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HomeMy WebLinkAbout07-20-06 OFFICIAL USE ONLY REV -1500 EX + (6-00) CAPB HpRL EplO CRAC KOTK ES C P o 0 R N R D E E S N T C o M P T U A T X A T I o N REV-1500 INHERITANCE TAX RETURN RESIDENT DECEDENT FILE NUMBER D E C E D E N T COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF REVENUE DEPT. 280601 HARRISBURG, PA 17128-0601 DECEDENT'S NAME (LAST, FIRST, AND MIDDLE INITIAL) Schi11in J. Nedra DATE OF DEATH (MM-DD-YEAR) SOCIAL SECURITY NUMBER 172-01-8979 THIS RETURN MUST BE FILED IN DUPLICATE WITH THE 21-05-0887 COUNTY CODE YEAR NUMBER DATE OF BIRTH (MM-DD-YEAR) 09/08/2005 08/24/1915 (IF APPLICABLE) SURVIVING SPOUSE'S NAME (LAST, FIRST, AND MIDDLE INITIAL) REGISTER OF WILLS SOCIAL SECURITY NUMBER 1, Original Return 4. Limited Estate X 6. Decedent Died Testate X 2. Supplemental Return 4a. Future Interest Compromise (date of death after 12-12-82) 7. Decedent Maintained a Living Trust 3. (date of death . Remainder Return prior to 12-13-82) 5. Federal Estate Tax Return Required 8. Total Number of Safe Deposit Boxes (Attach copy of Will) (Attach copy of Trust) o 9. Litigation Proceeds Received D 10. Spousal Poverty Credit CI 11. Election to tax under Sec. 9113(A) (date of death between 12-31-91 and 1-1-95) (Attach Sch 0) .....;!::rHI$;$~Qit~~~!iMQSTn~ei...~QMP'U'eTgl,')~~~Ri;~QBRg$P'QNQeN~e~.~Q-NFjQgN'itj~R;T~!'1i\iF()'RMA.mi()i\iY$B9P'~Q"iJi;"DiaeQ::rel,')itQ~'" NAME COMPLETE MAILING ADDRESS Jose h A. Macri, Vice-President & T.O. FIRM NAME (If Applicable) Manufacturers and Traders Trust Com an TELEPHONE NUMBER 213 Market Street Harrisburg, PA 17101 R E C A P I T U L A T I o N 717 2 5-2174 1. Real Estate (Schedule A) (1) None 2. Stocks and Bonds (Schedule B) (2) None 3. Closely Held Corporation, Partnership or (3) None Sole-Proprietorship 4. Mortgages & Notes Receivable (Schedule D) (4) None 5. Cash, Bank Deposits & Miscellaneous Personal Property (5) None (Schedule E) 6. Jointly Owned Property (Schedule F) (6) None D Separate Billing Requested 7. Inter-Vivos Transfers & Miscellaneous Non-Probate Property (7) 17,350.00 (Schedule G or L) 8. Total Gross Assets (total Lines 1-7) (8) 9. Funeral Expenses & Administrative Costs (Schedule H) (9) 18,350.00 10. Debts of Decedent, Mortgage Liabilities, & Liens (Schedule I) (10) 8,962.37 11. Total Deductions (total Lines 9 & 10) (11) 12. Net Value of Estate (Line 8 minus Line 111 (12) 13. Charitable and Governmental Bequests/See 9113 Trusts for which an election to tax has not been (13) made (Schedule J) 14. Net Value Subject to Tax (Line 12 minus Line 13) (14) 27,312.37 (9,962.37) OFFICIAL USE ONLY --'J 17,350.00 SEE INSTRUCTIONS ON REVERSE SIDE FOR APPLICABLE RATES 15. Amount of Line 14 taxable at the spousal tax rate, or transfers under Sec. 9116(a)(1.2) 16. Amount of Line 14 taxable at lineal rate 17. Amount of Line 14 taxable at sibling rate 18. Amount of Line 14 taxable at collateral rate 19. Tax Due 20. X (15) (16) (17) (18) (19) .0 0 .0 45 .12 .15 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 x X X X " \. :i,--/ Copyright (c) 2000 form software only The Lackner Group, Inc, Form REV-1500 EX (Rev,'6-00) ESTATE OF NEDRA J. SCHILLING Net Value of Estate as filed 6/8/06 $ 1,011,115.75 Additional Assets 17,350.00 $ 1,028,465.75 Less: Additional Deductions 27,312.37 Value of Estate $ 1,001,153.38 Charitable Bequests 915,389.50 Net Value Subject to Tax $ 85,763.88 Total Tax $ 12,864.58 Less: Prior Payments/Discount 12,992.61 Overpayment $ 128.03 Decedent's Complete Address: STREET ADDRESS 35 Circle Drive CITY I STATE I ZIP CarnpHil1 PA 17011 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 + B + C) (2) 0.00 3. Interest/Penalty if applicable D. Interest E. Penalty !!!WWW:~:[~~~g:~~~:W~~!~~~!I~'~tL:~!I~~:~G~~yiBI~~ii:~yli~L~gl:~~~~: 1. Total Interest/Penalty ( D + E) (3) 4. If Line 2 is greater than Line 1 + Line 3, enter the difference, This is the OVERPAYMENT. Check box on Page 1 Line 20 to request a refund (4) 5. If Line 1 + Line 3 is greater than Line 2, enter the difference, This is the TAX DUE. (5) A. Enter the interest on the tax due, (SA) B. Enter the total of Line 5 + SA This is the BALANCE DUE. (58) Make Check Payable to: REGISTER OF WILLS, AGENT :.i.!~" '1~1'~~~'~~~~!