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HomeMy WebLinkAbout08-25-06 REV -1500 EX.. (6-00) W I- :::.:::::;(/) u"'''' wa.u ",00 u"'..J a. CD a. <( .~ ~ REV-1500 INHERITANCE TAX RETURN RESIDENT DECEDENT COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF REVENUE DEPT. 280601 HARRISBURG, PA 17128-0601 DECEDENT S NAME (LAST, FIRST, AND MIDDLE INITIAL) Schwab, Don A. I- Z W '" W U w '" DATE OF DEATH (MM-DD-YEAR) DATE OF BIR~H (MM-DD-YEAR) 01/12/2006 08/16/1935 (IF APPLICABLE) SURVIVING SPOUSE'S NAME ( LAST, FIRST AND MIDDLE INITIAL) Schwab, Elizabeth M_ ~ 1 Original Return o 4 Limited Estate ~ o 6 Decedent Died Testate (Attach copy of Will) 9. Litigation Proceeds Received 02 o 4a, 07 o 10. Supplemental Return I- Z w o z o a. FIRM NAME (If applIcable) Stephen L Bloom, Esquire TELEPHONE NUMBER 71 7/249- 7717 Real Estate (Schedule A) 2. Stocks and Bonds (Schedule B) 3. Closely Held Corporation, Partnership or Sole-Proprietorship 4. Mortgages & Notes Receivable (Schedule D) 5. Cash, Bank Deposits & Miscellaneous Personal Property (Schedule E) 6. Jointly Owned Property (Schedule F) o Separate Billing Requested 7. Inter-Vivos Transfers & Miscellaneous Non-Probate Property (Schedule G or L) 8. Total Gross Assets (total Lines 1-7) 9. Funeral Expenses & Administrative Costs (Schedule H) 10. Debts of Decedent, Mortgage Liabilities, & Liens (Schedule I) 11. Total Deductions (total Lines 9 & 10) 12. Net Value of Estate (Line 8 minus Line 11) FILE NUMBER 21 06 COUNTY COrlE YEAR SOCIAL SECURITY NUMBER 344-28-9911 00057 NUMGEn THIS RETURN MUST BE FILED IN DUPLICATE WITH THE 321-30-4989 REGISTER OF WILLS SOCIAL SECURITY NUMBER o 3 Remainder Return (dale 01 dGalh prior 1012-13-82) o o 5 Federal Estate Tax Return Requi'ed o 8. Total Number of Safe Deposit Boxes 11. Election to tax under Sec. 9113(A) (Attach Sch 0) 2100 Longs Gap Road Carlisle, PA 17013 (1) None (2) 1,014,585.20 (3) None (4) None (5) 2,163.97 (6) None (7) 282,585.19 (9) 25,720.94 (10) (8) (11 ) 1.:273,613.42 (12) 13. Charitable and Governmental Bequests/Sec 9113 Trusts for which an election to tax has not been llade (Schedule J) 14. Net Value Subject to Tax (Line 12 minus Line 13) FutU8 Interest Compromise (date of death after 12-12-82) Decedent Maintained a Living Trust (AUach copy of Trust) Spousal Poverty Credit (date of death between 12~31~1 an(il-L:95) THIS SECTION MU~!:BEnCOMPLETED.ALLCO~RE~Ot-l'pEI'IGE ANDG()NFIDENTIALT~X It-JF()RMATION SHOULD BE DIRECTED TO: NAME COMPLETE MAILING ADDRESS Stephen L. Bloom SEE INSTRUCTIONS ON REVERSE SIDE FOR APPLICABLE RATES 15)\mOunt of Line 14 taxable at the spousal tax rate, or transfers under Sec. 9116(a)(1.2) z o ;:: <( I- ::> a. :E o u >< <( I- 16.flmount of Line 14 taxable at lineal rate 17. f\mOunt of Line 14 taxable at sibling rate 18 Amount of Line 14 taxable at collateral rate 19. Tax Due (13) 1,299,334.36 25,720.94 1,273.613.42 (14) 799,419.13 x .00 (15) 474,194.29 x .045 (16) x .12 (17) x .15 (18) (19) 0.00 21,338.74 CHECK HERE IF YOU ARE REQUESTING A REFUND OF AN OVERPAYMENT. 20. ~ >>BE SURE TO ANSWER ALL QUESTIONS ON REVERSE SIDE AND RECHECK MATH<< Form REV-1500 EX (Rev. 6-00) Copyright 2000 form software only The Lackner Group, Inc. 21.33874 Decedent's Complete Address: bSTREET ADDRESS 51 Derbyshire Drive CITY Carlisle STATE PA Tax Payments and Credits: 1. Tax Due (Page 1 Line 19) 2. Credits/Payments A. Spousal Poverty Credit B, Prior Payments C, Discount 21,000,00 1,066,93 Total Credits (A + B + C) 3, InterestlPenalty if applicable D, Interest E, Penalty TotallnterestlPenalty (D + E) 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 5, If Line 1 + Line 3 is greater than Line 2, enter the difference This is the TAX DUE, A, Enter the interest on the tax due, B, Enter the total of Line 5 + 5A. This is the BALANCE DUE, Make Check Payable to: REGISTER OF WILLS, AGENT ZIP 17013 (1) (2) (3) (4) (5) (5A) (5B) :21,338,]4 22,066,93 0.00 728,19 0.00 PLEASE ANSWER THE FOLLOWING QUESTIONS BY PLACING AN "X" IN THE APPROPRIATE BLOCKS 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?"""""""""""""""", ~:, 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?.. Yes D D B o o ~ No ~ ; !81 ~ o 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 perjury, I declare that I have examined thiS return, inc!udlng accompanying schedules and statements, and to the best of my knowledge and belief, It IS true. correct and complete Declaration of preparer other nlan the personal representative is based on all informatioCl of which pre parer has any knowledge SIGNATURE OF PERSON RESPONSIBLE FOR FILING RETURN ADDRESS Mi~~el 'l.S~ell~' /~( 44.-/1: ,~/L/YI SIGNATURE OF RSOr<l RESPONSIBLE FOR FILING RETURN 2636 Vhay Lane Bloomfiefd Hills, MI 48304 ADDRESS SIGNATURE OF PREPARER OTIj&R;THAfj Stephen L. Bloom ~-L ___----7~/ ( ADDRESS 2100 Lon,gs Gap Road Carlisle, t"A 17013 DATE 7 /-0'- .