Loading...
HomeMy WebLinkAbout11-06-07 . -.J 15056051058 REV-1500 EX (06-05) PA Department of Revenue '*' Bureau of Individual Taxes PO BOX 280601 Harrisburg, PA 17128..()601 ENTER DECEDENT INFORMATION BELOW Social Security Number Date of Death OFFICIAL USE ONLY County Code Year File Number INHERITANCE TAX RETURN RESIDENT DECEDENT 21 07 0654 Date of Birth 206-03-9736 07/01/2007 04/27/1920 Decedent's Last Name Suffix Decedent's First Name MI SHUTTLESWORTH MR. WILLIAM F (If Applicable) Enter Surviving Spouse's Information Below Spouse's Last Name Suffix Spouse's First Name MI Spouse's Social Security Number THIS RETURN MUST BE FILED IN DUPLICATE WITH THE REGISTER OF WILLS FILL IN APPROPRIATE OVALS BELOW (8' 1. Original Return 2. Supplemental Return 3. Remainder Return (date of death prior to 12-13-82) 5. Federal Estate Tax Retum Required 4a. Future Interest Compromise (date of death after 12-12-82) 7. Decedent Maintained a Living Trust (Attach Copy of Trust) 10. Spousal Poverty Credit (date of death 11. Election to tax under Sec. 9113(A) between 12-31-91 and 1-1-95) (Attach Sch. 0) CORRESPONDENT - THIS SECTION MUST BE COMPLETED. ALL CORRESPONDENCE AND CONFIDENTIAL TAX INFORMATION SHOULD BE DIRECTED TO: Name Daytime Telephone Number 4. Limited Estate 6. Decedent Died Testate (Attach Copy of Will) 9. Litigation Proceeds Received o 8. Total Number of Safe Deposit Boxes Shaun E. O'Toole (717) 213-6653 Firm Name (If Applicable) REGISTER OF WILLS USE (; ,. ,. First line of address 2813 North Second Street c;-\ Second line of address City or Post Office Harrisburg State 21 P Code DATE Flh~D C:-) PA 17110 c: Correspondent's e-mail address:seo21@comcast.net Under penalties of pe~ury, I declare that I have examined this return, including accompanying schedules and statements, and to the best of my knowledge and belief, it is true, correct and complete. Declaration of preparer other than the personal representative is based on all information of which pre parer has any knowledge. SIGNA RE OF PERSON R~ON~BLE FOR FILING RETURN DATE I ti. ~~ IJI2/l!J#J ADD RES / I ( 2830 Central Avenue, Camp Hill, Pennsylvania 17011 SIGNA~At~ ~XRESENTATIVE ADDl'fESS 1..,S .Jo.t", 5ec......1 6tw'~~4:, ",","tl;~"""'~, 'PA. 11"0 PLEASE USE ORIGINAL FORM ONLY DATE l\ 101/01__ Side 1 L 15056051058 15056051058 --.J ~ -.J 15056052059 REV-1500 EX Decedent's Name: WilLIAM F SHUTTLESWORTH 206-03-9736 Decedent's Social Security Number RECAPITULATION 1. Real estate (Schedule A). ... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 1. 2. Stocks and Bonds (Schedule B) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 2. 3. Closely Held Corporation, Partnership or Sole-Proprietorship (Schedule C) . . . .. 3. 4. Mortgages & Notes Receivable (Schedule D). . . . . . . . . . . . . . . . . . . . . . . . . . . .. 4. 5. Cash, Bank Deposits & Miscellaneous Personal Property (Schedule E) . . . . . . .. 5. 6. Jointly Owned Property (Schedule F) Separate Billing Requested . . . . . .. 6. 7. Inter-Vivos Transfers & Miscellaneous Non-Probate Property (Schedule G) Separate Billing Requested.. . . . . .. 7. 8. Total Gross Assets (total Lines 1-7). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 8. 9. Funeral Expenses & Administrative Costs (Schedule H). . . . . . . . . . . . . . . . . . . .. 9. 10. Debts of Decedent, Mortgage Liabilities, & Liens (Schedule I). . . . . . . . . . . . . . . . 10. 11. Total DeductIons (total Lines 9 & 10). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11. 12. Net Value of Estate (Line 8 minus Line 11) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12. 13. Charitable and Governmental Bequests/See 9113 Trusts for which an election to tax has not been made (Schedule J) .. . . . . . . . . . . . . . . . . . . . . . . 13. 14. Net Value Subject to Tax (Line 12 minus Line 13) . . . . . . . . . . . . . . . . . . . . . . . . 14. TAX COMPUTATION - SEE INSTRUCTIONS FOR APPLICABLE RATES 15. Amount of Line 14 taxable at the spousal tax rate, or transfers under Sec. 9116 (a)(1.2) X .0_ 16. Amount of Line 14 taxable at lineal rate X.O_ 17. Amount of Line 14 taxable at sibling rate X .12 336,235.90 18. Amount of Line 14 taxable at collateral rate X .15 117,060.00 15. 16. 17. 18. 19. TAX DUE. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19. 20. FILL IN THE OVAL IF YOU ARE REQUESTING A REFUND OF AN OVERPAYMENT 15056052059 Side 2 L 117,060.00 0.00 0.00 0.00 2,400.20 0.00 358,855.13 478,315.33 24,817.50 201.93 25,019.43 453,295.90 0.00 453,295.90 40,348.31 17,559.00 57,907.31 15056052059 --.J REV-1500 EX Page 3 Decedent's Complete Address: DECEDENTS NAME WILLIAM F SHUTTLESWORTH STREET ADDRESS 19 Poplar Drive File Number 0654 DECEDENTS SOCIAL SECURITY NUMBER 206-03-9736 CITY Mechanicsburg STATE PA ZIP 17050 Tax Payments and Credits: 1. Tax Due (Page 2 Line 19) 2. Credits/Payments A. Spousal Poverty Credit B. Prior Payments C. Discount (1) 57,907.31 0.00 50,000.00 2,631.50 Total Credits (A + B + C ) (2) 52,631.50 3. Interest/Penalty if applicable D. Interest E. Penalty Total Interest/Penalty ( D + E ) (3) 4. If Line 2 is greater than Line 1 + Line 3, enter the difference. This is the OVERPAYMENT. Fill in oval on Page 2, Line 20 to request a refund. (4) B. Enter the total of Line 5 + 5A. This is the BALANCE DUE. (5A) (5B) 0.00 0.00 5,275.81 0.00 5,275.81 5. If Line 1 + Line 3 is greater than Line 2, enter the difference. This is the TAX DUE. (5) A. Enter the interest on the tax due. Make Check Payable to: REGISTER OF WILLS, AGENT PLEASE ANSWER THE FOLLOWING QUESTIONS BY PLACING AN "X" IN THE APPROPRIATE BLOCKS 1. Did decedent make a transfer and: Yes No a. retain the use or income of the property transferred;.......................................................................................... ~ 0 b. retain the right to designate who shall use the property transferred or its income; ............................................ ~ 0 c. retain a reversionary interest; or.......................................................................................................................... [iJ 0 d. receive the promise for life of either payments, benefits or care? ...................................................................... 0 [iJ 2. If death occurred after December 12,1982, did decedent transfer property within one year of death without receiving adequate consideration? .............................................................................................................. 0 ~ 3. Did decedent own an "in trust for" or payable upon death bank account or security at his or her death? .............. ~ 0 4. Did decedent own an Individual Retirement Account, annuity, or other non-probate property which contains a beneficiary designation? ........................................................................................................................ ~ 0 IF THE ANSWER TO ANY OF THE ABOVE QUESTIONS IS YES, YOU MUST COMPLETE SCHEDULE G AND FILE IT AS PART OF THE RETURN. 