~~~I~yg~~6ig~~: 0.00 0.00 0.00 0.00 0.00 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? . . . . . . . . . . . . . . . . . . . . . . IF THE ANSWER TO ANY OF THE ABOVE QUESTIONS IS YES, YOU MUST COMPLETE SCHEDULE G AND FILE IT AS PART OF THE RETURN. Yes No ~~ o o o []J []J []J Under penalties of perjury, I declare that I have examined this return, including accompanying schedules and statements, and to the best of my knowledge and belief, it is true, correct and complete. Declaration of preparer other than the personal representative is based on all information of which preparer has any knowledge. SIGNATURE OF PERSON RESPONSIBLE FOR FILING RETURN (~.;,---, ~.~ Manufacturers and Traders Trust Company & DATE 213 Market Street Elizabeth G. Atticks - - -H~r~-i~b~i - ~ - YiA - - -i7io-i - - - - - - - - - - -- - - - - - - - - - - - - 7/''1 /O~ Manufacturers and Traders Trust Company DATE 213 Market Street - --H~r~-i~b~-i - ~ - -PA - - -17i01 - - - - - - - - - - - - - - - - - - - - - - -- 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. 9116 (a) (1.1) (i)). For dates of death on or after January 1, 1995, the tax rate imposed on the net value of transfers to or for the use of the surviving spouse is 0% [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 twenty-one years of age or younger at death to or for the use of a natural parent, an adoptive parent, or a stepparent of the child is 0% [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%, except as noted in 72 P.S. 9116( 1.2) [72 PS. 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% [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. Copyright (c) 2000 form software only The Lackner Group, Inc. Form REV-1500 EX (Rev. 6-00) REV-1510EX +(1-97) SCHEDULE G INTER-VIVOS TRANSFERS & MISC. NON-PROBATE PROPERTY COMMONWEALTH OF PENNSYLVANIA INHERIT ANCE TAX RETURN RESIDENT DECEDENT ESTATE OF J. Nedra Schilling SSfj 172-01-8979 09/08/2005 This schedule must be completed and filed if the answer to any of questions 1 through 4 on page 2 is yes. FILE NUMBER 21-05-0887 DESCRIPTION OF PROPERTY % OF ITEM RELA W8~M~,~ 1Wb~~~5~~Tr,~WJM~1f}T~EJF ~~~\fSFER. DATE OF DEATH DECD'S EXCLUSION TAXABLE VALUE NUMBER ATTACH ACOPYOF THE DEED FOR REAL ESTATE. VALUE OF ASSET INTEREST (IF APPLICABLE) 1 Unicare - Group Life 17,350.00 17,350.00 Benefit Annuity TOTAL (Also enter on line 7, Recapitulation) $ 17,350.00 (If more space is needed, insert additional sheets of the same size) Copyright (c) 1996 form software only CPSystems, Inc. Form REV-1510 EX (Rev. 1-97) REV-1511 EX +(1-97) COMMONWEALTH OF PENNSYLVANIA INHERITANCE TAX RETURN RESIDENT DECEDENT SCHEDULE H FUNERAL EXPENSES & ADMINISTRATIVE COSTS ESTATE OF J. Nedra Schilling S Sit 172 - 01 - 897 9 09/08/2005 FILE NUMBER 21-05-0887 Debts of decedent must be reported on Schedule I. ITEM NUMBER A. DESCRIPTION AMOUNT FUNERAL EXPENSES: B. ADMINISTRATIVE COSTS: 1. Personal Representative's Commissions Name of Personal Representative(s) Social Security Number(s) / EIN Number of Personal Representative(s) Street Address City State Zip Year(s) Commission Paid: 2. 3. Attorney's Fees Harry L. Br i cker, Jr. Family Exemption: (If decedent's address is not the same as claimant's, attach explanation) Claimant Street Address 18,350.00 State Zip City Relationship of Claimant to Decedent 4. Probate Fees 5. Accountant's Fees 6. Tax Return Preparer's Fees 7. Other Administrative Costs TOTAL (Also enter on line !~, Recapitulation) $ 18,350.00 (If more space is needed, insert additional sheets of the same size) Copyright (c) 1996 form software only CPSystems, Inc. Form REV-1511 EX (Rev. 1-97) REV-1512 EX +(1-97) COMMONWEALTH OF PENNSYLVANIA INHERIT ANCE TAX RETURN RESIDENT DECEDENT ESTATE OF J. Nedra Schilling SCHEDULE I DEBTS OF DECEDENT, MORTGAGE LIABILITIES, AND LIENS SSif 172-01-8979 09/08/2005 FILE NUMBER 21-05-0887 Include unreimbursed medical expenses. ITEM NUMBER 1 DESCRIPTION Harry L. Bricker, Jr. - Attorney's Fee AMOUNT 8,962.37 TOTAL (Also enter on line 10, Recapitulation) $ 8,962.37 (If more space is needed, insert additional sheets of the same size) Copyright (c) 1996 form software only CPSystems, Inc. Form REV-1512 EX (Rev. 1-97) REV-1513 EX + (9-00) SCHEDULE J BENEFICIAR IES COMMONWEALTH OF PENNSYLVANIA INHERITANCE TAX RETURN RESIDENT DECEDENT ESTATE OF J Nedra Schilling SS# 172-01-8979 09/08/2005 NUMBER I. NAME AND ADDRESS OF PERSON(S) RECEIVING PROPERTY TAXABLE DISTRIBUTIONS [include