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Home My WebLink About01-12-07 The Law Office of MARiELLE F. HAzEN Certified Elder Law Attorney. An Estate Planning and Elder Law Firm 2000 Linglestown Road Suite 202 Harrisburg, PA 17110 TEl.: (717) 5404332 FAX: (717) 5404313 www.hazenelderlaw.com January 9, 2007 VIA CERTIFIED MAIL Register of Wills Cumberland County Courthouse One Courthouse Square Carlisle, PAl 7013 Re: Estate of Ray A. Smith File No.: 21-06-0347 SSN: 195-24-9515 Date of Death: 4/12/2006 Inheritance Tax Return To: The Register of Wills: Enclosed for filing please find the original and one copy of the above-referenced Inheritance Tax Return and Inventory, along with a copy of the first page of the Inheritance Tax Return. Please time-stamp the first page of the return and copy of the Inventory and return them to my office in the enclosed self-addressed, stamped envelope. Also enclosed are two checks, one in the amount of $132.25 for the inheritance tax owed and the other in the amount of $30.00 for payment of the filing fees associated with the return and the Inventory If you have any questions or require any additional information, please do not hesitate to contact me. Sincerely, o c::=;~ :J~: 0 ---, ,-- ;:~ S; , ......". \)aI, Marci S. Miller Associate Attorney --:;;-- --~ Enclosures cc: Rayna Smith, Executrix *Certified Elder Law Attorney by the National Elder Law Foundation as authorized by the Pennsylvania Supreme Court r--.:l = = -..J <- :"'~.:::;ao z N > :::: <=> c..n o Pi Dblk>f{:\ $46 REV.1500 EX + (6-00) *' OFFICIAL USE ONLY COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF REVENUE DEPT. 280601 HARRISBURG, PA 17128-0601 REV-1500 INHERITANCE TAX RETURN RESIDENT DECEDENT FILE NUMBER II 06 COUNTY CODE YEAR SOCIAL SECURITY NUMBER ~ NUMBER I- Z W Q W (J W Q DECEDENrs NAME (LAST, FIRST, AND MIDDLE INITIAL) Smith, Ray A. DATE OF DEATH (MM-DD-YEAR) 195-24-9515 THIS RETURN MUST BE FILED IN DUPLICATE WITH THE REGISTER OF WILLS SOCIAL SECURITY NUMBER 169-24-1279 l!! llI:~!2 &llLg :c~... (,)lLllI ~ o 2. Supplemental Return o o o 4a. Future Interest Compromise (date of death after 12-12-82) 7. Decedent Maintained a Living Trust (Attach copy of Trust) 10 Spousal PovertY Credit (date of death between . 12-31-91 and 1-1-95) o 3. Remainder Return (date of death pnor to 12-13-82) o 5. Federal Estate Tax Return Required 8. Total Number of Safe Deposit Boxes o 11.Election to tax under Sec. 9113(A) (Attach Sch 0) 13. Charitable and Govemmental Bequests/See 9113 Trusts for which an election to tax has not been made (Schedule J) 14. Net Value Subjectto Tax (Line 12 minus Line 13) SEE INSTRUCTIONS ON REVERSE SIDE FOR APPLICABLE RATES ... z ~ z ~ 13 II: II: o (,) NAME Marielle F Hazen FIRM NAME (If appllcabla) Marielle F. Hazen TELEPHONE NUMBER 717 -540-4332 DATE OF BIRTH (MM-DD-YEAR) 04-12-2006 07 -06-1930 COMPLETE MAILING ADDRESS 2000 Linglestown Road, Suite 202 Harrisburg, PA 17110 (1) None (2) 34,366.84 (3) None (4) None (5) 25,791.42 (6) 881.64 (7) None (9) 11,211.48 (10) 30,619.46 OFFICJA.b~SE ONLY ) ~, ... 0 -.J. ::n <.- -lJ :;::;~ ~c N (IF APPLICABLE) SURVIVING SPOUSE'S NAME ( LAST, FIRST AND MIDDLE INITIAL) Smith, Betty M. ~ 1. Original Return 04. Limited Estate ~ 6. Decedent Died Testate (Attach copy of Will) o 9. Litigation Proceeds Received z o i= :5 ::J l- ii: ~ w a:: 1. 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) 0 Separate Billing Requested 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) ~- --~ o CJ1 12. Net Value of Estate (Line 8 minus Line 11) z o i= ~ :;) Q. 2 o (J )( ~ 15.Amount of Line 14 taxable at the spousal tax rate, or transfers under Sec. 9116(a)(1.2) (8) 61,039.90 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 (11) 41,830.94 19,208.96 (12) (13) None (14) 19,208.96 18,327.32 x .00 (15) 0.00 0.00 x .045 (16) 0.00 0.00 881.64 x .12 (17) x .15 (18) (19) 0.00 132.25 132.25 Copyright 2002 form software only The Lackner Group, Inc. Form REV-1500 EX (Rev. 6-00: q Decedent's Complete Address: STREET ADDRESS 54 Village Court ISTATE PA I ZIP 17050 CITY Mechanicsburg Tax Payments and Credits: 1. Tax Due (Page 1 Line 