~f / - , " DAT DA7E '7;--~ /c (~ 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, 59116 (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, 59116 (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, 59116 (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 S9116 1.2) [72 PS 59116 (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 PS, 59116 (a) (13)] 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. ESTATE OF SCHEDULE B STOCKS & BONDS COI\l\MONWEALTH OF PENNSYLVANIA INHERITANCE TAX RETURN RESIDENT DECEDENT Schwab, Don A. FILE NUMBER 21 - 06 - 00057 All property jointly-owned with right of survivorship must be disclosed on Schedule F. ITEM NUMBER I DESCRIPTION UNIT VALUE VALUE AT DATE OF DEATH 1,014,585.20 1,014,585.20 Wienken & Associates/USAA Brokerage Account #64029087 TOTAL (Also enter on line 2, Recapitulation) ,., I' \ ,'if:~, - SCHEDULE E CASH, BANK DEPOSITS, & MISC. PERSONAL PROPERTY COMMONWEALTH OF PENNSYLVANIA INHERITANCE TAX RETURN RESIDENT DECEDENT ESTATE OF Schwab, Don A. FILE NUMBER 21 - 06 - 00057 Include the proceeds of litigation and the date the proceeds were received by the estate. All property jointly-owned with the right of survivorship must be disclosed on schedule F. ITEM NUMBER 1 DESCRIPTION VALUE AT DATE OF DEATH :2,163.97 Wienken & Associates/USAA Subscribers Savings Account TOTAL (Also enter on Line 5, Recapitulation) 2,163.97 SCHEDULE G INTER-VIVOS TRANSFERS & MISC. NON-PROBATE PROPERTY COMMONWEALTH OF PENNSYLVANIA INHERITANCE TAX RETURN RESIDENT DECEDENT Schwab, Don A. FILE NUMBER 21 - 06 - 00057 ESTATE OF ITEM NUMBER This schedule must be completed and filed if the answer to any of questions 1 through 4 on page 2 is yes. DESCRIPTION OF PROPERTY Include the name of the transferee. their relationship to decedent and the date of transfer Attach a copy of the deed for real es'.ate DATE OF DEATH VALUE OF ASSET %OF DECO'S INTEREST EXCLUSION (IF APf'LlCABLE) TAXABLE VALUE Wienken & Associates/USAA Annuity Contract #V] 5984 27,714.80 100o/r 27,7 ]4.80 2 Wienken & Associates/Hartford Life Annuity Contract #711044422 15U65.11 100'1, 15 1.165 11 3 Wienken & AssociatesfNationwide Annuity Contract #0204265700 57,600.29 100o/r 57,600.29 4 Wienken & Associates/T. Rowe Price Roth IRA Account #1018351037-1 46,104.99 lOork 46.104.99 TOTAL (Also enter on line 7, Recapitulation) 282,585.19 ESTATE OF ITEM NUMBER A. B. SCHEDULE H FUNERAL EXPENSES & ADIVIINISTRATIVE COSTS 7.83850 926.4 1 12.500.00 3.500.00 664.00 12.00 68.00 75.00 137.03 25,720.94 COMMONWEALTH OF PENNSYLVANIA INHERITANCE TAX RETURN RESIDENT DECEDENT Schwab. Don A. FILE NUMBER 21 - 06 - 00057 Debts of decedent must be reported on Schedule I. DESCRIPTION AMOUNT FUNERAL EXPENSES: Hoffman-Roth Funeral Home. Inc. 2 Funeral Luncheon - Comfort Suites ADMINISTRATIVE COSTS: 1. Personal Representative's Commissions Social Security Number(s) / EIN Number of Personal Representative(s): Street Address City Year(s) Commission paid State _ Zip 2. Attorney's Fees Stephen L. Bloom, Esquire -- Stephen L. Bloom 3. Family Exemption: (If decedent's address is not the same as claimant's, attach explanation) Claimant Elizabeth M. Schwab Street Address 51 Derbyshire Drive City Carlisle State P A Spouse 17013 Zip Relationship of Claimant to Decedent 4. Cumberland County - Register of Wills Cumberland County - Register of Wills Cumberland County - Register of Wills Probate Fees 5. Accountant's Fees 6. Tax Return Preparer's Fees 7. I Other Administrative Costs Cumberland Law Journal - Publication of Legal Notices 2 The Sentinel - Publication of Legal Notices TOTAL (Also enter on line 9, Recapitulation) FILE NUMBER 21 -06-00057 RELATIONSHIP TO DECEDENT Do Not List Trustee(s) REV-1513 EX+ (9-00) SCHEDULE J BENEFICIARIES COMMONWEALTH OF PENNSYLVANIA INHERIT ANCE TAX RETURN RESIDENT DECEDENT ESTATE OF Schwab, Don A. NUMBER NAME AND ADDRESS OF PERSON(S) RECEIVING PROPERTY I. TAXABLE DISTRIBUTIONS (include outright spousal distributions) Michael J. Schwab 2636 Vhay Lane Bloomfield Hills, Ml 48304 Son 2 Elizabeth M. Schwab 51 Derbyshire Drive Carlisle, P A ] 7013 Wife 3 Elizabeth M. Schwab 51 Derbyshire Drive Carlisle, PA 17013 Enter dollar amounts for distributions shown above on lines 15 through 18, as appropriate, on Rev 1500 cover sheet AMOUNT OR SHARE OF ESTATE 499,915.23 Remainder Interest in Credit Shelter Trust 516,833.94 Life Interest in Credit Shelter Trust 282,58519 All Schedule G Transfers II. NON-TAXABLE DISTRIBUTIONS: A. SPOUSAL DISTRIBUTIONS UNDER SECTION 9113 FOR WHICH AN ELECTION TO TAX IS NOT BEING MADE 2 B. CHARITABLE AND GOVERNMENTAL DISTRIBUTIONS TOTAL OF PART 11- ENTER TOTAL NON-TAXABLE DISTRIBUTIONS ON LINE 13 OF REV-1500 COVER SHEET REV-1514 EX+ (9.00) ,. COMMONWEALTH OF PENNSYLVANIA INHERITANCE TAX RETURN RESIDENT DECEDENT SCHEDULE K UFE ESTA"TE, ANNUITY & "TERM CERTAIN (Check Box 4 on Rev-1500 Cover Sheet) ESTATE OF Schwab. Don A. FILE NUMBER 21 - 