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 three (3) percent [72 PS. ~9116 (a) (1.1) (i)]. For dates of death on or after January 1, 1995, the tax rate imposed on the net value of transfers to or for the use of the surviving spouse is zero (0) percent [72 P.S. ~9116 (a) (1.1) (ii)]. The statute does not exemot a transfer to a surviving spouse from tax, and the statutory requirements for disclosure of assets and filing a tax return are still applicable even if the surviving spouse is the only beneficiary. For dates of death on or after July 1, 2000: The tax rate imposed on the net value of transfers from a deceased child twenty-one years of age or younger at death to or for the use of a natural parent, an adoptive parent, or a stepparent of the child is zero (0) percent [72 P.S. ~9116(a)(1.2)]. The tax rate imposed on the net value of transfers to or for the use of the decedent's lineal beneficiaries is four and one-half (4.5) percent, except as noted in 72 P.S. ~9116{1.2) [72 P.S. ~9116{a)(1)]. The tax rate imposed on the net value of transfers to or for the use of the decedent's siblings is twelve (12) percent [72 P.S. ~9116(a)(1.3)]. A sibling is defined, under Section 9102, as an individual who has at least one parent in common with the decedent, whether by blood or adoption. REV-1502 EX+ (6-9* COMMONWEALTH OF PENNSYLVANIA INHERITANCE TAX RETURN RESIDENT DECEDENT SCHEDULE A REAL ESTATE ESTATE OF SHUTTLESWORTH, WILLIAM F. FILE NUMBER 21-07-0654 All real property owned solely or as a tenant in common must be reported at fair market value. Fair market value is defined as the price at which property would be exchanged between a willing buyer and a willing seller, neither being compelled to buy or sell, both having reasonable knowledge of the relevant facts. Real property which is jointly-owned with right of survivorship must be disclosed on Schedule F. ITEM NUMBER 1. DESCRIPTION Personal Residence; 19 Poplar Drive, Mechanicsburg, Pennsylvania 17050 VALUE AT DATE OF DEATH 117,060.00 County Assessment: $95,990; Cumberland County CLR Divisor: 0.82 TOTAL (Also enter on line 1, Recapitulation) $ (If more space is needed. insert additional sheets of the same size) 117,060.00 REV-1508 EX+ (6-98) .- COMMONWEALTH OF PENNSYLVANIA INHERITANCE TAX RETURN RESIDENT DECEDENT SCHEDULE E CASH, BANK DEPOSITS, & MISC. PERSONAL PROPERTY ESTATE OF SHUTTLESWORTH, WILLIAM F. FILE NUMBER 21-07-0654 Include the proceeds of litigation and the date the proceeds were received by the estate. All property jolntly-owned with right of survivorship must be disclosed on Schedule F. ITEM NUMBER DESCRIPTION VALUE AT DATE OF DEATH 1 . Uncashed pension check 1,584.18 2. Uncashed social security check 282.00 3. Refund from Country Meadows Nursing Home 534.02 TOTAL (Also enter on line 5, Recapitulation) $ (If more space is needed, insert additional sheets of the same size) 2,400.20 REV-1510 EX+ (6-98. COMMONWEALTH OF PENNSYLVANIA INHERITANCE TAX RETURN RESIDENT DECEDENT ESTATE OF SHUTTLESWORTH, WILLIAM F. SCHEDULE G INTER-VIVOS TRANSFERS & MISC. NON-PROBATE PROPERTY FILE NUMBER 21-07-0654 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 PROPERTY DATE OF DEATH % OF DECD'S EXCLUSION TAXABLE ITEM INCLUDE THE NAME OF THE TRANSFEREE. THEIR RELATIONSHIP TO DECEDENT AND NUMBER THE DATE OF TRANSFER. ATTACH A COPY OF THE DEED FOR REAL ESTATE. VALUE OF ASSET INTEREST (IF APPUCABLE) VALUE 1. William F. Shuttlesworth Revocable Trust 304.14 100 0.00 304.14 Members 1 st Credit Union savings account #200290-00 GI 2. William F. Shuttlesworth Revocable Trust 25.20 100 0.00 25.20 Members 1 st Credit Union savings account #200290-05 GI 3. William F. Shuttlesworth Revocable Trust 92,502.48 100 0.00 92,502.48 Members 1 st Credit Union CD #200290-41 GI 4. William F. Shuttlesworth Revocable Trust 70,062.38 100 0.00 70,062.38 M& T Bank checking account #950551666 GI 5. William F. Shuttlesworth Revocable Trust 35,859.39 100 0.00 35,859.39 M& T Bank checking account #10640789 GI 6. American National Insurance Company 140,348.33 100 0.00 140,348.33 Non-qualified annuity (Cert. # LAR0020609) GI 7. TransAmerica Life Insurance Company 19,753.21 100 0.00 19,753.21 Annuity # 26162541 GI TOTAL (Also enter on line 7 Recapitulation) $ 358,855.13 (If more space is needed, insert additional sheets of the same size) MEMBERS 1st FEDERAL CREDIT UNION ACCOUNT TITLE: William F. Shuttlesworth Living Trust REGULAR SAVINGS ACCOUNT: Account Number/Suffix 200290-00 Date Account Established 12/29/2000 Principal Balance at Date of Death $302.63 Accrued Interest to Date of Death $.00 Int8r8st Earned 0110112007 - 0613112007 $1.51 Total Principal and Accrued Interest to Date of Death $304.14 Name of Trustee \/Villiam F. Shuttlesworth INVESTMENT SAVINGS ACCOUNT: Account Number/Suffix 200290-05 Date Account Established 10/29/2001 Principal Balance at Date of Death $25.16 Accrued Interest to Date of Death $.00 Interest Eamed 01/0112007 - 06/31/2007 $.05 Total Principal and Accrued Interest to Date of Death $25.21 Name of Trustee William F. Shuttlesworth CERTIFICATES OF DEPOSIT Account Number/Suffix 200290-41 Date Account Established 12/29/2000 Principal Balance at Date of Death $91.027.00 Accrued Interest to Date of Death $.00 Interest Earned 01/0112007 - 06/31/2007 $1,475.48 Total Principal and Accrued Interest to Date of Death $92.502.48 Name of Trustee William F. Shuttlesworth fu~~R~O:~ Danielle A. Kline Insurance Services Specialist August 29. 2007 Estate of: WILLIAM SHUTTLESWORTH Date of Death: July 1. 2007 SocIal Security Number: 206-03-9736 5000 Louise Drive. p.o. Box 40 · Medxmicsburg, Peansy-lvania 17055 . (717) 697-1161 . www:members1st.org AMERICAN NATIONAL INSURANCE COMPANY LIFE INSURANCE AND ANNUITY CLAIMS DEPARTMENT P. O. BOX 1840, GALVESTON, TX77553-1840 BUS: 1-8(}(}.6t~7372 FAX;4()9-r06-6W4 October 17, 2007 SHAUN O'TOOLE ATTORNEY AT LAW 2813 NORTH SECOND STREET HARRISBURG, PA 17110 Re: Claim - C669180 - William Shuttlesworth - Certificate No. LAR0020609 Dear Mr. O'Toole: This letter follows your October 8, 2007 letter. This is a non-qualified annuity with William Shuttlesworth as the annuitant and the owner. The values as of the date of death of 711/2007 are as follows. Cash value: $140,348.33 Death Benefit: $140,084.50 Cost Basis: $ 54,112.76 The interest earned on the annuity from 1/1107 to 711/07 was $2,373.37. If you have any questions you may contact us at 1-800-615-7372. When calling please refer to claim C669180. ~~~~J~(M( MARSHA GARWICK / I / ASSOCIATE CUSTOMER SERVd::E"REPRESENT ATIVE MGlesf 1.