19) 2. CreditslPayments A. Spousal Poverty Credit B. Prior Payments C. Discount (1) 132.25 0.00 Total Credits (A + B + C) (2) 0.00 3. Interest/Penalty if applicable D. Interest E. Penalty Total Interest/Penalty (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. (3) (4) (5) 132.25 (5A) (5B) 132.25 Make Check Payable to: REGISTER OF WILLS, AGENT PLEASE ANSWER THE FOLLOWING QUESTIONS BY PLACING AN "X" IN THE APPROPRIATE BLOCKS 1. Did decedent make a transfer and: Yes No a. retain the use or income of the property transferred;.................................................................................. D [!] b. retain the right to designate who shall use the property transferred or its income;.................................... D [!] c. retain a reversionary interest; or.................................................................................................................. D [!] d. receive the promise for life of either payments, benefits or care?.............................................................. D [!] 2. If death occurred after December 12, 1982, did decedent transfer property within one year of death without receiving adequate consideration?............................ ..................................................... ....... .............................. D [!] 3. Did decedent own an "in trust for" or payable upon death bank account or security at his or her death?......... D [!] 4. Did decedent own an Individual Retirement Account, annuity, or other non-probate property which contains a beneficiary designation?..................................................................................................................... [!] D 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 peljury, I declare that I have examined this retum, Including accompanying schedules and statements, and to the best of my knowledge and belief, it is true, correct and com ete. Declaration of rer other t n the nal representative Is based on all infonnation of which preparer has any knowledge. SIGNATURE OF PERSON RESPON L FO FILING RETURN ADDRESS Ray W. Smith DATE 11 Bethpage Drive Falmouth, ME 04105 /- t - ~ 1 ADDRESS DATE ADDRESS /-1- 07 DATE 2000 Linglestown Road, Suite 202 Harrisburg, PA 17110 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 exemDt a transfer to a surviving spouse from tax, and the statutory requirements for disclosure of assets and filing a tax retum 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 P.S. ~9116 (a) (1)). The tax rate imposed on the net value of transfers to or for the use of the decedent's siblings is 12% [72 P .5. ~9116 (a) (1.3)). A sibling is defined under Section 9102, as an individual who has at least one parent in common with the decedent, whether by blood or adoption. Rev-1503 EX+ (6-98) . SCHEDULE B STOCKS & BONDS COMMONWEALTH OF PENNSYlVANIA INHERITANCE TAX RETURN RESIDENT DECEDENT Smith, Ray A. FILE NUMBER 21-06-0347 ESTATE OF All property JolnUy-owned with right of survivorship must be disclosed on Schedule F. ITEM CUSIP VALUE AT DATE NUMBER NUMBER DESCRIPTION UNIT VALUE OF DEATH 1 302 shares of Prudential Financial - Stock 75.2 22.710.40 2 1,506 shares of Tasty Baking Stock 7.74 11.656.44 TOTAL (Also enter on Line 2, Recapitulation) 34.366.84 (If more space is needed. additional pages of the same size) Copyright (c) 2002 form software only The Lackner Group, Inc. Form PA-1500 Schedule B (Rev. 6-98) Rev-1608 EX+ 18-88) . SCHEDULE E CASH, BANK DEPOSITS, & MISC. PERSONAL PROPERTY COMMONWEAlTH OF PENNSYLVANIA INHERITANCE TAX RETURN RESIDENT DECEDENT ESTATE OF Smith, Ray A. FILE NUMBER 21-06-0347 Include the proceeds of I"igation end the dale the proceeds were received by the estele. All property JoIntlY-OWned with the right of survlvorshlp must be disclosed on schedule F. ITEM NUMBER DESCRIPTION 1 AAA - Refund VALUE AT DATE OF DEATH 10.50 2 Allstate - Refund 107.00 3 Americholce #38960 - Savings Account 5.00 4 Americholce #38960 - Checking Account 4.000.00 5 Capital State Storage - Refund 25.00 6 National Safety - Refund 38.39 7 Penn National Insurance - Refund 461.00 8 Penn Treaty - P256686 