Loading...
HomeMy WebLinkAbout05-12-08 (2)1556041147 REV-1500 EX (06-05) OFFICIAL USE ONLY PA Department of Revenue County Code Year File Number Bureau of Individual Taxes INHERITANCE TAX RETURN PO BOX.280601 2 1 0 7 0 7 8 8 Harrisburg, PA 17128-0601 RESIDENT DECEDENT ENTER DECEDENT INFORMATION BELOW Social Security Number Date of Death Date of Birth 202 20 2414 08 10 2007 08 04 1928 Decedent's Last Name Suffix Decedent's First Name MI S~JARTZ RAY S (If Applicable) Enter Surviving Spouse's Information Below Spouse's Last Name Suffix Spouse's First Name MI SWARTZ BETTY S Spouse's Social Security Number THIS RETURN MUST BE FILED IN DUPLICATE WITH THE REGISTER OF WILLS FILL IN APPROPRIATE OVALS BELOW X 1. Original Return 2. Supplemental Return 3. Remainder Return (date of death prior to 12-13-82) 4. Limited Estate ! ' 4a. Future Interest Compromise , X ' S. Federal Estate Tax Return Required - - (date of death after 12-12-82) X g Decedent Died Testate ~. Decedent Maintained a Living Trust O e. Total Number of Safe Deposit boxes - ~ (Attach Copy ot'Nill) (Attach Copy of Trust) 9. Litigation Proceeds Received 1 p 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 MARIELLE F HAZEh1 717 540 4332 Firm Name (If Applicable) HAZEN ELDER LAVJ First line of address 2000 LINGLEST~WN RD. Second line of address SUITE 202 Ctty or Post Office State ZIP Code HARRISBURG PA 17110 REGISTER OF~ILLS USE O~Y =~. o -~ -~ ~ jrm - r ~ 'm - ; ~ ;= TV ,- ~' " i _ ~~ ;`- - DA~~ED C.3 -{- ~; : ~~-~ _ T; . _, :' --j ..~ 7 ~- t''`j :. t -r-t '« Correspondent's a-mail address: Under penalties of perjury, 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, corcect and complete. Declaration of preparer other than the personal representative Is based on all information of which preparer has any knowledge. 2000 Linglestown Road, Harrisburg, PA 17110 Side 1 15056041147 15056041147 J 4236 Cheswick Lane, Virginia Beach, VA 23455 SIGNA U E OF PREP R OTHE THAN REPRESENTATIVE DATE -. Marlette F. Hazen ~ - ?_ ~ REV-1500 EX Decedent's Name: R 8 y $$ W 8 CtZ RECAPITULATION 15056042148 1. Real Estate (Schedule A) .......................................................................................... 1. 2. Stocks and Bonds (Schedule B) ............................................................................... 2. 3. Closely Held Corporation, Partnership or Sole-Proprietorship (Schedule C).......... 3. Decedent's Social Security Number 202 20 2414 561,000.00 1,305,615.95 4. Mortgages & Notes Receivable (Schedule D) ........................................................ .. 4. 5. Cash, Bank Deposits & Miscellaneous Personal Property (Schedule E) ............... . 5. 4 9 1 3 2 6 7 0 6. Jointly Owned Property (Schedule F) ~ ,Separate Billing Requested ............ . 6. 5 1 5 0 0 0 0 7. Inter-Vivos Transfers & Miscellaneous Non-Probate Property (Schedule G) Separate Billing Requested ............ . 7. 4 1 9 2 0 6 7 8 8. Total Gross Assets (total Lines 1-7) ...................................................................... . 8, 2 8 2 8 6 4 9 4 3 9. Funeral Expenses & Administrative Costs (Schedule H) ........................................ .q. 4 4 3 3 2 -_- 5 7 10. Debts of Decedent, Mortgage Liabilities, & Liens (Schedule I) .............................. .. ICI. 11. Total Deductions (total Lines 9& 10) .................................................................... .. 11. 4 4 3 3 2 5 7 12. Net Value of Estate (Line 8 minus Line 11) ........................................................... .. 12. 2 7 8 4 3 1 6 8 6 13. Charitable and Governmental BequestsJSec 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. 2 7 8 4 3 1 6 8 6 TAX COMPUTATION -SEE INSTRUCTIONS FOR APPLICABLE RATES 15. Amount of Line 14 taxable at the spousal tax rate, of transfers under Sec. 9116 (a)(1.2) X .o0 2 7 8 4 3 1 6 8 6 15. 0 0 0 16. Amount of Line 14 taxable at lineal rate X .045 0 0 0 16. 0 0 0 17. Amount of Line 14 taxable at sibling rate X .12 0 0 0 17• 0 0 0 18. Amount of Line 14 taxable at collateral rate X .15 0 0 0 18. 0 0 0 19. Tax Due .................................................................................................................... . 19. 0 0 0 20. FILL IN THE OVAL IF YOU ARE REQUESTING A REFUND OF AN OVERPAYMENT. Side 2 15056042148 15056042148 REV-1500 EX Page 3 File Number 21-07-0788 Decedent's Complete Address: DECEDENT'S NAME Ray S Swartz STREET ADDRESS 12 Parsonage St. CITY Newville STATE.. ZIP. PA 17241 Tax Payments and Credits: 1. Tax Due (Page 1 Line 19) (1) 0..00 2. Credits/Payments A. Spousal Poverty Credit - _ _ - - _ B. Prior Payments C. Discount 0.00 Total Credits (A + B + C) (2) 0.0 0 3. InteresUPenalty if applicable p. Interest E. Penalty Total InteresUPenalty (D + E) (3) 4. If Line 2 is greater than Line 1 + Line 3, enter the difference. This is the OVERPAYMENT. (4) Check box on Page 2 Line 20 to request a refund 5, If Line 1 + Line 3 is greater than Line 2, enter the difference. This is the TAX DUE. (5) 0.00 A. Enter the interest on the tax due. (5A) g. Enter the total of Line 5 + 5A. This is the BALANCE DUE. (5B) 0 . d 0 Make Check Payable to: REGISTER OF W/LLS, 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 :.................................................................................. ' x b. retain the right to designate who shall use the property transferred or its income :.................................... x c. retain a reversionary interest; or .................................................................................................................. X' d. receive the promise for life of either payments, benefits or care? .............................................................. x , 2. If death occurred after December 12, 1982, did decedent transfer property within one year of death without receiving adequate consideration? ....................................................................................................................... , x 3. Did decedent own an "in trust for" or payable upon death bank account or security at his or her death?......... x 4. Did decedent own an Individual Retirement Account, annuity, or other non-probate property which contains a beneficiary designation? ..................................................................................................................... x IF THE ANSWER TO ANY OF THE ABOVE QUESTIONS IS YES, YOU MUST COMPLETE SCHEDULE G AND FILE IT AS PART OF THE RETURN. -__ -.-__ --- - --- - _ _-a_. ,.m-. _ _...-.. .. __ __ - For dates of death on or after July 1, 1994 and before January 1, 1995, the tax rate imposed on the net value of transfers to or for the use of the surviving spouse is three (3) percent [72 P.S. §9116 (a) (1.1) (i)]. For dates of death on or after January 1, 1995, the tax rate imposed on the net value of transfers to or for the use of the surviving spouse is zero (0) percent (72 P.S. §9116 (a) (1.1) (ii)]. The statute does 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 spouse is the only beneficiary. For dates of death on or after July 1, 2000: lie 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. Rev15o2 EX+ (8.98) SCHEDULE A REAL ESTATE COMMONWEALTH OF PENNSYLVANIA I I INHERITANCE TAX RETURN RESIDENT DECEDENT ESTATE OF FILE NUMBER Swartz, Ray S 21-07-0788 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 VALUE AT DATE NUMBER DESCRIPTION OF DEATH 1 30 West Big Spring Avenue, Newville, PA -Value as of appraisal done December 12, 77,000.00 2007 by Wolfe 8t Shearer Appraisal Services, attached 2 Nealy Road, Newville, PA 17241 -Value as per appraisal dated December 12, 2007 484,000.00 by Wolfe ~ Shearer Appraisal Services, attached. TOTAL (Also enter on Line 1, Recapitulation) I 561,000.00 (If more space is needed, additional pages of the same size) Copyright (c) 2002 form software only The Lackner Group, Inc. Form PA-1500 Schedule A (Rev. 6-98) Rev-1503 EX+ (6-98) SCHEDULE B STOCKS & BONDS COMMONWEALTH OF PENNSYLVANIA I INHERITANCE TAX RETURN RESIDENT DECEDENT ESTATE OF FILE NUMBER Swartz, Ray S 21-07-0788 All property jointly-owned with right of survivorship must be disclosed on Schedule F ITEM NUMBER CUSIP NUMBER DESCRIPTION UNIT VALUE VALUE AT DATE OF DEATH 1 Ameriprise Financial -Mutual Fund Account No. 108,361.70 01012265988 0 002 2 Ameritrade Stock Acct. #885-014514 146,041.23 3 38.759751 shares of ATB~T Inc. Acct. #02007522757 38.87 1,506.59 4 1,212 shares of AT&T Inc. Acct. #03006634931 - 458 38.87 47,110.44 Bell South Certificated shares at Cusip #079860 10 2 5 115.757249 shares of Citigroup, Inc. Stock 47.00 5,440.59 6 292 shares of Consumer Financial - 20th Century .44 128.48 Stock Certificate 7 4,508.842 shares of Delaware Investments -Delaware 7.93 35,755.12 Tax-Free Pennsylvania Fund A 8 2,304.150936 shares of Exelon Stock - 204 72.85 167,857.39 Philadelphia Electric Co. Certificated shares at Cusip #717537 10 4 9 1,867.658521 shares of ExxonMobil Stock 84.51 157,835.82 10 349.635 shares of Ford Motor Co. Stock 8.23 2,877.49 11 57 shares of Lucent Technologies 2.55 145.35 12 325.933 shares of Medtronic, Inc. Acct. #3100379895 - 53.06 17,294.00 304 Certificated shares at Cusip #58505510 6 Total of Continuation Schedule See attached page TOTAL (Also enter on Line 2, Recapitulation) 1,305,615.95 (If more space is needed, additional pages of the same size) Copyright (c) 2002 form software only The Lackner Group, Inc. Form PA-1500 Schedule B (Rev. 6-98) Rev-7503 EX+ (8.98) SCHEDULE B STOCKS & BONDS continued COMMONWEALTH Of PENNSYLVANIA INHERITANCE TAX RETURN RESIDENT DECEDENT ESTATE OF FILE NUMBER Swartz, Ray S 21-07-0788 ITEM NUMBER CUSIP NUMBER DESCRIPTION VALUE AT DATE UNIT VALUE i OF DEATH 13 210 shares of Navistar International Corp. - 210 55.16 ~ 11,583.60 Certificated shares at Cusip #63934E 10 8 14 1,397 shares of Nuveen Investments Acct #46839 - 12.93 18,063.21 Nuveen Pennsylvania Premium Income Municipal Fund 2 -1397 shares at Cusip #67061 F 101 15 4,090.842848 shares of PNC Financial Services Group 70.61 288,854.41 Acct. No. 00000845710 - 2,329 Certificated shares at Cusip #693475 10 5 16 226 shares of Sterling Financial Corp. - 226 17.42 3,936.92 Certificated shares at Cusip #859317 10 9 17 11,587 shares of Stora Enzo Stock -11,587 Certificated 15.97 ~ 185,044.39 shares at Cusip #86210M 10 6 18 100 shares of Visteon Corp. Acct. No. 0002036333 6.79 679.00 19 US Savings Bonds -15 Series E Bonds: C29356466E, 1,108.06 X25836767E,X25812444E,X26115453E,X25938909E, X25918548E, X26142273E, X26117004E, X26114189E, X25760855E, X26170747E, X26205600E, X23632690E, X25677851 E,X25677852E 20 Waddell ~ Reed, Inc. Acct. #8833915 105,992.16 TOTAL (Also enter on Line 2, Recapitulation) 1,305,615.95 Copyright (c) 2002 form software only The Lackner Group, Inc. Form PA-1500 Schedule B (Rev. 6-98) Rev1506 EX+ (6.98) SCHEDULE E CASH, BANK DEPOSITS, & MISC. PERSONAL PROPERTY COMMONWEALTH OF PENNSYLVANIA INHERITANCE TAX RETURN RESIDENT DECEDENT ESTATE OF FILE NUMBER Swartz, Ray S 21-07-0788 InGUde the proceeds of litigation and the date the proceeds were received by the estate. All property )ointfyowned with the right of survivorship must be disclosed on schedule F ITEM VALUE AT DATE NUMBER DESCRIPTION OF DEATH 1 Estate of Helen S. Egolf 58,333.33 2 AIM Investments Acct. #0003721760 94,004.56 3 American Century Investments Acct #941-000061484 -Tax-free Money Market 111,196.56 4 Ameritrade Money Market Acct #885-014514 112,145.09 5 Janney Montgomery Scott Acct. #8074-6198 37,499.70 6 Morgan Stanley Acct. #410021680084 64,497.46 7 1,000 Van Kampen Investments Acct. No. 11826 -1000 Certificated shares at Cusip 13,650.00 92112T 10 8 TOTAL (Also enter on Line 5, Recapitulation) I 491,326.70 (If more space is needed, additional pages of the same size) Copyright (c) 2002 form software only The Lackner Group, Inc. Form PA-1500 Schedule E (Rev. 6-98) Rev-1509 EX+ (6.98) SCHEDULE F COMMONWEALTH OF PENNSYLVANIA JOINTLY-OWNED PROPERTY INHERITANCE TAX RETURN RESIDENT DECEDENT ESTATE OF FILE NUMBER Swartz, Ray S 21-07-0788 If an asset was made J°int within one year o1 the decedent's date of death, it must be reported on schedule G. SURVIVING JOINT TENANT(S) NAME ADDRESS RELATIONSHIP TO DECEDENT H. B. Garrett P. Mortenson ~PO Box 33, Newville, PA 1724 C. JOINTLY OWNED PROPERTY: ITEM NUMBER LETTER FOR JOINT TENANT DATE MADE JOINT DESCRIPTION OF PROPERTY INCLUDE NAME OF FINANCIAL INSTITUTION AND BANK ACCOUNT NUMBER OR SIMILAR IDENTIFYING, NUMBER. ATTACH DEED FOR JOINTLY-HELD REAL ESTATE. DATE OF DEATH VALUE OF ASSET % OF DECD'S INTEREST DATE OF DEATH VALUE OF DECEDENT'S INTEREST 1 B 7/15!1953 1 Lafayette Street, Newville, PA -Value as 78,000.00 50.000% 39,000.00 of appraisal done December 12, 2007, by Wolfe 8 Shearer Appraisal Services, attached. Held as tenants in common. 