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HomeMy WebLinkAbout96-00708 "" Oc> () t:- w- " ..:;, 0(2 ~ c:s- 0- - I CI)"- - r1 .. . 0 0 1n~ Z ~ PETITION Fon PIH)UATE and GRANT OF LETTERS ~/- 9(:;.. ?() 'ir ~Il, I'n: Regisler of Wilh for Ihe C"unlY "I' _.~1ilr!<;L,_~~, in COl1lllinnwt.:alth of Pennsylvania the /:''sl<lle of _~EH~q\XJth D. Ferucci also knowlI as ,,-.~ ~..----.,_....--_..--_.. l)e('eased. _______.,.,...~."-.~...-~ - u.".__ ." ' Social Security No__~16ft::"21l-:4Q53, .-._..--~---_..'- The pelition "r the nndersigned respectfully represenls that: YOllr pelitionerl~, who hXlQ{ IR years of age "I' oider an Ihe exeeILQy:--..,---..------ named inlhe lasl will of thc ab(we clce,'delll, dalcd_..l\Il\)UlO.t...lL._-.,~_.--...._.--------' 19. 92._ and ,odidl(s) dated ...~_.. NI.~,__..__.._..._._'-~."'------.'---'_._--'_--_"_."-"'- ~..__.,~__~,__...__."._,..__,,~__..__.------------~.._-_._,..-_._.-._~..~._~_~_~u~..___.. _.._..~_____.____.__> .._~.,.._______ ,___ .__" ___..._....., - "n "____.,,__~____" .--_. _no' ,---- ...------+ -..------,------- (~lalc rl'h~\-,l!ll .,:ir~'\IIH\IC\IK~'~, ~\,!\ rl'IHln":IJ\\IJI\, death ,)f t'\c.;utnr. eIC.) ~~-,._..._m~.'.'~- ._~__m__~"_..___".'_."~_".'._'~'__ .--- .. --._..~,,~---------------------,-----~----.------._---------..- Deccmklll was dn<llkllcd al deall1 ill ___~rli)Iil--,-,--~-.--~_.. County, Pennsylvania, \\'i)11 h..eL--- lasl ralllilv or prilleipal residel)c" al .lo1elSs~1!Il \ltllJ'lgEl..1<<x.J'l..41~-.. ~.~lt 20l.:? _~6t&1r.g".PAJJQ~!}-. _U~,-Lu.Le1LtillL1~4JfJJ--,. (11,\ '-\I-..','!, 1It\\1\bt:T <Ill.! ,WlIkil\IIH\j DCC'Clldelll, tlteI'.'"'' 13Jl_.. years of a~e, clied ...l\Ugust21._... -. ..,........-. --.,--~, 19..JJi__, alnMeaeJ<lJ:LVU.lil..ge,~OOl<fQl5., _MeG\)aJlJ~tA1rg, ~Pl\. U!!5lL......,., ---.-' h"cpl ", 1'"11"",, ,kcC'dvllt diclll"t 111'''1'\, "as lI"t di\ ,;reed alld did lI"t have a ehilcl born or adopted afle<' <:\e,ut'''1I of t'l,' \\111 Ollned I",. pr"hat"', "as lint tl1\", ictlllt "I' a killillg alld was never adjudicaled inL'olllPl'\cl1l: .'___"T_~.'~'____'_.-"-_..._- 'Dc('(,.'ndtlil at dL'atll \1\\ llcd prnpL'rlY with:'.tillH\lcd v"IIl;> i.\~ fl',llo\\-\: {I fdolnli.'HcL\ in Pa.l All PCI',,(ln~d p1'nj1i.'l'l ~ (If not c\nnlidkd ill 11a,) 11Cl'l\lllW\ pl'l)pCn) ill l)\:lln"yl\'~\lli(\ (Illlnt domidl(.'d Inl1n,) pC1'l\nnal properlY ill Ci,unt~ \'n\ll(' l,r l'cali,'slnl~ \11 Penns\h'<lni<l ,i t <lei I ,d a' 1'011.\\\,: .-- ,~_.N/A_--. -~~.--,--"'-" - .----... -..~"-""--.."-' ..----,~--._...-'-.-- $ ._40~20.0~~_- , u oS =~. 0 .=------~ $ __-'---_..Jl~---- ___.._ .___..___.....__~__u.~_~~,.~--._---....--. "..~...---~...--.. n_~~"'._"_--___.___._~-'~~._-.-.. ~_.~_..;.......----~_--.---..............----" ..--- - -- -,----_. --..----. -~- ....---.----..-.--' ---. ----....--" - . .._~..-- .-~..._-_..-_.--_..~..~--_.-------...--.----.----,_.--.-- II Hl'.KEFORE, p,~titiollcr(sl resp"l fully reqttest(SI Ihe ploba\c of Ihe luSI will alld codicil(s) presclll,d herewith alld the ~n\I)! 01' \clt,'r,_.__T...eQL~..nt.cgy-..-._.--...._~...,_.~._-----'----- \T\!ll,illi,,,,,<lry; admlllhlralillll ~',t,;,_~ adl1\IIl\~trntion d;..b,n.~.\,(I.J , ~' ; 3'!' , - ~j ;;;;: -- - ..----....---. -- ."-_...~_.._-----..,-,~-_..--------..----..- /) ~'?l/")/ l/~/l 2/~ -< (/ ,...- -ib;iEi:t~d~'r*-> / ---- ,__'~__'_ .---_.,...-...,--...tf...-,-'-..- _Vice.-~..mmtl!OO _'J.'!UBJ: Officer HersheY TtufltCOOlJiIDY--~_..-- . ~~~~~5f71l;l}~Q.~5-~==--= thi,'IOll, . ._ ._'__ --+~r___n_;--""~"<--. " H___Tr_'_~-"'."-".-'-"'-. _.,.-,-__~-_"r..-.._,'. ~,,~__.,..-.--"--""_~.~_.___..T___... .-~-. -- - . ;,... ~ '~ ", 7: ----;- -..---..---..----'- --- ,----- ._--,-------------------- OATH OF PERSONAL REPRESE~TATIVE C()~IM()NWEAI,T11 m PENNSYLVANIA COt:NT\ m C\JTbedand , . .......... j- ,,,, , is- \' I') I~\ 11w petlli"""'I" "j;,,,.'II,,,r..,,,:' ,\,.,uis( ,,' i1\lirn'I'lliL'lliIs' ,lalellle<lIS i<llh" r<Hcgoing petitloll arc In", dlld ,'lo"c"llI1 Ilwh'\1 ,'i lill' I,(\"",kd\!e a<ld ki<cl "I P~llt\l\(\er(sI ane) IIHlla'-7~J?On . represen- 1;lll\el-1 "I' the' .<I,"",c1.""...k'" 1\'t';"""",I" \,ill ''''1110'<1..1 ;:I~Y,\.}""~~t.~~:.'~'/..~,llc:~:~.".\r...:fc.cc.'oo.._._".ll\.~ 10 law, SII'."" ,,, ,'., ,.<II"""c1 ,,,,,I 'lil1",".,,'.'.1 \ ,...[/I'.'.? p-.&.,/.,- .-,..- ~ hei"'" ",.. ';"" ?,L,11\ d,I\ "I~ /-(.. '~ ("" c," '",-, ., 1"'l~,, ) .!::. lili"/[i,!Ui.,, ~", ('j) ,)':, I,t< ..) \..;-'-1".1.,. \ ~. ( Ii,'"'''!''' , 2': (')() \d :0 Gffi (J 0'. () ,_. is , C:J L<J 0 " 0) {',' . ~(i , c:\ " ):';. Ul 08/13/92 " ' !:1l..L1 9F ELIZABETH D. FERUCCI I, ELIZABETH D. FERUCCI, presently of Cumberland County, Pennsylvania, declare this to be my will and hereby revoke all prior wills and codicils made by me. 1. Proceeds from Sale of l:!ome. I direct that an amount equal to the net proceeds from the sale of my home at 32 Elm Avenue, Hershey, Pennsylvania, less all amounts from such net proceeds which have been ex~ended therefrom for my comfortable support and maintenance during my lifetime, which net amount should then be held in a trust account for my benefit at Hershey Trust Company, be distributed equally among the three children of my deceased husband, Leonard B. Ferucci, and my son, John Goodwill, Jr. If anyone of said four persons does not survive me but is survived by issue of himself or herself, his or her share shall be diAtributed per stirpes to his or her issue. If there are no such issue, said property shall go to the other beneficiaries in equal shares, or if anyone of the other beneficiaries is not then living, shall be distributed per stirpes among those of his or her issue who survive me. All income earned upon the net proceeds from the sale of my home which was not distributed to me during my lifetime, if any, shall pass as part of the residue of my estate. 2. Tanqible Personal Property. I make the following specific bequests: (a) my diamond ring to my niece, Miriam Wagner, if she survives me, and (b) all of my personal jewelry, except my diamond ring, equally to my nieces, Marjorie Beck and Judy Niessner, or the survivor of them, if both or one of them survives me. I bequeath all of my remaining tangible personal property not used in business or for the production of income, including without limitation furniture, furnishings, clothing, jewelry, objects of art and decoration, and the like, and any motor vehicles which I own, together with the insurance thereon, to my son, John Goodwill, Jr., if he survives me, and if my son does not survive me, I bequeath such property equally between my brothers, Edward Davis and Howard Davis. If anyone of my brothers does not survive me, his share shall be distributed per stirpes among those of his issue who survive me. If there are no such issue, said property shall go to my other brother, or if my other brother is not then living, shall be distributed per stirpes among those of his issue who survive me. with regard to any property passing hereunder in shares, distribution shall be made among the beneficiaries on the basis of choices made in order determined by lot and by rotation, and the values as finally determined for federal estate tax purposes (or for inheritance tax purposes if no federal estate tax return is required to be filed as a result of my death) shall be determinative with regard to the values of the property chosen, and any ultimate disparity among the beneficiaries shall be equalled by such payments among them as may be necessary. If any one of my brothers does not survive me, the choices to which he would have been entitled shall be made by his issue in order determined by lot and by rotation. 3. Residue. I bequeath, devise, and appoint all the rest of my property, of whatever nature and wherever situated, including property over which I hold a power of appointment, except that I do not exercise any power of appointment given to me by my husband, to the then Trustee(s) under a Revocable M~nagement Trust Agreement executed by me as Settlor thereof on III:;''''''). '31 , 1992/ t.o be held by said Trustee(s) and added to ~nd admrnistered as part of the trust established by said Agreement. Said trust is in existence as of the date of execution of this will, and it is my intention, if necessary to validate the foregoing gift to t.he Trustee(s), to incorporate herein by reference its terms and any amendments thereto. 4. Survi va 1. If any benef iciary hereunder should die within sixty (60) days after me/ he or she shall be deemed to have predeceased me for all purposes of this will. 5. Spendthrift Clause. No interest (whet.her in income or principal, whether or not a remainder interest, and whether vested or contingent) of any beneficiary hereunder shall be subject to anticipation, pledge, assignment, sale or transfer in any manner, nor shall any beneficiary have power in any manner to charge or encumber his or her said interest, nor shall the said interest of any beneficiary be liable or SUbject in any manner while in the possession of my fiduciaries for any liability of such beneficiary, whether such liability arises from his or her debts, contracts, torts, or other engagements of any type. 6. Faci1it~ of pavment for Minors or Ingompetents. Any amounts or assets which are payable or distributable to a minor or incompetent hereunder may, at the discretion of my fiduciaries, be paid or distributed to the parent or guardian of such minor or incompetent, to the person with whom such minor or incompetent resides, or directly to such minor or incompetent, or may be applied for the use or benefit of such minor or incompetent. 