Refund 129.23 9 Senclt Hampden - Security Deposit Refund 490.00 10 Travelers Insurance - Refund 25.30 11 2004 Chevrolet Explorer Conversion Van - See attached sales statement 20,500.00 TOTAL (Also enter on Line 5, Recapitulation) 25.791.42 (If more space is needed, additional pages of the same size) Copyright (c) 2002 form software only The Lackner Group, Inc. Form PA-1500 Schedule E (Rev. 6-98) REV-1161 EX+ (12-"1 . SCHEDULE H FUNERAL EXPENSES & ADMINISTRATIVE COSTS COMMONWEALTH OF PENNSYlVANIA INHERITANCE TAX RETURN RESIDENT DECEDENT ESTATE OF Smith, Ray A. Debts of decedent must be reported on Schedule I. FILE NUMBER 21-06-0347 ITEM DESCRIPTION AMOUNT NUMBER A. FUNERAL EXPENSES: See continuation schedule(s) attached 1,611.00 B. ADMINISTRATIVE COSTS: 1. Personal Representative's Commissions Rayna W. Smith Social Security Number(s) I EIN Number of Personal Representative(s): 201-52-3744 Street Address 11 Bethpage Drive City Falmouth State ME Zip 04105 - Year(s) Commission paid 4,274.84 2. Attorney's Fees Marielle F Hazen 5,000.00 3. Family Exemption: (If decedent's address is not the same as claimant's, attach explanation) Claimant Street Address City State Zip Relationship of Claimant to Decedent 4. Probate Fees Register of Wills 95.00 5. Accountant's Fees 6. Tax Return Preparer's Fees 7. Other Administrative Costs 230.64 See continuation schedule(s) attached TOTAL (Also enter on line 9, Recapitulation) 11,211.48 Copyright (c) 2002 form software only The Lackner Group, Inc. Form PA.1500 Schedule H (Rev. 6-98) Rev-150Z EX+ (6-88) . SCHEDULE H.A FUNERAL EXPENSES continued COMMONWEALTH OF PENNSYlVANIA ~HERITANCETAXRETURN RESIDENT DECEDENT ESTATE OF Smith, Ray A. FILE NUMBER 21-06-0347 ITEM NUMBER DESCRIPTION AMOUNT 1 Auer Memorial Funeral Home 1.611.00 Subtotal 1.611.00 Copyright (c) 2002 form software only The Lackner Group. Inc. Form PA.1500 Schedule H-A (Rev. 6-98) Rev.1S02 EX+ (6.981 . SCHEDULE H.B7 OTHER ADMINISTRATIVE COSTS continued COMMONWEAl. TH OF PENNSYlVANIA ~HERrrANCETAXRETURN RESIDENT DECEDENT ESTATE OF Smith, Ray A. FILE NUMBER 21-06-0347 ITEM NUMBER DESCRIPTION AMOUNT 1 Central Penn - Legal Publication 109.00 2 Cumberland Law Journal - Legal Publication 75.00 3 Postage 9.52 4 Register of Wills - Short Certificates 12.00 5 Register of Wills - Short Certificates 8.00 6 Register of Wills - Short Certificates 8.00 7 Tallman, Hudders, et al - Mail and Processing Charge for Will Remittance 9.12 Subtotal 230.64 Copyright (c) 2002 form software only The Lackner Group, Inc. Form PA-1500 Schedule H-B7 (Rev. 6-98) Rev-U12 EX+ (8-88) . SCHEDULE I DEBTS OF DECEDENT, MORTGAGE LIABILITIES, & LIENS COMMONWEALTH OF PENNSYlVANIA INHERITANCE TAX RETURN RESIDENT DECEDENT ESTATE OF Smith, Ray A. FILE NUMBER 21-06-0347 Include unrelmbursed medical expenaea. ITEM NUMBER DESCRIPTION 1 Americhoice - Check No. 368 to Sears Posted on 4/21/06 VALUE AT DATE OF DEATH 53.58 2 Americhoice - Auto Debit of E-Financial Posted on 5/3/06 19.95 3 Americhoice - Auto Debit of E-Financial Posted on 6/3/06 19.95 4 Americhoice - Secured Auto Loan 25,719.93 5 Comcast - Utility 27.06 6 Department of Revenue - 2005 Income Tax 26.00 7 Hampden Township - Personal Tax 1.00 8 IRS - 2005 Income Tax 828.00 9 IRS - 2005 Income Tax 43.60 10 Moffitt Heart & Vascular Group - Medical 1.76 11 Nextel 401.60 12 Northampton Hospital Corp. - Medical 5.00 13 PP&L - Utility 77.70 14 Pulmonary & Critical Care - Medical 89.53 15 Sears Gold MasterCard - #5121-0701-2942-8633 713.82 16 Wells Fargo - #06098421 2,590.98 TOTAL (Also enter on Line 10, Recapitulation) 30,619.46 (If more space is needed, additional pages of the same size) Copyright (c) 2002 form software only The Lackner Group. Inc. Form PA-1500 Schedule I (Rev. 6-98) REV.1513 EX+ (9~) . SCHEDULE .. BENEFICIARIES COMMONWEALTH OF PENNSYLVANIA INHERITANCE TAX RETURN RESIDENT DECEDENT ESTATE OF NUMBER Smith, Ray A. NAME AND ADDRESS OF PERSON(S) RECEIVING PROPERTY TAXABLE DISTRIBUTIONS [include outright spousal C1istributions.,l. and transfers under Sec. l:I116(a)(1.2)] RELATIONSHIP TO DECEDENT Do Not Uat Truateelal FILE NUMBER 21-06-0347 SHARE OF ESTATE AMOUNT OF