06 - 00057 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. ~ Will 0 Intervivos Deed of Trust 0 Other LIFE EST A TE INTEREST CALCULATION NEAREST AGE AT TERM OF YEARS LIFE ESTATE IS DATE OF BIRTH DATE OF DEATH PAYABLE NAME(S) OF LIFE TENANT(S) Elizabeth M. Schwab 12/22/1937 68 ~ Life or o Term of Years o Life or o Term of Years o Life or o Term of Years o Life or o Term of Years $ 1.016.749.17 .50832 5.4% $ 516.833.94 1. Value of f Jnd from which life estate is payable 2. Actuarial factor per appropriate table Interest table rate - 031/2% 06% 0 10% ~ Variable Rah 3. Value of life estate (Line 1 multiplied by Line 2) ANNUITYINTEREST CALCULATION NAME(S) OF ANNUITANTS NEAREST AGE AT DATE OF BIRTH DATE OF DEATH TERM OF YEARS ANNUITY IS PAYABLE o Life or 0 Term of Years o Life or 0 Term of Years o Life or 0 Term of Years o Life or 0 Term of Years 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) o Semi-annually (2) 0 Annually (1) 3. Amount of payout per period 4. Aggregate annual payment. Line 2 multiplied by Line 3 o Monthly (12) 0 Quarterly (4) o Other 0.00 5. Annuity Factor (see instructions) Interest table rate - 031/2% 06% 010% 0 Variable Rah 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 NOlE: 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 .~ ~ SCHEDULE 0 ELECTION UNDER SEC. 9113(A) (SPOUSAL DISTRIBUTIONS) COMMONWEALTH OF PENNSYLVANIA INHERITANCE TAX RETURN RESIDENT DECEDENT ESTATE OF Schwab, Don A. FILE NUMBER 21 - 06 - 00057 Do not complete this schedule unless the estate is making the election to tax assets under Section 9113(A) of the Inheritance & Estate Tax Act. If the election applies to more than one trust or similar arrangement, a separate form must be filed for each trust. This election applies to the Credit Shelter Trust (marital, residual A, B, By-pass, Unified Credit, etc) If a trust or similar arrangement meets the requirements of Section 9113(A), and: a. The trust or similar arrangement is listed on Schedule 0, and b. The value of the trust or similar arrangement is entered in whole or in part as an asset on Schedule 0, then the transferor's personal representative may specifically identify the trust (all or a fractional portion or percentage) to be included in the election to have such trust or similar property treated as a taxable transfer in this estate. If less than the entire value of the trust or similar property is included as a taxable transfer on Schedule 0, the personal representative shall be considered to have made the election only as to a fraction of the trust or similar arrangement. The numerater of this fraction is equal to the amount of the trust or similar arrangement included as a taxable asset on Schedule 0 The denominator is equal to the total value of the trust or similar arrangement. Part A: Enter the description and value of all interests, both taxable and non-taxable, regardless of location, which pass to the decedent's surviving spouse under a Section 9113 (A) trust or similar arrangement. DESCRIPTION The assets that comprise the Credit Shelter Trust VALUE 1,016.749.17 Part A Total 1.016.749.17 Part B: Enter the description and value of all interests included in Part A for which the Section 9113 (A) election to tax is being made. DESCRIPTION The assets that comprise the Credit Shelter Trust VALUE 1,016,749.17 Part B Total (If more space is needed, insert additional sheets of the same size) 1,016.749.17 F \F1LES\DATAFILEIWILLSI9065-H WIL J lUG; - () 1 \O)~ (f;}g "S' LAST WILL AND TEST AMENT I, DON A. SCHWAB, of 51 Derbyshire Drive, Carlisle, Cumberland County, Pennsylvania, being of sound and disposing mind and memory, do hereby make, publish and declare this to be my Last Will and Testament, hereby revoking any and all former Wills or Codicils by me made. ITEM ONE I direct that all my just debts, funeral expenses, testamentary expenses and all inheritance taxes shall be paid to the extent possible from those assets held or passing under ITEM FOUR hereof as soon as practicable after my decease and as part of the administration of my estate. ITEM TWO I give all of my personal and household effects, automobiles, boats and collections, if any, and any insurance policies thereon, unto my wife, ELIZABETH M. SCHWAB, if she survives me by thirty (30) days; otherwise to my son, MICHAEL 1. SCHWAB. ITEM THREE If my said wife, ELIZABETH M. SCHWAB, survives me, in order to obtain the portion of the marital deduction allowed in my estate by the Federal tax laws that will eliminate all Federal estate taxes payable as a result of my death, my Executor shall divide my residuary estate into two portions known as the "Marital Fund" and the "Credit Trust." The Marital Fund, which shall not be reduced by any taxes payable by reason of my death, shall be that fractional proportion of the entire residuary estate determined as follows: The numerator of such fractional