~~8\ Transamcrica Life Insurance Company 4333 Edgewood Road NE PO Box 3183 Cedar Rapids, Iowa 52406-3183 October 11, 2007 Estate of William F Shuttlesworth c/o Shaun O'Toole Atty 2813 N 2nd St Harrisburg PA 17110 RE: Annuity Number(s) 26162541 Dear Shaun O'Toole: Our office has received your request concerning the above listed non- qualified tax deferred annuity. A Form 712 is not issued on tax deferred annuities. The taxable portion of this policy will be reported on a Form 1099-R as taxable to the beneficiary upon receipt of the funds. The value as of July I, 2007, the date of death for William F Shuttlesworth is $19,753.21. The owner and annuitant on the policy has always been William F Shuttlesworth. No changes were made on the owner or annuitant. The interest on the policy from January 1, 2007 to July 1, 2007 was $287.42. This amount was taxable to the beneficiary upon receipt of the funds. Any additional questions regarding this annuity can be directed to the Annuity Service Center at 1-800-553-5957. A Transamerica Life Insurance Company representative will gladly assist you with any questions you may have regarding this annuity and help you meet your financial goals. Sincerely, [)~ 51 awdf Diane L Cowell Transamerica Life Insurance Compnay Claims Member of the _EGaN. Group REV-1511 EX+ (12-99>_ COMMONWEALTH OF PENNSYLVANIA INHERITANCE TAX RETURN RESIDENT DECEDENT SCHEDULE H FUNERAL EXPENSES & ADMINISTRATIVE COSTS ESTATE OF SHUTTLESWORTH, WILLIAM F. FILE NUMBER 21-07-0654 Debts of decedent must be reported on Schedule I. ITEM NUMBER A. DESCRIPTION AMOUNT 1. FUNERAL EXPENSES: Parthemore Funeral Home, 1303 Bridge Street, New Cumberland, Pennsylvania Rolling Green Cemetery - open grave Rolling Green Cemetery - granite base for marker 9,719.05 1,195.00 576.00 2. 3. B. ADMINISTRATIVE COSTS: 1. Personal Representative's Commissions Name of Personal Representative(s) Social Security Number(s)/EIN Number of Personal Representative(s) Street Address City ,State Zip Year(s) Commission Paid: 2. Attorney Fees 11,250.00 3. Family Exemption: (If decedent's address is not the same as claimant's, attach explanation) Claimant Street Address City State ,Zip Relationship of Claimant to Decedent 4. Probate Fees 5. Accountant's Fees 6. Tax Return Preparer's Fees 7. Pennsylvania American Water - water bill 8. Debra Beshore Wiest - real estate tax 9. PPL - electric bill 10. Pennsylvania American Water - water bill 11. PPL - electric bill 12. Subtotal from attached statement 465.00 12.21 898.75 23.26 15.03 104.63 558.57 TOTAL (Also enter on line 9, Recapitulation) $ (If more space is needed, insert additional sheets of the same size) 24,817.50 SCHEDULE H FUNERAL EXPENSES & ADMINISTRATIVE COSTS (Continued) ESTATE OF SHUTTLESWORTH, WILLIAMF. FILE NUMBER 21-07 -0654 ITEM NUMBER DESCRIPTION AMOUNT 10. Nationwide Insurance - Homeowner's insurance $ 206.50 II. Penn Waste - Trash removal $ 44.35 12. Pennsylvania American Water - Water bill $ 12.79 13. Mark Hench - Lawn maintenance $ 140.00 14. PPL $ 69.23 15. Silver Spring Township Authority - Sewer $ 85.70 TOTAL $ 558.57 REV-1512 EX+ (12-03) '* SCHEDULE I DEBTS OF DECEDENT, MORTGAGE LIABILITIES, & LIENS COMMONWEALTH OF PENNSYLVANIA INHERITANCE TAX RETURN RESIDENT DECEDENT ESTATE OF SHUTTLESWORTH, WILLIAM F. FILE NUMBER 21-07-0654 Report debts incurred by the decedent prior to death which remained unpaid as of the date of death, including unreimbursed medical expenses. ITEM VALUE AT DATE NUMBER DESCRIPTION OF DEATH 1. Community Life Team EMS - Transportation 60.00 2. Pennsylvania American Water - Water bill 12.03 3. PPL - Electric bill 22.98 4. Silver Spring Twp. Authority - Sewer 85.70 5. Verizon - Telephone bill 21.22 TOTAL (Also enter on line 10, Recapitulation) $ (If more space is needed, insert additional sheets of the same size) 201.93 REV-1513 EX+ (9-00) '* SCHEDULE J BENEFICIARIES COMMONWEALTH OF PENNSYLVANIA INHERITANCE TAX RETURN RESIDENT DECEDENT ESTATE OF William F. Shuttlesworth FILE NUMBER 21-07 -0654 RELATIONSHIP TO DECEDENT AMOUNT OR SHARE NUMBER NAME AND ADDRESS OF PERSON(S) RECEIVING PROPERTY Do Not List Trustee(s) OF ESTATE I TAXABLE DISTRIBUTIONS pnclude outright spousal distributions, and transfers under Sec. 9116 (a) (1.2)] 1. Doris Miller, 2830 Central Avenue, Camp Hill, PA 17011 Sister 336235.90 2. Jeff Dows; 347 North Mountain Road, Newville, P A 17241 Great Nephew 117,060.00 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 TOTAL OF PART 11- ENTER TOTAL NON-TAXABLE DISTRIBUTIONS ON LINE 13 OF REV-1500 COVER SHEET $ 453,295.90 (If more space is needed, insert additional sheets of the same size) LAST WILL AND TESTAMENT OF WILLLIAM F. SHUTTLESWORTH . ~ ------~- .......-.-....,. 'rpoWt......Oo-u".. .LASTCWLI.L....A)tD....T8STAM8)J'f 'of . . WilliamK8J.U~ortli . " . ".,". ..' '. . .... ..I,.\\TiDiamF.$ltll.tdeslVo~;.an$i~()fMec:haaiClbllrg,pennsjIVaia,'beingor soUlidand . 'diSj)osiJtgJllindandJJlcDnoIYandover:theag~ of eilhieeJJ.ye.s;doheretiydec1aretIUs to he my Last Will. . and Testament,'andleXpresSly~oke.all..WilIs,inCluding..codicils,.l1~fore:made.bY.lne. . ARTICLE I 1.1 1 hereby declare that at thetimeofJllaking thiS Last Will and Testament that r am single. 1.2 I declare that I have the below listed children atthisthne: none ARTICLE n 2.1. I declare the entire < residue afmy .estate to the TnlStee(s)then in.~ffice under that trust designated as "T"eWiDiam F.Shuttlesworth Revocable.Lfving TRst" estaillished. J;t. ... J.)....... . 19 1J .... ...of ...which ...1 ...am.........th.....egratlto.. . .... .T... . I . direct.. . .....that ....th...e. ..'r..e si..d..uc......o f .m. yestate...........sh all b.c.ad.. dedto., . . ". . . '.' '. . . ..... '" . ad1ninistered,anddistribuL.~ ~Partofthattrust,accordingtothetennsofthe trust and anyamendtnent madetriit before .Dlydeath. . T() the~tpennittedby laiv,itis ~otmyintent to create a separate trust by.this will or io.subjectthe trust or the property . added .to. it by this will. to the jurisdiction of the probate court. 2.2 1 hereby direct that my Executor ol'my Trustee(s):may elect to: (1) use administrative expenses as deductions either for estate tax purposes or inco:me tax purposes; and (ll to USe either date of death values or optional values for est8tetax pwposes,reganUess of the effect thereof on any of the interests under.this Will. 2.3 <I further direCt that my ExecutOr or Trustee(s) shaIlnotbe required to pay any debt in advance of the due date thereof,includinginstalI111ent obligations, but instead may pay the sameininstaIlments as each installment comes due. Howcverifthe Trostee(s) detmtittothe advantage of the estate any or all debts may .be paid. in. advance of .thtfu-.required. instaIlnients. 