ESTATE (Words) ($$$) I. Betty Smith 411 NW 200th Avenue Pembroke Pines, FL 33029 Spouse 100% Total Enter dollar amounts for distributions shown above on lines 5 through 18, as appropnate, 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 B. CHARITABLE AND GOVERNMENTAL DISTRIBUTIONS TOTAL OF PART 11- ENTER TOTAL NON-TAXABLE DISTRIBUTIONS ON LINE 13 OF REV-1500 COVER SHEET 0.00 Copyright (c) 2002 form software only The Lackner Group, Inc. Form PA-1500 Schedule J (Rev. 6-98) COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF REVENUE BUREAU OF INDIVIDUAL TAXES DEPT. 280601 HARRISBURG, PA 17128-0601 '* INFORMATION NOTICE AND TAXPAYER RESPONSE FILE ACN DATE NO. 21 06-0347 06139978 08-10-2006 REY-1545 EX AFP (D9-001 EST. OF RAY A SMITH S.S. NO. 195-24-9515 DATE OF DEATH 04-12-2006 COUNTY CUMBERLAND TYPE OF ACCOUNT D SAVINGS IX] CHECKING D TRUST D CERTIF. ROBERT L POORMAN 3815 DORSET DR MECHANICSBURG PA 17050 REHIT PAYHENT AND FORHS TO: REGISTER OF WILLS CUMBERLAND CO COURT HOUSE CARLISLE, PA 17013 AHERICHOICE FCU has provided the Departllent with the info....ation listed below which has been used in calculating the potential tax due. Their records indicate that at the death of the above decedent, you were a joint owner/beneficiary of this account. If you feel this information is incorrect, please obtain written correction from the financial institution, attach a copy to this form and return it to the above address. This account is taxable in accordance with the Inheritance Tax Laws of the COllllonwealth of Pcnr.sylvar.i~. Questior.s ma, ba ens~e~ed by calling (717) 787-8327. COMPLETE PART 1 BELOW . . . SEE REVERSE SIDE FOR FILING AND PAYMENT INSTRUCTIONS Account No. 36268 Date 06-16-2004 Established Account Balance Percent Taxable AMount Subject to Tax Rate Potential Tax Due x 1,651.72 50.000 825.86 .15 123.88 TAXPAYER RESPONSE To insure proper credit to your account, two (2) copies of this notice must accompany Your payment to the Register of Wills. Make check payable to: "Register of Wills, Agent". x NOTE: If tax payments are lIade within three (3) lIonths of the decedent's date of death, you lIay deduct a 57. discount of the tax due. Any inheritance tax due will become delinquent nine (9) months after the date of death. Tax PART [!] A. [ CHECK ] ONE BLOCK B. ONLY c. [] The above information and tax due is correct. 1. You may choose to rellit payment to the Register of Wills with two copies of this notice to obtain a discount or avoid interest, or you lIay check box "A" and return this notice to the Register of ~ Wills and an official assessment will be issued by the PA Department of Revenue. G2r~he above asset has been or will be reported and tax paid with the Pennsylvania Inheritance Tax return to be filed by the decedent's representative. [] The above inforllation is incorrect and/or debts and deductions were paid by You. You must complete PART ~ and/or PART ~ below. If you indicate a different tax rate, please state your relationship to decedent: PART ~ TAX RETURN - COMPUTATION LINE 1. Date Established 2. Account Balance 3. Percent Taxable 4. AMount Subject to Tax 5. Debts and Deductions 6. AMount Taxable 7. Tax Rate 8. Tax Due PART [!] DATE PAID DEBTS AND DEDUCTIONS CLAIMED OF 1 2 3 4 5 6 7 8 x TAX ON JOINT/TRUST ACCOUNTS x PAYEE DESCRIPTION AMOUNT PAID I TOTAL (Enter on Line 5 of Tax COMputation) I $ perjury, I declare that the facts I have reported above are true, correct and MY knowledge and belief. HOME WORK TEL ( ( PHONE ) ) NUMBER 'L~ )07 ATE - 13-2006 09:35 AmeriChoice FCU - SG 7175919695 June 13,2006 ~ AmeriChoice lh~ FeD E! ~A :!WCR ED I TUN! 0 N Bui/ding Relationships For Life Law Offices of Marille F Hazen 200 Linglestown Road, Suite 202 Harrisburg~ P A 17110 Re: Smith, Ray 2004 Chevrolet Explorer VIN -# IGBFG15T541137082 Ms. Hazen: 2/~ As agreed, AmeriChoicc has sold Mr. Smith's vehicle to the highest bidder~ Glen Gochenaur, for $20,500.00. Also, per your instruction, we have transferred $3,000.00 from Mr. Smith.s account # 38960 to the unpaid loan balance. The status of this loan is as follows: Principal Balance Owed (06-13-06) Cost of