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HomeMy WebLinkAbout04-02-15 pennsylvania 1505618148 DEPARTMENT OF REVENUE EX(03-14) REV-1500 OFFICIAL USE ONLY Bureau of Individual Taxes County Code Year File Number PO Box 280601 INHERITANCE TAX RETURN �l Harrisburg,PA 17128-0601 RESIDENT DECEDENT ENTER DECEDENT INFORMATION BELOW Social Security Number Date of Death MMDDYYYY Date of Birth MMDDYYYY 02072015 08181942 Decedent's Last Name Suffix Decedent's First Name MI SMITH DESALES M (If Applicable)Enter Surviving Spouse's Information Below Spouse's Last Name Suffix Spouse's First Name MI SMITH PATRICIA J THIS RETURN MUST BE FILED IN DUPLICATE WITH THE REGISTER OF WILLS FILL IN APPROPRIATE BOXES BELOW 0 1. Original Return Q 2. Supplemental Return Q 3. Remainder Return(date of death prior to 12-13-82) Q 4. Agriculture Exemption(date of Q 5. Future Interest Compromise(date of Q 6. Federal Estate Tax Return Required death on or after 7-1-2012) death after 12-12-82) Q 7. Decedent Died Testate Q 8. Decedent Maintained a Living Trust 9. Total Number of Safe Deposit Boxes (Attach copy of will) (Attach copy of trust.) Q 10. Litigation Proceeds Received Q 11. Non-Probate Transferee Return Q 12. Deferral/Election of Spousal Trusts (Schedule F and G Assets Only) Q 13. Business Assets 14. Spouse is Sole Beneficiary (No trust involved) CORRESPONDENT—THIS SECTION MUST BE COMPLETED.ALL CORRESPONDENCE AND CONFIDENTIAL TAX INFORMATION SHOULD BE DIRECTED TO: Name Daytime Telephone Number ROBERT G . FREY 717-243-5838 First Line of Address 5 SOUTH HANOVER STREET Second Line of Address City or Post Office State ZIP Code CARLISLE PA 17013 C=.> Correspondent's email address: R F R E Y aI F R E Y T I L E Y . COM o --Dn � REGIVkRTOF(,RLLS USE ON �•Tr , REGISTER OF WILLS USE ONLY � � � N DATE FILED MMODYYYY L 7 Q C7.)' O 0kTE FILED STAT" PLEASE USE ORIGINAL FORM ONLY Side 1 1505618148 1505618148 j 1505618155 REV-1500 EX Decedent's Social Security Number Decedent's Name: DESALES M SMITH RECAPITULATION 1. Real Estate(Schedule A). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1. 0 . 00 2. Stocks and Bonds(Schedule B). . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . ... . . . . . 2. 0 . 00 3. Closely Held Corporation, Partnership or Sole-Proprietorship(Schedule C). . . . . . . 3. 0. 00 4. Mortgages and Notes Receivable(Schedule D). . . . .. . . . . . . . . . . . . . . . . . . . . . . 4. 0..00 5. Cash, Bank Deposits and Miscellaneous Personal Property(Schedule E). . . . . . . . 5. 1668 . 75 6. Jointly Owned Property(Schedule F) =Separate Billing Requested. . . . . . . . 6. 0 .00 7. Inter-Vivos Transfers&Miscellaneous Non-Probate Property (Schedule G) =Separate Billing Requested. . . . . . . . 7. 0 . 010 8. Total Gross Assets(total Lines 1 through 7). . . . . . . . . .. . . . . . . . . . . . . . . . . . . . 8. 1668 . 75 9. Funeral Expenses and Administrative Costs(Schedule H). . . . .. . . . . . . . . . . . . . . 9, 4390 . 50 10. Debts of Decedent,Mortgage Liabilities and Liens(Schedule 1). . . . . . . .. . . . . . . . 10. 0 . 00 11. Total Deductions(total Lines 9 and 10). . .. . . . . . . . . . . . . . . . . .. . . . . . . .. . . . .11. 4390 . 50 12. Net Value of Estate(Line 8 minus Line 11). . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . 12. -2721 . 75 13. Charitable and Governmental Bequests/Sec 9113 Trusts for which an election to tax has not been made(Schedule J). . . . . . . . . . . . . . . . . . . . . . . . . .13. 0 . 110 14. Net Value Subject to Tax(Line 12 minus Line 13) . . . . . . . . . . . .. . . . . . . . . . . . . 14. -2721. 7 5 TAX CALCULATION-SEE INSTRUCTIONS FOR APPLICABLE RATES 15. Amount of Line 14 taxable at the spousal tax rate,or transfers under Sec.9116 (a)(1.2)X.0 0 15. 