7. Powers. In addition to such other powers and duties as may be granted elsewhere herein or which may be granted by law, my fiduciaries hereunder shall have the following powers and - 2 - duties, without the necessity of notice to or consent of any court: (a) To retain all or any part of my property, real or personal, in the form in which it may be held at the time Of its receipt, including any closely held business in which I have an interest and the stock of any corporate fiduciary hereunder, as long as in the exercise of their discretion it may be advisable so to do, notwithstanding that said property may not be of a charaoter authorized by law. (b) To invest and reinvest any funds held hereunder in any property, real or personal, including, but not by way of limitation, bonds, preferred stocks, common stocks and other securities of domestic or foreign corporations or investment trusts, mortgages or mortgage participotions, mutual funds with or without sales or redemption charges, and comThon trust funds, even though such property would not be considered appropriate or legal for a fiduciary apart from this provision. (c) To sell, convey, exchange, partition, give options to buy or lease upon, or otherwise dispose of any property, real or personal, at the time held by them, at public or private sale or otherwise, for cash or other consideration or on credit, and upon such terms and for such price as they may determine, and to convey such property free of all trusts. (d) To borrow money from any person, including any fiduciary hereunder, for any purpose in connection with the administration hereof, to execute promissory notes or other obligations for amounts so borrowed, to secure the payments of such amounts by mortgages or pledges of any property, real or personal, which may be held hereunder. (e) To make loans, secured or unsecured, in such amounts, upon such terms, at such rates of interest, and to such persons, firms, or corporations as they may deem advisable. (f) To renew or extend the time for payment of any obligation, secured or unsecured, payable to or by them as fiduciaries, for as long a period or periods of time and on such terms, as they may determine, and to adjust, settle, and arbitrate claims or demands in favor of or against them. (g) In dividing or distributing any property, real or personal, included herein, to divide or distribute in cash, in kind, or partly in cash and partly in kind. - 3 - (h) Without limitation of powers elsewhere granted therein, to hold, manage and develop any real estate which may be held by them at any time, to mortgage any such property in such amounts and on such terms as they may deem advisable, to lease any such property for such term or terms and upon such conditions and rentals as they may deem advisable, whether or not the term of any such lease shall exceed the period permitted by law or the probable period of retention under this instrument; to make repairs, replacements and improvements, structural or otherwise, in connection with any such property, to abandon any such property which they may deem to be worthless or not of sufficient value to warrant keeping or protecting, and to permit any such property to be lost by tax sale or any other proceedings. (i) To employ such brokers, banks, custodians, investment counsel, attorneys, and other agents, and to delegate to them such ~~ies, rights and powers as they may determine, and for such periods as they think fit. (j) To register any securities at any time in their own names, in their names as fiduciary, or in the names of nominees, with or without indicating the trust character of the securities so registered. (k) With respect to any securities forming a part of the trust, to vote upon any proposition or election at any meeting of the corporation issuing such securities, and to grant proxies, discretionary or otherwise, to vote at any such meeting; to join or become a party to any reorganization, readjustment, merger, voting trust, consolidation or exchange, and to deposit any such securities with any committee, depository, trustee or otherwise, and to payout of the assets held hereunder, any fees, expenses and assessments incurred in connection therewith, to exercise conversion, subscription or other rights, and to receive or hold any new securities issued as a result of any such reorganization, readjustment, merger, voting trust, consolidation, exchange or exercise of conversion, subscription or other rights and generally to take all action with respect to any Euch securities as could be taken by the absolute owner thereof. (1) To engage in sales, leases, loans, and other transactions with any trust established by me or my husband, even if they are fiduciaries or beneficiaries thereof. (m) To exercise all elections which they may have with respect to income, gift, estate, inheritance and other taxes, including without limitation election to deduct expenses in computing one tax or another and election to payor to defer - 4 - . ., ..'. '~..' ,., ~,' ...' 'n. . payment of any tax, in all events without their being bound to require contribution from any other person. (n) To operate, own, or develop any business or property held hereunder in any form, including without limitation sole proprietorship, limited or general partnership, corporation, association, tenancy in common, condominium, or any other, whether or not they have restricted or no management rights, as they in their discretion think best. 8. Taxes. I direct that all estate, inheritance, and succession taxes that may be assessed in consequence of my death, of whatever nature and by whatever jurisdiction imposed, shall be paid out of the principal of my probate estate to the same effect as if said taxes were expenses of administration, except that any such additional taxes (and interest and penalties thereon) imposed on account of my interest in or power over any trust established by my husband shall be paid out of the property held in such trust, and all other property includible in my taxable estate for federal or state tax purposes, whether or not passing under this will, shall be free and clear thereof; provided, however, that my executor(s) may in the discretion of my executor(s) request that any portion or all of said taxes (to be paid out of the principal of my general estate) shall instead be paid out of the principal of any trust established by me, to the extent expressly authorized under the terms of said trust. 9. Gender. Unless the context indicates otherwise, any use of either gender herein shall also include the other gender. 10. Fiduciaries. I appoint Hershey Trust Company as Executor hereunder. My fiduciary hereunder shall serve as guardian of the property of any minor beneficiaries hereunder, under any instrument of trust executed by me, under any policies of insurance on my life, and in any other situation in which the power to make such appointment exists under the laws of Pennsylvania. My fiduciary shall not be required to furnish bond or other security for the proper per.formance of its duties hereunder. IN WITNESS WHEREOF, I, ELIZABETH D. FERUCCI, herewith set my hand to this, my last Will, typewritten on seven (7) sheets of - 5 - STATEMENT OF FINAL PROPOSED DISTRIBUTION BY HERSHEY TRUST COMPANY, TRUSTEE UNDER AN AGREEMENT OF TRUST DATED JUNE 25,1969 BETWEEN HERSHEY TRUST COMPANY, ELIZABETH 0, FERRUCI, DECEASED AND LEONARD B. FERUCCI, DECEASED HERSHEY TRUST COMPANY, as Trustee, states and proposes to distribute the remaining Income and Principal, as of October 18, 1996, per the First and Final Account as follows: Baiance of Principal Balance of Income $267,272,22 $ 4,420,33 TOTAL ~ The Trustee proposes to distribute said cash, $271,692,55, as follows: A. To: Leonard D, Ferucci Pursuant to Articles 1 and 4 of the Agreement of Trust dated June 25, 1969: Principal Cash $ 66,818,06 Income Cash $ 1,105,08 $ 67,923.14 8, To: Eleanor Bramante Pursuant to Articles 1 and 4 of the Agreement of Trust dated June 25, 1969: Principal Cash $ 66,818.06 Income Cash $ 1 ,105.06 $ 67,923,14 C. To: Lorna Vaught Pursuant to Articles 1 and 4 of the Agreement of Trust dated June 25,1969: Principal Cash $ 66,818.05 Income Cash L 1,105,09 $ 67,923,14 INHERITANCE TAX RETURN FOR DATES OF OEATH AFTER 12/31/91 CHECK HERE IF A SPOUSAL RESIDENT DECEDENT P.oVEF1.lY_C-'2~g!! IS CLAIMEDQ_____...__ C,IMMONWEAI If< 01 "INN"" V,\N'^ (1'0 BE FILED IN DUPLICATE FILE NUMBER Ot:f1AfHMUHOF f1EvENI;( 21 96 HAf(RIS~C~~,"~~'~~:""O"OI Wlnt REGISTER OF WILLS) COUNTY CODE YEAR ]ECEDENT'S NAME (LAST, FIRST, AND MID~~E IN.ITI~Z;- -"'-~=[~liL;~f'I;~~~'-S COMPLETE ADDRESS F'erucci, Elizabeth D c/o Messiah Village SOCIAL SEcuRity NUMBER - DA.TE OF D'EATH 'DATE OF BlfHH P,O, Bax 2015, Mechanicsbm-g, PA 17055 DECEDENT 186-28-4053 08/21/96 02/29/1.208 Counly Cumberland (IF APPLICABlE) SUAVIVIN"b 5,lJII~JF'~; NAME (L.AST, SOCIAL SECURITY NUMBER AMOUNT RECEIVED (SEE INIHRUCTIONSI ..'mST AND MIOCJLE 'NlfIAU'" . .... 17, Amount 01 Uno 14 taxable al 15% raW (Include values Irom Schadule K or Schedule M) 18. PrIncipal lax duo (Add lax Irom Linoa 15, 16 and 17.) 19, Crodits SJ'lou$b1 Poverty Crltdlt Prior Paymonts Discount Interest _ + ---..Jl, 100.00 + 450.00 - ___ (19) 20, II Line 19 is realer Ihan Line 19, enler Ihe difference on L1no 20 This Is 1110 OVERPAYMENT, (20) A. Ch.ok h.... If V~.... requeotlnu_. refund o,~-; ov.rpayment. I 21, II Line 19 m grealer Ihan Line 19, entor IIle dllfuronco on L1no 21. Tills Is Iha TAX DUE, (21) 2,004.00, A. Enter tho intorest on 11m balanco duo on Uno 21A. (21A) 0.00 B, Enlor the lolal 01 Line 21 and 21A on Line 21B, Tills Is Ihe BALANCE DUE, (21B)__ 2,004.00 Mak. Check P.!'yable to: Regl!,'" at Wille, Ago"t _ " ...... ... .. BE SURE TO ANSWER ALL QUESTIONS ON PAGE UNO TO RECHECK MATH .... ... -- - Under penalties of perjury, ( doclaro that I havu exuminod this ruturn, Including accompanYing schodulos llnd statements, anc110 tho baSI of my knowlodgo and baliel, It IS truB, corracl and complolo. I doclaro that aU roal oslate has boon reportod at trUD markot value. Doclarallon 01 preparer othor than 1ho pO/sonal ~'Cerasenlallvo Is basod on '"I1'IO~~"OI~~~~, has _any kn"~~ _____ SIQ~orp((A'0'2'H"'5f'_oNSlOLt;.F.