HomeMy WebLinkAbout05-01-07
~
RE\;4t5C() EX (6-00)
OFFICIAL USE ONLY
.
COMMONWEAL TH OF
PENNSYLVANIA
DEPARTMENT OF REVENUE
DEPT. 280601
HARRISBURG, PA 17128-0601
REV-1500
INHERITANCE TAX RETURN
RESIDENT DECEDENT
FILE NUMBER
~L
COUNlY CODE
-9L 1114 ___
YEAR NUMBER
I-
Z
w
Q
w
o
w
Q
DECEDEf\ITS NAME (LAST, FIRST, AND MIDDLE INITIAL)
WANNER RICHARD
DATE OF DEATH (MM-DD-YEAR) DATE OF BIRTH (MM-DD-YEAR)
11/25/2006 6/8/1917
(IF APPLICABLE) SURVIVING SPOUSE'S NAME (LAST, FIRST, AND MIDDLE INITIAL)
H
SOCIAL SECURITY NUMBER
160-16-1128
THIS RETURN MUST BE FILED IN DUPLICATE WITH THE
REGISTER OF WILLS
SOCIAL SECURITY NUMBER
w
...
~ ~CI)
o D::~
w 0..0
:E:~
o o..m
0..
<(
[i] 1. Original Retum
D 4. Limited Estate
D 6. Decedent Died Testate (Attach copy of Will)
D 9. Litigation Proceeds Received
D 2. Supplemental Retum 0 3. Remainder Retum (date of death prior to 12-13-82)
o 4a. Future Interest Compromise (date of death after 12-12-82) 0 5. Federal Estate Tax Retum Required
D 7. Decedent Maintained a Living Trust (Attach copy of Trust) _ 8. Total Number of Safe Deposit Boxes
D 10. Spousal Poverty Credit (date of death between 12-31-91 and 1-1-95) 0 11. Election to tax under See. 9113(A) (Attach Sch 0)
THIS SECTION MUST BE COMPLETED. ALL CORReSPONDENCE AND CONFIDENT,IALTAXINFORMATIONSHOULD BE DIRECTED TO:
NAME COMPLETE MAILING ADDRESS
t-
Z
W
o
z
o
D..
(/)
W
Ill::
Ill::
o
o
MICHAEL B DEVLIN
FIRM NAME (If Applicable)
BOYER & RITTER
TELEPHONE NUMBER
POBOX 668
CARLISLE, PA 17013
717-249-3414
1. Real Estate (Schedule A)
(1 )
OFFICIAL USE ONLY
2. Stocks and Bonds (Schedule B)
(2)
3. Closely Held Corporation, Partnership or Sole-Proprietorship (3)
4. Mortgages & Notes Receivable (Schedule D) (4)
5. Cash, Bank Deposits & Miscellaneous Personal Property
(Schedule E) (5)
Z 6. Jointly OlMled Property (Schedule F) (6)
0 D Separate Billing Requested
~
S 7. Inter-Vivos Transfers & Miscellaneous Non-Probate Property (7)
::J (Schedule G or L)
I-
0:: a. Total Gross Assets (total Lines 1-7)
c(
0
W 9. Funeral Expenses & Administrative Costs (Schedule H) (9)
0::
10. Debts of Decedent, Mortgage Liabilities, & Liens (Schedule I) (10)
11. Total Deductions (total Lines 9 & 10)
~~)
':8
-;::
- t_
'"'-(
---j
~6, 442 ,c-
.
f\)
Co
(13)
18,803
457,639
o
(11 )
12. Net Value of Estate (Line a minus Line 11)
13. Charitable and Governmental Bequests/See 9113 Trusts for which an election to tax has not been
made (Schedule J)
(12)
14. Net Value Subject to Tax (Line 12 minus Line 13)
SEE INSTRUCTIONS ON REVERSE SIDE FOR APPLICABlE RATES
( 14)
457,639
15. Amount of Line 14 taxable at the spousal tax
Z rate, or transfers under See. 9116 (a)(1.2)
o
~ 16. Amount of Line 14 taxable at lineal rate
...
:;)
~ 17. Amount of Line 14 taxable at sibling rate
o
o 1a. Amount of Line 14 taxable at collateral rate
><
~ 19. Tax Due
20. D
o
457,638
o
o
x.O L (15)
X.o 45 (16)
o
20,594
o
x .12 (17)
x .15 (18)
o
( 19)
20,594
CHECK HERE IF YOU ARE REQUESTING A REFUND OF AN OVERPAYMENT
>> BE SQRE TOAN$W'ERiAI..LQUf:S;FIONSON REVERSE SIDE AND ,RECHECK MATH . < <
3W4645 1.000
f(
#)
~
~'-&. ~
~~
.....
Decedent's Complete Address:
.