2.4 lstipulate that any asset underlitigatioll, lieu, or claim that might cause the assets of the aforementioned Trust to be compromised in any fashion, beheld separate from the said Trust . untilit is free of anY claim. or threat to the integrity ofthe Trust ARTICLE Dr 3.1 If the disp()sition in Article n, above, is inoperative or isinvaIidforany reason, or ifthetnlst referred to in ArticleU above,faiIs oris revoked, I incorporate theternlsof that tmsthereinby reference, asnexecuted an this date, withoutgivingeffect to anY amendments made subsequently, and I bequeath and devise the residueafmyestateto the TJ1lStee(s)namediuthe tIustas Trustee(s), to be held., administered, and distIiblltCd as provided. in that instrument. ---- Signed ~f. ~IJ~~ . Page 1 ARTICLE W ;f--''';--: 4.1IdoherellY'J1C)Dlinatc th~fonowingjndiyidual(s)as1he Executor(s)o! this WllJ, to serve in the orden- liSted: JobJ. Shlittl(".SWorth, Doris. Miner,. . . . 4.2 The Executorshanhavefultpower8llda1l~ority. ..tcJ.cany . out the proVisions of the Will, including the power to Ihanllgeand op~ dnri~gth~p~bateof my estate any property and any business. belonging to my estate. However, the Exec\1torshpuld,n()tC()mpromise the'n,fenmced.trust many fashion bYPrematt1re transfer of assetsthatmaycanyany claim Qrlitigationinto.the Trust. 4.3. The Execl1tororTrastee(s) shall serve without bond. However,futhe ev~t that one(I}onnore bonds are tequiredforone(l)ornlore sucltindivid1Ulls~intheir capaciticsasExecutors hereunder, then I requ.estthatsuchbondsbenominal oonds,and,my.ExeAAtorshall pay any such bond premiums~as bonds. Premiums are l.iue,.as adn1:inistration. expeIlses of my estate; until the administration of my estate iscompI~. IN WITNESS WHEREOF, Ihavel1~sub$cribedm.ynameto thisdoc,umentmy last Will and TestaIIlent which consists of two (2) type~nitteJJ.pages,and forthepmposcof identification, I have mitt. . &led. or.. s..igned eac.h. p.age.~all inthe..presence.ofthep~..o.ns.... ....wh.oare... WI.. .tn...es.......sing; at myteqU. . est, the. execution of tills, my last Will and Testament on this . ndayof l)......--. b..V- ~~ 9 ct, . at Y'^-&-"-...l~!!.'--rl' JCl.. . . . 14....-0t..It~f~.f.... .... . ..aJJJ.....~""'~. .... .. . William F. huttlesworth ~" · f~.~ Signe. . 4-_i'h-'I - . . .. Page 2 . -- . - -,' eeftific=.te.QfAtIfitO\Yl~geJp.ebtofNotaryPubIiC --. Ontlris t \daycjf~~~~~~~A.D..19.9"7.fq)Peatedbeforem~wi.Ui8Dl RShuttIesworth .. ........ ....... ..... ..... ...................-_.-........... ... .. ....... ..................... .............................. ................ ................................... .................................. ...... .. ... ... .. ... ......... ........ ...... personally knOWll to Dic (()rpJ:QVeclto Di~<m:th~b~ofs~sfactoIY..evidence)to betltejrerSon.whose name ..is subscribedintltisinstrument;8Jld.ack:novvledg&#!thathelshe .execu~ it. ,~-, Signed~.F.~ ',.....-... LAsT WlLL AND TESTAMENT WlTNESSJ>>AGE: . We, !be. undersign~dOherebycertifYthat\\TiDiamK<S...tt1esworthon this. It day of. D~~~'o-v.19~ declared the above and~oregoing Utstrwnent, consisting of four (4)pages, each.ofwhich issignedbYWiDiao.. RSltuttleswOl"th'f()bemsIhCl' LastWiU and Testament, and that thereupon he/she asked us to act as witn~ses Josuch Will, and did inourpresenee of each of us sign hislher namefosuch WiIl; tltat, thereUPon, we. and. each of us, inthepll:Sence ofWiDiam F. Sheswotthandinthepresenceof each other, do.signournamesas witnesses to suchWtll V\A...C! .~ . . (WitnesssipatQte)l/l,.-/:/- 9'? Date (Print Name) ILl O~ p/o.-r- \9.r.i've (Address) ~~~~\f'... 1'7\~c; (City, State, Zip Code) /~~ d)/{dk/J" ...p-(Witness Sigri8ture) It. -//-- '17 Date n(SlI\.~ cl ~. ~,l4-l~ ~. Sr--. (Print Name) 'Co( P6~Q.J"-'Or-n.A (Address) Y'A~&- .. tr-\""1 It\. 1'705& (City, State, Zip Code) ---.. 8igned;teD~.;.. f,~,,,,;rI/ Page 4 THE WILLLIAM F. SHUTTLESWORTH REVOCABLE LIVING TRUST ----..". ...-....... ".--, The William F. Shuttlesworth Revocable Living Trust TRUST AMENDMENT AGREEMENT This Amendment Agreement is made concerning The William F:. ShUttl~orth evqcable Living , Trust by William F. Shuttlesworth, .whose addr~ss IS l. \ ~ , . .inthecilyof \"4\~~(..!;",)'-!) . m the State of (hereinafter catled the "Trustolj. WITNESSETH: The parties hereto are the parties of a certafn Trust Agreement dated . ,~- J 1- q -, . Under the terms of said Trust Agreement, specifically ~ XII, .Trustor reserv~ the n~ht to revoke, amend, alter or terminate such Tru&t.. Now Therefore, '" coneideration of the pretmSeS hereto, the Trustor hereby amends and modifies said Trust Agreement as follows: The following shall replace Article III, Paragraph B of said trust: Jeffrey M. Dews, (great-D~hew shall receive.. the property located 19 Poplar Drive, Mechanicsburg, Pennsylvania, County of Cumberland); Doris Miller and Charles Miller, or the survivor of them, (sister aad brotlr~ia-l.awsliaB teceive a 100% share of the balance of the trust estate). Individual beneficiaries will receive their portion (lfthe trust estate as follows: at the age of Twenty- one (21). The following shall replace Article VII, Paragraph A, Second of said trust: ~ECOND; At th~death of the Trustor, the following, shall serve as successor Trustees, in the order listed: Charles Miller andDoris Miller, acting together. Should Charles Miller or Doris Miller be unable or UDwiDiDg to S'elTe,Jelfrey M.DowssllaU serve with the then serving trustee. All other terms of the Trust are ratified by the Trustor. IN WITNESS WHEREOF. the parties hereto execute this Amendment of Trust this 7 day of A-.,J, o~ 20oa. '1 c. . 1= .JJe.-I.N:l ~'~h~~"'~~ Certificate of Acknowledgment of Notary Public State of Pennsylvania ) :ss. County of Cumberland ) On this . 7 day of Au u~1" AD 20.osL., . personally kn~ to me (orprovdf to me on the bBsis ofSa~~:=}me William F. Shuttlesworth, ~ <'0- ~ 1hIo~ ~ that ~ it tobethe"""""'Whosename ~~ ResiQmgm My Commission Expires NOTARY SEAL: NoIariaISeaI North Glenn W.Heber!. Notarv Pubflc u.. NewIonlWp.'