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HomeMy WebLinkAbout05-12-08 (2) REV-1500 1:.., -00) REV-1500 INHERITANCE TAX RETURN RESIDENT DECEDENT COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF REVENUE DEPT. 280601 HARRISBURG, PA 17128-0601 ~ Z W C W o W C DATE OF BIRTH (MM-DD-Year) 1 /04/2007 03/17/1920 (IF PPLlCABLE) SURVIVING SPOUSE'S NAME (LAST, FIRST, AND MIDDLE INITIAL) 1. Original Retum 4. Liimited Estate D 2. Supplemental Retum D 4a. Future Interest Compromise (dateoldeathafler12-12-82) 00 7. Decedent Maintained a Liiving Trust (Attach copy oITrust) D 10. Spousal Poverty Credit (date 01 death between 12-31-91 and 1-1-95) 6. Decedent Died Testate (Attach copy 01 Will) 9. Liitigation Proceeds Received Chambersbur z o i= :5 ~ ~ a: <'C o w ~ 1 Real Estate (Schedule A) 2 Stoc~:s and Bonds (Schedule B) 3 CloSElly Held Corporation, Partnership or Sole-Proprietorship 4 Mort~lages & Notes Receivable (Schedule D) 5 Cash, Bank Deposits & Miscellaneous Personal Property (SChE!dule E) 6 Jointly Owned Property (Schedule F) D Separate Billing Requested 7 Inter-Vivos Transfers & Miscellaneous Non-Probate Property (Scheidule G or L) 8 Total Gross Assets (total Liines 1-7) 9 Funeral Expenses & Administrative Costs (Schedule H) 10. Debts of Decedent, Mortgage Liiabilities, & Liiens (Schedule I) 11. Total Deductions (total Liines 9 & 10) 12. Net Value of Estate (Line 8 minus Line 11) 13. Charitable and Govemmental Bequests/See 9113 Trusts for which an election to tax has not been made (Schedule J) (1) (2) (3) (4) (5) (6) (7) (9) (10) 14. Net Value Subject to Tax (Line 12 minus Line 13) SEE INSTRUCTIONS ON REVERSE SIDE FOR APPLICABLE RATES z o i= ~ ~ a. :E o o >< <'C ~ 15. mount of Line 14 taxable at the spousal tax rate, ,or transfers under Sec. 9116 (a)(1.2) 0.00 X _ (15) 816,537.67 X .045 (16) 0.00 X .12 (17) 0.00 X .15 (18) (19) 16. mount of Line 14 taxable at lineal rate 17. mount of Line 14 taxable at sibling rate 18. mount of Line 14 taxable at collateral rate 19. ax Due 20. [] CHECK HERE IF YOU ARE REQUESTING A REFUND OF AN OVERPAYMENT > > BE SURE TO ANSWER ALL QUESTIONS ON REVERSE SIDE AND RECHECK MATH < < OFFICIAL USE ONLY FILE NUMBER 2 1 -0 7 1 1 6 4 ""'COuNTYCODE --Y-EA~ - - NUMBER- - SOCIAL SECURITY NUMBER 2 90- 0 9 - 3 4 2 3 THIS RETURN MUST BE FILED IN DUPLICATE WITH THE REGISTER OF WILLS SOCIAL SECURITY NUMBER D 3. Remainder Retum (date 01 death prior to 12-13-82) D 5. Federal Estate Tax Retum Required _ 8. Total Number of Safe Deposit Boxes D 11. Election to tax under Sec. 9113(A) (Attach Sch 0) i ~~: ~ f.,)--o '.J ::c.' ('") __J;'pr- .:2m 39,779.7Q...!..t.... 0?;t? '(')0 .'Q-n :'::0 m ---j ~ 790,315.16 L_ OFFICIAL USE ONLY PA 17201 (8) 11,112.13 2,445.06 (11) (12) (13) (14) ,...., = <:) co ::J: ::Doo -< N IJ :x N .. o '~I ---;'.', ::"'5 r'r"l { ") ,- N o 830,094.86 13,557.19 816,537.67 816,537.67 Road CITY STATE PA ZIP 17241 Tax Pa ments and Credits: 1. Tax 0 e (Page 1 Line 19) 2. Credit IPayments A. Sp usal Poverty Credit B. Pri r Payments C. Dis aunt (1) 36,744.20 Total Credits (A + B + C) (2) 0.00 3. lntere tlPenalty if applicable D.lnt est E. Pe alty TotallnterestlPenalty ( 0 + E ) (3) 4. 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) 5. + Line 3 is greater than Line 2, enter the difference. This is the TAX DUE. (5) A. Ent r the interest on the tax due. (5A) B. Ent r the total of Line 5 + 5A. This is the BALANCE DUE. (5B) Make Check Payable to: REGISTER OF WILLS, AGENT 0.00 0.00 36,744.20 36,744.20 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 00 b. retain the right to designate who shall use the property transferred or its income; ........................................ 0 00 c. retain a reversionary interest; or ...................................................................................................... 0 00 d. receive the promise for life of either payments, benefits or care? ............................................................. 0 00 2. If death occurred after December 12, 1982, did decedent transfer property within one year of death without receiving adequate consideration?................ ............ ................ ............ .............. .............. ... ....... 0 00 3. Did decedent own an 'in trust for' or payable upon death bank account or security at his or her death? ................. 0 00 4. Did decedent own an Individual Retirement Account, annuity, or other non-probate property which contains a beneficiary designation? ....................................................................................................... 00 0 IF THE AN WER TO ANY OF THE ABOVE QUESTIONS IS YES, YOU MUST COMPLETE SCHEDULE G AND FILE IT AS PART OF THE RETURN. ADDRESS PA PA 17201 For dates of eath 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. ~91 6 (a) (1.1) (i)]. For dates of eath on or after January 1, 1995, the tax rate imposed on the net value of transfers to or for the use of the surviving spouse is 0% [72 P.S. ~9116 (a) (1.1) (iill. The statute d s not exempt a transfer to a surviving spouse from tax, and the statutory requirements for disclosure of assets and filing a tax return are still applicable even if the surviving pause is the only beneficiary. For dates of eath on or after July 1, 2000: The tax rate i posed 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 steppare t of the child is 0% [72 P.S. ~9116(a)(1.2)]. The tax rate i pOSl3d on the net value of transfers to or for the use of the decedent's lineal beneficiaries is 4.5%, except as noted in 72 P.S. ~9116(1.2) [72 P.S. ~9116(a)(1)]. The tax rate i pOSl3d on the net value of transfers to or for the use of the decedent's siblings is 12% [72 P.S. ~9116(a}(1.3)]. A sibling is defined, under Section 9102, as an individual wh has at least one parent in common with the decedent, whether by blood or adoption. REV-15l8 X + (15-98) '* SCHEDULE E COM ONWEALTH OF PENNSYLVANIA CASH, BANK DEPOSITS, & MISC. NHEfmANCE TAX RETURN PERSONAL PROPERTY RESIDENT DECEDENT ESTATE ( i= FILE NUMBER Frl1la M. 21 07 1164 Include the proceeds of litigation and the date the proceeds were received by the estate. All property jointly-owned with right of survivorship must be disclosed on SChedule F. ITEM VALUE AT DATE NUMBEF DESCRIPTION OF DEATH 1. Checking Account #324670, The Citizens Banking Co., including interest accrued to 20,185.21 date of death, account designated payable on death to M.L. Breneman and J. Marsrow, children of the decedent, 2. Refund, Union Bankers premium 936.83 3. Refund from nursing home 18,657.66 TOTAL (Also enter on line 5, Recapitulation) $ 39779.70 (If more space is needed, insert additional sheets of the same size) REV-15iO E X + (6-98) '* SCHEDULE G INTER.VIVOS TRANSFERS & COli MONWEALTH OF PENNSYLVANIA MISC. NON.PROBA TE PROPERTY INHERITANCE TAX RETURN RE,SIDENT DECEDENT ESTATE F FILE NUMBER Mar!';ro\ Erma M. 21 07 1164 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 ITEM INCLUDE THE NAME OF THE TRANSFEREE, THEIR RELATIONSHIP TO DECEDENT AND DATE OF DEATH % OF DECD'S EXCLUSION TAXABLE NUMBER THE DATE OF TRANSFER ATTACH A COPY OF THE DEED FOR REAL ESTATE. VALUE OF ASSET INTEREST VALUE (IF APPLICABLE) 1. ccount#5513-7150, Stifel, Nicolaus & Company, titled 661,454.53 100. 661,454.53 rma M. Marscrow Revocable Living Trust, copy of aluation attached 2. hec:king Account #102001193, Orrstown Bank, including 2,871.08 100. 2,871.08 i ~terE~st accrued to date of death, titled Erma M. Marsrow evocable Living Trust, copy of valuation attached 3. hec:king Account #102800054, Orrstown Bank, including 42,573.04 100. 42,573.04 i MerE~st accrued to date of death, titled Erma M. Marsrow I L ivinl~ Trust, copy of valuation attached 4. 1< ertificate of Deposit #4000014510, Orrstown Bank, including 54,943.73 100. 54,943.73 i terest accrued to date of death, titled Erma M. Marsrow I L ivin~~ Trust, copy of valuation attached 5. If irst Trust Insured Municipal Bond Ohio Series 52, titled 13,549.50 100. 