0. 00 16.Amount of Line 14 taxable at lineal rate X.0 45 16. 0. 110 17. Amount of Line 14 taxable at sibling rate X . 12 17. 0. 00 18. Amount of Line 14 taxable at collateral rate X . 15 18. 0. 00 19. TAX DUE. . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . 19. 0 . 00 20. FILL IN THE BOX IF YOU ARE REQUESTING A REFUND OF AN OVERPAYMENT Under penalties of perjury,I declare 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 person responsible for filing the return is based on all information of which preparer has any knowledge. SIGNAT E OF PERSON RESPONSIBLE FILING ETURN ' / DATE ADDRESS 4 PLEASANI VIEW DRIVE ECHANICSBURG PA 17050 SIGN AT OF PR AR R T N PER E ONSIBLE FOR FILING THE RETURN ATE ADD ESS 5 SOUTH HANOVER STREET C LISLE PA 17013 111111111111111111111111111111111111111 Jill Side 2 L 1505618155 1505618155 J REV-1500 EX Page 3 File Number 195-32-1640 Decedent's Complete Address: 21-15-0259 DECEDENT'S NAME DESALES M SMITH STREETADDRESS CITY STATE 717050 P MECHANICSBURG PA Tax Payments and Credits: 1. Tax Due(Page 2,Line 19) (1) 0.00 2. Credits/Payments A. Prior Payments B. Discount (See instructions.) Total Credits(A+B) (2) 0.00 3. Interest (3) 4. If Line 2 is greater than Line 1 +Line 3,enter the difference.This is the OVERPAYMENT. Fill in box on Page 2,Line 20 to request a refund. (4) 0.00 5. If Line 1 +Line 3 is greater than Line 2,enter the difference.This is the TAX DUE. (5) 0.00 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............................................................................... ❑ ❑X b. retain the right to designate who shall use the property transferred or its income................................. ❑ Q c. retain a reversionary interest.................................................................................................................. ❑ d. receive the promise for life of either payments,benefits or care?.......................................................... ❑ 0 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?................................ ❑ X❑ 4. Did decedent own an individual retirement account,annuity or other non-probate property,which contains a beneficiary designation?............................................................................................................. ❑ 0 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 is 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 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 step-parent 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(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)].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. R EV-1508 EX+(08-12) SCHEDULE E pennsylvania CASH, BANK DEPOSITS, & MISC. DEPARTMENT OF REVENUE INHERITANCE TAX RETURN PERSONAL PROPERTY RESIDENT DECEDENT ESTATE OF: FILE NUMBER: Desales M and Patricia J Smith 21-15-0259 Include the proceeds of litigation and the date the proceeds were received by the estate. All property jointly owned with right of survivorship must be disclosed on Schedule F. ITEM VALUE AT DATE NUMBER DESCRIPTION OF DEATH 1. Reliastar Life Insurance Policy on the life of Patricia J. Smith 1,668.75 TOTAL(Also enter on line 5, Recapitulation) $ 1,668.75 If more space is needed,use additional sheets of paper of the same size. REV-1511 EX+(08-13) pennsylvania SCHEDULE H DEPARTMENT OF REVENUE FUNERAL EXPENSES AND INHERITANCE TAX RESIDENT DECEDENT RETURN ADMINISTRATIVE COSTS ESTATE OF FILE NUMBER Desales M and Patricia J Smith 21-15-0259 Decedent's debts must be reported on Schedule I. ITEM NUMBER DESCRIPTION AMOUNT A. FUNERAL EXPENSES: 1. B. ADMINISTRATIVE COSTS: 1. Personal Representative Commissions: Name(s)of Personal Representative(s) Street Address City State ZIP Year(s)Commission Paid: 2. Attorney Fees: 750.00 3. Family Exemption:(If decedent's address is not the same as claimant's,attach explanation.) 