proportion of my residuary estate shall be the smallest amount which, if allowed as a marital deduction, would result in the least possible Federal estate tax being payable as a result of my death, after allowing for the unified credit against Federal estate tax and all available credits and deductions claimed. The numerator shall be reduced by the value of any other property which passes to my said wife which qualifies for the marital deduction and reduced J4 0.A.5. Page 1 of 8 Pages by that amount, if any, which, when added to my taxable estate, will result in Federal estate tax no larger than the credit for State death taxes allowed in my estate without increasing any State death taxes payable as a result of my death. The denominator of this fraction shall be the value of the entire residuary estate. Values assigned to the property for the purposes ofthis computation shall be those values finally determined for Federal estate tax purposes. The Marital Fund shall be distributed outright to my said wife, ELIZABETH M. SCHWAB, as soon as practicable after my death. The Credit Trust shall be held and managed by my Trustee in accordance with ITEM FOUR of this my Last Will and Testament. My Executrix shall have the power to distribute assets in cash or in kind to the Marital Fund and to the Credit Trust and to select specific property to be distributed to the Marital Fund or the Credit Trust without regard to the income tax basis on such property. In making these allocations, my Executrix shall use the value of the assets as of the date or dates of distribution so that each distribution shares proportionately in the appreciation or depreciation of assets between the date of my death and the date or dates for distribution. However, no allocation of assets shall be made to the Marital Fund which does not qualify for the marital deduction. To the extent that other assets which qualify for the marital deduction are available, there shall not be allocated to the Marital Fund (a) assets with respect to which an estate tax credit for foreign taxes paid is allowable or (b) any payments under an employees trust or retirement annuity contract of the type described in Section 2039( c) ofthe Internal Revenue Code or subsequent provisions of similar import or (c) United States Treasury Bonds that are eligible for redemption at par value in paYment of the Federal estate tax. In computing the marital deduction all generation-skipping transfers for which I am the "deemed transferor" shall be disregarded. If I am not survived by my said wife, ELIZABETH M. SCHWAB, I give, devise and bequeath all of the rest, residue and remainder of my estate, both real and personal property, unto my Trustee to be held or distributed by such Trustee under ITEM FOUR hereof. ~ft/~ D.A.S. Page 2 of 8 Pages If my said wife, ELIZABETH M. SCHWAB, survives me and disclaims any portion of the Marital Fund, such portion shall be added to the Credit Trust. If my said wife, ELIZABETH M. SCHWAB, and I die simultaneously, or under circumstances which render it difficult to determine who died first, my said wife shall be deemed to have survived me for all purposes ofthis my Last Will and Testament. ITEM FOUR CREDIT TRUST My Trustee shall hold the assets received under ITEM THREE hereof, if any, for the following purposes: A. To pay the net income, at least quarter-annually, to my wife, ELIZABETH M. SCHW AB, for life. In addition, my Trustee, in his or her sole discretion, may invade the principal of the trust to provide for the proper and adequate support of my said wife. B. The Trustee shall pay to my said wife, ELIZABETH M. SCHWAB, annually, such sum from the principal of the trust as my said wife may request in writing, provided, however, that said sum may not exceed the greater of Five Thousand Dollars ($5,000.00) or five percent (5%) of the aggregate value, at the time of said request, of the principal of the trust hereunder. C. Upon the death of my said wife, ELIZABETH M. SCHWAB, my Trustee shall distribute the principal of the trust to my son, MICHAEL J. SCHWAB, absolutely. D. In the event that my said son shall fail to survive my wife and me, but shall leave issue surviving, then my deceased son's share shall be held by my Trustee and the net income therefrom shall be used, in equal shares, for the support, maintenance and education of the issue of my deceased son. My Trustee shall use as much of the principal as it shall deem desirable for said purposes. My Trustee shall distribute absolutely the principal of such share of my deceased son to the issue of my deceased son per stirpes as each shall attain the age of twenty-one (21) years. E. Notwithstanding any other provisions to the contrary, in no event shall any share be distributed to any beneficiary later than twenty (20) years after the later of the death of my wife or me. J~/ D.A.S. Page 3 of 8 