Repossession of Vehicle Cost of Penn DOT Title Work Cost to place ad in paper (2 times) Cost to clean vehicle Total after Expenses Incurred Proceeds from sale of vehicle Money transferred from account #38960 Balance owed to AmeriChoice (as of 06/13/06) Interest accrued per day after 6-13 -06 $ $ $ $ $ $ $ $ 25,029.49 0.00 66.68 178.12 8.00 25.282.29 20,500.00 3,000.00 $ $ 1,782.29* .23 If you have questions please contact us immediately, otherwise we will anticipate the settlement of $1.782.29* on tIllS account. Thank you for your cooperation in this matter. tli' u Loan Adjuster AmeriChoice Federal Credit Union Cc: File. Jolllma Kopecky Esquire, Rayna Smith "'plus daily interest Silver Spring Commons Office: 20 Sporting Green Drive · Mechanlcsburg. PA 17050 · Phone: (7' n 591-9690 · fax: (717) 591-9695 Webslte: www.ameridlOic:e,org ~ ~.... 'f# ~ ...".... CltI!Ill'l'UtlOII5" ~lPl lAST Will AND TESTAMENT I, RAY ARTHUR SMITH, of the City of Easton, County of Northampton, and Commonwealth of Pennsylvania, do make, publish and declare this to be my Last Will and Testament, hereby revoking any and all Wills or Codicils by me heretofore made. FIRST: I direct the payment out of my estate of the expenses of my last illness and funeral as soon after my decease as may be convenient. SECOND: I give all my automobiles, clothing, jewelry, books, pictures, furniture and furnishings, and articles of personal or household use and equipment, together with all insurance relating thereto, to my wife, BETTY MARIE SMITH, if she survives me by thirty (30) days. If she does not so survive me, I give all such property and insurance to my children who survive me, to be divided among them as they may agree or, in the absence of agreement, such items shall be sold and the proceeds become a part of my residuary estate. I intend to leave a memorandum setting forth suggestions as to the distribution of certain items and, while the memorandum is not to be legally binding, I hope the suggestions in it will be carried out. THIRD: All the rest, residue and remainder of my estate, real and personal, and wherever situate, I give outright to my wife, BETTY MARIE SMITH, if she survives me by thirty (30) days. If she does not so survive me, I direct that said residue be divided into equal shares so that there is one (1) such share for each of those of my daughters, RAYNA WANDA SMITH and HOllY ANN HASSELMAN, who are then living or then dead. I direct that the shares for my daughters, RA YNA WANDA SMITH and HOllY ANN HASSELMAN, be distributed to them outright if they survive me by thirty (30) days, or if one or both does not so survive me, that share or those shares shall be further divided among the issue of my predeceased child in equal shares and distributed pursuant to Article FIFTH: hereof. FOURTH: All federal, state and other death taxes payable because of my death on any property then held in my estate or on any insurance proceeds or other death benefits payable directly to my estate shall be paid out of the residue of my estate and none of those taxes shall be charged against any beneficiary. Any death taxes on future interests shall be paid from my residuary estate whenever my Executor, in my Executor's sole discretion, thinks best. FIFTH: If any beneficiary under twenty-one (21), or if any beneficiary who is, in my Executor's opinion, disabled by advanced age, illness or other cause becomes entitled to any income or principal under the provisions of this Will: A. As much of such income or principal as my Trustee may from time to time think desirable for that beneficiary either shall be paid to him or her or shall be applied for his or her benefit; and B. The balance of such income or principal shall be held as a separate trust for the beneficiary and, subject to my Trustee's power to pay to, or apply for the benefit of, the beneficiary both income and principal of such trust, shall, together with any net income therefrom, be kept invested and paid, as the case may be, to the beneficiary when he or she reaches twenty-one (21) years of age or becomes, in my Trustee's opinion, free of disability. Any funds