2 B 2/10/1968 Fairfield Street, Newville, PA -Value as of 25,000.00 50.000% 12,500.00 appraisal done December 12, 2007 by Wolfe 8 Shearer Appraisal Services, attached. Held as tenants in common. TOTAL {Also enter on Line 6, Recapitulation) I 51,500.00 (If more space is needed, additional pages of the same size) Copyright (c) 2002 form software only The Lackner Group, Inc. Form PA-1500 Schedule F (Rev. 6-98) Rev1510 EX+ (8.98) SCHEDULE G INTER-VIVOS TRANSFERS & MISC. NON-PROBATE PROPERTY COMMONWEALTH OF PENNSYLVANIA INHERITANCE TAX RETURN RESIDENT DECEDENT ESTATE OF (FILE NUMBER Swartz, Ray S 21-07-0788 This schedule must be completed and riled if the answer to any of questions 1 through 4 on the reverse side of the REV-1500 COVER SHEET is yes. ITEM NUMBER DE RI I N F PR RTY INCLUDE NAME OF TRANSFEREE, THEIR RELATIONSHIP TO DECEDENT AND THE GATE OF TRANSFER. ATTACH A COPY OF THE DEED FOR REAL ESTATE. PATE OF DEATH VALUE OF ASSET % OF pECD'S INTEREST EXCLUSION {IF APPLICABLE) TAXABLE VALUE 1 AIG Annuity Insurance Company -Contract # 226,096.21 100.000 226,096.21 AN203667 Beneficiary -Betty E. Swartz, spouse 2 Allianz Life Insurance Company -Policy No. 193,110.57 100.000 193,110.57 70485564 Beneficiary -Betty E. Swartz, spouse TOTAL (Also enter on Line 7, Recapitulation) I 419,206.78 (If more space is needed, additional pages of the same size) Copyright (c) 2002 form software only The Lackner Group, Inc. Form PA-1500 Schedule G (Rev. 6-98) REV•1151 EX+ (12.99) COMMONWEALTH OF PENNSYLVANIA INHERITANCE TAX RETURN RESIDENT DECEDENT ESTATE OF FILE NUMBER Swartz, Ray S 21-07-0788 Debts of decedent must be reported on Schedule I. ITEM DESCRIPTION AMOUNT NUMBER A, FUNERAL EXPENSES: See continuation schedule(s) attached 9,693.85 B. ADMINISTRATIVE COSTS: 1. Personal Representative's Commissions Social Security Number(s) / EIN Number of Personal Representative(s): Street Address City State Zip Year(s) Commission paid 2. Attorney's Fees Hazen Elder Law 32,000.00 3. Family Exemption: (If decedent's address is not the same as claimant's, attach explanation) Claimant Street Address City State Zip Relationship of Claimant to Decedent 4. Probate Fees Cumberland County Register of Wills 280.00 5. Accountant's Fees 6. Tax Return Preparer's Fees 7. Other Administrative Costs 2,358.72 See continuation schedule(s) attached TOTAL (Also enter on line 9, Recapitulation) 44,332.57 Copyright (c) 2002 form software only The Lackner Group, Inc. Form PA-1500 Schedule H (Rev. 6-98) SCHEDULE H FUNERAL EXPENSES & ADMINISTRATIVE COSTS Rev-1502 EX+ (6.98) SCHEDULE H-A FUNERAL EXPENSES continued COMMONWEALTH OF PENNSYLVANIA INHERITANCE 7AX RETURN RESIDENT DECEDENT ESTATE OF (FILE NUMBER Swartz, Ray S 21-07-0788 Copyright (c) 2002 form software only The Lackner Group, Inc. Form PA-1500 Schedule H-A (Rev. 6-98) Rev-1502 EX+ (6-98) SCHEDULE H-B7 OTHER ADMINISTRATIVE COSTS COMMON WEALTH OF PENNSYLVANIA continued INHERITANCE TAX RETURN RESIDENT DECEDENT ESTATE OF FILE NUMBER Swartz, Ray S 21-07-0788 ITEM NUMBER DESCRIPTION AMOUNT 1 Copies Expense 97.00 2 Cumberland Law Journal -Estate Notice 75.00 3 Cumberland Co. Register of Wills -Additional Short Certificates 44.00 4 Postage Expense 65.00 5 Safeco Bond Company -Insurance fee for replacement of lost stock certificate 95.16 6 Sentinel -Estate Notice 182.56 7 Wolfe and Shearer Realty -Appraisers -Fee for appraisal of real estate properties 1,800.00 Subtotal ~ 2,358.72 Copyright (c) 2002 form software only The Lackner Group, Inc. Form PA-1500 Schedule H-B7 (Rev. 6-98) REV-1573 EX+ (9A0) SCHEDULE J COMMONWEALTH OF PENNSYLVANIA BENEFICIARIES INHERITANCE TAX RETURN RESIDENT DECEDENT ESTATE OF FILE NUMBER Swartz, RaY S 21-07-0788 NAME AND ADDRESS OF RELATIONSHIP TO DECEDENT SHARE OF ESTATE AMOUNT OF ESTATE NUMBER PERSON(S) RECEIVING PROPERTY Do Not List Trustees (Words) {$$$) I. TAXABLE DISTRIBUTIONS [include outright spousal and transfers distributions , under Sec. 9116(a)(1.2)] Swartz Family Credit Shelter Trust Credit Shelter 4236 Cheswick Lane Trust Virginia Beach, VA 23455 Betty S. Swartz Wife 12 Parsonage St. Newville, PA 17241 Ray S Swartz, II Son 4236 Cheswick Lane Virginia Beach, VA 23455 Tower S. Swartz Son 30 Big Spring Ave. Newville, PA 17241 Stacy S. Temple Daughter 2505 Lone Pine Point Virginia Beach, VA 23451 Total Enter dollar amounts for distributions shown above on lines 1 5 through 18, as appropr iate, on Rev 1500 cove r 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 II -ENTER TOTAL NON-TAXABLE DISTRIBUTIONS ON LINE 13 OF REV-1500 COVER SHEET I U.UU Copyright (c) 2002 form software only The Lackner Group, Inc. Form PA-1500 Schedule J (Rev. 6-98) INYESTMENTS November 2, 2007 CORRINE EGGERS WOODHOUSE HAZEN ELDER LAW 2000 LINGLESTOVi'N ROAD STE 202 HARRISBURG PA 17110 Correspondence [D: 00451797 Dear Corrine Eggers Woodhouse: PO Box 4739 Houston, TX 77210-4739 11 Greenway Plaza, Suite 100 Houston, TX 77046-1173 713 626 1919 www.aiminvestments.com A I M Investment Services, lnc. Thank you for doing business with AIM Investments on behalf of your client, Ray Swartz, H. Per the enclosed written request from your client, we are providing you with the following information regarding Ray Swartz's individual account numbers 7006298967 and 3721760. According to our records, Ray Swartz only had these nvo individual accowlts held at AIM. As of August 10, 2007, account number 7006288967 had the following balance: Fund Share Balance Net Asset Value Price Per Share Market Value AIM Mid Ca Core E uity Fund - Class A (1546) 943.883 $27.68 $26,126.68 Total Market Value: $26,126.68 In addition, as of August 10, 2007, account number 3721760 had the following balance: r'unw% S3sare Bc~lrtnce Net Asset V+?lie 3'r1s~e e'er Share ~1;rzakYi l~Qaf~aae ~ AIM Gold 8 Precious Metals -Investor Class (51) 14,092.010 $6.36 $89,625.18 AIM Money Market Fund -Investor Class (221) 4,379.380 $1.00 $4,37).38 Total Market Value: $94,004.56 Lastly, you also requested the interest and dividends earned on each of these accounts. 'This information is included in the account statements. Statements can be located online or by submitting a written request. AIM Investments charges a $10.00 per year fee for copies of statements that are not available online. According to our records, account number 7006298967 was established in 1992 and account number 3721760 was established in 1988. Therefore, in order to receive account statements prior to 1998, please submit a letter of instruction requesting the statement(s) along with a check for the appropriate amount made payable to AIM Investment Services, Inc. We will not be able to redeem the statement fee from the account. Member of Me AMVESCAP Group September 25, 2007 Corinne Eggers Woodhouse Hazen Elder Law 2000 Linglestown Road, Suite 202 Harrisburg, PA 17110-9347 ~~ American Century Investments Re: Account 941-000061484--Tax-Free Money Market, individuai, Ray S. Swartz Dear Ms. Woodhouse: Thank you for your recent correspondence. We received the Short Certificate, Release from Ray S. Swartz II, death certificate for Ray S. Swartz and your letter requesting account information. We appreciate your taking the time to provide us with these documents. I have enclosed Mr. Swartz' death certificate for your records. Mr. Swartz owned the above-referenced individual account. The value of the individual account as of August 10, 2007, was $111,196.56. Please note that there was not a change of ownership or registration within the past 14 months. A letter of instruction has been sent to Ray S. Swartz II regarding the account. I hope this information is helpful. If you have any questions or if we can be of further assistance, please call our Investor Relations department at 1-800-345-2021. We are available to assist you weekdays from 7 a.m. to 7 p.m. and Saturdays from 9 a.m. to 2 p.m. Central time. Sincerely, c'YY1.t.G~-mom ~lt`~ Melissa Ralph Correspondence Specialist Document No. 00863173-m9x Enclosure: ORIGINAL Death Certificate, Ray S. Swartz (092307/9000224/912) American Century Investments 1-800-345-5810 P.O. Box 419287, Kansas City, Md 64141-6257 cvww.americancenturycom 3~. ' ° A ~~~~ ~ E~ ~a ~yi 0 N ~~~7 ~. , To Roger APlace/Field/AMPF@AMPF cc bcc Subject Client ID: 10953321 Estate of RAY S SWARTZ--Initial requirements letter RiverSource life Insurance Company RiverSource Funds Ameriprise Certificate Company Ameriprise Brokerage 70100 Ameriprise Financial Center Minneapolis, MN 55474 September 25, 2007 ROGER ALLAN PLACE 342 N FRONT ST STE 200 WORMLEYSBURG, PA 17043-1112 Dear ROGER ALLAN PLACE: We have received notification of RAY S SWARTZ"s death. The deceased"s name appears on the following accounts. Account values as of 08/10/2007 are listed below. Account Information Mutual Funds Account Number 01012265988 0 002 Mutual Funds Account Number 01012265988 0 U02 Ownership Individual Total Value # of shares Asset Value Per Share $108361.7 15071.168 7.190 The date of death values provided are for estate tax purposes and are not a value to be paid. Accounts may be subject to market fluctuation as governed by each product. Please note that the values indicated for any Life Insurance product(s) reflect the gross death benefit at date of death, not the cash value. Values for any proprietary mutual funds include accrued dividends as applicable. Values provided for brokerage products are manually calculated, and should be used as estimates only. The prices used to provide values are estimates obtained from outside sources believed to be reliable. Ameriprise Financial provides these values as a service to its clients. Actual values used in preparation of tax returns or for planning purposes should be verified by your legal and accounting advisors. © AMERITRADE Apex 800.669-3900 TD AMERITRADE DIVISION OF TD AMERITRADE INC PO BOX 2209 OMAHA. NE 68103-2209 Statement Reporting Period 08/01/07 - 08/31/07 Statement for Account Jf 885-014514 RAY S SWARTZ 12 PARSONAGE ST NEWVILLE, PA 17241-1314 Announcements: CONDITIONAL ORDERS: TRADE MORE EFFICIENTLY AND MANAGE RISK. CONDI710NAL ORDERS CAN HELP. DISCOVER YOUR ORDER CHOICES. LOG ON. SELECT THE TRADE MENU. Current Prior Period % Estimated Estimated Portfolio Investment Value Value _ Change Change _ _ Income Yield Allocation Portfolio Allocation Cash $ - $ - $ - - $ - - MMDA - - - - - - - Money Market 112,627.37 112,136.92 490.45 0.4% - - 42.9% Short balance - - - - - - - Stocks 150 00'1 03 144 527.74 5 474.29 3.8% 2,651.39 1.8°!0 57.1°lo , . , , Money ~ Short stocks - - - - - - Market Bonds -~ - - - - - - 42.9% Stocks Options - - - - - - - 57.1 /° Short options - - - - - - - Mutual funds - - - - - - - Other -_ - - - - - - Total $262,629.40 $256,664.66 $5,964.74 2.3°10 $2,651.39 1.0% 100% Margin equity 100.0% Current YTD Taxable Non-Taxable YTD YTD Opening balance $ 0.00 $ - Income Cost basis as of - 08!31/07 $ - Securities purchased - - Dividends $73.57 $ - $738.46 Unrealized gains - Securities sold - 65.94 Interest - - - Unrealized losses - Funds deposited - 215.12 Other - - - Funds deposited!(disbursed) 215.12 Funds disbursed - - Expense Income/(expense) 727.89 Income 73.57 738.46 Interest - - - Securities received/(delivered) 138,494.8_9 Expense (9.81) (10.57) Fees - - - Other (63.76) (1,008.95) Other - (9.81) (10_57 Closing balance $ 0.00 $0.00 Net $73.57 {$9.81) $727.89 page 1 of 5 Statement for Account # 885-014514 08!01 /07 - 08131 /07 ~ .- Your Apex status continues to save you money. You saved an estimated $2.00 in service fees this month. Free aces to NASDAQ Level II, Streaming News and Advanced analyzer saves you $59.97 per mon th in subscription fees. . ~- Description Curren: Year to Date Ordinary Dividends $ 0.00 $ 19.60 Foreign Tax Withheld (9.81) (10.57) QUALIFIED DIVIDENDS 73.57 738.46 Money Mkt Fund Div • 426.69 1,493.59 Symbol/ . Current ~ Market Purchase Cost Average Unrealized Annual Investment Description CUSIP Quantity Price ~~I.O Value t Date Basis Cost Gain(Loss) Income Yield - ~` 10 U .4c_ Stocks -margin Alcatel Lucent Sponsored Adr ALU 24 $ 10.95 11~ a`' $262.60 a`lD,ao $ - $ NP $ $ 4.31 1.6% Altria Group Inc Com MO 500 69.41 (~.fo`~34,705.00 33 t3~u. - NP 1,380.00 4.0% AtRT Inc Com T 23 39.87 38.Fsrj 917.01 b~~rl, o I - NP 32.66 3.6% Avaya Inc Com AV 110 16.83 i(Q.2 Z. 1,851.30 I `18~I~ ~;r7 - NP CovidienLtdCom COV 187 39.83 ~(a.o(P 7,448.21 '14°I4,a~- - NP Glaxo Smithkline Plc Adr GSK 113 52.22 5 a , o (, 5,900.86 ~'' ~'8.`? • ~& - NP 217.26 3.7% Kraft FoodslncClA KFT 346 32.06 3t.g'~ 11,092.76 IIiDo1`1.oa- - NP 346.00 3.1% Potash Corp Sask Inc Com POT 654 88.56 ~(P, ~.~{ 57,918.24 ~~ Cc, ~tco• c1(o - NP 222.36 0.4% Reynolds American Inc Cam RAI 132 66.12 C,;~,g~( 8,727.84 g~~qy.~~ - NP d48.8o 5.1% Rite Aid Corp Com RAD 1,000 5.07 ~.s2 5,070.00 g,13~~ - NP Telefonica Data Argentina Sa TDAFF 44 0.0001 • °°O° NP - NP Com TelefonicaDeArgent TFOBF 391 3.40 j,35 1,329.40 ,- '.?~~.'~''? - NP CI B Ars Par Ord Telefonica Moviles Arg TFMAF 184 NP NP - NP Delisted 09-07-06 ~ ~ ' '~ Tyco Electronics Ltd Com TEL 187 34.87 3~,4g 6,520.69 . ~' 4' - NP Tyco International Ltd Com TYC 187 44.16 ~(3,°(S 8,257.92 ~la.~, f~ - NP Total stocks $150,002.03 30.00 $0.00 52,651.39 1.8% Total margin account $150,002.03 (U(vIU~'.~~j $0.00 $0.00 $2,651.39 1.8% page 2 of 5 Statement for Account # 885-014514 08/01/07 - 08/31/07 Trade Settle Account Symbol/ Date Date Type Transaction Description Cusip Quantity Price Amount Balance Opening balance $ 0.00 08/01!07 08/01/07 Margin Div/1nt At&T Inc Com T $ 0.00 $ 8.17 8.17 Payable: 08101/2007 Qualified Dividends 8.17 08I01l07 08/01/07 Margin Joumal Purchase Tdam Mm Portfolio 0.00 (8.17) 0.00 Investor Cla 08110!07 08/10/07 Margin Div/lnt Potash Corp Sask Inc Com POT 0.00 65.40 65.40 Payable: 08!1012007 Qualified Dividends 65.40 08l10I07 08/10/07 Margin Divllnt Potash Corp Sask Inc Com POT 0.00 (9.81) 55.59 Cash Dividend Foreign Tax Adjustment Payable: 08/10/2007 08/13/07 08/13/07 Margin Journal Purchase Tdam Mm Portfolio 0.00 (55.59) 0.00 Investor Cla Closing balance S 0.00 • Number •. •. Begin Date Balance of Days Interest Rate Interest Accrued MTD Accrued MTD PAID 08!01/07 $ 112,145.09 1 4.4235 $ 13.59 $ 13.59 $ - 08/02/07 112,145.09 1 4.4272 13.60 27.19 - 08/03/07 112,145.09 3 4.4230 40.77 67.96 - 08/06/07 112,145.09 1 4.4158 13.57 81.53 - 08/07I07 112,145.09 1 4.4202 13.58 95.11 - 08l06107 112,145.09 1 4.4212 13.58 108.69 - 08/09/07 112,145.09 1 4.4277 13.61 122.30 - 08/10/07 -112,145.09 - 3 4.4432 40.95 163.25 - OS/13/07 112,200.68 1 4.4262 13.61 176.86 - 08/14107 112,200.68 1 4.4267 13.61 190.47 - 08/15/07 112,200.68 1 4.4564 13.70 204.17 - 08/16/07 112,200.68 1 4.4811 13.77 217.94 - 08/17/07 112,200.68 3 4.4978 41.48 259.42 - 08/20/07 112,200.68 1 4.5151 13.88 273.30 - 08/21/07 112,200.68 1 4.5374 13.95 287.25 - OS/22/07 112,200.68 1 4.5130 13.87 301.12 - 08/23/07 11'Z,200.68 1 4.5123 13.87 314.99 - 08/24/07 112,200.68 3 4.5092 41.58 356.57 - 08/27l07 112,200.68 1 4.5291 13.93 370.50 - page 3 of 5 ~pmputershare September 26, 2007 Hazen Elder Law Attn: Corinne Eggers Woodhouse 2000 Linglestown Road, Suite 202 Harrisburg, PA 17110 Company Name: EXXON MOBIL CORPORATION / XOM Holder Account Number: 00002737540 Registration : Ray S Swartz Dear Ms. Woodhouse: Computershare Investor Services 250 Royall Street Canton Massachusetts 02021 www.computershare.com ••••••••••••••••••••••rf Thank you for your inquiry regard+ng the above referenced account. We appreciate the opportunity to be of service to you on behalf of Exxon Mobil Corporation. Below, please find a listing of all accounts in all companies owned, account numbers, exact registration, date of death share balance and value and the current share balance .and value. ATS~T Inc. account number 02007522757 in the name of Ray S Swartz currently has 38.759751 shares in the dividend reinvestment plan. On September 25, 2007, the closing price was $42.57 per share. On that date, the value of the account was $1,650.00. On August 10, 2007, this account had 38.759751 shares, the closing price was $38.87. On that date, the value of the account was $1,506.59. AT~T Inc. account