{ rlt~NV1{1~,~ ADORlS5 DA"(I ,;( 6?fo;-) -', . . / See.Schedule attad1E.'<i \rc~ -. ~ "..", , ;-- "LL-I-"'-C ,. '-'-".1 310NI\TURE OF PR' 'AR ROT1!~:f\ lHAN flH~"'lI(r...;'AIIVE AODflfSS OATf: ..___:::::~__._..____ P.O. Box 445, 100 M-11~i?f1 RcBd F.ilHl:.__.__. ___.,..__.__ Hershey, PA 17033- 0445 !lev 1500 EX. i'..Y.I\ CHECK APPRO- PRiATE BLOCKS CORRES- PONDENT RECAPIT- ULATION TAX COMPUTA- TION PA15001 , , 0708 NUMBER 2i 1, Original Return o 4 Llmitod Estate 0 4a. FlJturo Interest Compromlno (lor d"la9 01 doalll '11m 12-12-921 r8 a. Docedent Died Tostate ~ 7, Decedont Maintained a liVing Trust (Mach copy 01 Will) (AIl,oh copy 01 Trll.l) AU- CORRESPONDF.NCE AND CONFIDENTIA~ TAX INFORMATION SHOIJ~D BE DIRECTED TO: NAME COMPLETE MAILING ADDRESS He.rshey Trust C~-YLExecutor Attention: Robert K. Reitzel TELEPHONE NUMBER P.O. Box 445, 100 Mansion Rood 717..520-1109 Hershe PA 17033 1 Real Estale (SCllOduIO AI ( I I None 2 Slacks and Bonds ISchedule BI (2) .None 3 Closely Held SlocklPannershlp Inleresl (Sch, C) (3 )____. None 4, Mortgages and NOlas ROCOlvablo (Schedule D) (4) None 5, Cash, Bonk Doposlls & MI,cellanoous Parsonal ( 5) 39,956.00 Property (Schodule E) 6, JOintly Ownod PropBlty (Sclledule F) 7, Tran,lers (Schedule G) (Schedule LI 8. Total Gross Assots (total Linos 1 ~ 7) g, Funoral EKpensos, Administrative Costs, Miscellaneous Expanses (Schedllle H) 10 Debls, Mortgage Liabilities, Lie,," (Sclladulal) 11, Tolal Deducllons (10101 Lines 9 & 10) 12, Nel Velue 01 ESlale (Line 9 mlnuti L1no 11) 13, Charllable and Govarnmonlal Be~uosl. (Schodule J) Supplomon1al RehJrn 3. Romalnder Roturn {tor {!aIUIlI dOa\ll pllor 10 \t-\J.~ll o 5, Fodoral Estate Tax Ruturn ROQlJIred o O. Tolal Numbor of Safo Doposit Boxos East (6 ) (7 ) None 148,842.00 (6 ) 188,7.98,00 (9 ) 12,036.00 (10) 2,692.00 14,728.00 174,070.00 None (11) (12) (10) 14, Nol Value Sub eel 10 Tax (Line 12 minus Line 10) 15. Spo\J8A1 Tr<lIlSlorll (lor d<lIOIl or <Ieall1 Alter 6~]O-9t\). SlIe (15) Irlstruclionalor AppliCAble Pll1cllntO\le on Pagll2. (Inoludll VAllJulrom Scl1oaulo 1<,'1 ScneduIIlM,) 16. Amount 01 Lino 14lQxable at 6% rate (16) (Include values ham Schedule K or Schedule M,) 174,070.00 (14) x , , 172,860,00 x ,06 10,372.00 (17) 1(210.00x ,15 , 182,00 (19) 10,554.00 8,550.00 COPYrlghl Forms 9ollwM' OrJII', \99'" Nall;o, Inr. N1l4f'Anu 1 NTf 61119 08/13/92 ~(Q)~Y ~vJ Ii!" QE .!tUf!1JDE'!'ll.~Jh_ F'ERj)CCI I, ELIZABETH D. F'ERUCCI, presontly of Cumberland County, Pennsylvania, declare this to be my will and hereby revoke all prior wills and codicils made by me. 1. Proceeds-I.t:QJ1Ll;ia lJLof ...!lQ.!]LQ. I direct that an amount equal to the net proceeds from the sale of my home at 32 Elm Avenue, Hershey, Pennsylvania, less all amounts from such net proceeds which have been o>:pencjr>d therefrom fOt" my comfortable support and maintQnance durlnq my 11fotlmo, which net amount should then be Iwld in a t.rust acccunt for my benefit at Hershey Trust Company, be distributed equally among the three children of my deceased husband, Leonard B. Ferucci, and my son, John Goodwill, Jr. If anyone of said four persons does not survive me but is survived by issuo of himsc'lr or herseH, his or her share shall be dist.ributed per stirpes to his or her issue. If there are no such issue, said property shall go to the ot.her beneficiaries in equal shares, or if anyone of the other beneficiaries is not then living, shall be distributed per stirpes among those of his or her iss1Je who survive me. All income earned upon the net proceeds from the sale of my home which was not distributed to me during my lifetime, if any, shall pass as part of the residue of my estate. :2. T.9..nqLbl~rsonal Prol).grtv. I make the following specific bequests; (a) my diamond ring to my niece, Miriam Wagner, if she survives me, and (b) all of my personal jewelry, except my diamond rlng, equally to my nleces, Marjorie Beck and Judy Niessner, or the surv i VOl: of thelll, .it ooth or 0118 of them survives me. I bequeath all of my remaining tangible personal property not used in businoss or for the production of income, including without limitat.ion furniture, furniShings, clothing, jewelry, objects of art and decoration, and the like, and any motor vehicles which I own, together with the insurance thereon, to my son, John Goodwill, Jr., if he survives me, and if my son does not survive me, I bequeath such property equally betWeen my brothers, Edward Davis and 1I0ward Davis. If anyone of my brothers does not survive me, hls share shall be distributed per stirpes among t.hose of his issue who survive me. If there are no such issue, said property shall go to my ot.her brother, or if my other brother is not then living, shall be distributed per stirpes among those of his issue who survive me. With regard to any property passing hereunder in shares, dist.ribution Shall be made among the beneficiaries on the basi:; of cho,ices m.lele in order determined by lot and by rotation, and the values as finally determined for federal estate ta>: purposes (or for inheritance tax purposes if no federal estate tax return is required to be filed as a result of my death) shall be, determinative with regard to the values of the property chosen, and any ultimate disparity among the beneficiaries shall be equalled by such payments among them as may be necessary. If any one of my brothers does not survive me/ the choices to which he would have been entitled shall be mado by his issue in order determined by lot and by rotation. 3. ResJ..QQQ. I bequeath, dov ise / and appoint a 11 the rest of my property, of whatever nature and wherever situated, including property over which I hold a power of appointment, except that I do not exercise any power of appointment given to me by my husband, to the then TrUstee(s) under a Revocable M~nagement Trust Agreement executod by mo as Sottlor thereof on ~r'h') ;3 i _, 1992/ to be hold by suid 'l'rustee(s) and added to ~nd admlnlstered as part of the trust established by said Agreement. Said trust is in existence as of the date of execution of this will, and it is my intention, if necessary to validate the foregoing gift to the Trustee(s), to incorporate herein by referenco its terms and any amonclments thereto. 4. surviVsl.l. If any beneficiary hereunder shOUld die within sixty (60) days after me/ he or she shall be deemed to have predeceased me for all purposes of this will. 5. Spenq.l;.hri.f,L.Clause. No interest (whether in .income or principal, whether or not a remainder interest, and whether vested or contingent) of Dny beneficiary hereunder shall be subject to anticipation, pledge, assignment, sale or transfer in any manner, nor shall any beneficiary have power in any manner to charge or encumber his or her said interest, nor shall the said interest of any beneficiary be liable or subject in any manner while in the possession of my fiduciaries for any liability of such beneficiary, whether such liability arises from his or her debts, contracts, torts, or other engagements of any type. 6. Facilitv of Payment for Minors or__rn.co...!JJQ.etents. Any amounts or assets which are payable or distributable to a minor or incompetent hereunder may/ at the discretion of my fiduciaries, be paid or distributed to the parent or guardian of such minor or incompetent, to the person with whom such minor or incompetent resides, or directly to SUch minor br incompetent, or may be applied for the use or benefit of such minor or incompetent. 7. Powers. In addition to such other powers and duties as may be granted elsewhere herein or which may be granted by law, my fiduciaries hereunder ShDIl have the following powers and - 2 - duties, without the neoessity of notice to or consent of ~ny oourt: (a) To retain all or any part of my property, real or personal, in the form in which it may be held at the time of its reoeipt, inoluding any closely held business in whioh I have an interest and the stock of ilny corporate fiduciilry hereunder, as long as in the exercise o[ their discretion it may be advisable so to do, notwithstanding that said property may not be of a oharaoter authorized by law. (b) '1'0 invest and reinvest ilny funds held hereunder in any property, reill or personal, including, but not by way of limitation, bonds, preferred stocks, common stocks and other seourities of domestic or foreign corporations or investment trusts, mortgages or mortgage participations, mutual funds with or without sales or redemption charges, and common trust funds, even though such property would not be considered appropriate or legal for a fiduciary apart from this provision. (c) 'I'o sell, convey, exchange, partition, give options to buy or lease upon, or otherwise dispose of any property, real or personal, at the time held by them, at public or private sale or otherwise, for cash or other consideration or on credit, and upon such terms and for such price as they may determine, and to convey suoh property free of all trusts. (d) 'I'o botToW money from ilny person, including any fiduciary hereunder, for any purpose in connection with the administration hereof, to execute promissory notes or other obligations for amounts so borrowed, to secure the payments of such amounts by mortgages or pledges of any property, real or p~rsonal, which may be held hereunder. (e) To milke loans, secured or unsecured, in such amounts, upon such terms, at such rates of interest, and to suoh persons, firms, or oorporations as they may deem advisable. (f) To renew or extend the time for payment of any obligation, secured or unsecured, payable to or by them as fiduciaries, for as lonq a period or periods of t.ime and on such terms, as they may determine, ilnd to adjust, settle, and arbitrate claims or demilnds in favor of or ilgainst them. (g) In dividing or distributing any