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HomeMy WebLinkAbout01-0214 G REV-1500 EX + (6-00) OFFICIAL USE ONLY + COMMONWEALTH OF PENNSYLVANIA REV-1500 It, -;(/.;<- Ie:< DEPARTMENT OF REVENUE DEPT. 280601 INHERITANCE TAX RETURN FILE NUMBER HARRISBURG, PA 17128-0601 RESIDENT DECEDENT 21 01 0214 COUNTY CODE YEAR NUMBER DECEDENT'S NAME (LAST, FIRST, AND MIDDLE INITIAL) SOCIAL SECURITY NUMBER , John T. 192-40 5783 DECE- DATE OF DEATH (MM-DD-YEAR) I DATE OF BIRTH (MM-DD-YEAR) THIS RETURN MUST BE FILED IN DUPLICATE DENT 02/06/01 10/28/1950 WITH THE REGISTER OF WILLS (IF APPLICABLE) SURVIVING SPOUSE'S NAME (LAST, FIRST, AND MIDDLE INITIAL) SOCIAL SECURITY NUMBER , Babbi L. 3. Remainder Return CHECK ~' Original Return ~. Supplemental Return 8 (date of death prior to 12-13-82) APPRO- 4. Limited Estate 4a. Future Interest Compromise 5. Federal Estate Tax Return Required ~ateofdeathafter12-12-a2\ PRIATE 6. Dec::edent Died Testate 7. ecedent Maintained a Living Trust 0 8. Total Number of Safe Deposit Boxes (AttachcopyofWillj (Attach acopyof Trust) BLOCKS 9. Litigation Proceeds Received 10. Spousal Poverty Credit(date of death between 0 11. Election to tax under Sec. 9113(A) 12-31-91 and 1-i-lm (Attach Sch 0) jiji$~k;~Il~~~I'i~iilHiilli~~\MtA\;;TA'i!j___;$~l!IPm_lliI9i NAME COMPLETE MAILING ADDRESS COR- David J. Lenox, re One S. Baltirrore St. RE- FIRM NAME (II Applicable) Dillsburg , PA 17019 SPON 'Ihe Wiley Group DENT TELEPHONE NUMBER 717-432-9666 None OFFICIAL USE ONLY 1. Real Eslate (Schedule A) (1) 2. Stocks and Bonds (Schedule B) (2) 11,451. 78 3. Closely Held Corporation, Partnership or Sole-Proprietorship (3) None 4. Mortgages & Notes Reoeivable (Schedule D) (4) None 5. Cash, Bank Deposits & Miscellaneous Personal Property (Schedule E) (5) 33,272 .42 6. Jointly Owned Property (Schedule F) 0 Separate Billing Requested (6) NaIle RECA- PITULA- 7. Inter-Vivos Transfers & Miscellaneous TION Non-Probate Property (Schedule G or L) (7) 324,097.66 8. Total Gross Assets (total Lines 1-7) (8) 368, 821. 86 9. Funeral Expenses & AdministratilJe Costs (Schetlu\e H)(9) 15,943.50 10. Debts of Decedent, Mortgage Liabilities, & Liens(Schedule I) (10) 25.00 11. Total Deductions (totsl Unes 9 & 10) (11) 15,968.50 12. Net Value of Estate (Line 8 minus Line 11) (12) 352,853.36 13. Charitable and Governmental Bequests/See 9113 Trusts for which an election to tax (13) None has not been made (Schedule J) 14. Net Value Subject to Tax (Line 12 minus Una 13) (14) 352,853.36 SEE INSTRUCTIONS ON PAGE 2 FOR APPLlCABLIE RATES 15. Amount of Line 14 taxable at the spousal tax rate, or transfers under Sec. 9116(a)(1.2) 352,853.36 X .0 0 (15) 0.00 TAX 16. Amount of Line 14 taxable at lineal rate 0.00 X .0 ~ (16) 0.00 COMPU- 17. Amount of Line 14 taxable at sibling rate 0.00 x.12 (17) 0.00 TATION 18. Amount of Line 14 taxable at collateral rate 0.00 X .15 (18) 0.00 19. Tax Due (19) 0.00 20. 0 [~R~)#~~!$t\eQij~IiiA~Q~Ai_fW:i_I#EI . . ....,..,**Jlfdllffl!;?t9i.~WEl'l.l\WqQlili~!l$'QN,Rt.;Gli2'l\l\lIM;!liClll;~MA'llij'&.\\.'}....'.""""'" o PAf500f NTF 29155 Copyright 2000 Greatland/Nelco LP - Forms Software Only PA REV-1500 EX (6-00) Decectent's Com lete Address: STREET ADDRESS 109 Hillcrest Rd. Page 2 CITY STATE PA ZIP 17011 Hill Tax Payments and Credits: 1. Tax Due (Page 1 Line 19) 2. Credits/Payments A. Spousal Poverty Credit B. Prior Payments C. Discount (1) 0.00 Total Credits (A + 8 + C) (2) 0.00 3. Interest/Penalty jf applicable D. Interest E. Penalty TotallnterestJPenalty (D + E) 4. 11 Una 2 is greater than Una 1 + Una 3, enter the d\flerence. This is the OVERPAYMENT. Check box on Page 1 Une 20 to request a refund 5. If Line 1 + Une 3 is greater than Una 2, enter the difference. This is the TAX DUE. A. Enter the interest on the tax due. 8. Enter the total of Line 5 + 5A. This is the BALANCE DUE. Make Check Payable to: R,E,GISTEROFWILLS. ,AGE,NT (3) 0.00 (4) (5) 0.00 (5A) 0.00 (58) 0.00 'P[EASE'ANSWER'THE'FOi.ioWING'QUESTiONS'By'pLACING'AN'"X;;'iN'THE'APPROPRIATE'BI..OCKS" .. ... .. ." ....- -"'-';';"'::::::'::':':"",:::,:::,::,:::::::::::::::})})::::})::):(\/):::::::::::}:,=:::;::::::':"-' ' . .......................'.....,.......... 1. Did decedent make a transfer and: 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; or. . . , , . . . . . . . . . . . . . . . . . . , . . . . . . . . , . . . . . . . . . . . . . . . . . . . . d. receive the promise for life of either payments, benefits or care? .... . . . . . . . . , . . . . . . . , , . . 2. If death occurred after December 12, 1982, did decedent transfer property within one year of death without receiving adequate consideration? . . . , . , . . . . . . , . , . . . . . . , . , . . . . . . . . . . . . . . . , , . . 3. Did decedent own an "in trust for" or payable upon death bank account or security at his or her death? 4. Did decedent own an Individual Retirement Account, annuity, or other non-probate property which contains a beneficiary designation? . . . . , . , . . . . . . , . . . . . . . , , . , . . . . . . . , . . . . . . , , . , . . . . . , . , . . . ., e9. IF THE ANSWER TO ANY OF THE ABOVE QUESTIONS IS YES, YOU MUST COMPLETE SCHEDULE G AND FILE IT AS PART OF THE RETURN. Under penalties of periury, I declare that f 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 0 preparer other than the personal representative is based on information of which re arer has an knowled e. SIGN R ~RS N ESP NSI8LE FOR FILING RETURN{j DAT / 0, . ~ .J I Yes No ~ I 8 ~ o ESENTATIVE DATE J Baltinore st., Dillsburg, PA 17019 n:::\(::)\t:tt?t??\/tXttY:(:,?::?JY::"){:\U\u::tt:?}:})){))):?J:)}{(}:::j:):t:):,:t:t)))){)))))){t{)t{))t}:(:;::;{t)t){)}))))?)t{tt:;:::t::n{j::;))t(tt::nt:!U{)){){:;{t}Jt{tt:;)'(r{}::::'::::':::';,- ",--", For dates of death on or after July 1, 1994 and before January 1, 1995, the tax rate imposed on the net value of transfers to or for the use of the surviving spouse is 3% [72 P.S. Ii 9116 (a)(1.1)(i)]. For dateli of death on or after January 1, 1995, the tax rate is imposed on the net value of transfers to or for the use of the surviving spouse is 0% [72 P,S, Ii 9116 (a)(1.1) (ii)l, The statute rln.." not ,""vRmnt 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 1he only beneficiary. For dates of death on orafterJuiy1, 2000: The tax rate imposed on the net value of transfers from a deceased child twenty-one years af age or yaunger at death to otfor the use of a natural panm1, an ildaptive parent, or a stepparent of the child is 0% [72 P.S.li9118(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%, except as noted in 72.P.S.1i 9116(1.2) [72 P.S.li 9116(a)(1J]. The tax rate imposed an the net value at transfers to or for tne use of the decedent's siblings is 12% [72 P.S. 19116(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. o PA15002 NTF 29756 Copyright 2000 Greatland/Nelco lP - Forms Software Only . Estate of: John T. S\\eerIey 21-01-0214 The follCMing person(s) are signing the return as representative(s) of the estate: Bobbi L. S\\eerIey 109 Hillcrest Rd. CaIIp Hill, PA 17011 LAST WILL AND TESTAMENT of JOHN T. SWEENEY I, JOHN T. SWEENEY, of Camp Hill, Cumberland County, Pennsylvania, declare this to be my will, hereby revoking all prior wills and codicils. \ \ FIRST: Payment of Debts and Distribution of Personal Property I direct that all my just debts and funeral expenses be paid as soon after my demise as may be convenient. All my personal effects, clothing, furniture, furnishings, jewelry, automobiles, other tangible personal property of every kind and insurance thereon, I give to my wife, Bobbi L. Sweeney, ifshe survives me for a period of thirty (30) days. If she shall not so survive me, then I give the same in equal shares per stirpes to my children, Christopher Sweeney and Ryan Sweeney, or if predeceased to their issue in equal shares per stirpes. SECOND: Distribution of Residue I give the rest and residue of my estate to my wife, Bobbi L. Sweeney, if she survives me for a period of thirty (30) days. If she shall not so survive me, then I give the same to my children, in equal shares per stirpes, Christopher Sweeney and Ryan Sweeney, or if predeceased to them issue in equal shares per stirpes, or if not survived by issue, then the rest and residue of my estate shall be distributed as follows: (1/6) to Judith Sabatini; (1/6) to Rosemary Montanino; (1/12) to Shawn Sweeney; (1/12) to Sabrina Sweeney; and (y,) to Toni Petroski. THIRD: Disclaimer Trust If my wife survives me for a period of thirty (30) days but disclaims in whole or in part any property or interest otherwise distributable to my wife, such property or interest so disclaimed shall be distributed to my hereinafter named trustee as trustee of the Disclaimer Trust, to be held and distributed as follows: 1 "'.'