outright spousal distributions, and transfers under Sec. 9116(a)(1.2)] Elizabeth G. Atticks 824 Lisburn Road Camp Hill, PA 17011 1 RELATIONSHIP TO DECEDENT Do Not List Trustee(s) Friend FILE NUMBER 21-05-0887 AMOUNT OR SHARE OF ESTATE Life Annuity 85,763.88 ENTER DOLLAR AMTS. FOR DISTRIBUTIONS SHOWN ABOVE ON LN. 15 THRU 18, AS APPROPRIATE, ON REV 1500 COVER SHEET II. NON-TAXABLE DISTRIBUTIONS: A. SPOUSAL DISTRIBUTIONS UNDER SEC. 9113 FOR WHICH AN ELECTION TO TAX IS NOT BEING MADE 1 B. CHARITABLE AND GOVERNMENTAL DISTRIBUTIONS J. Nedra Schilling Foundation Total of Continuation Schedule(s) 3/5ths share of Residue 600,692.02 314,697.48 915,389.50 TOTAL OF PART II - ENTER TOTAL NON-TAXABLE DISTRIBUTIONS ON LINE 13 OF REV 1500 COVER SHEET $ (If more space is needed, insert additional sheets of the same size) Copyright (c) 2000 form software only The Lackner Group, Inc. Form REV-1513 EX (Rev. 9-00) Estate of: J. Nedra Schilling Soc Sec #: 172-01-8979 Date of Death: 09/08/2005 Continuation of Schedule J, Part II-B (Charitable and Governmental Bequests) Item il Description Amount or Share of Estate 2 Manufacturers and Traders Trust Company, Trustee for the Charitable Remainder Annuity Trust f/b/o Elizabeth G. Atticks. Upon the Death of Elizabeth G. Atticks, the Residual Remainder shall be distributed to the J. Nedra Schilling Foundation 2/5ths share of Residue 314,697.48 314,697.48 REV-1514EX' (9-00) SCHEDULE K LIFE ESTATE, ANNUITY & TERM CERTAIN Check Box 4 on Rev-1500 Cover Sheet ESTATE OF FILE NUMBER J. Nedra Schilling SS# 172-01-8979 09/08/2005 21-05-0887 This schedule is to be used for all single life, joint or successive life estate and term certain calculations. For dates of death prior to 5-1-89, actuarial factors for single life calculations can be obtained from the Department of Revenue, Specialty Tax Unit. Actuarial factors can be found in IRS Publication 1457, Actuarial Values, Alpha Volume for dates of death on or after 5-1-89. Indicate the type of instrument which created the future interest below and attach a copy to the tax return. COM MONWEAL TH OF PEN NSYL VANIA INHERIT ANCE T A:X RETURN RESIDENT DECEDENT Copy {fl lKJ Will o Intervivos Deed of Trust o Other NEAREST AGE AT DATE OF BIRTH DATE OF DEATH TERM OF YEARS LIFE ESTATE IS PAYABLE 1. Value of fund from which annuity is payable 2. Check appropriate block below and enter corresponding (number) Frequency of payout - 0 Weekly (52) 0 Bi-weekly (26) [K] Quarterly (4) 0 Semi-annually (2) D Annually (1) 3. Amount of payout per period 4. Aggregate annual payment, Line 2 multiplied by Line 3 5. Annuity Factor (see instructions) Interest table rate - D 3 1/2% [] 6% 0 10% 0 Variable Rate 6. Adjustment Factor (see instructions) 7. Value of annuity - If using 3 1/2%, 6%, 10%, or if variable rate and period payout is at end of period, calculation is: Line 4 x Line 5 x Line 6 If using variable rate and period payout is at beginning of period, calculation is: (Line 4 x Line 5 x Line 6) + Line 3 NAME(S) OF LIFE TENANT(S) 1. Value of fund from which life estate is payable 2. Actuarial factor per appropriate table Interest table rate - D 3 1/2% 06% 010% 3. Value of life estate (Line 1 multiplied by Line 2) NAME(S) OF ANNUITANT(S) DATE OF BIRTH Elizabeth G. Atticks 07/18/14 o Term of Years o Term of Years o Term of Years o Term of Years $ 0.00 0.00000 o Variable Rate 0.0 % $ 0.00 TERM OF YEARS ANNUITY IS PAYABLE 91 400,461. 36 4 o Monthly (12) o Other ( ) 6,006.92 24,027.68 0.0 3.5042 1.0186 % 85,763.88 0.00 NOTE: The values of the funds which create the above future interests must be reported as part of the estate assets on Schedules A through G of this tax return. The resulting life or annuity interest(s) should be reported at the appropriate tax rate on Lines 13, 15, 16, 17 and 18. (If more space is needed, insert additional sheets of the same size) Copyright (c) 2000 form software only The Lackner Group, Inc. Form REV-1514 EX (Rev. 9-00) 1~ ~ ~ ~ ~ ~ ,': . LAST WILL AND TESTAMENT OF, ' J. NEDRA SCHILLING .;; ~ -~.