SlREET ADDRESS
c/o ANN MOSER, 121 PARKER ST
CUMBERLAND
CITY I STATE I ZIP
CARLISLE PA 17013-
Tax Payments and Credits:
1. Tax Due (Page 1 Line 19)
2. Credits/Payments
A. Spousal Poverty Credit
8. Prior Payments
C. Discount
(1 )
20,594
o
19,500
1,026
Total Credits (A + 8 + C) (2)
20.526
3. Interest/Penalty if applicable
D. Interest
E. Penalty
o
o
Total Interest/Penalty (0 + E) (3) 0
4. If Line 2 is greater than Line 1 + Line 3, enter the difference. This is the OVERPAYMENT.
Check box on Page 1 Line 20 to request a refund (4) 0
5. If Line 1 + Line 3 is greater than Line 2, enter the difference. This is the TAX DUE. (5) 68
A. Enter the interest on the tax due. (5A) 0
8. Enter the total of Line 5 + 5A. This is the BALANCE DUE. (58) 68
Make Check Pa able to: REGISTER OF WILLS, AGENT
PLEASE ANSWER THE FOllOWING QUESTIONS BY PLACING AN "X" IN THE APPROPRIATE BLOCKS
Yes
[X]
[X]
[XJ
D
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 [Ja
IF THE ANSWER TO ANY OF THE ABOVE QUESTIONS IS YES, YOU MUST COMPLETE SCHEDULE G AND FILE IT AS PART OF THE RETURN.
Under penalties of perjury, I declare that I have elC8mined this return, induding accompanying schedules and statements, and to the best of my knowledge and belief, it is true, correct and complete.
Declaration of preparer other than the personal representative is based on all infonnation of which preparer has any knowledge.
SIGNA n.RE OF PERSON RESPONSIBLE FOR FILING RElURN .
~. W I ~ ~.; 1-dL. . (4r kA d t/. /))CUJrMUL
ADDRESS '
1. Did decedent make a transfer and:
a. retain the use or income of the property transferred;. . . . . . . . . . . . . . .
b. retain the right to designate who shall use the property transferred or its income;. .
c. retain a reversionary interest; or . . . . . . . . . . . . . . . . . . . . . . . .
d. receive the promise for life of either payments, benefits or care? . . . . . . . . .
2. If death occurred after December 12, 1982, did decedent transfer property within one year of death
No
D
D
D
D
[]I
~
DATE
~1~s-107
121 PARKER STREET
S1GNAn.RE OrfREPARER OTHER THAN REPRESENTATIVE
00 ~ --r~
ADDRESS
POBOX 668
CARLISLE, PA 17013
DATE
i /-0-J61
CARLISLE, PA 17013
if: m:
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. S 9916 (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 orfor the use of the surviving spouse is 0% [72 P.S. 99116 (a) (1.1) (ii)]
The statute does not exempt a transfer to a surviving spouse from tax, and the statutory requirements for disdosure of assets and filing a tax return are still applicable even if
the surviving spouse is the only beneficiary.
For dates of death on or after JUly 1, 2000:
The tax rate imposed on the net value of transfers from a deceased child twenty-one years of age or younger at death to or for the use of a natural parent, an adoptive parent,
or a stepparent ofthe child is 0% [72 P.S. S 9116(a)(1.2)).
The tax rate imposed on the net value of transfers to orforthe use of the decedent's lineal beneficiaries is 4.5%, except as noted in 72 P.S. 99116(1.2) [72 P.S. 99116(a)(1)).
The tax rate imposed on the net value of transfers to or for the use of the decedent's siblings is 12% (72 P.S. 9 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.
3W4646 1.000
"
REV-1508 EX + (6-98)
.
COMMONWEALTH OF PENNSYLVANIA
INHERITANCE TAX RETURN
RESIDENT DECEDENT
SCHEDULE E
CASH, BANK DEPOSITS, & MISC.
PERSONAL PROPERTY
ESTATE OF
RICHARD H. WANNER
FILE NUMBER
21 06 1114
Include the proceeds of litigation and the date the proceeds were received by the estate.
All property jointly-owned with the right of survivorship must be disclosed on Schedule F.
ITEM
NUMBER DESCRIPTION
VALUE AT DATE
OF DEATH
1 1987 CHEVROLET NOVA
800
2 M & T BANK - CHECKING
11,861
3W46AD 1000
TOTAL (Also enter on line 5. Recaoitulationl $
(If more space is needed, insert additional sheets of the same size)
12,661
REV-1510EX+ (6-98)
.
COMMONWEALTH OF PENNSYLVANIA
INHERITANCE TAX RETURN
RESIDENT DECEDENT
EST ATE OF
RICHARD H. WANNER
SCHEDULE G
INTER-VIVOS TRANSFERS &
MISC. NON-PROBATE PROPERTY
FILE NUMBER
21 06 1114
This schedule must be completed and filed if the answer to any of questions 1 through 4 on the reverse side of the REV-1500 COVER SHEET is yes.