--~"-"---'-7-~'''''''.''r''..,-.. ":",;..I'!', A. During the lifetime of my wife, trustee shall pay and distribute to her or for her benefit the entire net income therefrom, which payments shall be made to her periodically but not less frequently than quarterly. B. In addition, my wife shall have the power to direct the Trustees to pay to my wife or to apply out of principal of the Disclaimer Trust in each year including the year of my death an amount not in excess of the greater of Five Thousand ($5,000) Dollars or Five (5 %) percent of the then aggregate value of the principal of the Disclaimer Trust. This power is noncumulative and can be exercised only by an instrument in writing signed by my wife and delivered to the Trustees. C. In addition, the below named disinterested trustee shall from time to time pay to my wife, or shall apply directly for her benefit, as much of the principal of the Disclaimer Trust as the disinterested trustee may consider desirable for her health, maintenance and support, after considering all resources available to her. D. In the event of any disclaimer by my wife or the personal representative of my wife of an interest as a beneficiary under any third party beneficiary contract, including but not limited to any life insurance or annuity policy or pension, profit-sharing or other employee benefit plan, said disclaimed interest shall be directed and distributed to the trustee of the Disclaimer Trust created hereunder. Any designation of the "Trustee or Trustees under my Will" or similar designations as the contingent beneficiary under any such third party beneficiary contracts shall mean the trustee of the Disclaime~ Trust created hereunder. E. There is no requirement that the Disclaimer Trust be funded whatsoever but in no event shall the amount of funds deposited exceed the fractional amount specified in the paragraph immediately below. In cases where the Trust is to be funded to the maximum extent allowable under Federal and State Estate Tax provisions, the numerator of the fraction shall equal the largest value of the assets in my taxable estate that can pass free of federal estate tax by reason of the Unified Credit available under current federal law and the credit for state death taxes (to the extent the use of such credit does not increase state death taxes) allowable to my estate, after reduction by reason of (i) adjusted taxable gifts, (ii) other dispositions of property included in my gross estate for which no marital, charitable, or other deduction is allowed in computing my federal estate tax, and (iii) administration expenses and other charges to principal that are not claimed and allowed as federal estate tax deductions. The denominator of the fraction will equal the value of my assets as finally determined for federal estate tax purpose~. I realize that the fraction may be affected by the exercise of certain elections made by my personal representative and by my wife. F. It is my intention to arrange the provisions of the Disclaimer Trust in such a manner so as to exclude the values held in trust from the taxable estate of my wife. Therefore, if any 2 . :.:c.( r.-:,~~''Yi:t-:}",:~':u.';l'' cd' '.",1::;,,''-' <,J ',,,, .,_".,.OP': - .. , .' , ~:,~:J"~;~~...,,'l:"''W:''''_:t:''~~''~,!",,,.,_" '.'" "-. "" ~i:'::-" . f', provision herein would in operation require inclusion of said v~u~s in the taxa~l~ estate of my souse such provision may be amended by the Trustees, substItuting for the ongmal, that :;ovisi~n or direction, if any, which would best accomplish my other general objectives while keeping the values out of said taxable estate. G. Upon the death of my wife, any principal and accrued and undistributed income shall be distributed to\my children, Christopher Sweeney and Ryan Sweeney, in equal shares per stirpes. Ifany of-such beneficiaries have attained age thirty-five (35) or older they shall receive distribution outright. In the event any such beneficiaries have not then reached age thirty-five (35) their shares shall be held by my Trustee, Judith Sabatini, of Queens, New York, as provided in the following paragraphs identified and described as the "Spendthrift Trust." FOURTH: Spendthrift Trust If my wife does not survive me for a period of thirty (30) days, I give the rest and residue of my estate to my children, Ch.-istopher Sweeney and Ryan Sweeney, in equal shares per stirpes. Any beneficiary age thirty-five (35) or older shall receive distribution outright. In the event a beneficiary has not then reached age thirty-five (35) his or her share shall be held by my Trustee, Judith Sabatini, of Queens, New York, as provided in the following Paragraphs: A. Trustee may accumulate the income from that share or so much thereof from time to time as it considers advisable; and trustee may expend and apply so much of net income including accumulated income and so much of the principal of that share as trustee may consider necessary for the support, maintenance, welfare and education of such beneficiary, including college education, both graduate and undergraduate. B. When such beneficiary reaches age twenty-one (21), one-fourth, (1/4) of the then remaining principal and any accumulated or undistributed income of his or her share shall be distributed to such beneficiary, absolutely. C. When such beneficiary reaches age twenty-five (25), one-third (1/3) of the then remaining principal and any accumulated or undistributed income of his or her share shall be distributed to such beneficiary, absolutely. D. When such beneficiary reaches age thirty (30), one-half('h) of the then remaining principal and any accumulated or undistributed income of his or her share shall be distributed to such beneficiary, absolutely. E. When such beneficiary reaches age thirty-five (35), the then remaining principal and any accumulated or undistributed income of his or her share shall be distributed to such beneficiary, absolutely. 3 ~'"~'''''!''l''.,."".~",:.", .. ~,.. ;n the event such b~~~i;~i~ry'dies before reaching ag~"ti;irty:-fi~e(35):thentne remaining principal and any accumulated income of his or she share shall be distributed among his or her issue or his or her spouse as such beneficiary may appoint in his or her valid last will and testament. If such beneficiary has not made a valid last will.and testament his or her share shall be distributed to his or her issue per stirpes, or if not survived by issue then the balance shall be distributed to the siblings of such beneficary, per stirpes, or if not survived by any such heirs, then as follows: (1/6) to Judith Sabatini; (1/6) to Rosemary Montanino; (1/12) to Shawn Sweeney; (1/12) to Sabrina Sweeney; and (Y2) to Toni Petroski. \ G. If the ultimate beneficiaries named above are not living at the time at which distribution would be made to them under the above provisions then distribution shall be made to the intestate heirs of said' beneficiary under the intestacy laws ofthe Commonwealth of Pennsylvania. FIFTH: Powers of Executor and Trustee My executor and trustee, and their successors, shall have the following powers in addition to those given by law to be exercised by them in their absolute discretion, which powers shall be applicable to all property held by them, effective without the order of any court and until the actual distribution of all such property: A. To retain any investments at discretion including stock of any corporate fiduciary hereunder or ofa holding company controlling it; B. To invest and reinvest at discretion without the obligation to diversify and without restriction to so-called "legal investments", with the specific right to invest in stocks, bonds and real estate, including non-income producing residential real estate for the occupancy of any present income beneficiary or beneficiaries, and in such common trust, diversified, money market and mutual funds as my executor and trustee deem appropriate, including any such funds of any corporate fiduciary hereunder or any successor or affiliated corporation or a holding company controlling it; C To sell, to grant options for the sale of, or otherwise convert any real or personal property or interest therein, at public or private sale, for such prices, at such time, in such manner and upon such terms as they may think proper, and to execute and deliver good and sufficient conveyances, assignments and transfers thereof without liability of any purchaser to see to the application of the purchase money; D. To borrow money and to secure the repayment thereof by mortgage ofreal or personal property, pledge of investments or otherwise, without liability on the part of the lenders to see to the application thereof; E. To compromise claims by or against my estate or any trust created hereunder; 4 . F. To allocate and distribute different kinds ofpropen;~~-~~di~d'ed i~t;;e;ti.' ....,...,.w,.".".'