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Home My WebLink About04-0233 PETITION FOR GRANT OF LETTERS Estate of Emrick, Sara Miller No.c~)/- also known as Petitioner(s), who is/are 18 years of age or older, apply)les) for: , Deceased Social Security No. 163097818 (COMPLETE "A" OR "B" BELOW:) A. Probate and Grant of Letters and aver that Petitioner(s) is/are the execut Decedent, dated and codicil(s) dated ·. named in the,~a~.Will of the State relevant circumstances, e.g., renunciation, death:"Of executor, ~ . : Except as follows, Decedent did not marry, was not divorced and did not have a child born or adopted after exec~i~n of the (~ument~iSffered for probate; was not the victim of a killing and was never adjudicated incapacitated: B. Grant of Letters of Administration (c.t.a., d.b.n.c.t.a.: pendente lite, durante absentia; durante minoritate) Petitioner(s) after a proper search has/have ascertained the Decedent left no Will and was survived by the following spouse (if any) and heirs: Name Relationship Residence J. Linden Sanders, Jr. son 4255 Nantucket Dr. Mechanicsbur.q, PA 17050 (COMPLETE IN ALL CASES:) Attach additional sheets if necessa~/. Decedent was domiciled at death in Cumberland County, Pennsylvania, with his/her last family or principal residence at The Brid~es at Bent Creek, Silver Sprin~ Township (list street, number and municipality) Decedent, then 89 years of age, died December 21 , .2003 , at The Brid,qes at Bent Creek, Silver Spring Twp. Decedent at death owned property with estimated values as follows: (Location) (if domiciled in PA All personal property ......................................... $ (if not domiciled in PA Personal property in Pennsylvania .................... $, (if not domiciled in PA Personal property in County .............................. $ Value of real estate in Pennsylvania ........................................................................................ $ Total Real Estate situated as follows: none 16~000.00 16,000.00 Wherefore, Petitioner(s) respectfully request(s) the probate of the Last Will and Codicil(s) presented with this Petition and the grant of letters in the appropriate form to the undersigned: J ! - /~ r r-~Signature ~ Typed or printed name and residence f'~ ' ~- "~'~ ~ ~"~ ~ ~ J. Linden Sanders, Jr. 4255 Nantucket Dr. Mechanicsbur.(], PA 17050 Oath of Personal Representative Commonwealth of Pennsylvania County of Cumberland The Petitioner(s) above-named swear(s) and affirm(s) that the statements in the foregoing Petition are true and correct to the best of the knowledge and belief of Petitioner(s) and that, as personal representative(s) of the Decedent, Petitioner(s) will well and truly administer ~he:,e~a. te accordjQg to law. Sworn to and affirmed and subscribed ~,, ~(~.~ 73 ~ ~ before me this ~ dav of ~J~inden Sanders, Jr. DECREE OF REGISTER ~.. r~Z .';, Estate of Emrick. Sara Miller Deceased ~o. also known as !' Social Security No: 16309781~ Date of Death: ~2/21/200~ AND NOW, .~'~;~/~'~//' ../ ~,~ r~ ~*/, in con'ration ~r~the Petiti~i on the reverse side hereon, satisfactory proof having been presented before me, IT IS DEGREED that Letters I-I Testamentary ~ of Administration ((c.t.a., d.b.n.c.t.; pendente lite; durante absentia; durante minoriate) are hereby granted to J- Linden Sanders, Jr. in the above estate and that the instrument(s), if any, dated, described in the Petition be admitted to probate and filed of record as the Last Will of Decedent. FEES Letters .................................... $ Short Certificates(s) ............... $ Renunciation .......................... $ Extra Pages ( ) ...............$ I.T.R ....................................... $ .. JCP Fee ................................. $ Inventory ................................ $ Other ...................................... $ TOTAL ............................. $ Attorney: Turner, James H. I.D. No: 29928 Signature Address: 4415 N. Front St. Harrisbur,q PA 17110 Telephone: 232-4551 DATE FILED: 03/09/2004 his is to certify that the information here given is correctly copied from an original certificate of death duly filed with me as Local Registrar. The original certificate will be forwarded to the State Vital Records Office for permanent filing. WARNING: It is illegal to duplicate this copy by photostat or photograph. Fee for this certificate, $2.00 989580::1. No. ' - ~ocal ~.egist~ar o3 Date H105A43 Rev 2/87 PERMANENT BCACK INK C: COMMONWEALTH OF PENNSYLVANIA · DEPARTMENT OF HEALTH * VITAL RECORDS CERTIFICATE OF DEATH ',. Sara Miller Emrlck [,.Female ,.163 -- 09 -- 7818 J,.December 21, 2003 }- I I } I'- P'. I~. I '". l'~. I--. ' I,. ' ' l,o. "':' ~' ,,.. Accountant ,,,. Communications2. ~[~ ~ '' .... :~'2) 14,5., 2 Widowed , N/A *CTU~ ,7..~.,. Pennsylvania ~ ,,~.~v..~,. Silver ~ring 4255 Nantucket. Drive~RESI~E ,,Mechanicsburg,. PA 17050 ~*, ,~.c~.~ C~berland ~? ,,,.~ .~,~~'~ ~ ,,. Jmnes Randolph Page Miller I"°T"~R's"~"~"~l~'"~"~ Fannie Fredericka Schmidt m. J. Linden Sanders, Jr. [~4255 Nantucket Drive, Mechanicsburg, PA 17050 ~'~ ~ ~ December 22, 20031 Con-O-Lite Crematory ,,, Schaefferstown, PA 17088 LICENSE NUMBER R. FD-OlgO68L Trefz & Bowser Funeral Home V. Yeaq REGISTRAR'S SIGNATURE AND NUMBER CERTIFICATION OF NOTICE UNDER RULE 5.6(a~ Name of Decedent: Date of Death: Will No.: Sara Miller Emrick December 21, 2003 2004-233 TO THE REGISTER: I certify that notice of beneficial interest required by Rule 5.6(a) of the Orphans' Court Rules was served on or mailed to the following beneficiaries of the above captioned estate on April 6, 2004: Name Address J. Linden Sanders, Jr. 4255 Nantucket Drive Mechanicsburg, PA 17050 Notice has now been given to all persons entitled thereto under Rule 5.6(a). Date: 04/06/04 J~n~l~. Turner, Esqmre _~ff'. m_e_r_and O'Connell 2[415 North Front Street Harrisburg, PA 17110 (717) 232-4551 Counsel for personal representative COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF REVENUE BUREAU OF INDIVIDUAL TAXES DEPT. 280601 HARRISBURG, PA 17128-0601 RECEIVED FROM: PENNSYLVANIA INHERITANCE AND ESTATE TAX OFFICIAL RECEIPT REV-1162 EX(11-96} NO. CD 004422 TURNER JAMES H ESQ 4415 NORTH FRONT STREET HARRISBURG, PA 17110 ESTATE INFORMATION: SSN: 163-09-7818 FILE NUMBER: 2104-0233 DECEDENT NAME: EMRICK SARA MILLER DATE OF PAYMENT: 09/24/2004 POSTMARK DATE: 09/21/2004 COUNTY: CUMBERLAND DATE OF DEATH: 12/21/2003 ACN ASSESSMENT CONTROL NUMBER AMOUNT 101 $27,858.00 TOTAL AMOUNT PAID: $27,858.00 REMARKS: SEAL CHECK//1121160 INITIALS: JA RECEIVED BY: GLENDA FARNER STRASBAUGH REGISTER OF WILLS REGISTER OF WILLS 0001 OF 000! .?( ~% :, Regi':'t~. ' '04 SEP 24 /~11:52 Account Number 70074C94 Account Name SARA EMRICK TRUST Description SS~163-09-7818 RE:SARA EMRICK EST REGISTER OF WILLS FOR ESTATE OF PA RE:SARA EMRICK EST FSON Date 09/20/2004 PLEASE DETACH BEFORE DEPOSITING CHECK J. Thomas Cooley Ce~.fied Pub//e Accountant 610 Southeast 17th Street Ocala, Florida 34471 7004 0750 0002 8161 5569 ~'~ · 0000 Register of Wills Courthouse 1 Courthouse Sq. carlisle, PA 17013-3387 September 28, 2004 J. Thomas Cooley 610 Southeast 17th Street Ocala Florida 34471 Dear SidMadam: COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF REVENUE BUREAU OF INDIVIDUAL TAXES PO BOX 280601 HARRISBURG, PA 17128-0601 Telephone (717) 787-3930 FAX (717) 772-0412 Re: Estate of sara: M, Emr~ File Number 2104-0233" This is in response to your request for an extension of time to file the Inheritance Tax Return for the above estate. In accordance with Section 2136 (d) of the Inheritance and Estate Tax Act of 1995, the time for filing the return is extended for an additional period of six months. This extension will avoid the imposition of a penalty for failure to make a timely return. However, it does not prevent interest from accruing on any tax remaining unpaid after the delinquent date. The return must be filed with the Register of Wills on or before 03~27~05. Because Section 2136 (d) of the 1995 Act allows for only one extra period of six (6) months, no additional extension(s) will be granted that would exceed the maximum time permitted. ~ncere~y~i' ... ...... Document Processing Unit Inheritance Tax Division ., ~'Y'0S\ ~">~ ~IS .. . 1\\\ ~" 0000 \70\3 r",) (..':' COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF REVENUE BUREAU OF INDIVIDUAL TAXES DEPT. 280601 HARRISBURG, PA 17128.0601 REV-1162 EX(11-96) RECEIVED FROM: PENNSYLVANIA INHERITANCE AND ESTATE TAX OFFICIAL RECEIPT SANDERS J LINDEN JR 4255 NANTUCKET DRIVE MECHANICSBURG, PA 17050 -------- told ESTATE INFORMATION: SSN: 163-09-7818 FILE NUMBER: 2104-0233 DECEDENT NAME: EMRICK SARA MILLER DATE OF PAYMENT: 03/23/2005 POSTMARK DATE: 03/21/2005 COUNTY: CUMBERLAND DATE OF DEATH: 12/21/2003 NO. CD 005108 ACN ASSESSMENT CONTROL NUMBER AMOUNT 101 I $387.00 I I I I I I I I TOTAL AMOUNT PAID: REMARKS: CHECK# 1166875 SEAL INITIALS: JA RECEIVED BY: REGISTER OF WILLS $387.00 GLENDA FARNER STRASBAUGH REGISTER OF WILLS Glenda Farner Strasbaugh Register of Wills and Clerk of Orphans' Court Marjorie A. Wevodau First Deputy Kirk S. Sohonage, Esq Solicitor Register of Wills and Clerk of the Orphans' Court County of Cumberland One Courthouse Square Carlisle, PA 17013 (717) 240-6345 FAX (717)240-7797 INVOICE Bill To: InvoiceNo: Invoice Date: Estate of: Estate No: 265 3/23/2005 SARA M EMRICK 21-2004-0233 J. LINDEN SANDERS 31 CREEK BANK DRIVE JA MEQ-IANICSBURG, PA 17050 15.00 185.00 Total $15.00 $185.00 Qty 1 1 Fee Description INHERITANCE TAX Additional Probate Fee Total: $200.00 Checks should be made payable to the Register of Wills. Terms: Net 30. Please return one copy of this invoice with your payment. Thank you. R(\1.1"lOO~X\~1 -l::x c.. ,;2_.35 CC) -Pd So. ()U t+J Fl P. I::> dl/<?5 00 ~1*~<oS REV-1500 OFFICIAL USE ONLY W I- ::!l:~(/) U"" w"U J:oo u"... ..", .. .q COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF REVENUE DEPT. 280601 HARRISBURG, PA 17128-0601 FilE NUMBER ..6..1-- J2 ~ COUNTY CODE YEAR INHERITANCE TAX RETURN RESIDENT DECEDENT J2. ...2- ----.J ..3 _ NUMBER I- Z W o w U w o DECEDENTS NAME (LAST. FIRST. AND MIDDLE INITIAL) 0Qr (1, 2ro ":,ck. DATE OF DEATH (MM-DD-YEAR) DATE OF BIRTH (MM-D[)'YEAR) p...-/,;;...,! OJ b .:l.S II'+- IIF APPLICABLE) SURVIVING SPOUSE'S NAME (LAST, FIRST, AND MIDDLE INITIAL) SOCIAL SECURITY NUMBER 1103 - 09 18 THIS RETURN MUST BE FILED IN DUPLICATE WITH THE REGISTER OF WILLS SOCIAL SECURITY NUMBER o ,. Original Return o 4. Limited Estate o 6. Decedent Died Testate I....O'_o.W~) o 9. Litigation Proceeds Received o 2. Supplemental Retum o 4a. Future Interest Compromise lda~ ~ de.~ .fter 12.'2-82) o 7. Decedent Maintained a Living Trust 1....0. .,., of Trostl o 10. Spousal Poverty Credit Ida" of de~_'2-;1-91 and 1-1-") o 3, Remainder Retum {dale of death prior to 12.13-62) o 5. Federal Estate Tax Retum Required 8. Total Number of Safe Deposit Boxes o 11. Elec\ion to tax under Sec. 9113(A)JAllao. Soh 01 ... z w o z o .. (I) w " " o U COMPLETE MAILING ADDRESS .() ('Q SE n7-k o c...Q lQ, f=L NAME .J 0 FIRM NAME (IfAppl"..) J it.. Om'';' TELEPHONE NUMBER J 5).., - b .l.~- .sf-rr ~t 3~'+"" I (1) (2) (3) (4) (5) OFFICIAL USEl:')NCi'-"--, z o ~ ..J ::) l- e: <( u W 0:: 1. Real Estate (Schedule A) 2. Stocks and Bonds (Schedule B) 3. Closely Held Corporation, Partnership or SoIe.Proprietorship 4. Mortgages & Notes Receivable (Schedule D) 5. Cash, Bank Deposits & Miscellaneous Personal Property (Schedule E) 6. Jointly Owned Property (Schedule F) o Separate Billing Requested 7. Inter-VIVos Transfers & MisceUaneous Non.Probate Property (Schedule G or L) 8. Total Gross Assets (total Lines 1.7) 9. Funeral Expenses & Administrative Costs (Schedule H) 10. Debts of Decedent. Mortgage Liabilities, & Liens (Schedule I) 11. Total Deductions (total Lines 9 & 10) 12. Net Value 01 Estate (Line 8 minus Line 11) 13. Charitable and Governmental BequestslSec 9113 Trusts lor which an election to tax has not been made (Schedule J) (11) (12) (13) It() J.. 'II b /9Lf(,7/9 /31'i061 " ~ -, b ~-~ 1/1 11-4- {:~. 'j (6) (7) ( q~RS-1/ (9) (10) (8) 872./9 lS'""b17 :2 04 q fa 3 S- 14. Net Value Subject to Tax (Line 12 minus Line 13) (14) SEE INSTRUCTIONS ON REVERSE SIDE FOR APPLICABLE RATES z o ~ I-' ::) Q. :e o u ~ 15. Amount of Line 14 taxable atlhe spousal tax rate, or transfers under Sec. 9116 (a)(1.2) x .0_ (15) x .0':f:S:. (16) J.Jf, &- Lf- S- 16. Amount of Line 14 taxable at lineal rate 17. Amount of Line 14 taxable at sibling rate x .12 (17) 18. Amount of Line 14laxable at collateral rale x .15 (18) 19. Tax Due (19) :z ~, ').4S- . 20.0 CHECK HERE IF YOU ARE REQUESTING A REFUND OF AN OVERPAYMENT -J- Decedent's Complete Address: I 'mm..~~ , ,~ ;~, l:~~~ 0.:0 E:.siak D ri If{> () f' So rc: 1'1.. cm r I 'J:.. I STIITp.4 I ZIP 17 05'0 Tax Payments and Credits: 1. Tax Due (Page 1 Line 19) 2. CreditS/Payments A. Spousal Poverty Credit B. Prior Payments C. Discount (1) 2. 7, !J7c::-R Total Credits ( A + B + C ) (2) 3. InteresVPenalty if applicable D. interest E. Penalty TotallnteresVPenalty ( D + E ) (3) 4. If Line 2 is greater than Line 1 + Line 3, enter the difference. This is the OVERPAYMENT. Check box on Page 1 line 20 to request a refund (4) 5. If Line 1 + Line 3 is greater than Line 2, enter the difference. This is the TAX DUE. (5) :2.3 :;2.4 S- ::2.7 9s-g 38, A. Enter the interest on the tax due. (SA) B. Enter the total of Line 5 + SA. This is the BAlANCE DUE. (5B) Make Check Payable to: REGISTER OF WILLS, AGENT ::J8r PLEASE ANSWER THE FOllOWING QUESTIONS BY PLACING AN "X" IN THE APPROPRIATE BLOCKS 1. Did decedent make a transfer and: Yes a. retain the use or income of the property transferred;.......................................................................................... 0 b. retain the right to designate who shall use the property transferred or its income; ............................................ 0 c. retain a reversionary interest: or.......................................................................................................................... 0 d. receive the promise for life of either payments, benefrts or care? ...................................................................... 0 2. If death occurred after December 12, 1982, did decedent transfer property within one year of death without receiving adequate consideration? ............... ... ....... .... ..... ..... ....... .... ..... ...... ............. ........ ...... .... ..... ....... ...... 0 3. Did decedent own an "in trust for" or payable upon death bartk account or security at his or her death? .............. 0 4. Did decedent own an Individual Retirement Account, annuity, or other non-probate property which contains a beneficiary designation? ........................................................................................................................ 0 No ~ ~ ~ Q(t ~ ~ IRt IF THE ANSWER TO ANY OF THE ABOVE QUESTIONS IS YES, YOU MUST COMPLETE SCHEDULE G AND FILE IT AS PART OF THE RETURN. ..s~ I3Q,.,1.( Drt'v-e. REPRESENTATIVE (,0" II Ii-- Sfr(t t .J 'P-t -r I PA nosa o c.c1 q . FL ot6" For dates of death on or after July 1, 1994 and before January 1, 1995, the tax rate imposed on the net value of transfers to or for the use of the surviving spouse is 3% [72 PS. ~9116 (a) (1.1) (i)J. 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 0% [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: The tax rate imposed on the net value of transfers from a deceased child twenty-one years of age or younger at death to or for the use of a natural parent, an adoptive parent, or a stepparent of the child is 0% [72 P.S. ~9116(al(1.2)]. The tax rate imposed on the net value of transfers to or for the use of the decedenfs lineal beneficiaries is 4.5%, 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 decedenfs siblings is 12% [72 P.S. ~9116(a)(1.3)]. A sibling is defined, under Section 9102, as an individuai who has at least one parent in common with the decedent, whether by blood or adoption. REV~1508 EX. (6~98) .. COMMONWEALTH OF PENNSYLVANIA INHERITANCE TAX RETURN RESIDENT DECEDENT SCHEDULE E CASH, BANK DEPOSITS, & MISC. PERSONAL PROPERTY ESTATE OF SARA M. EMRICK FILE NUMBER Include the proceeds of I~igation and the date the proceeds were received by the estate. All property jolntly-owned with right of survivorship must be disclosed on Schedule F. ITEM VALUE AT DATE NUMBER DESCRIPTION OF DEATH BANK OF AMERICA SAVINGS #001151721618 81,057.00 2 BANK OF AMERICA CHECKING #0011 52176832 65.00 3 INCOME TAX REFUND RECEIVABLE 16,852.00 4 MISCELLANEOUS HOUSEHOLD EFFECTS 12,950.00 5 MEDICARE REFUND 200.00 TOTAL (Also enter on line 5, Recapitulation) $ (If more space is needed, insert add~ional sheets of the same size) 111,124.00 REV~1510 EX. (6~98. COMMONWEALTH OF PENNSYLVANIA INHERITANCE TAX RETURN RESIDENT DECEDENT SCHEDULE G INTER-VIVOS TRANSFERS & MISC. NON-PROBATE PROPERTY ESTATE OF FILE NUMBER SARA M. EMRICK :L1 04 - 0 L 3 "3 This schedule must be completed and filed if the answer to any of questions 1 through 4 on the reverse side of the REV- 1500 COVER SHEET is yes. ITEM NUMBER ,. DESCRIPTION OF PROPERTY INCLUDE THE NAME OF THE TRAASfEREE, THEIR RBJ.T\OMSH\P TO oecEDBil AKD THE DATE OF TRANSFER. ATTACH A COPY Of THE DEED FOR REAl ESTATE. SARA EMRICK TRUST - SEE ATTACHED VALUATION 2 PAUL EMRICK MARITAL TRUST - SEE ATTACHED VALUATION 3 PAUL EMRICK CHARITABLE REMAINDER UNITRUST - SEE ATTACHED VALUATION 501,915.00 EXCLUSION (IF APPLICABlEl TAXABLE VALUE 100 619,450.00 100 817,146.00 100 501,915.00 100 100 100 TOTAL (Also enter on line 7 Recapitulation) $ (If more space is needed, insert additional sheelS of the same size) 1,938,511.00 REV.1511 EX. 112'99)* COMMONWEALTH OF PENNSYLVANIA INHERITANCE TAX RETURN RESIDENT DECEDENT SCHEDULE H FUNERAL EXPENSES & ADMINISTRATIVE COSTS ESTATE OF ..$ A.-n A )S'M/D 7'7 41 ~ 11. Co.' V,...~ FILE NUMBER ,21 01-0;L3 3 Debts of decedent must be reported on Schedule L iTEM NUMBER A. DESCRIPTION FUNERAL EXPENSES: FUNERAL HOME AND FLOWERS 1. B ADMINISTRATIVE COSTS: ,. Personal Representative's Commissions Name of Personal Representative(s) J. LINDEN SANDERS Social Security Number(s)/EIN Number of Personal Representative(s) 159-34-9955 Street Address 31 CREEK BANK DRIVE City MECHANICSBURG Year(s) Commission Paid: 2005 State P A Zip 17050 2. Attorney Fees 3. Family Exemption', (If decedent's address is not the same as claimant's, attach explanation) Claimant Street Address City State Zip Relationship of Claimant to Decedent 4. Probate Fees 5, Accountant's Fees 6. Tax Return Preparer's Fees 7. TOTAL (Also enter on line 9, Recapitulation) $ (If more space is needed, insert additional sheets of the same size) AMOUNT 2,258.00 80,000.00 211.00 4,750.00 87,21900 REV-1512 EX+ (12-03) . COMMONWEALTH OF PENNSYLVANIA INHERITANCE TAX RETURN RESIOENT DECEDENT SCHEDULE I DEBTS OF DECEDENT, MORTGAGE LIABILITIES, & LIENS ESTATE OF SARA M EMRICK Report debts incurred by the decedent prior to death which remained unpaid as of the date of death, including unrelmbursed medical expenses. ITEM VALUE AT DATE NUMBER DESCRIPTION OF DEATH FILE NUMBER 21-oLf -0.:2-3,) 1. LEHIGH VALLEY PHYSICAL THERAPY 261,00 2 SUSQUEHANNA INTERNAL MEDICINE 20,00 3 QUANTUM IMAGING AND TEHRAPUTIC ACCRUED TRUST FEES MERRILL LYNCH TRUST COMPANY TRUST SETTLEMENT FEE MERRILL LYNCH TRUST COMPANY 6.00 4 562.00 5 14,848.00 TOTAL (Also enter on line 10, Recapitulation) $ (If more space is needed. insert additional sheets of the same size) 15,697,00 REV.151S EX+ (9-00) '* COMMONWEALTH OF PENNSYLVANIA INHERITANCE TAX RETURN RESIDENT DECEDENT SCHEDULE J BENEFICIARIES ESTATE OF SA 1"\ _ E 11 fJ.-t:.-cJc NUMBER [ NAME AND ADDRESS OF PERSON(S) RECEIVING PROPERTY TAXABLE DISTRIBUTIONS [include outright spousal distributions, and lransfe.. under Sec. 9116 (a) (1.2)1 J. LINDEN SANDERS 31 CREEK BANK DRIVE MECHANICSBURG, PA II 2 RELATIONSHIP TO DECEDENT Do Not List Trustee(s) SON DEBORAH SANDERS 114 E. MINER STREET WEST CHESTER, PA , GRANDDAUGHTER II 3 PETER SANDERS 33 DEER LANE CARLISLE, PA 17013 GRANDSON FILE NUMBER 21 0, -O~ "3J AMOUNT OR SHARE OF ESTATE 209,506.00 209,506.00 209,505.00 ENTER DOLLAR AMOUNTS FOR DISTRIBUTIONS SHOWN ABOVE ON LINES 15 THROUGH 18, AS APPROPRIATE, ON REV.1500 COVER SHEET II NON. TAXABLE DISTRIBUTIONS: A. SPOUSAL DISTRIBUTIONS UNDER SECTION 9113 FOR WHICH AN ELECTION TO TAX IS NOT BEING MADE B. CHARITABLE AND GOVERNMENTAL DISTRIBUTIONS PAUL EMRICK CHARITABLE REAMAINDER UNITRUST 2 PAUL EMRICK MARITAL TRUST TOTAL OF PART 11- ENTER TOTAl NON-TAXABLE DISTRIBUTIONS ON LINE 13 OF REV-1500 COVER SHEET $ (II more space is needed, insert additional sheets of the same size) 501,915.00 817,146.00 1,319,061.00 Form 706 United States Estate (and Generation-Skipping Transfer) Tax Return Estate 01 a citizen or resident 01 the United States (see separate instructions). To be Iiled lor decedents dying alter December 31, 2002, and belore January 1, 2004. For Paperwork Reauction Act Notice, see the separate instructions. 1 b Decedent's last name IpIov August 2003) Department of the Tre~sury Internal Revenue ServIce OMS. No. 1545.0015 EMRICK 2 Decedenfo SSN 163-09-7818 5 Date of death 1 a Decedent's first name and middle initial (and maiden name, if any) 3b Year domicile estd 4 Date of birth D ~ SARA M. ~ 3a Legal residence (domicile) at time of death (county, state, and Z\P, or 10reign country) ~ PENNSYLVANIA p T 6a Name of executor (see the instructions) ~ ~ J. LINDEN SANDERS T 0 6c Executor's social security number (see instructions) 2001 6/25/1914 12/21/2003 6 b Execute:r's address (number. and street including apartment or suite no. or rural route; City, town, or post office; state; and ZIP code) 31 CREEK BANK DRIVE MECHANICSBURG, PA 17050 1 E 159-34-9955 X E 7 a Name and locaflon of court where will was probated or estate administered C u Re T ~ 8 10 1 2 3 4 5 6 7 p 8 A R 9 T 2 10 T A 11 X c 12 0 13 M p u T A T 14 I 15 0 N 16 17 18 19 20 21 22 23 24 25 ister of Wills & Clerk of Or hans Court, Carlisle, PA If decedent died testate, check here.. ~ X and attach a certilied copy 01 the will. if Scheduie R.l IS attached, check here.. ~ Total gross estate less exclusion (from Part 5, Recapitulation, page 3, item 12).. Total allowable deductions (from Part 5, Recapituiation, page 3, item 23). . Taxabie estate (subtract line 21rom iine 1). Adjusted taxabie gifts (total taxable gifts (within the meaning of section 2503) made by the decedent alter December 31, 1976, other than gifts that are includibie in decedent's gross estate (Section 2001 (b))). Add iines 3 and 4 . . Tentative tax on the amount on line 5 lrom Table A in the instructions. . Totai gift tax payabie with respect to gifts made by the decedent after December 31, 1976. Include gift taxes by the decedent's spouse for such spouse's share of spiit gifts (section 2513) oniy il the decedent was the donor of these gilts and they are Inciudlbie In the decedent's gross estate (see instructions). Gross estate tax (subtract line 7 from line 6) . Maximum unilied credit (appllcabie credit amount) against estate tax. 7 b Case number 9 If Form 4768 is attached, check here ~ X 2004-00233 1 2,049,635. 2 1,421,977. 3 627,658. 4 531,505. 5 1,159,163. 6 411,057. 7 O. 8 411,057. O. 57,704. 57,704. 24 57,492. 25 212. 345,800. 65,257. 7,553. 57 704. Under penalties of perjury, I declare that I have examined ~is return, incl':lding accompanying schedules. and statements, and to the best of my knowledge and belie1, it is true, correct, and complete. Declaration of preparer other than the executor IS based on all Information 01 which preparer has any knowledge. 9 345,800. Adjustment to unllied credit (applicable credit amount) (This adjustment may not exceed $6,000. See instructions.) . . . . . . . 10 Allowable unilied credit (appiicable credit amount) (subtract line 10 from line 9). . Subtract iine 11 lrom line 8 (but do not enter iess than zero).. Credit for state death taxes (cannot exceed line 12). Attach credit evidence (see instructions). Figure the credit by uSing the amount on line 3 iess $60,000. See Tabie B in the instructions. Enter the amount here lrom Table B. ~ _ _ _ _ _ J.?L1Jl~ '-x .50. Subtract line 13 from line 12.. Credit for Federai gift taxes on pre-1977 gifts (section 2012) (attach computation). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. .' Credit lor lorelgn death taxes (from Scheduie(s) P). (Attach Form(s) 706.CE.). . . Credit lor tax on prior translers (from Schedule Q). . Totai (add iines 15, 16, and 17).. Net estate tax (subtract line 18 lrom line 14) . Generation-skipping transler taxes (lrom Scheduie R, Part 2, line 10). . T otai transfer taxes (add lines 19 and 20). . . Prior payments. Explain in an attached statement. . United States Treasury bonds redeemed in payment of estate tax. Total (add lines 22 and 23) . . Baiance due (or overpayment) (subtract ilne 241rom iine 21). . 15 16 17 57,492. Signature(s) of executor(s) 1- )~ ~ . THOMAS COOLEY J. Thomas Cooley, PA 610 SE 17th Street Ocala, FL 34471 Address (and ZIP code) BAA Signature of preparer other than executor FDRA0201l 07123103 Date 3-/~ -OJ Date Form 706 (Rev 8-2003) Estate of: SARA M. EMRICK Part 3 - Elections by the Executor 163-09-7818 Please check the 'Yes' or 'No' box for each Question. (See instructions.) Yes No 1 Do vou elect alternate valuation? ................ 1 X 2 Do you elect special use valuation? . 2 X If 'Yes,' you must complete and attach Schedule A-l. 4i4t. ~@$~ 3 Do you elect to pay the taxes in Installments as described In section 6166? . 3 X If 'Yes,' you must attach the additional information described in the instructions. [i'tL f~'W 4 Do you elect to postpone the part of the taxes attributable to a reversionary or remainder interest as described in section 6163? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 X (Note: Please attach the necessary supplemental documents. You must attach the death certificate.) (See instructIons.) Authorization to receive confidential tax information under Regulations section 601.504(b)(2)(i); to act as the estate's representative before the IRS; and to make written or oral presentations on behalf of the estate If return prepared by an attorney, accountant, or enrolled agent for the executor: Name of representative (print or type) State Address (number, street, and room or suite number, city, state, and ZIP code) Part 4 - General Information 610 SE 17th Street J. THOMAS COOLEY FL Ocala, FL 34471 I declare that I am the attorney! X certified publiC accountant! enrolled agent (you must check the applicable box) for the executor and prepared this return for the executor. I am not under suspension or disbarment from practice before the Internal Revenue Service and am qualified to practice In the state shown above. Signature CAF number Date Telephone number 6505-36531R (352) 622-9890 1 Death certificate number and issuing authority (attach a copy of the death certificate to this return). 3428440 Commonwealth of Penns lvania 2 Decedent's business or occupation. If retired, check here ~ X and state decedent's former business or occupation. Accountant 3 Mantal status of the decedent at time of death: D Married ~ Widow or widower - Name, SSN, and date of death of deceased spouse ~ Paul Emri ck 190-09-::'698 6/08/2000 Single - Legally separated - Divorced - Date divorce decree became final ~ 4 a Surviving spouse's name I 4b Social security number I 4c Amount received (see instrs) None 5 IndiViduals (other than the surviving spouse), trusts, or other estates who receive benefits from the estate (do not include charitable beneficiaries shown in Schedule 0) (see Instructions). For Pnvacy Act Notice (applicable to indiVidual beneficiaries only), see the Instructions for Form 1040. Name of indiVidual, trust, or estate receivinq $5,000 or more Identifyinq number Relationship to decedent Amount (see instructions) J. LINDEN SANDERS 159-34-9955 SON 209,506. DEBORAH SANDERS 221-40-1075 GRANDDAUGHTER 209,506. PETER SANDERS 209-66-2377 GRANDSON 209,505. All unascertainable beneficiaries and those who receive less than $5,000. ........... ~ Total. o . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . , . . . . . 628,517. Please check the 'Yes' or 'No' box for each question. Yes No 6 Does the gross estate contain any section 2044 property (qualified terminable interest property (QTIP) from a prior gilt or estate) (see the instructions)? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . X BAA (continued on next page) FDRA0202L 07123/03 Page 2 Form 706 (Rev 8-2003) SARA M. EMRICK Part 4 - General Information (continued) 163-09-7818 7 b Period(s) covered 7 c Internal Revenue office(s) where filed Please check the 'Yes 'or 'No'boxforeach uestion. 7 aHave Federal gift tax returns ever been filed? If 'Yes,' please attach copies of the returns, if available, and furnish the fotlowing information: x X 9 Old the decedent at the time of death own any property as a joint tenant with right of survivorship In which (a) one or more of the other JOint tenants was someone other than the decedent's spouse, and (b) less than the full value of the property IS Included on the return as part of the ross estate? If 'Yes,' you must complete and attach Schedule E. . . . . . . . . . . . . . . . . . . . . . 10 Old the decedent, at the time of death , own any interest in a partnership or unincorporated business or any stock in an Inactive or close I held corporation? . 11 Old the decedent make a?, transfer descnbed in section 2035, 2036, 2037, or 2038 (see the instructions for Schedule G in the separate instructions). If 'Yes,' ou must complete and attach Schedule G.. ... .. . .. .. .. . .. ..... .. ... .. .. ... ...... 12 Were there In existence at the time of the decedent's death: a Any trusts created by the decedent during his or her lifetime? . b An trusts not created by the decedent under which the decedent possessed any power, beneficial interest, or trusteeship? . 13 Did the decedent ever possess, exercise, or release any general power of appointment? If 'Yes,' you must complete and attach Schedule H. 14 Was the marital deduction computed under the transitional rule of Public Law 97-34, section 403(e) (3) (Economic Recovery Tax Act of 1981?). If 'Yes,' attach a separate computation of the marital deduction, enter the amount on item 20 of the Recapitulation, and note on item 20 'computation attached.' 15 Was the decedent, Immediately before death, receiving an annuity described in the 'General' paragraph of the instructions for Schedule I? If 'Yes,' you must complete and attach Schedule I . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 Was the decedent ever the beneficiary of a trust for which a deduction was claimed by the estate of a pre-deceased spouse under section 2056(b)(7) and which IS not reported on this return? If 'Yes,' attach an explanation. . . . . . . . . .. .............. X X X X X X X X Part 5 - Recapitulation Item Gross estate Alternate value Value at date of death number 1 Schedule A - Real Estate. 1 O. 2 Schedule B - Stocks and Bonds. 2 O. 3 Schedule C - Mortgages, Notes, and Cash. . 3 81,122. 4 Schedule 0 - Insurance on the Decedent's Life (attach Form(s) 712).. 4 O. 5 Schedule E - Jointly Owned Property (attach Form(s) 712 for life insurance).. 5 O. 6 Schedule F - other Miscellaneous Property (attach Form(s) 712 for life insurance). . 6 30,002. 7 Schedule G - Transfers During Decedent's Life (attach Form(s) 712 for life insurance). 7 1,938,511. 8 Schedule H - Powers of Appointment. 8 O. 9 Schedule I - Annuities. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 O. 10 Total qross estate (add Items 1 through 9). . 10 2,049,635. 11 Schedule U - Qualified Conservation Easement Exclusion. 11 O. 12 Total gross estate less exclusion (subtract item 11 from item 10). Enter here and on line 1 of Part 2 - Tax Computation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 2,049,635. Item number Deductions Amount 13 Schedule J - Funeral Expenses and Expenses Incurred in Administering Property Subject to Claims. 13 87,209. 14 Schedule K - Debts of the Decedent. 14 O. 15 Schedule K - Mortgages and Liens ................................... 15 297. 16 Total of items 13 through 15. 16 87,506. 17 Allowable amount of deductions from item 16 (see the instructions for item 17 of the Recapitulation). . 17 87,506. 18 Schedule L - Net Losses During Administration. . 18 15,410. 19 Schedule L - Expenses Incurred in Administering Property Not Subject to Claims. 19 O. 20 Schedule M - Bequests, etc, to SurviVing Spouse. 20 O. 21 Schedule 0 - Charitable, Public, and Similar Gifts and Bequests. 21 1,319,061. 22 Schedule T - Qualified Family-Owned Business Interest Deduction. . 22 O. 23 Total allowable deductions (add items 17 through 22). Enter here and on line 2 of the Tax Computation. . 23 1,421,977. BAA Page 3 FDRA0203L 07123103 Form 706 (Rev 8-2003) Estate of: SARA M. EMRICK 163-09-7818 SCHEDULE C - Mortgages, Notes, and Cash . (For jointly owned property that must be disclosed on Schedule E, see the instructIOns for Schedule E) Item Description Alternate Alternate value Value at date of death number valuation date 1 BANK OF AMERICA - SAVINGS ACCOUNT #0011 5172 1618 81,057. 2 BANK OF AMERICA - CHECKING ACCOUNT #0011 5217 6832 65. Total from continuation schedules (or additional sheets) attached to this schedule. TOTAL. (Also enter on Part 5, Recapitulation, page 3, at item 3.). 81,122. (If more space is needed, attach the continuation schedule from the end of this package or additional sheets of the same size.) (See the instruclions.) BAA FDRA0601L 07122/03 Schedule C - Page 13 Form 706 (Rev 8-2003) Estate of: SARA M. EMRICK 163-09-7818 SCHEDULE F - Other Miscellaneous Property Not Reportable Under Any Other Schedule (For jointly owned property that must be disclosed on Schedule E, see the instructions for Schedule E) (If you elect section 2032A valuation, you must complete Schedule F and Schedule A-I) Did the decedent at the time of death own any articles of artistic or collectible value in excess of $3,000 or any collections whose artistic or collectible value combined at date of death exceeded $1 O,OOO? . If 'Yes,' submit full details on this schedule and attach appraisals. 2 Has the decedent's estate, spouse, or any other person, received (or will receive) any bonus or award as a result of the decedent's employment or death? . If 'Yes,' submit full details on this schedule. 3 Did the decedent at the time of death have, or have access to, a safe deposit box? If 'Yes,' state location, and if held in joint names of decedent and another, state name and relationship of joint depositor. If any of the contents of the safe deposit box are omitted from the schedules in this return, explain fully why omitted. Item Description number For securities, give CUSIP number. 1 HOUSEHOLD EFFECTS Alternate valuation date Alternate value Value at date of death 12,950. 2 INCOME TAX REFUND RECEIVABLE 3 MEDICARE REFUND Total from continuation schedules (or additional sheets) attached to this schedule. Total. (Also enter on Part 5, Recapitulation, a e 3, at item 6. . (If more space is needed, attach the continuation schedule from the end of this package or additional sheets of the same size.) (See the instructions.) BAA FDRA0901 L 07122103 Yes 16,852. 200. 30,002. Schedule F - Page 19 Form 706 (Rev 8-2003) Estate of: SARA M. EMRICK 163-09-7818 SCHEDULE G - Transfers During Decedent's Life (If you elect section 2032A valuation, you must comple1e Schedule G and Schedule A-I.) Item Description Alternate Alternate value Value at date of death number For securities, give CUSIP number. valuation date A Gift tax paid by the decedent or the estate for all gifts made by the decedent or his or her spouse within 3 years before the decedent's death (section 2035(b)) . XXXXX B Transfers Includible under section 2035(a), 2036, 2037, or 2038: 1 SARA EMRICK TRUST - SEE ATTACHED VALUATION OF ASSETS OF THE TRUST. 619,450. 2 PAUL EMRICK MARITAL TRUST - SEE ATTACHED VALUATION OF ASSETS OF THE TRUST. ALL ASSETS OF THIS TRUST REVERT TO THE EMRICK FAMILY FOUNDATON AT THE DEATH OF SARA EMRICK. 817,146. 3 PAUL EMRICK CHARITABLE REMAINDER UNITRUST. SEE ATTACHED VALUATION OF ASSETS OF THE TRUST. TRUST ASSETS PASSED TO THE EMRICK FAMILY FOUNDATION AT THE DEATH OF SARA EMRICK 501,915. Total from continuation schedules (or additional sheets) attached to this schedule. Total. (Also enter on Part 5, Recapitulation, pace 3, at Item 7.) . 1,938,511. Item Description Alternate Alternate value Value at date of death number valuation date Total from continuation schedules (or additional sheets) attached to this schedule. TOTAL. (Also enter on Part 5, Recapitulatron, pace 3, at item 8.) . O. SCHEDULE H - Powers of Appointment (Include '5 and 5 lapSing' powers (section 2041 (b) (2)) held by the decedent.) (If you elect section 2032A valuation, you must complete Schedule H and Schedule A-I.) (If more space is needed, attach the continuation schedule from the end of this package or additional sheets of the same size.) (The Instructions to Schedules G and H are in the separate instructions.) BAA FDRAlOO1L 07122103 Schedules G and H - Page 21 Form 706 (Rev 8-2003) Estate of: SARA M. EMRICK 163-09-7818 SCHEDULE J - Funeral Expenses and Expenses Incurred in Administering Property Subject to Claims Note: Do not list on this schedule expenses of administering property not subject to claims. For those expenses, see the instructions for Schedule L. If executors' commissions, attorney fees, etc, are claimed and allowed as a deduction for estate tax purposes, they are not allowable as a deduction in computing the taxable income of the estate for Federal income tax purposes. They are allowable as an income tax deduction on Form 1041 If a waiver is filed to waive the deduction on Form 706 (see the Form 1041 Instructions). Item number Description Expense amount Total amount A Funeral expenses: 1 FUNERAL EXPENSES 2,258. Total funeral expenses. . B Administration expenses: 1 Executors' commissions - amount ~ lagreed upon ~KX (Strike out the words that do not apply.) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 Attorney fees - amount ~ I~~ Ipaid. (Strike out the words that do not apply.). .. 2,258. 80,000. 201. 3 Accountant fees - amount estimated ~1l!Xd:'~ I~X (Strike out the words that do not apply.) . 4,750. 4 Miscellaneous expenses: Expense amount Total miscellaneous expenses from continuation schedules (or additional sheets) attached to this schedule. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Total miscellaneous expenses. . .. TOTAL. (Also enter on Part 5, Recapitulation, page 3, at item 13.) . (If more space IS needed, attach the continuation schedule from the end of this package or additional sheets of the same size.) (See the instructions.) BAA FDRA1201L 07/22/03 .. 87,209. Schedule J - Page 23 Form 706 (Rev 8.2003) Estate of: SARA M. EMRICK SCHEDULE K- Debts of the Decedent, and Mortgages and Liens 163-09-7818 Item Debts of the Decedent - Creditor and nature of claim, Amount unpaid Amount in Amount claimed number and allowable death taxes to date contest as a deduction Total from continuation schedules (or additional sheets) attached to this schedule. TOTAL. (Also enter on Part 5, Recapitulation, paQe 3, at item 14.) . ...................... O. Item Mortgages and Liens - Description Amount number 1 LEHIGH VALLEY PHYSICAL THERAPY 261. 2 SUSUEHANNA INTERNAL MEDICINE 30. 3 QUANTUM IMAGING AND THERAPUTIC 6. Total from continuation schedules (or additional sheets) attached to this schedule. TOTAL. (Also enter on Part 5, Recapitulation, paQe 3, at Item 15.). 297. (If more space is needed, attach the continuation schedule from the end of this package or additional sheets of the same size.) (The instructions to Schedule K are In the separate Instructions.) BAA FDRA1301L 07/22103 Schedule K - Page 25 Form 706 (Rev 8.2003) Estate of: SARA M. EMRICK 163-09-7818 SCHEDULE L - Net Losses During Administration and Expenses Incurred in Administering Property Not Subject to Claims Item Net losses during administration Amount number (Note: Do not deduct losses claimed on a Federal income tax return.) 1 TRUST SETTLEMENT FEE 14,848. 2 ACCRUED MONTHLY TRUST FEE 562. Total from continuation schedules (or additional sheets) attached to this schedule. TOTAL. (Also enter on Part 5, Recapitulation, page 3, at item 18.) . 15,410. Item Expenses incurred in administering property not subject to claims Amount number (Indicate whether estimated, agreed upon, or paid.) Total from continuation schedules (or additional sheets) attached to this schedule. ......................... TOTAL. (Also enter on Part 5, Recapitulatron, paQe 3, at item 19.). O. (If more space is needed, attach the continuation schedule from the end of this package or additional sheets of the same size.) Schedule L - Page 26 (The instructions to Schedule L are in the separate instructions.) BAA FDRA1401L 07/22103 Form 706 (Rev 8.2003) Estate of: SARA M. EMRICK SCHEDULE 0 - Charitable, Public, and Similar Gifts and Bequests 1 a If the transfer was made by will, has any action been instituted to have interpreted or to contest the will or any of its provisions affecting the charitable deductions claimed in this schedule? . If 'Yes,' full details must be submitted with this schedule. b According to the information and belief of the person or persons filing this return, is any such action planned? If 'Yes,' full details must be submitted with this schedule. 2 Old any property pass to charity as the result of a qualified disclaimer? . If 'Yes,' attach a copy of the written disclaimer required by section 2518(b). Item number Name and address of beneficiary Character of instiwtion 1 EMRICK FAMILY FOUNDATION CHARITABLE FOUND 2 EMRICK FAMILY FOUNDATION 5200 TOWN CENTER CIRCLE #500 BOCA RATON, FL 33486 Total from continuation schedules (or additional sheets) attached to this schedule. 3 Total.. 4a Federal estate tax payable out of property interests listed above. 4a b Other death taxes payable out of property interests listed above. 4b c Federal and state GST taxes payable out of property interests listed above. 4c d Add Items 4a, b, and c . 5 ~:~:~~:t~:tn';o~rrtyinterests listed above (subtract 4d from 3). Also enter on Part 5, Recapitulation, . 4d 5 (If more space is needed, attach the continuation schedule from the end of this package or additional sheets of the same size.) (The Instructions to Schedule 0 are In the separate instructions.) BAA FDRA1601L 07122103 163-09-7818 Yes No Amount 1,319,061. 1,319,061. 1,319,061. Schedule 0 - Page 31 Form 706 (Rev 8-2003) SARA M. EMRICK 163-09-7818 SCHEDULE R - Generation-Skipping Transfer Tax Note: To avoid application of the deemed allocation rules, Form 706 and Schedule R should be filed to allocate the GST exemption to trusts that may later have taxable terminations or dlstnbutions under sectIOn 2672 even if the form IS not required to be filed to report estate or GS T tax. The GST tax is imposed on taxable transfers of interests in property located outside the United SUItes as well as property located inside the United States. See instructions. Part 1 - GST Exemption Reconciliation (Section 2631) and Section 2652(a)(3) (Special QTIP) Election You no longer need to check a box to make a section 2652(a)(3) (special QTIP) election. If you list qualifying property in Part 1, line 9, below, you will be considered to have made this election. See the Instructions for details. MaXimum allowable GST exemption. . 1 120 000. 2 Total GST exemption allocated by the decedent against decedent's lifetime transfers. . 2 3 Total GST exemption allocated by the executor, using Form 709, against decedent's lifetime transfers. 3 4 GST exemption allocated on line 6 of Schedule R, Part 2. . 4 487,049. 5 GST exemption allocated on line 6 of Schedule R, Part 3. . 5 6 Total GST exemption allocated on line 4 of Schedule(s) R-1 . 6 7 Total GST exemption allocated to intervivos transfers and direct skips (add lines 2-6) 7 487,049. 8 GST exemption available to allocate to trusts and section 2032A interests (subtract line 7 from line 1). . 9 as defined for GST tax B Trust's EIN (if any) C GST exemption allocated on lines 2-6, above (see instructions) o Additional GST exemption allocated (see instructions) E Trust's inclusion ratio (optional - see instructions) 90 Total. May not exceed line 8, above. . . . 90 10 GST exemption allocated to section 2032A interests received by individual beneficiaries (subtract line 90 from line 8). You must attach s eClal use allocation schedule (see Instructions). . . . . . . . . . . . . . . . . . . . . . . . BAA (The instructions to Schedule R are in the separate instructions.) FDRAI801 l 11/12103 10 Schedule R - Page 33 Form 706 (Rev 8-2003) Estate of: SARA M. EMRICK 163-09-7818 Part 2 - Direct Skips Where the Property Interests Transferred Bear the GST Tax on the Direct Skips Name of skip person Oescription of property interest transferred Estate tax value DEBORAH SANDERS BANK OF AMERICA - SAVINGS ACCOUNT #0011 5172 1618 27,019. DEBORAH SANDERS BANK OF AMERICA - CHECKING ACCOUNT #0011 5217 6832 22. DEBORAH SANDERS INCOME TAX REFUND RECEIVABLE 4,317 . 5,618. 67. DEBORAH SANDERS HOUSEHOLD EFFECTS DEBORAH SANDERS MEDICARE REFUND DEBORAH SANDERS SARA EMRICK TRUST - SEE ATTACHED VALUATION OF ASSETS OF THE TRUST. 206,484. PETER SANDERS BANK OF AMERICA - SAVINGS ACCOUNT #0011 5172 1618 27,019. PETER SANDERS BANK OF AMERICA - CHECKING ACCOUNT #0011 5217 6832 21. PETER SANDERS HOUSEHOLD EFFECTS 4,316. PETER SANDERS INCOME TAX REFUND RECEIVABLE 5,617. 66. PETER SANDERS MEDICARE REFUND PETER SANDERS SARA EMRICK TRUST - SEE ATTACHED VALUATION OF ASSETS OF THE TRUST. 206,483. 1 Total estate tax values of all property Interests listed above. 2 Estates taxes, state death taxes, and other charges borne by the property interests listed above. . 3 GST taxes borne by the property interests listed above but imposed on direct skips other than those shown on thiS Part 2 (see instructions) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 Total fixed taxes and other charges (add lines 2 and 3) . . . . . . . 5 Total tentative maximum direct skips (subtract line 4 from line 1).. 6 GST exemption allocated. 7 Subtract line 6 from line 5. . . 8 GST tax due (divide line 7 by 3.040817).. 9 Enter the amount from line 8 of Schedule R, Part 3. . 1 2 487,049. 3 4 5 6 7 8 9 487,049. 487,049. o. 10 Total GSTtaxes payable by the estate (add lines 8 and 9). Enter here and on line 20 of Part 2 - Tax Computation, on'oage 1 ........ .. . .. ..' ... .. .. . ... ." .. .. . .... .....................,......... 10 Schedule R - Page 34 BAA FDRA 1802L 07/22/03 Form 4768 Application for Extension of Time to File a Return and/or Pay U.S. Estate (and Generation-Skipping Transfer) Taxes For filers of Forms 706, 706-A, 706-0, 706-NA, or 706-QOT (circle onl one) OMS No, 1545-0181 (Rev August. 2003) Department 01 the Ti'easury Internal Revenue ServIce ..) -:~ 3 Note: Use Form 2758 to request an extension for Forms 706-GSrD) and 706.GS(T). I. ParU.1 Identification Decedent's first name and middle initial Decedent's last name Date of death SARA M. EMRICK 12/21/2003 Name of executor Name of application filer (if other than the executor) Decedent's social sec~\Jumbe' J. LINDEN SANDERS J. THOMAS COOLEY, CPA 163-09-7818 Address of executor (Number, street. and rcom or suite number) Estate tax return due date 4255 NANTUCKET DRIVE 9/21/2004 City, state, and ZIP code Domicile of decedent (county, stale, and ZIP code) Daytime telephone number MECHANICSBURG, PA 17050 PENNSYLVANIA I,PartlVI Extension of Time to File Form 706 (Section 6081) Automatic Extension -'! yo..': ~r~ ~p~It!~ .!.o~ ~ ~,:!!~m~~ ~-!2'~n~ _e~':..n~~ .9f..!i~~ ~ .!.il~ ~o~m JQ6..c ':.h~c~ ~e~ js~':..ir:,s!':~li?'2.s~ ''':' ''':''':''':' -..:.'..:.' _::..:...:. ,:: .:_: .:.. _ ':.12rr Additional Extension If you are an executor out of the country applying for an extension of time to file in excess of 6 months, check here, Also, you must attach a statement explaining in detail why it was impossible or impractical to file Form 706 by the due date, See the instructions. -------------------------------------------------------- .. Extension date requested _ _ _ _3B!,/]QQ.5_ Extension for Cause Also, you must attach a written statement explaining in detail why you were unable to request an automatic extension, why it was impossible or impractical to file Form 706 by the due date, and why you should be granted an extension at this time. See the instructions. If you have not filed a request for an automatic 6-month extension and the time for filing such a request has passed, check here, , .. Extension date requested You must attach your written statement to explain in detail why it is impossible or impractical to file a reasonably complete return by the due date of the return, PartW Extension of Time to Pa Section 6161 Extension dale requested J <', ,\),,, \\ You must attach 19ur written statement to explain in detail why it is impossible or impractical to pay the full amount of Extension dale ,"quested the estate (or GS I) tax by the return due date, If the taxes cannot be determined because the size of the gross estate is unascertainable, check here ~ 0 and enter '.0-' or other appropriate amount on Part V, line 3. You must attach an explanation_ · If this request is for the tax that will be due when the Form 706 is filed, check here, , · If this request is for the tax that will be due as a result of an amended or supplemental Form 706, check here"", · If this re uest is for additional tax due as a resul\!:'iJ /i<~~tf&NltJ' uF'fil!l1"rlCfo6, check here, , ' ,Party: Pa ment to Accom an Exten A 1 Amount of estate and GST taxes estimated to be due, , , , , , , , , , , , _ , , , , , , 1 2 Amount of cash shortage (complete Part IV)""" -", -S':P -2 '4 '2flD4' ,61. ,7I~~,D{).""" 2 3 Balance due subtract line 2 from line 1) see instructions ',........,'~....,.... '. .. , .. .. , .. , .. , .. .. , .. , 3 57 , 492 . If filed by executor - Under penalties of perjury, :::::~~~~Ifrfs~eE Dabove-named decedent and that to the best of my knowledge and belief, the statements made herein and attached are true and correct, .. .. .. 57,492. r- ,', r, - 2no' ", r' '(' j.. '\. ".'''' :.I. ~ Title INTERNAL REVENUE SERVICE If filed by someone other than the executor - Under penalties of P~~W,~~1l\~tA.gHiI~JQAy knowledge and belief, the statements made herein and-attached are true and correct, that I am authorized byl~ ~~~ro~~o fIi',f'tfilSiaPP1ication, and that I am (check box(es) that applies): ~ A member in good standing of the bar of the highest court of (specify jUrisdiction) ~ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ X A certified public accountant duly qualified to practice In (specify JUrisdiction) ~ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ A person enrolled to practice before the Internal Revenue Servlce_ A duly authorized agent holding a power of attorney_ (The power of attorney need not be submitted unless requested,) , /1 ____1~7~_~-,___cPlt___________________________ __J_-~J:z_-:q!:t____ oL et Filer's signature (other than the executor) Date BAA For Privacy Act and Paperwork Reduction Act Notice, see instructions, FDRA2212L 08/28/03 Executor's signature Date Form 4768 (Rev 8-200;1 ~ , / Form' 4768 (Rev 8,2003) Decedent's first name and middle initlal EMRICK 163-09-7818 Part VI Notice to A licant - To be com leted b the Internal Revenue Service ~:~~:~:;;n~~t~~s:2!~3n;; 12ft ~a~ ~II~ i~: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ D Not approved because _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Page 2 Decedent's social security number ----------------------------------------------------------------- ----------------------------------------------------------------- ----------------------------------------------------------------- ----------------------------------------------------------------- -----------------------------.--------------------------------------- D Other _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ - - - - - - - - - - - - - - - - ----------------------------------------------------------------- Internal Revenue Service official Address Name (Please prlnl) ~I{f~ U240: ft. L ~,J1 '"""-;~ Lf;~.-/____ Slgnalure: ~'/T4f",~.~ Date INTERN^ '- -, '--'.11 JE SERVICE 201 W p, ,'R BLVD CaVING, _.. '" "'t 1011 / () -() 1"'0 C{ 2 The application for extension of time to pay (Part IV) is: D Approved _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ - - - - - - - - - - - - - - - - - - D Not approved because (see separate instructions for your appeal rights) ----------------------------------------------------------------- ------------------------------------------------------------- ----------------------------------------------------------------- ----------------------------------------------------------------- ----------------------------------------------------------------- D Other _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ----------------------------------------------------------------- Internal Revenue SelVice official Address Date Name (Please print) Title (Please print) Signature: FDRA2212L 08/28/03 Form 4768 (Rev 8-2003) EST ATE OF SARA M. EMRICK LSIT OF DOCUMENTS ATTACHED 1. PROOF OF PAYMENT OF STATE DEATH TAXES 2. DEATH CERTIFICATE 3. SARA EMRICK WILL 4. GIFT TAX RETURNS 5. BANK OF AMRICA CHECKING STATEMENT 6. BANK OF AMERICA SAVINGS STATEMENT 7. ACCOUNT EVALUATION - SARA EMRICK TRUST 8. ACCOUNT EVALUATION - PAUL EMRICK MARITAL TRUST 9. ACCOUNT EV ALUA TON - PAUL EMRICK CRUT 10. SARA EMRICK TRUST 11. FIRST AMENDMENT TO AND RESTATEMENT OF THE SARA R. EMRICK TRUST AGREEMENT 12. SECOND AMENDMENT TO THE SARA R. EMRICK TRUST AGREEMENT 13. THE PAUL EMRICK LIVING TRUST 14. THE PAUL EMRICK CHARITABLE REMAINDER UNTRUST ItlU)YU) KJ:.v.\U1IU<t/ . This is to cettifY that this is a tcue copy of the record which is on flle 111 the Pennsylvania Division of Vital Records in accordance with Act 66, P.L. 304, approved by the General Assembly, June 29, 1953. WARNING: It is illegal to duplicate this copy by photostat or photograph. ~ ~!I~ No. Charles Hardester State Registrar Calvin B. Johnson, M.D., M.P.H. Secretary of Health 3428/)40 MAR 0 9 2005 Date Hl0S.143R.~.2J87 COMMONWEALTH OF PENNSYLVANIA' OEPARTMENT OF HEALTH' VITAL RECORDS CERTIFICATE OF DEATH 121135 r'l'PElPRtNT 'N PERMANENT IlUOClNlC ,. AGE(LaSle~VI Sara Miller '" ,. Female STAT(~IlENUIoltlER SOCIAL SECURITY NUMBER NAME Of oeCEOENT (f"Sl. Mic)dlo. U:ill ,163 - 09 21, 2003 UHOEFlt YEAR ....... 0.,. UNDER I DAY 1-\ouI1l! Idinul.. BJIlTi"lPU.CE (Coty.-s PLAC€ 01' OEAlHICtlecl<......, """ _ ~"'.'UCl.onton_ _I Stas.Q' Fcre.gtl COUNrYI I1OSPItAL: II\P&l_O , k f....CIUTY NAME (1I"lll1l">W'lUI>Or>.go...e$ll_and""""O', ~IO . COUNTY OF D€.Q"H 89 v. )., ... Cumberland RACE. Am..-.eM lndi.on. 8Mdc.. __...-Ie ,-, White ,. DECEDENT'S USUAL OCCUPAnON ('~r'=:liI":':O~=:f ~ It.. Accountant I1b. Communications DECEDENrs MAIUHG AClOAESS (Su...cil't/To-l.~, lipCoo., OECEOENT"S ACTUAl RESIDENCE ISH_ onOlnet_1 SUAVIVINQ SPOUSE I. ""..go...m.IIden......., n. N/A 4255 Nantucket 1..Mechanicsburg) FNHEA'S NAME (Fin.. ~~.LasI) Drive PA 17050 pr.lng - ,,,,. Gtunberland t7d.D ~~:::ol IoIOTHER'S NAloIe (hlil. MoOdIe. "'Mjen Sulnamtl) cify.tloro n. INFQAUANT"S NAME (T Vl*P'inI! Jmnes Randolph Page Miller J. Linden Sanders, Jr. ONE OF DISPOSITION ~alllOI'IlSl'I.O (Uonlrl.o.y.'lINr1 o December 21b. n. Fannie Fredericka Schmidt INFORMANT"S t.lAIUNQ AOORE.SS cS.MI. CorwlTorMt. SlIM.. lop Codel ~4255 Nantucket Drive, Mechanicsburg, PA 17050 f'l.).C( OF DISPOSITION.,....... olC.m.t.ry, C.....~ LOCATION. C~. Stal.. I'll Coo. or""*PIao::. " ~ S S o . o . > < Z DUE TO lOR AS A. CONSEOUENCE Of)' _ 0 P-'in\l~llotl 0 CouIdllOlbe<k1_iMd 0 o ......HE""'?' o o OA1E Of INJURY (~.o.y.'-l DESCRIBE HOW INJUR.Y OCCUAAEO. Ok ,... aRT.lflLftcO>.c:ir.triy-t "CERTIFYINQPHYSlClAH(Pll\'SlC'llflCflfIlyloQUUM 01 deUl..,..,M'OCIlI\ef pI\'fSICo&n llupronounc.edde;Jlt\ana cOfTIplellldnem 23, Ta IheH.l:Q'''''I'''-w~, .