number 03006634931 in the name of Ray S Swartz currently has 1212 shares in book entry. On September 25, 2007, the closing price was $42.57 per share. On that date, the value of the account was $51,594.84. On August 10, 2007,. this account had 1.212 shares; the closing price was $38:87. On that date; the value of the account was $47,1=h0:44. Citigroup Inc. account number 00004216504 in the name of Ray S Swartz currently has 117.055233 shares in the dividend reinvestment plan. This account is administered by Citibank Shareholder Services. In this account 100 of these shares were issued as certificate numbers AG606636 dated December 1;:2000 for 76 sharesand AG717599 dated March 29, 2001 for 24 shares. The remaining shares are held in the plan at Computershare. On September 25, 2007, the closing price was $46.31 per share. On that date, the value of the account was $5,420.82. On August 10, 2007; this account had 115.757249 shares, the closing price was $47.00. On that date, the value of the account was $5,440.59. Exelon Corporation account number 00003690580 in the name ofi Ray S Swartz currently has 2,398.413874 shares in the dividend reinvestment plan. In this account 204 of these shares were issued as certificate numbers 76164 dated October 14, 1975 for 104 shares and 610998 dated June 6, 1974 for 100 shares. The remaining shares are held in the plan at Computershare. On September 25, 2007, the closing price was $77.89 per share. On that date, the value of the account was $186,812.45. On August 10, 2007, this account had 2,304.150936 shares, the closing price was $72.85. On that date, the value of the account was $167,857.39. Ford Motor Company account number 00004723333 in the name of Ray S Swartz currently has 349.635 shares in the dividend reinvestment plan. On September 25, 2007, the closing price was $8.34 per share. On that date, the value of the account was $2,915.95. On August 10, 2007, this account had 349.635 shares, the closing price was $8.23. On that date, the value of the account was $2,877.49. The PNC Financial Services Group account number 00000845710 in the name of Ray 5 Swartz currently has 4,090.842848 shares in the dividend reinvestment plan. In this account 2329 of these shares were issued as certificate number CPT215107 dated December 17, 1992. On September 25, 2007, the closing price was $69.55 per share. On that date, the value of the account was $28,4518.12. On August 10, 2007, this account had 4,090.842848 shares the closing price was $70.61. On that date, the value of the account was $288,854.41. Exxon Mobil Corporation account number 00002737540 in the name of Ray S Swartz currently has 1,875.188925 shares in the dividend reinvestment plan. On September 25, 2007, the clasing price was $91.96 per share. On that date, the value of the account was $172,442.37. On August 10, 2007, this account had 1,867.658521 shares, the closing price was $84.51. On that date, the value of the account was $157,835.82. For your convenience, we have enclosed the required forms to transfer the shares to the estate and the Frequently Asked Questions to assist you in completing the forms. We have mailed a transfer package containing these forms separately for each account fisted in this letter. Should you have any questions, please call us toll free at 1-800-252-1800. Our telephone representatives are available Monday through Friday between the hours of 9:00 AM and 5:00 PM Eastern Time. If you have Internet access, you may also obtain information about this account and available services by visiting our web site at www.computershare.com/exxonmobil or write to us at ExxonMobil Shareholder Services, clo Computershare, P.O. Box 43078, Providence, RI 02940-3078. Sincerely, Sonya Getchell Canton Contact Center Group Computershare Shareholder Services REF: SG/UI60000698576 Enclosure: Copy of Request, Transfer Package ~+~-~-""11/01I2007 14:44 412-562-6740 ~.o`-^ I~~law~ Ixa~estm~~.t~~ ~ member of cincCfn F~mm~ciaf Group October 3D, 2007 Ulelinda Mutohlcr ~~3 ss~ b7nn -Re; ~pclawarc {'ax-Free Pcrnsylvania Fund•A #7-507712x348 Ray S. Swarv. DD268350 250•MA1NT Bear Ms• Mutchler~ UBS FINAlJCIAL SP.VCS PAGE 02/02 %C~ 2005 Marke: Stre?t Phlladelphie, rA 17103•T09i We are writing in response to your r<:cent t9lophonc conversation with ore of our telephone representatives. Wo ar+e happy to provide you with the fallowing information regarding our mutual ttietit, R1y S. SWrdrtz. On August 10, 2047, Ray 5_ Swartz awned x,508.842 shares of the L7eiTwate Tax~Frec Pcnnsyivania A Class. 't'his 1s n mutual fund wirh a daily fluctuating price per share. 7'he net asset value of tfie Ptmd on t:het day wns $7.93, As such, the value of this aci-aunt on August 19, 2007 was 535,755.1?. if you have any qucstlons or require assistance please contact our Service Center at t-800-523-1918. Cur reptrsentatives are available between 8:40 a.m. and 7:00 p.m_ Enstem Time. Monday through Friday. Sincerely`~~ Lisa Moore Client Scrvise Ropresentxtivc www.d elaa~rcinvrsm>zitts.wm Delaware IrmrtmenK Is Sha market+ng n8m0 for trelaware Manag?mem Haldinps, inc. and it<t xuhfidiariart, Po g~c a~q~~~ ~brv~5a.5 ~ `3~ C7 ~~ is i - qt~9 t ~omputershare September 26, 2007 Corinne Woodhouse Hazen Elder Law 2000 Linglestown Rd Suite 202 Harrisburg PA 17110 Company Name: EXELON CORPORATION / EXC Holder Account Number: 00003690580 Registration: Ray S Swartz Dear Ms. Woodhouse: Computershare Investor Services 250 Royall Street Canton Massachusetts 02021 www.computershare.com Thank you for your inquiry regarding the share balance of the above referenced account. We appreciate the opportunity to be of service to you. On August 10, 2007 account number 00003690580 held 2,34.150936 shares. On that date, the closing price was $72.85 per share. Exelon pays a dividend of $0.44 per share in the months of March, June, September and December. If you have any further questions, please visit our web site at www.comgutershare.com. Or you may contact us by phone at 781-575-2879. We offer an automated telephone service to assist you at any time, or you may reach a representative Monday through Friday, 9 AM to 5 PM Eastern Time. Sincerely, Lauren Flipp Canton Contact Center Group Computershare Shareholder Services 66140 REF: LFlUI60000699241 r~ ..-- - -- -~ r-,.~, ,~ ~_ ,~+ ~. a,, ~~~ ' ~omputershare September 27, 2007 Hazen Elder Law 2000 linglestown Road, Suite 202 Harrisburg, PA 17110 RE: Estate of Ray Swartz Company Name : FORD MOTOR COMPANY /FORD Holder Account Number: 00004723333 Registration : Ray S SWartz Dear Sir !Madam: Computershare Investor Services 250 Royall Street Canton Massachusetts 02021 www.computershare.com Thank you for your inquiry regarding the share balance of the above referenced account. We appreciate the opportunity to be of service to you. On August 10, 2007 account number 00004723333 held 349.635 shares. On that date, the closing price was $8.23 per share giving the above referenced account a total market value of $2,877.50. If you have any further questions, please visit our web site at www.comgutershare.com. Or you may contact us by phone at 800-279-1237. We offer an automated telephone service to assist you at any time, or you may reach a representative Monday through Friday, 8 AM to 6 PM Eastern Time. Sincerely, ~4~ ~' ~hrlstme Ran`d~all Canton Contact Center Group Computershare Shareholder Services REF: crlUIB0000699615 Enclosures: r--, r-~ r-.; ., ;r ..~ r ~: OCT 0 9 2~~7 ~~ ~. '~ ~u~~ Estate of Ray Swartz J M S Acct # 8074-6198 Valuation as of August 10, 2007 Market Market Quantity Description Price Value 943.883 Aim Mid Cap Core Equity A $ 27.68 $ 26,126.68 908.669 DWS Technology Fd CIA $12.51 $ 11,367.00 6.02 Money Market $ 6.02 Total $ 37,499.70 PLEASE NOTE: This information is not the official record of the above account and is subject fo changes, errors and omissions and cannot be guaranteed as to ifs accuracy or completeness. The printed confrrmations and periodic account statements constitute the ofhcia! account record. This information is not a substitute for other important information that JMS sends. The above may not be used for tax reporting purposes. JMS wit( send oKciat tax documentation regarding this account via mail. Shareowner Services PO Box 64874 St. Paul, Minnesota 55164-0874 www.wellsfargo.com/shareownerservices September 28, 2007 HAZEN ELDER LAW ATTN: CORINNE EGGERS WOODHOUSE 2000 LINGLESTOWN RD STE 202 HARRISBURG PA 17110 Request Number: 4154999 ID Number: FS69115 WFType: CO Regarding: Financial Confirmation-Medtronic Dear Ms. Eggers-Woodhouse, Account Number: 3100379895 Registration: RAY S SWARTZ Creation Date: 06/26(1980 Issue Name of Stock: MEDTRONIC INC Total Share Balance on 08110/2007: 325.933 Certificate Shares: 304 DRS/Book Entry Shares: 0 Dividend Reinvestment Plan Shares: 21.933 Dividend Amount Paid YTD: $ 112.23 Dividend Rate: .125 Closing Price per Share on 08110/2007: $ 53.06 Ticker Symbol for the Company is: MDT It is exchanged or traded on: NYSE If you have any questions, please call our Shareowner Relations Department at 1-888-648-8154 Sincerely, Shareowner Relations Enclosures: ~I ff p ' I ~,V~ ., ~ ii1!E O~ I O 1 La:11 ~ d E~ -. ~ ~t`a ..~. a. _. .,~ ~.•...... "~.. ~.....~~.-~...~~~ti.... Morgan Stanley October 22, 2007 Hazen >=alder Law 2000 Linglestown Road, Suite 202 Harrisburg, PA 17110 Re: Account of Ray S. Swartz Dear Sirs: 4507 North {'r~~nr ~trcct Spite 20 i Harrisburg, i'r\ 17110 toll free 800 [i7G 0673 cei 7£? 255 G666 fax "i 17 255 C,51 In response to your letter dated September 18, 2007, we have provided the following information to you regarding the account of Ray S. Swartz. At the time of death, we held one account, numbered 410-021680-084 in single name of Ray S. Swartz. The value as of the close of business on A,ugt}st,10, 2007 was $64,4}'x.46. This amount is_represent8dilfi~:72~2~:56~s~hares of ~Viorga~n-Sta~al~y.US~C~ovorrt~n~e~t-~eGU~it~s Trust B . ~'iCti''~ i`~?AV~`bn Augast'10, 2007 of $8`.93 ` r `' ,. 1 ' ~.. - -. - - , :._ _ There have been no changes in ownership since tie inception ~f the account in ~198I If you have any further questions, please feel free to contact me at (717) 255-6681. Sincerely, i t~Y11~` l~• lYl~lg'rA~ CSA to Tamara .Iennings ~ t• ^^ 3 x': - t . ~t ~ to ....,, ~ ~ t a., ,~, ., r ...r' T?re informatio±~ and d?ta contained irs this report are from sources considered r;:iiable,~but their accuracy and~~~~~ cor.2p's~te~ess is not guaranteed. Thal report has been prepared for illustrative purposes only and is not intended Co be t.,ec~ z, n s?tbs'irut for monthly transrc'lon statements ou receive er- a. regular basis from ~'vlcrgan Stanley & Co. £na,~,~ ~ .;~~~d Please eomrare the data o.n t6tsdocumeut carehit£y with e~our monthly statements rL verifv?ts accuracy. '['he ~t'ompan;, sr,~~n~gly .~reouragtisyou to consult with }rourown accountants orc~ther_ad+~isors wlth respect to .any tax q'leSIlOI7S. _ Mn~~estta~~,rts and services are offered thrrn~g}7 r-Dorgan Stanley ~ Co. £ncerporated, mrrrher SIPi. Mellon Investor Services P.O. Box 3333 South Hackensack, NJ 07606 October 1, 2007 ...:.., ~ .~ OCT 0 ~ 2~~7 HAZEN ELDER LAW ATTN CORINNE F,GGERS WOODHOUSE 2000 LINGLESTOWN ROAD SUITE 202 HARRISBURG PA 17110 RE: ESTATE OF RAY S SWARTZ Dear Sir or Madam:: ~1 Melton Company iName NAVISTAR :,INTERNATIONAL ~CORP Account ;~KeY ~SW TZ---RAY-50000 ~ _,_. _..; Control ` 200709280000068 ;Number , ~ Telephone 800-522-6645 Number Thank you for your inquiry requesting information for this account. Please be informed that the 12 digit Investor ID for the above mentioned account is 125305199228. Also, be informed that the number of shares as on 08/10/2007 were 210 certificate shares. Also, please note the closing price, as on 08!1012007 was $55.16 per share. Additionally, be informed that the above mentioned account is registered in the individual name of Ray S Swartz. You will find included an account transcript containing the requested information. This report will show: • Account Profile-general account status • Account Certificate Listing-debit/credit of certificates • Account Payment List-details cumulative dividend payments • Dividend Reinvestment Account Summary-details shares purchased with reinvestment This letter also contains instructions for transferring shares from an account when the owner(s) is deceased and the estate has been probated. If you cannot locate the stock certificate(s), or if the estate has not been probated, please call the toll-free number shown above to obtain further information and requirements. 50 Shares or Less More than 50 u to 250 Shares More than 250 Shares Submit items 1 through 3 Submit items 1, 2, 3 and 4 Submit items 1 through 5 or Submit items 1, 2, 3 and 5 Required Items 1. Completed Transfer of Stock Ownership form signed by the Executor or Authorized Representative. 2. The original stock certificates (if applicable). 3. Inheritance Tax Waiver (if applicable). To determine if an Inheritance Tax Waiver form is required to be filed in your instance, please contact the state Tax Department located in the decedent's state of residence. The state Tax Department can provide the Inheritance Tax Waiver and further instructions. If the state does _~ American Stock Transfer & Trust Company September 26 200? HAZEN ELDER LAW ATTN: CORRINE E. WOODHOUSE 2000 LINGLESTOWN RD., SUITE 202 HARRISBURG PA 17110 Re: RAY S SWARTZ Company: STERLING FINANCIAL CORPORATION Account: 9000006548 Dear Sir or Madam: We have received your request regarding the above-referenced account. Operations Center 6201 15th Avenue Brooklyn, NY 11219 www.amstock.com (877)248-6420 Please be informed as of the date of death, August 10, 2007 and the current date, the account held a balance of 226 outstanding shares. These holdings are represented by the following certificates which should be in the shareholders possession Certificate # A56869 Date• OS/11106 # of Shares: 226 In the event an original certificate is lost, please inform our Lost Security Department in writing to the above address or on-line from our web site. Please be sure to provide all pertinent information and the certificate number which is lost, so we may properly initiate replacement procedures. The closing market value on August 10, 2007 was $17.42 per share. The total dividends earned through August 10, 2007 was $315.59. Enclosed please find a transfer instruction package providing necessary requirements needed to effect the transaction. Re: RAY S SWARTZ Company: FINANCIAL TRUST CORP -MERGER Account: 080215673 S Effective 5/30/97 Financial Trust merged into Keystone Financial at the following rate: IBIIIIIg111111BAY1B19AI~B~A1~' ,a^`~ Iii ac. nie~~ AST15053349000006548 ~ UI3S <~~ September 26, 2007 Hazen Elder Law 2000 Linglestown Road Suite 202 Harrisburg, PA 17110 Dear Corinne E. Woodhouse: UBS Financial Services Inc. One Mellon Bank tenter 500 Grant Street, 46th Floor Pittsburgh, PA 15219 Tel. 412-562-671 1 Fax 412-562-6740 Toll Free 800-633-1245 www.ubs.com Please find the following information is what was requested by your office: 1.) Account Number VP61363-76 Ray Swartz and Betty Swartz 2.) Ray Swartz and Betty Swartz JTWROS 3.) The value of the entire account on August 10, 2007 was $40,075.78 a. The position in this account was valued at $39,529.50 b. The money market in this account was $546.28 4.) The Account type is an RMA (Resource Management Account} which is a non-taxable account. The name of the stocklposition is Nuveen PA Dividend Adv Municipal 2-(NVY) 5.) Total shares owned was 2,850 and they were valued on the close of August 10th, 2007 at 13.87. 