property, real or personal, included herein, to divide or distribute in cash, in kind, or partly in cash and partly in kind. - 3 - (h) Without limitation of powers elsewhere granted therein, to hold, manage and develop any real estate which may be hel~ by them at any time, to mortgage any such property in such amounts and on such terms as they may deem advisable, to lease any such property for such term or terms ahd upon such conditions and rentals as they may deem advisable, whether or not the term of any such leose shall excep<! tho porIod penni t.b'd by law 01: tho probable period of retention uncle,r this Instrument; to mal,e repairs, replacements and Improvements, structural or otherwise, in connection with any such property, to abandon any such property which they may deem to be worthless or not of sufficient value to warrant keeping or protecting, and to permit any such property to be lost by tax sale or any other proceedings. (i) 1'0 employ such brokers, bi1nks, cus\:odians, investment counsel, at.torneys, and other agents, and to delegate to them such duties, rights and powers as they may determine, and for SUch per iods as t.hoy th ink ri t. q) 'ro register any ,;ecurl ti os at. any time in thc,ir own names/ 1n their names as fIduciary, or in the names of nominees, with or without Indicating the trust character of the securiti8s so registered. (k) with respect to any securitIes forming a part of the trust, to vote upon any proposition or election at any meeting of the corporation issuing such securities, and to grant proxies, discretionary or othorwlso, to vote at any such meeling; to join or become a party to any reorganizatIon, readjustment, merger/ voting trust, consolidation or exchange, and to deposit any such securities with any committee, depository, trustee or otherwise, and to payout or the assets held hereunder, any fees, expenses and assessments incurred in connection therewith, to exercise conversion, subscriptIon or other rigllts, and to receive or hold any new securities issued as a result of any such reorganization, readjustment, merger, voting trust, consolidation, exchange or exercise of conversion, subscription or other rights and generally to take all action with respect to any such securities as could be taken by the absolute owner thereof. (1) 1'0 engage in sa les / leases, loans, and other transactions with any trust established by me or my husband, even if they are fiduciaries or beneficiaries thereof. (m) To exercise all elections which they may have with respect to income, gift, estate/ inheritance and other taxes, including without limitation election to deduct expenses in computing one tax or another and election to pay Dr to defer - 4 - payment of any tax, in all events without their being bound to require contribution from any other person. (n) To operate, own, or develop any business or property held hereunder in any form, including without limitation sole proprietorship, limited or general partnership, corporation, association, tenancy in common, condominium, or any other, whether or not they have restri~ted or no management rights, as they in their discretion think best. 8. 'l'axes. I direct that all estate, inheritance, and succession taxes that may be assessed in consequence of my death, of whatever nature and by whatever jurisdiction imposed, shall be paid out of the principal of my probate estate to the same effect as if said toxes were expenses of adminIstration, except that any such additional taxes (and interest and penalties thereon) imposed on account of my interest in or power over any trust established by my husband shall be paid out of the property held in such trust, and all other property includible in my taxable estate for federal or state tax purposes, whether or not passing under this will, shall be free and clear thereof; provided, however, that my executor(s) may in the discretion of my executor(s) request that any portion or all of said taxes (to be paid out of the principal of my general estate) shall instead be paid out of the principal of any trust established by me, to the extent expressly authorized under the terms of said trust. 9. Ge!Jd9r. Unless the context indicates otherwise, any use of either gender herein shall also include the other gender. 10. Fiducia.rig);;. I appoint Hershey Trust Company as Executor hereunder. My fiduciary hereunder shall serve as guardian of the property of any minor beneficiaries hereunder, under any instrument of trust executed by me, under Any policies of insurance on my life, ilnd in any other situation in which the power to make such appointment exists under the laws of Pennsylvania. My fiduciary shall not be required to furnish bond or other security for the proper performance of its duties hereunder. IN WITNESS WHEREOF, I, ELIZABETH D. FERUCCI, herewith set my hand to this, my last Will, typewritten on seven (7) sheets of - 5 - 08/13/92 t(Q)[P1f' g I~VQQ{lIll,I':n MAN ACI':M EN'!' 'I'HU,;'LM;ll,!):.!,;l1~li']: HIS A REEMEN'!', miHle, executed and delivered this 3/-'-L day of " , 1992, by and between El,J ZAI3E'rH D. FERUCCJ, an adult. d v dual residin<} j n Mechan i csburg, Ct'mber land county, Penney! anIa, hereini1fter cal] ed tlw "Settlor", AND \ HERSHEY TRUST COMPANY, a banking and trust institution with offices located in Hershey, Dauphin County, Pennsylvania, hereinafter called the "'l'rustee". YL~l...~t~.li._E... SSE r1' JLt WHEREAS, the Settlor desires to oreate a revocable trust for her sole and exclusive benefit and for the purposes herein set forth, and the Trust.GO is wi lling to serve as the fiduciary hereunder and thereof, il] 1 on the conca tions fwd terms hereinafter set forth. NOW THEREFORE, in consideration of these premises, and the mutual covenants herein contained, the parties hereto, each intending to be legally bound Iwreby, do now covenant and agree aLl follows: 1. rransfer, The Settlor does hereby transfer, assign and set-over to the Trustee, all of the Settlor's right, title and interest in and to all of the property described in Exhibit "A" attached hereto and hereby made an integral part hereof, the Trustee to hold and administer the same in trust under and in accordance with the terms and conditions set forth in this Agreement. The Settlor, i1nd i1ny other persons, natural or legal, may at any time or times, by deed, Will or otherwise, transfer additional property to the Trustee for the uses and purposes herein set forth, and the Trustee shall accept and receive such additional property whenever tendered to it and shall hold and administer such additional property in trust under and in accordance with the torms and conditions set forth in this Agreement. AI] property held in trust pursuant to the provIsions of this Agreement collectively is hereinafter referred to as the "Trust Estate". Tho Settlor and the Trustee, and any persons transferring any property to the Trustee hereunder, shall cooperate witll one another at all times In preparing, completing, executing, dolivoring, fll inq and recording such deeds, instrumontn ilnd oUlC'r document [J iH, llli1Y be nC)CeSsilry 01' appropriate to implement, effect or perfoct the trans for to the 'rrustee of the constituent a~,sets and property of the 'l'rust Estate. 2. 'rrus1.!lQ. 'J'he 'I'rustce hereby "ccepts the truElt creatod by this Agreement under and subject to the terms and conditions herein set forth, and agrecs to continue holding in trust and administer the Trust Estnte in ncoordance with tho provisions hereof. The interest of the 'I'rustee In the 'I'rust Estnte and ench of the constItuent nssets and propcrties thereof, "nd it is so acknowledged and il!]reed by both Pi\)"\:.[es hnreto, Is f101ely that 01 a fIducIary hold!n!] the 'I'ru!;t EFJtato .In trust for the oxcluslvp benefit and enjoyment of the Settlor and for such other purposos as are herein provided. 3. Q.ettc19J:-'_~.~!"l.f.",.timQ. For ilnd during the li fet Ime of the Settlor, the Trustee shall mnnilge and administer the Trust Estate In order t.o provi dc' for thf' Sot t lor's :1 onq-term Cilro, support, maIntenance, heal th, and ('xtl',\onlinary neods, in accordance with the following torms ilnd conditions: (a) 'rhe Trustee shall invest t.he TI:ust Estate and receive and collect all .Income, earnings, interest, rents, gaIns, proceeds ilnd profits i1ris.in(J fn)m such inventmQnts of thQ '{'rust Estate. (b) 1'h", Trustee shall distribute to t.he Settlor, or otherwise payor apply as t.he Sett.lor may direct, all net income of and from the Trust Estate in such installments and with such frequency as may be directed by thQ Settlor, but in no event less frequent.ly than qUilrterly; (c) The TrustQe shall distribute to t.he Settlor, or otherwIse payor apply as the Settlor may direct, principal of the Trust Est.ate as t.he Settlor [rom time t.o time may request; , (d) If at any time the Settlor is adjudicat.ed incompetent by a court. of proper jurisdiction, or is, in the opinion of the 1'rustee, unable to mnnage her affairs propedy by reason of illness or ment.al or physical disabilit.y, the Trustee shall dIstribute, payor apply from time to time such amounts of the net income, and if that be insufficient then from the principal of the Trust Estat.e, as may be necessary or appropriate to maintain for th", Settlor a standilrd of living approximately equIvalent to thilt IlOW (~lljoyC'd by hQr, to meC't. tllC expenses and costs of maInt.aining her 11('0] th E~uch as nwdical, dental, hosp.i tal and nursIng expenses arising from illness, ilccident, disability or invalIdism, to provide fOI" and mQot any cxtl"aordinary or emergency expenses, and to provide for or meet any other purposes the Trustee may deem to be In the best. int.erests of the Settlor; in any such case, the Trustee may make or apply any payment under this subparagraph direct.ly to the PQrson or persons, natural or legal, to whom sllch payment is due and owing fOI" goods and/or - 2 - services provided to or for the benefit of the Settlor, or to whom such payment otherwise is due bnd owing from the Settlor, and evidence of such payment or application shall be a full and complete discharge of the Trustee to the extent thereof. 