~Counav ....7~.1I1~ Expil9s May 17, 2004 Member. ~ Asttociation 01 ~ TRe. ctJi[[iaM.:]-. SRu.tt[e.sfltOlltR QeoneabP.e Uo-ikg 1iust ARTICLE I T Ml~t-eA \v.. 1iust For good and valuable consideration, the Trustor. William F. Shuttlesw~rth of Mechanicsburg Pennsylvania. County of Cumberlan.:L hereby transfers, conveys. and delIvers to the Trustees and their successors the property listed in Schedule "A" or supplemental schedules annexed hereto and incorporated herein by reference, to have and to hold the same, ~d any cash, securities. or other property which the Trustees may. pursuant to ~y of the, proViSIons hereof. at any time hereafter hold or acquire. aU of such property bemg heremafter referr~~ to collectively as the "Trust Estate" for the uses and purposes and upon the terms and conditlons herein set forth. ARTICLE II DiSpoSitiolt DlAliltlJ tRe Litre Oir tRe T JWStol During the life of the Trustor, the Trustees shall hold, manage. invest, and re-invest the Trust Estate. and shall collect the income thereof and shall dispose of the net income and principal as follows: A. The Trustees shall pay to the Trustor all of the net income of this Trust. in monthly or other convenient installments. but at least annually. The Trustees may. in their discretion, payor apply for the benefit of the Trustor. in addition to the income payments herein provided for, such amounts of the principal of the Trust Estate. up to the whole thereof. as the Trustees may from time to time deem necessary or advisable for the use and benefit of the Trustor. ARTlCLE III DiSpOSitiok Ok De.uti Ot! tie. TlLUStOll A. Upon the death of the Trustor. the property of the trust, and including also any oth~r ~ortion~ added thereto from. the estate of the Trustor or . other sources. along with the undistnbutedmcome shall be held m trust and shall be administered and disposed of as follows: c~s B. Jeffrey M. DMIiB, (friend shall receive the property located 19 Poplar Drive Mechanic~burg, Pennsylvani~ County of Cumberland); John J. Shuttlesworth, (brothe; shall recelV~ all .autom?bilesof the trustor. and . a 50% share of the balance of the trust est~~); Dons ~~~ (~d1~II'U~e as(lo/. share of the balance of the trust estate). IndiVidual beneficlanes will receIve theIr portion of the trust estate as follows: at the age of Twenty-one (21) . 9D8mb :T-'aff" J . . . Arti 1 ill aragrapb B who are individuals, shall C. If any of the beneficl~e~ mth she e , Ppart for th~ deceased beneficiary into th Trw:tee d1all dIVIde e ares or. th th r' g bl:: deceased, then e 5: to provide one part or share for e en WID: as many equal shares as m~~_~~ ~eces~ taking 7lI!T stirpes' and as thusly divided. each said doscendants of the deceased UQUOJ.Lczary, ey r-' D h h art hall be held as a separate trust for the benefit of the person or persons or w om s are or p s . . 'b _.I f U . it was set aside and shall be held, administered. and dim ut~ 83 0 ow~. 1 The Trustees may use and expend or apply so much or all of. first, the inco~e, ~d second, the principal of the trusts hereby created for the benefit of a benefiCIary hereof, and said amounts shall be used as the Trustees determme ne.cessary or advisable and in such reasonable manner as the Trustees see fit, to prOVide .for the health, reasonable comfort, education, support, and maintenance o~the benei!c.Iary f~r whom such trust shall have been created. Provided, however, that In determining SaId amounts the Trustees shall first take into account the needs, assets, and other available sources of income and support of a beneficiary thereof. Provided, further, however, the said powers of encroachments upon the beneficiary's share shall be limited to the respective shares held for the respective beneficiary. 2. As and when a beneficiazy shaU meet the requirements designated in paragraph B, above, the Trustees shall distribute to said respective beneficiary the share of the Trust estate for him or her, free and clear of trust 3. In the event a beneficiary is for any reason unable or unwilling to take any portion of his share of the Trust Estate pursuant to the above paragraphs of this Article III, then such portion shall be distributed to his or her living descendants equally, they taking per stirpes, and if there be no such descendants, then such funds shall be equally divided between such beneficiary's then-living brothers and sisters, and if there be no brother or sister then living, then such funds shall be divided equally between the descendants of such beneficiary's brothers and sisters, they taking per stirpes, and if there be no descendants of such beneficiary's brothers or sisters then living, then the Trustees shall add that portion of the property of that beneficiary to the other portions of the other living beneficiaries, and if there are no other living beneficiaries then: distribution shall be made according to the Pennsylvania law of intestate succession, as in .force on. the date of the signing of.tbis Trust Agreement. Notwithstanding anything contamed to the contrary in. this paragraph, if, under the provisions of this subparagraph 3., of paragraph C., Article/II, any person who does not yet meet the requirements designated in paragraph B.. above. shall become entitled to a share of the Tru~ E~te. such share shall not be distributed to such beneficiary, but shall be r~tamed In trust for said beneficiary's benefit. and shall be held, administered, and dIsposed of according to subparagraphs I., 2., and 3., of paragraph c., Article III. 4. If under the terms of this Article ill, upon the death of any beneficiary, any other per~o~ for whom a share or partionis being held in trust shall become entitled to an additional share or portion, such additional share or portion shall not be delivered free .9nrh<...4)yt=" ..-2. :Pa!p 2 f trust, but shall be added to the principal of the share or portion held in trust for ~ch person and shall go as and with tb.e same. 5. At the death of the Trustor, the Trustees shall distribute aU 0; the. Trustor's personal effects or other assets, including any contents of the ~rusto~ s ~esId~~ce, to the persons named in one or more letters of instructions, entrt~ed DIspoSItion of Personal Effects" referring to Article IlL, Subparagraph C., of?U~ Trust Agreement, dated and signed by the Trustor and located among the Trustor s. rmportant papers at the time of his or her death. In the eventthat the Trustor has madvertently named two or more persons to take a particular item, then the most recently dated letter of instruction shall control. 6. If any beneficimy named in paTagTaph B, above, is an organization, and. such organization does not exist at the time of the death o~ the Trustor, then, ~f the organization was a charitable institution, the share deSIgnated for that chantable organ17.ation shall be distributed to another organization, chosen by the trustees, ~o has similar purposes and functions as the charitable organization that no longer eXists. If the organization was not a charitable institution then the share designated for such organization shall be added back to the balance of the trust estate and divided to the other. beneficiaries named in paragraph B. . above. 