6.) Interest and dividends earned through August 10, 2007 was a dividend on August 01 of $134.20 and interest on August 7th of 0.58. We will be moving this account from Joint name into Single name as soon as a death certificate and the necessary paperwork has been received by the spouse, Mrs. Betty Swartz. Sincerely, Melinda Mutchler Assistant to William J. Zalewski, CFP Senior Vice President--Investments ~~ GAT C ~ `:.~ 7 Lr'JJ <,' UBS Financial Services Mnc, is a subsidiary of UBS AG. ~~ i ~ i yy ~~ '} m.d ~~s/.Y~aYYr Y.Y f~~w•wvyawrs~l' ~~ ~1 n ~, stor Services Box 11258 rch Street Station New York, NY 10286 (877) 881-5962 vcshareholders@banko fny.com www.stockbny.com October 2, 2007 HAZEN ELDER LAW 2000 LINGLESTOWN ROAD SUITE 202 HARRISBURG PA 17110 ATTN: CORINNE EGGERS WOODHOUSE Re: VISTION CORPORATION Ticket # 8708158-PDR16 Co # - 9152 Acct.# - 0002036333 RAY S SWARTZ Dear Investor: 1` x ! 1 ~~ ~, ~ r the BAN 1~ O~ ~ ~'~ ~~ ~ ~,~ ` ,~ .;. .~ ` Thank you for your inquiry regarding the status of the above referenced account. Listed below is the account balance as of August 10, 2007. Date Certificated/DRS Div. Reinv. Total Shares Per share Total Value Balance Balance Value August 10, 100.0000 100.0000 $6.79 Total Shares 2007 X Per Share Value A history of the Dividend Reinvestment Plan is enclosed. Please note that the account is registered in the name of Ray S Swartz as single registration and r~o beneFciaxy was designated. In order to change the registration on the account, please complete the transfer package that you will receive under separate cover. We hope this information has been helpful and if you need further assistance, please contact us at the above toll-free number. Sincerely, Investor Services k F 5 ~..`y i{'~j^ ; p {'i 711 ~~_. ~; ~ j k # 51, ~ .a,. ~..... _~, `a ~VADDELL c~REED Financial Services ~`~1-~nrl% NwC WooolLtp,~t '1 ~~~s~, ,, 6300 Lamar Avenue Post Office Box 29217 Shawnee Mission, KS 66201-9217 Date: ~} 01Tf~ d 7 ?DDO ~J ~~ 1Q,l~ow~ Qd Svi~s ZOZ o.<< ~s~~~a `] 1 ~ Decedent Name(s):~~W ~ k Z This is written in response to your request for a date of death valuation for the above person(s). ~v~e Have no accounts on record in the nameisocial security number of the deceased. _ /~ We show the following accounts} in the name of the deceased (The following shares and net asset prices are provided as of the date of death: 8 ~ p v 7 AccountJFund Number Shares Price-per-Share Registration ~$~_?AI S- ~ 1 ]+519. 3(a to SI-~aceS (~ X4.05 eo-c...1.~ =,..c~~ y~~.~o-~ _.--.. C Wc~dd ~ 11s R e_e-~ . dv~is o ~ ~ 130 ~ 1/ u ~~ C'.lass ~l Beneficiary of record (if applicable): ~ `~-~-~,.~-Q In order to transfer* (change registration) or redeem these funds, please provide: -/ Letter of instructions from the surviving own executor, eneficiary _ Certified copy of the death certificate Letters Testamentary/Appointment (current within 60 days) Inheritance Tax Waiver (Consent to Transfer) Stock Certificate for shares Copy of Trust document Other: Thank you forth ortunity to be of service. Additional questions may be _ it cted to our lent e ~ e sentatives at 800-366-5465. *New registration instructions ~ must include the social security C I CLIENT SERVICES DIVISION number and date of birth for new WADDELL & REED SERVICES COMPANY account owner(s). ® AIG Annuity Insurance Company ~ P.O. Box 871 Amarillo, Texas 79105-0871 800.424.4990 November 19, 2007 Hazen Elder Law Attention: Corinne Eggers Woodhouse 2000 Linglestown Road, Suite 202 Harrisburg, PA 17110 Re: Deceased: Ray S Swartz Contract #: AN203667 Beneficiary: Betty Swartz Dear Ms. Woodhouse: Thank you for your recent inquiry regarding the referenced annuity contract(s). It is our pleasure to be of service to you. The owner of the above mentioned qualified tax deferred annuity was Ray S Swartz. The initial deposit was $215,371.22 and the value of the contract as of August 10, 2007 was $226,096.21. We hope this information is helpful; however, should you have additional questions or require further assistance, please feel free to contact our Client Care Center by using our toll free number of 1-800-424-4990. AIG Anntritr Gesuizurce Conrpunr Member of Anu~rican b~renmtional Group. Gu. Claims Department Allianz Life Insurance Company p~Q of North America L PO Box 59060 Minneapolis, MN 55459-0060 Thank you for your business -and your trust. All of us at ANianz Life Insurance Company of North America thank you for your purchase of our MasterDex 10T"' Annuity. You have honored us by entrusting a portion of your financial future to us. We acknowledge our responsibility to you and your family or business. Rest assured, we will take very good care of your money. Allianz Life® Policy: 70485564 Prepared especially for: RAY S SWARTZ RAY S SWARTZ JOHN L BERARDUCCI 0 At Allianz Life®, our goal is to create a variety of products that can he{p you achieve your financial objectives. Allianz Life annuities can help you accumulate wealth. Our Fong term care insurance can help you hold onto what you've built up. Innovative life insurance policies help you increase and protect your wealth, and then pass it along to your loved ones. We bui{d genuine value into every product that bears the AI{ianz Life name. Along with our exceptional customer service and financial strength, these innovative products clearly define us as a financial services company for the next century. We are a financial services company that is dedicated to our corporate vision; to give every American the opportunity to live out their life with financial independence. This is why Allianz Life is the best at next. This philosophy is reflected in the policy you've purchased. For details on its benefits, please review your policy, then consult your Allianz Life insurance representative or call us at 800!950-1962. Thank you again for your confidence in Allianz Life and for the opportunity to be of service. ~` Mark Zesbaugh President and CEO Allianz L~fie The best at next:" NB2266 (612004) _ ,~~~~vv6 pyLIANZ LIFE INSL3RANCE COMPANY OF NORTH AMERICA CONTRACT SiJMMARY Policy Number: 70485564 Agent: JOHN L BERARDUCCI Prepared For: RAY S SWARTZ 880 PIKETOWN ROAD 12 PARSONAGE ST HARRISBURG PA 17112-9064 NEWVILLE PA 17241 Age: 78 $193,110.57 Initial Premium Sex: MALE Birthdate: 08,/04/1928 Policy Date: 09,/21/2006 Plan Name: MasterDex 10 Annuity (A Flexible Premium Deferred Annuity Policy with an Index Benefit) Based on an Initial Premium of $193,110.57, the values on the following page show the Current and Guaranteed Anr~uitization Values and Current and Guaranteed Cash Surrender Values prior to receiving annuity payments. The Initial Premium and any Additional Premium paid during the first five Policy Years receive a 12.00 Premium Bonus - which is credited on the same day Premium is received. The Supplemental Application will have been completed to indicate the Premium Allocation Percentages to the Index Allocations and/or Interest Allocation. Adjustments for ea~~h Index Allocation, if any, are added to the Annuitization Value at the end of the Policy Year. The Annual Index Rate determines the Adjustment for each Index Allocation. The Annual Index Rate is the sum of the Monthly Index Rates for the Policy Year or zero, whichever is greatf=_r. The Participation Rate determines the maximum percentage of the Unadjusted Index Change used to calculate the Monthly Index Rate for each Index Allocation. The Monthly Cap determines the maximum Monthly Index Rate. Annuitization or a Full Surrender cf the policy prior to the completion of a Policy Year will result in no Index Adjustments for that Policy Year. Adjustments for the Interest Allocation are added to the Annuitization Value. The allocated amount will earn interest at the current declared rate of interest and will be credited monthly. The guaranteed minimum rate of interest credited is 3.25$ for the first Policy Year and 2.Og thereafter, compounded annually. The Annuitization Value, at issue, is equal to the Initial Premium plus any applicable Premium Bonus. It is incre~ssed by any Interim Interest Account additions, any Adjustments, and any Partial Adjustments. It is decreased by any Partial Surrenders and any Systematic Withdrawal of Credit payments. Any Additional Premium paid plus any applicable Premium Bonus will be placed in the Interim Interest Account until the start of the next Policy Year. The current declared rate of interest will be calculated and credited monthly and the guaranteed minimum rate of interest credited is 3.25 for the first Policy Year and 2.0~ thereafter, compounded annually. At the end of the Policy Year, the Interim Interest Account will be allocated to each Allocation according to your Premium Allocation Percentages. The Interim Interest Account will then be set equal to zero. At any time, you may submit a request to change your Premium Allocation Percentages. When the Interim Interest Account is allocated at the end of a Policy Year, you have the option to change that allocation by sending us Notice within 21 days. If Notice is received after 21 days, it will not be effective until the next allocation. At any time, you may submit a request to change your Reallocation Percentages and/or reallocate your Annuitization Value. Reallocation will only occur at the beginning of a Policy Year and is not automatic. To be effective for the current Policy Year, you must send us Notice within 21 days following the beginning of the Policy Year. If Notice is received after 21 days, it will not be effective until the beginning of the next Policy Year. The Cash Surrender Value is the sum of 87.5$ of Premium paid plus Cash Surrender Value Interest Credits minus any withdrawals, all accumulated at the Guaranteed Interest Rate for the Cash Surrender Value of 1.50$ compounded annually. Under no circumstances will the Cash Surrender Value be less than the Guaranteed Minimum Value. The Guaranteed Minimum Value is equal to 87.50$ of Premium paid minus any withdrawals, accumulated at an int.=rest rate of 2.80$ for any Index Allocation and 3.00$ for the Interest Allocation. The Annuitization Value is the amount used to calculate annuity payments if the policy has been in deferral for at least five Policy Years and an Rnnuity Option of at least 10 continuous years is selected. If surrendered or annuitized without meeting Annuitization Value requirements,the Cash Surrender Value will be paid. This amount may be less than Premium paid (refer to the Guaranteed Cash Surrender Values below). REGISTER OF WILLS CUMBERLAND County, Pennsylvania CERTIFICATE OF GRANT OF LETTERS No . 2007- 00788 PA No . 21- 07- 0788 Estate Of: RAYS SWARTZ (First, Middle, Last! Late Of : NEWVILLE BOROUGH CUMBERLAND COUNT`/ Deceased Socz al Securi ty No : 202-20-2414 WHEREAS, on the 23rd day of August 2007 an instrument dated September 20t.h 2004 was admitted to probate as the Iasi will of RA Y S SWARTZ (FirsC Middle, Lastl Late of NEWVIC_LEBOROUGH, CUMBERLAND County, who died on the 10th day of August 2007 and, WHEREAS, a true copy of the will as probated is annexed hereto. THEREFORE, I, GLENDA EARNER STRASBAUGH Register of Wills in and for CUMBERLANL> County, in the Commonwealth of Pennsylvania, hereby certify that I~ have this day granted Letters TESTAMENTARY to: RA Y S SWARTZ l1 who has duly qualified as EXECUTOR(R/X) and has agreed to administer the estate according to law, all of which fully appears of record in my office at CUMBERLAND COUNTY COURT HOUSE, CARLISLE, PENNSYLVANIA. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seal of my office on the 23rd day of August 2007. ~~ r _ n ~, (,a,,;} ~. ~~ egtster o tl/s _ /) /4 t7 Deputy * *NOTE* * ALL NAMES ABOVE APPEAR (FIRST, MIDDLE, LAST) LAST WILL AND TESTAMENT OF RAI' S. SWARTZ I, RAY S. SWARTZ, of Newville, Cumberland County, Pennsylvania, declare this to be my will, and I revoke all previous wills and codicils that I have made. ARTICLE I Specific Gifts A. I give my tangible personal properly (together with any assignable insurance policies thereon), including any household furniture and furnishings, automobiles, books, pictures, jewelry, art objects, hobby equipment and collections, wearing apparel, and other articles of household or personal use or ornament, but excluding coins held for investment and paper currency, to my wife, BETTY S. SWARTZ("my spouse"), if my spouse survives me, or, if not, to my children who survive me, to be divided as they shall agree or, if they shall fail to agree upon a division within six months after the date of my death, in shares of substantially equal value as my executor shall determine. B. I may leave a memorandum (which is not to be a part of this will) listing some of the items described in paragraph A of this Article that I wish certain persons to have and request (but do not require) that my wishes as set forth in the memorandum be observed. C. All costs of safeguarding, insuring, packing, and storing my tangible personal property before its distribution and of delivering each item to the residence of the beneficiary of that item shall be treated as administration expenses. D. If any child of mine has not reached legal age under the law of the jurisdiction in which the child is domiciled at the time set for distribution under paragraph A of this Article or is otherwise then disabled, then the individual having personal custody of the child,.