-_OCCYlTedd...IOIti.C.....(.I.ndm........owo .tIItH....... "PFIONOUHC1NG AAO CERTIFYWQ PIfYSICIAN {Pt1yso::I;Vl bQln "'''''0'''''''''9 llN1fl and CMlIylncJ IQ c'u" 01 <lea,") To 11M boNt"'mY"-~I, "thoccllf,"'atlhl U",e,dal., ilr>d place, and dill 10 t"-"""M(.'.f\cIma..".....1I11d.. OMEDK:AL EXAMINER/CORONER On It.. b.... at 11IImlnlllon ll>dIor Investigation, in my opinion, d..lh occunedlltl'le 11m.. d.II,'1lcl pfKe, .nd dUIlo the c'''w{'land mann........tld...... ................ .................. 31.. REGISTRAR'S SIGNAtURE ANO NVl.laER bl.;l.r"l1A ,41 , < " - ]Jttst .Ifill ttno Clle$'hnul?n t OF SARA K. EMRICK I, SARA M. EMRICK, a resident of Marion County, Florida, do hereby make, publish and declare this to be my Last will' and Testament, hereby revoking and annulling all former wills and Codicils heretofore made by me at any time. ARTICLE I My Personal Representative, in the Personal Representative's sole discretion, may pay my legal debts including funeral expenses, and costs of administration of my estate (including the expenses of any ancillary proceedings that may be necessary in another state or county) and I hereby authorize and empower my Personal Representative, in case of any claim made against my estate, to settle and discharge the same in the absolute discretion of my Personal Representative. ARTICLE II I give, bequeath and devise all of the rest and residue of my estate, both real and personal, of every nature and wheresoever situated, of which I may die seized or possessed, including without limitation all property acquired by me or to which I may become entitled after the execution of this Will, but excluding all property over or concerning which I may have any power of appointment to my Trustee under that certain Trust agreement between myself as Trustor and my Trustee executed prior to the execution of this will on July 25, 1996. The Trustee shall add the property bequeathed and devised by this Item to the corpus of the above-described Trust and shall hold, administer and distribute Signed for Identification: Page 1 4~ 4L. ~?~. said property in accordance with the provisions of the said Trust Agreement, including any amendments thereto made before my death. ARTICLE III I hereby nominate, constitute, and appoint my son, J. LINDEN SANDERS, JR., as Personal Representative of this my Last Will and Testament. Should my son, J. LINDEN SANDERS, JR., predecease me or should he fail.to,qualify, die, resign, or cease to act as Personal Representative 'for any' reason, then I appoint my granddaughter, DEBORAH SANDERS, as Alternate Personal Representative. I direct that no Personal Representative serving hereunder shall be required to post any bond or comply with the provisions of Chapter 737, Florida Statutes (1995). As used in this Will, the term Personal ReDresentative includes any Alternate or Successor Personal Representative. ARTICLE V Any Personal Representative of mine acting by virtue of appointment herein, or any successor of the same, shall have the fullest power and authority in all matters and on all questions and to do all acts which I might or could do if living, subject only to the general obligation to act prudently and in good faith in the best interest of the estate. This includes full power to make sales, elections as to tax matters, loans, or leases and investments, and to make division of the assets of the estate in cash or in kind. Said Personal Representative shall have all the powers given to testamentary Trustees by section 737.402, Florida Statutes (1995), as well as such other powers as may be authorized by the laws of the State of Florida at the time of my death. All powers and discretions herein given may be exercieed without application to any court or any court order. My Personal Representative is expressly authorized to postpone final distribution of my estate, pending final determination of tax liabilities in connection therewith. ~ ?d p~. SARA M. EMRICK Page 2 On the 25th day of July , 1996, SARA M. EMRICK declared to us, the undersigned, that the foregoing instrument was her Last Will, and she requested us to act as witnesses to the same and to her signature thereon. She thereupon signed said will in our presence, we being present at the same time. And we now, at her request, and in her presence, and in the presence of each,' other, do .hereunto..subscribe our names as witnesses. And we and each of us declare that we believe the Testatrix to be of sound mind and memory. ;)~ {:Vi'll c( If. ~~. residing at ~ ;(/,)~ residing at , dc~, "7/ , ~ , ;;;u.. JbtM-u;' ./ ~/ to '7f ,pjf' residing at J:f, '71r r (,,'# ~../ STATE OF FLORIDA COUNTY OF MARION We, SARA M. EMRICK, Janice A. Ficocelli Marcia K. Williams , and Barrie E. O'Neill , the Testatrix and the witnesses, respectively, whose names are signed to the attached or foregoing instrument, having been sworn, declared to the undersigned officer that the Testatrix, in the presence of witnesses, signed the instrument as her Last Will, that she signed (or directed another to sign for her), and that each of the witnesses, in the presence of the Testatrix and in the presence of each other, signed the Will as a witness. ~~.~, SARA M. EMRICK - Testatrix dtux.;u ;9,$~. wi ess . ~r~,uX0~ witness .lJIJ'A.Mf / ~./ !)'7!/1d witness Page 3 Subscribed and sworn to before me by SARA M. EMRICK, the Testatrix, who is personally known to me or who has produced ~ Driver's License as identification, and by Janice A. Ficocelli , Marcia K. Williams and Barrie E. O'Neill who are personally known to me on the 25th day of July 1996. a.N. k- C. F._rman Oil ~SSION' CC494211 EX~AES QQ:lbIr14.1991 IOIIlED nRl TlllW fAIt MllWlCl,lJI;. Notary's signature Catherine F. Ackerman Notary's Printed Name Notary Public, State of Florida at Large My Commission expires: This instrument prepared by: Catherine F. Ackerman, Esquire PATTILLO & McKEEVER, P.A. 2100 SE 17th Street, suite 300 P.O. Box 1450 Ocala, Florida 34478 (352) 732-2255 P:\USBI.\ONBIlL\BMllICIC. wn. Page 4 Form 709 United States Gift (& Generation-Skipping Transfer) Tax Return OMS No. 1545-0020 (Section 6019 0\ the Internal Revenue Code) (For gills made during calendar year 1999) 1999 Depanment at tne Treasury lnterna.l Rel/enue Sef'Jlce ~ See separate Instructions. For Privacy Act Notice, see the Instructions for Form 1040. 1 Donor's first name and middle initial \2 Donor's last name 3 Donor's social security number SARA M. EMRICK 190-09-2698 4 Address (number, street, and apanment number) 5 Legal reSidence (domiCile) (county ana :;tatej P 9500 SW ST HWY 200 KARlON, FL A R 6 City, state, and ZIP code 7 Citizenship T OCALA, FL 34481 bSA 1 8 II the donor died during the year, check here'" U and enter date of death , _' YesT No G 9 II you received an extension of time to file this Form 709, check ~ 0 & attach the Form 4868, 2688, 2350, or extension lener .. E 10 Enter the total number of separate donees listed on Schedule A -- count each person only once. . ~ 1 N 11 a Have you (the donor) previously filed a Form 709 (or 709-A) for any other year'? If answer is "No," do not complete line 11 b. E R 11 b If the answer to line 11 a is "Yes," has your address Changed since you last filed Form 709 (or 709-A)? . . A l 12 Gills by husband or wife to third panies. -- Do you consent to have the gills (inclUding generation-skipping transfers) made I by you and by your spouse to third panies during the calendar year considered as made one-halt by each at you? (See N instructions.) (lithe answer is "Yes," the following information must be furnished and your spouse must sign the consent F 0 shown below. If the answer Is "No," skip lines 13-18 and go to Schedule A.) . . .. . . . . .. . . .. X R 13 114 SSN M Name at consenting spouse A 15 Were you married to one another during the entire calendar year? (see instructions) . T I 16 II answer 10 15 IS "No," check whetherl Imarriedr ldivorced or I I widowed, & give date (see inst.) ~ 0 N 17 Wiil a gin lax return for Ihis calendar year be filed by your spouse? . . . .. ... ..' 18 Consent of Spouse -- I consent to have gifts (& generation-skipping transfers) made by me and by my spouse to third partJes during calendar year considered as made one-half by each of us. We are both aware of joint & several liability for tax created by execution of thiS consent. Consenting spouse's signature ... Date ~ 1 Enter the amount from Schedule A, Pan 3, line 15. . .". . .... , 1 469,158. 2 Enter the amount from Schedule B, line 3 . . .". . ... ..... ... ." . .." .... .... 2 3 TOlal laxable gills (add lines 1 and 2). . . . . . " " ". ., ....... ... .. 3 469.158. 4 Tax computed on amount on line 3 (see Table for Computing Tax in separate instructions) ... ., 4 145.314. 5 Tax computed on amount on line 2 (see Table for Computing Tax in separate instructions) . . .. ..... 5 P 6 Baiance (subtract line 5 trom line 4) . . .......' .",. ,.",. "" ...,.........., . 6 145,314. A 7 MaXimum unified credit (nonresident aliens, see instructions) . .. ...... ...... . 7 211,300. R 8 Enter the unified credit against tax allowable for all prior periods (from Sch. B, line 1, col. C). . 8 T .... 2 9 Balance (subtract line 8 from line 7) . ... . ... , ... ,. .. .., ..... ....... 9 211,300. 10 Enter 20% (.20) of the amount allowed as a specific exemption lor gills made alter September 8, 1976, T and belore January 1, 1977 (see instructions) . . 10 A 11 Balance (subtract line 10 from line 9) . . 11 211,300. X 12 Unltled credit (enter the smaller at line 6 or line 11) .' 12 145,314. g 13 Credlllor lorelgn gilllaxes (see instructions) .... ..... ..,. . 13 M If P u 14 TOlal credits (add lines 12 and 13). . . . . . . ,." . .. . .. . .... ..... ..... ... 14 145 314. T r 15 Balance (subtract line 14 tram line 6) (do not enter less than zero) . . . . . ... .... . 15 O. A T 16 .- C I Generation-skipping transfer taxes (tram Schedule C, Pan 3, col. H. Total). 16 H 0 C N 17 17 Total tax (add lines 15 and 16). ... .' . . . ...... ... .,.. . ,.. " , . . . . H 18 Gill and generation-skipping transfer taxes prepaid with extension of time to file 18 E .. . C K or 19 If line 18 is less than line 17, enter BALANCE DUE (see Instructions). . . . . . . . . ..... 19 M 0 20 If Ime 18 IS greater than line 17, enter AMOUNT TO BE REFUNDED. . . . . . . . . 20 N E Under penallles of perjury, I declare that J have examined this return, including any accompanying schedules and statements, and to tile best of my knowledge and Dei,e! It y IS true, CClrr~<:\, a,!'.O complete. Declaration at preparer (other than donor) is based on all information of which preparer has any knowledge, 0 R 0 Donor's signature ~ Oale~ E R Preparer's signature ~ ~ H Date~ 10/06/00 E (01 her than donor) ~ -j '7 COOLEY, CPA 1409 NE 22ND AVENUE I ~. Preparer's address . THOMAS (other than donor) "'OCALA. FL 34470 For Paperwork Reduction Act Notice, see separate Instructions for this form. eM 9 7091 NH 23926 GLD 4222 Sc flwilre by Tax ana Accounting Software Corp. Form 709 (1999) Form 709 (1999) SARA M. EMRICK 190-09-2698 Page 2 SCHEDULE A Computation of Taxable Gifts (Including Transjers in Trust) -, A Does the value of any item listed on Schedule A reflect any valuation discount? If the answer is "Yes," see instructions. Yes No 8 U ~ Check here It you elect under section 529(c)(2)(B) to treat any transfers made this year to a qualified state tuition program as made ratably over a 5-year period beginning this year. See instructions. Attach explanalion. Pan 1 n Gifts Subject Only to Gift Tax. Gifts less political organization, medical, and educational exclusions -- see instructions -- I A B C D E Item . Donee's name and address Donor's adjusted Date Value at number . RelatIonship 10 donor (il any) basis of gill 01 gIft date 01 gift . Description of gift . if the gin was made by means 01 a trust, enter trust's identifying number and anach a copy of the trust instrument . II the gift was of securities, give CUSIP number 1 I THE EMRICK CHARITABLE LEAD ANNUl TY TRUST 50 NORTH LAURA STREET SUITE 3650 JACKSONVILLE, FL 32202 22-6782703 GIFT OF SECURITIES AND CASH; 08/18/99 744, COPY OF CHARITABLE DEDUCTION , I , ATTACHED ! , 329. Total 01 Pan 1 (add amounts from Par11, column E) ~ 744 , 329 . Pan 2 -- Gifts That are Direct Skips and are Subject to Both Gift Tax and Generation-Skipping Transfer Tax. You must list the gifts In chronological order. Gins less pOlitical organization, medical, and educational exclusions -- see instructions. (Ai so list here direct skips tl13t are sublect only 10 Ihe GST lax at this time as the result of the termination of an "estate tax Inclusion period." See instructions.) C Donor's adjusted basis of gift D Dale of gift E Value at date 01 gift A Item I numberl I I I B . Donee's name and address . Relationship to donor (it any) . DescriptIon of gift · II the gift was made by means of a trust, enter trust's Identifying number and anach a copy of the trust instrument . If the gift was of securities. give CUSIP number Total of Par1 2 (add amounts lrom Par12, column E) Pan 3 -- Taxable Gift Reconciliation ~ 1 Total value 01 gifts of donor (add totals from column E of Par1s 1 and 2) .... 1 744, 32~ 2 One-hall at Items anributable to spouse (see instrucllons) 2 3 Balance (subtract line 2 Irom line 1) 3 ! 744,3~SJ' 4 GiftS 01 spouse to be included (from Schedule A, Pan 3, line 2 of spouse's return -- see instructions). 4 i It any 01 the gifts included on this line are also subject to the generation-skipping transler tax, check here ~ D and enter those gills also on Schedule C, Par11. 5 Total gifts (add lines 3 and 4) . . . ....... .. .., . . . ,.. , ,.., ...... 5 744,329: 6 Total annual exclusions tor gifts listed on Schedule A (including line 4. above) (see instructions) . 6 7 Total Included amount of gills (subtract line 6 from line 5). 7 744 , 329. Deductions (see Instrucllons) 8 GIt1S at Interests to spouse tor which a marital deduction will be claimed, based on Items oj Schedule A . 8 9 ExclUSions anributable to gills on line 8. . . . .... ..". 9 10 Marital deduction n subtract line 9 from iine 8 . . ..' 10 11 Charitable deductIon. based on items See At t I d less exclusions 11 275,171. I 12 Total deductions -- add lines 10 and 11. 12 i_ 275,171. 13 Subtract IIIle 12 from line 7 13 469,158. 14 Generallon-skippll1g transfer taxes payable with this Form 709 (from Schedule C, Pan 3, co!. H, Total). 14 i O. 15 Taxable gifts (add lines 13 and 14). Enter here and on line 1 of the Tax Computallon instruclions . . 15 I 469,158. (II ,nore space IS needed, anach additional sheets of same size.) 9 7092 NTF 23927 GLD 4222 Form 709 (1999\ Form 709 (1999) SARA M. EMRICK 190-09-2698 Page 3 ISCfU;PUWEAI Computation of Taxable Gifts (continued) 16 Terminable Interest (QTIP) Marital Deduction. (See Instructions for line 8 of Schedule A.) 11 a trust (or other property) meets the requirements of qualified terminable interest property under section 2523(f), and a. The trust (or other property) is iisted on Schedule A, and b. The value of the trust (or other property) is entered in whole or in part as a deduction on line 8, Pan 3 of Schedule A, then the donor shall be deemed to have made an election to have such trust (or other property) treated as qualified terminabie Interest propeny under sectron 2523(f). If less than the entire value of the trust (or other property) that the donor has included in Part 1 of Schedule A is entered as a deduction on iine 8, the donor shall be considered to have made an election only as to a fraction of the trust (or other property). The numerator of this fraction is equal to the amount of the trust (or other property) deducted on line 1001 Part 3, Schedule A. The denominator is equal \0 the total value of the trust (or other propenyl listed in Part 1 of Schedule A. If you make the QTIP election (see instructions for line 8 of Schedule A), the terminable interest property involved will be included in your spouse's gross estate upon his or her death (section 2044). 11 your spouse disposes (by gift or otherwise) of all or part of the qualifying life income interest, he or she will be considered to have made a transfer of the entire property that is subject to the gift tax (see Transfer of Certain Lite Estates In the Instructrons) 17 Electfon Out of QTIP Treatment of Annuities [J .. Check here if you elect under section 2523(f)(6) NOT to treat as qualified terminable interest propeny any ioint and survivor annuities that are reponed on Schedule A and would otherwise be treated as qualified terminabie interest property under section 2:;23(f). (See instructrons.) Enter the item numbers (trom Schedule A) lor the annuities lor which you are making this election ~ i SCI;EDULE al Gifts From Prior Periods If you answered "Yes" on line l1a of page I, Part 1, see the Instructions for completing Schedule B. If you answered "No," skip to the Tax Computation on page 1 (or Schedule C, If applicable). A B Amount<if unified Amount 09 speCifiC E Calendar year or internal Revenue office credit against gift tax exemption for pflor Amount of calendar quarter where prior return was filed for periods a.tter periods ending before taxable gifts (see Instructions) December 31,1976 January 1, 1977 1 :~~:p:~~~nor periods (~ithout~djUst~entfor ~~duced specific 11 2 Amounl, II al1Y. by which total speCific exemption, line 1, column D, is more than $30,000. 2 3 Total amount of taxable gitts for prior periods (add amount, column E, iine 1, and amount, if any, on line 2). (Enter here and on line 2 01 the Tax Computation on page 1.). . ......,......" . ., o. 3 O. (If more space IS needed, anach additional sheets of same size.) CAA 9 7093 NTF 23926 GlD 5850 Form 709 (,'iF;9'i Form 709 (1999) ISCl;eDULeCI SARA M. EMRICK Computation of Generation-Skipping Transfer Tax Note: inter vivos direct skips that are completely excluded by the GST exemption must still be fully reported (Inciudmg value and exemptions claimed) on Schedule C. Part 1 -- Generation-Skipping Transfers 190-09-2698 Page 4 A 1,1 B c D E F Item No. Value Split Gifts Subtract co!. C Nontaxable Net Transler (trom Schedule A'I (from Schedule A, (enter 1/2 of co!. B) (subtract col E Pan 2. col A) Part 2, co!. E) (see instructions) from co!. B portion 01 transfer from co!. 0) 1 I 2 I , 3 4 5 6 If you elected gift splitlmgand YOLJr spouse Split gifts from Value inciuded Nontaxable Net transter ...as requIred to ille is. separate Form 709 spouse's Form 709 from spouse's (subtract co!. E (see the Instructions lor "Split Gifts'1. you (enter item number) Form 709 portion of transter from col 0) must enter all of the gifts shown on Schedule A, Part 2, of your spouse's Form S- 709 here. In column C, enter the Item number of each S- gift In the order It appears in column A of s- '(our spouse's SChedule A, Part 2. We have preprinted the prell x "5-" to distinguIsh your S- spOl,Jse's Item numbers from your own when 10U complete column A of Schedule C, S- Part 3 In column 0, tor each gift, enter the amount S- reparted In column C, SChedule C, Part 1, S- ol your spouse's Form 709, S- Part 2 -- GST Exemption Reconciliation (Section 2631) and Section 2652(a)(3) Election Check box ~ U if you are making a section 2652(a)(3) (special QTIP) election (see instructions) Enler the 11em numbers (from Schedule A) of the gifts for which you are making this election ~ 1 Maximum allowable exemption (see instructions) , . .,. , . . . , , . . . . . . . . . . . , . . , . . . .. . ...... ..... " 1 1,010,000. 2 Total exemption used for periods before filing this return. . . . . .......... ., . ". . .., , . ............. 2 3 Exemption available for this return (subtract line 2 from line 1) . , , , . . . . . . . . . . . . . . , . . . ... ." ....,....... 3 1,010,000. 4 Exemption claimed on this return (from Part 3, co!. C total, below) . . . . . . . . . . . . , . . . , . . . .... .., . 4 5 Exemption allocated to transfers not shown on Part 3, below. You must attach a Notice of Allocation. (See Instructions.) . ...... ,............ ., . . . . . . . . . . . . . . . 5 6 Add ilnes 4 and 5 . ... 6 7 Exemption available lor future transfers (subtract line 6 from line 3) . . ...... ... .. ..' .... 7 1,010,000. Part 3 -- Tax Computation A ! B C D E F G H It",m No Net transfer Inciusion Ratio Maximum Applicable Rate Generatlo n- Skipping Itrom (from Schedule C, GST Exemption Divide co!. C (subtract coL D Estate (multiply co!. E Transfer Tax Sen, -:, Allocated by co!. B ~an 1) Part t. cO!. F) from 1.000) Tax Rate by co!. F) (multiply col B by col G) 1 55% (.55) 2 55% (.55) 3 55% (.55) 4 55% (.55) 5 55% (.55) I; 55% (.55) 55% (.55) 55% (,55) 55% (.55) 55% (.55) Total exemption claimed. Enter here and on ilne 4. Part 2. above. Total generation-skipping transfer tax. Enter here, on May not exceed line 3, Part 2, line 14 of Schedule A, Part 3, and on line 16 of the Tax above. . ..... O. Computation on page 1. . . . . . . . .. . . . O. (il more space is needed, anach additional sheets of same size.) CAA 9 7094 NTF 23929 GLD 5850 Form 709 (1999) Supplemental Schedules -1999 Name: SARA M. EMRICK Page: 1 SSN: 190-09-2698 Form 709 - Page 2, Schedule A, Part 3 Line 11 - Charitable Deductionr Less Exclusions I tern Number Description Value, Less Exclusion 1 CASH AND SECURITIES 275,171. 275,171. ----------- ----------- ~ Merrill Lynch Philanthropic Financial Senices Merrill Lynch Trust Company (Florida) 50 North Laura Street Suite 3650 Jacksonville. Florida 32202 Reply to Sender at this Mailing Address: PO Box 30531 New Brunswick. NJ 08989.0531 Toll Free Number: 888.673.7555 August 30, 1999 \ :\0\ ~ Sara M. Emrick C/O Quiet Oaks 9500 SW Highway 200 Ocala. FL 34481 RE: The Emrick Charitable Lead Annuity Trust TMA# 700-74C70 Revision to letter dated August 25. 1999 Dear Mrs. Emrick: During our follow-up review of your Annuity Trust it was noticed that an incorrect IRS Discount Rate was used in the Actuarial Calculations of your Gift Tax Deduction. This resulted in an understatement of the Gift Tax Deduction amount. The correct Gift Tax Deduction amount is $330,624.46. Enclosed is the corrected actuarial calculation worksheet. please use this amount when detennining your individual deduction. We regret any inconvenience this may have caused. to contact me. . If you have any questions please f7el free ,.') ~i ,'. ,i"., ", ,. "i t h, C (, (!' r (1, '(( "-' \' (; \ . ./:~ -..- ,. ',. ,-', r '.~ .-- '- '- - J ;$.//O,QX) rbs S eC,u" I D-e'5 --/144, 32.K.1; -f-n5lY\ 'sCUD_ 5nncJ(Tr-- ..~, -;w -;;)G ~~"3 Si;werely, / II / ,_ / . ,I /' y/' . . ,I, (/ ./' r'" Y,. , , "'7'.:.) I )' {-.' / I Barbara Knudson,' Trust Officer CC: Gary Rigby ML TC Tax Services -$ \60p:-o. ~y, IiwJ Em (f C ~ 17"'t{d.. .._._-.---_._-_...~...~~ MERRILL.L YNCH TRUST , ' r"~pared for: . . ,e Emrick CLA T August 27, 1999 Deduction Calculations Actuarial Calculations 5% Non-Grantor Lead Annuity Trust ASSUMPTIONS: [1 ] Fixed Term [2] Trust Principal Cost Basis of Property [3] Payout Rate [4] Payment Schedule PQIAI Emf! ~l 5oro. t('l'\rt<...k ~ 7'-f1f,'3~.G::l 10 years $894,328.93 $0.00 f> I:J'O/;)OQ 5% Quarterly at end [5] Discount Rate under IRC Section 7520(a) for 6/1999 6.4% CALCULA liONS: (6) Value of $1 for measuring lives/term on [1]. rate on [5) (Table B in IRS Publication 1457 (1999)) 7.2226 [a] Adjustment factor for schedule on [4], rate on [5] (Table K in IRS Publication 1457 (1999)) [b] Adjusted value of $1 ([6] x [6a]) (Reg.20.2031-7(d)(2)(iv)) 1.0237 [7] Annual Payment to Charity ([2J x [3]) [8J Gift Tax Deduction ([6b) x [7)) AA",I Slr<; ~I'f\ r1 t.l pr<"r\tk 7.3938 ., 7:,,-0'0 .. '31.~r~,'tS =- $44,716.45 ~ 53,'153 '$/ ~ .).7'>//lfJ,9S- "0- $330,624,46 [9] Taxable Portion of Principal ([2] - [8]) " 94-lr'f/". 49 ~ b'l, I:n 9~ ::: $563,704.4 7 / / ~.. Prepared by: LAS These calculations are estimates of gift benefits; your actual benefits may vary depending on tile timing of your gift, Form 709 United States Gift (and Generation-Skipping Transfer) Tax Return (Section 6019 of the Intemal Revenue Code) (For gifts made during calendar year 2002) .. See separate Instructions. Department of the Treasury I nternaJ Revenue Service Donor's first name and middle initial OMS No. 1545.0020 2002 SARA M. 4 Address (number, street, and apartment number) EMRICK 3 Dono(. .ocl.1 .e<:urity number 2 Donor's last name 163-09-7818 5 Legal residence (domicile) (county and state) CUMBERLAND PA 7 Citizenship P 31 CREEK BANK DRIVE A 6 City, state, and ZIP code R T MECHANICSBURG PA 17050 8 9 G 10 E N E R A L USA If the donor died during the year, check here. ~ and enter date of death. _ _ _ _ _ _ _ __ if you received an extension of time to file this Form 709, check here. ~ 0 and attach the Form 4868, 2688, 2350, or extension letter Enter the total number of donees listed on Schedule A - count each erson onl once. ~ Consentin spouse's sl nature" 1 Enter the amount from Schedule A. Part 3, line 15. 2 Enter the amount from Schedule B, line 3. . 3 Total taxable gifts (add lines 1 and 2) . . . 4 Tax computed on amount on line 3 (see Table for Computing Tax in separate instructions). 5 Tax computed on amount on line 2 (see Table for Computing Tax in separate Instructions) . 6 Balance (subtract line 5 from line 4). . 7 Maximum unified credit (nonresident aliens, see instructions). . 2 8 Enter the Unified credit against tax allowable for all prior periods (from Schedule B, line 1, column C). . . 9 Balance (subtract line 8 from line 7). . 10 P A R T T A X Enter 20% (.20) of the amount allowed as a specific exemption for gifts made after September 8. 1976, and before January " 1977 (see instructions) . . . . . . . . . . . . . . , , 11 Balance (subtract line 10 from line 9) . . . . . . . . . , . .. . . . . . . . 12 Unified credit (enter the smaller of line 6 or line 11). . . 13 Credit for foreign gift taxes (see instructions) . 11 a Have you (the donor) previously filed a Form 709 (or 709-A) for any other year? If the answer is 'No,' do not complete line 11 b .. . . .. . ....... ........ ... ... ........... ..... ............ . .............. 11 b If the answer to line l1a is 'Yes,' has our address chan ed Since ou last filed Form 709 or 709-A ? . 12 GiftS by husband or wife to third parties. - Do you consent to have the gifts (including generation-skipping transfers) I made by you and by your spouse to third parties dunng the calendar year considered as made one-half by each of N you? (See Instructions.) (If the answer is 'Yes,' the following information must be furnished and your spouse must F Sl n the consent shown below. If the answer is 'No,' ski lines 13-18 and 0 to Schedule A.) . . . . . , . . . . . . . . . . . .. . o 13 Name of consentin souse 14 SSN R 15 Were ou married to one another durin M A 16 It the answer \0 15 is 'No,' check whether married T 17 Will a ift tax return for this calendar ear be filed b I o 18 Consent of Spouse - I consent to have the gifts (and generation-skipping transfers) made by me and by my spouse to third parties N dUring the calendar year considered as made one-half by each of us. We are both aware of the Joint and several liability for tax created by the execution of this consent. C o M A P T U T T A A ~ T c I H 0 E N c K o R 14 Total credits (add lines 12 and 13). 15 Balance (subtract line 14 from line 6) (do not enter less than zero). 16 Generation-skipping transfer taxes (from Schedule C, Part 3, column H, T ota\) . 17 Total tax (add lines 15 and 16). 18 Gift and generation-skipping transfer taxes prepaid with extension of time to file. 19 If line 18 IS less than line 17, enter balance due (see instructions). 20 If line 18 IS reater than line 17, enter amount to be refunded. M o N E Y 1 x X ~ Date .. 1 61,347. 2 469,158. 3 530,505. 4 167,087. 5 145,314 . 6 21,773. 7 345,800. 8 145,314. 9 200,486, 10 11 200,486. 12 21,773. 13 14 21,773. 