3,500.00 Claimant Patricia J. Smith Street Address 4 Pleasant View Drive city Carlisle State PA zip 17013 Relationship of Claimant to Decedent Spouse 4. Probate Fees: 140.50 5. Accountant Fees: 6. Tax Return Preparer Fees: 7. TOTAL(Also enter on Line 9, Recapitulation) $ 4,390.50 If more space is needed,use additional sheets of paper of the same size. REV-1513 EX+(01-10) pennsylvania SCHEDULE J DEPARTMENT OF REVENUE BENEFICIARIES INHERITANCE TAX RETURN RESIDENT DECEDENT ESTATE OF: FILE NUMBER: Desales M and Patricia J Smith 21-15-0259 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[Include outright spousal distributions and transfers under Sec.9116(a)(1.2).] 1 Patricia J. Smith Spouse 100%of remainder ENTER DOLLAR AMOUNTS FOR DISTRIBUTIONS SHOWN ABOVE ON LINES 15 THROUGH 18 OF REV-1500 COVER SHEET,AS APPROPRIATE. 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. $ 0.00 If more space is needed,use additional sheets of paper of the same size. REV-1513 EX+(01-10) pennsylvania SCHEDULE J DEPARTMENT OF REVENUE BENEFICIARIES INHERITANCE TAX RETURN RESIDENT DECEDENT ESTATE OF: FILE NUMBER: Desales M and Patricia J Smith 21-15-0259 RELATIONSHIP TO DECEDENT AMOUNT OR SHARE NUMBER NAME AND ADDRESS OF PERSON(S)RECEIVING PROPERTY Do Not List Trustee(s) OF ESTATE TAXABLE DISTRIBUTIONS[Include outright spousal distributions and transfers under Sec.9116(a)(1.2).] 1 Patricia J. Smith 4 Pleasant View Drive, Mechanicsburg, PA 17050 Spouse 100%of remainder 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. $ 0.00 If more space is needed,use additional sheets of paper of the same size. OWNER: DESALES M P SMITH 4 PLEASANT VIEW DR MECHANICSBURG PA 17050 OWNER: RELIASTAR LIFE INSURANCE COMPANY OF NEW YORK PAGE 1 DESALES M P SMITH P.O. BOX 122 - MINNEAPOLIS, MN 55440-0122 4 PLEASANT VIEW DR MECHANICSBURG PA 17050 FLEXIBLE PREMIUM ADJUSTABLE LIFE INSURANCE ANNUAL REPORT REPORT DATE: APRIL 1,2000:, AGENT: RONALD LESLIE - ISSUE AGE: 38 SEX: FEMALE ADDRESS: SUITE 800 POLICY NUMBER: TBL0S6760 3811 TURTLE CREEK BLVD INS U :11--M, ATRICIA ITS POLICY DATE: APRIL 1,1987 DALLAS TX 75219 - --...,,,,..,,���...���✓✓✓✓✓✓llllll ----------------------------------------STATUS AS OF REPORT DATE ----------------------------------------- CURRENT SPECIFIED AMOUNT: $26,900.00 MATURITY DATE: APRIL 1, 2044 DEATH BENEFIT (4/01/2004): $26,900.00 PLANNED PREMIUM PAYABLE MONTHLY DEATH BENEFIT (4/01/2005): $26,900.00 PLANNED PERIODIC PREMIUM: $17.34 CURRENT LOAN BALANCE: $0.00 DEATH BENEFIT OPTION - CASH VALUE INCLUDED IN SPECIFIED AMOUNT SURRENDER CHARGE: ACTUAL OR $25.00 WHICHEVER IS LESS. -------------------------------- SUMMARY OF TRANSACTIONS FOR YEAR ENDING REPORT DATE --------------------- MONTH PREMIUMS CURB. CHARGES INTEREST CREDITED CURR COST OF INSURANCE WITHDRAWALS CASH VALUE END OF MO. BEGINNING RECEIVED PREMIUM EXP. GUARAN. EXCESS RATE BASE RIDER AMOUNT FEE FUND CASH VALUE 03-01-2004 1567.09 04-01-04 17.34 0.00 1.73 6.38 0.63 5.508 13.40 0.00 0.00 0.00 1576.31 1567.59 05-01-04 17.34 0.00 1.73 6.42 0.63 5.508 13.40 0.010 0.00 0.00 1585.57 1577.46 06-01-04 17.34 0.00 1.73 6.46 0.63 5.508 13.39 0.00 0.00 0.00 1594.88 1587.38 07-01-04 35.68 0.00 3.57 6.50 0.63 5.508 13.39 0.00 0.00 0.00 1620.73 1613.23 08-01-04 0.00 0.00 0.00 6.60 0.65 5.508 13.37 0.00 0.00 0.00 1614.61 1607.08 09-01-04 34.68 0.00 3.47 6.58 0.64 5.508 13.38 0.00 0.00 0.00 1639.66 1632.11 10-01-04 0.00 0.00 0.00 6.68 0.65 5.508 13.36 0.00 0.00 0.00 1633.63 1626.05 11-01-04 0.00 0.00 0.00 6.66 0.65 5.508 13.37 0.00 0.00 0.00 1627.57 1619.97 12-01-04 17.34 0.00 1.73 6.63 0.65 5.508 13.37 0.00 0.00 0.00 1637.09 1629.46 