13,549.50 IE rma M. Marsrow Living Trust, copy of valuation attached 6. hio Insured Municipal Income Trust Series 90, titled Erma 11,608.50 100. 11,608.50 . Marsrow Living Trust, copy of valulation attached 7. P nnuity Policy No. 3002750, Allianz, named beneficiary-Erma 1,657.39 100. 1,657.39 1\ . Marsrow Living Trust 8. P nnuity Policy No. 3002817, Allianz, named beneficiary-Erma 1,657.39 100. 1,657.39 rv . Marsrow Living Trust r-,OT A TION - Checking Account #613878, The Citizens B~nking Company, titled Erma M. Marsrow Revocable Living T ust, is shown on letter from Citizens Banking Company as bing closed on 8/27/2007. This account was deposited into A:;collnt #5513-7150, Stifel, Nicolaus & Company and is p rt of the date of death valuation in Item No. 1 of this s hedule. TOTAL (Also enter on line 7 Recapitulation) $ 790.315.16 (If more space is needed, insert additional sheets of the same size) REV-15~ 1 EX + (12~99) . ESTATE F M ITEM NUMBE ~ A. B. cm MONWEALTH OF PENNSYLVANIA INHE:RITANCE TAX RETURN RI:SIDENT DECEDENT SCHEDULE H FUNERAL EXPENSES & ADMINISTRATIVE COSTS FILE NUMBER Frma M. 21 07 Debts of decedent must be reported on Schedule I. DESCRIPTION 1. 2. 3. 4. 5. 6. FUNERAL EXPENSES: Fogelsanger-Bricker Funeral Home, funeral expenses Balconi Monuments, Inc., marker Margaretta Township Cemetery, grave opening Minister Meal after memorial service St. Stephen's, donation for use of facility for memorial service 1. ADMINISTRATIVE COSTS: Personal Representative's Commissions Name of Personal Representative (s) Social Security Numbe~s)IEIN Number of Personal Representative(s) Street Address City State Zip Yea~s) Commission Paid: 2. 3. Attomey Fees Joel R. Zullinger Family Exemption: (If decedenfs address is not the same as claimanfs, attach explanation) Claimant Street Address City State Zip Relationship of Claimant to Decedent 4. Probate Fees JCP fee-10.00; automation-5.00; renunciation-5.00; will-15.00; letters- 135.00; short certificates-20.00; filing return-15.00 Accountanfs Fees 5. 6. Tax Retum PrepareJ's Fees 7. 8. Ocker & Associates, accounting fees Mary L. Breneman, executor's travel expenses to Ohio for burial TOTAL (Also enter on line 9, Recapitulation) $ (If more space is needed, insert additional sheets of the same size) 1164 AMOUNT 2,335.00 133.13 150.00 50.00 200.00 100.00 7,250.00 205.00 250.00 439.00 11112.13 REV-151 EX + (6-98) '* SCHEDULE. cmM ONWEALTH OF PENNSYLVANIA DEBTS OF DECEDENT, INHE,RITANCE TAX RETURN MORTGAGE LIABILITIES, & LIENS RIESIDENT DECEDENT ESTATE )f FILE NUMBER Marsro1 v. Erma M. 21 07 1164 Include unreimbursed medical expenses. ITE ~ VALUE AT DATE NUMEER DESCRIPTION OF DEATH 1. Continuing Care RX, balance due on account 54.15 2. United States Treasury, estimated tax payment 450.00 due 3. PA Department of Revenue, estimated tax payment 250.00 due 4. Vincent Eye Associates, balance due on account 26.91 5. United States Treasury, 2007 income tax due 1,293.00 6. PA Department of Revenue, 2007 income tax due 371.00 TOTAL (Also enter on line 10, Recapitulation) $ 2445.06 (If more space is needed, insert add~ional sheets of the same size) ,"'-"" x.,_ COM ONWEALTH OF PENNSYLVANIA NHEf~ITANCE TAX RETURN RESIDENT DECEDENT ESTATE OF M;m~rn N Erma M SCHEDULE J BENEFICIARIES NUMBER I. NAME AND ADDRESS OF PERSON(S) RECEIVING PROPERTY TAXABLE DISTRIBUTIONS [include outright spousal distributions, and transfers under Sec. 9116 (a) (1.2)] Erma M. Marsrow Trust under Revocable Living Trust Agreement dated August 11 I 1993 1. FILE NUMBER 21 07 RELATIONSHIP TO DECEDENT Do Not List Trustee(s) Lineal 1164 AMOUNT OR SHARE OF ESTATE residue of estate ENTER DOLLAR AMOUNTS FOR DISTRIBUTIONS SHOWN ABOVE ON LINES 15 THROUGH 18, AS APPROPRIA TE, 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 1. B. CHARITABLE AND GOVERNMENTAL DISTRIBUTIONS 1. TOTAL OF PART 11- ENTER TOTAL NON-TAXABLE DISTRIBUTIONS ON LINE 13 OF REV-1500 COVER SHEET $ (If more space is needed, insert additional sheets of the same size) fljnst IItll nub Wtstnmtut OF ERMA M. MARSROW I, ERMA M. MARSROW, of Erie County, Ohio, being of sound mind and memory, with f 11 knowledge, and under no restraint, do hereby make this my Last Will and Testament, a d revoke all former wills, codicils, and testaments. I. I direct that all of my legal debts, funeral expenses, and expenses of administering my estate shall be paid from my residuary estate, 'without recourse against any other beneficiary for reimbursement of any taxes, debts, or expenses paid, according to the law in the due course of the administration thereof. II. I leave all of my rights and interests to the real property which is serving as my personal residence at my death to MARY L. BRENEMAN and JOHN S. MARSROW in equal shares, per stirpes. II. I leave all my rights and interests to my tangible personal property to MARY L. BRENEMAN and JOHN S. MARSROW in equal shares, per stirpes. IV. I leave all the rest and residue of my property, real or personal, of every kind and description, wheresoever located, which I may own or have the right to dispose of or appoint at the time of my death, I hereby appoint, give, bequeath, transfer and devise to THE ERMA M. MARSROW TRUST, and its Trustees or successors in interest, to be held and disposed of under said Trust Agreement entered into between me and said Trustee under date of C7AL~A~ II , 1993, as the same may be amended from time to time. It is m lntentlon to simply identify said Trust Agreement and not to incorporate it by reference into this will or to create a testamentary trust hereby. However, if for any reason said living trust shall not be in existence at the time of my death, or if for any reason a court or courts of competent jurisdiction shall validly and definitively declare this bequest and devise to be ineffective and invalid, then I appoint, give, bequeath, and devise all of the said property passing under this paragraph of my will to the Trustee named herein, or their successors, as Trustee, without bond, to be held, managed and distributed in the same manner described in said living trust agreement hereinbefore referred to which, under said circumstances, I do hereby incorporate by reference into this Will to be administered as a testamentary trust. End of Page 1 Page 2 of 3 V. In the event that any of my children or beneficiaries shall die in a common disaster with me or under such circumstances as may make it impossible or difficult to determine which of us died first, I direct that Section 2105.21 of the Ohio Revised Code shall not apply and that my deceased child, children or beneficiaries shall be conclusively deemed to survive me. I. I appoint MARY L. BRENEMAN and ROBERT S. HENDRIX, ESQ., as Co-Executors. If MARY L. BRENEMAN shall fail to qualify or having qualified, shall die, resign, or cease to act as such Executor, then I appoint JOHN S. MARSROW, of Allen, Texas and ROBERT S. HENDRIX, ESQ. as CO-Executors in her place and stead. No Executrix/Executor shall be required to post bond in any Court of law. In the event any trust shall come into existence under this will, I appoint MARY L. BRENEMAN as Trustee of such trust, and with JOHN S. MARS ROW of Allen, Texas her Successor Trustee. Anyone contesting the validity of this my Last Will and Testament or of its bequests shall be deemed to have predeceased me. IX. I leave the arrangements for my funeral to my Executrix/Executor. X. No section or bequest shall be deemed to pass to any person or lives not in being plus 21 years. XI. In addition to all of the powers granted by law, I hereby give and authorize and empower my Executor/Executrix uncontrolled discretion to sell and dispose of any property, real or personal, belonging to me at the time of my death, either at public or private sale, and upon terms and for such prices as he may deem best, and to deliver to any purchaser any deeds, bills of sale, or other instruments, as may be necessary to vest the title absolutely in the purchaser, and all purchasers shall be exempt from all responsibility with respect to the application of the purchase price and from the necessity of inquiring into the regularity, validity, or propriety of any sale made under the powers herein set forth. Any powers granted my Executor in this, Item XI, may be exercised without application or bond to any court of law or administrative body. End of Page 2 Page 3 of 3 IN WITNESS WHEREOF, I have hereunto set my hand to this my Last Will and T stament this II day of ~ ' 1993. ~ m. m~r ERMA M. MARSROW Signed by said ERMA M. MARSROW, who was of sound mind and memory, and by her knowledged to be her Last will and Testament before us and in our presence and by us scribed as attesting ""litnessefl'~ her presence ~~d~ her request and in the esence of each other, this L~ _ day of ~--r-- ' 1993. .