7. A trustee in its discretion may tenninate. and distribute any trust hereunder if the trustee determines that the costs of continuance thereof will substantially impair accomplishment of the pwposes oftbe trust. The trustee shall terminate and forthwith distribute any trust created. hereby. or by exercise of a power of appointment hereunder. Distribution under this sectionshall be made to the persons then entitled to receive Or have the benefit of the income from the trust in the proportions in which they are entitled thereto, or if their interests are indefinite, then in equal shares. D. Whenever used herein, the term "issue", "child", "children", and "descendants": include adopted issue, adopted child, adopted children and adopted descendants, as well as natural issue, natural child, natural children, and natural descendants, and include descendants of adopted ~ssue. adopted child, adopt~ children,. and adopted descendants. Provided, however, adopted issue who ~e al~ natural iSSU~ shall take their share of the Trust Estate only in one capacity, such c~ac~ty bemg the one ~ch grants. to such issue the larger share. Where applicable, the mas~~me mcl~des the femmme. and VIce versa, and the neuter includes the masculine or fem111lne, and VIce versa. Where applicable. the singular includes the plural and vice versa. ARTICLE IV SPeJ{dtR.rLifrt P1r.o()'iSiolt No beneficiary of this trust, other .than a Trustor, shall have any right to alienate, g~)tEJ.:pQY" J encumber or hypothecate hislher interest in the trust to claims of his/her cr~ditors, or to .render such interest liable to attachment, execution, or other process of law. The mcome of thi~ trust shall not be pledged, assigned, transferred, sold or accelerated., anticipated or encumbered m an)' manner whatsoever by any benefic.iary, nOT shall any income of the trust be in any manner subject or liable in the hands of the Trustees for the debts, contracts or encroachments of any beneficiary or be subject to any assignments or any other voluntaIy or involuntary' alienation or disposition whatsoever. If the creditor of any beneficiary, other than a Trustor, who is entitled to any distributions from a trust established under this instrument shall attempt by any means to subject to the satisfaction of his claim such beneficiary's interest in distribution, then. notwithstanding any . other provision herein, until the release of the writ of attachment or garnishment or other process. the distribution set aside for such beneficiary shall be disposed of as follows: 1. Distribution to Beneficiary. The Trustees shall pay to or apply for the benefit of such beneficiary such sums as the Trustees shall determine to be necessary for the reasonable health, education (including study at institutions of higher learning) and support of the beneficiary according. to his or her accustomed mode of life. 2. Disposition of Excess. The portion of the distribution that the Trustees shall determine to be in excess of the amount necessary for such health education (including ~~ at institutions of higher learning} and support shall be added to and becom~ pnnClpal of the n-u.st ~hare of such beneficiary and will be paid to said ~eficuuy or su~ent h~rs m a m~er to maximize the benefit to the beneficiary WIthout compromIse of the mtent of this trust to provide an inheritance to the heirs. ARTICLE V IROOlid Plt.oU-iSlO~ If any provisions of this trust ar h Id t b . alid be thereby rendered invalid or inOperativeeaselon; a::v , ~o~e oithe other provisions shall frustrate the intents of the Trustor but tends t li~ hrehi~ng rust Agreement does not , oaccomp s s or her overall objectives. ARTICLE VI PeJLpetUities SaU-iy.<8S c,ta\lSe. . ~ any event, and anything to the contrary herein' - . created m this agreement shall t . . . . .. contamed notwIthstanding the trusts . . . . ermmate upon the d xt. ' one (21) years after the death of1he Trustor and th~y,ne prece~g the expiration of twenty- shall not have previous..ly terminated . dan. err ls~e now hvmg, in the event these trusts t -. . m accor ce With the t h enn.matlOn of these trusts as providedti . '.. thi . . . erms ereaf, In the event of Estate as it shall then be constituted, t~~~ s p.~agraph, the. Trustees shall distribute the Trust er WI any new mcome, to the beneficiaries. then gnihak Jh; r,J. :Pap 4 . . fr th Trust. Estate in the same proportions in which they are entitled entitled to the mcomeom e to such. mcom.e. ARTICLE VII -( IillS-tUS A. The following people will act as Trustees in the following order of succession: FIRST: William F. Shuttlesworth SECOND: At the death of. the Trustor, the following, shall serve as successor Trustees, in the order listed: John J. Shuttlesworth and then Doris Miner and then Charles R.MUler. The executor for the heirs is John J. Shuttlesworth, who may speak on behalf of any minor beneficiaries. THIRD: Trustee(s) chosen by a majority of the beneficiaries, with a parent or le~al guardian voting for minor beneficiaries; provided, however, that the issue of any deceased child shall have collectively only one vote. B. A majority of the trustees, whether individual or corporate, shall have the power to make any decision, undertake any action, or execute any documents affecting the Trusts created herein. In the event of a difference of opinion among the Trustees, the decision of a majority of them shall prevail, but the dissenting or nonassentingtrustees shall not be responsible for any action. taken by the majority pursuant to such decisions. .If only two. individual Trustees are. in office, they must. act unanimously. .If an individual and a corporate Trustee are in office, the determination of the Individual Trustees shall be binding. C. Any Trustees may from. time to time delegate to one or more of the remaining Trustees any powers, duties, or discretions. Every such delegation shall be made by a writing delivered to the delegate or. delegates,. and shall remain effective for the time therein specified or until earlier revocation by a writing similarly delivered. Every one dealing with the Trustees shall be absolutely protected in relying upon the certificate of any Trustees as to who are the Trustee(s) for the tinlebeing.actin& and as to the extent of their authority by reason of any delegation or otherwise. D.. No Trust~ named above need give bond in any jurisdiction. If a fiduciary's bond may not be dispensed WIth, the Trustor requests that the bond be accepted without surety and in the lo~est possible amou~t. In the absence of breach of trust, no.Trustees shall ever be required to qu~fY.before, b~ appomted by, or account to anyrollrt, OT obtain. the order or approval of any cou:t ill the exerCIse of any power or discretion herein given. The Trustees are entitled to ordinary and reasonable compensation forsecvicesrenderedin the administration and distribution of the estate. .9D.1htz6 .:Pay<< s ARl"CLE VIII -rotJus O\J tkTILuste..es 3. To make distributions, including distributions to themselves as Trustees, in kind or in money or partly in each, even if shares be composed differently; for such purposes, the valuation of the Trustees shall be given effect if reasonably made. 4. If, in the Trustees' discretion, any beneficiary (whether a minor or of