DESCRIPTION OF PROPER1Y
ITEM IN:lLO: Tf€ NAME OF n-e TRANSFEREE, TI-EIR RELATIONSHIP TO DeCEDENT AN:! DATE OF DEATH % OF DECO'S EXCLUSION TAXABLE
NUMBER n-e DATE OF 1RMI5FER. ATTACH A COPY OF TI-E DEED FOR REAL EST ATE VALUE OF ASSET INTEREST (IF APPLICABLE) VALUE
1. RICHARD H WANNER TUA 463,781 100.0000 0 463,781
TOTAL (Also enter on line 7, Recapitulation) $ 463,781
(If more space is needed, insert additional sheets of the same size)
W46AF 1.000
REV-1511 EX + (12-99)
· COMMONWEALTH OF PENNSYLVANIA
INHERITANCE TAX RETURN
RESIDENT DECEDENT
ESTATE OF
RICHARD H. WANNER
SCHEDULE H
FUNERAL EXPENSES &
ADMINISTRATIVE COSTS
FILE NUMBER
21 06 1114
ITEM
NUMBER
A.
B.
1.
FUNERAL EXPENSES:
GEORGES FLOWERS
Debts of decedent must be reported on Schedule I.
DESCRIPTION
Total from continuation schedules
Claimant
Street Address
City
Relationship of Claimant to Decedent
4.
Probate Fees
2
HOFFMAN-ROTH FUNERAL HOME
Name of Personal Representative(s}
Social Security Number(s) I EIN Number of Personal Representative(s)
5.
Accountant's Fees
1.
ADMINISTRATIVE COSTS:
Personal Representative's Commissions
State
Zip
Street Address
City
Year(s) Commission Paid:
2.
Attorney Fees
3. Family Exemption: (If decedent's address is not the same as claimant's. attach explanation)
3W46AG 1000
6. Tax Return Preparer's Fees
7.
1
ADVERTISING
2
REGISTER OF WILLS
3
UCC HOMES
State
Zip
TOTAL (Also enter on line 9, Recapitulation) $
(If more space is needed, insert additional sheets of the same size)
AMOUNT
109
713
272
2,500
452
1,000
212
15
3,852
9,125
.
.
Estate of: RICHARD H. WANNER
160-16-1128
Schedule H Part 1 (Page 2)
Item
No. Description
Amount
3 NELLS-FUNERAL RECEPTION
272
Total (Carry forward to main schedule)
272
.
REV-1512 EX + (12-03)
.
COMMONWEALTH OF PENNSYLVANIA
INHERITANCE TAX RETURN
RESIDENT DECEDENT
ESTATE OF
RICHARD H. WANNER
SCHEDULE I
DEBTS OF DECEDENT,
MORTGAGE LIABILITIES, & LIENS
FILE NUMBER
21 06 1114
Report debts incurred by the decedent prior to death which remained unpaid as of the date of death, including unreimbursed medical expenses.
ITEM
NUMBER
1.
CREDIT CARD SERVICES
2 INCOME TAXES
3 PHARMERICA
4 UCC HOMES
5 UNITRIN KEMPER INS
DESCRIPTION
VALUE AT DATE
OF DEATH
164
8,100
1,109
34
271
3W46AH 2.000
TOTAL (Also enter on line 1 0, Recapitulation) $
(If more space is needed, insert additional sheets of the same size)
9,678
.
REV-1513 EX+ (9-00)
SCHEDULE J
BENEFICIARIES
.
COMMONWEALTH OF PENNSYLVANIA
INHERITANCE TAX RETURN
RESIDENT DECEDENT
ESTATE OF
RICHARD H WANNER
NUMBER
I
1
NAME AND ADDRESS OF PERSON(S) RECEIVING PROPERTY
TAXABLE DISTRIBUTIONS [include outright spousal distributions, and transfers
under Sec. 9116 (a) (1.2)]
ANN W. MOSER
121 PARKER STREET
CARLISLE, PA 17013
33.333333% Residue: 152,546
2 JACK R. WANNER
813 FAIRVIEW ROAD
CARLISLE, PA 17013
33.333333% Residue: 152,546
3 THOMAS R. WANNER
1217 BUSHNELL
BELOIT, WI 53511
33.333333% Residue: 152,546
RELATIONSHIP TO DECEDENT
Do Not List Trustee(s)
FILE NUMBER
21 06 1114
AMOUNT OR SHARE
OF ESTATE
Daughter
Son
Son
152,546
152,546
152,546
ENTER DOLLAR AMOUNTS FOR DISTRIBUTIONS SHOWN ABOVE ON LINES 15 THROUGH 18, AS APPROPRIATE, ON REV-1500 COVER SHEET
II NON-TAXABLE DISTRIBUTIONS:
A. SPOUSAL DISTRIBUTIONS UNDER SECTION 9113 FOR WHICH AN ELECTION TO TAX IS NOT BEING MADE
B. CHARITABLE AND GOVERNMENTAL DISTRIBUTIONS
3W46AI 1.000
TOTAL OF PART 11- ENTER TOTAL NON-TAXABLE DISTRIBUTIONS ON LINE 13 OF REV-1500 COVER SHEET
(If more space 15 needed, Insert additional sheets of the same size)
$
o
rI1M&rBank
t\\)1\\~jj\jjli~~~~\6i~4t~~~~\j~~\~\\ ~~jI~\lj\j~\\\\I~\lil\\\\~\\~\\j\M~\\~~\\\\\m~~\\
NOV 04 -PBC 01 , 2006 1 OF 1
.