< _ ~~j'+!I-/.;1/ 1/', fl' i ....../I;;L/-- ,1 /; /(1. --- <.:0./,-,I-!..- I . /'(-1./(.,.1--) residing at!-"f/// i-,(,<~ 1t-vLO..-U- A./--f. . ~A/~ residing at ~;;',:;;J;~5N7 P epared By: Robert S. Hendrix, Esq., 303 E. Broad St., Columbus, Ohio 43215 ERMA M. MARSROW REVOCABLE LIVING TRUST AGREEMENT THIS AGREEMENT iA entered into this day of ~~f~;l 1993, at la/?~ ~.M. at , Ohio by a between ERMA M. MARSROW of the county of Erie, State of hio as Grantor and as the Trustee of The ERMA M. MARSROW REVOCABLE LIVING TRUST, with JOHN S. MARSROW and MARY L. BRENEMAN as her Successor Co-Trustees, and upon either individual's death or incapicity the survivor thereof shall be the sole Successor Trustee: WITNESSETH The Grantor desires to create a trust for the purposes and upon the terms and provisions hereinafter set forth and for the benefit of the Grantor's children and the other beneficiaries designated herein. Accordingly, simultaneously with the execution of this agreement, the Grantor hereby transfers to the Trustee any property and property rights described in "Schedule A" or hereafter assigned, conveyed, devised or bequeathed to the Trustee by the Grantor or by any other persons (all of which are hereinafter collectively termed the "Trust Estate"), to be held and disposed of by the Trustee as hereinafter provided. The term "Trust Estate" shall include but not limited to Schedule A, which is attached and incorporated into this Trust Agreement. To facilitate the administration of this Trust Agreement each reference hereinafter contained to the Grantor's: "child" or "children" is to: 1. MARY L. BRENEMAN, born August 14, 1952. 2. JOHN S. MARSROW, born May 20, 1947. - 1 - ARTICLE I GRANTOR'S RIGHTS This trust is made on the condition precedent that the Grantor shall at all times have and possess the following rights and powers: A. To assign, transfer and deliver additional real or personal property to the Trustee to be held, managed, invested, and distributed by the Trustee on the terms and conditions herein specified. B. To withdraw all or any part of the assets belonging to the Trust Estate by instrument in writing delivered to the Trustee. C. To alter or amend this agreement, in whole or in part, by instrument in writing delivered to the Trustee, without the consent of the Trustee or any beneficiary, provided that the duties, powers, compensation, and liability of the Trustee shall not be changed without its written consent. Upon the death of the Grantor this Trust Agreement shall thereafter be irrevocable and not be subject to alteration or amendment by any person. D. To cancel or revoke this agreement, in whole or in part, by instrument in writing delivered to the Trustee without the consent of the Trustee or any beneficiary. E. With regard to any insurance policies which may be made payable by the Grantor to the Trustee: (1) To sell, assign, pledge, borrow upon or convert the said policies of insurance or anyone or more of them, from time to time, without requiring the consent of the Trustee or any beneficiary. (2) To withdraw any policy or policies deposited under this agreement at any time in the Trust Estate upon giving to the Trustee a proper receipt therefor, and the Trustee agrees to execute and deliver any and all instruments that may be necessary to release the interest of the Trustee in any such policies or assets so withdrawn. (3) To exercise, without the consent of the Trustee or any beneficiary, any and all options, elections, rights, (including the right to change the beneficiaries) and privileges given to the Grantor under the terms of any insurance policy held by the Trustee hereunder, and the Trustee agrees to execute any and all instruments that may be necessary to permit the exercise of such rights by the Grantor. (4) To receive any dividends or other earnings of said policies and assets without accountability therefor. - 2 - ARTICLE II ADMINISTRATION FOR GRANTOR'S BENEFIT A. During the Grantor's lifetime, the trust shall be held and administered as follows: (1) The Trustee shall pay from the income, if any, of the Trust Estate all costs, charges and expenses of administering the trust, including all taxes levied against the Trust Estate or any part thereof, and after the payment thereof, the Trustee shall pay to the Grantor the remaining net income, if any, and so much of the corpus as the Grantor may request at any time in writing. (2) At any time in the Grantor's life in which the Grantor is in the opinion of the Trustee, after obtaining the concurring opinion of two attending physicians, incapacitated, the Trustee shall payout or apply for the benefit of the Grantor or her dependents so much of the income and corpus as the Trustee deems appropriate for their support, health, maintenance, and education, and the Trustee may discharge obligations of the Grantor. B. At the time of the Grantor's death, the Trustee shall proceed to collect and receive the proceeds of all policies payable to it and the Trustee is hereby authorized to execute all necessary receipts and releases to the insurance companies concerned. The issuing companies shall be under no duty or obligation to see to the application of the sums paid by them to the Trustee on account of any policies or policy included herein. In the event there are any loans against or secured by such policies in favor of the insurance company or others, the amount of such loans shall be considered as a charge against the proceeds of such policies and only the net proceeds after deducting such loans shall be payable to the Trustee, and the Trustee shall not seek reimbursement therefor from the Grantor's personal representative. The net proceeds thus collected, together with all other property then held by the Trustee and all property passing to the Trustee under the terms of Grantor's Will or otherwise, shall be added to and become a part of the Trust Estate and shall be administered as set forth herein. Notwithstanding the fact that the estate of the Grantor may be sufficient to pay the following expenses and the fact that the Grantor's personal representative and the Trustee may be one and the same, the Trustee shall pay to the Grantor's estate such sums as the Grantor's personal representative shall request in writing for the purpose of paying any legal obligations of said estate (including the cost of a suitable funeral) existing at the death of the Grantor), and all taxes levied against the estate thereof. If at the time of the death of the Grantor, the Trustee holds United States Treasury bonds redeemable at par for the payment of federal estate taxes then notwithstanding the foregoing, the Trustee shall deliver such bonds to the Grantor's personal representative or if note, then the Trustee shall use such bonds in payment of the federal estate taxes due by reason of the death of the Grantor. The Trustee hereunder shall have