Pages ITEM FIVE POWERS OF EXECUTOR AND TRUSTEE In addition to the powers conferred by case law, by statute, and by other provisions hereof, my Executrix and Trustee and their successors, shall have the following discretionary powers applicable to all property held by them which powers shall be effective without order of any court and shall exist until final distribution: A. To retain any property of any nature received by them for whatever period they shall deem advisable; B. To invest and reinvest all or any part of said property in such stocks, bonds, common trust funds, securities, accounts, certificates of deposit (including, but not limited to, stocks, bonds, common trust funds, securities, accounts or certificates of deposit of the Trustee) or other property, real or personal, as in their discretion they shall deem proper, without regard to statutes limiting the property which a fiduciary may purchase; C. To sell, transfer, exchange or otherwise dispose of, any part of said property, for cash or on terms, publicly or privately, or to lease, even for a tenn exceeding five (5) years or the duration of any trust herein, without liability on the purchasers or lessees to see to the application of the proceeds, and to give options for these purchases without the obligation to repudiate them in favor of a higher offer; D. To execute and deliver any deeds, leases, assignments or other instruments as may be necessary to carry out the provisions of any trust hereunder; E. To borrow money, including the right to borrow money from any bank and to mortgage or pledge any asset of the estate as security; F. To assume continuance of the status of any beneficiary with regard to death, marriage, divorce, illness, incapacity and the like in the absence of information deemed reliable without liability for disbursements made on such assumption; G. To pay from the trust, or the income therefrom, all debts or claims against my estate, or any taxes or similar charges on my estate; H. To make any distribution hereunder either in kind or in money, or partially in kind ~M D.A.S. Page 4 of 8 Pages and partially in money. Distribution in kind shall be made at the market value of the property distributed, and my Trustee, in his or her absolute discretion, may cause the share distributed to any distributee to be composed of property similar to or different from that distributed to any other distributee; 1. To exercise any subscription right in connection with any security held hereunder, to consent to or participate in any recapitalization, reorganization, consolidation or merger of any corporation, company or association, the securities of which may be held hereunder, to delegate authority with respect thereto, to deposit investments under agreements, to pay assessments, and generally to exercise all rights of investors; J. To invest in endowment, insurance or annuity policies on the lives of beneficiaries of any trust hereunder; K. To continue in any partnership, joint venture, joint ownership or other business enterprise of which I am a part at the time of my death; L. To compromise claims; M. To continue for whatever period of time as they shall deem necessary any ownership as a tenant in common or as a partner, in real estate or other property and to act as I could have done had I been living; N. To lend money to my estate or to any trust created hereunder or to purchase from the estate or from any trust created hereunder, at the market value thereof at the time of purchase, any securities or other property tendered to them by my estate or any trust created hereunder at any time and from time to time within a period of nine (9) months after my death; O. In the event that any amounts are payable hereunder or under any trust created hereunder to a minor, or to a person otherwise under legal disability, or to a person not adjudicated incapacitated, but who, by reason of illness or mental or physical disability is, in the opinion of fiduciary(ies) hereunder, unable to properly administer such amounts, such amounts may be paid by the fiduciary(ies) hereunder in his, her or their sole discretion in any ofthe following ways as he, she or they may deem best: 1. Directly to such beneficiary; ))&4 D.A.S. Page 5 of 8 Pages 2. To a legally appointed guardian of such beneficiary for the benefit of such beneficiary; 3. To a person having custody of such beneficiary for the benefit of such beneficiary; 4. By the fiduciary(ies) hereunder using such amounts directly to the benefit of such beneficiary. P. To employ agents, attorneys and proxies and to delegate to them such power as my personal representatives and Trustees consider desirable and to pay reasonable compensation for such services as may be rendered by such agents, attorneys and proxies; Q. To conduct an inventory of any safe deposit box necessary to the administration of my estate. R. To