to be applied under this Article either shall be applied directly - 2- by my Trustee or shall be paid to a parent or guardian of the beneficiary or to any person or organization taking care of the beneficiary, and my Trustee shall have no further responsibility for any funds so applied or paid. SIXTH: If my Trustee, in my Trustee's sole discretion, determines that it is advisable to do so, my Trustee may, without further responsibility, terminate any trust created by this Will and pay the then-remaining principal and income of that trust to the person then eligible to receive income therefrom or, if there is more than one such person, to them in such amounts or proportions as my Trustee may think appropriate. If any such person is under twenty-one (21) or is, in my Trustee's opinion, disabled by advanced age, illness or other cause, my Trustee may pay any amount distributable to him or her, to his or her parent or guardian or to any person or organization taking care of him or her or, in the case of a person under twenty-one (21), may deposit it in a savings account, certificates of deposit or other suitable investment, in such person's name, payable to him or her at age twenty-one (21). My Trustee shall have no further responsibility for funds so paid or deposited. SEVENTH: No interest in income or principal shall be assignable by, or available to anyone having a claim against, a beneficiary before actual payment to the beneficiary. EIGHTH: In addition to the powers by law and hereinabove conferred by me upon any fiduciary acting hereunder, I hereby expressly confer upon them and their successors, the following powers, applicable to all property held by them, including all property held for minors, both principal and income, effective without the order of any court and until the actual distribution of all such property: - 3- A. To retain and to invest in all forms of real and personal property, including common trust funds operated by any corporate trustee regardless of (i) any limitations imposed by law on investments by fiduciaries, (ii) any principle of law concerning delegation of investment responsibility by fiduciaries or, (iii) any principle of law concerning investment diversification; 8. To compromise claims and to abandon any property which, in my Executor's opinion, is of little or no value; C. To borrow from anyone, even if the lender is a Trustee hereunder, and to pledge property as security for repayment of the funds borrowed; D. To acquire, sell or otherwise dispose of at public or private sale, to exchange or lease for any period of time, any real or personal property and to give options for sales or leases; E. To partition, subdivide or improve real estate and to enter into agreements concerning the partition, subdivision, improvement, zoning or management of any real estate in which my estate has an interest and to impose or extinguish restrictions on any such real estate; F. To make loans to, and to buy property from, my or my wife's personal representatives or the trustee of any trust created by either of us; G. To join in any merger, reorganization, voting trust plan or other concerted action of security holders, and to delegate discretionary duties with respect thereto; -4- "'ii'If,.~~~~.: ;;H"7-"'~'" ,~_...,~- H. To join with my wife in filing a joint income tax return without requiring her to indemnify my estate against liability for the tax attributable to her income and to consent to any gifts made by my wife being treated as having been made one-half by me fonthe purpose of federal laws relating to gift tax; I. To use administrative or other expenses of my estate as income tax or estate tax deductions, without regard to whether they were paid from principal or income, and to value my estate for tax purposes by any optional method permitted by the law in force when I die, without requiring adjustments between income and principal for any resulting effect on income or estate taxes; J . To allocate any property received or charge incurred to principal or income or partly to each, without regard to any law defining principal and income; K. To