~'''''!'''Iff!5! property among the beneficiaries or trusts, in cash or in kind, or both; In G. To register investments in the name of a nominee or to hold the same unregiste d' such form that they will pass by delivery; re In H. To join in any recapitalization, merger, reorganization or voting trust plan affecting investments; to deposit securities under agreement; to subscribe for stock and bond privileges; and generally to exercise all rights of security holders; 1. To manage, operate, repair, alter or improve real estate or other property, and to lease real estate' and other property upon such terms and for such period as my executor and trustee deem advisable even for more than five (5) years and beyond the duration of any trust; J. To deduct administration expenses upon either the estate tax return or fiduciary income tax return, with or without adjustment as between principal and income, as my corporate or disinterested executor shall determine; K. To join with my wife and file any income tax or gift tax returns that may be due on my behalf and to pay so much of such taxes as deemed appropriate and to consent to any gifts made by my wife being treated as having been made one-half ( Y:. ) by me; L. To exercise any stock options which they may receive, including stock from any source as my executor or trustee may deem necessary for the exercise of such options; and to pledge assets as my executor or trustee deems appropriate for this purpose; and M. To disclaim any interest in property without court approval; and N. To do all other acts and things necessary or appropriate in the management, administration and distribution of my estate or trust. SIXTH: Loans and Advances to Executor Trustee is further authorized in its discretion to make such loans, advances or expenditures out of the principal of the Disclaimer Trust or the trust for children as trustee may consider desirable in order to facilitate the settlement of my estate. In exercising such authority, trustee may pay in whole or in part the expenses of my last illness and burial, debts, income taxes, estate or inheritance taxes, legacies, commissions, counsel fees and other administration el,fpenses, owing by me or by reason of my death, which payments may be made directly by trustee or to my executrix, and neither my executrix nor any beneficiary shall be required to reimburse the trustee for any funds so loaned, advanced or expended. 5 . -'"'~'''''''''-.'''''''''''''-''''''''''' :'._-"'7'~'-"""""":~~ SEVENTH: Minors and Incapacitated Beneficiaries If any income or principal shall be payable to any person who shall be a minor or who shall be incapacitated for any reason, my trustee shall hold such income and principal during minority or incapacity and shall be entitled to apply such income and principal to the health, maintenance . . , support and education of such person during minority or incapacity without the appointment of any guardian or committee or any authority of court. My trustee shall be entitled to make direct application hereunder or to make application by payment of income and principal to the parent or other person in charge of such minor or incapacitated person, or to his or her guardian or to a custodian under the Uniform Transfers to Minors Act. Any remaining income and principal to which such person shall be entitled shall be distributed to such person upon the termination of minority or incapacity. EIGHm: Protection of Beneficiaries (Spendthrift Provision) No interest in income or principal shall be assignable by a beneficiary or available to anyone having a claim against a beneficiary before actual payment to the beneficiary. NINTH: Payment of Death Taxes All estate, inheritance and other death taxes, together with interest and penalties payable thereon, with respect to property or interests subject to taxation by reason of my death and whether passing under my will or any codicil thereto, or otherwise, including jointly held and other non-testamentary property, shall be paid out of the principal of my residuary estate without apportionment. , I i i TENm: Termination of Small or Impractical Trusts Whenever trustee, in its absolute discretion, determines that the size of any share held in any trust hereunder does not warrant continuing the same in trust, or its administration would be impractical for any reason, my trustee, without further responsibility: , A. May pay such share to the person entitled at the time to the income from it; or 6 ;i~~~5f~~,,;.~ri~!!\;i:~i~;.:, :', ~.2'.:~_:,~Wi'EZi>~ii.{.::~:}t~ :~}:~ ~;~: B. If such person is a minor or, in the opinion ormy truste~"i~ disabi~d~by-;;:-dvanced '''''''''.,,,,, age, illness, or other condition, my trustee may pay such share to the 'parent or other pe . h f h' . . rson In c ~rge 0 suc minor or. incapacItated person, or to his or her guardian or to a custodian under the Uniform Transfers to Mmors Act. ELEVENTH: Appointment of Guardian of the Person In the event my spouse predeceases me, and I am survived by minor children, I appoint Toni Petroski, of Harrisburg, Pennsylvania, as guardian ofthe person of minors with power to hold all property payable by law to a guardian appointed by my will or through any trust created by my will and to use the same for the minor's health, maintenance, support and education, either directly or by payment to another whose receipt shall be a complete acquittance. My guardian, Toni Petroski, shall have the same powers as my executor and all other powers granted by law to the guardian of persons. If Toni Petroski is unable or unwilling to qualify as guardian or, having qualified, is unable or unwilling to continue to act, I appoint Teresa Sweeney, of Walnut Port, Pennsylvania, as contingent guardian. TWELFTH: Appointment of Executor and Trustees A. I appoint, Bobbi L. Sweeney, my wife, as executrix. IfBobbi L. Sweeney is unable or unwilling to qualify as executrix or, having qualified, is unable or unwilling to continue to act, I appoint,Judith Sabatini, of Queens, New York, as contingent executrix. B. I appoint the Judith Sabatini, of Queens, New York, as Trustee of the Spendthrift Trust created and described in the Fourth Item above. In the event Judith Sabatini is unable or unwilling to qualify as Trustee or having qualified, is unable or willing to continue to act, I appoint Liborio Sabatini, of Queens, New York, as contingent trustee of the Spendthrift Trust. C. I appoint my wife, Bobbi L. Sweeney, as Trustee ofthe Disclaimer Trust created and described in the Third Item above. IfBobbi L. Sweeney is unable or unwilling to qualify as Trustee or, having qualified, is unable or unwilling to continue to act, I appoint Judith Sabatini, as Trustee of the Disclaimer Trust. D. I appoint Judith Sabatini, as Disinterested Trustee if such a person is called upon to act hereunder. In the event Judith Sabatini fails or ceases to act under said appointment, I then appoint Liborio Sabatini, as contingent Disinterested Trustee. ; E. Notwithstanding anything herein contained to the contrary, my wife shall not participate in, nor have any power to make, any decisions regarding discretionary distributions of any portion of the principal of the Disclaimer Trust. Such decisions shall be made by the 7 , Disinterested Trustee appointed in this Item Twelfth, Paragraph (D). THIRTEENTH: Waiver of Bond I direct that no fiduciary hereunder shall be required to furnish bond or surety in any jurisdiction they may be required to serve. \ FOURTEENTH: Interchangeability of Language Words used in the singular may be read to include the plural or the plural may be read as the singular. Similarly, the masculine form may be read to include the feminine and neuter; the feminine may be read to include the masculine and neuter; and the neuter may be read to include the masculine