01-01-05 17.34 0.00 1.64 6.67 0.65 5.508 13.36 0.00 0.00 0_00 1646.75 1639.09 02-01-05 35.68 0.00 0.00 6.71 0.65 5.508 13.36 0.00 0.00 0.00 1676.43 1668.75 03-01-05 17.34 0.00 0.00 6.83 0.67 5.508 13.34 0.00 0.00 0.00 1687.93 1680.20 TOTALS 0.00 79.12 160.49 210.08 15.60 7.73 0.00 CASH SURRENDER VALUE (AMO'uriT PAYABLE Ai SURRENDER) FOR THIS POLICY AS OF 4/ 1/2005 IS $1,680.20. ---------------------------------------------------------------------------------------------------------- INTEREST IS CREDITED MONTHLY TO THE CASH VALUE.AFTER PROJECTED CASH VALUE IS $1,802.09 DEDUCTION OF EXPENSE AND COST OF INSURANCE CHARGES. AT THE END OF NEXT POLICY YEAR ASSUMING PREMIUM INTEREST IS BASED ON AN EFFECTIVE ANNUAL RATE OF 5.08. PAYMENT AS PLANNED, CURRENT INTEREST RATE EXCESS INTEREST ON ANY PORTION OF THE CASH VALUE NOT OF 5.508, CURRENT COST OF INSURANCE RATES, AND LOANED IS BASED ON THE EXCESS OF THE CURRENT ANNUAL NO PARTIAL SURRENDERS OR CHANGES IN THE SPECIFIED EFFECTIVE RATES OVER THE GUARANTEED RATE**. AMOUNT. ---------------------------------------------------------------------------------------------------------- 05-27-2005 i LAST WILL.AND TESTAMLrMC OF Di"aSALES M.P.SMITH 1,DESALES M.P.SMITH.married man,of four(4)Pleasant View Dr..Mechanicsburg, Pennsylvania 17050,Cumberland County.Pennsylvania,being of sound and disposing mind, memory.and understanding,do hereby mate,publish.and declare this as and for my Last Will and Testament.hereby revoking and making void any and all Wills by me at any time heretofore made. 1. 1 direct my hereinafter-named Executrix to pay all of my debts to which I am bound and the expenses of my funeral,last illness,and of the administration of my estate as soon after my death as may be found convenient to do so. 2. I declare that I am married to PATRICIA J.SMITH,and that I have four children,all of whom arc adults: BRIAN D.SMITH.SHERI J.DIEHL,SHARON R.KONIECZNY and SARAH B.BARR. I further declare that I have no other children. 3. All the rest, residue. and remalnder of my estate. real, personal. or mixed, and wheresoever the same may be situate,l give,devise.and bequeath to my wife,PATRICIA J. SMITH,her heirs and assigns,to the exclusion of my child or children,born or unborn,provided my said wife shall survive me by a period of ninety(90)days. In the event that my said wife should predecease me or fail to survive me by the aforesaid period of ninety(90)days.then in such event all the rest, residue and remainder of my estate. real, personal and mixed, and wheresoever the same may be situate,I give,devise and bequeath as follows: a. I give and bequeath those items of tangible personal property owned by me at the time of my death to the persons named on a separate writing that I have prepared. b. All the rest residue and remainder of my estate I give devise and bequeath in equal shares to such of my children as shall survive me by a period of ninety(90)days. c. The share payable to my son.Brian Smith pursuant to paragraph 3A.above shall be paid to my daughter,Sarah Barr,in trust for the benefit of my said son,Brian Smith. I authorize the herein named trustee to receive and invest the same,and to pay the income arising therefrom,together with to much of the principal thereof as in her opinion is necessary or desirable to be expended for the proper health,maintenance. support,of Brian Smith,to or for the benefit of him. Upon the death of Brian D. Smith,the trust shall terminate and the balance held in trust shall be paid to such of his issue as are then living and if there be no such issue,then to such of my issue as arc living at the time of his death. d. The share any deceased child would have received shall pass as follows: the sum of $11(W.00 shall be paid to any living unremarded spouse of said deceased child and the balance shall be paid to the issue of the deceased child,per stripes,and if there be no such issue.said shirt:shall lapse and be added to the remaining share or shares per stirpes At the present time I have four(4)children as aforementioned. 