4. SettJoJ,:~J?...Jlea.tll. Upon the death of the Settlor, the Trustee shall distribute, absolutely and free of trust, all principal of the Trust Estate, together with any undistributed net income thereof, to such persons and in such manner as the Last will of the Settlor in effect at the time of her death may provide specifically by reference to this Agreement, and if no such specific provision therein is made, then to the same person or persons and in the same manner as the rcsiduary ostate of the Settlor passes undel.lwl' LiH;j: Ivill in effect. at till' time of IW1' death, and thel:eupon the t,ruf;t: created 11Oreundol.. shall tel'lnlnate. In the event that the Last Will of the Settlor at her death (I) shall provide that the residue of her probate estate be distributed to or be made part of the within Trust, or (ii) shall be invalid or c4hall fall for 'lny l.'ca80n [01\1C11 that the Settlor's probate estate passes under applicable laws of intestate succession, or (iii) in till' event: the Scttlo,' dics without leaving a Last Will, then all principal and undistributed net income of the Trust Estate shall be distributed, absolutely and free of trust, to the Settlor's son, John Goodwill, Jr., if he survives her, and if Settlor's son does not survive her, then equally between Settlor's brothers, Edward Davis and Howard Davis. If either of said brotlJeI:n of the Se\:\:Lol: sha1J lid,] to survive the Settlo,., then ';,licl brotJ1C'r'n share hel'eundel. shall. pass and be distributed, absoLutel.y and free of trust, to his issue surviving tho Settlor, per stirpes, and if there be no surviving issue of said brother of Settlor, then to Settlor's other brother named above or his issue surviving the Settlor; provided, however, that if any person to whom a distribution is to be made under this paragraph has not then attained the age of thirty (30) years, the share of the Trust Estate distributable to him or her shall not be distributed free of trust but rather shall be placed and held In a separ,lte trust adminJstel:ed by the Trustee for the exclusive benefit of said person as its beneficiary in accordance with the fallowing terms and conditions: (a) From time to time, the 'l'rustee shall distribute or apply such amounts from the net Income, and if that be insufficient then from the principal of such separate trust, as the Trustee in its sole discretion may deem necessary or appropriate to provide rensonable support and maintenance, to meet the expenses of health maintenance such as medicnl, dental, hospital and nursing expenses arising from illnoss, accident or disability, and to the exten\:. that funds from the sepal.'a\:e trust - 3 - are still available, to provide an education (including without limitation vocational, collego, post-graduate and professional education) for said benofic1ary; amI, in detel"ndning whethel: and to what extent such distrIbutlom1 nhall bo mndo, the 'I'rusteo shall consider such other assets nnd sources of income or support as may be available to said beneficIary; and, at the end of each trust year, all not income from such separate trust that during such trust year was not distributed to or applied for the benefit of said beneficiary hereunder shall be added to the principal of such separate trust. (b) 1Jpon t.he beneficiary attaining the age of thirty (30) years of age, the Trustee shall distribute all principal and any undistributed net income of such separate trust to said beneficiary absolutely and froo of trust, Should said beneficiary dio befOl'e all pdncip,ll und undistl^ ibut.ed net income of such separate t.rust has been dist.rib\lted to OL' applied for his or her benefit herounder, all principal and undistributed net income of such separate tnlst. shal] be distributed absolutely and free of tnlst to tho tllC'n [;urvivinl] issuc' of such beneficiary, and if there are no such iSfHw, per stiqJes to the then s\ll:vivinq issue of Settlor's parents, per stirpes, with the share of any such issue who is then a beneficiary of a sepurate trust created under this parugraph being added to unel administered as a part of such separate trust. 5. ,9J!.r.Y.tYaJ,.J;:Ji1\lSQ. ] f any bene ficiary hereunder shou lel die within ninety (90) duys after Settlor, or within ninety (90) days after ilny otlwr per SOil Ute f1l11:vival 01. whom detet'l11.1.neS his or her rights hereundeL", then such bene fie i.ary sha 11 be deemed to have predeceased Settlor or such other person for all purposes hereunder. 6. 2.Rendtl:u::.i.tLJ?royJEC1.QDf!. No interest of any benef iciary or distributee hereunder in either the principal or income of any trust created hereunder (whether vested or contingent., and whether or not a remainder interest) shall be liable or subject. in any manner while in t.he possession oC the Trustee to anticipation, pledge, assignment, sale, transfer, charge or encumbrance, whether voluntary or involuntary, or for any liabilities or obligations of such benefic1<n.y or d ist.dbutee whether arising from his or her clouth, debts, contracts, torts at. engagements of any type. 7. Truste5!~.~LP.Ql'.S!J:~. Subject to any restrictions or directions elsewhere contained in this Agreemont, and except as otherwise specifically provided by law, in the administration of the Trust Estate and each trust created hen:.,under, the l'rustee shall have the fOllowinq pOWC'I.I" which milY be exorcisod without - 4 - soeking or obtaining leave of COUI"t, in addition to all those powers as the Trusteo may have by law: (a) ^t any Umo, to retain any property, real or personal, tangible or intangible, or mixed, or interests therein, wheresoever situate, in the form in which it may be at the time of' the Trustee's l"ecoipt thel:oof or t1wroafter, including without limi tat ion any bus.iness ownod or controllod by the Settlor, so long as in the exercise of the Trustee's discretion it may be advisable so to do, notwithstanding that said property may not be of a character authorized by law, and to conduct or participate in any such business as a sole proprietorship, corporation, partnershlp Dr joint V('nt.ul.o, oven though it was not so org'lnized or conducted at Uw time of thc~ 'I'nlstc,o's l'ocoipt t!](>I"cof. (b) To purchase, subscribo for, .invest and reinvest, with any funds held in trust hereunder, in any property, real or personal, tangible or intangible, or mixed, or interests therein, wheresoever situate, as and in such proportions as the Trustee may deem best, including, notwithstanding any contrary laws regarding conflict of interest, securities issued by the TrusteD hereunder 01" any affiliate thel:eof, and any common trust fund maintained by the TrusteD (a part of the Trust Estate so transferred to any Buch common trust fund being subject to all the terms and provisions of such common trust fund, which contemplates the commingling for investment purposes of assets of the Trust Estate with trust assets of other trusts), even though such property would not bo considered appropriate or legal for a fiduciary in the absence of this provision, .it being the Settlor's intention to give the Trustee the same power of investment and reinvestment that the Settlor would possess if present and acting. (c) To sell, convey, exchange, partition, redeem, convert, surrender, give options upon, or otherwise dispose of any property, real or personal, tangible or intangible, or mixed, or interests therein, wheresoever situate, at any time held by the Trustee, at public or private sale or otherwise, for cash or any other consideration, or on credit, in such manner, to such persons, for such price, and upon such terms and conditions as the Trustee may deem best, and no person dealing with the Trustee shall be bound to see to the application of any funds paid to it. (d) To lend and borrow mcney, to and from such persons or entities (including the executor or other personal represantative of the Settlor or any deceased trust income beneficiary hereunder), ~] such amount or amounts, payable at such time or times ilnd at sllch rntofo1 of int(>r(~st, ei tilor unsecured or with such seCllr i ty, and llnder such othor tOl:ms ilS - 5 - the Trustee may deem advisable, and for any monies borrowed by the Trustee, to exeouta and deliver promissory notes or other evidenoe of obligation and as seourity mortgage, pledge or encumber any property, real or peraonal, tangible or intangible, held in trust hereunder. (e) To renew or extend the time for payment of any obligation, seoured or unsecured, payable to or by any trust hereunder, for such period or pedods of time and upon such t.erms as the Trustee may determine, and to adjust, settle, oompromise and arbitrate claims or demands in favor of or against any trust hereunder. (f) '1'0 hold, miln,lqe, operate, improve, partition or subdivide any real estate that. may be held by t.he Tr:ustE,'e at. any time, wheresoover slt.uat.e, t.o mort.qaqo any such property In such amounts and upon such terms iW the 'I'rustcoe may consider. proper, to lease any such property for' such term or terms nnd under such conditions and rentals as the Trustee may deem advisable, irrespective of whetllC't: t.he term of nny such ]ei1se shnll exceed the period pl2rm I t ted by 1 aw or t.he probable perl ad o[ retentl on in trust, and to make repairs, replacements and Improvements, structural or otherwise, in connection with any such property. (g) To abandon any property held by the Trustee that is of no value or that the Trustee may deem to be of insufficient value to warrant keeping, maintaining or protecting, and to