15 O. 16 17 O. 18 19 20 Under penalties of perjury, I declare that I have examined this return, ioclud.ln9 any accompanyi~ 'Schedules and statements, and to the bes. t of my knowledge and belief It IS tnJe. correct, and complete. Declaration of preparer (other than donor) l~ based on all infonnation of which preparer has any knowledge o Sign R Here o E R ~ Signature of donor Date ..... J. Thomas Coole ,... Ocala, FL 34471 BAA For Disclosure, Privacy Act, and Paperwork Reduction Act Notice, see separate Instructions. H Paid Preparer's ~ ~ Preparer's signature E Use Only CPA 610 Check if self-employed. ~ 622-9890 Form 709 (2002) Form 709 2002 SARA M. EMRICK 163-09-7818 :". "':'. ..,..'",... Com utation of Taxable Gifts Includin Transfers in Trust A Does the value of an Item listed on Schedule A reflect an valuation discount? If the answer is 'Yes,' see instructions. Yes No B 0'" Check here if you elect under section 529(c)(2)(B) to treat any transfers made this year to a qualified state tUition program as made ratably over a 5-year period beginning this year. See instructions. Attach explanation. 1 G'ft S b' 0 I G'ft T Part - I S U )Iect nlvto I ax. Gifts less Dolitical oraanization, medical, and educational exclUSIOns - see instructions A B C D E Item . Donee's name and address Donor's adjusted Date Value at number . Relationship to donor (if any) basis of gift of gift date of gift . Description of gift . If the gift was made by means of a trust, enter trust's EIN and attach a description or copy of the trust instrument (see instrs) . If the qlft was of securities: aive CUSIP number See Attachment 72,347. Total of Part 1 (add amounts from Part 1, column E). . .. 72, 347 . Part 2 - Gi,fts that ~re Pirect Skips ~nd are Subject to Both Gift Tax and Generation-Skipping Transfer Tax. You must list the gifts In chronological order. Gifts lessJ2,olitica/organization. medical and educational excluSions - see Instructions (Also list here direct skips that are subject only fo fhe GST tax af this time as the resuJi of the termmatlon of an 'estate tax mcluslon period. ' See mstructions:) A B C 0 E Item . Donee's name and address Donor's adjusted Date Value at number . Relationship to donor (if any) basis of gift of gift date of gift . Description of gift . If the gift was made by means of a trust, enter trust's EIN and attach a description or copy of the trust instrument (see instrs) . If the qlft was of securities; aive CUSIP number Total of Part 2 (add amounts from Part 2, column E).. Part 3 - Taxable Gift Reconciliation 1 Total value of gifts of donor (add totals from column E of Parts 1 and 2) . 2 One-half of Items attributable to spouse (see instructions) . 3 Balance (subtract line 2 from line 1). 4 GiftS of spouse to be Included (from Schedule A, Part 3, line 2 of spouse's return - see instructions). . . If any of the gifts Included on this line are also subject to the generation-skipping transfer tax, check here ~ 0 and enter those gifts also on Schedule C, Part ,. 5 Total gifts (add lines 3 and 4). . 6 Total annual exclUSions for gifts listed on Schedule A (including line 4, above) (see Instructions) 7 Total Included amount of gifts (subtract line 6 from line 5). Deductions (see Instructions) 8 GiftS of Interests to spouse for which a marital deduction will be claimed, based on Items of Schedule A . 9 ExclUSions attnbutable to gifts on line 8 . . 10 Mantal deduction - subtract line 9 from line a . 11 Chantable deduction, based on Items less exclUSions. . 12 Total deductions - add lines 10 and 11. 13 Subtract line 12 from line 7. . 14 Generatlon.sklpplng transfer taxes payable with this Form 709 (from Schedule C. Part 3, column H, total). . 15 Taxable IftS (add lines 13 and 14). Enter here and on line 1 of the Tax Com utation on a e 1. (If more space IS needed. attach additional sheets of same size.) BAA FDGA0102l 09/27102 ~ 72 347. 72 347. 72,347, 11,000. 61,347. 61,347. O. 61,347. Form 709 (2002) SARA M. EMRICK 163-09-7818 Pa e3 ~ . Com utation of Taxable Gifts continued 16 Terminable Interest (QTIP) Marital Deduction. (See instructions for line 8 of Schedule A.) If a trust (or other property) meets the requirements of qualified terminable interest property under section 2523(1), and a The trust (or other property) is listed on Schedule A, and b The value of the trust (or other property) IS entered in whole or in part as a deduction on line 8, Part 3 of Schedule A, then the donor shall be deemed to have made an election to have such trust (or other property) treated as qualified terminable Interest property under secliOn 2523(1). if less than the entire value of the trust (or other property) that the donor has included in Part 1 of Schedule A is entered as a deduction on line 8, the donor shall be considered to have made an election only as to a fraction of the trust (or other property). The numerator of this fraction IS equal to the amount of the trust (or other proferty) deducted on line 10 of Part 3, Schedule A. The denominator is equal to the total value of the trust (or other property) listed in Part of Schedule A. If you make the QTIP election (see instructions for line 8 of Schedule A), the terminable interest properly involved will be included in your spouse's gross estate upon his or her death (section 2044). If your spouse disposes (by gift or otherwise) of all or part of the qualrfying life Income Interest, he or she will be considered to have made a transfer of the entire property that is subject to the gift tax (see Transfer of Certain Lite Estates In the Instructions). 17 Election Out of QTIP Treatment of Annuities n .. Check here if you elect under section 2523(1)(6) NOT to treat as qualified terminable interest property any jOint and survivor annuities 'u1'at are reported on Schedule A and would otherwise be treated as qualified terminable Interest property under section 2523(1). (See Instructions. Enter the Item numbers from Schedule A tor the annuities tor which ou are makin this election .. ... .:'i m- Gifts From Prior Periods If you answered 'Ves' on line 11a of page 1, Part 1, see the instructions for completing Schedule B. If you answered 'No; skip to the Tax Computation on page 1 (or Schedule C, if applicable). A B C 0 E Calendar year or Internal Revenue office Amount of unified Amount of speCific Amount of calendar where prior return was filed credit against gilt tax exemption for prior taxable gifts quarter for periods after periods ending before (see Instructions) December 31, 1 976 January 1, 1977 04/1999 Atlanta, GA 145,314, O. 469,158. 1 Totals for prior periods . . . . . .. 11 145.314. O. 469,158. 2 Amount. It any, by which total specific exemption, line 1, column D, is more than $30,000 . 2 3 Tota~i(Eount of taxable gifts for prior periods (add amount, column E, line 1, and amount, if any, on line 2. Enter here and on line 2 of the Tax Com-outation onoaae 1 S . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . 3 469,158. BAA (If more space is needed. attach additional sheets of same size.) FDGAOI03L 12/13102 Form 709 (2002) 163-09-7818 Pa e 4 utation of Generation-Ski in Transfer Tax Note: Inter ViVOS direct skips that are completely excluded by the GST exemption must still be fully reported (mcluding value and exemptions claimed) on Schedule C. P G Sk' T f art 1 - eneratlon- ,IDDlna rans ers A B C D E F Item Number Vaiue Split Gifts Subtract column C Nontaxable Net Transfer Wom Schedule A, wom Schedule A, (enter 1/2 from column B portion of transfer (subtract column E art 2, column A) art 2, column E) of column B) from column D) (see instructions) If you elected gift splitting and your spouse was Split gifts from Value inciuded Nontaxable Net transfer reqUlfed to file a separate Form 709 (see the Instructions for 'Split Gifts'), you must enter all spouse's Form 709 from spouse's portion of transfer (subtract column E of the gifts shown on Schedule A, Part 2, of your (enter item number) Form 709 from column D) spouse's Form 709 here. In column C, enter the Item number of each gift In the order It appears In column A of your spouse's Schedule A, Part 2. We have preprinted the prefix'S.' to distingUish your spouse's Item numbers from your own when you complete column A of Schedule C, Part 3. In column D, for each ~ift, enter the amount reported In column Cj chedule C, Part 1, of your spouse's Form 09. Part 2 - GST Exemption Reconciliation Section 2631) and Section 2652(a~ i) Election Check box" U if you are making a section 2652(a)(3) (special QTIP) election (see instructions) Enter the Item numbers (from Schedule A) of the gifts for which you are making this election .. 1 Maximum allowable exemption (see instructions). . . . . . . . . . ".,.,. . . . . , . . . .. . . . . , . .... . . . . , . 1 1,000,000. 2 Total exemption used for periods before filing this return . ..... .... ..... 2 3 Exemption available for thiS return (subtract line 2 from line 1). . . ... 3 1,000,000. 4 Exemption claimed on this return (from Part 3, column C total, below). 4 S Exemption allocated to transfers not shown on Part 3, below. Vou must attach a Notice of Allocation. (See Instructions.) . .... ... ..... ..... S 6 Add lines 4 and 5. 6 7 ExempMn available for future transfers (subtract line 6 from line 3) . ... 7 1,000,000. Part - Tax omDutatlon A B C D E F G H Item Number Net transfer GST Exemption Divide Inclusion Ratio Maximum Applicable Rate Generation-Skipping (from (from Allocated column C by (subtract Estate (multiply Transfer Tax Schedule C, Schedule C, column B column D Tax Rate column E by (multiply column B Part 1) Part 1, column F) from 1.000) column F) by column G) 50% (.50) 50% (.50) 50% (.50) 50% (.50) 50% (,50) 50% (,50) 50% (.50) 50% (.50) 50% (.50) 50% (.50) Total exemption claimed. Enter here and on line 4. Part 2, Total generation-skipping transfer tax. Enter here, on line 14 above. May not exceed line 3, O. of Schedule A, Part 3, and on line 16 of the Tax Computation 0, Part 2, above on pace 1. . . . , . . . . . . . 3 C (If more space is needed, attach additional sheets of same size.) BAA FOGA0104L 07/18102 Form 709 (2002) Form 709 Social security number Donor's name 163-09-7818 utation of Taxable Gifts Part' . Gifts Subiect Onlv to Gift Tax, Gifts less political oraanization, medical, and educational exclusions - see instructions A . Donee's name and address BCD Item . Relationship to donor (if any) Donor'.s adjusted Date number . Description of gift basIs of gift of gift . If the gift was made by means of a trust, enter tl\lst's EIN and attach a description or copy of the trust \nstJument (see instructions) . If the gift was of securities, give CUSI? number 1 ALBERT MILLER 31 CREEK BANK DRIVE MECHANICSBURG, PA 17050 BROTHER CASH 0, 0, Total Schedule A, Part 1 s E Value at date of gift $ 72,347. 72,347, '.iH'..... --UG,.-CU(.l....) Co.t.;.. - oJ"'; ..._....-:~.;-;';.:..-- llL...t"''\.l.l,....1.... L..I'.""-[' ,."o,Jo,J. \,..'-'. ... -.;,_ . _.. a .achavi- BlInk Account No, WINS 2079950011563 .: ... ......... ~..... .... .. .~~ . I ,. lIIInI' ...,. ..... ......... .- .. -o"211aa. eol'~115C!D"'5DDIIS'if IDOD nlSIlDOI' ck I I -"" I" 'lJ -.. .. w ~. ,." I .. !' ~ - .. f',1 !] ~ , ~ I '- .' . -j .. \ -- -.. ..~ I' - .:, ~ t.' . A. . ,. . ...:.. . 0 ,. VIew Past 0... AmDUnt Serial No SIIQUer1c:11 No I 09/2812004 $27.858.00 1121160 126180504 Cl Wachovla CDPpCII'atIon, 2004 TOTAL P.03 it,l)) ~IU) IU,v.\U;/l)-'J This is to certifY thar rhis'is a true copy of rhe record which is on tile In rhe Pennsylvania Division' of Viral Records III accordance wirh Act 66, P.L. 304, approved by the General Assembly, June 29, 1953. WARNING: It is illegal to duplicate this copy by photostat or photograph, ~ ~!/~ No. Charles Hardester Stare Registrar Calvin B. Johnson, M.D., M.P.H. Secrerary of Health 3428440 MAR 0 9 2005 Dare HIOS.14.3A.v.2J81 COMMONWEALTH OF PENNSYLVANIA. OEPARTMENT OF HEALTH. VITAL RECORDS CERTIFICATE OF DEATH 121135 TYPElPAINT '" PERMANENT 8lACKINK Sara Miller Sf< .. Female STAl"1E FIlE NUIoIBER $OCtAl SlCURITY NUMBER ..163 - 09 21, 2003 NAME OF DECEDENT IF"$!. M~. L~ AGE(li$!Bor1l\O:Iv) UNOeR 1 yt;AA ......... - UNDER 1 0A't 8lATHPUCE (Colyand P1.ACE OF DEATH ICI'>ecl<<>NJ....... __ ....'ucloOrtSonOlheo_~ SlaleorFcr-.gnCor.nlrYI HOSPfTAL.; __0 ,. ... FACIUTY NAME (111\01 "'SI'l\.IIIor>. <.7>"t S1rHl iU'I~ num~, g::'YIO .. COUNTY OF DER"H 89 '" Hout1l 1 W~.. ').-\ ... Cumberland RACE. A-.::an lndia.., B1-..;1r;.WI\iI.. MC: tSpeciyl White DECEDENT'S USUAl OCCUFW1ON t~-"~IiI,:;,,~~=:r 11.. Accountant l1b. Communications DECEDENT'S UAIlING AOOAESS($lr-. CityfT<)wn.~. ZopCodolI DECEOENT'S ACTUAl.. RESIDENCE (SH",SInIl:I""'" onOl\tlr$lOe1 SUAVI\lINQ SPOUSE (.""'..Il""'~""""'" Drive PA 17050 .. prlng N/A 4255 Nantucket 1..Mechanicsburg J FATHER'S NAME tFirs!. loA.,.... LioSll .... ".. Cumberland 11d.0 ~"':':":='" 1ol0THEA.S NAME tF~$I. 104_. Ma,,*, Surname) d,_. ... IHFOAMANT'S NAMe fT-".Prinll James Randolph.Page Miller J, Linden Sanders, Jr. DATE OF DISPOSITION RenloYilllrotnSl..,.O (Momh.Oay.'IUr) o December 22, 2003 ... Fannie Fredericka Schmidt INFOFWANT'S MAlL.JIltO AOORESS tSarMl. QlyfTcMn. $!Me. lip Cooel ....4255 Nantucket Drive, Mechanicsburg. PA 17050 Pl..ACE OF DIsPOSITION. Name olCemetery. C'''''-'' LOCATION .CIIyJ'Town, Stil.. ZlpCode orCltherPlac. " ffi S S o ~ . . < z DATE OF INJURY (ManIn.Oay.'l'ur1 OESCRIBE HON INJURY OCC\JARED. __ 0 Pendingll1\/eSClg.1l1on 0 Couldnacb.-d.l.....ined 0 o "-. 21a. ClRTIF\EAIO>.ckorolyonel .CEATIFYWG PHYSICIAN (PhySlClo8llC~ eauwol C1Hlh ""'.. iI'IOIh. physcoall I'\aspronounced dUIl'l a/'IOCornpleled IIem 23] To~~oI"'y~ge...ItI_WI'elld"'Io""ceuae('I.ndm......r".I.tad.. .PRONOUNCtNQ AND CERTIFYINQ I"tlYSIClA.N {PI>y<oc"", bolt> ...onouncong 0'..", af"d ce<l,r~ 10 cause '" ~.""'l To the beat o. my k....wledg.. daaltlocclIffK .tlha lima. dat....ncI plac...nd It... 101M u"M(.'.nd "'.......... al..tH.. .MEDlCAL EXAMINER/CORONER On the b~ o'..aminatlon an4Ior Invutigation. In my opinion, dUlh occurred; allhe 11m.. d.l.. and plK., and du.lo lit. uUH(alancf 311.m"'^"......t..led...................... ............................................................................ AEGISTRA.I'I.S SIGNATURE AND NUMBER l.l.;l,.;l.,;l.141 , < II. ~~/1b/L~~4 ~~;34 /l/lLtJ:J:J:JtJ ~A~iuIU~~'~ A~~C INC ~A~l 1:J4 ~~ ~ BankofAmerica ~ 4~ ~ .J PAUL C EMRICK OR SARA M EMRICK OR J.LlNDEN SAND~.RS .m Ii Per. 2 of 3 Statemont Period J2-0!l-O~ through OHI7.(l4 Number of chock. .nclo..d, 3 B040Cl'04 0000002 Account Numbl!l' 0011 5172 1619 ~~. .:=~'::. :~:,.~~:'.~~~?:-~:~;r:~.;~~~ ~r!':~?'~~~~.~~~~:'~'~:~'~'~:~:!'f~[1i':~:f:i~~''''T1!tJT:y~~~~'1m~O';:,~~~,!;;;::!:~{;';:-~.r~'~;::::?:'T[~7Pf}~f'~!?!!J!!li)~~~:r:;e.;~f~): .,...a ~"'_''''''''~~'',l-...' ....~ ;:.. ...- -..~ 't'- :;c ...~~...~..,.;,. .....I'<';."..,,;4..,......""~ ,".....e 1-..,.~(.,;-!;.1.)~.~-\... '...;!'4~ r.::\c't..;~cl"~.~.:-"....;-.:.,-!..l' ~.~"~~.._.,,...~: " 'h.- ...<:-.~......"".......,~..~..,.l./~:.;J"'~.,' ~ ~ .- .. ':or' ~.." .,. ......., .. T. .\ .." '.. "'.-Io"t" ,L ......- ~ ~. .:<;.-, ,.~" :.v-.-..... ;)-' ~{< lJ' . . .' - < /'1;....~. .- .... .l.... ~, ........ ., y...."~...,,......;.~..~ t{.... 'l';:-~ '.~"....'::"-'::.;......, '". .'..1 ....'~.. ': ..!.Y:: :..:.:1 ~;. ~ ~r. t:..~~: ~."t~ ~ 1\.~;~-~\~ 1~ '~'''''r-;~:-} t: ~.~:;:::~~:::.,;;.r.}..'.. ~.:"C'"~.~.<. ':-:l'~~~~ ~"~~~~~~~~~ ~.C'~.:.4;,:.:~7-~.:..:-.-r:....~ft~;.:~:~t~. 6;ii@.... ;~::;~ :~~~~:::~--:..:~-... .~~~~.>.::~f1.::~ ...~:~:'.,'~ ~:~ti.i.,~..~~l:~::~:.""~.~~~ :!~;t)~.~.4f~~P.~~~~~~~w;~~;[i{i~:~.-..t :~fL~~::~::~f~;?;~/~~]~~~:~{~:~ ~}~~~I~~~~~~~0~:t~;~: Your Accouu.t at a Glance Account Number ...i...................................... 0011 5172 1618 Beginning Balance ;.on 12.09-03................... $ 97.57 Deposits Qnd Other Additions............. + 119.53 Checkll Posted........................................ . 717.50 Eadiag Balanee on 01-07-04................. $ 99.60 Annual Pe~centaife Yield Earned this Statement Pe~i"d: .0.16% InteNlst Paid Year to Date: $0.01 Your account has olJeNiraft p~otection p~olJided by Deposit Account numbe~ 0011 52176832. . The monthly maintenance fee for your Interest Checking Account # 0011 5172 1618 will be waived when your average -.dai.ly balji,nce.-in.-c:Qm.biJUla...ch"ckins.~d..lin.lted .sQvins"r.Money Msrket.$aving.s,...DD..Dr. IRA. .lI.c.eo.u.nt.a.=o.ets the_ ... balance level 8tate~ in.the Personal Schedule of Fel!s, Your combined deposit bala.nce for the statement cycle was . $81,738,05. As an AdvQntage customer, you also have other ol>tionll such as U.9ing loan. line of credit and mortgage balances with us, to avoid the monthly maintenance fee. Please contact WI if you would likll to talk with us about your account. '04!' Interest Checking Additions Deposits and Oth"" AdditioDS ; Of America FL;Des = interl!st ;ID = 91000032888034 '---'1!:1f DAte: 031216:Indn:Interest Transfer Overdraft Protectio'n From 00001152176832 Overdraft Protection From 00001152176832 Overdraft Protection From 00001152176832 lntereGt Earnl!d Total Deposits and Other Additions Date Posted 12.15 12-17 12-22 01.06 01-07 . Amount($) 19.52 200.00 300.00 200.00 0.01 $719.63 Interest Checking Subtractions Checks .Posted Checlc Date Numb..,. Posted 1104 12-17 - --~.- -----. ... . Total Cheeks Post'ed Amount($) 227.19 Check Date Numb.... Posted Amount($) Check Date Number Posted Amount($) 165.31 "$717:00 1105 12-22 . 325.00 1106 01-06 .-.-.-4." ----..-.-..-. -----....- -.- Daily Balance Summary DatI! Balance Dste Balance Date Balance Beginning 12.15 97.57 117.09 12-17 '.2-22 89.90 64.90 01.06 01.07 99.59 99.60 . .0 . . .~' 99-60 + 200.00 - 0.01 165.31 + 000 64' 90 l( Bg/15/2BB4 Bg:34 71 77285558 PARTQIDGE'& ASSC INC PAGE B5 iE ,. BankofAmerica ~ ~? ~ ~ PAUL C EMRICK OH SARA M EMRICK OR J LINDE~ BANDERS J1l. Pale 3 of S Stll.tenu!JIt. Period 12.09.03 throlllh 01.07.04 N.nnbor or c,,"cko enclosed: 3 B 04 0 C P 04 0000003 Account Number: 0011 6172 1618 Yout- ACleo~t at a Glanee Account Number .......................................... 0011 5217 6832 Beginning Balance on 12-09.03................... $ 81,557.10 Depo.ibl and Other Addition.............. + 2,101.94 Other Subtractions................................ - 700.00 Endin. Balance on 01-07-04................. . 82,II5IU4 AnlluQi Percentage Yield Earned this Stateffl/lnt Period: 1.06% Interest Paid Year to Date: $70.41 Money Market Savings Additions i);~ait~ ~ci Oth~ A~&ti;~. Date Poliretr.n... ......>\1n0UJlt($). . US Treaaury 312 ,iDes = civil Serv;Id = r 1473816 W car. Eft" Date: 04010:l:;Indn:Sara M EPlJ'ick US Treaaury 803 ;Dea;; HOC See ;Id;; xxxxx781BA SSA Eft". Date: 040102;lnd.n:Sara M Emr~ck AT&T Management ;Dea"'ppd Efts ild;;~18 EfT Date: 040102;lncln:Emrick, Sara M Acnat Attlnedb iDea = Inisc jld = XXlCCt7818 l!:ft" Date: 040102jIndn:8ara Emrick : !!'eat Earned '-.,./ Total Depositl and Other Additiona 01:02 01-02 01.02 01-02 01.07 875.00 660.00 320.43 176.10 70.41 $2.101.94 Oth~ Subtractions Money Market Savings Subtradions Date po.tad Overdraft Proteetion To 00001151.721618 Overdraft; Proteetion To 00001161721618 Overdraft Protection To 00001161721618 Tot~ Other SubtractioDs 12-17 12-22 01-06 Amount($) 200.00 300.00 200.00 $700.00 Daily Balance Summary Date -. . -. Ba.lan"Ce . -.-------Uiite.---~.----1ralBl'ice-.. ......---.-"Datr---'- .-.S1dance'-.-.'---.'u Beginning 12-17 81,557.10 81,357.10 12.22 01.02 81,057.10 83,088.63 01.06 01-07 82,888.63 82;969.04 Need help making your drelUll or Ii collep education a reality? Visit www.bankOfamence.com/etudl!Dtbankins for collese planning tools, financial advice and infol'lTl&tion on your student loan optiolUl. . '-'. 82.959'04 + 2,101'94 - 200-00 + 001 81,057-10 )( INCOME ACCRUAL WORKSHEET (For TMA funding from CMA) CMA# Asset Total Income Collected in CMA after 000 Income at 000 collected in CMA Income collected in CMA post death net of accrued income $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0,00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 TOTALS $0.00 $0.00 Less accruals not collected in CMA, to be collected in TMA Net adjustment to income Red - Principal portion of income collected in CMA Blue - Amount transferred from CMA to TMA that should be income. $0.00 $0.00 $0.00 Date of Death: 12/21/2003 Valuation Date: 12/21/2003 Processing Date: 02/09/2004 Shares or Par 1) 2) 31 4) 5) 6) 7) 8) 9) 101 Security Description 200 ABBOTT LABS (002824100) COM NYSE 12/19/2003 12/22/2003 200 ALCOA INC (013817101) COM NYSE 12/19/2003 12/22/2003 140 ANTHEM INC (03674B1041 COM NYSE 12/19/2003 12/22/2003 260 AMERICAN INTL GROUP INC 1026874107) COM NYSE 12/19/2003 12/22/2003 220 BROADCOM CORP (111320107) CL A NASDAQ 12/19/2003 12/22/2003 Estate Valuation High/Ask 46.60000 46.50000 37.90000 37.99000 74.23000 73.19000 64.80000 64.80000 34.20000 34.17000 200 BANK OF AMERICA CORPORATION (060505104) COM NYSE 12/19/2003 79.35000 12/22/2003 79.29000 Low/Bid 46.13000 H/L 46.05000 H/L 36.62000 H/L 37.30000 H/L 72.54000 H/L 72.21000 H/L 64.00000 H/L 64.27000 H/L 33.13000 H/L 33.16000 H/L 78.65000 H/L 78.66000 H/L Div: 0.8 Ex: 12/03/2003 Rec: 12/05/2003 Pay: 12/26/2003 500 CENDANT CORP (151313103) COM NYSE 12/19/2003 12/22/2003 500 CITIGROUP INC 11729671011 COM NYSE 12/19/2003 12/2212003 140 CHEVRONTEXACO CORP (166764100) COM NYSE 12/19/2003 12/22/2003 850 CISCO SYS INC (17275R102) COM NASDAQ 12/19/2003 12/22/2003 21. 82000 21. 86000 48.27000 48.50000 83.68000 83.44000 24.25000 24.05000 Page 1 21. 40000 H/L 21. 55000 H/L 47.82900 H/L 48.08000 H/L 83.16000 H/L 82.73000 H/L 23.70000 H/L 23.80000 H/L Estate of: Sara Emrick Trust Account: 700-74C94 Report Type: Date of Death Number of Securities: 46 File 10: 700-74-1 Mean and/or Div and lot Security Adjustments Accruals Value 46.320000 9,264.00 37.452500 7,490.50 73.042500 10,225.95 64.467500 16,761.55 33.665000 7,406.30 78.987500 15,797.50 160.00 21. 657500 10,828.75 48.169750 24,084.88 83.252500 11,655.35 23.950000 20,357.50 This report was produced with EstateVal, a product of Estate Valuations & Pricing Systems, Inc. If you have questions, please contact EVP Systems at (818) 313-6300 or www.evpsys.com. (Revision 7.0.2) Oiv: 0.125 Ex: 12/11/2003 Rec: 12/15/2003 Pay: 01/02/2004 200 FEDERAL NATL MTG ASSN (3135861091 COM NYSE 12/19/2003 12/22/2003 Div: 0.25 Ex: 12/10/2003 Rec: 12/12/2003 Pay: 01/02/2004 550 GAP INC DEL (364760108) COM NYSE 12/1912003 12/22/2003 Date of Death: 12/21/2003 Valuation Date: 12/21/2003 Processing Date: 02/09/2004 Shares or Par Security Description High/Ask 11) 180 COLGATE PALMOLIVE CO (194162103) COM NYSE 12/19/2003 12/22/2003 50.15000 49.89000 121 80 DANAHER CORP DEL 12358511021 COM NYSE 12/19/2003 12/22/2003 91. 75000 91.95000 13) 350 DELL INC (24702R101) COM NASDAQ 12/19/2003 12/22/2003 33.87000 33.27000 14) 220 ENTERGY CORP NEW (29364G1031 COM NYSE 12/19/2003 12/22/2003 56.40000 56.93000 15) 470 EXXON MOBIL CORP (30231G1021 COM NYSE 12/19/2003 12/22/2003 39.66000 39.52000 161 300 FIRST DATA CORP 1319963104) COM NYSE 12/19/2003 12/22/2003 38.94000 39.59000 17) 220 FEDERATED DEPT STORES INC DEL (31410H1011 COM NYSE 12/19/2003 46.25000 12/22/2003 46.30000 18) 70.65000 73.53000 191 200 GANNETT INC 13647301011 COM NYSE 12/19/2003 12/22/2003 88.49000 87.94000 201 22.79000 23.20000 Low/Bid 48.56000 H/L 48.92000 H/L 90.13000 H/L 90.56000 H/L 33.21000 H/L 32.80000 H/L 55.70000 H/L 56.05000 H/L 39.30000 H/L 39.20000 H/L 38.08000 H/L 38.58000 H/L 45.38000 H/L 45.35000 H/L 69.75000 H/L 70.49000 H/L 87.31000 H/L 87.29000 H/L Div: 0.0222 Ex: 12/17/2003 Rec: 12/19/2003 Pay: 01/07/2004 22.30000 H/L 22.45000 H/L Estate of: Sara Emrick Trust Account: 700-74C94 Report Type: Date of Death Number of Securities: 46 File 10: 700-74-1 Mean and/or Div and rot Security Adjustments Accruals Value 49.380000 8,888.40 91. 097500 7,287.80 33.287500 11,650.63 56.270000 12,379.40 39.420000 18,527.40 38.797500 11,639.25 45.820000 10,080.40 27.50 71.105000 14,221.00 87.757500 17,551.50 50.00 22.685000 12,476.75 12.21 Page 2 This report was produced with EstateVal, a product of Estate Valuations & Pricing Systems, Inc. If you have questions, please contact EVP Systems at (BIB) 313-6300 or www.evpsys.com. (Revision 7.0.2) Date of Death: 12/21/2003 Estate of: Sara Emrick Trust Valuation Date: 12/21/2003 Account: 700-74C94 Processing Date: 02/09/2004 Report Type: Date of Death Number of Securities: 46 File 10: 700-74-1 Shares Security Mean and/or Div and Int Security or Par Description High/Ask Low/Bid Adjustments Accruals Value 21) 120 GENENTECH INC (3687104061 COM NEW NYSE 12/19/2003 92.35000 90.90000 H/L 12/22/2003 92.08000 91.10000 H/L 91. 607500 10,992.90 22) 600 GENERAL ELEC CO (369604103) COM NYSE 12/19/2003 31.00000 30.51000 H/L 12/22/2003 31. 00000 30.73000 H/L 30.810000 18,486.00 231 200 HONEYWELL INTL INC (438516106) COM NYSE 12/19/2003 31.97000 31. 55000 H/L 12/22/2003 32.91000 31. 85000 H/L 32.070000 6,414.00 241 350 HEWLETT PACKARD CO (4282361031 COM NYSE 12/19/2003 22.21000 21.97000 H/L 12/2212003 22.20000 21.99000 H/L 22.092500 7, 732.38 Div: 0.08 Ex: 12/15/2003 Rec: 12/17/2003 Pay: 01/07/2004 28.00 251 190 INTEL CORP (4581401001 COM NASDAQ 12/1912003 31.14500 30.36000 H/L 12/22/2003 30.79000 30.17000 H/L 30.616250 5,817.09 261 150 INTERNATIONAL BUSINESS MACHS 1459200101 ) COM NYSE 12/19/2003 93.25000 92.67000 H/L 12/22/2003 93.50000 92.78000 H/L 93.050000 13,957.50 27) 240 INTL PAPER CO (4601461031 COM NYSE 12/19/2003 42.51000 41. 83000 H/L 12/22/2003 42.49000 42.09000 H/L 42.230000 10,135.20 28) 390 J P MORGAN CHASE. CO 146625H100) COM NYSE 12/19/2003 35.78000 35.34000 H/L 12/22/2003 36.11000 35.65000 H/L 35.720000 13,930.80 291 200 JOHNSON & JOHNSON (478160104) COM NYSE 12/19/2003 50.20000 49.89000 H/L 12/22/2003 50.48000 49.89000 H/L 50.115000 10,023.00 301 170 LOWES COS INC 15486611071 COM NYSE 12/l9/2003 55.80000 54.84000 H/L 12/2212003 55.63000 54.03000 H/L 55.075000 9,362.75 Page 3 This report was produced with EstateVal, a product of Estate Valuations & Pricing Systems, Inc. If you have questions, please contact EVP Systems at (818) 313-6300 or www.evpsys.com. (Revision 7.0.2) Date of Death: 12/21/2003 Valuation Date: 12/21/2003 Processing Date: 02/09/2004 Shares or Par 311 32) 33) 34) 351 36) 37) 38) 39) 40) Security Description 200 MCDONALDS CORP (5801351011 COM NYSE 12/19/2003 12122/2003 800 MICROSOFT CORP (594918104) COM NASDAQ 12/19/2003 12/22/2003 450 NEXTEL COMMUNICATIONS INC (65332V1031 CL A NASDAQ 12/19/2003 12/22/2003 400 NOKIA CORP 1654902204) SPONSORED ADR NYSE 12/19/2003 12/22/2003 250 PEPSICO INC (7134481081 COM NYSE 12/19/2003 12/22/2003 High/Ask 25.02000 25.19000 27.55000 27.43000 26.16000 25.95000 17 .35000 17 .09000 47.34000 47.24000 Estate of: Sara Emrick Trust Account: 700-74C94 Report Type: Date of Death Number of Securities: 46 File ID: 700-74-1 Low/Bid Mean and/or Div and Int Security Adjustments Accruals Value 23.59000 H/L 24.11000 H/L 27.19000 H/L 26.97000 H/L 25.51000 H/L 25.60000 H/L 17.03000 H/L 16.94000 H/L 46.92000 H/L 46.67000 H/L Div: 0.16 Ex: 12/10/2003 Rac: 12/12/2003 Pay: 01/02/2004 620 PFIZER INC (717081103) COM NYSE 12/19/2003 12/2212003 210 SEARS ROEBUCK & CD (812387108) COM NYSE 12/19/2003 12/22/2003 34.44000 34.69000 45.32000 45.10000 34.01000 H/L 34.02000 H/L 44.41000 H/L 43.72000 H/L Div: 0.23 Ex: 11/25/2003 Rec: 11/28/2003 Pay: 01/02/2004 400 STAPLES INC (855030102) COM NASDAQ 12119/2003 12/22/2003 230 SYSCO CORP (871829107) COM NYSE 12/19/2003 12/22/2003 240 TEXAS INSTRS INC (8825081041 COM NYSE 12/19/2003 12/22/2003 26.57000 26.37000 36.82000 36.24000 28.89000 28.97000 Page 4 25.97000 H/L 25.96000 H/L 35.90000 H/L 35.55000 H/L 28.32000 H/L 28.10000 H/L 24.477500 27.285000 25.805000 17 .102500 47.042500 34.290000 44.637500 26.217500 36.127500 28.570000 4,895.50 21,828.00 11,612.25 6,841.00 11,760.63 40.00 21,259.80 9,373.88 48.30 10,487.00 8,309.33 6,856.80 This report was produced with EstateVal, a product of Estate Valuations & Pricing Systems, Inc. If you have questions, please contact EVP Systems at (818) 313-6300 or www.evpsys.com. lRevision 7.0.2) Oate of Death: 12/21/2003 Valuation Date: 12/21/2003 Processing Oate: 02/09/2004 Shares or Par Security Description 41) 180 UNITEO TECHNOLOGIES CORP (913017109) COM NYSE 12/19/2003 12/22/2003 42) 100 XL CAP LTO (G98255105) CL A NYSE 12/19/2003 12/22/2003 High/Ask 94.98000 95.05000 74.92000 76.93000 Low/Bid 93.52000 H/L 93.60000 H/L 73.85000 H/L 74 .01000 H/L Div: 0.48 Ex: 12/04/2003 Rec: 12/08/2003 Pay: 12/31/2003 280 WAL MART STORES INC (931142103) COM NYSE 12/19/2003 12/22/2003 43) 53.01000 53.20000 52.34000 H/L 52.08000 H/L Oiv: 0.09 Ex: 12/17/2003 Rec: 12/19/2003 Pay: 01/05/2004 150 WELLS FARGO & CO NEW (949746101) COM NYSE 12/19/2003 12/22/2003 441 451 4480 MFS SER TR III (552984403) MUN HI INCM B NASDAQ 12/19/2003 46) 170 AMGEN INC (0311621001 COM NASDAQ 12/19/2003 12/22/2003 Total Value: Total Accrual: Total: $574,360.41 RB-Account Terminations Group 58.18000 58.15000 62.15000 61. 