and feminine. FIFTEENTH: Headings The headings used on the paragraphs of this will are included for convenience only and shall have no legal significance. $6r# day oC"'5EfJ TI;:1/l8$f., 1999. hn T. Sweeney Signed by John T. Sweeney, the testator, as and for his will, in the presence of us, who, at his req . s es e and i e presence of each other, have signed our names as witnesses. Patricia 8 I I I. ACKNOWLEDGMENT AND AFFIDA VIr COMMONWEALTH OF PENNSYL VANIA ) ) ) ss. COUNTY OF YORK We, John T. Sweeney, David J. Lenox, and Patricia A. Belluscio, the testator and the witnesses to the will, who have signed the instrument, having been qualified according to law, do depose and say: (a) that I, the testator, do hereby acknowledge that I signed the instrument as my will, that I signed it willingly and that I signed it as my free and voluntary act for the purposes therein expressed; and (b) that we, the witnesses, were present and saw the testator sign the instrument as his will, that he signed it willingly, that he executed it as his free and voluntary act for the purposes therein expressed; that each of us in the hearing and sight of the testator signed the will as witnesses and that to the best of our knowledge the testator was at that time 18 or more years of age, of sound mind and under no constraint or undue influence. t Patricia A. Belluscio, Witness Sworn or affirmed to, subscribed and acknowledged before m~ the testator, and the aforementioned witnesses, this :t:crth day of ~ b./t ), 1999. . '511"1 i:J b dll:h A> Notary Public .' My Commissi n Expires: Notarial Seal . S Dawn Gladfelter, Notary Public . Dillsburg Boro, Yotl< County MY Commission Expires May 17, 2001 trnller, ennsylvanla Assoc atlon of 0 arles REV-1503 EX + (1-97) COMMONWEALTH OF PENNSYLVANIA . INHERITANCE TAX RETURN RESIDENT DECEDENT ESTATE OF John T. ~ SCHEDULE B STOCKS & BONDS FILE NUMBER 21-01-0214 All property Jointly-owned with right of survivorship must be disclosed on Schedule F. ITEM NO. DESCRIPTION VALUE AT DATE OF DEATH 1 IEM Q::nm:Jn Accnt. ~. 01884147320 11,451. 78 TOTAL IAlso enter on line 2, Recaoitulation) $ (If more space is needed, insert additional sheets of the same size) 11,451. 78 1 ~P"31 N1F,0905 Copyright Forms Software Only, 1997 Nelco, Inc. ~ EQuISERVE" Innovative Leadership in Shareholdar Sarvlces. POBox 2530 Jersey City NJ 07303,2530 TEL, 888-426-6700 FAX,201-222-4488 INTERNET: http://www.ibm.com/investor August 15, 2001 The Wiley Group Attn David Lenox, Esquire 1 South Baltimore st Billsburg PA 17019 security: INTERNATIONAL BUSINESS MACHINES CORPORATION COMMON security Number: 09926 Account Registration: John T. sweeney Account Number: 01884147320 Dear Mr. Lenox: We have received your inquiry concerning the above referenced account. our records indicate on February 6, 2001 there were 12 shares in certificate form and 89.6380 shares held in the Investment Plan. The close on February 6, 2001 was $114.19, the high was $115.69 and the low was $111.20. Thank you for the opportunity to be of service. Please contact us at 888-426-6700, should you have any questions. Sincerely, \)~m'{kr(\.1l& /l:'j;).Q-(.Jt, Pathania ~eph Shareholder Relations "-, REV-1508 EX + (1-97) COMMONWEALTH OF PENNSYLVANIA INHERITANCE TAX RETURN RESIDENT DECEDENT ESTATE OF John T. SWeeney SCHEDULE E CASH, BANK DEPOSITS, & MISC. PERSONAL PROPERTY FILE NUMBER 21-01-0214 Include proceeds of litigation & date proceeds were received by the estate. All ProD. lolntly-owned with rlaht of survivorship must be disclosed on Sch. F. ITEM VALUE AT NO. DESCRIPTION DATE OF DEATH 1 PSECO Account No. 0192405783 24,057.42 2 1997 Explorer 9,215.00 TOTAL (Also enter on line 5, Recanitulation) $ 33,272.42 7 CPA81 NTF 10908 Copyright Forms Software Only, 1997 Nelco, Inc. (If more space is needed, insert additional sheets of the same size) AUG-23-2001 08:41 PA STATE EMPLOYEES CU 717 783 9251 P.01/01 PSECIMt the finane/a/link", Augual23,2oo1 AccoUDt # 0 I 92405783 DAVID LENOX TI{E WILEY GROUP 1 sourn BALTIMORE STREET DlLLSBURG, PA 17019 Deat'MR LENOX: The following is the status of JOHN T SWEENEY's ICcountwilh PSECU as of the date of death. Joint Owner's Name Date Established Date of Death Date of Birth NONE 07.20.81 02.06.01 10.29.50 Sbare(s) Regular Shares (8 I) Checking shares (S4) 12 Monlli Certifjcllte (S5 I) 12 Month Certificllte (S55) Balanee $ 141.10 3629.95 2199.01 18067.36 Accrued Dividend $0,06 0.99 2.05 16.90 The dividend earned frQm January 1,2001 through the date ofdealh was $146.74. The deeedem had no IQlI1l$ with \0$. We do not have safe deposit boxes for our members. lfyou have any questions, please call 234-8484 in Harrisblll'll or our 101I-fTee number, (800) 237.7328. Allhe meftl1 prompt, enter 6 and then extension 2227. Sincerely, Debra A Kerstetter Member Service Representative Finance Suppon Unit PENNlSYLVANIA STATE EMPLOYEES CRSDIT UNI_ M.in Addre&s: 1 Credit Union PIEla_. Harrl.bUI1l. PA 17110..2990. (717) 234..8484" (800) 23.7.7!-28- Mt!flllng Address: P.O. BoX 6r013. Hamanurg, p"," 17100"7013. (T17) rn.Z100 (TOD) - (600) 4rZ"1SOT (TeD) Wot;) Addre..: WWW.pa.cu.com SavIng' ftId....IW In",reeI qp to S1DD.DDD a., tilt National Crtdllt l,InlM Admlnllll8llon. TOTAL P.01 K~lIey Blue Book Used Car Values Page 1 of2 - ....,........ . kb/;),oom -guiding the car buyer New Car Pridng ; Build II Qao. ; Incentiv85~ w.~,,,,..w....,,.....................-..4 My Car's Val.... ; USed Qaor Retaill ............_""""~._......-_._....} Buy II New Qaor ; Buy iI U$litd Car l SllIl Y<M'Car; Motorcydes ; i" FlrQlind"'lll Insurance ~ Lemon Oteck ; W_lIntitls ; ~ri<l$l > ~-"\ Car- ll<lldltWll \ Car Pr~ill_ ! Ded$iQn GuideS , Advim ; , .~---.~..-.,.; About kbb ; Home~ :;,~~~.!''''',,,~, 'N ,^,{.. :~'::,':',,<~~""",~?.."/.":;' ~?'<.< ';~.<' ~'?:),<"<':~;,,?::Y~~;/7 , ' ,~,~', '_'if_ 1:1iltiift:'i lI1ltflill;ime'1i"" '.Z"'i ~~? ? ~ ' ,_' , ~~" ',^, / ~, 'i0 ,,:,:.< }:..:.>!~~ Click on the image above to visit this advertiser Blue Book Trade-In Report Pennsylvania. August 30,2001 1997 Ford Explorer Sport Utility 40 Buv a New Car Buy a Used Car List Your Car For Sale Online FinancinQ Quote Insurance Quote Warranty Quote Payment Calculator Engine: V6 4.0 Liter Trans: Automatic Drive: 4 Wheel Drive Mileage: 37,233 Equipment XL Air Conditioning Power Steering AM/FM Stereo Dual Air Bags ABS (4-Wheel) Consumer Rated Condition: Good "Good" condition means that the vehicle is free of any major defects. The paint, body and interior have only minor (if any) blemishes, and there are no major mechanical problems. In states where rust is a problem, this should be very minimal, and a deduction should be made to correct it. The tires match and have substantial tread wear left. A clean title history is assumed. A "good" vehicle will need some reconditioning to be sold at retail; however major reconditioning should be deducted from the value. Most recent model cars owned by consumers fall into this category. Trade-In Value $9,215 Trade-in value represents what you might expect to receive from a dealer for this consumer owned vehicle. Keep in mind that the dealer must then absorb the cost of making the vehicle ready for sale, advertising, sales commissions, arranging financing and insurance and standing behind the vehicle for any mechanical or safety problems. http://www.kelleybluebook.com/kblki.dll/kw.kc.ur?kbb; 036005&;t&39;F ord; 1997%20Exp" 8/30/2001 REV-1510 EX + (1-97) COMMONWEALTH OF PENNSYLVANIA INHERIT/I,NCE TI\X RETURN RESIDENT DECEDENT ESTATE OF Jolm. T. SWeeney SCHEDULE G INTER-VIVOS TRANSFERS & MISC. NON-PROBATE PROPERTY FILE NUMBER This schedule must be completed and filed if the answer to any of questions 1 through 4 on the reverse side of the REV-1500 COVER SHEET is yes. 21-01-0214 DESCRIPTION OF PROPERTY %OF EXCLUSION ITEM INCLUDE NAME OF THE TRANSFEREE, THEIR DATE OF DEATH DECD'S (IF TI\)(j\,BLE VALUE RELll.TIONSHIP TO DECD & DATE OF TRANSFER. NO. ATTACH COPY OF THE DEED FOR REAL ESTATE. VALUE OF ASSET INTEREST APPLICABLE) 1 State Ehployees Retirenent Plan 277,184.55 Spa.lse Beneficiary 2 Section 457 Deferred CatpenSation 46,913.11 Plan Spa.lse Beneficiary TOTAL (/1,180 enter on line 7, Recaoitulation) $ 324,097.66 7 CPA01 NTF 10910 Copyright Forms Software Only, 1997 Nelco, Inc. (If more space is needed, insert additional sheets of the same size) .REV-1511EX + (1-97) COMMONWEALTH OF PENNSYLVANIA INHERITANCE TAX RETURN RESIDENT DECEDENT ESTATE OF John T. ~ SCHEDULE H FUNERAL EXPENSES & ADMINISTRATIVE COSTS FILE NUMBER 21-01-0214 Debts 01 decedent must be ,soorted on Schedule I. ITEM NO. DESCRIPTION A. FUNERAL EXPENSES: AMOUNT 1 Neill Funeral Hare, Final Services and Burial 7,325.00 2 Cerretary Expenses 1,100.00 3 Grave M:lrker 2,800.00 B. ADMINISTRATIVE COSTS: 1. Personal Representative's Commissions Name of Personal Representative(s) Social Security Number(s)/EIN No. of Personal Representative(s) Street Address City Slate 0.00 Zip Year(s) Commission Paid: 2. Attorney Fees 3. Family Exemption: (If decedent's address is not the same as claimant's, attach explanation) Claimant Street Address City Slate Zip Relationship of Claimant to Decedent 3,552.50 0.00 4. Probate Fees 0.00 5. Accountant's Fees 0.00 6. Tax Return Preparer's Fees 0.00 7 !