~~~~\;)~\~i:~!mWJ~\igg~jj\1~\t \jj\jj~~\\I~\\\j\j\f~\Ji;\~\~\j~I\j~tM~\\)II\\~)\\\j~j\m~~\~I\\\~~I~\\~\j\t)~\\~\~
4433 60 M&T SBLBCT WITH INTEREST
00 4 04345M M 021
RICHARD H WANNER
442 WALNUT BOTTOM RD
CARLISLE PA 17013-3799
INTEREST PAID YEAR TO DATE
9.43
STONBHBDGE
ACCOUNT SUMMARY
NO. AMOUNT NO. AMOUNT NO. AMOUNT
12 697.40 1 1 500.00" 1 177.68 2 181.84 0.94 12 838.82
11-04-06 BBGINNING BALANCE
11-06-06 AARP HEALTH CARE PREMIUM
11-15-06 BMBARQ-PA(12) PHONE BILL
11-20-06 CHBCK NUMBER 1388
11-21-06 CHECK NUMBBR 1387
11-27-06 CHECK NUMBER 1390
11-30-06 CHECK NUMBER 1389
12-01-06 M&T BANK T3000 ACH
12-01-06 INTERBST PAYMENT
156.50
25.34
650.00
5.00
400.00
122.68
$12,697.40
12,540.90
12,515.56
11,865.56
11,860.56
-- 11, 4-60~':56""-
11,337.88
1,500.00
0.94
12,838.82
BNDING BALANCE
12 838.82
l~?\6:})J\~t}Jtr?{::;fJ?}I}ft:~f)i~~t~it:rr:tf)rlftff@~:)ltt\~tJ\@.~Q&i~t.ttj~~~tf\\\:(tr::;~~))}f~::~)f)/It:tt})tt1(:trttrf\tt:1t?f:!:}))f\?\:I
1387 11-21-06
1390 11-27-06
5.00
400.00
1388 11-20-06
650.00
1389 11-30-06
122.68
ANNUAL PERCENTAGE YIBLD EARNED. 0.10'
M&T BANK HAS JOINBD THE PLUS NETWORK, THB WORLD I S LARGEST ATM NETWORK - WITH
MORE THAN ONE MILLION ATM LOCATIONS FOUND IN OVBR 160 COUNTRIES. WHEN YOU
TRAVBL AND NEED TO TRANSACT SOMB BUSINESS AT A NON-M&T ATM WITH YOUR M&T CARD,
SIMPLY LOOK FOR THE PLUS, STAR (R), AND VISA (R) NETWORK LOGOS. AS A RBSULT OF
OUR NEW AFFILIATION WITH PLUS, M&T BANK IS NO LONGBR PARTICIPATING IN THE CIRRUS
AND NYCE NETWORKS. FOR QUESTIONS, PLBASB CALL TaB M&T TELBPHONB BANKING CENTER
AT 1-800-724-2440. THANK YOU FOR BANKING WITH M&T.
.
Ii
-J
CJ
~
,
roO
M
M 0
Cl Q
c...\O F
0
.........
l"-
N
.........
-
z..-
~
Cl
<
Cl::O 0'1 0'1
a:....J
::::n.oJ zt zt
u-
>
...........,J ll"'lO zto
U......... ,.... ,....
\0 ZC> Lf'I N
0
......... ....J
zt -1<
(\J <W
......... ~a::
.- ZZ
.- Z:;'
<
Lr..
0
c... M
(/)
<V) ..... 0'1 (\J
- ~
OV) :E: \0
W< ~
OCO
o::x::
c...V) ..... \0 0'1
< (/) .-,.... .-(\J
U 0 ~. :.::t
U CO,.... COM
I-~ I-ll"'l
....J \00'1 \OLS"\
<( I- o. ,.... o.
I- 0: M'- C"")LS"\
V) W Lf'IM Lf'I
Cl ll"'l ll"'l
-I W
1.1..
V)
c.:>
Z
0 W \0 0'1
-I :;:) I- (\J
0 ....J
:t:< <( I- M
~ > rr) ll"'l
I- NO'I NLf'I
..... (/)1I:.::t o. .:t "
a:: w Oil,...,... ....LS"\
w :::&::: ZII=-':rr) =-.:
z: 0: ~II
z: <{ .....110 0
0 <{ :::E: IILr.. Lr..