75000 Portfolio Endnotes Page 5 57.70000 H/L 57.66000 H/L 8.24000 Bid 61.25000 H/L 60.93000 H/L Estate of: Sara Emrick Trust Account: 700-74C94 Report Type: Date of Death Number of Securities: 46 File ID: 700-74-1 Mean and/or Div and Int Security Adjustments Accruals Value 94.287500 16,971. 75 74.927500 7,492.75 48.00 52.657500 14,744.10 25.20 57.922500 8,688.38 8.240000 36,915.20 61. 520000 10,458.40 $573,921.20 $439.21 This report was produced with EstateVal, a product of Estate Valuations & Pricing Systems, Inc. If you have questions, please contact EVP Systems at {BIB) 313-6300 or www.evpsys.com. (Revision 7.0.2) INCOME ACCRUAL WORKSHEET (For TMA funding from CMA) CMA# $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 . $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Post Date Total Income Collected in CMA after DOD Income collected in CMA post death net of accrued income Income at 000 collected in CMA Asset TOTALS $0.00 $0.00 Less accruals not collected in CMA, to be collected in TMA Net adjustment to income $0.00 $0.00 $0.00 Red - Principal portion of income collected in CMA Blue - Amount transferred from CMA to TMA that should be income. INCOME $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Income Post Date Asset G~13ji.~AWdi::R:~;'I4'~~i\ll.:9~C;"!.;:'l'iiIZtJC;,;;:.il.y.,...j'ol. .' L~~~_~tt~~~~~~~1~'iil~,(<~1Jj~i!!~1~~4.!i:a{\- Accrued Income Income collected in CMA at ODD post death net collected in CMA of accrued income Total Income Collected in CMA after ODD TOTALS $0.00 $0.00 Less accruals not collected in CMA, to be collected in TMA Net adjustment to income $0.00 $0.00 $0.00 Red - Principal portion of income collected in CMA Blue - Amount transferred from CMA to TMA that should be income. Estate Valuation The Paul Emrick CRUT Date of Death: 12/21/2003 Valuation Date: 12/21/2003 Processing Date: 10/28/2004 Shares or Par security Description Low/Bid High/ASk 1) 2685.359 MERRILL LYNCH BASIC VALUE FD (590190104) CL I NASDAQ 12/19/2003 29.92000 Bid 2) 4229.993 MERRILL LYNCH EQUITY DIVID FD (589927201) CL I NASDAQ 12/19/2003 12.30000 Bid 3) 4954.31 MERRILL LYNCH FUNDAMENTAL GRWT (589958107) CL I NASDAQ 12/19/2003 16.19000 Bid 4) 3511.383 MERRILL LYNCH GLOBAL ALLOCATN (589939107) CLI NASDAQ 12/19/2003 14.64000 Bid 5) 5169.6 MERRILL LYNCH LARGE CAP SER FD (59021R747) LRG CAP CORE I NASDAQ 12/19/2003 10.53000 Bid 6) 11599.375 MERRILL LYNCH BD FD INC (590907200) CORE BD CL I NASDAQ 12/19/2003 11.76000 Bid 7) 2369.773 MERRILL LYNCH SHORT TERM US GV (59022A107) CLI NASDAQ 12/19/2003 9.50000 Bid Total Value: Total Accrual: Total: $477,349.16 Portfolio Endnotes LRR-Account Te~inations Group Page 1 Estate of: The Paul Emrick CRUT Account: 700-74C62 Report Type: Date of Death Number of Securities: 7 File ID: 70074C62-Emrick CRUT Mean and/or Div and lnt Security Adjustments Accruals Value 29.920000 80,345.94 12.300000 52,028.91 16.190000 80,210.28 14.640000 51,406.65 10.530000 54,435.89 11. 760000 136,408.65 9.500000 22,512.84 $477,349.16 $0.00 This report was produced with EstateVal, a product of Estate Valuations & Pricing Systems, Inc. If you have questions, please contact EVP Systems at (818) 313-6300 or www.evpsys.com. (Revision 7.0.2) .5JtAA /1. eJ..11P..1:Ck TRUST I, SARA M. EMRICK, of Citrus County, Florida, hereby transfer to SARA M. EMRICK, as Trustee, the property identified in the attached Schedule of Property. ARTICLE I A. General provisions This Trust shall, for convenience, be known as the Sara M. Emrick Trust Agreement dated July 25, 1996, and it shall be sufficient that it be referred to as such in any deed, assignment, bequest or devise. B. Additions to Corpus I, or any other person with the consent of the Trustee, may add to the principal of the Trust created herein by deed or will or otherwise. Such additions shall be covered by the provisions hereof, the same as if originally included herein. C. Laws Governinq This Agreement shall be construed and regulated in all regards by the laws of the state of Florida. D. Interpretation of Trustee Discretion Notwithstanding any other provision to the contrary, in the management, investment and distribution of this Trust Fund, the Trustee shall consider vested and first beneficiaries as the Trustee's primary interest and responsibility, and the Trustee shall consider contingent and/or remainder beneficiaries as the Trustee's secondary interest and responsibility. ARTICLE II Administration Durinq Lifetime of SETTLOR A. Riqht to Revoke and Amend the Trust I expressly reserve the right, at any time and from time to time, during my lifetime, by instrument in writing delivered to the Trustee, to alter, amend, or revoke this Agreement, either in whole or in part, provided, however, that if altered or amended, the duties, powers, and responsibilities of the Trustee shall not be substantially changed without the Trustee's consent. In case of revocation, all property held in trust hereunder, or that part thereof as to which the Agreement may be revoked, shall be delivered by the Trustee to me or in accordance with my written directions. B. Disposition of Income and Princi~al 1. Income Distributions: During my lifetime and while the Trust shall include cash securities or other property productive of income, the Trustee shall manage and invest and reinvest the TRUST ESTATE, shall collect the income thereof and shall pay over the net income to me and/or apply the same for my benefit in convenient installments unless I direct by written instrument that the net income earned by the Trust shall be accumulated and reinvested as part of the TRUST ESTATE. However, such written instrument shall not restrict the power of the Trustee granted below unless it does so by specific reference. 2 2. Principal Distributions: In addition, the Trustee, during my lifetime is hereby authorized, at any time or from time to time, and in the Trustee's absolute discretion, to: A. pay to me for my use, care, support, maintenance or general welfare, or to apply for any such purposes any part or all of any of the assets comprising the TRUST ESTATE, and; B. to pay to me, or on my behalf, the amount of any and all taxes, state, county or federal or otherwise, caused by the sale or possession of any of the assets comprising the TRUST ESTATE, or charged against me or the TRUST ESTATE under the laws of the State of Florida or the united States of America, or other appropriate laws, dealing with the taxation of tangible or intangible personalty or realty which is part of the TRUST ESTATE; 3. Incompetency or Disability: In the event that I am adjudicated to be incompetent, or in the event that I am not adjudicated incompetent, but by reason of illness, mental or physical disability, am, in the opinion of the Trustee, unable to properly handle my own affairs, then, and in that event, the Trustee may apply for my benefit such sums from the net income and from the principal of this Trust in such shares and proportions as in Trustee's sole discretion the Trustee shall determine to be necessary or advisable from time to time for my use, care, support, health and maintenance of my standard of living as long as the assets of the funds permit. The "standard of living" to be maintained includes living in my private residence with such 3 assistance and health care as are necessary for my safety and comfort. A. Definition of Disability: Disability shall mean any time during my lifetime, that any Trustee hereunder receives a notice in writing signed by my physician indicating that I am too disabled to continue my involvement except as beneficiary in this Trust. Upon receipt of such notice, I am to be relieved of all powers hereinabove reserved by me in my individual or fiduciary capacity, such powers shall cease and terminate, and upon delivery of such notice to the Trustee, the Trustee shall continue to have those powers with respect to the TRUST ESTATE given in this Trust Agreement. B. Definition of Incompetency: Incompetency shall mean any period of time in which any Trustee hereunder is in possession of any of the following: (1) a court order, which such Trustee deems jurisdictionally proper and still currently applicable, holding me to be legally incompetent to act in my own behalf or appointing a guardian of my person and/or property to act for me; (2) duly executed, witnessed and acknowledged written certificates, of two licensed physicians (each of whom represents that he or she is certified by a recognized medical board), each certifying that such physician has examined me and has concluded that, by reason of accident, physical or mental illness, progressive or intermittent physical or mental deterioration, or other similar cause, I had, at the date of the written certificate, 4 become incompetent to act rationally and prudently in my own best interests; or (3) evidence, which such Trustee deems to be creditable and still currently applicable, that I have disappeared, am unaccountably absent, or am being detained under duress where I am unable, effectively and prudently, to look after my own financial best interests. ARTICLE III Administration Upon Death As of the date of my death, the Trustee shall provide for payment out of the trust principal, without seeking reimbursement or recovery from any person, of all (a) my legally enforceable debts, including debts owed by me to a Trustee individually, except debts which constitute a lien or encumbrance on real property, (b) the expenses of my last illness and funeral, (c) the administration expenses payable by reason of my death, and (d) the estate, inheritance, and other death taxes (including interest and penal ties, if any, but excluding any generation-skipping tax) payable in any jurisdiction by reason of my death (including those administration expenses and death taxes payable with respect to assets which do not pass under this trust) other than that part of any such death taxes attributable to property in which I have a qualifying income interest for life or over which I have a power of appointment and with respect to which the personal representative of my estate shall be authorized to seek reimbursement or recovery. However, in no event shall any amount not otherwise included in my 5 gross estate for federal estate tax purposes, nor any property traceable to any such amount, be used to pay the preceding items. The Trustee shall certify to the personal representative of my probate estate the extent to which the principal available for payment of the preceding items is or will be insufficient. Any generation-skipping tax resulting from a transfer occurring under this instrument shall be charged to the property constituting the transfer in the manner provided by applicable law. ARTICLE IV Upon my death, but after providing for the payments, if any, required by Article III of this instrument, the Trustee shall distribute all of my AT&T stock to my brother, ALBERT MILLER. The Trustee shall distribute the entire remaining balance of the principal as well as accumulated interest in equal shares to the following: A. One-third (1/3) to my son, J. LINDEN SANDERS, JR.; B. One-third (1/3) to my granddaughter, DEBORAH SANDERS; C. One-third (1/3) to my grandson, PETER SANDERS. In the event that any of the foregoing predecease me, the share of the deceased beneficiary shall be given, per stirpes, to their living issue, if any. In the event that any of the above- named individuals predecease me and leave no decendents able to take pursuant to the terms of this Trust Agreement, then the share of that individual or individuals shall be equally divided among and added to the shares of the others who may survive or who, if 6 they shall not survive me, shall leave decendents able to take under the terms of this Trust Agreement. ARTICLE V The Trustee shall distribute the shares created under section II above, as follows: A. All shares created for the benefit of any beneficiary then surviving, shall be distributed outright to said beneficiary. B. All shares created for the benefit of the issue of a deceased beneficiary's living issue shall be administered pursuant to section c, below. C. In the event that any beneficiary hereunder has not attained the age of twenty-five (25) years at the time of distribution, then, the Trustee shall hold that beneficiary's share in trust for the beneficiary and those trusts shall be administered as follows: 1. Upon the beneficiary attaining the age of twenty- five (25) years, the principal and any accumulated income shall be distributed to the beneficiary free of trust. 2. Notwithstanding the foregoing, the Trustee may pay to or apply for the benefit of any beneficiary, such sums from the income and principal as the Trustee shall, in its sole discretion, determine to be necessary or advisable from time to time for the medical care, education, support and maintenance and reasonable comfort of the beneficiary. 3. Upon the last distribution of the shares hereunder, the Trustee shall terminate the Trust. 7 ARTICLE VI Appointment of Trustee The Trustee of this Trust shall be SARA M. EMRICK. Upon my death, resignation or incapacity, J. LINDEN SANDERS, JR., shall be the successor Trustee. The provisions of this Article shall apply to each trust held under this instrument: A. As used in this Trust, the term "Trustee" refers to Co- Trustees, a sole Trustee or any alternate or successor Trustee. Any alternate or successor Trustee shall have the fullest power and authority in all matters and on all questions as if originally appointed. If at any time a beneficiary eligible to receive net income or principal distributions is under legal disability, or in the opinion of the Trustee is incapable of properly managi~g his or her financial affairs, then the Trustee may make those distributions directly to the beneficiary, to a lawful guardian of the beneficiary, or to a custodian selected by the Trustee for the beneficiary under a Uniform Transfers to Minors Act or similar applicable law, or may otherwise expend the amounts to be distributed for the benefit of the beneficiary in such manner as the Trustee considers advisable. As used throughout this instrument, the term "lawful guardian" shall mean 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 a court-appointed guardian) where no guardian of the estate has been appointed. 8 B. Except as otherwise provided in this instrument, all income accrued or undistributed at the termination of any interest shall be treated as if it has accrued or been received immediately after that termination. C. Among the circumstances and factors to be considered by the Trustee in determining whether to make discretionary distributions of net income or principal to a beneficiary are the other income and assets known to the Trustee to be available to that beneficiary and the advisability of supplementing such income or assets. D. Except as otherwise provided by law, no power of appointment or power of withdrawal shall be subject to involuntary exercise, and no interest of any beneficiary shall be subject to anticipation, to claims for alimony or support, to voluntary transfer without the written consent of the Trustee, or to involuntary transfer in any event. E. Any trust principal or net income as to which a power of appointment is exercised shall be distributed to the appointee or appointees 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. In determining whether a testamentary power of appointment has been exercised, the Trustee may rely on a will admitted to probate in any jurisdiction as the will of the holder 9 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. F. Notwithstanding any other provision of this instrument, at the end of twenty-one years after the death of the last to die of myself and my beneficiaries who are living at my death, the Trustee shall distribute the principal and all accrued or undistributed net income of the trust to the beneficiary for whom the trust is named. G. For all purposes of this instrument, in determining whether a person is a child or descendant of any other person, legal adoption before the person adopted reached the age of twenty- one years, but not thereafter, whether single or successive, shall be equivalent in all respects to blood relationship. H. I recognize and acknowledge that the individuals whom I have named as Trustees are also beneficiaries of one or more of the trusts established hereunder. specified in ~737.402(4) (a), expressly that the Trustee may: 1. Make discretionary distributions of either principal or income to or for the benefit of such Trustee. 2. Make discretionary allocations of receipts or expenses as between the principal and income with specific power to enlarge or shift any beneficial interest. I specifically waive the prohibition Fla. stat. (1993), and provide 10 3. Make discretionary distributions of either principal or interest to satisfy any legal support obligations of such Trustee. 4. Exercise any other power so as to cause the powers enumerated above in sections 1, 2 and 3 to be exercised on behalf of or for the benefit of, a beneficiary who is also a Trustee. ARTICLE VII Powers of Trustee A. 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 of time without limitation, and without liability for loss or depreciation in value, any property transferred to the Trustee, including partnership interests (whether general, special, or limited), even though the Trustee could not properly purchase the property as a trust investment and though its retention might violate principles of investment diversification; 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 real or personal property of the trust, 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 11 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, irrespective of whether any such individual or bank is then acting as Trustee, and to create security interests in the trust property by mortgage, pledge, or otherwise; 4. To invest in bonds, common or preferred stocks, notes, real estate mortgages, common trust funds, shares of regulated investment companies, partnership interests (whether general, special or limited), or other securities or property, real or personal, including partial interests, such as life estate, term or remainder interests, without being limited by any statute or rule of law governing investments by Trustees; 5. To make allocations, divisions, and distributions of trust property in cash or in kind, or partly in each; 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 to determine the value of any property so allocated, divided, or distributed; 6. 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, 12 voting trusts, mergers, consolidations, foreclosures, liquidations, reorganizations, or other changes in the financial structure of any corporation; 7. To cause any security or other 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; 8. To pay all expenses incurred in the administration of the trust, including reasonable compensation to any Trustee, and to employ or appoint and pay reasonable compensation to accountants, depositaries, investment attorneys-in-fact, and agents (with or powers); counsel, attorneys, without discretionary 9. To deal with the fiduciary or fiduciaries of any other trust or estate, even though the Trustee is also the fiduciary or one of the fiduciaries of the other trust or estate; 10. To compromise or abandon any claim in favor of or against the trust; 11. To lend money to the personal representative of my estate or my spouse's estate, and to purchase property from the personal representative of either estate and retain it for any period of time without limitation, and without liability for loss or depreciation in value, notwithstanding any risk, un- productivity, or lack of diversification; 12. To commingle for investment purposes the property of the trust with the property of any other trust held hereunder, 13 other than the trust named for my spouse, allocating to each trust an undivided interest in the commingled property; 13. To receive any property, real or personal, to be added to the trust, from my spouse or me in any event (and, if the Trustee consents in writing, from any other person) by lifetime or testamentary transfer or otherwise; 14. To execute instruments of any kind, including instruments containing covenants and warranties binding upon and creating a charge against the trust property and containing provisions excluding personal liability; and 15. To perform all other acts necessary for the property management, investment and distribution of the trust property. B. The powers granted in this Article shall be in addition to those granted by law and 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. Notwithstanding any other provision of this instrument, upon a written direction from my spouse, the Trustee of the trust named for my spouse shall make productive any unproductive property or shall convert the same into productive property within a reasonable time. c. 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 14 court with respect to the exercise of any power or discretion granted in this instrument. D. The Trustee's exercise or non-exercise 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. E. This instrument and all dispositions hereunder shall be governed by and interpreted in accordance with the laws of the state of Florida. F. 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. In the event my estate is not subject to probate and no personal representative is appointed, the Trustee shall prepare and file, or cause to be prepared and filed, the federal estate tax return and such other returns as may be necessary. For any such extraordinary services, the Trustee shall receive additional compensation. ARTICLE VIII Miscellaneous A. Any Trustee may resign at any time by giving prior written notice to me, if I am then living, or if I am not then living, to the beneficiary or beneficiaries to whom the current trust income mayor must then be distributed. 15 B. Except as otherwise provided in paragraphs 0 and E of this Article, if SARA M. EMRICK ceases to act as Trustee hereunder for any reason, or if any successor Trustee appointed as hereinafter provided ceases to act as Trustee hereunder for any reason, the person or persons indicated in paragraph F of this Article shall, by written instrument, appoint any person (other than a descendant of mine), or any bank or trust company, within or outside the State of Florida, as successor Trustee. c. The person or persons indicated in paragraph F of this Article may at any time, by written instrument, approve the accounts of the Trustee 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. D. 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 corporate predecessor. E. As often as the Trustee shall deem such action to be advantageous to the trusts or to any beneficiary, the Trustee may, by written instrument, resign and appoint as substitute Trustee with respect to all or any part of the trust principal, including property as to which the Trustee cannot act, any person (other than my spouse or a descendant of mine), or any bank or trust company, within or outside the State of Florida. The substitute Trustee 16 shall have all of the title, powers, and discretion of the original Trustee, but shall exercise the same under the supervision of the resigning Trustee, who shall act as adviser to the substitute Trustee. The adviser may at any time remove the substitute Trustee by written instrument delivered to the substitute Trustee. Upon the removal or resignation of the substitute Trustee, the adviser may resume the office or Trustee or may continue to act as adviser and appoint another substitute Trustee. Any adviser may receive reasonable compensation for services as adviser. F. A successor Trustee may be appointed pursuant to paragraph B of this Article and the accounts of the Trustee may be approved pursuant to paragraph C of this Article by me, if then living, or by majority in number of beneficiaries to whom the current Trust income mayor must then be distributed. If any person so designated to act is then under legal disability, the instrument of appointment or approval may be signed by the lawful guardian of such person on his or her behalf. G. 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. with the approval of the person or persons indicated in paragraph F of this Article who may approve the accounts of the Trustee, a successor Trustee may accept the account furnished, if any, and the property delivered by or for a predecessor Trustee 17 without liability for so doing, and such acceptance shall be a full and complete discharge to the predecessor Trustee. I now sign this Trust Agreement on July 25 , 1996. SETTLOR ~~.~~,. SARA M. EMRICK This instrument was signed, sealed, published, and declared by SARA M. EMRICK as her Trust Agreement in our presence, and at her request, we have signed our names as attesting witnesses in her presence and in the presence of each other on the date first written above. ~'d I(.:f~dt. U .. ~ kuJ.1"-.#Lo.,YJ residing at J~aM. =fJ / residing at <12c a-La... dJ 6a1Au) ~ ~ I)I/t ;-111 residing at d.A:. '-nr~. -:1.1. signed in the presence of: TRUSTEE r;ld fiL; C!-{ A. -:t.. U cd4 . E rst W~tness' s~nature TOIlI {..( IT. LtJcL/h First witness' Printed Name ~.tJ~ Second witness' Signature m~ftiA J< w,/I".I1 JJJ.:5 Second witness' Printed Name 4~a.. 2t. ~fiN~ SARA M. EMRICK ~ ~/ (9'7W/// Third witness'Jignature Aarri' ~. DO it" If Third Witness' Printed Name 18 STATE OF FLORIDA COUNTY OF MARION We, SARA M. EMRICK, Janice A. Ficocelli Marcia K. Williams , and Barrie E. O'Neill , the Settlor and the witnesses, respectively, whose names are signed to the attached or foregoing instrument, having been sworn, declared to the undersigned officer that the Settlor, in the presence of the witnesses, signed the instrument as her Trust Agreement, that she signed, and that each of the witnesses, in the presence of the Settlor and in the presence of each other, signed the Trust Agreement as a witness. 4~ ~L. ,c~. SARA M. EMRICK - Settlor 1-/,J~'~ A. J~t)aa. Wicress . - ~K.U~ Witness InMJ1 / ~. ()(-J{lljj'~ W'itness The foregoing instrument was acknowledged, subscribed and sworn to before me by SARA M. EMRICK, the Settlor, who is personally known to me or who has produced FL Driver's License as identification, and by Janice A. Ffcocelli , Marcia K. Williams , and Barrie E. O'Neill , the witnesses, who are personally known by me, on this 25th day of July 1996. t/:). I- .......\\'l~rlf"I.. c~ F. Ackerman l~~ ~~ MY COMMISSION , CC494211 EXPIRES - . - 0cI0ber 14. 