no duty to inquire into the validity or accuracy of any said taxes or other payments due as hereinabove provided for and shall not be liable for relying upon such written requests. - 3 - ARTICLE III ADMINISTRATION OF TRUST ESTATE The Trust Estate shall be held and administered as follows: (1) The "time of division" shall be such time at or after the death of the Grantor as there is no living child of the Grantor under the age of twenty-one (21) years. (2) Until the time of division, the Trustee shall pay to or apply for the benefit of such of the Grantor's children from time to time as are living all or so much of the income of the assets (including the investments and reinvestments thereof) of the Trust Estate in such amounts and at such times as the Trustee in its sole and uncontrolled discretion shall determine. In determining the amounts of income to be paid or applied and the recipients thereof, the Trustee may but shall not be required to consider other income and/or support available to the Grantor's children and shall consider the amounts it deems reasonably necessary for the support, health, maintenance, and education (including but not limited to college) of each of them, also taking into consideration other pertinent factors. Any person eligible to receive such payment(s) may be excluded and all of the net income may be used for the benefit of any beneficiary or beneficiaries without regard to equality of payment. Unused income may be periodically accumulated and added to corpus. (3) In addition, the Trustee is authorized to pay to anyone or all of the Grantor's children or the lineal descendants of any deceased child so much of the corpus of the Trust Estate as the Trustee shall, at any time and from time to time, determine to be necessary or desirable, for a beneficiary's support, health, maintenance and education (including but not limited to college) (4) Trust Distribution: At the time of division the Trustee shall divide the remaining trust assets, adjusted for any advancements made in accordance with paragraph (9) hereunder, per stirpes into equal shares, and set apart one share for each child of the Grantor then living and one share for the issue collectively living of a child of the Grantor then deceased. (5) Any share hereinabove or hereinafter created and set apart by the Trustee shall be held as a separate trust for each living child of the Grantor and/or the issue collectively living of a deceased child of the Grantor until final distribution as hereinafter defined in paragraph (6) or (7), as the case may be. (6) With respect to a separate trust set apart and held for a living child of the Grantor: The Trustee shall pay to or apply for the benefit of such child the entire net income of his or her respective trust and so much of the corpus thereof, as the Trustee in its sole and uncontrolled discretion deems necessary for his or her support, health, maintenance and education (including but not limited to college) . - 4 - At or after the time of division when such child shall have attained the age of twenty-one (21) years of age, such child shall have the right to request in writing and receive, outright and free of trust, one-third of the principal and accrued interest of such trustj and when such child attains the age of twenty-five (25) years of age, such child shall have the right to request in writing and recieve, outright and free of trust, one-third of the principal and accrued interest of such trustj and when such child shall attain the age of thirty (30) years, such child shall have the right to request in writing and receive, outright and free of trust, the balance of his or her trust. If such child shall die prior to the final distribution of his or her t:rust, leaving issue surviving such child, the Trustee shall transfer and pay over his or her trust to such child's issue then living, per stirpes, but subject to the provisions of paragraph (8) if an issue beneficiary of the Grantor is under the age of twenty-one (21) years. If such child shall die prior to final distribution of his or her trust leaving no issue surviving, then as soon as possible after the time of such child's death, the Trustee shall transfer and pay over all of his or her trust t:o the Grantor's issue then living, per stirpes, provided, however, that any property which would be distributable to any issue of the Grantor for whom property is then held in trust under this Trust Agreement shall be added to such trust and administered as a part thereofj and provided further that any such distribution shall be subject to the provisions of the following paragraph (8) if an issue beneficiary of the Grantor is under the age of twenty-one (21) years. (7) With respect to a separate trust set apart and held for the issue collectively living at the time of division of a deceased child of the Grantor, the Trustee shall at the time of division transfer and pay over such trust to such child's issue then living, per stirpes, but subject to the provisions of paragraph (8) if an issue beneficiary of the Grantor is under the age of twenty-one (21) years. (8) The foregoing paragraphs are subject to the provision that whenever property is distributable to an issue beneficiary of the Grantor who is under the age of twenty-one (21) years, the property shall be retained as a separate trust until such issue shall attain or die under the age of twenty-one (21) years. The Trustee shall pay to or apply for the benefit of such issue beneficiary so much of the net income and corpus of his or her trust as the Trustee in its sole and uncontrolled discretion shall deem necessary for his or her support, health, maintenance and education (including but not limited 1:0 college). Upon attaining the age of twenty-one (21) years, the Trustee shall pay over all of such trust to such issue beneficiary free of trust. If such issue beneficiary shall die before attaining the age of twenty-one (21) years, the Trustee shall pay such trust to such issue beneficiary's estate. (9) The Trustee may in its discretion make advancements of corpus of the Trust Estate to any of the Grantor's children or corpus of a separate child's trust to such child for the purpose of going into business, acquiring a home, becoming married, or other reason. Such advancements are to be made for such purposes and in such amounts as the Trustee in its sole discretion shall deem advisable, taking into consideration the size of the Trust Estate and the - 5 - possible future needs of the Grantor's family, and shall not be questioned by anyone even though by possibility such advancements might conceivably exceed the child's ultimate share provided, however, after the time of division such advancements shall not exceed such child's share. Any such advancements shall be so identified, and in the Trustee's discretion shall be with or without interest, and if made prior to the time of division, shall be added to the value of the Trust Estate at the time of division under paragraph (4) above and charged against said child's ultimate share. ARTICLE IV MISCELLANEOUS ADMINISTRATIVE PROVISIONS (1) During the minority or disability of any beneficiary hereunder, the Trustee may in its sole discretion distribute income and corpus to such beneficiary in anyone of the following ways: (1) directly to said beneficiarYi (2) to a relative, friend, guardian, or committee, to be expended by such person for the support, health, maintenance and education (including but not limited to college), or benefit of said beneficiarYi (3) by itself expending the same for the support, health, maintenance and education (including but not limited to college), or benefit of said beneficiarYi or (4) in the case of a minor, to a custodian in the manner prescribed under the Ohio Uniform Gift to Minors Act (ORC Section 1339.32). The Trustee is specifically authorized to