~ z: I- II I I
r 0 wIll- I-
...J - XII(/) (/)
0 I- a:: II Z z:
a::: :t: c... <(
I- -> :E: 10 10
Z 0 a:: 0.. 1-0 1-0
0 a:: 0......... > X\O ~O'I
U < V) V') LiJ :::E:r- ::EN
:J: WW Z :::E: :::E:
<{ U 00::: 0 ,.... rr)
<( :E: WM LLJ LS"\
Z a:: >:J: %:0'1 ::Ell"'l
< I-V') W
> -I 0:::"" a::LS"\
-I \0 a:: CO c... rr) c...
> Lf'I ~ <
V) 0 0 X CO CO
z 0 W < l- I-
z 0 V) I- :::E: ~
w 0
0- (\J (/)
.
...
Date of Death: 11/25/2006
valuation Date: 11/25/2006
Processing Date: 11/28/2006
Shares
or Par
Security
Description
1)
2500 AT&T INC (00206R102)
COM
New York Stock Exchange
11/24/2006
11/27/2006
2)
7350 FULTON FINL CORP PA (360271100)
COM
The NASDAQ Stock Market LLC
11/24/2006
11/27/2006
3)
50 IDEARC INC (451663108)
COM
New York Stock Exchange
11/24/2006
11/27/2006
4)
1520 PPL CORP (69351TI06)
COM
New York Stock Exchange
11/24/2006
11/27/2006 .
5)
564 SOUTHERN CO (842587107)
COM
New York Stock Exchange
11 /24 /2 006
11/27/2006
Estate Valuation
High/Ask
32.94000
33.15000
16.32000
16.31000
29.70000
28.95000
35.12000
35.15000
36.23000
36.07000
Low/Bid
32.44000 H/L
32.50000 H/L
16.22000 H/L
15.97000 H/L
27.58000 H/L
27.80000 H/L
34.17000 H/L
34.48000 H/L
6)
Div: 0.3875 Ex: 11/02/2006 Rec: 11/06/2006 Pay: 12/06/2006
36.03000 H/L
35.65000 H/L
1000 VERIZON COMMUNICATIONS (92343V104)
COM
New York Stock Exchange
11/24/2006
11/27/2006
7)
3988.036 MTB GROUP FDS (55376T817)
INTRM BD I I
Mutual Fund (as quoted by NASDAQ)
11/24/2006
8)
8030.914 MTB GROUP FDS (55376T221)
SHR DUR GV I I
Mutual Fund (as quoted by NASDAQ)
11/24/2006
Total Value:
Total Accrual:
Total: $426,508.33
35.00000
34.82000
Page 1
34.70000 H/L
34.18000 H/L
9.84000 Mkt
9.57000 Mkt
Estate of: Richard H. Wanner, TUA
Account: 2000056
Report Type: Date of Death
Number of Securities: 8
File ID: Wanner, Richard H, TUA
Mean and/or Div and Int
Adjustments Accruals
32.757500
16.205000
28.507500
34.730000
35.995000
218.55
34.675000
9.840000
9.570000
$218.55
security
Value
81,893.75
119,106.75
1,425.38
52,789.60
20,301.18
34,675.00
39,242.27
76,855.85
$426.289.78
This report was produced with EstateVal, a product of Estate Valuations & Pricing Systems, Inc. If you have questions,
please contact EVP Systems at (818) 313-6300 or www.evpsys.com. (Revision 7.0.4)
it
.
REVOCABLE TRUST AGREEMENT
FOR
RICHARD H. WANNER
ON THIS DATE, October
, 2001
, I,
RICHARD H. WANNER
of
121 Parker St., Carli31e, PA 17013
Bank), the Trustee, hereby enter into the following agreement.
, and Manufacturers and Traders Trust Company (M&T
CREA TION
OF TRUST
WHEREAS, I wish to create a revocable trust primarily for the purpose of being relieved of
investment responsibility and to provide for myself or any person dependent on me if for any
reason I am unable to direct in writing the disposition of income and principal of the Trust.
NOW, THEREFORE, in consideration of the Tmstee~s willingness to serve under this
agreement, I transfer and assign to the Trustee, in trust, the property described in Article IX.
This property, together with all other additional property hereinafter received by the Trustee,
shall be held, managed, invested and distributed in accordance with the following terms and
conditions:
ARTICLE I
DISTRIBUTIONS
During the term of the Trust, the Trustee shall hold, manage, invest and reinvest the trust
property, shall collect the income therefrom and shall distribute the net income and so much of
the principal as I may, from time to time, request for whatever. purpose or purposes I. may
designate. Any undistributed income may be added to principal for reinvestment by the
Trustee. If, for any reason, I am unable to direct in writing how to dispose of the income and
principal of the Trust, I authorize and direct the Trustee to apply such of the income arid
principal for my benefit or for the benefit of any person dependent upon me as the Trustee
deems appropriate in its sole discretion and to continue my pattern of making gifts to
individuals and organizations.