make and hold investments in the name of a nominee; and L. To distribute in cash or in kind and to allocate specific assets among the beneficiaries (including any trust hereunder) in such proportions as my Executor may think best, so long as the total market value of any beneficiary's share is not affected by such allocation. NINTH: I nominate, constitute and appoint my daughter RA YNA WANDA SMITH my Executor hereunder. Should my said daughter for any reason fail to qualify or, having qualified, be unable to continue to serve as such Executor, I then nominate, constitute and appoint my daughter HOllY ANN HASSELMAN as my Successor Executor hereunder. I nominate, constitute and appoint my son-in-law JOHN MICHAlAKIS the Trustee of any trusts created herein. My Trustee may for any reason resign as Trustee and appoint - 5 - an individual or a bank or trust company organized under the laws of any state or of the United States to serve in his place and stead provided, however, that no corporate fiduciary which is a "related or subordinate party" as defined in Section 672(c) of the Internal Revenue Code or any successor section of that Code with respect to any of my beneficiaries hereunder shall be substituted as a Successor Trustee. Each appointment of a Successor Trustee shall be evidenced by a writing and until the accounts of any Trustee which is removed are settled and such Trustee is discharged, it shall continue to have all the powers, duties, immunities and discretions granted hereunder and by law and such Trustee shall be entitled to reimbursement from the trust fund for all reasonable and necessary expenses incurred in connection with the settlement of such Trustee's accounts and the transfer and delivery of the trust assets to the successor. Any corporate Trustee shall receive compensation in accordance with its standard schedule of fees in effect from time to time over the period during which its services are rendered. I direct that no fiduciary acting hereunder shall be required to post bond or enter security in any jurisdiction in which such fiduciary may act. It is my desire that there be no public or judicial accounting of the administration of my estate or the trusts established under this Will but nothing herein shall preclude my Executor, Trustee or any beneficiaries hereof from seeking a judicial accounting of any such administration. The written approval by all the then living adult beneficiaries of this Will of any matter relating to or arising in the course of the administration of my estate, whether the same relates to an accounting or action taken or omitted or proposed to be -6- taken or omitted by my Executor or Trustee, shall be binding upon all beneficiaries hereof, whether vested or contingent and whether of full age or minors. IN WITNESS WHEREOF, I have hereunto set my hand and seal to this my Last Will and Testament, this~' day of -::r () / Y SIGNED, SEALED, PUBLISHED and DECLARED, by the above-named Testator, RAY ARTHUR SMITH, as and for his Last Will and Testament in the presence of us, who, at his request, in his presence and in the presence of each other have hereunto subscribed our names as witnesses: ,2002. ~ f;L~ RA" RTH~ 8Mrf (SEAL) ~~~' ------- . s M4-0 ~ ~ c:rz../2~" ~~ P4 r / Address ^~.s 18067 - 7- COMMONWEALTH OF PENNSYLVANIA ) ) SS: COUNTY OF LEHIGH ) I, RAY ARTHUR SMITH, having been duly qualified according to law, acknowledge that I signed the foregoing instrument as my Will, and that I signed it as my free and voluntary act for the purposes therein expressed. ~a~~ RAY RTHUR SMITH We, J ~ ft" ~'", and Shtltz?-1 /JJ:J4Q. , having been duly qualified according to law, depose and say that we were present and saw RAY ARTHUR SMITH sign the foregoing instrument as his Will; that he signed it as his free and voluntary act for the purposes therein expressed; that each of us in his sight and hearing and at his request signed the Will as witnesses; and that to the best of our knowledge he was at the time 18 or more years of age, of sound mind and under no constraint or undue influence. Subscribed, sworn to or affirmed, and acknowledged before me by the above-named Testator and by the witnesses whose names appear opposite on ~O d-.