name a custodian of the property, and may name itself as said custodian. (2) If at any time a trust hereunder has a market value of Twenty-Five Thousand Dollars ($25,000) or less, or if it is determined by the Trustee without the approval of any court or beneficiary that the expense of continuing such trust is unreasonably great in relation to its assets thereof, the Trustee may, in its absolute discretion, terminate the trust and distribute the trust property proportionately to the primary beneficiary or beneficiaries, as the case may be, then entitled to receive or have the benefit of the income therefrom. (3) In any event all trusts created herein shall terminate no later than twenty-one (21) years after the death of the last survivor of the beneficiaries hereunder including Grantor's legal issue and the appointees under any power of appointment granted herein who are living at the date of Grantor's death, and upon termination, the trust funds then held hereunder shall be distributed free of trust to the then income beneficiaries, each receiving as his or her share the trust assets, the income from which is being paid or is payable to him or her. (4) The words "child", "children", and "issue" when used in this agreement shall include persons now living and any hereafter born and shall include adopted persons in each case. (5) Any beneficiary except the Grantor's spouse shall be deemed to have survived the Grantor only if such beneficiary survives the Grantor by more t:han thirty (30) days. - 6 - (6) In the event of the death of any beneficiary of income of the Trust Estate, the income payable to such beneficiary shall not be accrued to the date of his or her death unless otherwise provided herein; and any collected or accrued income on investments of the trust which would have become payable to such beneficiary shall be added to and become a part of the income payable to those beneficiaries of the trust entitled to receive income immediately upon the death of such deceased beneficiary of income. (7) Any attempt to alienate any of the beneficial interests under any trust created herein shall be dealt with in the following manner: To the extent permitted by law, no interest of any beneficiary in the income or principal of any trust hereby created shall be subject to pledge, assignment, sale or transfer in any manner, nor shall any beneficiary have power in any manner to anticipate, charge or encumber his or her said interest nor shall said interest of any beneficiary be liable or subject in any manner while in the possession of the Trustee for the debts, contracts, liabilities, engagements or torts of such beneficiary. If because of any alienation or attempted alienation by any beneficiary of any interest or right to receive payments under any trust created herein, or if from any cause whatsoever, such payments or any part thereof shall, or but for this provision would, at any time become payable to or pass to or for the benefit of any person other than such beneficiary, then the interest in and the right of such beneficiary to receive such payments shall cease and terminate and thereafter said payments, or such part thereof as shall become so forfeited by such beneficiary, shall be applied as determined by the Trustee in its uncontrolled discretion to the use of any other beneficiary or beneficiaries in such manner and portions as said Trustee may deem best; provided further that notwithstanding any forfeiture of a beneficiary as aforesaid, the Trustee in its uncontrolled discretion, but without any obligation to do so, may from time to time apply or direct the application of said portion of such payments forfeited as aforesaid, or so much thereof as it deems best, to the use of the beneficiary so forfeiting the same. These forfeiture provisions shall not apply to any trust for which an exclusion is claimed under I.R.S. Sec. 2613(b) (6). (8) In the event there would be a failure of a trust because there is no one eligible to receive a final distribution under the Article concerning the administration of the Trust Estate, the Trustee shall upon the occurrence of such failure transfer and pay over the Trust Estate or such separate trust, as the case may be to those persons then living and entitled to inherit the Grantor's estate (as determined by the Ohio Statute of Descent and Distribution) had the Grantor died intestate at the time of such failure. - 7 - ARTICLE V TRUSTEE'S POWERS Subject to the rights and powers reserved to the Grantor in this agreement, the Trustee of each trust established hereunder, shall have the following powers, authority, and discretions and any others that may be granted by law: (1) RETAIN PROPERTY: To keep and retain any or all investments and property, real, personal, or mixed, in the form as they may be at the time they come into the custody of said Trustee, regardless of the character of same or whether they are such as then would be authorized by law for investment by the Trustee or whether a disportionately large part of the Trust Estate remains invested in one or more types of property, for such time as the Trustee shall deem best, and to dispose of such property by sale, exchange, or otherwise as and when it shall deem advisable. (2) SELL: To sell, assign, exchange, transfer, and conveyor otherwise dispose of any or all of the investments and property, either real, personal, or mixed, which may be included in or may at any time become part of the Trust Estate, upon such terms and conditions as it in its absolute discretion may deem advisable, at either public or private sale, either for cash or deferred payments or other consideration, as it may determine; and for the purpose of selling, assigning, exchanging, transferring, or conveying the same, to make, execute, acknowledge, and deliver any and all instruments of conveyance, deeds of trust, or assignments in such form and with such warranties and covenants as it may deem expedient and proper; and in the event of sale, conveyance, exchange, or other disposition of any of the Trust Estate, the purchaser shall not be obligated in any way to see to the application of the purchase money or other consideration passing in connection therewith. (3) LEASE: To lease any or all of the real estate, which may be included in or at any time become a part of the Trust ~state, upon such terms and conditions as said Trustee in its sole judgment and discretion may deem advisable and any lease or leases made by it may extend beyond the term of the trust and for the purpose of leasing said real estate, to make execute, acknowledge, and deliver any and all instruments in such form and with such covenants and warranties as it may deem expedient and proper. (4) INVEST: To invest any money in the Trust Estate in stocks, bonds, investment trusts, common trust funds established and maintained by the Trustee for the collective investment of fiduciary funds, and any other securities or property, real or personal, secured or unsecured, productive or unproductive, whether the obligations of individuals, corporations, trusts, associations, governments, expressly including shares and obligations of its own corporation, an affiliate, parent or subsidiary thereof, or otherwise, either within or outside of the State of Ohio, as the Trustee shall deem advisable, without limitation whatsoever as to the character of investment under any statute or rule of law now or hereafter enacted or existing regarding trust funds or investments by fiduciaries or otherwise. - 8 - (5) VOTE: To vote any stocks, bonds, or other securities held by it at any meetings of stockholders, bondholders, or other security holders, and to delegate the power so to vote to attorneys in fact or proxies under power of attorney, restricted or unrestricted; unless required by law or upon the written direction of the Grantor, the Trustee will