I reserve the. right. to appoint any part or all of the principal of the trust to anyone or more
persons (including myself) by delivering to the trustee a written instrument exectlted and
acknowledged solely be me or by my duly authorized attorney.:.in-fact.
The Trustee shall not be liable for the good faith exercise of its discretion in its determination
that I am incapable of managing my affairs..Any payments made to me or on my behalf
which are made in good faith shall be deemed proper and the Trustee.. shall have no duty to
inquire as to the application of any such payments by the recipient.
Upon my death, the Trustee shall distribute the principal, together with any undistributed
income, to or in tnist for such one or more persons or organizations as I may appoint by Will
specifically exercising this power of appointment or, to the extent I do not exercise this power,
to my personal representative of my estate, and this Trost shall terminate. The receipt of the
trust property held under this agreement by such person, organization, or personal
representative, shall release the Trustee from any further responsibilities with respect to such
property. This Agreement does not serve as a substitute for a Last Will and Testament.
2
.
TRUSTEE'S
AUTHORITY AND
INVESTMENT OF
TRUST PROPERTY
ADDITIONS TO
TRUST ASSETS
ARTICLE II
In addition to the powers conferred by law, the Trustee shall have the following powers, to be
exercised in its absolute discretion without the order or ratification of any Court: to retain all
assets received in kind as investments, without any duty of diversification, or to selI the same
upon such terms as it shall deem advisable; to invest in all forms of property without regard to
statutory limitations, including in one or more of the collective investment funds maintained
by the Trustee or any affiliate, or such other assets as are acceptable to the Trustee; to hold
shares in any registered. investment. company which may by advised by the Trustee or any
affiliate and from which the Trustee or any affiliate may receive compensation as advisor,
sponsor, manager, custodian, transfer agent, registrar, distributor, or service provider; to
exchange or lease for any period of time any real or personal property and to give options for
sales, exchanges and leases; to exercise all rights of security holders including the right to vote
personally or by general or limited proxy, any shares of stock; to register any securities in the
Trustee's name or in the name of a nominee; to pay, compromise, settle or release any claim
or controversy without court approval; t~Q~L1ill1cy.: from allY- sou!E.e, including M& T
Bank and to pledge any real or personal property pursuant thereto; to delegate discretionary
powers as permitted by applicable law; t~~!Dpl_()y agents, brokers, attorneys a.!ld._~_~~.2.l!n~Dts
an.QJ9 . rreat.their .compensation. a~_ il_!l__gg!llin_istra.!.i~I!_~p'ense; and t() -~ak~.. d.i~tribllti-eR-iIrCasfi----
or i,1} }(Pt~~t c.~~~! ,:,alues,i!l undivided- in~_s~~_ or non-prO rata shares, and without regard to
income tax basis, - - - ---- - -- _
------------
By way of illustration and not limitation, the Trustee may invest in interest-bearing accounts
or in certificates of deposit issued by the banking department of the Trustee, or in securities
underwritten by syndicates of which the Trustee is a member, but not if purchased from said
Trustee; and may execute purchases and sales through an affiliated discount brokerage service,
paying its regular charges as part of the trust administration expenses, so long as it provides
services of comparable quality and price as are available from alternative brokerage service
firms. The term "affiliate" shall include a subsidiary of the Trustee or any affiliate of a
subsidiary.
The Trustee is not authorized to disclose, pursuant to SEe Rule 14b-1 (c), my name, address,
or security position(s) of current and/or future security holdings that the Trust may own from
time to time.
The Trustee shan not be liable to me or any beneficiary of this trust for any loss that may
result from retaining or making investments pursuant to my directions.
Any action or distribution made by the Trustee at my direction or with my consent shall be
considered proper and authorized by this. instruIilent, notwithstanding any provision of this
instrument or rule of law to the contrary and the Trustee shall not be liable to me or any
beneficiary of the trust on account of any such action or distribution. Durin,g my. life I shall
represent the interest of an benefi2.i~Iie~oJ the trust, present and. future,contingenTor-veSted,
in any action'"regarrlmg-the trU;t-~~d my a~ti~n. shair De buliHiig on--.111 .such?e~~f1_~~~-:-
ARTICLE In
It is understood that at any time I may add cash or other property to the Trust created
hereunder, provided the same is acceptable to the Trustee, which cash or property shall
become subject to.the terms and conditions of this agreement. In addition, any other person
may add cash or other property to the Trust created hereunder, provided the same is acceptable
to the Trustee. In the event of any addition to the Trust hereunder, the Trustee shall have no
responsibility for filing any gift tax returns with respect thereto, unless otherwise agreed to in
writing by the Trustee.