/BIDrial Service and Funeral lJ.Jnch at 1\Jrerican Legion 850.00 8 Register of Wills, Probate Fee 9 Legal Advertising 10 Register of Wills, Short Certificate 11 Register of Wills, Tax Return Filing 12 Notary Fees 120.00 170.00 6.00 10.00 10.00 TOTAL (Also enter on line 9, Reea"I'"la!I"") $ (If more space is needed, insert additional sheets of the same size) 15,943.50 7 CPA11 NTF 10911 Copyright Forms Software Only, 1997 Nelco, Inc. .REV-1512 EX. (1-97) COMMONWEALTH OF PENNSYLVANIA INHERITANCE TAX RETURN RESIDENT DECEDENT ESTATE OF John T. Sweeney Include unreimbursed medical excenses. ITEM NO. DESCRIPTION SCHEDULE I DEBTS OF DECEDENT. MORTGAGE LIABILITIES & LIENS FILE NUMBER 21-01-0214 AMOUNT 1 E}rergen.cy Roan Bill 25.00 7 CPA12 NTF 10912 TOTAL (Also enter on line 10, Reoaoilulationl $ (If more space is needed, insert additional sheets of the same size) 25.00 Copyright Forms Software Only, 1997 Neice, Inc. .REV-1513 EX + (1-97) COMMONWEALTH OF PENNSYLVANIA INHERITANCE TAX RETURN RESIDENT DECEDENT ESTATE OF SCHEDULE J BENEFICIARIES Jolm T. No. NAME AND ADDRESS OF PERSON(S) RECEIVING PROPERTY I. TAXABLE DISTRIBUTIONS (include outright spousal distributions) 1 Bobbi L. ~ 109 Hillcrest Rd. Carrp Hill, PA 17011 FILE NUMBER RELATIONSHIP TO DECEDENT Do Not Ust Trustee(s) SUrviving spouse 21-01-0214 AMOUNT OR SHARE OF ESTATE 352,853.36 ENTER DOLLAR AMTS. FOR DISTRIBS. SHOWN ABOVE ON LINES 15 THROUGH 17 AS APPROPRIATE ON REV 1500 COVER SHEET II. NON-TAXABLE DISTRIBUTIONS: A. SPOUSAL DISTRIBUTIONS UNDER SECTION 9113 FOR WHICH AN ELECTION TO TAX IS NOT BEING MADE None B. CHARITABLE AND GOVERNMENTAL DISTRIBUTIONS None 7 CPA13 NTF 10913 TOTAL OF PART 11-- ENTER TOTAL NON-TAXABLE DISTRIBUTIONS ON LINE 13 OF REV 1500 COVER SHEET $ 0.00 Copyrigh1 Forms Software Only, 1997 Nelce,lnc. (If more space is needed, insert additional sheets of the same size) Register of Wills of Cumberland County, Pennsylvania PETITION FOR GRANT OF LETTERS . ~state of John T. Sweeney also known as No. 21-01-214 , Deceased Social Security No. 192 - 40 - 5783 Bobbi L. Sweeney Petitioner(s), who is/are 18 years of age or older, apply(ies) for: (COMPLETE 'A' or 'B' BELOW:) [Jg A. Probate and Grant of Letters Testamentary and aver that Petitioner(s) is/are the execut r ix named in the last Will of the Decedent, dated 09/30/99 and codicil(s) dated None State relevant circumstances, e.g., renunciation, death of executor, etc. Except as follows, Decedent did not marry, was not divorced, and did not have a child born or adopted after execution of the documents offered for probate; was not the victim of a killing and was never adjudicated incompetent: o B. Grant of Letters of Administration (c.t.a.; d.b.n.c.t.a; pendente lite; durante absentia; durante minoritate) Petitioner(s) after a proper search has/have ascertained that Decedent left no Will and was survived by the following spouse (if any) and heirs: I Name Relationship Residence I (COMPLETE IN ALL CASES:) Attach additional sheets if necessary. Decedent was domiciled at death in Cumberland County, Pennsylvania with his/her last family or principal residence at 109 Hill Crest Rd. C H-aN)pcien lWP> (list street, number, and municipality) Decedent,then~yearsofage,died 02/06 ';?O.2..!.,at Holy Spirit Hospital, PA (Location) Decedent at death owned property with estimated values as follows: (If domiciled in PAl All personal property (If not domiciled in PAl Personal property in Pennsylvania (If not domiciled in PAl Personal property in County Value of real estate in Pennsylvania 33,000.00 $ $ $ $ situated as follows: Wherefore, Petitioner(s) respectfully request(s) the probate of the last Will and Codicil(s) presented with this Petition and the grant of letters in the ap ro riate form to the undersi ned: Si nature Bobb i L. 109 Hill T ed or printed name and residence Sweeney Crest Rd., Carn Hill, Pa 1701l Prepared by the Pennsylvania Bar Association Copyright (c) 1996 form software only CPSystems, Inc. / ~'-02 I c2 - /..2--- Form RW-1 (1991) Oath of Personal Representative Commonwealth of Pennsylvania County of Cumberland The Petitioner(s) above-named swear(s) or affirm(s) that the statements in the foregoing Petition are true and correct to the best of the knowledge and belief of Petitioner(s) and that, as personal representative(s) of the Decedent, Petitioner(s) will well and truly administer the estate according to law. Swo,""" .ffkmod and "b"db'd f!r~ c'f/. ~~ Bobbi L. Sweeney before me this ~ day of FEBRUARY k'l::200 1 >y1{/~~/~~/j~//-Cj~~XI/ , For t e RegIster ;:-..: :::. ~ N~ 21-01-214 Estate of John T. Sweeney Deceased Social Security No: 192-40-5783 Date of Death: 02/06/01 AND NOW, FEBRUARY 23 ,:xI:a20Q 1n consideration of the Petition on the reverse side hereon, satisfactory proof having been presented before me, IT IS DECREED that Letters [!] Testamentary D Of Administration (c.t.a.; d.b.n.c.t.a.; pendente lite; durante absentia; durante minoritate) are hereby granted to Bobbi L. Sweeney in the above estate and that the instrument(s) dated 09/30/99 described in the Petition be admitted to probate and filed of record as the last Will of Decedent. FEES Short Certificate(s). $ 21.00 7'16;YCf!r:f~~/li Attorney: David J. Lenox Letters. . . . . . . $ 70.00 Renunciation. $ Affidavits ( $ 1.0. No: 29078 The Wiley Group, P.C. I South Baltimore Rd Extra Pages ( ) . $ 24.00 Address: Dillsburg, PA 17019 Codicil. . $ JCP Fee. $ 5.00 Telephone: 717/432-9666 Inventory. $ ~u6b &J~.R=r Other. . $ TOTAL. $ 120.00 Form RW-1 (1991) Prepared by the Pennsylvania Bar Association Copyright (c) 1996 form software only CPSystems, Inc. H105.805 REV 9/86 This is to certify that the information here given is correctly copied from an original certificate of death du~~ filed with me as Local R.egistrar. The original certificate will be forwarded to the State Vital Records Office for permanent flllOg. WARNING: It is illegal to duplicate this copy by photostat or photograph. No. ~ JJu;v~ Local Registrar Fee for this certificate, $2.00 p 7121325 j.ii~~~ dM/ Date 21-01-214 H105.14JR..., 2187 COMMONWEALTH Of PENNSYLVANIA. DEPARTMENT Of HEALTH. VITAL RECORDS CERTIFICATE OF DEATH TYPEJPAINT IN PERMANENT BLACK INIC' ~ :il :;l o is ~ ~ z STATE FILE ~M8EA SEX'.-' ,- a. h\A \ t:.. .~ v,. COUNTY OF OERH .... CL\..\A\.bD.L~b t. ~RI.l":'c.. - ,- I7c '/ "-' t : CA9-.l.lo ~O &!'~T DUE 10 (OR AS A C au E Of): <:AI?d1Ac:. AnrL-~~~1'\ DUE 10 (OR AS A CONSEQUENCE : '-~A 1105.5 St. Cd""";P i.J.(CP, I1ll/ DATE StGNED lMoW\.Oiily,'feart :l3b. a MS CASE REFERRED 10 MEDICAl EXAMlNEAlCORONER1 _ / ,.. 0 No~ >0. I Approll,",". PART I: 0ltIer SiQnific:..... condlIioN conlI'lbuling 10 death. bYe : inlental betWeen noI ruuling in 1hII undMtp1g cauM Qftten in p,.m I I onset and dNch I i DUE 10 (OR AS A CONSEQUENCE Of)- . .J WERE AUTOPSY FtNOINGS A\NlA8lE PFUCA TO COMPLETION C# CAUSE OFOERH1 MANNER OF DEATH DATE OF INJURY (~OJlIh, Day. Veal) T1lrotE OF INJURY INJURY IiJ WORK7 DESCRlee HOW INJURY OCCURRED. Hat.... ~ o o Homocide ,., 0 No~ _0 No 0' Accident P.ndlll9lnWl~lt9ahon o n o :~.CE ot= INJURY. AI home, larm~;e.l, lactOfy, offic. boltding,e<<:_ISp6l;.lvl ,... Voo 0 NoD M. JOe, LAMbclL o Suicide Coutd not be del.rm,ned v He. 21b. ClRTIFIEftICf'eot oniy one) "CERTIFYING PHYSICIAH If'hys.coao Cflfbfy1f\9 cause 01 dealh wtI6f' ano&l1el phvSlC.anhdS plOtlOllnc-eadealh and complele(.lllern lJ) To....b..lol"'ykno....~.de....OCCuneddueeo... c.us.(s).ndmann.rn s'.Iad... ... "fItAONOUHCJNG AND CERTlfY~ PHYSICIAH IPhy5lCaar\ bolt: ;lIOIlo...roe.ng OOdlh dnd cerl,IVollg locause 01 dealh) To lhe ~ of my knolilflltdge, dealhoc:c:wred at.... u.n., da'.. and plac., and du.lo Ih.cau..(s) and manner;ls staled.. 