not disclose to corporations the names and addresses of beneficial owners of stock held in nominee name. (6) BORROW: To borrow money without personal liability, for such periods of time and upon such terms and conditions as to rates, maturities, renewals and security as to it shall seem advisable, for the purposes of paying debts, taxes, or for any other purpose in the administration of this trust; and to mortgage or pledge such portion of the trust as may be required to secure such loan or loans and as maker or endorser to renew existing loans. (7) COMPROMISE, SUE AND DEFEND: To compromise, adjust, arbitrate, sue on or defend, abandon, or otherwise deal with settle claims, in favor of or against the trust as the Trustee shall deem best and its decision shall be conclusive. The Trustee, however, shall not be required to take any action until indemnified to its satisfaction. (8) DISTRIBUTE IN KIND: To make allocations and distributions in cash or in kind, or partly in each, at valuations to be determined by the Trustee, whose decision as to values shall be conclusive, except as herein may be otherwise specifically provided, and to make non-pro-rata distributions in kind so as to permit the Trustee in its discretion to make such distributions without regard to the adjusted basis of the assets and without making any equitable adjustments among the distributees. (9) INCOME AND CORPUS: To determine in a fair and reasonable manner whether any part of the Trust Estate, or any addition or increment thereto, be income or corpus, or whether any cost, charge, expense, tax, or assessment shall be charged against income or corpus, or partially against income and partially against corpus. (10) REAL ESTATE: To repair, alter, improve, renovate, reconstruct, and demolish any of the buildings on the real estate held by it, and to construct such buildings and improvements thereon as it may in its discretion deem advisable. (11) ATTORNEYS AND AGENTS: To employ and compensate, out of the corpus or the income, or both, as the Trustee shall deem proper, agents, accountants, brokers, attorneys in fact, attorneys-at-law, tax specialists, realtors, and other assistants and advisors, deemed by the Trustee needful for the proper administration of the Trust Estate, and to do so without liability for any neglect, omission, misconduct, or default of any such agent or professional representative, provided he or she was selected and retained with reasonable care. (12) COMMUNICATIONS: To rely upon any affidavit, certificate, letter, notice, telegram, or other paper, or upon any telephone conversation, believed by it to be genuine, and upon any other evidence believed by it to be sufficient, and to be protected and saved harmless in all payments or distributions upon a condition. - 9 - (13) REGISTRATION: To cause any property comprising a part of the Trust Estate to be issued, held or registered in the Trustee's name as Trustee, in the name of Trustee's nominee, in the name of a nominee of the Trustee's agent, or in such other form that title will pass by delivery. (14) LOCATION OF TRUST PROPERTY: To keep any property comprising part of the Trust Estate at any place or places within the United States or abroad, either with a depository or custodian or otherwise. (15) INSURANCE: To receive, apply for, own and maintain life insurance on the life of the Grantor or any beneficiary hereunder or other person, and the Trustee may exercise all rights contained in said insurance policies; to obtain and carry public liability, property damage, health and accident insurance and such other insurance contracts as the Trustee shall deem advisable to protect the Trustee, the Trust Estate, and any beneficiaries of any trust hereunder against any and all hazards. (16) PURCHASES AND LOANS TO EXECUTOR: To be given broad discretionary powers to use the proceeds of insurance or other funds held by it to pay any part or all of the federal estate and state death taxes levied upon the Grantor's estate and that of any beneficiary; to advance funds to the executor or administrator of the respective estates, with or without security; and to purchase assets, real or personal, from each estate; to pay all taxes, assessments, costs, insurance charges and other expenses arising in connection with the administration of the Trust Estate, including taxes under the estate of the Grantor and reasonable compensation to the Trustee, its agents and attorneys, and to determine whether and to what extent such taxes, assessments, costs, charges and expenses shall be deducted from and charged against income or principal. (17) NO COURT REVIEW: To act without having to obtain the authority or approval of any court for any such act which it may desire to do in the administration or management of the Trust Estate or in the disbursement, investment or reinvestment or management of the trust funds. (18) DISCLAIMER: To disclaim, in whole or in part, any devise or legacy or any interest in any trust provided for any beneficiary hereunder at any time within nine months after the date of the transfer which created an interest in such beneficiary. (19) OPTIONS: To exercise, in its sole discretion, any option for the purchase of any stock or other assets arising out of Grantor's employment by any company. Such option may be exercised in whole or in part to the extent permitted by the terms of such option or options. The Trustee is authorized to borrow money for such purpose and to sell the stock or other assets so acquired for such price and on such terms as it deems appropriate. (20) BUSINESS: To retain any interest received or held by it in any business, whether as a stockholder or security holder of a corporation, a partner, a sole proprietor, or otherwise, for any length of time, without limitations, solely at the risk of the Trust Estate and without liability on the part of the Trustee for any losses resulting therefrom; to participate in the conduct of such business and take or delegate to others discretionary power to take any action with respect to its business, including the voting of - 10 - stock, and to make the determination of any and all questions of policYi to participate in any incorporation, reorganization, merger, consolidation, recapitalization, or liquidation thereof; to invest additional capital in, subscribe to additional stock or securities of, and loan money or credit with or without security to, such business out of the Trust Estate; to elect or employ as directors, officers, employees, or agents of such business, and compensate any persons including the Trustee or a director, officer, or agent of the Trustee; to accept as correct financial or other statements rendered by the business from time to time as to its conditions and operations except when having actual notice to the contrary; to regard the business as an entity separate from the Trust Estate with no duty to account to any court as to its operations as allowed by local law; to deal with and act for the business in any capacity, including any bank or trust capacity and the loaning of money out of the Trustee's own funds, and to be compensated therefor; and to sell or liquidate such interest, or any part thereof, at any time. If any business shall be unincorporated, contractual and tort liabilities arising out of the Trust Estate; but it is intended that in no event shall there be a liability of the Trustee, and if the Trustee shall be held liable, it shall be entitled to indemnification from the business and the Trust Estate in the order named. Being aware of the fact that the duties the Trustee has been requested to assume with respect to business interests may considerably enlarge and increase its usual responsibilities, duties, and work as Trustee, it is agreed that the Trustee shall be entitled to such additional reasonable compensation as is commensurate with