-V ,2002. /~~ ~YJ7-fT'- Witness l~--r~<-l_ LGc.-<:.-.4 __ _~j . l',~~~'l~~~___ Notary Public I NOTARIAL SEAL .. REBECCA S ROBERTSON. Notary Publie' South Whitehall Twp., Lehigh c.ounty My Commission Expires July 5. 2005 I - 8- Register of Wills, Cumberland County, Pennsylvania INVENTORY , Deceased No. . 21-06- 03lf7 Date of Death 04/12/2006 Social Security No. 195-24-9515 Estate of Ray A. Smith also known as Rayna W. Smith The Personal Representatlve(s) of the above Estate, deceased, verify that the Items appearing in the following Inventory Include all of the personal assets wherever situate and all of the real estate located In the Commonwealth of Pennsylvania of said Decedent, that the valuation placed opposite each Item of said Inventory represents Its fair value as of the date of the Decedent's death, and that the Decedent owned no real estate outside of the Commonwealth of Pennsylvania except that which appears In a memorandum at the end of this Inventory. I/We verify that the statements made in this Inventory are true and correct. I/We understand that false statements herein are made subject to the penalties of 18 Pa. C. S. Section 4904 relating to unsworn falsification to authorities. Attorney: Marielle F Hazen Signature: /Qy( I.D. No.: 68003 Signature: Marielle F. Hazen n,- ~~~'~ .; -'c ~:c ;0' ,..,'" = c::::;J -..J c._ :~ -".. ..;},.i,,- Signature: N Firm: Address: 2000 Linglestown Road, Suite 202 Harrisburg, PA 17110 Telephone: 717-540-4332 Address: 11 Bethpage Drive Falmouth, ME 04105 Telephone: 207-797-0497 l .-' ....) ~ --:..- , ::~'i C) en Dated: 1-~-()7 Personal ProDertv Cash.............................................................................................. . Personal Property.. ....... ....... ............ .... ....... ..... ..... ..... ..... .............. Stocks/Listed.. ......... ..... ....... ............ ...... ..... ..... ..... ..... ..... ........... .... Stocks/Closely Held.......... ....... ...... ........... ..... ..... ..... ..... ..... ........ ... Bonds............................................................................................ . Partnerships and Sole Proprietorships ..................................... Mortgages and Notes Receivable............................................... All Other Property......................... ...... ..... .......................... ...... ..... 5,291.42 20,500.00 34,366.84 Total Personal Property....... ..... ..... ..... ..... ...... ........ 60,158.26 Total Real PropertY.................. ..... .......... ..... .......... Total Personal and Real Property......................... Total Out-of-State Real Property.......................... Cb ~:""' 'r,'"'' ~ I""., I:JCI lJ', r~"'1 1~1'~1 It""' . I~-" '1.0 I::'I,J L_ r -~ -.- ~.~' :. u L'~= ~:.:::) F~: : C2, iT-- ~- . cS . C) l. UJ LL Ln o ,~ --~ ...:r N ::r.: oct:.i:':"~ -) t-- = =:; ("-J CJ IT'" ..D ..D IT1 nJ IT1 Lt) :::t' CJ CJ CJ CJ CJ M Cl ..D Cl Cl r'- _I fIe; ~ . c-S = ~ IS ~ == ~ ~ - - ~ .... J. ~ ~ ~ o ~ ~ = ~ o ~ ~ ~ ""c:l CI:l ~ ~ r---- 6~< t:;<'l.~ Q) (j) r- Ob.~ 00 ~ ::s l-< ._ r/). 2 ~ rJ:l .- o t:: o CI:l ~ =r: o ....... ....... [/) ro (I) ~ l::: S e (I) [/) UO a ~ ..... ;::l :-= 4-< 0<....... ~o(/)R 4-<t::(I)....... o;::l[g<t: l-< 0 0 '" (l)u..s::...... _ t:: ~ .~.o ;::l~ ~30~ ~ 0 U a U(I)U --08 8 ..... l-< (I) ..0 ~ o ~ COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF REVENUE BUREAU OF INDIVIDUAL TAXES DEPT. 280601 HARRISBURG, PA 17128-0601 REV-1162 EX(11-96) RECEIVED FROM: PENNSYLVANIA INHERITANCE AND ESTATE TAX OFFICIAL RECEIPT HAZEN MARIELLE F SU ITE 202 2000 L1NGLESTOWN ROAD HARRISBURG, PA 17110 ______n fold ESTATE INFORMATION: SSN: 195-24-9515 FILE NUMBER: 2106-0347 DECEDENT NAME: SMITH RAY A DA TE OF PAYMENT: 01/12/2007 POSTMARK DATE: 01/09/2007 COUNTY: CUMBERLAND DA TE OF DEATH: 04/12/2006 NO. CD 007692 ACN ASSESSMENT CONTROL NUMBER AMOUNT 101 I $132.25 I I I I I I I I TOTAL AMOUNT PAID: REMARKS: CHECK# 111 SEAL INITIALS: CJ RECEIVED BY: REGISTER OF WILLS $132.25 GLENDA FARNER STRASBAUGH REGISTER OF WILLS