I
...
REVOCATION
AND AMENDMENT
RESIGNA TJON
COMPENSATION
CHOICE OF LAW
MERGER.
OF TRUSTEE
ARTICLE IV
I expressly reserve the right at any time and from time to time to revoke, alter or amend this
agreement by written notice delivered to the Trustee, provided that the duties, powers,
compensation or liability of the Trustee shall not be changed without its written consent.
Upon receipt of my revocation notice hereunder, the Trustee shall, within ninety (90) days
thereafter, deliver all property held hereunder to me or as I may direct in writing. The Trustee
shall be relieved of all liability for acting in accordance with any such directions.
I shall be considered as "incapacitated" or "incapable of managing my affairs", for purposes of
this trust when the Trustee receives written certification from two physicians, one of whom
shall be. my regular attending physician, that I have become unable to act rationally and
prudently in my financial best interest, regardless of whether there has been any adjudication
of incapacity, mental illness, or need for a committee, conservator, guardian or similar
representative. A recovery from incapability for purposes of this trust shall be upon the
receipt by the Trustee of written certification from two physicians, one of whom shall be my
regular attending physician, that I am no longer incapacitated and am again able to manage my
own financial affairs. The Trustee shall not have any duty to monitor the health of me or to
institute any inquiry into the possible incapacity of me. However, should any such inquiry be
reasonably instituted, the expenses of the inquiry shall be paid from the trUst estate.
The Trustee shall not be liable to anyone for relying in good faith on the aforementioned
physicians' certifications. A physician shall not be liable to anyone for certifying (of failing to
certify) in good faith that I am or am not incapacitated for purposes of this instrument, and
such physicians shall be indemnified and held harmless from any loss occasioned by such
certification or non-certification made in good faith.
ARTICLE V
The Trustee may resign at any time without stating cause by delivering thirty (30) days written
notice of such resignation to me. In resigning hereunder, the Trustee shall deliver, within
ninety (90) days of the effective date of its resignation notice, all property held under this
agreement to me or as I may direct in writing.
ARTICLE VI
The Trustee shall be entitled to deduct as compensation for its services hereunder a fee which
shall be in accordance with its schedule of charges in effect at the time such services are
perfonned, and which shall be payable at such time and in such. manner as the Trustee may
from time to. time establish. For any special or extraordinary services, the Trustee shall be
entitled to additional reasonable compensation for such services.
ARTICLE VII
This agreement and the Trust hereby created shall be construed and governed by the laws of
Pennsy 1 vania without regard to its conflict of laws provisions.
ARTICLE vm
Any corporation resulting from any merger, conversion, reorganization or consolidation to
which the Trustee may be a party, or any corporation otherwise succeeding generally to all or
the greater part of the assets or busioessof the Trustee, shall be the successor to it as Trustee
hereunder without the execution or filing of any paper and without any further action on the
part of any party.
4
,
,
ARTICLE IX
PROPERTY
SCHEDULE
The Trustee acknowledgcfi receipt of the property listed below and accepts such property upon
the terms and conditions herein set forth,
~ The property schedule is attached.
ARTICLE X
CONSULT A TION
WITH A TTORNEV
I understand th.d this agreement with the Trustee does not serve as a substitute for a
Last Will and Testament and that I am hereby advised and encouraged to discuss tllC
terms of this agreement and its relation to my estate plan with an attorney of my choice.
ARTICLE XI
ENTIRE
AGREEMENT
This agreement constitutes the entire agreement between the Trustee and me and supersedes
all prior or contemporaneous discussions, understandings or agreements between us.
IN WITNESS WHEREOF, this agreement has been executed, as of the day and year first written above, by me and on behalf
of the Trustee by its duly authorized officer.
Trustee:
MANUFACTURERS AND TRADERS TRUST COMPANY
QIL"'-- ~1tj1t ~
Authj>rizcd Officer
~r2 iJ Ph{/
~<_. ;/lt~~ ~/J(J.ffi./ne4~..
Grantor SIgnature
\ D -' .J.~ -' c \
/t)--;. ? - :2 DO}
Date '
Date
5
~
~
COUNTY OF CUMBERLAND
)
:ss.
)
COMMONWEALTH OF PENNSYLVANIA
On the ~ ~/1)J day of Oc tobe r , in the year 20~, before mc, the undersigned, a notary public
in and for said , personally appeared RI CHARD H. WANNER
personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is
subscribed to the within instmment and acknowledged to me that he executed the same in his
capacity, and that by his signature on the instrument, the individual, or the person upon behalfof
which the individual acted, executed the instrument.
Notary Public
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
)
: ss.