34. -ebruuy Y)~OOI LAST WILL AND TESTAMENT 21-01-214 of JOHN T. SWEENEY I, JOHN T. SWEENEY, of Camp Hill, Cumberland County, Pennsylvania, declare this to be my will, hereby revoking all prior wills and codicils. FIRST: Payment of Debts and Distribution of Personal Property I direct that all my just debts and funeral expenses be paid as soon after my demise as may be convenient. All my personal effects, clothing, furniture, furnishings, jewelry, automobiles, other tangible personal property of every kind and insurance thereon, I give to my wife, Bobbi L. Sweeney, if she survives me for a period of thirty (30) days. If she shall not so survive me, then I give the same in equal shares per stirpes to my children, Christopher Sweeney and Ryan Sweeney, or if predeceased to their issue in equal shares per stirpes. SECOND: Distribution of Residue I give the rest and residue of my estate to my wife, Bobbi L. Sweeney, if she survives me for a period of thirty (30) days. If she shall not so survive me, then I give the same to my children, in equal shares per stirpes, Christopher Sweeney and Ryan Sweeney, or if predeceased to them issue in equal shares per stirpes, or if not survived by issue, then the rest and residue of my estate shall be distributed as follows: (1/6) to Judith Sabatini; (1/6) to Rosemary Montanino; (1/12) to Shawn Sweeney; (I/I2) to Sabrina Sweeney; and (12) to Toni Petroski. THIRD: Disclaimer Trust Ifmy wife survives me for a period of thirty (30) days but disclaims in whole or in part any property or interest otherwise distributable to my wife, such property or interest so disclaimed shall be distributed to my hereinafter named trustee as trustee of the Disclaimer Trust, to be held and distributed as follows: provision herein would in operation require inclusion of said values in the taxable estate of my spouse, such provision may be amended by the Trustees, substituting for the original, that provision or direction, if any, which would best accomplish my other general objectives while keeping the values out of said taxable estate. G. Upon the death of my wife, any principal and accrued and undistributed income shall be distributed to my children, Christopher Sweeney and Ryan Sweeney, in equal shares per stirpes. If any of such beneficiaries have attained age thirty-five (35) or older they shall receive distribution outright. In the event any such beneficiaries have not then reached age thirty-five (35) their shares shall be held by my Trustee, Judith Sabatini, of Queens, New York, as provided in the following paragraphs identified and described as the "Spendthrift Trust." FOURTH: Spendthrift Trust Ifmy wife does not survive me for a period of thirty (30) days, I give the rest and residue of my estate to my children, Christopher Sweeney and Ryan Sweeney, in equal shares per stirpes. Any beneficiary age thirty-five (35) or older shall receive distribution outright. In the event a beneficiary has not then reached age thirty-five (35) his or her share shall be held by my Trustee, Judith Sabatini, of Queens, New York, as provided in the following Paragraphs: A. Trustee may accumulate the income from that share or so much thereof from time to time as it considers advisable; and trustee may expend and apply so much of net income including accumulated income and so much of the principal of that share as trustee may consider necessary for the support, maintenance, welfare and education of such beneficiary, including college education, both graduate and undergraduate. B. When such beneficiary reaches age twenty-one (21), one-fourth, (1/4) of the then remaining principal and any accumulated or undistributed income of his or her share shall be distributed to such beneficiary, absolutely. C. When such beneficiary reaches age twenty-five (25), one-third (1/3) of the then remaining principal and any accumulated or undistributed income of his or her share shall be distributed to such beneficiary, absolutely. D. When such beneficiary reaches age thirty (30), one-half (1;2) of the then remaining principal and any accumulated or undistributed income of his or her share shall be distributed to such beneficiary, absolutely. E. When such beneficiary reaches age thirty-five (35), the then remaining principal and any accumulated or undistributed income of his or her share shall be distributed to such beneficiary, absolutely. 3 F. In the event such beneficiary dies before reaching age thirty-five (35), then the remaining principal and any accumulated income of his or she share shall be distributed among his or her issue or his or her spouse as such beneficiary may appoint in his or her valid last will and testament. If such beneficiary has not made a valid last will. and testament his or her share shall be distributed to his or her issue per stirpes, or if not survived by issue then the balance shall be distributed to the siblings of such beneficary, per stirpes, or if not survived by any such heirs, then as follows: (1/6) to Judith Sabatini; (1/6) to Rosemary Montanino; (1/12) to Shawn Sweeney; (1/12) to Sabrina Sweeney; and (1;2) to Toni Petroski. G. If the ultimate beneficiaries named above are not living at the time at which distribution would be made to them under the above provisions then distribution shall be made to the intestate heirs of said beneficiary under the intestacy laws of the Commonwealth of Pennsylvania. FIFTH: Powers of Executor and Trustee My executor and trustee, and their successors, shall have the following powers in addition to those given by law to be exercised by them in their absolute discretion, which powers shall be applicable to all property held by them, effective without the order of any court and until the actual distribution of all such property: A. To retain any investments at discretion including stock of any corporate fiduciary hereunder or of a holding company controlling it; B. To invest and reinvest at discretion without the obligation to diversify and without restriction to so-called "legal investments", with the specific right to invest in stocks, bonds and real estate, including non-income producing residential real estate for the occupancy of any present income beneficiary or beneficiaries, and in such common trust, diversified, money market and mutual funds as my executor and trustee deem appropriate, including any such funds of any corporate fiduciary hereunder or any successor or affiliated corporation or a holding company controlling it; C. To sell, to grant options for the sale of, or otherwise convert any real or personal property or interest therein, at public or private sale, for such prices, at such time, in such manner and upon such terms as they may think proper, and to execute and deliver good and sufficient conveyances, assignments and transfers thereof without liability of any purchaser to see to the application of the purchase money; D. To borrow money and to secure the repayment thereof by mortgage of real or personal property, pledge of investments or otherwise, without liability on the part of the lenders to see to the application thereof; E. To compromise claims by or against my estate or any trust created hereunder; 4 F. To allocate and distribute different kinds of property or undivided interests in property among the beneficiaries or trusts, in cash or in kind, or both; G. To register investments in the name of a nominee or to hold the same unregistered in such form that they will pass by delivery; H. To join in any recapitalization, merger, reorganization or voting trust plan affecting investments; to deposit securities under agreement; to subscribe for stock and bond privileges; and generally to exercise all rights of security holders; I. To manage, operate, repair, alter or improve real estate or other property, and to lease real estate and other property upon such terms and for such period as my executor and trustee deem advisable even for more than five (5) years and beyond the duration of any trust; 1. To deduct administration expenses upon either the estate tax return or fiduciary income tax return, with or without adjustment as between principal and income, as my corporate or disinterested executor shall determine; K. To join with my wife and file any income tax or gift tax returns that may be due on my behalf and to pay so much of such taxes as deemed appropriate and to consent to any gifts made by my wife being treated as having been made one-half ( 1Iz ) by me; L. To exercise any stock options which they may receive, including stock from any source as my executor or trustee may deem necessary for the exercise of such options; and to pledge assets as my executor or trustee deems appropriate for this purpose; and M. To disclaim any interest in property without court approval; and N. To do all other acts and things necessary or appropriate in the management, administration and distribution of my estate or trust. SIXTH: Loans and Advances to Executor Trustee is further authorized in its discretion to make such loans, advances or expenditures out of the principal of the Disclaimer Trust or the trust for children as trustee may consider desirable in order to facilitate the settlement of my estate. In exercising such authority, trustee may pay in whole or in part the expenses of my last illness and burial, debts, income taxes, estate or inheritance taxes, legacies, commissions, counsel fees and other administration expenses, owing by me or by reason of my death, which payments may be made directly by trustee or to my executrix, and neither my executrix nor any beneficiary shall be required to reimburse the trustee for any funds so loaned, advanced or expended. 