do all other acts in their judgment necessary or desirable for the proper management, investment and distribution of my Estate. ITEM SIX PROTECTIVE PROVISIONS All income or principal held for the use and benefit of the beneficiaries of any trust hereunder shall not be in any way or manner subject to anticipation, assignment, pledge, sale or transfer, nor shall any such interest, while in the possession of my Trustee, be liable for or subject to the debts, contracts, obligations, liabilities or torts of any beneficiary, or to attachments, executions or sequestrations under process of law. ITEM SEVEN APPOINTMENT OF EXECUTOR AND TRUSTEE I nominate, constitute and appoint my wife, ELIZABETH M. SCHWAB, as Executrix of my estate. In the event that my said wife shall predecease me or fail to act as Executor, then my said son, MICHAEL J. SCHWAB, shall serve as Executor of my estate. I nominate, constitute and appoint my wife, ELIZABETH M. SCHWAB, as Trustee of any trlLlst created hereunder. In the event that my said wife shall fail or be unwilling to continue to act ~ Page 6 of 8 Pages as Trustee, then I appoint my said son, MICHAEL 1. SCHWAB, to act as Trustee of any trust created hereunder. ITEM EIGHT WAIVER OF BOND I direct that neither my Executrix or Executor nor my Trustee shall be required to file any bond in any jurisdiction to secure the faithful performance of their duties, nor shall they be required to obtain any order or approval of any court for the exercise of any power or discretion set forth in this Will. IN WITNESS WHEREOF I have hereunto set my hand and seal this I J"LL ,Ie:<- & "1ggz... , 199'7 . day of . 0rh/ k,4~4- Don A. Schwab (SEAL ) SIGNED, SEALED, PUBLISHED AND DECLARED by the above-named Testator, as and for his Last Will and Testament, in the presence of us, who at his request, have hereunto subscribed our names as witnesses thereto, in the presence of the said Testator and of each other. ---L~ ~:3;.~ --- ~~y.(~~ Page 7 of 8 Pages COMMONWEALTH OF PENNSYL V AN1A ) SS. COUNTY OF CUMBERLAND ) I, Don A. Schwab, Testator, 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 Last Will; that I signed it willingly; and that I signed it as my free and voluntary act for the purposes therein expressed. JJ P)A/ k~k~ I Don A. Schwab Sworn or affirmed to and acknowledged before me by Don A. Schwab, the Testator, this II-Itt day of ,])~ , 1997. (lpAA.-LX ~4 I Notary Public COMMONWEALTH OF PENNSYLVANIA ) : SS. ) COUNTY OF CUMBERLAND We, the witnesses whose names are signed to the attached or foregoing instrument, being duly qualified according to law, do depose and say that we were present and saw Don A. Schwab, the Testator, sign and execute the instrument as his Last Will; that the Testator signed willingly and that the Testator 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. ~y~ --- Address "7'&.", c:...... 'd' /-1, <; h _<" 'r' c' (' L..~. I.s I.., /)/~ /1C'/:3 , Sworn or affirmed to and subscribed before me this I J ~ day of ~ ~~." Notary Public , 1991. Page 8 of 8 Pages 214 Srnate Avenue, SUite 303 Camp Hill, Prnnsylvanla 17011 717.7637365.717.7637684 Fax rfhervey@flnsvcscol11 . WWWWIOnK[!n cnm VA WIENKEN ASSOCIATES Robert F Hervey, ChFC March 20, 2006 Stephen L. Bloom 2100 Longs Gap Rd Carlisle, PAl 7013 Dear Steve, As regards the estate of Don A Schwab, the following date of death valuations have been determined, 1. USAA Annuity Contract # V 15984, Ownership Don A Schwab, Has been reregistered to Elizabeth M Schwab, Valuation January 12,2006 $ 27,714,80 2, Hartford Life Annuity Contract # 711044422, Ownership Don A Schwab, Has been reregistered to Elizabeth M Schwab, Valuation January 12,2006 $ 151,165.11 3, Nationwide Annuity Contract #0204265700 Ownership Don A Schwab, Has been reregistered to Elizabeth M Schwab. Valuation January 12,2006 $ 57,600.29 4. Western Southern Life Insurance Policy # 1921812. Owner and Insured Don A Schwab. Beneficiary Elizabeth M Schwab. Death Benefit Paid $ 14,357,05 ). Army Mutual Aid Life Insurance Policy #49646XOL. Owner and Insured Don A Schwab. Beneficiary Elizabeth M Schwab. Death Benefit Paid $ 11,849.37 6. USAA Brokerage Account #64029087. Ownership Don A Schwab. Valuation January 12,2006 $1,014,585.20 7. USAA Subscribers Savings Account. Ownership Don A Schwab. Valuation January 12,2006 $ 2,163.97 8. T. Rowe Price Roth IRA Account #1018351037-1. Ownership Don A Schwab. Valuation January 12,2006 $ 46,104.99 ,'tl'r(J11 {/mJiJ[.j/i tv1AH Invesror.