~. ":';.:;" ~)j;,!!:Jf,~' I, J. NEDRA SCH~h~W'~;i..an:~~itiJf:iR~'\yidual, of the Borough of Camp Hill, County of Cumberland, and Commonwealth of Pennsylvania, being of sound and disposing mind, memory and understanding, do make, publish and declare this to be my Last Will and Testament, hereby revoking and making void any and all Wills or testamentary writings by me at any time heretofore made. FIRST: I direct that all my debts, funeral expenses and inheritance taxes be paid by my personal representatives, hereinafter named, as soon after my death as may be practicable. SECOND: In the event my friend, Elizabeth G. Atticks, who presently resides at 1124 Columbus Avenue, Lemoyne, Pennsylvania, is"nving on the 31 st day following my death, I give, devise and bequeath my horne, situate at 53 Circle Drive, Camp Hill, Pennsylvania 17011, or any other home which may be my principal place of abode together with all policies of insuranc.eoJ) said.r~~H?', to my friend, Elizabeth G. Atticks for and during the term of her natural life SO)pn9' a.s she pays all costs of maintenance thereof, including taxes, assessme~ts,insuraElc~ ;~nd ordinary repairs, said property to : :1 be insured in a reasonable amoun~insl!ring t~e,in}?rest of the remaindermen as wall as ': 'li ~~;!,~~ ;....:;\,t:. herself. Upon the death of Eliz~~~J./:i:~, Atti~~fj;I;~Jf~,ct my Executor, hereinafter named, :' ,~~..,~, , .,!:" >~ !::~. ....!. ;.! to transfer said realty to the J. Nedra SchillJng F:9undation. THIRD: I give and bequeath my personal effects, my clothing, jewelry, silver . and China, to Elizabeth G. Atticks if she is living on the 31st day following my death. FOURTH: I give, devise and bequeath all the rest, residue and remainder of my Estate, be it real, personal and mi>;ed, of whatever nature and wheresoever the same may be situate, as follows: A. If Elizabeth G. Atticks does not survive me, all thereof outright to the J. Nedra Schilling Foundation. B. If Elizabeth G. Atticks survives me, three-fifths (3/5) thereof outright to the J. Nedra Schilling Foundation and tWQ-fifths (2/5) thereof to Dauphin Deposit Bank , i,.' :f , 4 ~ ~ ~ i'," i . , . ':. :, ',-- and Trust Company, as Trustee,to be helcFii1~rtJst and administered and distributed in . '.: - :.i. ~.' '",~,:, I f ... :-~ ,:. . .: -'. !,' accordance. with the following: p'ri:uy'isiotisWi:il~ :l!f\my intention to establish a charitable ; ," ! p,"';p:' 'A J~~~':115: ";j ;,'f remainder annuity trust within th~ rheaniI1g' oiSection 6 of Rev. Proc, 90-32 and Section 664(d)(1) of the Internal Revenue Code (hereinafter referred to as "the Code"), 1. Payment Df Annuity Amount. In each taxable year of the Trust, the Trustee shall pay to Elizabeth G. Atticks (hereinafter referred 10 as the "Recipient"), during the Recipient'S life, an' annuity amount equal to six percent (6%) of the net fair market value of the a,ssets passing in trust as finally determined for federal tax purposes; provided, however, that the payout percentage (as adjusted to reflect the timing and frequency of the annuity payments) shall not exceed the percentage that would result in a 5 percent probability that the Trust corpus will be exhausted before the death of the Recipient determined as of the d"He of my death (or the alternate valuation date, if applicable). The annuity amount shall be paid in equal quarterly amounts, at the end of each quarter, from income and,' to th,?-8xtent that income is not sufficient, from principal. Any income of the Trust for a taxable year in excess of the annuity amount shall be added to principal. If the net fair m~rket value of the Trust assets is incorrectly determined, then within a q'1~~~nat;>le p~tioq lf~er the value is finally determined for , : " ". ';i .;~, federal tax purposes, the ;~rUi~\~~e::; s~i:l.t:!trfcf~ the Recipient (in the case of an undervaluation) or receive from tl1e Recipiel1tl(i(1 the case of an overvaluation) an amount equal to the difference between the annuity amount(s) properly payable and the annuity amount(s) actually paid. 2. Deferral Provision. The obligation to pay the annuity amount shalf commence with the date of my death, but payment of the annuity amount may be deferred from such date until the end of the taxable year of the Trust in which occurs the complete funding of the Trust. Within a reasonable time after the end of the taxable year in which the complete funding of the Trust occurs, the Trustee must pay to the Recipient (in the case of an underpayment) or receive from the Recipient (in the case of an overpayment) the difference between:, (1) qny annuity amounts actually paid, plus interest, compounded annually, computedtW:any period at the rate of interest that the federal income tax regulations under sectio~ i6~4 of the Code prescribe for the Trust for "f-':'..:!;; , I. ~ /' 1 "., <\.." ~ fit:.: , , ' l;~ ,r,v\'J({r, :';::!'