5 SEVENTH: Minors and Incapacitated Beneficiaries If any income or principal shall be payable to any person who shall be a minor or who shall be incapacitated for any reason, my trustee shall hold such income and principal during minority or incapacity and shall be entitled to apply such income and principal to the health, maintenance, support and education of such person during minority or incapacity without the appointment of any guardian or committee or any authority of court. My trustee shall be entitled to make direct application hereunder or to make application by payment of income and principal to the parent or other person in charge of such minor or incapacitated person, or to his or her guardian or to a custodian under the Uniform Transfers to Minors Act. Any remaining income and principal to which such person shall be entitled shall be distributed to such person upon the termination of minority or incapacity. EIGHTH: Protection of Beneficiaries (Spendthrift Provision) No interest in income or principal shall be assignable by a beneficiary or available to anyone having a claim against a beneficiary before actual payment to the beneficiary. NINTH: Payment of Death Taxes All estate, inheritance and other death taxes, together with interest and penalties payable thereon, with respect to property or interests subject to taxation by reason of my death and whether passing under my will or any codicil thereto, or otherwise, including jointly held and other non-testamentary property, shall be paid out of the principal of my residuary estate without apportionment. TENTH: Termination of Small or Impractical Trusts Whenever trustee, in its absolute discretion, determines that the size of any share held in any trust hereunder does not warrant continuing the same in trust, or its administration would be impractical for any reason, my trustee, without further responsibility: A. May pay such share to the person entitled at the time to the income from it; or 6 B. If such person is a minor or, in the opinion of my trustee, is disabled by advanced age, illness, or other condition, my trustee may pay such share to the parent or other person in charge of such minor or incapacitated person, or to his or her guardian or to a custodian under the Uniform Transfers to Minors Act. ELEVENTH: Appointment of Guardian of the Person In the event my spouse predeceases me, and I am survived by minor children, I appoint Toni Petroski, of Harrisburg, Pennsylvania, as guardian of the person of minors with power to hold all property payable by law to a guardian appointed by my will or through any trust created by my will and to use the same for the minor's health, maintenance, support and education, either directly or by payment to another whose receipt shall be a complete acquittance. My guardian, Toni Petroski, shall have the same powers as my executor and all other powers granted by law to the guardian of persons. If Toni Petroski is unable or unwilling to qualifY as guardian or, having qualified, is unable or unwilling to continue to act, I appoint Teresa Sweeney, of Walnut Port, Pennsylvania, as contingent guardian. TWELFTH: Appointment of Executor and Trustees A. I appoint, Bobbi L. Sweeney, my wife, as executrix. IfBobbi L. Sweeney is unable or unwilling to qualifY as executrix or, having qualified, is unable or unwilling to continue to act, I appoint,Judith Sabatini, of Queens, New York, as contingent executrix. B. I appoint the Judith Sabatini, of Queens, New York, as Trustee of the Spendthrift Trust created and described in the Fourth Item above. In the event Judith Sabatini is unable or unwilling to qualifY as Trustee or having qualified, is unable or willing to continue to act, I appoint Liborio Sabatini, of Queens, New York, as contingent trustee of the Spendthrift Trust. C. I appoint my wife, Bobbi L. Sweeney, as Trustee of the Disclaimer Trust created and described in the Third Item above. If Bobbi L. Sweeney is unable or unwilling to qualifY as Trustee or, having qualified, is unable or unwilling to continue to act, I appoint Judith Sabatini, as Trustee of the Disclaimer Trust. D. I appoint Judith Sabatini, as Disinterested Trustee if such a person is called upon to act hereunder. In the event Judith Sabatini fails or ceases to act under said appointment, I then appoint Liborio Sabatini, as contingent Disinterested Trustee. E. Notwithstanding anything herein contained to the contrary, my wife shall not participate in, nor have any power to make, any decisions regarding discretionary distributions of any portion of the principal of the Disclaimer Trust. Such decisions shall be made by the 7 Disinterested Trustee appointed in this Item Twelfth, Paragraph (D). THIRTEENTH: Waiver of Bond I direct that no fiduciary hereunder shall be required to furnish bond or surety in any jurisdiction they may be required to serve. FOURTEENTH: Interchangeability of Language Words used in the singular may be read to include the plural or the plural may be read as the singular. Similarly, the masculine form may be read to include the feminine and neuter; the feminine may be read to include the masculine and neuter; and the neuter may be read to include the masculine and feminine. FIFTEENTH: Headings The headings used on the paragraphs of this will are included for convenience only and shall have no legal significance. aOr# day of.93P T~1'/l8~, 1999. Signed by John T. Sweeney, the testator, as and for his will, in the presence of us, who, at his req . s es e and i e presence of each other, have signed our names as witnesses. Patricia 8 ACKNOWLEDGMENT AND AFFIDAVIT COMMONWEAL TH OF PENNSYL VANIA ) ) ) ss. COUNTY OF YORK We, John T. Sweeney, David J. Lenox, and Patricia A. Belluscio, the testator and the witnesses to the will, who have signed the instrument, having been qualified according to law, do depose and say: (a) that I, the testator, do hereby acknowledge that I signed the instrument as my will, that I signed it willingly and that I signed it as my free and voluntary act for the purposes therein expressed; and (b) that we, the witnesses, were present and saw the testator sign the instrument as his will, that he signed it willingly, that he executed it as his free and voluntary act for the purposes therein expressed; that each of us in the hearing and sight of the testator signed the will as witnesses and that to the best of our knowledge the testator was at that time 18 or more years of age, of sound mind and under no constraint or undue influence. Patricia A. Belluscio, Witness Sworn or affirmed to, subscribed and acknowledged before me by the testator, and the aforementioned witnesses, this ~6f!1 day of ~bA ),1999. ~ ~~ I.Jj P i-~_dAj' J Notary Public . My Commissl n ExpIres: Notarial Seal . S Dawn Gladfelter, Notary Public . Dillsburg Bora, York County M Commission Expires May 17,2001 e~ber, ennsylvania Association of otaries COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBelLAND ~ } 55: Estate of Sweeney, John T. No. 2001-00214 Bobbi L.'Sweeney sworn being duly Executrix Camp Hill . late of ----------------- , Cumberland County, Pa., deceased and that the . h" . t d b Bobbi L. Sweeney h 'd Executrix Wit In IS an Inven ory ma e y _, t e sa! of the entire estate of said decedent, consisting of all the personal propc!rty and real estate, except real estate outside the Commonwealth of Pennsylvania, and that the figures opposite each item of the Inventory represent it's fair value as of the date of decedent's death. " '7 ...." '" I ~';1~ ' . U \ "\ lH.2 I~Y'L..V-; , Ex cutor . Administrator ,J~-- Bobbi L. Sweeney 109 Hill crest Road according to law I deposes and says that f'he is the of the Estate of John T. Sweeney Sworn and subscribed before me, 2001 August 31st 19 e e Camp Hill, FA 17011 Addr.ss Date of Death Notarial Seal S. Dawn Gladfelter, NotwY Public DiIIsburg Bora, York COunty My Commissfon Expires May 17, 2005 Member, PennsytvaniaAssociation of Notaries 6th February Month Y.ar 2001 Day INSTRUCTIONS I. An inventory must be filed within three months after appointment of personal representative. 