)
On this ,1~.IfJt.l, day of October , 20~, before me personally appeared
Jane F. Burke , to me personally known, who, being
by me duly sworn, did depose and say that deponent resides at M&T Bank, 1415 Ritner Highway
in the Borough of Carlisle Cumberland Counry,
Pennsylvania ; that deponent is Vice President of
MANUFACTURERS AND TRADERS TRUST COMPANY, the corporation described in and which executed
the foregoing instrument; that deponent knows the seal of said corporation, that it was so affixed by order of the
Board of Directors of such corporation; and that deponent signed such instrument by like order.
Notary Public
6
~
~
.
LAST WILL AND TESTAMENT
OF
RICHARD H. WANNER
I, RICHARD H. WANNER, of 121 Parker Street, Carlisle,
Cumberland County, Pennsylvania, being of sound and disposing
mind, memory and understanding, do hereby make, publish and
declare this as and for my Last Will and Testament, hereby
revoking all other wills and codicils heretofore made by me.
FIRST
I direct the payment of my debts and the expenses of my
last illness and funeral from my estate as soon after my death as
conveniently may be done.
Further, in this connection, I authorize my personal
representative to expend funds from my estate, in such amount as
my personal representative shall consider necessary and desirable
for the purchase, erection and inscription of a suitable marker
for my grave.
SECOND
I direct that my Executrix shall pay all taxes that are
incurred by reason of my death, including both federal and state,
from the remainder of my Estate.
~
~
THIRD
All the rest, residue and remainder of my estate, of
whatever nature or wherever situate, I give, devise and bequeath
as follows:
A. I bequeath such of my personal property as is set forth
in a separate memorandum, which may be signed or
unsigned and dated or undated, which I shall place with
my will, to the persons therein designated. Should no
such memorandum be found with my will, it shall be
conc~usive~y presumed that none was prepared, and this
paragraph may be disregarded.
B. My children shall have the right to choose items of my
personal property not otherwise disposed of by the
separate memorandum referred to above by selecting in
turn, beginning with the oldest, and continuing until
all have chosen any items desired. The remainder of the
personal property shall be liquidated or disposed of as
determined by my personal representative.
c. All the rest, residue and remainder of my estate shall
then be distributed to my issue, per stirpes.
FOURTH
I nominate, constitute and appoint my daughter, ANN W.
2
A
.
.
MOSER, as Executrix of this my Last Will and Testament. Should
my said daughter fail to qualify or cease to act as Executrix, I
appoint as Substitute Executors, in order of preference, my son,
JACK R. WANNER, and my son-in-law LARRY R. MOSER. I relieve my
personal representative (as well as any substitute) from the
necessity of posting security in connection with her duties as
such in any jurisdiction in which she may be called upon to act
insofar as I am able by law to do so.
FIFTH
In addition to the powers conferred by law, I authorize
my Executrix (and her successors) in her absolute discretion:
A. To retain in the form received, and to sell either
at public or private sale any real or personal property.
B. To manage real estate.
C. To invest and reinvest in all forms of property
without being confined to legal investments, and without regard
to the principle of diversification.
D. To exercise any option or rights arising from
ownership of investments.
E. To compromise claims without court approval, and
without the consent of any beneficiary.
F. Should any beneficiary, in the opinion of my
personal representative, be incapacitated, said
beneficiary's share shall pass to an appointed
guardian to be held and administered in the same
3
,
4
.
..
manner during the period of incapacitation.
IN WITNESS WHEREOF, I have hereunto set my hand and seal to
.-li.
this, my Last Will and Testament, on this the sO day of August,
2001.
--)
1:t~:dl1{~t~~~
(SEAL)
Signed, sealed, published and declared by the above
named testator RICHARD H. WANNER, as and for his Last Will and
Testament, in the presence of us, who, at his request, in his
sight and presence, and in the sight and presence of each other,
have hereunto subscribed our names as witnesses.
~M
~
~
, 95 Alexander S
Rd, # 3, Carlisle, PA
~ , 95 Alexander Spring Rd, # 3, Carlisle, PA
4
COMMONWEALTH OF PENNSYLVANIA:
5S
COUNTY OF CUMBERLAND
We, RICHARD H. WANNER, ROGER M. MORGENTHAL and STEVEN
J. FISHMAN, the testator and the witnesses, respectively, whose
names are signed to the attached or foregoing instrument, being
first duly sworn, do hereby declare to the undersigned authority
that the testator signed and executed the instrument of his Last
Will, and that he signed willingly and that he executed as his
free and voluntary act for the purposes therein expressedr and
that each of the witnesses, in the presence and hearing of the
testator, signed the Will as witnesses, and that to the best of
their knowledger the testator was at the time eighteen (18) years
of age or older, of sound mind and under no constraint or undue
influence.
Sworn to and subscribed before me
this "3:)"'day of AueUDf 2001.
~~~~~
NOTAPJAl SEAL
TRJC1A L t,t,!!Ef, Notary Public
Souft!omp'Go Twp., CumbwSar:d Co., p~
My CQi't-tniwon Exp(rln Aug. 12. 2002
~'..c.....All -
5