1999 BOOlllBl TIlIlU T1IlJI' fAIN INSlIWtCE. INC. Notary Public, State of Florida Catherine F. Ackerman Printed Name My Commission Expires: This Instrument Prepared By: Catherine F. Ackerman, Esquire PATTILLO & McKEEVER, P.A. 2100 SE 17th Street, suite 300 P.O. Box 1450 Ocala, Florida 34478 (904) 732-2255 19 SCHEDULE A This Schedule is to be attached to the SARA M. EMRICK TRUST AGREEMENT dated July 25, 1996, by and between SARA M. EMRICK, as Trustor and Trustee. The following property was delivered to the Trustee by the Trustor on the 25th day of July , 1996. $10.00 ~~ ~.f:=~' SARA M. EMRICK F:\USEllIONEIllIEMRICK.TRU 20 FIRST AMENDMENT TO AND RESTATEMENT OF THE SARA M. EMRICK TRUST AGREEMENT ~ -. FIRST AMENDMENT TO AND RESTATEMENT OF THE SARA M EMRICK TRUST AGREEMENT THIS FIRST AMENDMENT TO AND RESTATEMENT OF THE SARA M. EMRICK TRUST AGREEMENT, made this q 7H day of /)C-;:]U~r , 1999, between SARA M. EMRICK, a resident of Marion County, Florida, and a citizen of the United States, as Grantor, hereinafter referred to in the first person, and SARA M. EMRICK, hereinafter referre~ to, along with her successors, as the Trustees. WITNE S SE TH: ,. ~ WHEREAS, I, as Grantor and Trustee, entered into the SARA M. EMRICK TRUST AGREEMENT on July 25, 1996 (the Trust Agreement); and WHEREAS, by the provisions of Article II of the Trust Agreement, I retained the right to . alter, amend, or revoke the Trust Agreement by written agreement; and WHEREAS, I wish to amend and completely restate the Trust Agreement. NOW, THEREFORE, the Trustees and I agree that the Trust Agreement shall be amended and restated in its entirety to read as follows: -. ARTICLE I Name of Trust With the consent of the Trustees, additional property may be transferred from time to time to this trust estate by me or by any other person, and such property shall be held and disposed of on the same terms and conditions as the property originally transferred. This trust shall be known as the SARA M. EMRICK TRUST AGREEMENT. ARTICLE II Dispositive Provisions During My Life During my lifetime, the Trustees shall pay to me or for my benefit as much of the net income or principal of the trust estate as I may request. In addition, I shall be entitled to full use and possession of any non-income producing real estate owned by the trust, specifically including my residence. In the event of my incapacity or incompetence, my Trustees shall distribute for my benefit as much of the net income or principal of the trust estate as may be necessary to insure my health and support. My incapacity or incompetence, as used in this Agreement, shall be deemed to have occurred " .~ ifany successor Trustee receives written proof that: (a) my personal physician has determined that for any cause I am unable to properly care for myself or for my property, or (b) I have been adjudicated incapacitated or incapable of managing my financial affairs by ajudge ofa circuit court of the State of Florida, or by a court of competent jurisdiction in the state in which I then reside. ARTICLE III P&YIDent of Taxes and Expenses after Death Upon and after my death, and assuming no estate of mine is probated, my Trustees shall prepare and file, or cause to be prepared and filed, the federal estate tax return and such other tax returns as may be necessary, and shall pay such taxes as may be due and payable upon my taxable estate, together with all of my just debts and funeral expenses. In the event it is necessary to probate -2- ARTICLE IV Dispositive Provisions after Death As soon after my death as reasonably practicable, but after payment of or provision for debts and expenses as provided in Article III, the remaining trust estate, together with assets distributed from my probate estate and the proceeds of any life insurance or other benefits of which my Trustees are the named beneficiaries (all of which are hereafter referred to as my trust assets), shall be divided and distributed as follows: -3- (a) Ten percent (10%) shall be distributed to my brother, ALBERT MILLER. (b) Thirty percent (30%) shall be distributed to my son, 1. LINDEN SANDERS, JR. (c) Thirty percent (30%) shall be distributed to my granddaughter, DEBORAH SANDERS. (d) Thirty percent (30%) shall be distributed to my grandson, PETER SANDERS. In the event any of my beneficiaries in (a)-(d) above should predecease me, his share shall be divided and distributed among his lineal descendants who survive me, in equal share per stripes, or if none, among my beneficiaries in (a)-(d) above who do survive me and then surviving lineal ~ descendants of any of them who predecease me, in the same proportions as their respective shares bear to each other. ( e) If any beneficiary entitled to a final distribution of my trust estate has not attained age twenty-five (25), his share shall vest but shall be held by my Trustees for his benefit until he attains age twenty-five (25) or sooner dies, at which time final distribution shall be made to him or his estate; and in the meantime, my Trustees shall pay such sums to such persons at such times as deemed necessary or advisable for his health, education or support. Any net income accumulated shall be added to principal. Upon each such beneficiary attaining age twenty-one (21), my Trustees shall thereafter pay all of the net income of his share directly to him in convenient installmen$~ at least quarterly, together with such principal sums as my Trustees deem necessary or advisable for his health, education or support. -4- ARTICLE V Powers of Trustees In the administration of any trust established hereunder, my Trustees shall have the following powers: (a) To retain any property I may contribute to this trust, either during my life or at my death, or to sell, exchange or otherwise dispose of any such property, at public or private sale, without application to court, on any terms, including the extension of credit, which they deem advisable. (b) To acquire, by purchase or otherwise, any property, real or personal, without being )~... limited by any provision ofJaw which restricts investments by fiduciaries and without regard to any principles of diversification, including, but not limited to, common and preferred stocks, bonds, mutual funds, common trust funds, general or limited partnership interests, secured and unsecured obligations and mortgages, or to sell, exchange or otherwise dispose of any such property, at public or private sale, without application to court, on any terms, including the extension of credit, which they deem advisable. (c) To acquire and pay for, exerCise, or sell any options or subscription rights in connection with securities or any other property. (d) To hold securities in the names of nominees or in bearer form. (e) To operate, repair, alter, improve, insure, grant options upon, mortgage, partition, or lease for any period oftime any real property or interest in real property held by them. -5- (f) To retain and pay, as an expense of administration, appraisers, accountants, attorneys, investment advisors, and other assistants, and to delegate discretionary and non-discretionary investment management authority. (g) To borrow money from any source and for any purpose, including, but not limited to, the payment of taxes, and to pledge or mortgage any assets held by them as security for money borrowed. (h) To make distributions from any trust created hereunder in cash or in kind, or partly in e~ch, and to allocate property other than ratably. (i) To hold property of separate trusts in common investments for convenience of ,. ".' investment or administration. (j) To enter such contracts or agreements or to compromise or settle any debts, claims or controversies as they deem necessary or advisable. (k) To vote personally or by proxy any share of stock held by them. My Trustees may freely act under all of the powers given to them after forming their judgment based upon all the circumstances as to the wisest and best course to pursue, without the necessity of obtaining the consent or approval of any interested person or any court, and notwithstanding that they may be interested in connection with the same matters in other capacities. The powers granted to the Trustees shall be deemed to be supplementary to and not exclusive of the general powers of Trustees pursuant to law and shall include all powers necessary to carry the same into effect. -6- ARTICLE VI Disabled Beneficiaries Whenever any asset of the trust established under this Agreement is required to be paid to a minor or to a person under legal disability, or to a person not adjudicated incapacitated but who, by reason of illness or mental or physical disability, is unable, in the opinion of my Trustees, to properly administer such property, then payment thereof may be made in anyone or more of the following methods: (a) (b) " beneficiary. (c) beneficiary. (d) (e) Act. Directly to such beneficiary. To the legally appointed guardian of the person or guardian 'of the property of such To some near relative of such beneficiary, to be applied for the benefit of such Directly for the benefit of such beneficiary. To a custodian for a minor beneficiary under the Florida Uniform Transfers to Minors ARTICLE vn Spendthrift Clause I direct that none of the assets or income of the trust established hereunder shall be subject to or liable for any of the debts, contracts, engagements, or taxes of any of the beneficiaries under this trust, nor shall the same be liable to execution, attachment, or any other legal process whatsoever at the suit of any creditor or otherwise, nor shall the same be subject to assignment, transfer or -7- anticipation; but all payments of principal and income as provided herein shall be made by my Trustees to the designated beneficiaries in accordance with the provisions of the trust herein provided. Provided, however, nothing in this Article shall prevent a beneficiary at any time from disclaiming or renouncing his interest in any trust created hereunder and, in the event of such renunciation or disclaimer, such beneficiary shall be treated as if he died on the effective date of such renunciation or disclaimer. ARTICLE VIII Simultaneous Death Clause _. .~ Notwithstanding anything in this Agreement to the contrary, if any beneficiary and I die under any circumstances where there is not sufficient evidence as to who died first, or that we died otherwise than simultaneously, or if any beneficiary survives me but dies within ninety (90) days of my death, for purposes of this trust, such beneficiary shall be deemed to have predeceased me. ARTICLE IX Principal and Income Determinations '. Upon the death of any income beneficiary of a trust created hereunder, including myself, any accrued but unpaid income shall be distributed as income to the next succeeding beneficiary. Otherwise, in determining whether receipts and disbursements are allocated to principal or income, the Trustees shall be governed by the principal and income law of Florida, as it may have been amended at the time of the determination. -8- ARTICLE X Revocability I hereby retain the following rights and powers: (a) The right to revoke this Agreement and the trusts hereby created, by writing delivered to the Trustees; (b) The right to revoke this Agreement and the trusts hereby created with respect to any funds, securities, or other property held by the Trustees and to require the same to be paid over, assigned and delivered to me, free from trust, by writing delivered to the Trustees; ~ (c) The right and power to amend, change and supplement this Agreement by written agreement between me and the Trustees executed in like manner as this Trust Agreement; and (d) The right and power to remove any Trustee serving hereunder, without cause, upon writing signed by me and delivered to the Trustee and to appoint a successor Trustee. ARTICLE XI Trustees Upon my death, incapacity or incompetence (as defined in Article II), or in the event I shall resign or fail or cease to serve as Trustee for any reason, l\1!?RRILL LYNCH TRUST COMPANY, a Florida corporation, shall automatically serve as successor Trustee. As long as MERRILL LYNCH TRUST COMPANY, a Florida corporation, is serving as a Trustee, the following provisions shall apply: -9- (a) Dealings with Affiliates. I recognize that MERRILL LYNCH TRUST COMPANY, a Florida corporation ("MLTC"), is a subsidiary of Merrill Lynch Group, Inc. and specifically authorize it in its sole and absolute discretion without Court order or approval: (1) To engage any corporation, partnership or other entity affiliated with ML TC (an "Affiliated Entity") to render services to any trust hereunder, including without limitation: (i) to manage or advise on the investments of the trust on a discretionary or nondiscretionary basis; (ii) to act as a broker or dealer to execute transactions with respect to the trust, including the purchase of any securities currently distributed, underwritten, or issued by any J. .~ Affiliated Entity, at standard commission rates, mark-ups or concessions, and to provide other management or investment services with respect to this trust, including custody of assets. (2) To invest the trust's assets in common trust funds maintained by MLTC and in mutual funds offered by any Affiliated Entity or to which an Affiliated Entity may render services and from which an Affiliated Entity receives compensation. (3) To purchase through or from an Affiliated Entity, acting as agent or issuer, any life insurance policy or annuity contract, including, without limitation, any variable life insurance policy or variable annuity contract, the assets under which may be allocated by ML TC to one or more separate accounts managed by an Affiliated Entity. (4) To pay for any of the foregoing services from the trust property, without reduction for any compensation paid to ML TC for its services as Trustee. (5) To retain or sell trust property, including any securities issued by Merrill Lynch & Co., Inc., and to invest and reinvest the same in all forms of property, including, without limitation, -10- stocks, bonds, mutual funds, notes, securities, or other property, including securities issued by Merrill Lynch & Co., Inc. (6) To cause or permit all or any part of the trust to be held, maintained, or managed in any jurisdiction and to hold the trust property in the name of its nominee or a nominee of any Affiliated Entity. (7) To utilize the Merri11 Lynch Consults Service ("Consults Service") or any other investment service offered by an Affiliated Entity in the management of the investment of the trusts, without regard to any resulting increase in the compensation ofMLTC or an Affiliated Entity, and to designate the trust property to be managed through the Consults Service and appoint (and, from J .~ time to time, replace) the investment manager or managers, including an Affiliated Entity, for those assets. (8) To submit to arbitration any dispute with respect to the Consults Service between the Trustee and any Consults Service investment manager, including an Affiliated Entity, or Merrill Lynch, Pierce, Fenner & Smith Incorporated or any other investment service offered by an Affiliated Entity. (b) Special Trustee. ML TC may appoint by any writing an individual or a bank or trust company to act as Special Trustee with respect to specific trust property, including any securities issued by Merri11 Lynch & Co., Inc.; any real property, including any real property owned or operated by a sole proprietorship, general or limited partnership, limited liability company, or closely-held corporation; or any interest in any such business enterprise, which is or may become an asset of this trust. The Special Trustee shall hold title to such property and have all the powers granted to the Trustees hereunder, unless otherwise limited in writing by the Trustees, to be exercised only with the -11- approval ofthe Trustees. The net income and the proceeds of sale of all or any part of that specific trust property shall be remitted to the Trustees. The Special Trustee may receive reasonable compensation for services rendered in such capacity, in addition to the compensation to which the Trustees are entitled under this Agreement. As long as there is an individual co-Trustee, the individual co-Trustee shall serve as Special Trustee. (c) Compensation ofMLTC. For its services as Trustee under this Agreement, MLTC shall be entitled to retain payment in accordance with its schedule of rates in effect at the time such compensation becomes payable, without reduction for any other fees or other compensation paid to MLTC or an Affiliated Entity, including, but not limited to, such fees or other compensation paid by ~. .~ any mutual fund, unit investment trust or other investment vehicle, or an agent. Such compensation may be paid without Court approval. (d) Acceptance of Trust Property and Indemnification for Environmental Expenses. ML TC shall not be deemed to have accepted title to, and shall not act or be obligated to act in any way as a fiduciary with respect to, any real property, including any real property owned or operated by a sole proprietorship, general or limited partnership, limited liability company, or closely-held corporation, or any interest in any such business enterprise, which is or may become an asset of the trust until (1) the appropriate environmental audit is performed at my expense or my estate's expense or the expense of the trust to determine that conditions at such real property or operations conducted by such business enterprise are in compliance with state and federal environmental laws and regulations affecting such real property or such business enterprise; and (2) ML TC has accepted such property as an asset of the trust by a separate writing delivered to me, if living, or if not, to the income beneficiary or beneficiaries of the trust (or their natural or legal guardians), and to the co- -12- Trustee, if any. In all events, MLTC may decline to accept title to or act in any way as a fiduciary as to any such property which it has determined is or thereafter may be in violation of any such environmental law or regulation. After its qualification, ML TC shall have the right to reject any property proposed to be transferred to the trust. ML TC shall be held harmless from and shall be indemnified from the trust estate and by me or my estate for any liability or expense, including reasonable attorneys' fees, incurred as a result of any violation, actual or alleged, of any environmental law or regulation with respect to any property which ML TC has actually or allegedly accepted. ML TC is expressly authorized to take such remedial action as it in its sole;and absolute discretion deems appropriate to prevent, abate, remove or otherwise respond to any actual, threatened or ':';,. alleged violation of; or otherwise comply with, any environmental law or regulation, or federal, state or local agency or Court order, affecting any such property. MLTC may employ agents, consultants or legal counsel to assist or perform such action. All costs and expenses incurred by ML TC in connection with such action shall be paid by me, the trust or my estate. ML TC also may establish reasonable reserves for the payment of anticipated environmental expenses. MLTC shall not be liable to me, my estate, any beneficiary, or any other person for any loss or diminution in the value of the trust resulting from any actual, threatened or alleged violation of any such environmental law or regulation affecting any such property or for the payment of any expense .~ of remediation thereof unless ML TC contributed thereto by its willful misconduct or gross negligence. (e) Trustee's Accountings. The Trustees may, but shall not be required to, prepare and file accountings with any court. Prior to delivering all of the property of any trust hereunder to a successor Trustee or to making any partial or complete distribution oftrust principal, the Trustees -13- may require an approval of their accounting either by a release and discharge by the beneficiary or beneficiaries of any such trust or by a court of competent jurisdiction. All of the Trustee's fees and expenses (induding reasonable attorneys' fees) attributable to any such accounting and approval shall be paid by such trust. Any successor Trustee shall serve with all the powers, discretions and immunities herein granted to my Trustees, shall have no duty to investigate or inquire into the acts of a fOlmer Trustee, and shall have no liability for acts or omissions of a former Trustee. ARTICLE XII ,. .~ Miscellaneous (a) This Trust Agreement is a Florida contract and it shall be construed according to and be governed by the laws of the State of Florida. (b) The headings used herein are intended solely for use as reference and are not intended to be a part of this Agreement. (c) Where necessary or appropriate to the meaning hereof, the singular and plural shall be interchangeable, and words of either gender shall indude both genders. .~ IN WITNESS WHEREOF, the Trustee and I have duly executed this First Amendment to and Restatement of the Trust Agreement the day and year first above written. ~w 77&. ~/??U<-~.. SARA M. EMRICK Grantor and Trustee -14- The foregoing was published, declared and signed by SARA M. EMRICK, in our presence, as and to be her First Amendment to and Restatement of the Trust Agreement and we, at her request, in her presence and in the presence of each other, hereby subscribe as attesting witnesses. ~~'ir y 6 aJ~tz of OCc...€e-, Florida of , Florida -15- . STATEOF~A COUNTY OF tl~ The foregoing instrument was acknowledged before me this q-k"day of ~~t 1999, by SARA M. EMRICK, as Grantor and Trustee, who is personally known to m~s produced a driver's license as identification. ~,\\I\\\\lIl"IiI', ....~" ~O\ J. Nel&o'll~ ~ "'...;: ......... 'IJ ~ ~ ..:",~\SSION I<'~_... ~ ~ lo" ~~. '" 6 ......,..-..0.. ..,. ~ ..~G ~c '.?a ~.. ~ = :~~ ~tP~::. E*: ...... :*= ~~o~ lGG 627645 : ~~ ~:A. ..~:-o.. ~ 1?'9"'...J:-c/9ol1deo \Y:-(~ ~r:,,~.. C)~ ~ t.. ..~..'.YFain.lns\)'~..~.<<"* ~ -O;',.........~\)'\ ~ '/" "6';:C SIII-I"- ~,.... 'JI"il~11 illll\\\\\'" J~ 128077 SECOND AMENDMENT TO THE SARA M. EMRICK TRUST AGREEMENT THIS SECOND AMENDMENT TO THE SARAM. EMRICK TRUST AGREEMENT, made this 2.8 day of _5er+~h.eY , 2000, between SARA M. EMRICK, a resident of Marion County, Florida, a citizen of the United States, as Grantor, hereinafter referred to in the first person, and MERRILL LYNCH TRUST COMP ANY, a Florida corporation, hereinafter referred to, along with its successors, as the Trustees. WIT N E SSE T H: WHEREAS, I, as Grantor and Trustee, entered into the Sara M. Emrick Trust Agreement on July 25, 1996 (the Trust Agreement); and WHEREAS, by the provisions of Article II of the Trust Agreement, I retained the right to amend, change and supplement the Trust Agreement by written agreement; and WHEREAS, I amended and completely restated the Trust Agreement by a First Amendment and Restatement, dated August 9, 1999; and WHEREAS, I resigned as Trustee of the Trust Agreement in July of2000, and as a result, MERRILL LYNCH TRUST COMPANY, a Florida corporation, became Trustee of the Trust Agreement; and WHEREAS, I wish to further amend the Trust Agreement. NOW, THEREFORE, the Trustees and I agree that the Trust Agreement shall be amended and modified as follows: ) I. I hereby restate Article IV of the Trust Agreement in its entirety to read as follows: ARTICLE IV Dispositive Provisions after Death As soon after my death as reasonably practicable, but after payment of or provision for debts and expenses as provided in Article III, the remaining trust estate, together with assets distributed from my probate estate and the proceeds of any life insurance or other benefits of which my Trustees are the named beneficiaries, shall be divided and distributed as follows: (a) Thirty-three and one-third percent (33 1/3%) shall be distributed to my son, 1. LINDEN SANDERS, JR. (b) Thirty-three and one-third percent (33 1/3%) shall be distributed to my granddaughter, DEBORAH SANDERS. (c) Thirty-three and one-third percent (33 1/3%) shall be distributed to my grandson, PETER SANDERS. In the event any of my beneficiaries in (a)-(c) above should predecease me, his share shall be divided and distributed among his lineal descendants who survive me, in equal share per stripes, or if none, among my beneficiaries in (a)-(c) above who survive me and the then surviving lineal descendants of any of them who predecease me, in the same proportions as their respective shares bear to each other. If any beneficiary entitled to a final distribution of my trust estate has not attained age twenty-five (25), his share shall vest but shall be held by my Trustees for his benefit until he attains age twenty-five (25) or sooner dies, at which time final distribution shall be made to him or his estate; and in the meantime, my Trustees shall pay such sums to such persons at such times as deemed -2- ) necessary or advisable for his health, education or support. Any net income accumulated shall be added to principal. Upon each such beneficiary attaining age twenty-one (21), my Trustees shall thereafter pay all of the net income of his share directly to him in convenient installments at least quarterly, together with such principal sums as my Trustees deem necessary or advisable for his health, education or support. 11. Except as herein modified, I hereby ratify and confirm the Trust Agreement, as previously amended or modified. IN WITNESS WHEREOF, the Trustees and I have duly executed this Second Amendment to the Trust Agreement on the day and year first above written. 4/L~. ~ SARA M. EMRICK Grantor The foregoing was published, declared and signed by SARA M. EMRICK, in our presence, as and to be her Second Amendment to the Trust Agreement and we, at her request, in her presence and in the presence of each other, hereby subscribe as attesting witnesses. ~)' of O(/Jrt..A Fi.... ~~JC\An ~ :T ~ I\Lct '--'" of () ~ bt 1 6L ~h -3- '\ I Signed and Sealed in the Presence of: ~~ b4t1% .' :r- eNN I FEie D dN N[;.L.'-t MERRILL LYNCH TRUST COMPANY, a Florida corporation ~ Its duly authorized officer Trustee -4- -, STATEOFFLO~ . I COUNTY OF - //Id--1c-#>v The foregoing instrument was acknowledged before me this .,? R ~y o~/k , 2000, by SARA M. EMRICK, as Grantor, who is personally known to me or w has produced a driver's license as identification. i'..../J~ PATRICIAA,SAPIENZA .,,~ ~ MYCOMMISSION/lCC910927 '-'torr-'of EXPIRES: Fcb 15,2004 1-1(l()o3oNOTAAY Fla. Nolaty Sforvice l Bonding Co. 1l/{<~;'A2 ~;~" Name: M7.Z?Ict.