permit any such property to be lost. Dt \:DX RRle or other proceeding. (h) To the extent that the Trustee deems it advisable, to acquire and continue in [orOB insurance on the life of the Settlor and pay the premiums therefor out of the income or principal of the Trust EstRte, and upon the Set.tlor's death, to acquire and continue in fOl'ce inH<lr'ance on the life of any Income beneficiary of any sepDrate trust created [or his or her benefit hereunder and pay the premiums therefor out of the income or principal of such beneficiary's separate trust; to obtain any cash surrender value of any such policies and add the same to trust principal, or to convert any such policies to permanent paid-up insurnnce; and to deal with SLlch policies il~ ,lny WilY that the Trustee in its discI.etion may dett~nnine to be in the best interests of the Settlor And ot.her trust beneficiaries hereunder, including without limitation borrowing aqainst such insurance policies in order to pny the promiums thereon. (i) In dividing or distributing any property hereunder, real or personal, tangible or intangible, or mixed, or interests therein, to divide or distribute in cash, in kind, or - 6 - part.ly in cash ilnd portly in kind, ilndln 8harus different in kind from other shares, as the Trustee may determine, and to that end to allot specific securities or other property, or an undivided interest therein, to any share, part, trust or distributable portion; however, no statutorily provided interest shall be allowed or paid on any distribution of property made by or from the Trust Estate or any trust hereunder, and all net income thereof shall be allocated and distributed as herein provided with no requirement that such income be accrued for or apportioned between any successive beneficiaries hereunder. (j) To retain, employ and pay agents, employees, accountants and counsel, includinq but not limited to investment counselor advisors, brokers, banks, custodians and other ~gents, for advice and other prOfessional services, and to delegate to them such duties, rights and powers as the '['rustee may determine, for such time period or periods as it may deem advisable. (k) To register any securities held in trust hereunder at any time in tho 'l'ruste(,' sown Ilanw / in its nilme as fiduciary, or in the name of a nomirwo, with or: without indicating tho trust character of the secur i ties so t"og istered. (1) With respect to ony securities held in trust hereunder: to vote upon any proposition or election at any meeting of the corporation issuing such securities, t.o grant discretionary or other proxies, to join and participate in any merger, reorganization, readjustment, votinCj trust plan, consolidat.ion, exchange or other concerted action of holders of securities for the deposit. of securities under agreements and payment of assessments, to deposit any such securities with any committee, trustee or other depository, to subscribe for stocks and bonds, to grant, obtain or exercise options, and generally exercise all rights of holders of securities and t.ake all actions with respect to any such securities ilS could be taken by the absolute owner thereof, inclUding without 1 imit.ation the delegation of discretionary duties with respect thereto. (m) In dealing with t.he st.ock of any close or other corporation, partnership interest, or other business held in or forming part of any tnlst horeundor / to (1 iSI"c,gard any pr inciple of investment diversification and retain any part or all of it for so long as the Trustee may deem advisable; to do anything that the Trustee may consider appropriate with regard to its operation, expansion. reduction, liquidiltion or termination, or any change in its purpose, nature or structure; to delegate authority or duties to any director, stockholder, manager/ partner, employee or agent/ and to approve its payment of reasonable compensation to any such person; to cause it to borrow - 7 - money at reasonable terms from the banking department of the Trustee hereunder, notwithstanding any contrary laws regarding conflict of interest; to make additional investments in it if such action appears to be In the best interests of the beneficiaries hereunder; and, to participate actively in the management thereof and receive compensation for such services in addition to ilny feos ai' compon!1itUon to whIch tho 'l'rustee is otherwise entitled as a fiduciary. (n) Unless exercised by the Settlor, or upon her death by the Settlor's executor or other personal representative, and to the extent permitted by law, to exercise any election, right or privilege given hy federal tax laws, or the titX laws of Pennsylvania or any othor Jurisdictions, and to determine and pity from the Trust Est.ate, or' i\ny tnlst lwreunde>r, any tilxes properly payable by or assessed against tho Trust. Estate or such trust, or the income or assets thereof, unless liitbility for payment of such taxes is assumed by t.he Settlor or one or more beneflcii\ries hereunder in a manner satisfactory to t.he Trustee, and in any such case t.o make 01' not: llli1ke r;lIch componsilt.inl) i1d:iustmonts i1S between income and pI' i nc ipil J of ilny trust hereundel: ilS the Trustee may deem appropriate. (0) To exercise all rights, options, powers and privileges granted to the Trustee as the named beneficiary by, under or with respect to any life insurance or annuity policy, or any pension, ret.lt^ell10nt, we] fill.C 01' other b8n8fit plan or program, the procecdr' 01' benel its 01, 11'011I 01- undc'r which are payable to the 'l'rllstee her-eunde'l. iln stich bene" i c i i11-y thereof, to collect and receive payment of such proceeds or benefits with no payor thereof to be responsible for the Trustee's application of the payment so made, and to compromise or settle any guest ions relating thereto as the Trustee may deem best; provided however, that the Trustee shall not be required t.o inst.itute litigation to recover any such proceeds or benefits unless t.he Trustee is reasonably indemnified for costs, counsel fees and other expenses of such litigation. (p) To combine for purposes of administration and investment any or all of the trusts created hereunder; provided however, that neither this power nor its exercise shall alter their status as separate trusts. (g) In general, to exercise all powers in the management of the assets and propei't ies he] din trust hereunder that any individual could exercise in the management of similar property held in his or her own right, upon such terlllS and conditions as to the 'l'ruste(~ IHilY .seem best, and to eX8cute <lnd deliver all instruments ilnd dOClIlIlC'nts ,1nd do ill I a cUe; thilt t1H' - 8 - Trustee may deem necBssary or proper to carry out such management and its duties in the administration of any trust under this Agreement. 8. Accountin.gE.. Within a reasonable period of time, but in no event later than sixty (60) days after the expiration of each trust year hereunder, the Trustee shall prepare and furnish to the Settlor in the CilS(' of till' TI:ust Estate, and to each income beneficiary of any separate trust created hereunder, a copy of a detailed accounting, statement of receipts and disbursements, and balance sheet reflecting all transactions of the Trust Estate of such separate trust, as the case may be, for such trust year. 9 . Tfili..~ . (a) Upon the death of the Settlor, or any income beneficiary of a separate trust created hereunder, the Trustee may, if in its sole discretion the Trustee deems it necessary or adv isable to Pi-otf'C\: t11f' '1"-'1'; t- 1':!,Ll Lf', or :\\I"h LlOPill-il tp tl"\lnt, il!\ the case may be, 01- \:0 faei I itat<' the settlement 01 the estClte of such decedent, but sh,d I l1i1ve no duty or obligation to: (i) purchase with funds of the Trust Estate, or such separate trust, as the case may be, any securities or other property, or portions thereof or interests therein, tendered by such decedent's executor or other personal representative at any time or times within tlw 1_)('I'iod of nine ('Jl months a 1'1:('1' the diltc of the decedent's deoth, at the market value thereof ot the time of purchase, with any difference of opinion as to such market value to be fixed by the decedent's executor or other personal representative, whose determination thereof sholl be conclusively binding upon the Trustee and all persons claiming hereunder or interested therein; (ii) pay from the Trust Estate, or such separate trust, as the case may be, any or all estate, inheritance, legacy, transfer, sllccession or death taxBs, of whatsoever nature or kind and by whatsoever jurisdiction imposed, including but not limited to generation-skipping transfer taxes imposed under the Internal Revenue Code of 1986, os nmended, payable or assessed in consequence of the death of such decedent, and any or all interest and penalties thereon. (bl Upon the death of the Settlor, if any estate, inheritance, legacy, transfer, succession or death taxes, of whatsoever nature or kind and by whatsoever juriSdictions imposed (excluding however any generation-skipping transfer taxes imposed under the Internal RevenUB Code of 1986, as nme"dod), nre payable - 9 - or assessed in consequence of the Bettlor's death against, by reason of or with respect to tho Trust Estate or any assets or property thereof, thon unloss the sottlor's j,ast will in effect as of the date of her death shall provide that such taxes shall be paid by her executor from her estnte, the Trustee shall pay all such taxes, including any interest and penalties thereon (but excluding any of the aforesaid generation-skipping transfer taxes, and any interest or penalties thereon) from the principal of the Trust Estnte, or make provision or allowance for such payment, without contribution, recovery or collection from any beneficiary or distributee hereunder. If any such taxes