(~whether o~not court-appointed) shall represent the child in any division of the property. ~ ~, _~ _ _ _ ~;.- J - - -~ ,-. , -' ,; _. ; -, ~:? ~~; - , -~; ARTICLE II Gift of Residue Into Trust I give my residuary estate, which shall not include any property over which I have power of appointment, to the trustee appointed under the Trustee Provisions of this will, to be allocated as follows: A. If my spouse survives me, the trustee shall allocate the trust principal so received between the Marital Trust and Family Trust, in the manner provided in a subsequent Article of this instrument; or B. If my spouse does not survive me, the trustee shall allocate the entire trust principal so received to the Family Trust. ARTICLE III Marital Trust The Marital Trust shall be administered as follows: A. Commencing as of my death and during the life of my spouse, the trustee shall distribute to my spouse: 1. The entire net income of the trust; and 2. As much or all of the principal of the trust as the trustee determines from time to time to be required for the health and support of my spouse, without regard to the interest of any other beneficiary. 3. My primary concern during the life of my spouse is for the health and support of my spouse, and the trustee need not consider the interest of any other beneficiary in making distributions to my spouse for those purposes under this paragraph; B. Upon the death of my spouse, the trustee shall: 1. First, unless my spouse directs otherwise by will with specific reference to this provision, pay the estate and inheritance taxes resulting from the trust at my spouse's death, as provided later in this instrument; 2. Next, distribute to any one or more of my descendants such part or all of the balance of the trust principal as my spouse may appoint by will; and 2 3. Finally, administer the balance of the trust principal as provided in the Family Trust provisions of this instrument. ARTICLE IV Family Trust The Family Trust shall be administered as follows: A. Commencing as of my death and until the division date (defined later in this Article), the trustee shall distribute to my spouse: 1. As much of the net income and principal as the trustee determines from time to time to be required for her respective health, education, maintenance, and support; 2. The trustee shall add any undistributed net income to principal from time to time, as the trustee determines; 3. As much of the principal of the trust as my spouse from time to time may direct in writing, up to the greater of five thousand dollars or five percent of the value of the principal of the trust, determined as of the date my spouse first exercises this power of withdrawal. In each year following the year in which my spouse has completely exhausted this power of withdrawal or any further power of withdrawal hereinafter granted, my spouse shall be granted an identical power to withdraw up to the greater of five thousand dollars or five percent of the value of the trust principal pursuant to the terms of this subparagraph. This right of withdrawal shall expire on the day preceding the date of death of my spouse. 4. My primary concern during the life of my spouse is for the health and support of my spouse, and the trustee need not consider the interest of any other beneficiary in making distributions to my spouse for those purposes under this paragraph; 5. To the extent that the trustee believes it advisable, the trustee shall not distribute principal of the Family Trust to my spouse as lung as any principal remains in the Marital Trust; 6. No distribution made under this paragraph to a descendant of mine shall be charged as an advancement; and 3 7. The trustee may make unequal distributions to the beneficiaries or may at any time make a distribution to fewer than all of them, and shall have no duty to equalize those distributions. B. If my spouse survives me, then upon the death of my spouse, the trustee shall distribute to any one or more of my descendants such part or all of the trust principal then remaining (excluding any portion of the Marital Trust added thereto by reason of a disclaimer by my spouse) as my spouse may appoint by will. Upon the death of the last to die of my spouse and me, the trustee shall distribute the remaining principal of all trusts then held under this instrument which is not otherwise effectively disposed of 1N THREE (3) EQUAL SHARES to: my son, RAY S. SWARTZ, II, of Virginia Beach, Virginia, outright; my daughter, STACY S. TEMPLE, of Virginia Beach, Virginia, outright; and my son, TOWER S. SWARTZ, of Newville, Pennsylvania, in trust for his benefit, pursuant to the terms of Article V hereof. However, if a beneficiary in this paragraph does not survive me by thirty (30} days, but leaves descendants who survive me by thirty (30) days, those descendants shall receive, per stirpes, the share the beneficiary would have received had he or she survived me by thirty (30) days. ARTICLE V Trust Terms for TOWER S. SWARTZ In the event that a Trust is created for the benefit of my son, TOWER S. SWARTZ, by or as a result of any part of this Will, the terms and conditions of the Trust for the benefit of TOWER S. SWARTZ shall be as follows: A. To expend and apply so much of the net income and so much of the principal of the Trust as the Trustee shall consider advisable for the support, health, and care of TOWER S. SWARTZ for the remainder of his lifetime. B. An allowance of One Thousand Dollars ($1,000.00) shall be distributed to TOWER S. SWARTZ each month by my trustee. C. In the event of TOWER S. SWARTZ's death, the trust shall terminate, and the remaining income and principal of the trust shall be distributed to TOWER S. SWARTZ's son, COLBY T. SWARTZ, of Newville, Pennsylvania, if he has reached the age of~ thirty (30) years. In the event COLBY T. SWARTZ has not reached the age of thirty (30) years, then the remaining income and principal of the trust shall be shall be held in trust for the benefit of COLBY T. SWARTZ, and administered according to Articles VI and VII herein. D. No beneficiary or remainderman of this Trust shall have any right to alienate, encumber, or hypothecate his interest in the principal or income of the Trust in any manner, nor shall any interest be subject to claims of his creditors or liable to attachment, execution, or other processes of law. E. In order to carry out the purposes of the Trust established by this Will for the benefit of TOWER S. SWARTZ, the Trustee, in addition to all other powers granted by this Will or by law, shall have the following powers over the Trust estate for the benefit of TOWER S. SWARTZ, subject to any limitations specified elsewhere in this Will: 1. to retain in the form received and/or to sell either at public or private sale, any real estate or personal property except that which I specifically bequeath herein; 2. to manage real estate; 3. to invest and reinvest in all forms of property without being confined to legal investments, and without regard to the principal of diversification; 4. to exercise any option or right arising from the ownership of investments; 5. to compromise claims without court approval and without consent of any beneficiary; 6. to file fiduciary/income tax returns and pay the tax due for any year for which such a return is required; 7. to make distributions in cash or in kind, or in both, and to determine the value of any such property; 5 8. to employ any attorney, investment advisor, or other agent deemed necessary by my Executor; to pay from my estate reasonable compensation for all their services; 9. to conduct along with or with others, any business in which I am engaged in or have an interest in at the time of my death; and 10. to receive reasonable compensation in accordance with their standard schedule of fees in effect while their services are performed. ARTICLE VI Ultimate Disposition; Holdback Provisions A. Upon termination of a Trust at the end of its stated term under this instrument, the trustee shall distribute any trust principal not otherwise effectively disposed of by the foregoing provisions of this instrument to those persons who would have been entitled to receive my personal property under the Laws of the Commonwealth of Pennsylvania, in effect on the date hereof, and in the proportions determined under those laws, and I died intestate on the date of such termination, domiciled in the Commonwealth of Pennsylvania, leaving no living spouse or descendent. B. Despite the preceding provisions of this instrument, upon termination of any trust at the end of its stated term under this instrument, the trustee may elect to withhold any principal which is not effectively appointed and is otherwise required to be distributed to a beneficiary who has not reached the age of thirty (30) or is disabled. The trustee shall retain any principal so withheld in a separate trust named for that beneficiary, to be distributed to the beneficiary when he or she reaches the age of thirty (30) years, or if later, upon termination of the disability. Until then, the trustee shall apply as much of the net income and principal of the trust as the trustee determines from time to time to be required for the health, support, and education of that beneficiary, adding any undistributed net income to principal from time to time, as the trustee determines. If the beneficiary for. whom the trust is named dies before complete distribution of the trust, the remaining trust principal shall be distributed to that beneficiary's estate. 6 ARTICLE VII Trustee Provisions A. I appoint my wife, BETTY S. SWARTZ, my son, RAY S. SWARTZ, II, and my daughter, STAGY S. TEMPLE, as Co-Trustees of the Family Trust and Marital Trust created under this will. B. I appoint my son, RAY S. SWARTZ, II, as trustee of any testamentary trust(s) created in this will for the benefit of my son, TOWER S. SWARTZ. In the event of the renunciation, death, or inability to act, for any reason whatsoever of RAY S. SWARTZ, II, I appoint my daughter, STAGY S. TEMPLE, successor trustee of any testamentary trust(s) created in this will for the benefit of my son, TOWER S. SWARTZ. C. I appoint my son, RAY S. SWARTZ, II, as trustee of any testamentary trust(s) created in this will for the benefit of my grandson, COLBY T. SWARTZ. In the event of the renunciation, death, or inability to act, for any reason whatsoever of RAY S. SWARTZ, II, I appoint my daughter, STAGY S. TEMPLE, successor trustee of any testamentary trust(s) created in this will for the benefit of my grandson, COLBY T. SWARTZ. D. I appoint my daughter-in-law, LAUREN K. SWARTZ, as trustee of any testamentary trust(s) created in this Will for the benefit of my son, RAY S. SWARTZ, II's children under the age of thirty (30) years. In the event of the renunciation, death, or inability to act, for any reason whatsoever of LAUREN K. SWARTZ, I appoint my daughter, STAGY S. TEMPLE, successor trustee of any testamentary trust(s) created in this will for the benefit of my son, RAY S. SWARTZ, II's children under the age of thirty (30) years. E. I appoint my son-in-law, TIMOTHY C. TEMPLE, as trustee of any testamentary trust(s) created in this will for the benefit of my daughter, STAGY S. TEMPLE's children under the age of thirty (30) years. In the event of the renunciation, death, or inability to act, for any reason whatsoever of TIMOTHY C. TEMPLE, I appoint my son, RAY S. SWARTZ, II, successor trustee of any testamentary trust(s) created in this will for the benefit of my daughter, STAGY S. TEMPLE's children under the age of thirty (30) years. F. Any trustee appointed above shall have the power, without Court approval, to add or remove a successor corporate trustee or co-trustee. 7 G. The Trustee Appointer at any time may appoint any one or more Qualified Appointees as additional or successor trustees; provided, however, that no more than three trustees shall act with respect to any trust at one time. Any appointment of an additional or successor trustee hereunder shall be in writing, may be made to become effective at any time or upon any event, may be for a specified period or indefinitely, may be for limited or general purposes and responsibilities, and may be single, joint or successive, all as specified in the instrument of appointment. The Trustee Appointer may revoke any such appointment before it is accepted by the appointee. An appointment may be revoked by a subsequent Trustee Appointer unless the instrument of appointment specif es otherwise. In the event that t<vo or more instruments of appointment or revocation by the same Trustee Appointer exist and are inconsistent, the latest by date shall control. The Trustee Appointer shall act only in a fiduciary capacity in the best interests of all trust beneficiaries. For purposes of this paragraph: 1. The Trustee Appointer means my spouse, if not disabled, otherwise my son, RAY S. SWARTZ, II and/or my daughter, STACY S. TEMPLE, not disabled, otherwise the beneficiaries to whom the current trust income may or must then be distributed; and 2. A Qualified Appointee means any person (other than a descendant of mine) who has attained the age of twenty-five years, or any bank or trust company, within or outside the Commonwealth of Pennsylvania; provided, however, that only one bank or trust company shall act as a trustee of any trust at one time. H. The trustee shall render a current annual account to each income and vested principal beneficiary who so requests in writing each year. The Trustee Appointer may, without liability, approve the accounts of the trustee at any time by written instrument, with the same effect as if the accounts had been approved by a court having jurisdiction of the subject matter and of all necessary parties; except that if any person would thereby approve his or her own accounts, then the trustee's accounts can be approved only by those individuals who would be Trustee Appointer if that person were then deceased. I. Any trustee may resign at any time by giving prior written notice to the Trustee Appointer, and if a successor trustee is not appointed within a reasonable time after the trustee's resignation, the resigning trustee may deposit the trust property with the court having jurisdiction 8 over the administration of the trust. All trusts created under this instrument need not have or continue to have the same trustee. The provisions of this instrument that relate to the trustee shall be separately applicable to each trust held hereunder. While two or more trustees are acting, the following provisions shall apply where the context admits: The corporate trustee, if any, shall have custody of the trust property and of the books and records of the trustees; 2. With respect to any matter as to which two or more trustees have joint authority, a trustee, by written notice, may temporarily delegate any or all of that trustee's rights, powers, duties, and discretion as trustee to any other trustee sharing that authority, with the consent of the latter; 3. The trustees may establish bank and brokerage accounts and may authorize that checks or drafts may be drawn on, or withdrawal made from, any such account on the individual signature of any trustee; 4. Any trustee alone may perform on behalf of the trustees all acts necessary for the acquisition, sale and transfer of personal and real property, including the giving of directions and the signing and endorsing of checks and other negotiable instruments, stock and bond certificates and powers, deeds of real estate and related transfer documents, applications, tax forms and other forms or documents; and no person dealing with the trustees need inquire into the propriety of any such act if such trustee certifies in writing to that person that the trustees have approved that act; 5. A trustee shall be presumed to have approved a proposed act or decision to refrain from acting if that trustee fails to indicate approval or disapproval thereof within fifteen days after a written request for approval, and a trustee shall not be required to continue to make a proposal which has been disapproved on at least two occasions if that trustef; has informed each disapproving co-trustee that continued disapproval will be assumed until notice to the contrary has been received; and 6. The trustees may execute documents by jointly signing one document or separately signing concurrent counterpart documents. 