legal age) is incapable of making proper disposition of any sum of income or principal that is payable or appointed to said beneficiary under the terms of this Trust Agreement, the Trustees may apply said sum to or on behalf of the beneficiary by anyone with whom the beneficiary resides, or by payments in discharge of the beneficiary's bills or debts, including bills for premiums on any insurance policies, or by paying an allowance to a beneficiaI}T directly. The foregoing payments shall be made without regard to other resources of the beneficiary, or the duty of any person to support the beneficiary and without the intervention of any guardian or like fiduciary; provided, however, that the Trustees shall ensure and see to the application of the funds for the benefit of the beneficiazy, so that the funds will not be used by any adult person, or any other person for a purpose other than the direct benefit of the beneficiary, and particularly so that said funds will not be diverted fOT the purpose of support and education of said beneficiary_ _ _ 5. To determine whether and to what extent receipts should be deemed income ~r pnncIpal, whether or ~o what extent expenditures should be charged against principal or In:ome, and what other a~J~ents should be made between principal and income, provided such adJus!IDents do not COnflIct With well-settled rules for the determination of principal and income quemo~. r . 6. To delegate powers to agents including accountants, investment counsel, appraIsers, legal counsel. and other experts. remunerate them and pay their expenses; to employ g.rut.<zk~ r;~.7'a.1" 6 custodians of the Trust assets. bookkeepers, clerks, and other assistants and pay them out of income or principal. 7. To renew, assign, alter, extend, compromise, r:lease, with or without consideration, or submit to arbitration or litigation, obligations or clalms held by or asserted against the Trustor, the Trustees. or the Trust Assets. 8. To borrow money from others for the payment of taxes, debts, or .e~en~es, or for any other purpose which, in the opinion of the Trus~ees, will facilitate the a~stratI~n of these trusts, and pledge or mortgage property as secunty for such loans; and, ~~ money lS borrowed from any Trustees, individually, to pay interest thereon at the then-prevalling rate of interest. 9. To lease, or grant options to lease, for periods to begin presently or in the future, without regard to statutory restrictions or the probable duration of any trust; to erect or alter buildings or otherwise improve and manage property; demolish buildings; make ordinary and extraordinary repairs; grant easements and charges; make partywall contracts; dedicate roads, subdivide; adjust boundary lines; partition and convey property or give money for equity of partition; to be either a general or limited partner. 10. To enter into transactions with any other trust in which the Trustor or the beneficiaries of the Trust Agreement, or any of them, have beneficial interests, even though any Trustee of such other trust is also a Trustee under this Trust Agreement. 11. To exercise all the foregoing powers alone or in conjunction with others, even though any of the Trustees are personally interested in the property that is involved, notwithstanding any rules of law relating to divided loyalty or self-dealing. 12. The Trustees may engage in the practice of writing options on all recognized exchanges and buy and sell, on margin or otherwise (including "short" sales), securities of every nature, limited partnerships, and commodities. I .13. The Trustees may make gift transactions. However, no Trustee, other than the Trust?r actm? as Trustee, shall have the power to make gifts, other than to the spouse of the Trustor, if any, m excess of the amount excluded from gift tax under section 2503(b) of the Internal Revenue Code of 1986. as amended. or any successo. .. r thereto. No Trn'-~ th th th T '. . J. ~lvwS, 0 er an e ~tor actmgas Trustee, shall be authorized to make gifts to charities except in satisfaction of a W?tten pledge o~ the Trustor. No Trustee, other than the Trustor acting as Trustee, shall be authonz~d to make gIfts to any person who is not a descendant of the Trustor or a beneficiary under this Trust OT of the Last Will and Testament of the Trustor or the f h descendant or beneficiary. ' spouse 0 suc . . B: An! Trustee may decline to act or may resign as Trustee at any time by deliverin a wntten resIgnatIOn to the beneficiaries of a trust then subsisting. g 9nihah ),r. f..!. :Pay" 7 h . f th trusts hereby created, or if that be insufficient, from the C From t e mcome 0 e , . .. . principal th~eof, the Trustees shall pay and discharge all expenses incurred in the administratIon of the Trusts. D. No successor Trustees shall be liable for any misfeasance of any prior Trustees. ARTICLE IX De,kQatio~ OtJ ..Ao.tRollit~ During physical or mental incapacitation, the Trustor herein appoints the successor trustees, during said period of incapacitation. The successor trustees will act as Trustee, Guardian, Executor, or in any other legal capacity, whether appointed orally or in writing, and supervise all matters in which the Trustor had the right to act if he or she had not become incapacitated. Incapacitation shall be established either by a court of competent jurisdiction or by a written statement filed with the Trustees and signed in good faith by two (2) physicians unrelated to the Trustor or the beneficiaries. During any period of incapacity or incompetency of the Trustor the Trust is irrevocable and unamendable in regard to its operation or disposition for the affected Trustor. If the Trustor regains competency, the trust will again become amendable and revocable. ARTICLE X ..Ad.ditioltS to Tiwst A. It is understood that the Trustor or any other person may grant, and the Trustees may receive, as part of this Trust, additional real and personal proper1;y, by assignment, transfer, deed, or other conveyance, or by any other means, teStamentary or inter vivos, for inclusion in the Trust herein created. Any s.uch property so received by the Trustees shall become a part of the Trust and shall become subject to the terms of this Agreement. B. It is specifically the intention of the Trustor that all real and personal properties now owned by ~e T~r are to be apart of this Trust~ provided further, that all future real and pers~nal propertxes ~cqUlTed ~y the Trustor are to be a part of or to automatically become a art of this Trust at the tIme acqUIred by the Trustor. p ARTICLE XI P01lties De.atilt9 9Jit~ Tialste.es . No purchaser, and no issuer of any stock, bond or other instrument evidencin depOSIt of money or property, or other person dealing with the Trn...4- h . d . g a · <Q~ees ereon er With respect 9nrlrab )I: f.