the time, effort, and responsibility involved in its performance of services with respect to such businessi such compensation for services rendered to the business may be paid by it from the business or from other assets, or from both, as the Trustee in its discretion may determine to be advisable. (21) STATEMENTS: To render such written accounts of the administration of the trust to the Grantor during his lifetime (while the trust is funded) as the Grantor requests and thereafter, to any current beneficiaries of income or corpus as requested who have attained the age of majority or to the guardian of the estate of any person, as the case may be. Such designated recipients of statements hereby acknowledge the right to receive written confirmation of each transaction but waiver that right on the condition that periodic statements of activity will be issued to such designated recipients. (22) ELECT: To make such elections and exercise such options as may be advisable on income tax returns, all in such manner as Grantor's Trustee may deem advisable without being required to make any equitable adjustments. (23) BROAD POWER: To do all other acts and things not inconsistent with the provisions of this instrument which it may deem necessary or desirable for the proper management of the trusts herein created, in the same manner and to the same extent as an individual might or could do with respect to his own property, all without reference to the laws of the State of Ohio, court order, or the rules of any court governing activities of a Trustee. - 11 - ARTICLE VI PROVISIONS REGARDING THE TRUSTEE Any Trustee hereunder may resign upon thirty (30) days' written notice, which may be waived, mailed to the Grantor, and if the Grantor be deceased, to the person or persons then entitled to receive payment of income. The Grantor may remove or cause the removal of the Trustee or any Successor Trustee as Trustee under the trusts and may designate another Trustee to serve as Successor Trustee hereunder. After the Grantor's death and at any time during the continuance of the trust, a majority of the persons who have reached the age of twenty-five (25) years, who are then entitled under the terms of this Agreement to regular income distributions, may jointly remove or cause the removal of the Trustee and may designate, at their own discretion, another Trustee to serve as Successor Trustee. Upon accounting to and delivery to a Successor Trustee, which shall be a bank or trust company authorized to perform the duties of Trustee, of all funds in its possession, the resigning or removed Trustee shall be completely discharged of the trust herein. Upon its acceptance, a Successor Trustee so appointed shall be vested with all of the duties and powers, discretionary or otherwise, granted to the original Trustee by the terms of this instrument. No Trustee at any time acting hereunder shall be required to furnish bond. Any Successor to the trust business of the Trustee shall become Trustee in place of its predecessor, without the necessity of any conveyance or transfer. For its services a corporate Trustee or its successors, shall receive the compensation stipulated in its regular schedule of compensation in effect and applicable at the time such compensation shall become payable. The trust herein created shall be deemed to be an Ohio trust and shall be governed and interpreted in all respects by the laws of the State of Ohio. The Trustee accepts the trust hereby created and agrees to carry out the provisions hereof on its part to be done and performed. - l2 - IN WITNESS WHEREOF, the parties hereto have executed this agreement in duplicate as of the day, time and year first above written. ~~ h1. m ~n-u...r Grantor: ERMA M. MARSROW ~~m.m~? Trustee: ERMA M. MARSROW Trustee: ~~ ~. Br ~, fHI1 Sworn and Signed before me, a notary public, by ERMA M. MARSROW, who stated that this was her voluntary act and deed, and done with full knowledge of her actions this ~ day of My Commission ends Col. WHITAKER NOTARY PUBLIC, STATE OF OHIO MY COMMISSION EXPIRES Jan. 31, 1997 - 13 - SCHEDULE "A" TRUST CORPUS 1. Cash: $10.00 2. All of my tangible personal property, including but not limited to: furniture, clothing, jewelry, collections, etc., wherever situated, I hereby grant into this trust. - 14 - ALLOCATION OF TRUST ESTATE l. 2. 3. 4. 5. 6. 7. 8. 9. 10. ll. 12. 13 . 14. 15. 16. 17. 18. 19. 20. - 15 - TRUST AMENDMENT NO.1 THE ERMA M. MARSROW REVOCABLE LIVING TRUST That, ERMA M. MARSROW, City of Newville, Cumberland County, State of Pennsylvania, as Grantor and Trustee of THE ERMA M. MARSROW REVOCABLE LIVING TRUST dated August 11th, 1993, herein amend ERMA M. MARSROW REVOCABLE LIVING TRUST dated August 11th 1993, in the following manner: 1. The Opening paragraph ofTRE ERMA M. MARS ROW REVOCABLE LIVING TRUST shall henceforth read as follows: THIS AGREEMENT is entered into this jyM day of July, 2006 at q.. ~5" aWl. at Newville, Pennsylvania by and between ERMA M. MARSROW of the County of Cumberland, State of Pennsylvania as Grantor and as the Trustee ofTRE ERMA M. MARSROW REVOCABLE LIVING TRUST, with ERMA M. MARSROW, JOHN S. MARSROW, and MARY L. BRENEMAN as current active Co- Trustees, any of which can sign or represent the trust upon any individual's death or incapacity, with the survivor( s) thereof as Successor (Co)-Trustee(s). Trustees may act jointly or independently of each other. 2. In all other matters and for all other purposes, I hereby reaffirm and ratify the aforesaid Trust, all of its articles, paragraphs and bequests. IN WITNESS WHEREOF, I have hereunto set my hand this / f#. day of JIA /~ , 2006. "'Titness: ?ILd' / c#~ her " { mark } ERMA M. MARSROW State of Pennsylvania : ss: County of Cumberland: On this the I K ,"1... day of 1. ~ ' 2006, before me, a notary public, personally appeared Erma M. Marsrow, known to me or satisfactorily proven to be the person whose mark is subscribed to the within trust amendment, and acknowledged that she executed the same by her mark for the purposes therein l;:ontained. In Witness Whereof, I have hereunto set my hand and official seal. -to. c/ CJI~ NOTARY PUBLIC COMMONWEALTH OF PENNSYLVANIA Notarial Seal VICki L. Hopkins, NoIaly Public West PennsbOro Twp., CLmberIand County My Commission Expires Jan. 15,2008 Member. Pennsylvania Association Of Notaries AFFIDAVIT OF TRUST THE ERMA M. MARSROW REVOCABLE LIVING TRUST DATED: August, 11th, 1993 By and Between: ERMA M. MARSROW, Grantor and ERMA M. MARSROW, Trustee 1. The grantors created this Revocable Trust on August 11th, 1993. 2. The following are the relevant Articles of said Trust: Article 1: Names the parties to the trust: ERMA M. MARSROW. Article 2: The Grantors retain the right to revoke the trust at anytime until the death of the first grantor at which time Trust-B may not be revoked. Article 3: The Trust is for the grantors benefit during their lifetime with the exception of Trust-B. Article 4: The Trustee is authorized to pay all taxes, expenses and administrative costs associated with either grantor's death. Article 5: Upon the first grantor's death the trust is divided into two trusts, Trust-A which qualifies for the unlimited marital deduction and shall also qualify as a Qualified Terminal Interest Property Trust (Q-TIP) under the 1986 Internal Revenue Code as amended, and Trust B for any assets which do not qualify for the Unlimited Marital Deduction. .. Note: This is not a traditional A-B Trust. This Trust is designed as a Family Trust with all assets held by the Family Trust unless they do not qualify for the unlimited marital deduction. Article 6: This alticle provides for the administration and distribution of the unlimited marital deduction trust known as "Trust-A". The article also provides for the administration and distribution of the Unified Credit Trust known as "Trust-B". Article 7: This article provides for the rule against alienation of a trust beneficiary without the prior written consent of the Trustee. Article 8: This article specifies the trustee's power which include but are not limited to the right to retain or transfer real or personal property by deed or other instrument, to transfer or sell personal or real property at public or private sale, the right to make investments, the right to borrow, mortgage or pledge trust property for the purposes of obtaining a loan, the right to manage real estate, the right to enter into any type of contract including the sale or transfer of real estate. Article 9: This article provides for the compensation of the trustee. Page 2 of2 of the Affidavit of Trust for THE ERMA M. MARSROW REVOCABLE LIVING TRUST Dated August 11th. 1993 Article 10: This article provides for the miscellaneous administrative provisions of the trust. Article 11: This article provides for the removal and appointment of Successor Trustees. Article 12: This article provides for the defInitions of certain verbiage of the trust. 