9 J. Unless specifically provided otherwise, at any time when more than one person is designated to act in the same fiduciary capacity, the action or decision of a majority in number shall control; and a person who does not vote or does not concur in any vote shall not be liable for any act or failure to act of the others. K. If any individual entitled to act under the preceding provisions of this Article is then disabled acid such disability does not otherwise disqualify that individual from acting, the lawful guardian of that individual may sign the instrument of appointment or approval on his or her behalf. L. If any corporate trustee designated to act or at any time acting hereunder is merged with or transfers substantially all of its assets to another corporation, or is in any other manner reorganized or reincorporated, the resulting or transferee corporation shall become trustee in place of its predecessor. M. Any person designated to act in a fiduciary capacity may release or renounce any or all powers granted hereunder at any time by written instrument filed with the trust records, and, if so specified, that release or renunciation shall bind all successors acting in that fiduciary capacity. Except as otherwise provided in the preceding sentence, the incumbent trustee shall have all of the title, powers, and discretion granted to the original trustee, without court order or act of transfer. No successor trustee shall be personally liable for any act or failure to act of a predecessor trustee. ARTICLE VIII Marital and Family Trust Formulas A. If my spouse survives me, the trustee shall allocate, as of the date of my death, from the trust principal to the Marital Trust the smallest pecuniary amount necessary to produce the least federal estate tax payable by reason of my death, taking into account the federal credit for state death taxes only to the extent that state taxes paid are not thereby increased. The trustee shall allocate to the Family Trust any part of the trust principal not allocated to the Marital Trust (including any part of the Marital Trust effectively disclaimed by my spouse). B. For purposes of determining the pecuniary amount to be allocated to the Marital Trust, I direct that: 10 1. Adjustments shall not be made between income and principal or in determining the pecuniary amount to compensate for the effects of tax elections made by my executor or the trustee; 2. None of the provisions of this Article, including for example the use of the term "smallest," shall be construed as requiring any particular exercise or nonexercise of tax elections, regardless of their effect on the determination of the pecuniary amount; and 3. The pecuniary amount shall be determined assuming a federal estate tax marital deduction is allowed for property allocated to the Marital Trust, and shall be diminished if and to the extent required later in this Article. C. For purposes of funding the Marital Trust: 1. Property allocated in kind shall be valued at its fair market value on the date of its allocation; 2. The trustee shall allocate to the Marital Trust only property with respect to which the federal estate tax marital deduction would be allowable, if distributed outright to my spouse; and 3. Except to the extent other available assets are inadequate, the trustee shall not allocate property which represents the right to income in respect of a decedent under Section 691 of the Code. D. My executor may elect to have a specific portion or all of the Marital Trust (referred to as the "marital portion") treated as qualified terminable interest property for federal estate tax purposes. If an election is made as to less than all of the Marital Trust, the specific portion shall be expressed as a fraction, and the value of the marital portion at any time may be determined by multiplying the value of the Marital Trust at that time by the fraction then in effect. The trustee shall charge each discretionary distribution of principal from the Marital Trust to my spouse first against the marital portion, until exhaustion of the marital portion, by adjusting the fraction, first by restating it so that the numerator and denominator are the values of the marital portion and of the Marital Trust, respectively, immediately before the distribution, and then by subtracting the amount of the distribution from each of the numerator and denominator, except that the numerator shall not be reduced below zero. Alternatively, the trustee, as of the date of my death, may: 11 1. Divide the Marital Trust into separate trusts, representing the fractional portions for which a qualified terminable interest property election was and was not made, and administer them as separate trusts hereunder (but subject to a common set of provisions); or 2. Allocate the fractional portion for which a qualified terminable interest property election was not made to the Family Trust, to be administered as a part thereof; and such allocation shall not otherwise affect the determination of the pecuniary amount initially allocated to the Marital Trust under this Article; provided, however, that no trustee who is also a beneficiary hereunder shall participate in exercising the allocation power under this subparagraph, and if no trustee who would qualify to exercise that power is then acting, then the Trustee Appointer may appoint a Qualified Appointee who is not such a beneficiary as a special trustee, whose authority shall be limited to exercising that power. E. The trustee's payment of estate and inheritance taxes attributable to the Marital Trust at my spouse's death, if any, shall only be charged against the marital portion or the separate trust representing the marital portion. Notwithstanding any other provision of this instrument, the estate and inheritance taxes incurred by reason of my death that are attributable to the portion of the Marital Trust for which a qualified terminable interest property election was not made (the "nonmarital portion"), if any, shall be charged to the maximum extent possible against the Family Trust created under this instrument, and if that trust is insufficient for any reason, any excess shall be charged against the nonmarital portion or the separate trust representing the nonmarital portion. F. I intend that the Marital Trust shall be eligible for the federal estate tax marital deduction in my estate, and the provisions of this instrument shall be construed liberally to achieve my intent. No right, power or discretion granted to the trustee or any other person by this instrument or by law shall be exercisable, if at all, in a manner that would cause that trust not to be eligible for the federal estate tax marital deduction. ARTICLE IX GST Administrative Provisions A. Notwithstanding any other provision of this instrument: 12 If a trust created under this instrument (the "original trust") would otherwise be partially exempt from federal generation-skipping tax after the intended allocation of a GST exemption to it, then, before such intended allocation and as of the relevant valuation date under Section 2642 of the Code with respect to such allocation, the trustee may (but need not) create instead two separate trusts of equal or unequal value which shall be funded fractionally out of the available property, and which shall be identical in all other respects to the original trust, so that the allocation of GST exemption can be made to one trust which will be entirely exempt from federal generation-skipping tax. The two trusts created under this subparagraph (i) shall have the same name as the original trust except that the trust to which the GST exemption is allocated shall have the phrase "GST exempt" added to its name, and (ii) are sometimes referred to herein as "related." As used in this instrument, the "GST exemption" means the exemption from federal generation-skipping tax allowed under Section 2631 of the Code. 2. If property which is held in, or is to be added or allocated to, a trust pursuant to this instrument is subject to different treatment for any reason for purposes of the federal generation-skipping tax than other property being added or allocated to, or also held in, that trust, then the trustee may (but need not) hold such property instead as a separate trust that is appropriately designated to distinguish it from the trust to which the property otherwise would have been allocated, but that is identical in all other respects to that trust. The identical trusts resulting from application of this subparagraph are also sometimes referred to herein as "related." 3. It is my intent that the trustee shall not be required to create or administer a trust hereunder that is only partially exempt from federal generation-skipping tax, or to commingle property subject to different treatment for federal generation-skipping tax purposes whether because the transferors with respect to the property are assigned to different generations or otherwise. The provisions of this paragraph A are intended to enable the trustee to avoid such situations by empowering the trustee to segregate trust property (i) that is entirely exempt from federal generation-skipping tax from trust property that is :not exempt, or (ii} that is otherwise treated differently from other trust property for 13 purposes of the federal generation-skipping tax, and the provisions of this paragraph A should be applied in a manner consistent with this intention. B. To the extent it is consistent with the trustee's fiduciary obligations, the trustee, in making discretionary distributions of net income and principal from the related trusts referred to earlier in this Article, shall take advantage of the opportunities provided by the creation of such related trusts to avoid or delay federal generation-skipping tax when making discretionary distributions, to pursue different investment strategies for those trusts, if appropriate, and to maximize the amount of trust property that eventually may be distributed to my grandchildren or more remote descendants without transfer tax of any kind at the termination of all trusts created under this instrument. C. The trustee may at any time merge and consolidate any related trusts under this instrument and thereafter administer them as a single trust hereunder if the trustee determines that maintaining the trusts as separate entities will not serve to minimize federal generation-skipping taxes. D. No trustee who is also a beneficiary hereunder on or after the division date shall participate in exercising discretion under this Article to create separate trusts, to merge and consolidate trusts, or to allocate GST exempt and non-exempt property among trusts, and if no trustee who would qualify to exercise those discretions is then acting, then the Trustee Appointer shall appoint a Qualified Appointee who is not such a beneficiary as a special trustee, whose authority shall be limited to exercising those discretions. ARTICLE X Financial Powers A. In addition to all powers granted by law, the trustee shall have the following powers with respect to each trust held under this instrument, exercisable in the discretion of the trustee: 1. To retain for any period, without liability for loss or depreciation in value, any property transferred to the trustee, or partnership or limited liability company interests of any kind, even though the trustee could not properly purchase the property as a trust investment and though its retention might violate principals of investment diversification; 14 2. To sell at public or private sale, wholly or partly for cash or on credit, contract to sell, grant or exercise options to buy, convey, transfer, exchange, or lease (for a term within or extending beyond the term of the trust) any trust property, and to partition, dedicate, grant easements in or over, subdivide, improve, and remodel, repair, or raze improvements on any real property of the trust, and in general to deal otherwise with the trust property in such manner, for such prices, and on such terms and conditions as any individual might do as outright owner of the property; 3. To borrow money at interest rates then prevailing from any individual, bank, or other source, whether or not the lender is then acting