2. A supplement inventory must be filed within thirty days of discovery of additional assets. 3. Additional sheets may be attached as to personalty or realty 4. See Article IV. Fiduciaries Act of 1949. >- -0 CD "" I- W Q) .. a:: l- e: G ..- >- w -< ~I CD N ~ a.. I- u 0 "" r-l CD 0 0 W r-l 0 0 a:: w I ~ J: c. 001 -r-! .... ....I U. ::c: G ..- Z LL ....I -< 0 .i a.. 0 W 0 -< w E-ti 0.. ,;. 0 > Z a:: e:1 E - N Z 0 ltl c 0 =' ci "" Z ~ t) 0 a:: 0 Z w -< - a.. -a c G I - -.: 0 . i .A I -0 I CD E I - =' ..! G I ....I 0 &L lnventory of the real and personal estate of ~ John T. Sweeney deceased IBM stock, 101.64 Shares PA. State Employee's Credit Union, Account No. 0192405783 1997 Ford Explorer, 37,000 miles 11,451.78 24,05 .42 9~21 .00 Total: 44,72 .20 August 2. 1999 THE WILEY GROUP Attorneys at La"W' Wi ley · Lenox · Colgan · Marzzacco · P.c. Register of Wills Cumberland County Courthouse One Courthouse Square Carlisle. P A 17013 InRe: Estate of John T. Sweeney. deceased File Number 21-01-0214 Dear Register: Enclosed for filing please find an Inveptory, the inheritance tax return in duplicate, and the status report with regard to the above captioned estate. Also enclosed is a check in the amount of $25.00 representing the filing fee. Please return the recording receipts to my attention in the enclosed envelope. Thank you for your cooperation. Sincerely, Q~felter/Assi /dg encl. \.':. jan M. Wiley. David j. Lenox · Timothy j. Colgan · Christopher j. Marzzacco · Christine j. Taylor 1 South Baltimore Street. Dillsburg, PA 17019 · Phone: (717) 432-9666 · (800) 682-4250 · Fax: (717) 432-0426 Offices in Harrisburg · York · Carbondale JRD/June 30, 1992/17858 Estate No.: 21-01-214 JUL 0 3 2001 ~ ORPHANS' COURTDNISION COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA In Re: Estate of John T. Sweeney Late of Hampden Township NO. NOTICE OF FAILURE TO FILE CERTIFICATION AND REQUEST TO CONDUCT A HEARING PURSUANT TO RULE 5.6(e), SUPREME COURT ORPHANS' COURT RULE Personal Representative: Bobbi L. Sweeney Counsel for Personal Representative: David J. Lenox Esq. Date of Grant of Original Letters: February 23, 2001 Date of Delinquency Notice: June 2, 2001 The undersigned, Mary C. Lewis, Register of Wills, in accordance with Rule 5.6, Supreme Court Orphans' Court Rules, hereby notifies the Orphans' Court Division, Court of Common Pleas of Cumberland County, that neither the above named personal representative nor the above named counsel for the personal representative have filed with the Register of Wills or Clerk ofthe Orphans' Court his, her or its certification required by Rule 5.6(e), Supreme Court Orphans' Court Rule and that the requisite notice, pursuant to Rule 5.6(e), Supreme Court Orphans' Court Rules, was given by the Register of Wills on May 29, 2001, and that the ten (10) day notice to file the certification has expired. Accordingly, in accordance with Rule 5.6(e) the Court is hereby notified of such delinquency and the undersigned requests that a Court conduct a hearing to determine whether sanctions should be imposed upon the delinquent personal representative or counsel for the delinquent personal representative. . Date: July 3, 2001 Distribution: Personal Representative Counsel for Personal Representative Estate File A hearing is scheduled for ~..&:.I'" /I( ~l (?;3 d In Courtroom No.3. If the Certification of Notice is filed p . or to the heanng date, the hearing will automatically be cancelled. 6K ~&. L- is..~1 E CERTIFICATION OF NOTICE UNDER RULE 5.6 (a) Name of Decedent: John T. Sweeney Date of Death: February 6,2001 Estate Number: 21-01-0214 To the Register: I certify that notice of beneficial interest required by Rule 5.6 (a) of the Orphans' Court Rules was served on or mailed to the following beneficiaries of the above-captioned estate on July 3,2001: ~ Bobbi L. Sweeney Address 109 Hill Crest Rd., Camp Hill, P A 17011 Date: July 3,2001 Notice has now been given to all persons entitled th Name: David 1. Lenox, Esquire Address: One S. Baltimore St. Dillsburg, PA 17019 Telephone: (717) 432-9666 Capacity: Counsel for personal Rep. ( STATUS REPORT UNDER RULE 6.12 Name of Decedent: John T. Sweeney Date of Death: February 2. 2001 Will No. 2001-00214 Admin. No. Pursuant to rule 6.12 of the Supreme Court Orphans' Court Rules, I report the following with respect to completion of the administration of the above-captioned estate: 1. State whether administration of the estate is complete: A. Yes J No 2. If the answer is No, state when the personal representative reasonably believes that the administration will be complete: 3. If the answer to NO.1 is Yes, state the following: a. Did the personal representative file a final account with the Court? Yes No J b. The separate Orphans' Court No. (if any) for the personal representative's account is: c. Did the personal representative state an account informally to the parties in interest? Yes J No d. Copies of receipts, releases, joinders and approvals of formal or informal accounts may be filed with the Clerk of the Orphans' Court and may be attached to this report. Date: 08/31/01 -lri/.) 'j J . , ~ LJ (j; '. i 1 .~ ~ fYl P 1. t/ Sgn~ure ( Bobbi L. Sweeney Name (Please type or print) 109 Hillcrest Rd.. Camp Hill. PA 17011 Address (717) 783-9053 Tel. No. Capacity: J Personal Representative Counsel for personal representative ! &:> -d- J;}. - J~ COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF REVENUE BUREAU OF INDIVIDUAL TAXES INHERITANCE TAX DIVISION DEPT. 280601 HARRISBURG, PA 17128-0601 NOTICE OF INHERITANCE TAX APPRAISEMENT, ALLOWANCE OR DISALLOWANCE OF DEDUCTIONS AND ASSESSMENT OF TAX DAVID J LENOX ESQ THE WILEY GROUP 1 S BALTIMORE ST DILLSBURG PA 17019 DATE ESTATE OF DATE OF DEATH FILE NUMBER COUNTY ACN 10-22-2001 SWEENEY 02-06-2001 21 01-0214 CUMBERLAND 101 >S,* REY-1S47 EX AFP Ill-DO> JOHN T Allount Rellitted MAKE CHECK PAYABLE AND REMIT PAYMENT TO: REGISTER OF WILLS CUMBERLAND CO COURT HOUSE CARLISLE, PA 17013 CUT ALONG THIS LINE ~ RETAIN LOWER PORTION FOR YOUR RECORDS ~ REY=is4j-i3f-AFP--fi':f=ooY-NOYici--OF-YNHiiiiTAifcE-YA'X-APPR]risiMENT-~--AiLOWANCE-OR-------------- --- DISALLOWANCE OF DEDUCTIONS AND ASSESSMENT OF TAX ESTATE OF SWEENEY JOHN T FILE NO. 21 01-0214 ACN 101 DATE 10-22-2001 TAX RETURN "AS: (X) ACCEPTED AS FILED CHANGED RESERVATION CONCERNING FUTURE INTEREST - SEE REVERSE APPRAISED VALUE OF RETURN BASED ON: ORIGINAL RETURN 1. Real Estate (Schedule A) 2. Stocks and Bonds (Schedule B) 3. Closely Held Stock/Partnership Interest (Schedule C) 4. Mortgages/Notes Receivable (Schedule D) 5. Cash/Bank Deposits/Misc. Personal Property (Schedule E) 6. Jointly Owned Property (Schedule F) 7. Transfers (Schedule G) 8. Total Assets (1) (2) (3) (4) (5) (6) (7) .00 11.451. 78 .00 .00 33,272.42 .00 324,097.66 (8) APPROVED DEDUCTIONS AND EXEMPTIONS: 9. Funeral Expenses/Adll. Costs/Misc. Expenses (Schedule H) 10. Debts/Mortgage Liabilities/Liens (Schedule I) 11. Total Deductions 12. Net Value of Tax Return 13. Charitable/Governllental Bequestsj Non-elected 9113 Trusts (Schedule J) 14. Net Value of Estate Subject to Tax (9) lIO) 15,943.50 25.00 (11) lI2) lI3) lI4) lI5) 352,853.36 X 00 = lI6) .00 X 045 = lI7) .00 X 12 = lI8) .00 X 15 = lI9)= NOTE: To insure proper credit to your account, subllit the upper portion of this forll with your tax paYllent. 368,821.86 15.968 50 352,853.36 .00 352,853.36 TAX CREDITS: PAYMENT RECEIPT DISCOUNT (+) AMOUNT PAID DATE NUMBER INTEREST/PEN PAID (-) TOTAL TAX CREDIT .00 BALANCE OF TAX DUE .00 INTEREST AND PEN. .00 TOTAL DUE .00 . IF PAID AFTER DATE INDICATED, SEE REVERSE FOR CALCULATION OF ADDITIONAL INTEREST. IF TOTAL DUE IS LESS THAN $1, NO PAYMENT IS REQUIRED. IF TOTAL DUE IS REFLECTED AS A "CREDIT" (CR), YOU MAY BE DUE A REFUND. 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