&. :TJa!l" tS to any property hereunder as purchaser, lessee,party to a contract or l~ase, .or in any capacity whatsoever, shall be under any obligation whatsoever ~o see to ~e disbursmg of money paid to the Trustees or to the due execution of this Trust, m any p~cular, but such persons shall be absolutely free in dealing with the Trustees on the sam~ ~aslS as ~o~gh the Trustee(s) were the absolute owner of the said property, without any condItIOns, restrIctIons, or qualifications whatsoever. ARTICLE XII QeV"OCOtiOu. Ou.d .AMtJ.tdltleJ.tt A. As long as the Trustor is alive, the right is reserved to amend, modify, revoke, or remove from this Trust any and all property, in whole or in part, including the principal, and the present or past undisbursed income from such principal. On the death of the Trustor, the remainder of the Trust Estate. and the trusts created hereinafter. may not be amended, revoked, ortenninated, other than by disposition of the trust property to the beneficiaries according to the terms stated herein. B. While the Trustor is alive, full authority is retained, in hislher discretion, to sell, convey, or mortgage property, without disclosing their capacity as Trustees of this Trust Agreement; any such sale or conveyance of property in accordance with this provision, shall be considered as, and shall cause, a partial revocation of the Trust with respect to the property so conveyed or sold, and shall be sufficient to remove said property from the Trust. ARTICLE XIII CVeste.d I'Ate.k.eSt oty Bue.tiCiOllie.s . . The interest of the beneficiaries is a present vested interest which shall continue until this Trust IS revoked or terminated other than by death. ARTICLE XIV GOo-elUt{~g LUlU This Agreement shall be construed and regulated b th Pennsylvania. y e laws of the State of g.n.z1U.k ~ F:,2. !P<7p 9 ARTICLE XV CatostJlOpRiC T!!stess Should a catastrophic illness occur to the Trustor while living, the successor trustees shall manage the Trust Estate to the greatest advantage to the beneficiaries. Catastrophic illness shall be defined as an illness that renders th~ T~r incomp~te~t or not capable of caring for himself or herself such that full-time care IS reqwred, and It IS reasonably anticipated that such care shall be needed for a period of six months or longer. Upon the implementation of the provisions of this article, other provisions not withstanding, the Trust shall become an "income only" Trust. in which non.e ~f the COI]>US ~f the Trust shall be distributed to the Trustor during the time of the catastrophic illness, but Will be held for the benefit of the Trustor, in anticipation of their recovery from the catastrophic illness. ARTICLE XVI r~ T eJUlOJle.M. --', In the event that any beneficiary under this trust shall, singly or in conjunction with any other person or persons, contest in any court the validity of this trust or of a deceased Co- Trustor's Last Will or shall seek to obtain an adjudication in any proceeding in any court that this trust or any of its provisions, or that such Will Of". any of its provisions, is void, or seek otherwise to void, nullify, or set aside this trust or any of its provisions, then the right of that person to take any interest given to him by this trust shall be determined as it would have been determined had the person predeceased the execution of this Trust Agreement. The Trustees are authorized to defend, at the expense of the trust estate, any contest or other attack of any nature on this trust or any of its provisions. ARTICLE XVII -AffoJutey KJepll.eseKtatio"- . The attorney of record .for thepr~paration of this trust is John C. Stambulis, of Hentage Assurance Group. If a5SIstance or mstruction concerning this trust is re wred the !ruEstor repqlue~. that the Trustee(s) call JohnC. StambuJis, or another attorney kno~. ledg. ~able ill . state annmg. gn$~ J:' J :Fa$" /0 ARTICLE XVIII fupa1Led Tit DuptiC,ate, This Trust Agreement has been prepared in duplicate. each copy of which has been executed as an original. One of these executed copies is in the possession of the Trustor, and the other is deposited for safekeeping with the Trustor's Attorney, John C. Stambulis. Either copy may be used as the original without the oilier; if only one copy (If this Trust Agreement can be found, then it shall be considered as the original, and the missing copy will be presumed inadvertently lost. Any clarifications or instructions concerning this Trust Agreement may be obtained by calling the above-mentioned attorney, who is requested to do everything necessary to implement the provisions of this Trust. gniHal. * ~ 1. Pa!!", II I I In Witness Whereof, the Trustor has executed the foregoing Trust Agreement, dated the day of "'.....~_~ . 19~. Trustor: Trustee(s): William F. Shuttlesworth 'Jp ~~ t:A~tJI~-a AAArt"11 .uv__i~~ 1.. ~~4t William F. Shuttlesworth Certificate of Acknowledgement of Notary Public State of Pennsylvania) :S8. County of Cumberland) On this U day of J.J ~1J'I!..oP~ . A.D. 192.:2. appeared before me William F. Shuttlesworth, as Grantors. and William F. Shuttlesworth, as Trustee(s). personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed in this instrument. and acknowledged that he/she. executed it. ~/y;/7.vr Notary Public r My Commission Expires Residing in NOTARY SEAL: /",,"-, Notarial Seal Nort~=' ~ebert. Notary Public u.. C . !! wp., Cumberland County on, t'lmmlsnIO"E:Plres May 8. 2000 '"""" !ki/.z<06.Jk-Ek. :Par" 12 !1Ae w.iliam !7. cSb.ullksOJorLh. !J(etJocab.le Bivin!! :7rusf \Rust ~lA'tl\l)lAt.l{t M,\\ttlAtm This Amendment Agreement is made concerning The William F. Shuttlesworth Revocable Living Trust at the city of , County of . in the State of , by Wimam F. Shuttlesworth, whose address is ' in the city of ' in the State of . (hereinafter called the "TMitor"). WITNESSETH: The parties hereto are the parties of a certain Trust Agreement dated . Under the terms of said Trust Agreement, specificaJJy Article XU, Trustor reserved the right to revoke, amend, alter or terminate such Trust. Now Therefore, in consideration of the premises herein, the Trustor hereby amends and modifies said Trust Agreement as follows: All other terms of the Trust are ratified by the Trustor. IN WITNESS WHEREOF, the parties hereto execute this Amendment of Trust this 19_. day of William F. Shuttlesworth Certificate of Acknowledgement of Notary Public State of Pennsylvania) :55. County of Cumber1and ) On this day of ,A.D 19 . personally known to me (or proved to me on th~ bas' . f' :per:~ed be~re me WilHam F. Shuttlesworth, name is subscribed in this instrument and aCKnow/_~lSedOtSh. tSh.. /: ohry evIdence) to be the person whose . . ~g a e s e executed it. Notary PubHc My Commission Expires NOTARY SEAL: Residing in