as a trustee, and to create security interests in the trust property; 4. To invest in interest bearing deposit accounts, mutual funds, bonds, common or preferred stocks (except shares of the corporate trustee or its successors), notes, real estate mortgages, common trust funds, shares of regulated investment companies, including regulated investment companies of which the corporate trustee or its parent or affiliate acts as sponsor, manager, investment advisor, custodian, or in any other capacity, interests in limited liability companies, partnership interests of any kind, currencies, or other securities or property, including partial interests in any securities or other property, such as life estate, term or remainder interests, and to hold funds in non-interest bearing deposit accounts pending investment or disbursement thereof, in each case without being limited by any statute or rule of law governing trust investments; and any such deposit accounts may be held at any bank, including the trustee or any bank affiliated with the trustee; 5. To allocate, divide, and distribute trust property in cash or in kind, or partly in each, and to value any such property for those purposes; and to allocate different kinds or disproportionate shares of property or undivided interests in property among the beneficiaries or separate trusts, without liability for, or obligation to make compensating adjustments by reason of, disproportionate allocations of unrealized gain for federal income tax purposes; and, in funding any fractional shares created hereunder in kind, to allocate that property in entire or disproportionate shares, as the trustee determines to be in the best interests of the beneficiaries, without compensating adjustments; 15 6. To make such elections and allocations under the tax laws permitted to be made by the trustee as the trustee considers advisable (whether or not the election or allocation relates to the trust property), without regard to, or adjustments between, principal and income or the relative interests of the beneficiaries; 7. To exercise in person or by general or limited proxy all voting and other rights, powers, and privileges and to take all steps to realize all benefits with respect to stocks or other securities; and to enter into or oppose, alone or with others, voting trusts, mergers, consolidations, foreclosures, liquidations, reorganizations, or other changes in the financial structure of any business entity; 8. To cause any trust property to be held, without disclosure of any fiduciary relationship, in the name of the trustee, in the name of a nominee, or in unregistered form; 9. To pay all expenses incurred in the administration of the trust, including reasonable compensation to any trustee for actual services rendered, and to employ or appoint and pay reasonable compensation to accountants, depositaries, investment counsel, attorneys, attorneys-in-fact, and agents (in each case with or without discretionary powers); 10. To deal with the fiduciary or fiduciaries of any other trust or estate, even though a trustee is also a fiduciary of the other trust or estate; 11. To compromise or abandon any claim in favor of or against the trust; 12. To lend money to the representative of my estate or my spouse's estate, and to purchase property from the representative of either estate and retain it for any period, without liability for loss or depreciation in value, and notwithstanding any risk, lack of productivity, or lack of diversification; 13. To commingle for investment purposes the trust property with the property of any other trust held hereunder, allocating to each trust an undivided interest in the commingled property; 14. To merge at any time after the death of the last to die of my spouse and me all the trust property with the property of any other trust created by my spouse or me during life or by will, and held by the same trustee for the benefit of the same beneficiaries and upon substantially the same terms and conditions as those set forth herein, and, at the 16 trustee's discretion, either administer the merged assets a,5 a single trust hereunder or transfer the trust property to that other trust, to be administered under the instrument governing that other trust, and thereafter terminate the trust hereunder as a separate entity; 15. To receive additional property from my spouse or from any other person except a beneficiary of the trust by lifetime or testamentary transfer or otherwise, if the trustee consents in writing; 16. To refuse to accept property as a trust asset from any person or entity for any reason, and this power shall not be limited by any of the other powers of the trustee; 17. To execute instruments of any kind, including instruments containing covenants and warranties binding upon and creating a charge against the trust properly and containing provisions excluding personal liability; 18. To deal with matters involving the actual or threatened contamination of trust property (including interests in sole proprietorships, partnerships, limited liability companies or corporations and any assets owned by such business entities) by hazardous substances, or involving compliance with environmental laws, including power: (a) To inspect and monitor any such property periodically, as it deems necessary, to determine compliance with any environmental law affecting such property; (b) To respond (or take any other action necessary to prevent, abate or "clean up") as it shall deem necessary, prior to or after the initiation of enforcement action by any governmental body, to any actual or threatened violation of any environmental law affecting any of such property and to any potential contamination of trust property, whether or not required by law; (c) To refuse to accept property as a trust asset if it determines that such property is contaminated by any hazardous substance or that such property is being used or has been used for any activities directly or indirectly involving hazardous substances which could result in liability to the trust or otherwise impair the value of trust assets, to require as a prerequisite to accepting property as a trust asset that the donor warrant that such property has not been contaminated by any hazardous 17 substance and is not and has not been used for any activities directly or indirectly involving hazardous substances which could result in liability to the trust or otherwise impair the value of trust assets, and to refuse to accept such property as a trust asset until receiving from the donor an indemnification agreement in which the donor agrees to indemnify the trustee against any claims filed against the trustee as an "owner" or "operator" under the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as from time to time amended, or any regulation thereunder, or any other environmental law; (d) To settle or compromise at any time any claim against the trust related to any such matter asserted by any governmental body or private party; (e) To disclaim any power which it determines may cause it to incur personal liability as a result of such matters, whether such power is set forth in this instrument, incorporated by reference herein, or granted or implied by any statute or rule of law; (f) To decline to serve as trustee or, having undertaken to serve, resign at any time it believes there is or may be a conflict between it in its fiduciary capacity and in its individual capacity because of potential claims or liabilities which might be asserted against the trust because of the type or condition of trust assets; (g) To carry at the expense of the trust estate insurance of such kinds and in such amounts as the trustee deems advisable to protect the trust assets and the trustee against any claims filed against the trust or against the trustee personally under the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as from time to time amended, or any regulation thereunder, or any other environmental law; (h) To waive or forbear to sue on any default in the performance of any covenant or condition of or payment due under any mortgage, deed of trust, or lease or in the performance of any guarantee or to enforce any such default in such manner and to such extent as the trustee determines to be advisable; to exercise and 18 enforce and to forbear to exercise and enforce in any action, suit or proceeding at law or in equity any rights or remedies, including foreclosure, in respect of any mortgage, deed of trust, lease or guarantee held hereunder, and at any foreclosure to purchase the real property covered by any mortgage or deed of trust; and to retain any real property received on any foreclosure; and (i) To charge all expenses and costs incurred by the trustee pursuant to the authority granted under this subparagraph against income or principal as the trustee shall determine; and 19. To perform all other acts necessary for the proper management, investment, and distribution of the trust property. B. The trustee(s) hereunder shall not use the proceeds of any Individual Retirement Account(s) for the payment of estate expenses or debts. C. The powers granted in this Article may be exercised even after termination of all trusts hereunder until actual distribution of all trust principal, but not beyond the period permitted by any applicable rule of law relating to perpetuities. D. To the extent that such requirements can legally be waived, no trustee hereunder shall ever be required to give bond or security as trustee, or to qualify before, be appointed by, or account to any court, or to obtain the order or approval of any court respecting the exercise of any power or discretion granted in this instrument. E. The trustee's exercise or nonexercise of powers and discretions in good faith shall be conclusive on all persons. No person paying money or delivering property to any trustee hereunder shall be required or privileged to see to its application. The certificate of the trustee that the trustee is acting in compliance with this instrument shall fully protect all persons dealing with a trustee. F. Notwithstanding any other provision of this instrument, the trustee of the Marital Trust (i) shall make any unproductive property productive, or shall convert it into productive property, within a reasonable time following a written direction from my spouse, and (ii) shall not commingle for investment purposes the trust property with the property of any other trust held hereunder. 19 G. The compensation of a corporate trustee shall be in accordance with its published schedule of fees as in effect at the time the services are rendered. I also acknowledge that this compensation may be based on a percentage of income and/or principal, and I hereby approve that the corporate trustee's compensation be based on a standard that is partly or entirely independent from a standard of time expended. Except with respect to the Marital Trust, such compensation may be charged to principal or to income or partly to each in the discretion of the corporate trustee. H. The trustee shall not be personally liable to any beneficiary or other party interested in the trust, or to any third parties, for any claim against the trust for the diminution in value of trust property resulting from matters involving hazardous substances, including any reporting of or response to (1) the contamination of trust property by hazardous substances, or (2) violations of any environmental laws related to the trust; provided that the trustee shall not be excused from liability for its own negligence in administration of the trust property or wrongful or willful acts. I. Notwithstanding any contrary provision of this instrument, the trustee may withhold a distribution to a beneficiary from a trust hereunder until receiving from the beneficiary an indemnification agreement in which the beneficiary agrees to indemnify the trustee against any claims filed against the trustee as an "owner" or "operator" under the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as from time to time amended, or any regulation thereunder, or any other environmental law; provided further that the trustee may not take any action under this paragraph which would in any way jeopardize any federal or state marital deduction for property passing at my death. ARTICLE XI Administrative Powers and Rules The provisions of this Article shall apply to each trust held under this instrument: A. If a beneficiary eligible to receive income or principal distributions is disabled at the time of distribution, then the trustee may, without further responsibility, either (i) make those distributions to the beneficiary directly, to a lawful guardian of the beneficiary, or to a qualified individual or trust company designated by the trustee as custodian for that beneficiary under an 20 applicable Uniform Transfers to Minors Act or similar law, or (ii) expend that distributable property for the benefit of the beneficiary in such manner as the trustee considers advisable. Determinations made by the trustee under this paragraph in good faith shall be conclusive on all persons. B. Income distributions required hereunder shall be made in quarterly or monthly installments, as the trustee determines. Except as otherwise provided in this instrument, all net income accrued or undistributed at the termination of any interest shall be treated as if it had accrued or been received immediately after that termination. C. In determining whether to make discretionary distributions of net income or principal to a beneficiary, the trustee may consider such circumstances and factors as the trustee believes are relevant, including the other income and assets known to the trustee to be available to that beneficiary and the advisability of supplementing such income or assets, and the tax consequences of any such distribution. As used throughout this instrument: 1. The term "support" means support in reasonable comfort; 2. The term "education" includes, but is not .limited to, the expenses of private schooling at the elementary and secondary school level, college, graduate and professional schools, and specialized or vocational training; and 3. The term "health" shall be construed liberally to include all forms of mental or physical health care, including, but not limited to, nursing home or other extended care. D. Notwithstanding any other provision of this instrument, I hereby limit the general discretionary powers of the trustee so that (i) no trustee shall participate in any decision that would cause any portion of the trust to be includable in the estate of the trustee for federal estate tax purposes as a result of Sections 2041 and 2514 of the Code, and (ii) no trustee may use trust income or principal to discharge the legal obligation of that trustee individually to support or educate a beneficiary hereunder. E. To the fullest extent permitted by law, (i) no power of appointment shall be subject to involuntary exercise, and (ii) no interest of any beneficiary shall be subject to anticipation, to claims for alimony, maintenance, or support, to voluntary transfer without the written consent of the trustee, or to involuntary transfer in any event. 