(; ServIC(Js ,G/1 . /11-763- /J6!J Investment AlivlSO(1y Sr;rVIU)', ,} vV'lcnke{J & ASSOCIates FinanCIal Services SUli,\UlI,;,r'~ sutJsnltary or affi/fate of M/lAL Investors ServIces, Ine. Seni(f?S 9. Members 1st FCU Checking Account. Joint Ownership Don A and Elizabeth M Schwab. Valuation January 12,2006 $15,838.67/$ 7,919.34 10. Members 1 sl FCU Savings Account. Joint Ownership Don A and Elizabeth M Schwab. Valuation January 12,2006 $3,051.24/ $ 1,525.62 $1,334,984.80 I believe the above listing comprises the entire investment estate of Don A Schwab as of January 12, 2006. Sincerely, (-~ \ (~Wl Ro\ert F. HerVey,~ Don A. Schwab USAA Brokerage Account Value as of Shares Share Cost 01/12/2006 AIG 2,173.668 $70.53 $153,308.80 BAX 800 $38.48 $ 30,784.00 CAH 186 $70.05 $ 13,029.30 CMX 121 $51.42 $ 6,221.82 CPS 400 $45.27 $ 18,108.00 EW 80 $42.49 $ 3,399.20 FELE 400 $41.54 $ 16,616.00 MCHP 1,012 $34.70 $ 35,116.40 KAMN 748 $19.87 $ 14,862.76 PRCP 500 $ 7.51 $ 3,755.00 BP 8,612 $68.38 $588,888.56 HOKCY 6,675 $ 2.23 $ 14,885.25 EWT 1,000 $13.21 $ 13,210.00 VIP 200 $48.46 $ 9,692.00 WMMVF 10,175 $ 5.70 $ 58,014.60 Money Market $ 34,693.48 $1,014,585.17 Hoffman-Roth Funeral Home. Inc. 2] I) Norlh Hanover Slreel (';lrlisle, P t\ 170 1:\ ( 717)243-4511 Fchl!l;Jrv j 0 ,:i Ii)(, \ lr7,;j\,eth Sc!w,;th 51 Derbyshire Drive C'arlislc,PA 1701J- rile Funeral St:'lyicc f'or (-:oJ( Rei) Don ^, Schwab 14675-0 \\'c slIlccre!y appl','ciatl: 1he confldencc VOll have placed 111 lIS and will continue III assist YOll in everv \Va) wc ,,';:11 1'1.':)o" Ice\ free to contact LIS if YOll lJ,1VC any questions in regard to this statement. TI IE fOLLUWING IS AN ITE,vllZED STi\ TEMENT OF TilE SERVICES, FACILITIES, AUTOMOTIVE EQ111PI\If'NT, AND MERCHANDISE THAT YOU SELECTED WHEN MAKING THE FUNERAL ARRANGEMENTS. OUR SERVJ<'E: Flii\I:H.\! IIOME SERVICE ClI.\H(;I:~ :53 i')(),OO $J7lJO,I)O TrY.1ili'.)I1:11 [''111''1 :11 Se! vice 1\lchH~c <.; EI ,FC'TEI) MERCIfANmSE: 1,:,'Oj)o!il,m Cd(.~(. THE COST OF OlJR SERVICES, EQUIPMENT. ANn MERCIIANIHSE THAT YOU IIA \iE SELECTED S2'140.l)f) SIl~J(Ull) C:lsh \t!\':JTlre, '-: "\'."'1"1"':'1' tJhllllarv Nul iCCSC'1l1 inc] '-':'2\\,',1'<\1'>('1' (\hi(\I:Jl v NOlicc-Mililal v Time, . "lcIVspapcr OhilUJr\' Notice-Patriol News Ckrg\' ()Iklinc , (','llii'll't! ('Tic" (\1' Dcmh Certificate' 1.'10\\'Cf" (\r~_::\ll iSl, e ':m(ol !\ Ita I Set vcrs $221.60 qlj(),illl "<1,) in 51 (')(It) J; I ~(I(H) ,; 1_\250 'h12S.00 $SO,OO $20.00 TOT'\L ('ASII ADVANCES AND SPECIAL CHARGES, S170H,SlI T!ltal Total C',,;l 1)-I)_~S,5(J [-.et<!~~~~ $7938.50 Tn b'.O' credit.ed when n::cei ve fcom Cumberland '_:ounty VA fhis statement is net and payable in full within 30 days of receipt. 100. LX) '\( ,,"I (J j v-d 'IXJTAL AMOUNT DUJ~ . - - - - .-~ - - . - - -. - - - $7838.50 JUN-27-2nO~(TUE) 11: 13 . ., ,,,..el ".'J:L' COMFORT SUITES, CARLISLE 1 0 SOUTH HANOVER STREET CARLlSLt=. PA 17013 USA (717) 000-1000 gm.pa268@choicehotels.com SCHWAB. LUNCHEON CARUSLFO. PA 17013 US 1~(~li':';:D'~-~'-r.. ""'SC~~ . . J'~;':"\"'.r,1 fll.' ~~';~lrnlt1l11' )I. .#I"'~.1:.ql'.., . .1. # ill ~ ,:'al.-Jlllj;.!J'.(~I;~~f.:j~r :':'" .. I 01100100 AMERICAN EXPRESS 01/15/C6 OIII11/0a 0111111DCl 01/16/C'6 o 11l6/C(J 01/16/06 01/11l/0tl 01/10/06 01!t/l/C6 01/16/C6 01/10/0,0 01/16/06 01/16/06 o 1/ WI06 01/ to/OO 05109106 05109/00 05109106 05109100 05/0ll/06 05109106 05109106 .. f-' i i II I " IJ III A~counl: 194489 Daln: 06127106 Page: 1 01 2 Room; Arrtval Dale: Departure Ollla: Frequen1 Traveler /0: You worn chcckNl olll by: YOu wllre C'.M~kllllln by: B/lNQUEi FOOD 8ANOUET rOOD BANQUET FOOD BANQUET FOQD BANQUET FOOD BANQU~ ~ooD 19-,;, SERVICE CHARm' SET UP "EE 601.. STATE OCCUPANCYl"AX 19",\, SERVICE CHARGF 0% STATE SALES TAX BANOUET FOOD 117'k SERVICE CHARGE 6"(. STATE SALES TAX AMERICAN EXPRESS BANQUET FOOD eANQUET FOOO BANQUET FOOD BANQUET ~OOO BANQUET FOOD BANOUET FooO T~" SERVICE CHARGE COMFORT SUITES, CARLISLE 1 0 SOUTH HANOVER STREET CARLISLE. PA 17013 USA (717) 960-1000 gm. pil266@ChQlCohoiolScorn LUNCHEON SCHWAB CARLISLE, PA 1701~ US AM~R1CAN EXPRf:SS -150.00 AUT: .<lOOOOOOO(lOO( 1007 1 CHEESE DISP\..AY 0 125.00 1 VEGGt!;' TRAY @ 90.00 1 ROAST TIJRKEY BREAST 0 85.00 , ROASTED PRIME RIB 0 270.00 2 I 1n GALLONS OF COfFEE 0 24.00 6 PITCHERS OF SOOA 0 3.50 1~ SERVICE CHAAC3E Sr:T UP FEE lJ% STATf OCCUPANCY TAX I CARVINO FEE <<) 35.00 fl% STATE SALES TAX 1 MORE COFFEE 0 2".00 ADD ON COFFEE e% STATE SAlES TAX AMERICAN EXPRESS 125.00 /)0.00 A5.00 va 00 48.00 2100 121.41 5000 3.00 35.00 47.7":" 2400 4.56 1.72 71G."1 Acel: '(J()oooooooood007 1 CHEESE DISPLAY 1 VEGGIE TRAY 1 ROAST TURK~Y BREAST 1 ROASTED PRIME RIB 3 GALLONS OF COFFEE 6 PITCHERS O~ SODA 19'Y. SERVICE CHARGE 125.00 00.00 75.00 270 00 48.00 ?1.00 1111.51 Room . Approval Number: 009100 Cnrd Type: MC Dille: tllZ712OO6 Card Number: ----,47;' Tn1.11: 1183.5? Arri"aJ DAIA' Depsnure Dale: AcCOUn1: 1114489 FroQUont Tr.lVclcr 10: I' p:lyTTlcnl by cretlrt cud. IlIgree 10 pel' In. .boIIa 10000t d1;trgo amoum nccording 10 tne co,d ",eullr ~r__1\1 A PLATINUM AWARD WINNER 2003-2004 Fodcr.ll T;)J( 10 II 25-1806453 @@~y 3469 "+;6/2006 34?:J .:.j-! ~ 3i:200t3 35"18 5/'15/2006 (; ., p (' '1,' \ Ti Type Invoice # --~ -_._~."---- P,i\Y (\ ~< > t- 1 L t, ) STEPHE T L.. B () () _\ '1 T () J{ ~" I.:." \ '\, IJ C ()l'< I. i i. \l l( . \ L \ II \~' \\' \V P R ,\ C T j (' .'