are payable or assessed partly by reason of the Trust Estate and partly by reason of assets or property not included in the Trust Estate, then unless tho Sl'tt]OI-'S L"lst Ivi!l in effect as of tho date of her death shall provide otherwise, the Trustee shall pay from the principal of the Trust Estate the difference between (a) the sum of all such taxes, and any interest and penalties thereon (but excluding any of the aforesaid generation-skipping transfer taxes, and any interest or penalties thoreon) payable or assessed in consequence of the Sl~\:t1ol:'S doa\:h, and (b) t.he sum of n]l such taxes, interest. and ponaltieR (excluding any of t.he aforesaid generation-skipping trnnsfor t.axes, and any interest or penalties thereon) t.hat would havo bec'n payable ai' assessed in the absence of the Trust Estnte or tho assets or property thereof, it being hereby intended and direct.ed that unless the Settlor otherwise pt'ovides in her Last will, the princJpal of the Trust Estate shall pay tho incremont.al portion of such taxes, interest and penalt.ies (excluding any of t.he aforesaid generation-skipping t.ransfor taxes, and int.erest and penalties thereon) attributable to the Trust Estat.e or the assets or property thereof. (c) Payment of all taxes authori.zed or required under the preceding provisions of this paragraph shall be made by t.he Trustee to the proper taxing authorities, or in the Trustee's sole discretion to the executor or other persona] representat.ive of the Settlor or other decedent for delivery to such taxing authorities, after receiving from such executor or other personal representative a written certificat.ion as to the ,-,mount of such taxes, interest and penalties, upon which certification the Trustee shall be ent.itled to rely conclusively. 10. Restriction. Notwithstanding any other provisions hereof, in no case shall any annuity or other payments, or the proceeds of any life insurance policy, receivable by the Trustee in consequence of the denth of the Settlor or any trust income beneficiary hereunder, which with respect to such decedent's estate are not subject in whole or in part. to federnl estate taxes under the Internal Revenue Code of 1986, as amended, or to - 10 - state inheritance, estate or other death taxes under the laws of the Cmnmonwealth of Pennsylvania or any other applicable jurisdiction, be receivable or received by, paid or loaned to/ or used by or applied for tho benefit of the estate or executor of such decedent, or any other person or purpose/ to the extent that such nontaxable annuity or other payments or life insurance proceeds thereby would be subject to federal estate taxes or said state death taxes. 11. :rnj.@..tee'_fL COnu;?QDsation. 'I'he '1'rustee shall be entitled to receive fair, equitable and reasonable compensation for its services hereunder as nnd when such services al:e rendered, in accordance with its then prevailing schedule of fees. In addition, tho '1'nwtee shall be entitled t.o n~coive reimbursement. for any expenses incurred by it in ncting as the fiduciary hereunder. All trust fiduciary foes and expenses hereunder shall be deducted from and chargGd to the income / and if that. be insufficient then the principal, of each t.rust. hereunder on account. of which such focs and expenscs werc Incurred or t.o which they are otherwine ilttr-ibutabl0 01- illloCilbl,', i1[" nncl when the 'frustee shall detennine, but not less II-cquently than once ench trust year. 12. ll.Q_!3SLDd. '1'he 'I'rustee sha II not be requ i red in any jurisdiction to tlle, enter or post bond or any ot.her securit.y for the fnithfuI performance of its dut.ies under this Agreement.. 13. Revo.9atjpn. '1'110 Settlo!.- may revoke t.his Agreement or the Trust Estate hereunder, in whole or in part, at any time or times hereafter by written instrument executed by the Settlor and delivered to the Trustee during t.he lifetime of t.he Set.tlor. 14. Amgndment. The Settlor may amend or modify this Agreement or any provisions hereof, in whole or in ~art, at any time or times hereafter by writt.en instrument executed by the Settlor and delivered to the Trustee during the lifetime of t.he Settlor, provided, however, that. no provisions hereof t.hnt are for the benefit or prot.ection of the Trustee, or that. relat.e to the duties of t.he Trust.ee hereunder, mny be amended or modified except by written inst.rument. executed by bot.h the Set.t.lor and t.he Trustee. 15. QonstructioD.. 1\11 questions pert.a ining to the validity, interpretation, construction, adminlst.ration and enforcement of t.his Agreement and each trust created hereunder shall be det.erm.ined in accordance with the lalvs or the Commonwealth of Pennsylvani~. Where used In this Agreement, unless the context otherwise clearly requires: the plural shall include the singular, nnd the singular shall include the plural; - 11 - and thereby become the sole owner of the real estate known as No. 32 Elm I\venue, Hershey, Derry Townehip, Dauphin County, Penn- sylvania, she will devise the same by her Will to Husband's issue who shall survive both Husband and Wife, per stirpss. 2. Wife further agrees that should she alienate or encumber .aid premises, she will leave by Will to Husband's issue who shsll survive both Husband and Wife the principal of the net proceed,S of such alienation or encumbrance except to t he extent that she has nscessarily used said principal during her lifetime for her comfortable support and maintenance if her income from suoh proceedS and other sources ~hall be insufficient for .uch support and maintenance, Upon such alienatiOn or encumbrance, and in order to carry out the provisions of this paragrsph, Wife shall promptly place such net proceeds in trust with Hershey Trust Company as Trustee to pay to her or apply for her use during her lifetime the in."ome and such prinoipal as aforesaid. 3. Husband agre.s that he will make the dispositions of his property a. provided in his Will dated ,1.." f '1'3 , 1969. 4. For purpo.es of ParagraphS 1 and 2 only, "Husband's issue" shall be determined as if Wife's son, JOHN GOODWILL, JR., has the same status as a child of his as his three children have. S. No bond or security shall be required of either party for the faithful performance of this agreement. 6. 1\11 pdor agre.ments between the partie. pertaining to the same Bubjeot matter ore hereby revoked and canoelled. -6- (I) (~ \'1 ;,J ':.~ ,-- f,:::;:; '. ~ N >.:: .,,1- ~ ,-j)!:!: 1'- (\)5 u: p, ou 10-21-97 FERUCCI 08-21-96 21 96-0708 CUMBERLAND 101 [=_:=:_~~~~~~:T!_~~~n~ l MAKE CHECK PAVABLE AND R!MIT PAVMENT TO: REGISTER OF WILLS CUMBERLAND CO COURT HOUSE CARLISLE, PA 17013 CUT ALONG THIS LINE .. RETAIN LOWER PORTION FOR YOUR RECORDS ~ II 'EV: is'ii - ilf -A j: ii - i Oi-.-97Y -NoT" Ie E - -OF - YNH Ell-IT A 'ff6 E - T"A x-lip PRli IS Et.f EN T -; -Ai:. row A ;.ft E - '(ill -- - - - - - - - - - - - - - - -- DISALI.OWANCE OF DEDUCTIONS AND ASSESSMENT OF TAX ELIZABETH D FILE NO. 21 96-0708 ACN 101 If an assessment wes issued previously, lines 14, IS and/or 16, 17 and 18 will reflect figures that include the total of abh returns assessed to date. ASSESSMENT OF TAX: 15. Al'lount of Line 14 .t Spousal 16. A~ou"t of Lin~ 14 taxable ot 17. A~ount of Line 14 taxabl. .t 18. PrinciPII Tax Due /:{-;J 1/ ~n COMMONWEALTH OF PENNSVLVANIA DEPARTMENT OF REVENUE BUKfAU Of INDIVIDUAL TAXES INIt[RIUNCI. TAl( lllVISION nu'r. <'l\Oh01 tlARR1BIHJrlO, PA 111211-0601 NOTICE Of INHERITANCE TAX APPRAISEMENT, ALLOWANCE OR DISALLOWANCE Of DEDUCTIONS AND ASSESSM1NT Of TAX ROBERT K REITZEL HERSHEV TRUST CO PO BOX 445 HERSHEV DATE ESTATE OF DATE OF DEATH FILE NUMBER COUNTY ACN PA 17033 ESTAn OF FERUCCI TAX RETURN WAS, I I ACCEPTED AS fILED RESERVATION CONCERNING FUTURE INTEREST - SEE REVERSE APPRAISED VALUE OF RETURN BASED ON: ORIGINAL RETURN 1. Rllal Est-t. (Schedule Al (1) 2. Stocks and Bondi ISchedull 8) (2) 3. Clonb H.ld stoc\(/p.rtn.trship Int.rest ('Soh.duh C) (3) 4. Hortg.ges/Not., Rae.iv_bIe (Schedule D) (41 Ii. Cash/Bank Oepos! ts/I11 BC. PlIrsonlll Property (Schedule E) (5 I 6. Jointly Owned Property (Schftdule F) (6) 7. Transfers (Schedule G) (7) 8. Totel Asset. APPROVED DEDUCTIONS AND EXEMPTIONS: 9. Funarel Expense./Adm. Cost5/Hlsc. Expenses (Schedule H) (9) 10. Debts/Mortgage Liabilities/Liens (Schedule I) (10) 11. Tobl Oeductions 12. Net Value of Tax Ratul'n 13. Charitable/Government.l geque~ts (Schedule J) 14. Net Value of Estate S~Jbj.ct to Tax NOTE I rate Lineal/Cl." A rat. Coll.teral/Class 8 rat. liS) 1I61 1I7l TAX CREDITS I PAYMENT DATE 11-21-96 05-21-97 RECE I PT NUMBER AA1469i4 AA211325 DISCOUNT 1 +) INTEREST IPEN PAID 1-) 4~0,00 .00 INTEREST IS CHARGED THROUGH 11-05-97 AT THE RATES APPLICABLE AS OUTLINED ON THE REVERSE SIDE OF THIS FORM , . ( X I CHANGED SEE it~ .l~.l\~1 B HP 111.911 ELIZABETH D DATE ATTACHED 10-21-97 .00 .00 ,00 ,00 39,956,00 ,00 435.466,00 (8) 12.036,00 2,692.00 1I11 1I2) (l31 1I41 ,00 (,59,484,00 1,210,00 X,OO. X ,06. X ,15. 1I81 Non CE NOTE I To Insuf'e proper credit to your account I submit the Upper portion of this form with your tax payment. 475.422,00 14,nR nn 460,694,00 .00 460,694.00 .00 27,569,04 182.00 27,751.04 TOTAL TAX CREDIT 11,004,00 BALANCE OF TAX DUE 16,747,04 "-~--------_._--- -..----------- INTEREST AND PEN. 694 _ 94 ----_._--_._--,--,- '.-..". TOTAL DUE 17,441.98 . If PAID AfTER DATE INDICATED, SEE REVERSE fOR CALCULATIDN Of ADDITIONAL INTEREST, AHOUNT PAID 8.550,00 2.004,00 If TOTAL DUE IS LESS THAN .1, NO PAYMENT IS REqUIRED, If rOTAL DUE IS REfLECTED AS A "CREDIT" (CRI, YOU HAY BE DUE A REfUND, SEE REVERSE SIDE Of THIS fORH fOR INSTRUCTIONS, I . flESERVAT10NI EI\all;' of dlcad.nh dying on or blfor, OIO,.tllllr 12, 198Z .~ If any 'utllra Int,raU .In thl utatl II tren,f,rl'ld III pou".lon or enjoYlont to ClI.. a (ool1e\llrll) bandle!.r!.. of the dlcadent aftlr thl Ixplretlon of _my I.t.t. for Ilf. or for y..rl, thl Co~.onw81Ith herebY I)(pr...ly r.