21 F. The trustee shall distribute any trust principal or net income as to which a power of appointment is exercised to the designated appointee or appointees (whether living at the time of exercise or thereafter born) upon such conditions and estates, in such manner (in trust or otherwise), with such powers, in such amounts or proportions, and at such time or times (but not beyond the period permitted by any applicable rule of law relating to perpetuities) as the holder of the power may specify in the instrument exercising the power. To be effective, the exercise of any power of appointment granted hereunder shall make specific reference to the provision creating the power. In determining whether a testamentary power of appointment has been exercised, the trustee, without liability, may rely on a will admitted to probate in any jurisdiction as the will of the holder of the power or may assume the holder left no will in the absence of actual knowledge of one within three months after the holder's death. G. The trustee(s) hereunder shall not use the proceeds of~ any Individual Retirement Account(s) for the payment of estate expenses or debts. H. If at any time after my death the trustee (other than my spouse) shall determine that the trust is no longer economical to administer consistent with my intent (in light of the value of the trust property, the number and location of beneficiaries, changes in the law, or other factors that justify its termination, taking into account the relative benefits and burdens of continuing the trust), the trustee, without further responsibility, may (but need not) distribute the remaining trust principal to the beneficiary for whom the trust is named, or, (i) in the case of the Marital Trust, to my spouse, and (ii) in the case of the Family Trust, to my spouse, if then living, or, if not, IN THREE (3) EQUAL SHARES to: my son, RAY S. SWARTZ, II, of Virginia Beach, Virginia, outright; my daughter, STACY S. TEMPLE, of Virginia Beach, Virginia, outright; and my son, TOWER S. SWARTZ, of Newville, Pennsylvania, in trust for his benefit, pursuant to the terms of Article V hereof. However, if a beneficiary in this paragraph does not survive me by thirty (30) days, but leaves descendants who survive me by thirty (30) days, those descendants shall receive, per stirpes, the share the beneficiary would have received had he or she survived me by thirty 1;30) days. 22 ARTICLE XII Payment of Taxes and Expenses A. My executor shall pay from my residuary estate all estate and inheritance taxes (including any interest and penalties) and all administration expenses, payable in any jurisdiction by reason of my death, whether or not the assets generating those taxes and expenses pass under this will. The preceding items shall be charged generally against the principal of my residuary estate, without apportionment, except that property allocated to the Marital 'T'rust hereunder shall not be used to pay the preceding items, unless all other assets constituting my residuary estate have been exhausted. I waive any right of reimbursement for, recovery of, or contribution toward the payment of those taxes, except that, to the maximum extent permitted by law, my executor shall seek reimburserrient for, recovery of, or contribution toward the payment of estate taxes attributable to property which is included in my gross estate under Section 2036, 2041 or 2044 of the Code, and which taxes are not otherwise paid or payable. Any generation-skipping tax resulting from a transfer occurring under this will shall be charged to the property constituting the transfer in the manner provided by applicable law. B. Upon the death of my spouse, unless my spouse has otherwise directed by will as provided earlier in this instrument, the trustee shall pay from the Marital Trust the amount by which the estate and inheritance taxes (including any interest and penalties) payable in any jurisdiction by reason of my spouse's death shall be increased as a result of the inclusion of any part of the Marital Trust in my spouse's gross estate for such tax purposes, and without reimbursement, recovery or contribution from any person, which amount shall be certified in writing by th.e executor of my spouse's estate. The amount so payable may be paid either directly or to that executor, as the trustee determines. ARTICLE XIII Executor Nomination and Powers I name my wife, BETTY S. SWARTZ as executrix of this will. In the event BETTY S. SWARTZ is unable or unwilling to serve, then I appoint my son, RAY S. SWARTZ, II, and my daughter, ST.ACY S. TEMPLE, as co-executors of this will with all powers of the first named executrix. 23 B. I direct that my executrix and successor co-executors should not be required to post bond or security. C. I give my executrix or successor co-executors, wherever acting: 1. All the same powers and discretion with respect to my estate during administration that are given to the trustee under the preceding provisions of this instrument (including the power to sell real or personal property at public or private sale for any purpose and to hold title to property in the name of a nominee); 2. Power to disclaim, in whole or in part, any property or interest therein which passed to me or which was created for my benefit, for any reason, including, but not limited to, a concern that such property could cause potential liability under any federal, state or local environmental law; and 3. Power to distribute to the beneficiary of a trust under this will any property or portion thereof given to the trustee of that trust if, pursuant to the terms of that trust, the property would immediately be subject to final distribution directly to the beneficiary with no discretion in the trustee to withhold it (because of age or disability), and the receipt of the beneficiary shall discharge my executor. D. The powers granted to my executrix or successor co-executors hereunder shall be in addition to all other powers granted by law and shall be exercisable in the discretion of my executor and without court order. If, under applicable state law, administration of my estate may be conducted without court supervision and approval of accounts, then my executor shall so administer my estate. No executor shall be required to furnish bond or security. E. My executrix or successor co-executors shall make such elections and allocations under the tax laws as my Executrix or successor co-executors consider advisable (whether or not the election or allocation relates to properly passing under this will), without regard to, or adjustments between, principal and income or the relative interests of the beneficiaries. Any decision to exercise tax elections or make allocations hereunder shall be made by my domiciliary executor, if any, in preference to any ancillary executor, and shall be binding and conclusive on all persons. 24 F. If any portion of my estate is distributable to a beneficiary who is then under the age of twenty-one years, my executor may distribute that beneficiary's share, without further responsibility, either directly to that beneficiary, to a qualified individual or trust company designated by my executor as custodian for that beneficiary under an applicable Uniform Transfers to Minors Act or similar law, or to the individual having personal custody of that beneficiary (whether or not court-appointed), and the receipt of the distributee shall discharge my executor. G. No executor shall be personally liable to any beneficiary or other party interested in my estate or to any third parties, for any claim against my estate for the diminution in value of estate property resulting from matters involving hazardous substances, including any reporting of or response to (i) the contamination of estate property by hazardous substances, or (ii) violations of any environmental laws related to my estate; provided that my executor shall not be excused from liability for its own negligence in administration of the estate property or wrongful or willful acts. H. To the maximum extent permitted by law, the executor may withhold a distribution to a beneficiary hereunder until receiving from the beneficiary an indemnification agreement in which the beneficiary agrees to indemnify the executor against any claims filed against the executor as an "owner" or "operator" under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as from time to time amended, or any regulation thereunder, or any other environmental law; provided further that the executor may not take any action under this paragraph which would in any way jeopardize any federal or state marital deduction for property passing at my death. I. The compensation of a corporate executor shall be in accordance with its published schedule of fees as in effect at the time the services are rendered. I also acknowledge that this compensation may be based on a percentage of income andlor principal, and I hereby approve that the corporate executor's compensation be based on a standard that is partly or entirely independent from a standard of time expended. ARTICLE XIV Interpretive Ruies For all purposes of this instrument: 25 A. If my spouse and I die under circumstances that do not permit a determination of the actual sequence of our deaths, my spouse shall be treated as having survived me. B. In determining who is a descendant of mine or of any other person: 1. Legal adoption before the adopted person reached the age of twenty-one years, but not thereafter, shall be equivalent to blood relationship; and 2. A person born out of lawful wedlock and those claiming through that person shall be deemed to be descendants of (i) the natural mother and her ancestors, and (ii) if the natwal father acknowledges paternity, the natural father and his ancestors, in each case unless a decree of adoption terminates such natural parent's parental rights. C. Whenever reference is made to the descendants, "der sti es," of a person, representation shall be calculated from the generation of that person's children, whether or not a child of that person in fact is living at the time of calculation. D. A person shall be considered "disabled" if a minor, if under legal disability, or if in any condition (whether temporary or permanent) which substantially impairs that person's ability to transact ordinary business. E. The term "trustee" and any pronoun referring to that term designate the trustee or trustees at any time acting hereunder, regardless of number. F. The term "lawful guardian" means successively in the order named, (i) the court-appointed guardian of the estate, (ii) either parent, or (iii) the individual having personal custody (whether or not court-appointed} where no guardian of the estate has been appointed. G. The term "Code" means the Internal Revenue Code of 1986, as from time to time amended. H. The term "hazardous substance(s)" means any substance defined as hazardous or toxic or otherwise regulated by any federal, state or local law(s), rule(s) or regulation(s) relating to the protection of the environment or human health ("environmental. law(s)"). I. All provisions of this instrument relating to the trusts created hereunder shall be governed by and interpreted in accordance with the laws of the Commonwealth of Pennsylvania. 26 J. The term "executor" means any court-appointed fiduciary or fiduciaries of my estate from time to time qualified and acting in any jurisdiction. K. I intend that no child born to or adopted by me before or after the date of this will shall be entitled to receive any greater portion of my estate than that portion, if any, which is provided herein. IN WITNESS WHEREOF, I, RAY S. SWARTZ, hereby set my hand to this my Last Will and Testament, on 5~~ . ~~~ yi ~-~ O ~ , 2004, at Harrisburg, Pennsylvania. ~- RA S. ARTZ In our presence, the above-named RAY S. SWARTZ signed this and declared this to be his Last Will and now at his request, in his presence, and in the presence of each other, we sign as witnesses. Na Address 2/ I, RAY S. SWARTZ, Testator, who signed the foregoing instrument, having been duly qualified according to law, acknowledge that I signed and executed this instrument as my Will, and that I signed it willingly as my free and voluntary act for the purposes therein expressed. Sworn to or affirmed and acknowledged before me by RAY S. SWARTZ, the Testator, on S~''~~C~ , 2004. Notary Pu is .SWARTZ Notarial Seal Matielie R Hazen, Notary Public City of Harrisburg, Dauphin Cuunt; My Commission Expires Sept 23, 2006 We, the undersigned witnesses who signed the foregoing instrument, being duly qualified according to law, depose and say that we were present and saw the Testator sign and execute this instrument as his Will; that he signed and executed it willingly as his free and voluntary act for the purposes therein expressed; that each of us in his sight and hearing signed the Will as witnesses, and that to the best of our knowledge, that he was at that time eighteen (18) years or more of age, of sound mind, and under no constraint or undue influence. Sworn to or affirmed and subscribed to before me and ~ ,' ~ , - , witnesses, on ~,~,~ , 2004. 1 /~ ,, Notary Publi Notarial Scat Marielle I~. Buren, Notary Public City of {-Iarrisbnrg, Dauphin Coun~: My Commission [?xpires Sept. 23, 2CN)6 28 0 U a a „- ., ~i „, O w ~; a m N ,.n ~ O „:~ ' ~ ~ ' ~ ~ ~ ~ Q ,;... -~ ~o a ~ ~ 3 ~C. '~ J ~ cam; •„ ~r~~ ® ~ C'd ~. 'O i6sa_~C! J f ~ / "t TJ ~ ~=Cx t°,,z, ~y`~ ~~ ~~~~ 0 ~ ~ ~ (,~ ~ M y d c~ _ ~ r1~ O ~' ~' o ~ ~ '~ ~ `> o d A'~'~~a ww ~'~ ~, ° ° ~, H~~~ W ~Upv v~