3. The draftsman of this trust dated August 11 th, 1993 was: Jay Moreland, Esq., 577 South High Street Columbus, Ohio 43215 (614) 224-8231 The Undersigned does certify under penalty of perjury of the laws of the State of Ohio, that the foregoing is a memorandum of the original document signed on the date set forth herein. This memorandum is dated this .,{,2rL day ofS,6/l7ZM.B~,e 2000 at ..::::::A1.Jl>t1.!kY ,Ohio. /"~ rAA,,1~1/ /11 >n~ (j->..<C;- ERMA M. MARSROW Grantor & Trustee Affiant State of Ohio: ss County of Erie: ss Signed before me a Notary Public in and for said County and State of Ohio, personally appeared the above named ERMA M. MARSROW who acknowledged that she did sign the foregoing instrument and that the same is her voluntary act and deed, and done with full knowledge of her actions. In testimony whereof, I have hereunto set my hand and official seal this _ --V//#A$LX ,2000. /02 ~ day of --?~4t!.C~ / .. ~. Notary Public MARY C. RHODE N'OTARY PUBUC, STATE OF OHiO __fIN COMMJSSION EXPfAES JUNE 2':', W04 My Commission ends 4~~h~ / ' ~ p ~? ~. ? J ~~r\~1 (l ~ . , ...~. h' ..-c.. -::") rY. ./' ~. o ~ . .' c =' ; ~ I/ ? . en -c:::. "0 .-J,e ~ .~ f'J) -t ;l3J .~ ::r :0.. <D t~~ ~i~ ~' UI~ 0::2 ~;i ~ ~ ell) . :0 0 I W ~l !~ (p 'lIi :~ ~ 1M- ~ ". ' (l) : -- .;;,' : () \ ~ i "'-/ .. 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'~p ~ 08 'Oc: m :::I ::::l,...,.. 5:E 0:0 5' ;<- IC~ !II 0 o ;::r;" 2? <0 ~ N ~ ORRSTOWN BANK A Tradition of Excellence FEB 0 5 2008 February 1,2008 To: Zullinger - Davis 20 East Burd Street Suite 6 Shippensburg Pa 17257 From: Traci Shaffer Orrstown Bank Customer Service Center PO BOX 250 Shippensburg, Pa 17257 Re: Estate of Erma M Marsrow Date of death October 4, 2007 IT IS HERERBY CERTIFIED THAT THE ABOVE NAMED DECEDENT, ON THE ABOVE DATE, HAD THE FOLLOWING ACCOUNTS WITH ORRSTOWN BANK. CHECKING ACCOUNT Account # Title of Account Date opened 102001193 Erma M Marsrow 09/08/03 Mary L Breneman, Trustee Erma M Marsrow Rev. Living Trust Principle 2871.02 Accrued Interest .06 102800054 Erma M Marsrow 09108/03 42568.38 4.66 Mary L Breneman, Trustee Emla M Marsrow Rev. Living Trust SA VINGS ACCOUNT Account # Title of Account Date opened Principle Accrued Interest CERTIFICATE OF DEPOSIT Account # Title of Account Date Opened Principle 4000014510 Erma M Marsrow 12/28/06 54910.87 Mary L Breneman, Trustee Erma M Marsrow Rev. Living Trust Accrued Interest 32.86 P.O. Box 250 · Shippensburg, PA 17257 · 717.530.3530 · 717.532.4143 fax %e BAN K ofNEWVORK.. August 1, 2006 RE: AlC: N/O: fl; /l/M,' J - iUl) . J'/3 -. &J7:y I3t2111/{ ell /iJt.!u) if (J/I( /~- j-OO- J?:x; - J'~d~''7 I/a n If 12 flljJt /) FIRST TRUST INSURED MUNICIPAL BOND OHIO SERIES 52 01397569 13 - '-1'1 \-() ERMA M MARSROW TR UA 08/11/93 ' ,) . ERMA M MARS ROW REVOCABLE LIVING TRUST PA 17257 .A Erma M. Masrow CIO Mary L. Breneman 235 Reading Road Shippensburg d/o/d RE: AlC: N/O: OHIO INSURED MUNICIPAL INCOME TRUST SERIES 90 02456027 ERMA M MARSROW TTEE ERMA M MARS ROW REV LIV TRUST UI A DTD 8/11 ;93 II "ag. w dlojJ I Dear Mr. Marsow and Ms. Breneman: Thank you for your recent address change request. For the protection of all parties concerned, requests of this nature must contain additional legal documentation. We kindly ask that you resubmit your request with the below requirements: 1) The enclosed Address Change Form signed by the Power of Attorney in capacity, (i.e. Mary L. Breneman Power of Attorney for Erma M. Masrow). 2) An original document appointing the Power of Attorney, dated within 30 days of presentment or a certified copy of the document appointing the Power of Attorney. You may use the enclosed form along with a photocopy of the documentation to provide the certification. The certification must be made by an "eligible guarantor institution" meeting the requirements of The Bank of New York. These requirements include membership or participation in one of the following programs: . Securities Transfer Agents Medallion Program (STAMP) . Stock Exchanges Medallion Program (SEMP) . New York Stock Exchange, Inc. Medallion Signature Program (MSP) P.O. BOX 463. EAST SYRACUSE, NEW YORK 13057 - 0463 /!7Iot;J ~1.'~4 ,7~.Jr . '{Z' /~ta, (j IItt! ',r' , According to our records, there are one or more outstanding checks on account num~er ' . -/-.!tI ;7/# 01397569. Please include a request to reissue these checks including a payee name and address. 1;;1' Clt/nZi A form is enclosed for your convenience. fIiIJl1 We trust this information proves helpful. If you have any further questions, please call our Customer Service Department at (800) 856-8487. Very truly yours, .; 90Jmu j. fY]~ U JamIe Monarty Unit Investment Trust Customer Service Department EncIs. Allianz Life Insurance Company of North America PO Box 59060 Minneapolis, MN 55459-0060 800/950-1962 AlIianz @) December 14, 2007 ERMA MARSROW REV TRUST 235 READING ROAD SHIPPENSBURG PA 17257 Re: Erma Marsrow, deceased Policy Number(s) 3002750 and 3002817 Dear Trustee(s): We are sorry to hear of your recent loss. Ple~~e asc~pt~ur sy,rnpathie~ ~tthi~ difficult time. Listed below are the options available tolJl~rn~!~.~:!Q~'-,9!dm~~"~~,~~!i9l~~t~Y 1) Select an Annuity Option Settlement. Receive the Annuitization Value. 2) Select the Lump Sum Distribution. Receive the lump sum Cash Value. b These values may increase or decrease depending on external market conditions. Policy Number Annuitization Value Minimum Payout Period Cash Value :~002750 $1,939.97 5 $1,657.39 :~002817 $1,939.97 5 $1,657.39 IMPORTANT NOTICE: In accordance with IRS regulation 72T(s), if annuitization is selected, the first annuity payment must be received within one year from the date of death for non-qualified funds and by December 31st following year of death for qualified funds. After these dates, the annuitization option is no longer available. Please complete and return: . The Annuity Claim Form completed for the trust and signed by the trustee(s) . A copy of the certified death certificate (only one copy is required for the deceased) · An Employer Identification Number (EIN) for the Trust - please visit the IRS website at www.irs.gov or call 1-800-829-4933 for instructions and/or forms to obtain the ein . A dated obituary, if available · A copy of the FirstlTitle and Signature pages of the Trust Agreement for the trustee/successor trustee designation, and any other pages that may list trustee/successor trustee(s) information . The enclosed Trust Affidavit signed by the appropriate trustee(s) Refer to the Special Instructions Section for specific requirements necessary to process your claim. Please give this matter your prompt attention and submit your claim paperwork as soon as possible. Thank you, and again please accept our condolences. Sincerely, Cheryl McCollam Claims Examiner C: Maryann Cowan #6469