~.rY'1 the right to IPpral.. and I..... tran,far Inherltanoe TaK.' It thl lawful Claflt B (oolhltl,'.1) rab on MY .uch futl.ll"41 Int_rut. PURPOSE OF NOTlCEl PAVMENTI Rl:FUND (CR) I OBJECUONSl ADHIN ISTRATIYE CORRECTIONS I DISCOUNT I PENALTY' rHTUEST, To fulfill thl requlr...nts of Sactlon Z140 of thl Inherltlnc. and E,tat. Tux Act, .lot 21 of 199~. (72 P.S. betlcn 9140), Oatooh thl top portion of this Hotloe and tubllt with your pava,nt to thl Algl,tar of Will. prlntld on thl rlvlr.. .idl. uHakl oh.ok or lIonl)' order pl18abh tal RESISTER OF HILLS, AGEN'! A r.fund of a tax or.dlt, whloh wa. not requ..ted on tho Ta~ Retvrn, Ilav be reque.ted by (ollpletlng an "Applloatlon for Rlfund of Penn'Y1varl!a Inherltancl ,nnd E.tate Tax" (REV~lJ13l, Applloatlon. are l'I",alhbl. at th,Offlc. of the Rlgl.ter of WIll., anv of thl 2J Revenv. Ol.trlot Of Floe., or by calling tne .plalal l4-hour an.w.rlnll ..rvlol m.llb.r, for torllll orderlnlll In Penn,Ylvanlr, 1-800-362-20S0, aut.ld. P.nnsvl'Hmla and wlthJn looal flarrhbul'lI area (7111 181-80941 TDUI (11) 712-22S2 (H.erlng IIlIPalr.d Onh), Any pnrty In Int.r..t not .atl.fled with the appraIs.ll.nt, aIIowan(l~ or dl.aIIowano. of d.duotlon., or al......nt of tlX (IncIudln~ dl.oount or Int.r..t) a. .hown on thl. Hotloe MUlt Objeot wIthin .Ixty (60) day. of rlollpt of thl. HoUoe bYI ~-writtln protest to the PA Oepartunt of Revtlnu., Board of Appeal., nept, 281021, Ilarrllburll, PA 17128-1021, OR --llIoUon to havI the utt.r l1uhrllllned ftt audit af the neeDunt of the plrsonal rlpr..lntatl"'I, OR --app.al to the Orphan.' Court. Faotual Irror. dI.oovQred on thl. a"ol.lIIlnt .hould b. addr....d In wrltlnll tal PA O.part..nt of Rlvenul, Bur.au of Individual Ta~.', ATTHI po.t A.....III.nt Re",l.w Unit, ~Ipt. 280601. Harrl.burg, PA 111~8.0601 Phon. (111) 181~6S0S. S.. page S of the booklet "In.tr~ctlon. for Inheritance Tax R.turn for a R..ldent Decedent" (nEV~lSnl) for an explanation of Idelnl.trallvely oorreotable Arror.. If an~ tlX dUI I. paId withIn three (3) ealtndftr lIIonth. Ift.r the d.oed.nt'. death, a five pero.nt (SX) di.oount of the tlX paid I. a\Iowld. The 15% tax a~..ty non~p.rtloJPatlon p.naltv I. oo.p~ted on th. total of the tax and Int.r..t a......d, .nd not paid befar. January 18, 19~6, the fJr.t day aft.r the Ind of the tax aln..ty p.tiod, This non-partlcJpltlon p.n.lty II ~Ip..labll In the .1.. ."nnn and In th. the .a.. tift. Plrlod at you would app..l the tax and Int.t..t that ha. b..n .......d al Indicated on thl. notlo.. Int.r..t I. oharll.d blglnnlnll with flr.t d~y of d.llnqulnoy, or nine (9) lonth. and one ()) day fro. the dlt. of d..th. to thl datI of Plv.lnt. Tlx.. which ble... d.llnqulnt b.for. Janunry I, 1982 b.ar Intlre.t at th. r.t. of .Ix (6%) p.ro.nt p.r ann~1II calculat.d at a daJly rat. of ,000164. All tIX.. whloh b.o..' d.llnqu.nt on and .ftlr January I, 1982 will bur Intarut at a ratl whIoh will very fr08 oal.nder Ylflr to oal.nder ynr with that rat. announo.d bv the PA Departlll.nt of Revenu.. Thl IPplloabha lntlr..t l'llte' for 1982 throullh 1997 arl' '!!!!. Inttr..t R.tl OaJlv Intlr.~~ ~ Inter..t Rlt. Oalh Intlr..t Faotor 1982 20:< ,000548 1987 9% ,000247 19U 16:< ,000"3& 1981.1991 1}jC ,000501 1984 11:< ,000501 1992 9~ ,0002"7 19&5 11% .000556 1995hl994 n .000192 1916 10:C .000214 1995.1991 .~ ,000247 "Intlr..t it Clalou!at.d .. follow'l INTEREST . SA LANCE OF TAX UNPAID X NUHSER OF DAYS DELINQUENT X DAILY INTEREST FACTOR ..Any Hotlo. l.sUld aft.r the t,M bloo..ft dlllnqulnt will r.fl.ot an Int.r..t caloul.tlon to flft..n (1') d.V' blyond the date of the a....".nt, If paYIII.nt It ,ad. Ift.r the Intlr..t cOllputatlon dati .hown on the Notlo., .ddltlon.1 Int.r..t ~.t b. clloulattd, ;. , f\ \ I (I \' {y 1'/ COMMONWEALTH OF PENNSYLVANIA DEPARl'MENT OF REVENUE .9J~~ ,rtJif/iS' 1[~.l;.;J tl I" I~\-H I ELIZABETH D 1--'Amo~;;-IR;;;I\l;d---' [~='=~==:~-=1 MAKE CHECK PAYABI.E AND REMIT PAYMENT TO: REGISTER OF WILLS CUMBERLAND CO COURT HOUSE CARLISLE, PA 17013 CUT ALONG THIS LINE ~ RETAIN LOWER PORTION FOR YOUR RECORDS ~ fliv: lS4' i "'~X" -iiF'?" (0:;-: ~:"-i "l~oyn:n:f' y,;'; e:~"f'T i.'fi.;E- 'fiix" A~piiA i's;;',;i:t~l'-,- - J. ;::C 5~:.; f.: E' '(;!i" -. - .-'-' ,,- .,." -. DISALLCWANCE OF DEDUCTIONS AND ASSESSMENT OF TAX ESTATE OF FERUCCI ELIZABETH D FILE NO. 21 96-0708 ACN 101 DATE 10,,21--97 -- TAX RETURN WAS: ( I ACCEPTED AS FILED ( XI CHANGED SEE ATTACHED NOTICE If an as"essment "''''5 ;,~~,!,!CI "rElv:ou<J3Y, li~e5 14, IS ZlI;cllt:O' l~, ..'1 ""u IS will reflect figure'; ttlat inchldll thll total of AL.L. returns assessed to date. ASSESSMENT OF TAX: 15, Allount of Line 14 at Spousal 16. Al'lount of l. in. 14 hxable at 17. Amount of Line 14 taxable at 18, Princip~l Tax Cu. II 8UREAU OF INDIVIDUAL TAXES IHHERITANCE TAX DIVISION DEPT, 280&01 t\ARRJS8URO, PA lHZ8-0601 NOTICE OF INHERITANCE TAX APPRAISEMENT, ALLOWANCE OR DISAlLOWANCE OF DEDUCTIONS ANO ASSESSMENT OF TAX ROBERT K REITZEL HERSHEY TRUST CO PO BOX 445 HERSHEY PA 17033 DATE ESTATE OF DATE OF DEATH FILE NUMBER COUNTY ACN 10-21-97 FERUCCI 08-21-96 21 96-0708 CUMBERLAND 101 RESERVATION CONCERNING FUTURE INTEREST .. ~REVERSE - -- APPRAISED VALUE OF RETURN BASED ON: ORIGINAL RETURN 1. Roal Estate (Schedule A) 2. stocks and Bonds (Schedule B) 3, Closely Held stock/Partnership Intorost (Schedul(/l C) 4. Mortgages/Notes Recei'JablB (Schedule 0) s, Cash/Bank Deposits/Misc, Personal Property lSchedule El 6. JointlY O~nRd Property (Sehedu18 F) 7. Transfers (Schedule G) 6. Total Assets (ll (21_ (31_ (~) (S) (6). (71 .00 .00 .00 .00 39 ,956, 2.Q. .00 435,466.00 18) 12,036.00 2.692,00 (11) 112) ( 131 114 ) APPROVED DEDUCTIONS AND EXEMPTIONS: 9, Funeral Expenses/Adm, costs/Mise, Expenses (Schedule Hl 10. Debts/Mortgage Liabilities/Liens (Schodule I) 11, Total Dnductlons 12. N.t Valu. of Tax Return 13, Char i table/GOYAI'omental Bequest s (Schedl.l!e J) 14, Net Value of Estate Subject to TaM ( 9) 110) NOTE: .00 X,OO, 459,484.00 X.06, 1 . 2 1 0 , 00 X . 15, rah LineAL/Class ^ rat. Collateral/Class Brat. 115 ) (16) (17) TAX CREDITS: ~---_..__._~.._.._-_._.~-_.~-~------_._~-~----~~..-----.----_.--- __:Ai-~~:'96-fl~--_-i\;i:~~;4---L~NT:;EIiTC~~E~ P:A:~ . ~- ~ 05-21--97 AA211325. \ .00 --,-----_.,~ _._---_.._--,-_._~,~---,-,.,-- INTEREST IS CHARGED THROUGH 11-05-97 AT THE RATES APPLICABLE AS OUTLINED ON THE REVERSE SIDE OF THIS FORM -'._-'~_._~'--- AMOUNT PAlO -~8,550.bo- 2,004,00 NOTE: To insure proper oredit to your eccountl subnit the up~er portion 01 this forI! with :lour tax paYWlent. 475,422.Q.l!. 14,PR 00" 460,694.00 .00 460,694.00 118)_ .00 27.569.04 - 182.00 27,751.04 TOTAL. TAX CREDIT~:' l\, 00'4.00 _.._-~_. . ------_..~---- BALANCE OF TAX DUE 16.747.04 INTEREST AND-PEN-~-'-----~94 ---~-_.--~_..- .'-"'---' -..---..---'---'" TOTAL DUE, 17,441.98 ^..~.,._--"-_....._-,------ .--..---.." ._~.-_...--.-,----_.-------------.. . lF PAID AFTER DATE INOICATEO. SEE REVERSE FOR CAlCULATION OF AODITIONAL INTEREST. I IF TOTAL DUE IS LESS THAN $1, NO PAYMENT IS REQUIRED. IF TOTAL aUE IS REFLECTED AS A "CRI'DIT" (CR). YOIJ MAY BE DUE A REFUND. SEE REVERSE SIDE Of TIllS f'ORM FOR ItISTRUCTIONS,) PA't'MENTI Dttaeh the tap portion of thl. NotIce and JUbMJt wJth Your pa~~ent .adt pa~abl. to th. nl~' and addr... printed on the rever.e tide, If RESIDENT DE:CF.DEHT uk.. cheok or fllOnClY order payable tOI REGISTER OF WILLS, AGENT. If NOH-RESIDENT DECEDENT flllkl chflClk or t1on6lY order plIyabte tOI COMMONWEAL nl OF PENNSYLVANIA, REFUND (CRll A refund of 8 tax Qrtdlt, whloh was not ruquQlted on the Tax Return, ~ay be requested by COMPletlno an "Application for Refund of Pennsylvania Inhor Itance and Estah Tex" (REV-Ul3), Applications are available 8t the OHlce of the RoglStClr of Wills, My of the 2~ Revonue District OHloQS or from tha Oepllrtment's 24-hour answ.ring service numbers for forms orderlngl In Pennsylvania 1-SOO-36Z-20S0, outside P8nn~Ylvlnlll and within looal Harrisburg area (717) 7S7~S094, TOO. (717) 772-2252 eftelring Irnpalrod only). REPLY TOI Questions regarding errors contained on this notice should be addre'Ued to: PA O.partllllnt of Rev.nu., BurulI o,f Individual ltIxu, AnNI Post ASSeSSlllElnt R'\llew Unit, Dept. 2S0601, Hllrrlsburg, PA \1126-0601, pilon. (17) 787.6S0S, DISCOUNT: If any tex duo Is peJd within throe UJ calendsr Months I'Ifter the docodent's denth, a flye percent (S%) dIsoount of the tex paid Is allowud. rENAl TVI The IS% t....x lllllnGSty non-pnrtlclpstion ponlllty Is cOMputed on the total of the hl< and IntnrGst nssessed, and not paid before January IS, 1996, the first dllY 8ft.r tile end of the tax aMnesty periOd. INTEREST: Intere.t It charged begJnnlng with first day of deUnquoncy, or nine (9) Months ond one (l) day frail thll date of duth. to the dl!lte of paym.nt. hxu whioh beol!l.1I delinquent before Janllftry 1, 1982 blllr Inter8lt at th'" rate of six (6%) p.rc.nt per llnnlJlI oalculated lit a t1ally rate of .000164. All ta)(u which b.cam, d.llnqu.nt on and efter January I, 1982 will b.llr Interttt nt II rate which ulll vary frolll calendar y'8r to cahlndar yellr with that rate IllnnOUl1eeCl by the PA Oepftrtlllgnt of Rev.mID. The llppllcabl. Intllrest rates for 198i thrOUlIh 1997 arel Year Interest Rnt. Dally Interest Factor Year Interest Rfth Pelly Interest fllCtor 1982 20X ,000S48 1987 9% ,000241 1985 16% ,000(,38 1985.1991 11% ,000301 1984 11% ,000301 1992 9X ,000247 19S5 15% .000356 1993-1994 7% .000191 1986 10Y. .000274 19'15-1997 9% .000247 .-Inhrost Is calculated ., fellowsl INTEREST . BALANCE OF TAX UNPAIU X NUMBER OF DAYS DELINQUENT X DAILY INTEREST FACTOR "Any Notice luued flfhr the tax beco"u delinquent will refl.ct !'In Inhrut 081cuhtlon to flft..n C1S) day I h.yond the dllte of the IIIs.....nt, If PI'lYM.nt Is I~l!lde lIft.r the lnhrut cOMpuhtlon dllte shown on the Hotlce, llddltlonlll lntornt !!lust he calculftted.