4. Should any person less than 21 years of age be entitled to distribution from my estate, in such event the share that person would otherwise have received shall be paid to my hereinafter named Executor or Executors.in trust.I authorize the herein named trustee to receive and invest the same,and to pay the Inenme arising therefrom,together with so much of the principal thereof as in his, her or their opinion is necessary or desirable to be expended for the proper maintenance,support,and education of such person,to or for the benefit of such person.and upon such person attaining 21 years of age to pay to him or her the then remaining principal together with any undistributed income. 5. 1 hereby nominate. constitute, and appoint my wife, PATRICIA J. SMITH. as Executrix of this my Last Will and Testament.but should she predecease me or fail to qualify, then in such event I nominate.constitute,and appoint my children,BRIAN D.SMITH,SHERI J. DIEHL.SHARON R.KONIEC2M and SARAH B.BARR.or any of them as Executors,and I Page 1 of 3 pages ";ZD IVY\ - r � further direct that none of them shall be required to post any bond to secure the faithful performance of his or her duties in the Commonwealth of Pennsylvania or in any other jurisdiction. b. In addition to the powers conferred by law,my herein named Executors and Trustees are empowered: a.To invest any part of the trust corpus In such securities,investments,or other property as may W deemed advisable and proper,irrespective of whether the same are authorized for the investment of trust funds under the laws of any governing jurisdiction. b.With respect to any corporation,the stocks,bonds,or other securities of which may be held.to vote in person or by proxy on any shares of stock;to consent to the merger. consolidation or reorganization of such corporations;to consent to the leasing,mortgaging,or sale of the property of any such corporations;to make any surrender,exchange or substitution of such stocks,bonds,or other securities as an incident to the merger.consolidation or reorganization of such corporations;to pay aA assessments.subscriptions and other sums of money which may be deemed wise and expedient for the protection and maintenance of the proportionate interest of the investment in such corporations;to exercise any option or privilege which may be conferred upon the holders of such stocks,bonds,or other securities of such corporations either for the conversion of the same into other securities or for the purchase of additional securities,and to make any and all necessary payments which may be required in connection therewith;and generally to have and exercise as to all such stocks,bonds.and other securities,the powers of an individual owner who is under trust obligation. c.To hold the trust corpus in one or more consolidated funds in which separate shares shall have undivided Interests. d.To sell at public or private sale for cash or upon credit,or partly for cash and partly on credit.and upon such terms and conditions as shall be deemed proper,any part or parts of the trust estate.and no purchaser at any such sale shall be bound to inquire into the expediency or propriety of any such sale or to see to the application of the purchase money arising therefrom. e.To steep on hand and uninvested such moneys as may be deemed proper and for such period as may be found expedient. f.To compromise,settle,or arbitrate any claim or demand in favor of or