-//;' ., Y/tp '/~/fa,;l NOTARY PUBLIC, State of Florida Commission Number: tf c:! q II/ tl,,5 '7 ST ATE OF +c, COUNTY OF -;t)\)v-AL. The foregoing instrument was acknowledged before me this ;;::J. day of Oc:::rcRJf':i' , 2000, by---?Av......n. (\I\~'I , the '" Itx. ~tbf1)~ of MERRILL LYNCH TRUST COMP ANY, a Florida corporatidn, on behalf ofthe corporation, as Trustee, who is personally known to me or who has produced a driver's license as identification. Name: NOTARY PUBLIC, State of Commission Number: CG 154651/ctb KATHERINE DZENGELESKI MY COMMISSION # CC 871589 EXPIRES: October 25, 2003 Bonded Thru t~Olary fJutltic underwriters '../ TRUST AGREEMENT TRUST AGREEMENT, made this /q day of /INII . ,1998, between PAUL EMRICK, of Marion County, Florida, a citizen of the United States, the Grantor, hereinafter referred to in the first person, and MERRILL LYNCH TRUST COMPANY, a Florida corporation, hereinafter referred to, along with its successors, as the Trustees. ARTICLE I Name of Trust I hereby transfer to the Trustees the sum of Twenty and No/lOO Dollars ($20.00) cash, upon the terms and conditions set forth in this Agreement. With the consent of the Trustees, additional property may be transferred from time to time to this trust estate by me or by any other person, and such property shall be held and disposed of on the same terms and conditions as the property originally transferred. This trust shall be known as THE PAUL EMRICK LIVING TRUST. ARTICLE II Dispositive Provisions During My Life During my lifetime, the Trustees shall pay to me or for my benefit as much of the net income or principal of the trust estate as I may request. In addition, I shall be entitled to full use and possession of any non-income producing real estate owned by the trust, specifically including my residence. In the event of my incapacity or incompetence, my Trustees shall distribute for my benefit as much of the net income or principal of the trust estate as may be necessary to insure the health and support of me and my wife, SARA M. EMRICK. My incapacity or incompetence, as used in this Agreement, shall be deemed to have occurred if any Trustee receives written proof that: (a) my personal physician has detennined that, for any cause, I am unable to properly care for myself or for my property, or (b) I have been adjudicated incapacitated or incapable of managing my financial affairs by a judge of a circuit court of the State of Florida, or by a court of competent jurisdiction in the state in which I then reside. ARTICLE III Payment of Taxes and Expenses after Death Upon and after my death, and assuming no estate of mine is probated, my Trustees shall prepare and file, or cause to be prepared and filed, the federal estate tax return and such other tax returns as may be necessary, and shall pay such taxes as may be due and payable upon my taxable estate, together with all of my just debts and funeral expenses. In the event it is necessary to probate my estate, my Trustees shall pay and distribute from the trust estate to the personal representatives of my estate, as promptly as is convenient, upon the written request or certificate of the personal representatives, such sum or sums as may be required by the personal representatives with which to pay debts, funeral expenses, administration expenses and estate or inheritance taxes due and payable by my estate. Notwithstanding the direction above to my Trustees to be responsible for the payment of my estate taxes, I intend and direct that any estate, inheritance or death taxes due as a result of my death shall be apportioned in accordance with the applicable provisions of Florida and federal law. Further, notwithstanding the direction above that my Trustees pay my just debts and funeral expenses, -2- in the event no estate of mine is probated and that my Trustees pay and distribute to the personal representatives of my estate such sums as my personal repres~ntatives may require to pay my debts, funeral expenses or administrative expenses in the event it is necessary to probate my estate, property held or received by my Trustees, to the extent that such property would not have been subject to claims against my estate if it had been paid directly to a trust 'created under my will or other than to my estate, or assets received from a trust other than a trust described in Florida Statutes ~733.707(3), shall not be deemed assets of this trust available for the payment of expenses of administration, funeral expenses or enforceable claims against my estate. ARTICLE IV Distribution and Division of Remaining Trust after Death As soon as possible after my death, but after payment of or provision for debts and expenses as provided in Article ill, the remaining trust estate, together with assets distributed from my probate estate and the proceeds of any life insurance or other benefits of which my Trustees are the nJued . I beneficiaries (all of which are hereafter referred to as my trust assets), shall be held, administered and distributed as follows: (a) The sum of One Hundred Thousand and 00/100 Dollars ($100,000.00) shall be '- distributed to each of my deceased wife's nieces, JEAN R. AGOSTINI and CAROLYN E. FRANK; if either of them predecease me, the gift to that niece shall instead be paid to her lineal descendants who survive me, in equal shares per stirpes. -3- (b) If my wife, SARA M. EMRICK, survives me, or is presumed to have survived me, my Trustees shall divide my remaining trust assets, after (a) above, into two parts, hereinafter designated Share #1 and Share #2, the amount of each share to be determined as follows: (1) Share # 1 shall be an amount equal to the smallest amount (including zero) which, if allowed as a federal estate tax marital deduction and added to the aggregate value of the federal estate tax marital deductions finally allowed for interests in life insurance, in jointly owned property or in property passing under other provisions of this Agreement or under my will or which passed to mx. wife, SARA.:~. EMRICK, in any other manner, would reduce the federal estate tax to the lowest possible amount (including zero). An amount equal to Share #1 shall be held by my Trustees in a trust, the dispositive provisions of which are set forth in the following Article entitled "Marital Trust." 5 (2) Share #2 shall be the balance of my remaining trust assets, after (a) above and after deducting the amount allocated to Share #1. Share #2 shall be held by my Trustees in a trust, the dispositive provisions of which are set forth in the following Article entitled "Family Trust." (3) Since the exact value of the allowable marital deductions cannot be determined until my federal estate tax return has been audited, I direct that my Trustees, after any such audit shall have been made and final tax values established, may reallocate property between the shares to effect a proper distribution of my trust assets. (4) In making those computations necessary to determine the amount of Share # 1, it is my intent that the final determinations of amounts for the purpose of the federal estate tax shall control such computations. My Trustees shall have the sole power and discretion to pay all shares wholly or partly in cash or in kind; provided, however, that any assets selected to be distributed in -4- kind to satisfY Share #1 shall be valued at their respective fair market values at the date or dates of their distribution, and, provided further, that there shall not be included in Share # 1 any assets which do not qualifY for the marital deduction for federal estate tax purposes. (5) I intend generally that the value for federal estate tax purposes of the property in Share #1 shall be available for the marital deduction allowed by the federal estate tax law applicable to my estate and that my Trustees shall elect to treat Share #1 as qualified terminable interest property for federal estate tax marital deduction purposes. However, my Trustees may elect not to treat some or all of Sh~re #1 as qualified terminable interest property for federal estate tax marital deduction purposes, notwithstanding my above stated general intentions. In determining whether to exercise the election, and the extent to which it will be exercised, my Trustees shall consider: (a) my wife's life expectancy, (b) estimated estate taxes at her death, (c) the anticipated yield and appreciation of assets which could be used to pay the estate taxes, (d) my wife's other assets and sources of income, (e) assets available to pay my estate taxes, (f) the effect on any election to defer payment of estate taxes and (g) any other relevant factor. Once my Trustees make their determination, it shall be binding and conclusive on all beneficiaries and no Trustee shall be held liable for his determination, if made in good faith in accordance with the above guidelines. Compensating adjustments can, but need not, be made as my Trustees shall decide, between income and principal, or in determining the amount of any share, by reason of certain tax elections made by my Trustees. This shall not be construed as requiring any particular exercise or nonexercise of tax elections, regardless of their effect on the determination of the amount of any share. (6) Ifmy wife, SARA M. EMRICK, shall disclaim in whole or in part her interest in and power over any of the property contained in Share #1, then such property shaH be distributed -5- '. to my Trustees, to be held in a trust, the dispositive provisions of which are set forth hereunder in the following Article entitled "Family Trust." (c) Ifmy wife, SARA M. EMRICK, does not survive me, and is not presumed to have survived me, my Trustees shall divide my remaining trust assets, after (a) above, into two parts, hereinafter designated Share #1 and Share #2, the amount of each share to be determined as follows: (1) Share #1 shall be an amount equal to the largest amount, ifany, which would result in no increase in federal estate tax payable at my death by reason of the unified credit and the credit for state death taxes (but only ifuse of the state death tax credit does not require an increase in the state death taxes paid which are computed by reference to that state death tax credit) and available exclusions allowable to my estate; provided, however, this amount shall be calculated on the assumption that the charitable deduction is allowed for Share #2, whether or not actually allowed, and shall be calculated taking into account any property included in my federal gross estate which passes other than under this section (c) of this Article for which a charitable deduction is not available, and taking into account any lifetime transfers which constitute adjusted taxable gifts under federal tax law. Share #1 shall be held by my Trustees in a trust, the dispositive provisions of which are set forth in the following Article entitled "Family Trust." (2) Share #2 shall be the balance of my remaining trust assets after deducting the amount allocated to Share #1. Share #2 shall be distributed to the EMRICK FAMILY FOUNDATION, but if it is not then an organization described in sections 170(c), 205S(a) and 2522(a) of the Code at the time when any principal or income of the trust is to be distributed to it, then the Trustees shall distribute such principal or income to THE AMERICAN CANCER SOCIETY, Atlanta, Georgia, and UNITED WAY OF MARION COUNTY, Marion County, Florida, -6- in equal shares, but if either ofthese two organizations shall not then be an organization described in sections 170(c), 2055(a) and 2522(a) of the Code at the time when any principal or income of the trust is to be distributed to it, then the Trustees shall distribute such principal or income to one or more such organizations described in sections 170(c), 2055(a) and 2522(a) of the Code as the Trustees shall select in their sole discretion, whose purposes are similar to that organization. (3) Since the exact value of the allowable charitable deductions cannot be determined until my federal estate tax return has been audited, I direct that my Trustees, after any such audit shall have been made and final tax values established, may reallocate proRe[ty between the shares to effect a proper distribution of my trust assets. (4) In making those computations necessary to determine the amount of Share #1, it is my intent that the final determinations of amounts for the purpose of the federal estate tax shall control such computations. My Trustees shall have the sole power and discretion to pay the amount of Share #1 or Share #2, or both, wholly or partly in cash or in kind; provided, however, that any assets selected to be distributed in kind to satisfy Share #1 shall be valued at their respective fair market values at the date or dates of their distribution, and, provided further, to the extent possible, there shall not be included in Share #2 any assets which do not qualify for the charitable deduction for federal estate tax purposes. (d) Any trust property which would be immediately distributable by the Trustees ofthe Family Trust may be distributed directly to the beneficiaries thereof, to avoid the needless transfer through the Family Trust. -7- ARTICLE V Marital Trust My Trustees shall hold in trust, invest and reinvest any property designated to be held hereunder, collect and receive the income thereof, and apply the income and principal thereof, as follows: (a) My Trustees shall pay all of the net income of the trust estate, in convenient installments at least quarterly, to my wife, SARA M. EMRICK, during her lifetime. In addition, my Trustees shaU pay to or for the benefit ofmy.~ife, SARA M. EMRICK, during her lifetime, so much of the principal of this trust as my Trustees deem necessary or advisable for my wife's health or support. Also, my wife shall be entitled to full use and possession of any non-income producing real estate owned by the trust, specifically including my residence. (b) Upon the death of my wife, SARA M. EMRICK, my Trustees shall distribute to the personal representatives of my wife's estate any amounts requested by her personal representatives with which to pay the additional estate taxes attributable to the inclusion of this trust estate in my wife's estate for estate tax purposes; and the remaining trust estate shall then be paid over, conveyed, and distributed to THE EMRICK FAMILY FOUNDATION. If THE EMRICK FAMILY FOUNDATION shall have ceased to exist or shall not then be an organization described in sections l70(c), 2055(a) and 2522(a) of the Code at the time when any principal or income of the trust is to be distributed to it, then the Trustees shall distribute such principal or income to THE AMERICAN CANCER SOCIETY, Atlanta, Georgia, and UNITED WAY OF MARION COUNTY, Marion County, Florida, in equal shares, but if either of these two organizations shall not then be an organization described in sections 170(c), 2055(a) and 2522(a) of the Code at the time when any -8- p -tI--'-' ~ pOwU 0 t . ~ J Qtpo/flt-tt<''' I . principal or income of the trust is to be distributed to it, then the Trustees shall distribute such principal or income to one or more such organizatiqns described in sections 170(c), 2055(a) and 2522(a) of the Code as the Trustees shall select in their sole discretion, whose purposes are similar to that organization. ARTICLE VI Family Trust My Trustees shall hold in trust, invest and reinvest any property designated to be held hereunder, collect and receive the income thereof, and apply the income and principal thereof, as follows: (a) My Trustees shall pay to my wife, SARA M. EMRICK, until her death, all of the net income of the trust estate, in convenient installments at least quarterly, and shall pay to her so much of the principal of the trust estate as my Trustees deem necessary or advisable for her health or support. Provided, however, no distribution of principal shall be made to my wife until the available assets in the Marital Trust are exhausted. In addition, my wife shall be entitled to full use and possession of any non-income producing real estate owned by the trust, specifically including my residence. (b) Upon the death of my wife, SARA M. EMRICK, or upon my death if I survive her (date of termination), this trust shall terminate and the entire remaining trust estate shall be distributed to my wife's grandchildren, DEBORAH SANDERS and PETER SANDERS, in equal shares. If either of my wife's grandchildren, DEBORAH SANDERS and PETER SANDERS, do not survive the date of termination, then his or her share ofthis trust shall be distributed to his lineal I \ .~ -9- descendants who survive the date of termination, in equal shares per stirpes, or if none, shall be added to the other grandchild's share. (c) Ifany beneficiary entitled to a final distribution of my trust estate under section (b) above has not attained age twenty-five (25), his share shall vest but shall be held by my Trustees for his benefit until he attains age twenty-five (25) or sooner dies, at which time final distribution shall be made to him or his estate; and in the meantime, my Trustees shall pay such sums to such persons at such times as deemed necessary or advisable for his health, education or support. Any net income accumulated'shall be added to principal. Upon each such beneficiary attaining age twenty-one (21), my Trustees shall thereafter pay all of the net income of his share directly to him in convenient installments at least quarterly, together with such principal sums as my Trustees deem necessary or advisable for his health, education or support. ARTICLE VII Powers of Trustees In the administration of any trust established hereunder, my Trustees shall have the following powers: (a) To retain any property I may contribute to this trust, either during my life or at my death, or to sell, exchange or otherwise dispose of any such property, at public or private sale, without application to court, on any terms, including the extension of credit, which they deem advisable. (b) To acquire, by purchase or otherwise, any property, real or personal, without being limited by any provision of law which restricts investments by fiduciaries and without regard to any -10- principles of diversification, including, but not limited to, common and preferred stocks, bonds, mutual funds, common trust funds, general or limited partnership interests, secured and unsecured obligations and mortgages, or to sell, exchange or otherwise dispose of any such property, at public or private sale, without application to court, on any terms, including the extension of credit, which they deem advisable. (c) To acquire and pay for, exercise, or sell any options or subscription rights in connection with securities or any other property. (d) To hold securities in the names of nominees or in bearer form. (e) To operate, repair, alter, improve, insure, grant options upon, mortgage, partition, or lease for any period of time any real property or interest in real property held by them. (f) To retain and pay, as an expense of administration, appraisers, accountants, attorneys, investment advisors, and other assistants, and to delegate discretionary and non-discretionary investment management authority. (g) To borrow money from any source and for any purpose, including, but not limited to, the payment of taxes, and to pledge or mortgage any assets held by them as security for money borrowed. (h) To make distributions from any trust created hereunder in cash or in kind, or partly in each, and to allocate property other than ratably. (i) To hold property of separate trusts in common investments for convenience of investment or administration. G) To enter such contracts or agreements or to compromise or settle any debts, claims or controversies as they deem necessary or advisable. -11- (k) To vote personally or by proxy any share of stock held by them. (I) To hold the assets oftwo or more trusts or parts of such trusts created by the same instrument, or by two or more instruments if the trust provisions are substantially similar, as an undivided whole, without separation as between the assets of such trusts or parts of such trusts; but such separate trusts or parts of such trusts shall have undivided interests in such assets; and no such holding shall defer the vesting of any estate in possession or otherwise. Such authority shall include the maintenance of brokerage accounts as tenants in common with other trusts or entities. My ~rustees may freely act under all of the powersgiyen to them after forming their judgment based upon all the circumstances as to the wisest and best course to pursue, without the necessity of obtaining the consent or approval of any interested person or any court, and notwithstanding that they may be interested in connection with the same matters in other capacities. The powers granted to the Trustees shall be deemed to be supplementary to and not exclusive of the general powers of Trustees pursuant to law and shall include all powers necessary to carry the same into effect. ARTICLE VIIT Disabled Beneficiaries Whenever any asset ofthe trusts established under this Agreement is required to be paid to a minor or to a person under legal disability, or to a person not adjudicated incapacitated but who, by reason of illness or mental or physical disability, is unable, in the opinion of my Trustees, to properly administer such property, then payment thereof may be made in anyone or more of the following methods: -12- (a) Directly to such beneficiary. (b) To the legally appointed guardian of the pers~n or guardian of the property of such beneficiary. (c) To some near relative of such beneficiary, to be applied for the benefit of such beneficiary. (d) Directly for the benefit of such beneficiary. ( e) To a custodian for a minor beneficiary under the Florida Uniform Transfers to Minors Act. ARTICLE IX Spendthrift Clause I direct that none ofthe assets or income of the trusts established hereunder shall be subject to or liable for any of the debts, contracts, engagements, or taxes of any of the beneficiaries under these trusts, nor shall the same be liable to execution, attachment, or any other legal process whatsoever at the suit of any creditor or otherwise, nor shall the same be subject to assignment, transfer or anticipation; but all payments of principal and income as provided herein shall be made by my Trustees to the designated beneficiaries in accordance with the provisions of the trusts herein provided. Provided, however, nothing in this Article shall prevent a beneficiary at any time from disclaiming or renouncing his interest in any trust created hereunder and, in the event of such . renurtciation or disclaimer, such beneficiary shall be treated as ifhe died on the effective date of such renunciation or disclaimer. -13- ARTICLE X Simultaneous Death Clause Notwithstanding anything in this Agreement to the contrary, ifmy wife, SARA M. EMRICK, and I die under any circumstances where there is not sufficient evidence as to who died first, or that we died otherwise than simultaneously, for purposes of this trust, my wife shall be deemed to have survived me. Provided, further, if any beneficiary other than my wife survives me but dies within ninety (90) days of my death, he shall be deemed to have predeceased me. ARTICLE XI Principal and Income Determinations Upon the death of any income beneficiary ofa trust created hereunder, including myself, any accrued but unpaid income shall be distributed as income to the next succeeding beneficiary. Otherwise, in determining whether receipts and disbursements are allocated to principal or income, the Trustees shall be governed by the principal and income law of Florida, as it may have been amended at the time of the determination. ARTICLE XII Combining Trusts In the event my Trustees are also designated the trustees of trusts created by my wife, SARA M. EMRICK, and/or me for the benefit of the same persons who are the beneficiaries under the trust created herein and on substantially the same terms and conditions as those set forth herein, then my -14- Trustees may, in their sole discretion, consolidate the assets of the trusts, to be held, administered, managed, controlled and distributed as a single trust. ARTICLE XIII Revocability I hereby retain the following rights and powers: (a) The right to revoke this Agreement and the trusts hereby created, by writing delivered to the Trustees; (b) The right to revoke this Agreement and the trusts hereby created with respect to any funds, securities, or other property held by the Trustees and to require the same to be paid over, assigned and delivered to me, free from trust, by writing delivered to the Trustees; (c) The right and power to amend, change and supplement this Agreement by written agreement between me and the Trustees executed in like manner as this Trust Agreement; and (d) The right and power to remove any Trustee serving hereunder, without cause, upon writing signed by me and delivered to the Trustee and to appoint a successor Trustee. ARTICLE XIV Trustees Any corporate Trustee shall have the power, exercisable by any writing delivered to the current beneficiary(ies), to resign as Trustee. After my death, my wife, SARA M. EMRICK, shall have the power, exercisable by any writing, to require the resignation of any corporate Trustee. In either event, I, ifliving and competent, or if not, my wite, shall, by any writing, appoint a successor .]5- corporate Trustee, which must be any financial institution with trust powers. In the event of the failure, refusal or inability of me and my wife to appoint a successor corporate Trustee, the Trustee or any beneficiary of the trust provided for in this Agreement may, at the expense of the trust, secure the appointment of a successor corporate Trustee by a court of competent jurisdiction. Any corporate Trustee shall be entitled to reasonable compensation for its services as Trustee, in accordance with its published schedule offees in effect at the time such compensation is paid. Any successor Trustee shall serve with all the powers, discretions and immunities herein granted to my Trustees, sl1aU have no duty to investigate or inquire into the acts of a former Trustee, and shall have no liability for acts or omissions of a former Trustee. As long as MERRILL LYNCH TRUST COMPANY, a Florida corporation, is serving as a Trustee, the following provisions shall apply: (a) Dealings with Affiliates. I recognize that MERRILL LYNCH TRUST COMPANY ("MLTC") is a subsidiary of Merrill Lynch Group, Inc. and specifically authorize it in its sole and absolute discretion without Court order or approval: (I) To engage any corporation, partnership or other entity affiliated with MLTC (an "Affiliated Entity") to render services to any trust hereunder, including without limitation: (i) to manage or advise on the investments of the trust on a discretionary or nondiscretionary basis; (ii) to act as a broker or dealer to execute transactions with respect to the trust, including the purchase of any securities currently distributed, underwritten, or issued by any Affiliated Entity, at standard commission rates, mark-ups or concessions, and to provide other management or investment services with respect to this trust, including custody of assets. -16- (2) To invest the trust's assets in common trust funds maintained by ML TC and in mutual funds offered by any Affiliated Entity or to which an. Affiliated Entity may render services and from which an Affiliated Entity receives compensation. (3) To purchase through or from an Affiliated Entity, acting as agent or issuer, any life insurance policy or annuity contract, including, without limitation, any variable life insurance policy or variable annuity contract, the assets under which may be allocated by ML TC to one or more separate accounts managed by an Affiliated Entity. ~ (4) To pay for any of the foregoing services from the trust property, without reduction for any compensation paid to ML TC for its services as Trustee. (5) To retain or sell trust property, including any securities issued by Merrill Lynch & Co., Inc., and to invest and reinvest the same in aU forms of property, including, without limitation, stocks, bonds, mutual funds, notes, securities, or other property, including securities issued by Merrill Lynch & Co., Inc. (6) To cause or permit aU or any part of the trust to be held, maintained, or managed in any jurisdiction and to hold the trust property in the name of its nominee or a nominee of any Affiliated Entity. (7) To utilize the Merrill Lynch Consults Service ("Consults Service") or any other investment service offered by an Affiliated Entity in the management of the investment of the trusts, without regard to any resulting increase in the compensation ofMLTC or an Affiliated Entity, and to designate the trust property to be managed through the Consults Service and appoint (and, from time to time, replace) the investment manager or managers, including an Affiliated Entity, for those assets. -17- (8) To submit to arbitration any dispute with respect to the Consults Service between the Trustee and any Consults Service investment manager, including an Affiliated Entity, or Merrill Lynch, Pierce, Fenner & Smith Incorporated or any other investment service offered by an Affiliated Entity. (b) Special Trustee. I authorize MLTC to designate in writing an individual or a bank or trust company to act as Special Trustee with respect to specific trust property, including any securities issued by Merrill Lynch & Co., Inc. or any real property, including any real property owned or operated -by a sole proprietorship, general or limited partnership, limited liability company, or