~ 1,:,( ['in: d }, such computation for such period; and (2) the annuity amounts pay'able, plus interest, compounded annually, computed for any period at the rate of interest that the federal income tax regulations under section 664 prescribe for the Trust for such computation for such period. 3. Proration of the Annuitv Amount. In determining the annuity amount, the Trustee shall prorate the same on a daily basis for a short taxable year and for the taxable year ending with the Recipient's death. 4. Distribution to Charity. Upon the death of the Recipient, the Trustee shall distribute all of the then principal and income of the Trust (other than any , -) amount due the Recipient or the Recipient's estate under provisions above) to the J. ; ;./ '~I Nedra Schilling Foundation ("Foundation"), If, the Foundation is not an organization ". .' ; "1"i,q.p1 described in sections 170(c) and 2055(a) ohhe Code at the time when any principal or income of the Trust is to be distributed to it, then the Trustee shall distribute such principal or income to such one or more organizations described in sections 170(c) and . .. ".:' n-,,' 2055(a) as the Trustee shall seiect in its s'ole discretion. ; :i: II\~~ ;: },> i ,; i: ': ;.:. 5. Additr'cin~1 Co~trib'tjtiolls. No additional contributions shall be made to the Trust after the initial contribution. The initial contribution, however, shall be deemed to consist of all property passing to the Trust by reason of my death. 6. Prohibited Transactions. The Trustee shall mak.e distributions at such time and in such manner as not to subject the Trust to tax under section 4942 of the Code. Except for the payment of the annuity amount to the Recipient, the Trustee shall not engage in any act of self-dealing, as defined in section 4941 (d) of the Code, and shall not make any taxable expenditures, as defined in section 4945(d) of the Code. The Trustee shall not make any investments that jeopardize the charitable purpose of the Trust, within the meaning of section 4944 of th~ Code and the regulations thereunder, or retain any excess business holdings, within lhe:~eaning of section 4943(c) of the Code. 7. Taxable Year.' The'taxable year of the Trust shall be the l\.;:J "..i calendar year. , , ' " ,i'i 8. PDWers of Trustee. In addition to the powers, authorities and discretion granted to it by common law" statu~~ or under any rule of court, I hereby expressly authorize and empowe[thE!'Trust'e~to;\exercise the powers set forth below. All ; ! ~ 1 ,,~, ;.: , l;i.li'.:.!~'-;\ 'r' .K ~ i ~ ~ ~ ~ powers granted to the Trustee, whether by law or by this Will, are subject to such limitations as are set forth elsewhere in this Will and are subject to the provisions of section 664 of the Code and the regulations and Treasury determinations thereunder, and all such powers shall be exercised only in a manner consistent with the qualification of this Trust as a charitable remainder annuity trust under section 664(d)(1) of the Code. (a) To invest and reinvest in real or leasehold property, tangible or intangible personal property, cOrl'!mon trust funds, mutual funds, common .' .._.1," stocks, preferred stDcks, bDnd~; and deberjt9res, all as the Trustee may consider , - : '.' . ;.'.' ::/: i '.;'~ advisable or proper, without application to, orthe approval of, any court and without being ", t',: restricted as to the character of.cinyinvestlll, enf,of Trust funds. , . ;. :. \ . . ~ ; (b) TD sell, lease, imprDve, partition, mortgage, or exchange ; ; , . ::! ,; .*1. , ';- :".: any and all property at any time 'forming 9:~ pan' of the trust, in such manner, for such ,. f. "r:' I .,",: ". . ~:il: ~ I'f'1' '~ _,;, I ..:,. ~ - lI'i II . ~ /"',;' purposes and upon such te~~s.!M::1i~e T~U~:~~:~,*Y deem advisable. (c) To vote in person orby proxy with respect to any shares of stock or other securities held by it, for any purpDse, and tD take any action which the Trustee may deem necessary or proper in connection therewith, participate in any voting trust, merger or reorganization and to hold investments in the name of a nominee. (d) Toqorrowi or a,dvance money for purposes connected with the protection, preservation or improvement of any trust, and create one or more mortgages on, or pledges of, any part or all of the property included in such trust, wherever the Trustee shall deem the same in its judgment advisable. (e) To pay, compromise, compound, extend, modify, renew, adjust, submit to arbitration, sell Qr release any; claims or demands of the trust against . ~ .f others or of others against such trust as ;the; T~4.