Subscribed, sworn to and acknowledged before me by
Marie A. Zierdt, the Testatrix, and subscribed and sworn to
before me by John B. Fowler, III, and Mary M. Price, witnesses,
this I6� day of May, 1994.
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499 Mitchell Road,Millsboro,DE 19966 Records Management
Phone 888-502-4349
F� (302)934-2955
October 29,2014
Martson Law Offices
10 East High Street
Carlisle,PA 17013
Re: Estate of Marie A. Zierdt
Socia}Secu;itv: l 62-32-246?
Date of Death: Au�ust 16, 2014
Dear Sir or Madam:
Per your inquiry on October 22, 2014, please be advised that at the time of death, the above-named decedent
had on deposit with this bank the following:
1. Type of Account Checking Account
Account Number 9850787236
Ownership(Names ofJ Tracy A.Nicelshurg(POA)
Marie A.Zierdt
Opening Date 08/3�/2010
Balance on Date of Death $ 68,503.77
Accrued Interest $ •3�
_ _ . __ _ ___ . ___.
Total $6$504.13
2. Type oj Account Savings Account
Account Number 15004200064216
Ownership(Names of} Ti•acy A.Nicelsburg(PDA)
Marie A.Zierdt
Opening Date 12/29/1994
Balance on Date of Death $ I 15,977.06
Accrued Interest $ 6.10
_..
___
__......._.....
Total $ I 15,983.16
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Ivlartson T.aw Offices
10 East�igh Stxeet
Carlisle PA 17013
�: Marie A Zierdt
S SN: 162-32-2467
17017: 08-16-2014
Dear Szr/Madam:
Yn response to your request�or Date of Death(DOI7)balances for the customer noted above, our
records show the following:
C�ecking Accoun#
Accaunt#514p194532 Established: 07-01-1967
MATtTE A Z�RDT
DOD balance: $ 5,275.79+0.03 accrued interest
Tnterest paid 01-01-2014 thru 08-16-201� $ 0.34 YTD
Sa�vings Account
Account# 5001031821 �stablished: 07-19-1996
MARIE A ZIERDT
AOD balance: $ 56,423.51 + 1.67 accrued interest
Interest paid Ol-01-2014 thru 08-16-2014$ 16.38 YTD
1'lease note thax this office pro'vide5 date of deatlt balances for deposit accounts(rRAs,CDs,Checking and
Sa�vings). We do nat process any financial transactions or pro�ide stsitements. If you ne0d assistance�vvith
at�y ofthese items,please ca111-888-PNC-BANK(1-888-762-2265)or stop by your 1oca1�'NC Hank bra�ck�
office.
Sincerely,
I�ational�inancial Services Center
PNC Eank,N.A.
Member�'AIC
page 1 of 2
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Ameriprlse �
Finc�ncial
Account Summary for the Estate Settlement of Marie A Zierdt, Client ID 21394372
1)Type of investment: Ameriprise Brokerage/Ameriprise ONE Account
Product Name: Ameriprise Brokerage Account
Total Account Value(as of Date of Death): $364.09
Account Number: 00022883333 133
Account Registration: Ameriprise Trust Company C/O Marie A Zierdt As Custd For The Marie A Zierdt ira
Beneficiary Designation:
PRIMARY BENEFICIARY
LIVING, LAWFUL CHILDREN IN EQUAL SHARES 100.00%
IF A CHILD IS DECEASED, HIS OR HER SHARE TO BE PAID TO HIS OR HER
LIVING, LAWFUL CHILDREN IN E�UAL SHARES
How the account(s)proceeds will be settled:
We will transfer assets in this account to an account for the beneficiary(ies).
Important Details about this account:
This account holds positions held outside of Ameriprise.You must contact the carrier directly for settlement of these positions.
2)Type of investment: Active Portfolio
Product Name:Active Portfolio
Total Account Value(as of Date of Death):$260,672.52
Account Number:00074650393 133
Account Registration:Ameriprise Trust Company C/O Marie A Zierdt As Custd For The Marie A Zierdt Ira
Beneficiary Designation:
PRIMARY BENEFICIARY
LIVING, LAWFUL CHILDREN IN E(]UAL SHARES 100.00%
IF A CHILD IS DECEASED, HIS OR HER SHARE TO BE PAID TO HIS OR HER
LIVING, LAWFUL CHILDREN IN EC�UAL SHARES
How the account(s)proceeds wili be settled:
We will transfer assets in this account to an account for the beneficiary(ies).
Important Detaits about this account:
N/A
3)Type of investment:Active Portfolio
Product Name: Active Portfolio
Total Account Value(as of Date of Death):$289,863.32
Account Number:00077249221 133
Account Registration: Marie A Zierdt Tod
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Beneficiary Designation:
PRIMARY BENEFICIARY
LIVING, LAWFUL CHILDREN IN EClUAL SHARES 100.00%
IF A CHILD IS DECEASED, HIS OR HER SHARE TO BE PAID TO HIS OR HER
LIVING,LAWFUL CHILDREN IN EQUAL SHARES
How the account(s)proceeds will be settled:
We wiil transfer assets in this account to an account for the beneficiary(ies).
Important Details about this account:
N/A
4)Type of investment: Others
Product Name:Annuity Held In Brokerage
Total Account Value(as of Date of Death):$541,913.94
Account Number: 99250158393
Account Registration: Marie Zierdt
Beneficiary Designation:
LAWFUL CHILDREN WITH RIGHTS OF SURVIVORSHIP PER STIRPES
Bene Percentage100%
How the account(s)proceeds will be settled:
We wili distribute proceeds to the beneficiary.
Important Details about this account:
N/A
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