\ I C" () U :\ :} L L (' "", 1 - I' ; Client Check Number ----_.,---~--,.,------_.,----~._--_._-- Schwab, OA (EA) PAY Payment - :h2nk you Schwab, DA (EA) Payment - thank you Schwab, 0,1'1. (EA) I'i(i \la~ue ::;:(,,;,'; )'.,)'...1 p ( 2(3--'iSt,()::) Dr,',! f M.I Payment - thank you Schwab. 01',. (EA) P,~Y Payment, thank you P R 1\ C TIC t\ r. C () U N S F 1 'l< ell R \ S T I ;\ N PI'. 1l.:'l P I.: iT! \' ,_ RECEIPT FOR PAYMENT GLENDA FARNER STRASBAUGH Cunilierland County - Register Of Wills One Courthouse Square Carlisle, PA 17013 SCHWAB DON A Estate File No. : Paid By Remarks: 2006-00057 ELIZABETH M SCHWAB CMM Recetpt Date: Recelpt Time: Recelpt No. : 1/19/2006 15:43:26 1043122 ------------------------ Receipt Distribution ------------------------ Fee/Tax Description PETITION LTRS TEST WILL SHORT CERTIFICATE AUTOMATION FEE JCF FEE Check# 566 Total Received......... Payment Amount 610.00 15.00 24.00 5.00 10.00 $664.00 $664.00 Payee Name CUMBERLAND COUNTY GENERAL FUN CUMBERLAND COUNTY GENERAL FUN CUMBERLAND COUNTY GENERAL FUN CUMBERLAND COUNTY GENERAL FUN BUREAU OF RECEIPTS & CNTR M.D RECEIPT FOR PAYMENT GLENDA FARNER STRASBAUGH Cumberland County - Register Of Wills One Courthouse Square Carlisle, PA 17013 Rece~pt Date: Rece=!-pt Time: Recelpt No. : 4/07/2006 14:36:21 1043945 SCHWAB DON A Estate File No. : Pa:_d By Remarks: 2006-00057 STEPHEN BLOOM, ESQ RSK ----------------------------- Receipt Distribution ------------------------------ Fee/Tax Description SHORT CERTIFICATE Check# 003920($27) Total Received......... Payment Amount 12.00 Payee Name CUMBERLAND COUNTY GENERAL Fu~ $12.00 $12.00 RECEIPT FOR PAYMENT GLENDA FARNER STRASBAUGH Cumberland County - Regis~er Of Wills One Courthouse Square Carlisle, PA 17013 Receipt Date: Rece~pt Time: Recelpt No. : 5/04/2006 12:12:40 1044247 SCHWAB DON A Estate File No. : Paid By Remarks: 2006-00057 SCHWAB MICHAEL J MG ------------------------ Receipt Distribution -----------------------_ Fee/Tax Description PET LTRS ADM OTHER SHORT CERTIFICATE Check# 778 Total Received......... Payment Amount 20.00 48.00 Payee Name CUMBERLAND COUNTY GENERAL FUN CUMBERLAND COUNTY GENERAL FUN $68.00 $68.00 CUMBERLAND LAW JOURNAL 32 SOUTH BEDFORD STREET CARLISLE, P A 17013 May 5, 2006 Cumberland Law Journal is published every Friday by the Cumberland County Bar Association and is designated by the Court of Common Pleas as the official legal publication for Cumberland County and the legal newspaper for publication of legal notices. TO: Stephen L. Bloom, ESQUIRE RE: Don A. Schwab, ESTATE Legal advertisements must be received by Friday Noon. All legal advertising must be paid in advance. Make all checks payable to: Cumberland Law Journal. --------------------------------------------------------------------- --------------------------------------------------------------------- Advertisement inserted on following dates: April 21, 28, May 5, 2006 Advertising Cost Proof of Publication $ 75.00 $ 0.00 $ 0.00 $ 75.00 ------------- Second Proof Request Payment Received Total Amount Due $ .00 Payment received April 18, 2006 by Becky H. MorgenthallExecutive Director 1'\:1: I Mil" I nl;) r-VI'\: IIV'" rvl'\: 'VU"- "-J;;'-'V"-L./.;J REMITTANCE ADDRESS I BILL TO THll!: SENTINEL - LEGAL ATTORNEY AT LAW STEPHEN L. BLOb] P.o. BOX 13 0 , CARLISLE, PA 17013 AD NUMBER I CLASS SALESPERSON BILLING DATE LINES 304743 10 PUBLIC NOTICES yeagd 04/26/06 36 * 2 AD DESCRIPTION START DATE STOP DATE NOTICE LETTERS TESTAMENTARY ON THE 04/11/06 04/25/06 PUBLICATION INSERTIONS RATE NET AMOUNT GROSS AMOUNT 3 THE SENTINEL - LEGAL 3 LGL 130.68 TOTAL AD CHARGE 130.68 3 PROOF OF PUBLICATION 01PRF 6.35 DA YS RUN PURCHASE ORDER PAY THIS AMOUNT 137.03 164.44* DON SCHWAB M . AFTER OS/26/06 MESSAGE: Thank you for advertising with The Sentinel. Deadlines for in-column legal advertisements: Monday is Friday at 11 a.m.; Tuesday is Friday at 4 p.m.; Wednesday is Monday at 12 Noon; Thursday is Tuesday at 12 Noon; Friday is Wednesday at 12 Noon; Sunday is Thursday at 12 Noon. If you have any questions regarding your Legal bill please call Tammy Shoemaker 243-2611, ext 203. Fax your legals to 243-3754, attention Tammy Shoemaker You can also EMAIL yourlegaltoClassifiedads:classified@cumberlink.com please send a cover letter including your name and address as an attachment DETACH AND RETURN THIS PORTION WITH YOUR PAYMENT THE SENTINEL - LEGAL POBOX 1:50 CARLISLE PA 17013 DON SCHWAB . . AD NUMBER CLASSO START DATE STOP DATE 304743 PUBLIC NOTICES 04/11/06 04/25/06 AD DESCRIPTION BILLING DATE TELEPHONE NUMBER NOTICE LETTERS TESTAMENTARY ON THE 04/26/06 717-249-7717 GROSS AMOUNT OF 164.44 DUE AFTER OS/26/06 TOTAL AMOUNT DUE 137.03 ENTER AMOUNT ENCLOSED ATTORNEY AT LAW STEPHEN L. BLOOM 2100 LONGS GAP ROAD CARLISLE, PA 17013 1,1,11111,111111,1,111,11,1111,1 20200000003047430000000000000001644400000137030