$tee shall deem advisable and to make " . i"j any payments in connection ther~VI'it~. .. "!.: (f) To.e?Cec;ut~,,' :a(,:knowledge and deliver any and all instruments in writing which the Truste~ may; qeem advisable to carry out any of the :, !J powers described herein, inclLlc;iing the, pow~f foG .l'll.dicate any division or distribution of any .,'; .. ',: :i:7 trust by deeds or other writin~.f:9r;j?~~furrj.r.fWM~~rded among the public records of any jurisdiction where any such property may be Ipcated. No party to any such instrument in writing signed by the Trustee shall be bound to see the application by the Trustee of ,~ ~ j ~ ~ any money or other property paid and delivered to it pursuant to the terms of such instrument. 9. Provisions Reaardina Trustee. (a) Any.Trustee, ma~4esign at any time. Such resignation shall be effective upon thirty (30) pays writ1~n'!n~tice delivered or mailed to the then , ' '. ~ . '!: ::' current adu!! beneficiary of the Trust.. : . '. ~ \ I ',,; (:':. ~ ,,: without bond. (b) The Trustee., ofi,t!lis,:Trust shall serve as such at all times The Trustee shall not be requir,e;d..io\file an inventory or annual report with . .' ., ; ;l' :.! \ ~\"";ltJ. ;<j~; .~~t~i any court. (c) Jr:r,~~.~~tusf1~:tif,~J!~ ge entftled to compensation as calculated under its schedule of fees publi,shEidffom time to time. If the portion of the annual fee payable to the Trustee is less t,han\he minimum annual commission then charged by the Trustee for administering similar trusts, the Trustee shall be entitled to receive from the principal of the Trust a fee equai to the difference between said minimum annual commission and the annual fee payable to the Trustee from the Trust. (d) Trustee compensation, taxes, and other reasonable Trust expenses shall be charged against the principal of the Trust, and no part thereof shall be apportioned against the amounts payable under paragraph B.1 of Item Fifth of this Will. 10. Governina Law. The operation of the Trust shall be governed by the laws of Pennsylvania. The Trus.tee, how!3yer, is prohibited from exercising any power or discretion granted undeLs~id ,IClY\'~..,tpat would be inconsistent with the qualification of the Trust under secHon 664(d).,;1):Of the Code and the corresponding regulations. ; '.... I' ("':"IT 11. limited Power of Amendment. The Trustee shall have the ~ .... I power, acting alone to amend t~e T.~ust in any ma~ner required for the sole purpose of " \. ~:' . ,-j, ,.: ~'. :\'! ensuring that the Trust qualifj~~: ~qqi~onJi[i~~t9.;,;qualify as a charitable remainder '.~ '. ..\ ~l. ~h" , ~l" (:; f1;:. :' ~ :- annuity trust within the meaning of section 664(q)'(1) of the Code. 12. Investment of Trust Assets. Nothing herein shall be construed to restrict the Trustee from investing the Trust assets in a manner that could resu'lt in the annual realization of a reasonable amount of income or gain from the sale or disposition of Trust assets. t:. .~ ~ 'i ~ ~ FIFTH: I hereby nominate, const,it,~\e, and appoint Dauphin Deposit Bank and Trust Company and Elizabeth G, Atticksto. ~e'~ve as co-Executors of this, my Last Will ,~. .. " ; . ~ ' ri ,:'; .' ;Fh ' and Testament providing however,.should.8ither fail to qualify or cease to act as co- ,. , ;,' -; ".