against the trust estate. g.And authorized in the discharge of fiduciary dudes.to employ counsel and to determine and to pay such counsel reasonable compensation which shall be charged against the principal or income of the trust fund,and shall further be entitled to charge against the principal or income such other reasonable expenses and charges as maybe necessary and proper to incur for the proper discharge of fiduciary duties and for the proper management and administration of the trust estate. b.In making any division of property into shares for the purpose of any distribution thereof directed by the provisions of the trust,to make such division or distribution.either in cash or in kind,or partly in cash and partly in kind,as shall be deemed most expedient,and in making any division or distribution in kind may allot any specific security or property or any undivided interest therein to any one or more of such shares.and to that end may appraise any or all of the property so to be allotted and the judgment as to the propriety of such allotment and as to the relative value for purposes of distribution of the securities or property so allotted shall be final and conclusive upon all persons interested in the trust or in the division or distribution thereof. I. Authorized to register any shares of stock or other assets of any trust in their own names or in the name of a nominee. j.To retain and invest in shares of stock of my Trustee. LS Page 2 of 3 pages k. To retain any investments including mutual funds which I may own at the time of my death and in addition to invest any part of the Trust corpus in such mutual fund or mutual funds as may be deemed advisable or proper,irrespective of whether the same are authorized for the investment of trust fonds under the laws of any governing jurisdiction. 1.To determine from time to time whether all or some portion of realized capital gains shall be treated as ordinary income for distribution to a beneficiary or treated as principal to be retained as pan of the corpus,and such designation need not be consistent from one.year to another. IN WITNESS WHEREOF,I have hereunto set my hand and seal to this my Last Will and Testament written on 3 pages,this 31° day of July,2014. (SEAL.) DESALES M.P.SMITH Signed,sealed,published and declared,by RESALES M.P.SMITH,the Testator above named,as and for his Last Will and Testament.In our presence,who,in his'presence,at his request, and in the presence of each other,have hereunto subscribed our names as attesting witnesses. COMMONWEALTH OFPF.NNSYLVANtA ) SS: COUNTY OF CUMBERLAND ) We.DFSALES M.P.SMrrH.the Testator herein,and Robert G.Frey and .the witnesses.to the Leat Will and Testament,the attached or foregoing Instrument.who have signed the instrument,hirving been duly qualified according to law do depose and ray: a. that I.the Testator.do hereby acknowledge that t signed and executed the Instrument as my Last Will and Testament,that t signed it willingly and as my flee and voluntary act for the purposes therein expressed;and b. that we,the witnesses.were prewar and saw the Testator sign and execute the instrument as his Last Will and Testament,that he signed It willingly and executed it as his free and voluntary act for the purposes thercin expressed;that each of as In the hearing and sight of the Testator signed the Last WIN and Testament as a witness and that to the best of our knowledge the Tatauu was at that time eighteen(19)or more years of age,of sommd mind std under no constraint or undue Influence. �1irn.P_ sr. DES Subscribed,swom to and acknowledged before me by the Testator and the witnesses above-named,this 31° day of July,2014. Notary Public K YtVANW I�rAroam,aFAt. M' etam E��t8 Page 3 of 3 pages