~' I ~ r :: f :; : ' ,~ :1 Executor of this, my Last WiHand Testament; I.hereby nominate, constitute, and appoint . '. . .i'", 'i. the other as sole executor. I further direct that the personal representatives shall serve ,:: ; . " t. ': ,. :,~ :: ~.J without bond. Said persona:i{e~r~:~entativtf I~~~II have the power to discharge all the . . . ,~ . '.' . , . , debts, liens and encumbranc..eS,~P:9.n .myE$.t;3.te;..:~s well as any taxes thereon, to pay for .. ~,;' ". IJhl't;\~S:..,' -t'!f~~ bt)... \. '. ;. /';"'1 ': t I , . : ;,"' t:'~' i:; i " ~i . - ; the cost of the final disposition of my remai~sial,ld final illness, if any, to receive any and . . I.. all commissions and other compe,nsation for s7rvices rendered by me during my lifetime and to perform any and all fiduciary duti.es authorized by statute. Further, I direct my personal representatives to preserve my Estate and any instructions pertaining to the distribution of the same from any attachment 'or anticipation while in the hands of my personal representative, it being my express intent that all legacies shall be free from any attachment or anticipation while in the hands of the accountant for my Estate. SIXTH: In order to clarify the position of Dauphin Deposit Bank and Trust Company and Elizabeth G. Atticks as co-Executors I herestate that over the years I have had a very high opinion of Dauphin Deposi.t,fanl< and Trust Company and its Trust Department and its professionalis,m in admL~l~W{ing Estates. Similarly, I have an equally , :. " ! '; - ;.' ~ i'~ . H high opinion of Elizabeth G,. Attic~~; s~ec.i,~.: ~:good Christian woman who is highly , ;' . '.. :'-~~ 'j, ;,. . intelligent and who possesses,the highe9t:9~ri';8 of integrity. These are my reasons for naming both as co-Executors. Additior,l,ally, ~t)!> my reCluest and I hereby direct that . r .~. ", .:~., Elizabeth G. Atticks receive th~~i'lr;n~ Exe(::v~,or'~ j,ee as is received by Dauphin Deposit :::~f:l':',j, ":}:~d.!:~~.i Bank and Trust Company. I Rjr~~H-I;lat t~Ej)~9~Yffi!ilnt be made to her from my Estate as :: ,'\ ~ltt~:~.t}~ ! ~:\:1'1~~i~~ ~;1!~ '. a charge against my Estate. . . '. "" / SEVENTH: I hereby qirect th,at all tax.!,!::? attributable to the passing of any assets by means of this Will or otherwise, or that may b.e assessed in consequence of my death, of whatever nature and by whatever jurisdiction imposed, shall be paid from the residuary of my estate as a part of the expense of the administration of my estate. 6 'i: IN WITNESS WHEREOF" i, .;1; NEPF.!A SCHiLLING, have signed, sealed, published and declared this to be my, Last Will and Testament, consisting of this and two ", "; , ; ~ (2) additional pages in the margin preach df,wli1jc~ j. have also set my hand for greater "1 ;., ~: I. -., : :;~ ,\ ' . -< . security and belier identificatio:~!.~~~,:.#,i~ ~i~~Jj~f:rf?1cor ,1998. . . ttif.u4~ (SEAL) 6. Nedra Schilling The preceding instrument, corisisting of this and two (2) other typewritten page, each identified by the signature of the}estatrix, was on the day and date hereof signed, sealed, published and declared by J. NEDRA SCHILLING, Testatrix herein named as and for her Last Will, in the presence of us, who at her request, in her presencl3 and in the presence of each other have hereunto subscribed our names as witnesses hereto. We further certify that at the time of ,he execution hereof, the said J. NEDRA SCHILLING was of sound and di posin7mi d, memory and und~~standing. of .3.fA'.l. LIlI2A ~'-;l D~l\)c H~I~Q.I.~evr.t6\ A4- /'7117> :! ;! '~', t ~o,m~",Of~~'L:; 1~~~~~:,\ 1\ ,"\l~,'J. ,; ,';"I"..J I ~ :. ':;; !::if:; f:!}~ .,t ~. ~\ COMMONWEALTH OF PENNSYLVANIA ) SS: COUNTY OF DAUPHIN I, J. NEDRA SCHILLING, Testatrix. whose name is signed to the aliached or foregoing instrument, having been duly qualified ac~ording to law, do hereby acknowledge that I signed and executed the instrument as my Last Will and Testament; that I signed it willingly; and that I signed it as my free and voluntary act for the purposes therein expressed. Sworn or affir,ed to and aCk~~ before me by J. NEDRA SCHILLING, the Testatrix, this 6{ day of' 1998. / I)' / . L,:/~)l:.it!A:j:;v)t//:[;u~V/Y , ,Notary ~blic My'.commission expires: (SEAL) 'to Nolarial Seal Mar:_~~!..~a~'?'~~~~'?~~y'.~~liC -: ,r 1 ~ ~ ~ ~- ~~ i:~"'~ , , I, " - J:i ~ \!~...;~: i :~, )1<- :~~. , ;\ ";;, l,i~)!,~ ';~!H COMMONWEALTH OF PENNSYLVANIA SS: COUNTY OF DAUPHIN We, ~u t>\.s:\r,u<.J.; a~d I~ aJyt~, the witnesses whose names are signed to tne attached or foregoing instrume ,being duly Qualified according to law, do depose and say that we were present and saw J. NEDRA SCHilLING, Testatrix, sign and executEi the instrument as her Last Will and Testament; that J. NEDRA SCHILLING signed willingly, and that she executed it a:s her free and voluntary act for the purposes therein expressed; that each of us in the hearing and sight of the Testatrix signed 'the Will as .wI~lesses; and that to the best of our knowledge, the Testatrix was at that time 18 or J~Dre years of age, of sound mind, and under no constraint or undue influence. ." '.:!" ">",I"J 'j 4I-k o)n.~ Sworn to and subscribed before me this ~l/-~ day of Ln(!-hi ~ 1998. loJ;~~/)~:<~ 'Notiry ublic My commission expires: (SEAL) " ~~ Iii NDlarial Seal i i. . Mary Ann AnoernDn., Notary Public Harrisburg, Dauphin County My: COmmission E>;pirasOc;t. 3D, 199B t.;,......y..,;.t: p~"",~I'">i::. !~,.~-;~!bnl)'f"'.!nt.?~ .~ ~~ ~ ~ ~. \l ~ ~ ~~___ __ ___._---lV .......--- ATTOR.NEY AT U-W THE CAMERON MA,N510N .07 NORT"~ FaON'T 5-r~e:E:T 1L-\..Rn.I.SBURG-, l?'ENNSYL'V.A.h"IA 1."101-12.9& (717) Z:;S:;"Z.S5~ FIRST CODICIL TO LAST WiLL AND tESTAMENT OF J. NEDRA SCHILLING I, J. NEDRA SCHILLING, an adult, individual, of the Borough of Camp Hill, County of Cumberland and Common~~alth of Pe~nsylvania, being of sound and disposing ~. mind, memory and understanding, do~ake, publ~h and declare this to be my First Codicil !" ~ .; , l!i to my Last Will and Testament, which Last Wiir~nd Testament is dated May 28, '1998. FIRST: I hereby revoke Items S.9cond and Third of my Last Will and Testament. ,,' ~i~\ . SECOND: In all ;pth~~!respects:n~her.~~ ratify, confirm and republish my . .' . ~ ' Last Will and Testament dated May 28, 199B, tog~{h~r with this First Codicil as and for my Last Will and Testament. IN WITNESS WHEREOF, I, J. NEDRA SCHILLING, have signed, sealed, published and declared this to be my First Codici/'to my 'last Will and Testament consisting of this \;" and one additional page in the margin of each of whiCh I have also set my hand for greater security and better identification this "2...,.:;.- day of r-::> ~ .......~ ,2000. ())~~~ (SEAL) . FJ:.N'&dra Schilling .9 .~lf~ . I ; .. ';\ :" r ,: ;;, :i~ t ~ ~) >; ,. ;. t .1 "., ;.' i!~ ~: il ! J 1,..- .;; . .J ::'11 ~'.il '~',: i ! .; II ,~:.J ,!!, ;r, ~. I; i.; ;1L,.! :,;.,i! ,~..- I :~ .~ ~ ~ ~ K ~ . . ..; \,' - - ~...,......... - -'-. -. .~ - . . . .- " . ". . . --. - - ~,- -~The'preceding'-,nstniment, Consisting of this and one other typewritten page each identified by the signature of the testatrix was Dn the day and date hereof signed, sealed, published and declared by J. NEDRA SCHILLING, the testatrix herein named as and for her First Codicil to Last Will, in the presence of us, who at her request, in her presence and in the presence of each other have hereunto subscribed our names as witnesses hereto. We further certify that at the time of the execution hereof, the said J. NEDRA SCHILLING was of sound and disposing mind, memory and understanding. ~~-:::::;",~ ~ . ~ I~~i&<t:~ WA-UJ) ~~--t?~ ',~ r1 . i "1' - \J I ~" . :,,:1 'I. COMMONWEALTH OF PENNSYLVANIA COUNTY OF DAUPHIN . ~;.. of .~i.CJ.\, \~~~_~- 0~~~'",^ " . ,~; .-::; of :(/01- U: :lJA ~vrL Q)l. '" . ". I . ,1t~AA~-<WI<:*?';?P 17/0/ i~ " ,,- Cl -r-V p'/ qf ."&dt/7 ,I'l' ;;< ( k-f-.<- ~. . ( ',.1.)/:.: . /) '/L''1'~ if/? /7/~'1. -.: (/ ~S: I, J. NEDRA SCHilLING, Testatrix whose name is signed to the attached or foregoing instrument, having been duly qualified according to law, do hereby acknowledge that I signed and executed the instrument as my First Codicil to my Last Will and purposes therein expressed. Testament; that I signed it willingly; and that I signed it as my free and voluntary act for the 1- ~.;'" Testatrix, this ';;.s it Swom or affirmed to and acknowledged befdr~~e by J. NEDRA SCHilLING, the day. of. . (of~~VA. " . l. , L' :'; .2000 ", ,'J .,!.:. cz)~A/ j 'k~~ No.~~ ~.ublic My lCbbmission expires: (-/; '1/a '8--_ . (SPkI) i:; 7 ' '.:, J~::"/,,~/( NOTARIAL S~L AGNES G. NICHIGI, Notary Public Hamsburg, Dauphin Gounty My Commission Expires June 19, 2002 Member, Pennsylvania Association of Notaries 2 ~ ,~ J r\- \~ \.~ COMMONWEALTH OF PENNSYLVANlA COUNTY OF DAUPHIN ., :t7: Sworn to and SUbscribCf bef~ rTie this :J 0- 64 day of "A"P;, f/'c. jjJ~); /iA-V;;' ,J, '>z.:, ~ k1'~ .: Nota. Public My 1mission expires: t. If 9/<1' :;c (SEAL) NOTARIAL SEAl AGNES, G. NICHICI. Notary PUblfc HllffiSburg. Dauphin County . . . My Commission expires June 19. 2002 Momber, PBllnsyIvanla Assoctatltlll 01 NOlalles . ' : t':':.i i'.. ~ :; ,~::: ~; ; d.' , .iL';~!..! ); .. 88: \) '. ....:.:j ,j ,2000 " ,; ;, ~ . l~ . :' ~ ..f.. '. " _: ."' :, " ~ -;-;' .\ ,.,', , ,', ',:,~~;!l(; ,.;!lff\f!\(!~r . . 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