closely-held corporation, or any interest in any such business enterprise, which is or may become an asset of this trust. The Special Trustee shall hold title to such property and have all the powers granted to the Trustee hereunder, unless otherwise limited in writing by the Trustee, to be exercised only with the approval of the Trustee. The net income and the proceeds of sale of all or any part of that specific trust property shall be remitted to the Trustee. The Special Trustee may receive reasonable compensation for services rendered in such capacity, in addition to the compensation to which the Trustee is entitled under this Agreement. As long as there is an individual co-Trustee, the individual co-Trustee shall serve as Special Trustee. (c) Compensation ofMLTC. For its services as Trustee under this Agreement, MLTC shall be entitled to retain payment in accordance with its schedule of rates in effect at the time such compensation becomes payable, without reduction for any other fees or other compensation paid to MLTC or an Affiliated Entity, including, but not limited to, such fees or other compensation paid by any mutual fund, unit investment trust or other investment vehicle, or an agent. Such compensation may be paid without Court approval. -18- (d) Acceptance of Trust Property and Indemnification for Environmental Expenses. ML TC shall not be deemed to have accepted title to, and shall not act or be obligated to act in any way as a fiduciary with respect to, any real property, including any real property owned or operated by a sole proprietorship, general or limited partnership, limited liability company, or closely-held corporation, or any interest in any such business enterprise, which is or may become an asset of the trust until (l) the appropriate environmental audit is performed at my expense or my estate's expense or the expense of the trust to determine that conditions at such real property or operations conducted by such business enterprise are in compliance with state and federal environmental "laws and regulations affecting such real property or such business enterprise; and (2) ML TC has accepted such property as an asset of the trust by a separate writing delivered to me, if living, or if not, to the income beneficiary or beneficiaries of the trust (or their natural or legal guardians), and to the co- Trustee, if any. In all events, ML TC may decline to accept title to or act in any way as a fiduciary as to any such property which it has determined is or thereafter may be in violation of any such environmental law or regulation. After its qualification, MLTC shall have the right to reject any property proposed to be transferred to the trust. ML TC shall be held harmless from and shall be indemnified from the trust estate and by me or my estate for any liability or expense, including reasonable attorneys' fees, incurred as a result of any violation, actual or alleged, of any environmental law or regulation with respect to any property which ML TC has actually or allegedly accepted. ML TC is expressly authorized to take such remedial action as it in its sole and absolute discretion deems appropriate to prevent, abate, remove or otherwise respond to any actual, threatened or alleged violation of, or otherwise comply with, any environmental law or regulation, or federal, state or local agency or Court order, affecting any such property. MLTC may employ agents, consultants -19- or legal counsel to assist or perform such action. All costs and expenses incurred by ML TC in connection with such action shall be paid by me, the trust or my estate. ML TC also may establish reasonable reserves for the payment of anticipated environmental expenses. MLTC shall not be liable to me, my estate, any beneficiary, or any other person for any loss or diminution in the value of the trust resulting from any actual, threatened or alleged violation of any such environmental law or regulation affecting any such property or for the payment of any expense of remediation thereof unless ML TC contributed thereto by its willful misconduct or gross negligence. . ( e) Trustee's Accountings. The Trustee may, but shall not be required to, prepare and file accountings with any court. Prior to delivering all of the property of any trust hereunder to a successor Trustee or to making any partial or complete distribution of trust principal, the Trustee may require an approval of its accounting either by a release and discharge by the beneficiary or beneficiaries of any such trust or by a court of competent jurisdiction. All of the Trustee's fees and expenses (including reasonable attorneys' fees) attributable to any such accounting and approval shall be paid by such trust. ARTICLE XV Miscellaneous (a) This Trust Agreement is a Florida contract and it shall be construed according to and be governed by the laws of the State of Florida. (b) The headings used herein are intended solely for use as reference and are not intended to be a part of this Agreement. -20- (c) Where necessary or appropriate to the meaning hereof, the singular and plural shall be interchangeable, and words of either gender shall include both genders. IN WITNESS WHEREOF, the Trustees and I have duly executed this Trust Agreement the day and year first above written. ~~~ PAUL EMRICK Grantor The foregoing was published, declared and signed by PAUL EMRICK, in our presence, as and to be his Trust Agreement and we, at his request, in his presence and in the presence of each other, hereby subscribe as attesting witnesses. >>-~tfo ~~ l~ of {)CcJc-L , Florida of <~"S#Nt/;tuf'. FJorida Signed and Sealed in the Presence of: MERRILL LYNCH TRUST COMPANY ~" uly authorized officer Trustee -21- STATE OF FLORIDA COUNTY OF /i1/tP-ION The foregoing instrument was acknowledged before ~e this ~ day of NO t/ ' 1998, by PAUL EMRICK, as Grantor, who is personally known to me or who has produced a driver's license as identification. ~~~~ Print Name: NOTARY PUBLIC, State of Florida Commission Number: """"~'''''''' ..~.r~ . Robert A. Dawkins f'("~'\'~ I.ff COMMISSION I CC616156 EXPIRES '~'~~O:l May 18, 2001 ..?,;P,f.,'r,;.... BONDED THRlJ 7llOY FAIN IN$URANOE, INC. STATE OF FLORIDA _} COUNTY OF /I-tItI2;,rJ/V The foregoing instrume,Bt was acknowledged before me this -.!2 day of fi}i)t/ \ , 1998, by ebWFt'12-b c. flI,h)"tf{e /lIcE f/2t3ik)C"/lI1"'"ofMERRILL LYNCH TRUST COMPANY, a Florida corporation, on behalf of the corporation, as Trustee, who is personally known to me or who has produced a driver's license as identification. ~---vM Print Name: NOTARY PUBLIC, State of Florida Commission Number: l~~~:~~ I Robert A. Dawkins '.\ ~'h MY COMMlSSlON , CC616156 EXPIRES .:~.iY May 18, 2001 :..,~~.. 8OHDEDTHAU7llOY FAIN INSURANCE. INC. 111435 THE PAUL EMRICK CHARITABLE REMAINDER UNITRUST The Federal Employer Identification Number for this Trust is: ad /P I 't d 703 _./' THE PAUL EMRICK CHARITABLE REMAINDER UNITRUST TRUST AGREEMENT, made this /t? day of f1j() t/ ' , 1998, between PAUL EMRICK, of Marion County, Florida, a citizen of the United States, the Grantor, hereinafter referred to in the first person, and MERRILL LYNCH TRUST COMPANY, a Florida corporation, hereinafter referred to, along with its successors, as the Trustees. ARTICLE I Name of Trust I hereby transfer and deliver to the Trustees the assets listed on Schedule A hereto, upon the terms and conditions set forth in this Agreement. This trust shall be known as THE PAUL EMRICK CHARITABLE REMAINDER UNITRUST. ARTICLE II Dispositive Provisions My Trustees shall hold in trust, invest and reinvest any property designated to be held hereunder, collect and receive the income thereof, and pay the net income and principal thereof, as follows: (a) It is my intent that this trust shall be held and shall be administered as a charitable remainder unitrust, within the meaning of Rev. Proc. 90-30 and section 664(d)(2) of the Internal Revenue Code of 1986, as then amended (hereinafter referred to as lithe Code"). (b) In each taxable year of the trust, my Trustees shall pay to me during my lifetime, and after my death to my wife, SARA M. EMRICK, for such time as she survives me, a unitrust amount (the "unitrust amount") equal to nine percent (9%) of the net fair market value of the assets of the trust valued as of the first business day of each taxable year of the trust (the "valuation date"). As used in this Agreement, my wife, SARA M. EMRICK, and I are hereinafter referred to as the "Beneficiaries" . (c) The unitrust amount shall be paid in equal quarterly amounts from income and, to the extent income is not sufficient, from principal. Payment dates for the unitrust amount shall be March 31, June 30, September 30 and December 31 of each year. Any income of the trust for a taxable year in excess of the unitrust amount shall be added to principal. (d) Iffor any year the net fair market value of the trust assets is incorrectly determined, then within a reasonable period after the value is finalJy determined for federal tax purposes, the Trustees shall pay to the Beneficiary (in the case of an undervaluation) or shall receive from the Beneficiary (in the case of an overvaluation) an amount equal to the difference between the unitrust amount properly payable and the unitrust amount actualJy paid. (e) In determining the unitrust amount, the Trustees shalJ prorate the same, on a daily basis, for a short taxable year and for the taxable year of the death of the survivor of the Beneficiaries. (t) If any additional contributions are made to the trust after the initial contribution, the unitrust amount for the year in which the additional contribution is made shall be nine percent (9%) of the sum of (i) the net fair market value of the trust assets as of the valuation date (excluding the assets so added and any income from, or appreciation on, such assets) and (ii) that proportion of the fair market value of the assets so added that was excluded under (i) that the number of days in the -2- fair market value of the assets so added that was excluded under (i) that the number of days in the period that begins with the date of contribution and ends with the earlier ofthe last day of the taxable year or the date of death of the surviving Beneficiary bears to the number of days in the period that begins on the first day of such taxable year and ends with the earlier ofthe last day in such taxable year or the date of death of the surviving Beneficiary. In the case where there is no valuation date after the time of contribution, the assets so added shall be valued at the time of contribution. (g) The Trustees shall make distributions at such time and in such manner as not to subiect this trust to tax under Section 4942 of the Code. Except for the payment of the unitrust amounts to the Beneficiaries and notwithstanding anything herein to the contrary, my Trustees: (i) shall not engage in any action of self dealing (as defined in Section 4941 (d) of the Code); (ii) shall not make any taxable expenditures (as defined in Section 4945(d) of the Code); (iii) shall not retain or make any investments that jeopardize the charitable purpose of this trust, within the meaning of Section 4944 of the Code and the regulations thereunder; and (iv) shall not retain any excess business holdings (within the meaning of Section 4943(c) of the Code). (h) The taxable year of the trust shall be the calendar year. (i) Nothing in this instrument shall be construed to restrict the Trustees from investing the trust assets in a manner that could result in the annual realization of a reasonable amount of income or gain from the sale or disposition of trust assets. (j) Upon the death of the survivor of me and my wife, SARA M. EMRICK (date of termination), the trust shall terminate and the Trustees shall distribute all ofthe then principal and income of the trust [other than any amount due either of the Beneficiaries or their estates under sections (b)-(t) above] to THE EMRICK FAMILY FOUNDATION. -3- If the EMRlCK FAMILY FOUNDATION shall have ceased to exist or shall not be an organization described in sections 170(c), 2055(a) ~d 2522(a) of the Code at the time when any principal or income of the trust is to be distributed to it, then the Trustees shall distribute such principal or income to THE AMERlCAN CANCER SOCIf;TY, Atlanta, Georgia, and UNITED WAY OF MARlON COUNTY, Marion County, Florida, in equal shares, but if either of these two organizations shall have ceased to exist or shall not be an organization described in sections 170(c), 2055(a) and 2522(a) of the Code at the time when any principal or income of the trust is to be distributed to it, then the Trustees shall distribute such principal or income to one or more such organizations described in sections 170(c), 2055(a) and 2522(a) of the Code as the Trustees shall select in their sole discretion, whose purposes are similar to that organization. (k) I reserve the right, at any time or from time to time, and I grant to my wife, SARA M. EMRlCK, the right, but only after my death but thereafter exercisable at any time or from time to time, by testamentary or inter-vivos instrument, to substitute for or add additional charitable organizations as the remaindermen of this trust. Any new charitable organization must be an organization described in sections 170(c), 2055(a) and 2522(a) of the Code or such designation shall be of no force and effect. The last effective designation shall control. (I) I intend that the trust created hereunder shall qualify as a charitable remainder unitrust within the meaning of the existing federal tax laws. My Trustees are prohibited from exercising any power or discretion granted under this instrument or applicable law that would be inconsistent with the qualification of this trust under section 664(d)(2) of the Code and the corresponding regulations. -4- (m) The lifetime unitrust interest of each Beneficiary other than me shall take effect upon my death only if that Beneficiary furnishes the funds .for payment of any federal estate taxes or state death taxes for which the Trustees may be liable upon my death. (n) Notwithstanding any other provision of this trust agreement, if any transfer of property to the trust would, but for the operation of this subsection, fail to qualify for the income, gift or estate tax charitable deduction because of the value of the remainder interest in such property, such property shall be held in a separate trust. The terms of such separate trust shall be identical to thos~e hereunder, with any modifications necessary made by the Trustees, in the Trustees' sole discretion, to qualify such separate trust under section 664 of the Code and the regulations thereunder, including but not limited to, reduction of the unitrust percentage and, if necessary, reduction of the term of the unitrust interest. ARTICLE III Powers of Trustees Subject to the restrictions of Article II, in the administration of any trust established hereunder, my Trustees shall have the following powers: (a) To retain any property which I may contribute to this trust, either during my life or at my death, or to sell, exchange or otherwise dispose of any such property, at public or private sale, without application to court, on any terms, including the extension of credit, which they deem advisable. (b) To acquire, by purchase or otherwise, any property, real or personal, without being limited by any provision of law which restricts investments by fiduciaries and without regard to any -5- principles of diversification, including, but not limited to, common and preferred stocks, bonds, mutual funds, common trust funds, general or limited partnership interests, secured and unsecured obligations and mortgages, or to sell, exchange or otherwise dispose of any such property, at public or private sale, without application to court, on any terms, including the extension of credit, which they deem advisable. (c) To acquire and pay for, exerCIse, or sell any options or subscription rights in connection with securities or any other property. (d) To hold securities in the names of nominees or in bearer form. (e) To operate, repair, alter, improve, insure, grant options upon, mortgage, partition, or lease for any period of time any real property or interest in real property held by them. (f) To retain and pay, as an expense of administration, appraisers, accountants, attorneys, investment advisors, and other assistants, and to delegate discretionary and non-discretionary investment management authority. (g) To borrow money from any source and for any purpose, including, but not limited to, the payment of taxes, and to pledge or mortgage any assets held by them as security for money borrowed. (h) To make distributions from any trust created hereunder in cash or in kind, or partly in each, and to allocate property other than ratably. (i) To hold property of separate trusts in common investments for convenience of investment or administration. G) To enter such contracts or agreements or to compromise or settle any debts, claims or controversies as they deem necessary or advisable. -6- (k) To vote personally or by proxy any share of stock held by them. My Trustees may freely act under all of the powers given to them after forming their judgment based upon all the circumstances as to the wisest and best course to pursue, without the necessity of obtaining the consent or approval of any interested person or any court, and notwithstanding that they may be interested in connection with the same matters in other capacities. The powers granted to the Trustees shall be deemed to be supplementary to and not exclusive of the general powers of Trustees pursuant to law and shall include all powers necessary to carry the same into effect. ~ ARTICLE IV Disabled Beneficiaries Whenever any asset of the trusts established under this Agreement is required to be paid to a minor or to a person under legal disability, or to a person not adjudicated incapacitated but who, by reason of ilIness or mental or physical disability, is unable, in the opinion of my Trustees, to properly administer such property, then payment thereof may be made in anyone or more of the following methods: (a) Directly to such beneficiary. (b) To the legally appointed guardian of the person or guardian of the property of such beneficiary. (c) To some near relative of such beneficiary, to be applied for the benefit of such beneficiary. (d) Directly for the benefit of such beneficiary. -7- (e) To a custodian for a minor beneficiary under the Florida Uniform Transfers to Minors Act. ARTICLE V Spendthrift Clause I direct that none of the assets or income of the trust established hereunder shall be subject to or liable for any of the debts, contracts, engagements, or taxes of any of the beneficiaries under this trust~ nor shall the same be liable to execution, attachment, or any other legal process whatsoever at the suit of any creditor or otherwise, nor shall the same be subject to assignment, transfer or anticipation; but all payments of principal and income as provided herein shall be made by my Trustees to the designated beneficiaries in accordance with the provisions of the trust herein provided. Provided, however, nothing in this Article shall prevent a beneficiary at any time from disclaiming or renouncing his interest in any trust created hereunder and, in the event of such renunciation or disclaimer, such beneficiary shall be treated as if he died on the effective date of such renunciation or disclaimer. ARTICLE VI Principal and Income Determinations In determining whether receipts and disbursements are allocated to principal or income, the Trustees shall be governed by the principal and income law of Florida, as it may have been amended at the time of the determination. -8- ARTICLE VII Irrevocability The trust created by this agreement shall be irrevocable, and except as provided below and in Article I1(k), I1(n), and Article VII.I (a), no person shall have the right to amend this trust. Provided, however, the Trustees shall have the power, acting alone, and the duty to amend the trust in any manner required for the sole purpose of ensuring that the trust qualifies and continues to qualify as a charitable remainder unitrust within the meaning of section 664( d)(2) of the Code. ARTICLE VIII Successor Trustees (a) Any corporate Trustee shall have the power, exercisable by any writing delivered to the current beneficiary(ies), to resign as Trustee. I, in am living and competent, or if not, my wife, SARA M. EMRICK, if she is living and competent, shall have the power, exercisable by any writing, to require the resignation of any Trustee. In either event, I, if I am living and competent, or if not, my wife, SARA M. EMRICK, if she is living and competent, shall have the power, exercisable by any writing, to appoint a successor Trustee, which must be any financial institution with trust powers. In the event of our failure, refusal or inability to appoint a successor Trustee, the Trustee or any beneficiary of the trust provided for in this Agreement may, at the expense of the trust, secure the appointment of a successor corporate Trustee by a court of competent jurisdiction. (b) I direct that no bond be required of any Trustee. (c) Any Trustee shall be entitled to reasonable compensation for its services as Trustee, in accordance with its published schedule offees in effect at the time such compensation is paid. -9- (d) Any successor Trustee shall serve with all the rights, powers, discretions and immunities herein granted to my Trustees, shall have no duty to inquire into acts of former Trustees and shall have no liability for acts or omissions of former Trustees. (e) As long as MERRILL LYNCH TRUST COMPANY is serving as a Trustee, the following provisions shall apply, except as limited in Article II: (I) Dealings with Affiliates. I recognize that MERRILL LYNCH TRUST COMPANY ("MLTC") utilizes the services of Merrill Lynch, Pierce, Fenner & Smith Incorporated, Mer~i11 Lynch Asset Management and other affiliates to assist in the performance of its duties as Trustee; and I specifically authorize ML TC, in its sole and absolute discretion without court order or approval: (i) To engage any corporation, partnership or other entity affiliated with MLTC (an "Affiliated Entity") to render services to any trust hereunder, including without limitation: (A) to manage or advise on the investments of the trust on a discretionary or nondiscretionary basis; (B) to act as a broker or dealer to execute transactions, including the purchase of any securities currently distributed, underwritten or issued by an Affiliated Entity, at standard commission rates, markups or concessions, and to provide other management or investment services with respect to such trust, including the custody of assets; provided, however, that an Affiliated Entity that is a "disqualified person" for purposes of Section 4941 of the Code of 1986, as amended, shall act only as agent and not as principal (except with regard to the purchase of money market mutual funds), and to pay for any such services from trust property, without reduction for any compensation paid to ML TC for its services as Trustee; -10- (ii) to invest the Trust's assets in mutual funds offered or managed by any Affiliated Entity or to which an Affiliated Entity may render services and from which an Affiliated Entity receives compensation; (iii) to cause or permit all or any part of any trust hereunder to be held, maintained or managed in any jurisdiction and to hold any trust property in the name of its nominee or nominee of any Affiliated Entity. (2) Special Trustee. I hereby appoint an independent Special Trustee (as defined in t~is paragraph) to act with respect to specific trust property when necessary as determined by MLTC to be named and designated in writing by MLTC. The independent Special Trustee shall hold title to such property and have all the powers granted to the Trustee hereunder with respect to such property, unless otherwise limited in writing by ML TC. The net income and the proceeds of sale of all or any part of that specific trust property shall be remitted to the Trustee. The independent Special Trustee may receive reasonable compensation for services rendered in such capacity, in addition to the compensation to which the Trustee is entitled under this Agreement; provided, however, that the value of property under the control of the independent Special Trustee shall not be included when calculating compensation of the Trustee. So long as ML TC exercises reasonable care, skil1 and caution in selecting the independent Special Trustee, establishing the scope and terms of the independent Special Trustee's appointment consistent with the terms of the trust and periodical1y reviewing the independent Special Trustee's actions for compliance with the scope and terms so established, the Trustee shall not be liable to the beneficiaries or the trust for the decisions and actions of the independent Special Trustee. If at any time the independent Special Trustee appointed by -11- ML TC ceases to act, ML TC shall have the power to appoint a successor independent Special Trustee. The independent Special Trustee and any successor thereto must be an "independent" Trustee. As used herein, an independent Trustee is someone other than the Grantor or persons who are "Related or Subordinate Parties" who are subservient to the wishes of the Grantor pursuant to Section 674(c) of the Code. Related or Subordinate parties as used herein shall be defined pursuant to the definition in Section 672(c) of the Code. (3) Effective Date. This trust shall be effective upon the later of the execution of the trust instrument by MLTC or the transfer of the assets or property to MLTC. For purposes of this trust, the term transfer shall mean the moment in time when ML TC actually receives the assets or title to the property in the name of ML TC or by confirming evidence of ownership of it in a trust account held in the name of the trust. (4) Compensation ofMLTC. For its services as Trustee under this Agreement, ML TC shall be entitled to retain payment in accordance with its schedule of rates in effect at the time such compensation becomes payable, without reduction for any other fees or other compensation paid to ML TC or an Affiliated Entity, including, but not limited to, such fees or other compensation paid by any mutual fund, unit investment trust or other investment vehicle, or an agent. Such compensation may be paid without Court approval. (5) Trustees' Accountings. The Trustees may, but shall not be required to, prepare and file accountings with any Court. Prior to delivering all of the property of any Trust hereunder to a successor Trustee or to making any partial or complete distribution of Trust principal, the Trustees may require an approval of their accounting either by a release and discharge by the -12- beneficiary or beneficiaries of this Trust or by a Court of competent jurisdiction. All of the Trustees' fees and expenses (including reasonable attorneys' fees) attributable to any such accounting and approval shall be paid by this Trust. ARTICLE IX Miscellaneous (a) This trust agreement is a Florida contract and it shall be construed according to and be governed by the laws ofthe State of Florida. (b) The headings used herein are intended solely for use as reference and are not intended to be a part ofthis agreement. (c) Where necessary or appropriate to the meaning hereof, the singular and plural shall be interchangeable, and words of either gender shall include both genders. IN WITNESS WHEREOF, the Trustees and I have duly executed this Trust Agreement the day and year first above written. cPa-&I'~~l PAUL EMRICK Grantor The foregoing was published, declared and signed by PAUL EMRICK, in our presence, as and to be his Trust Agreement and we, at his request, in his presence and in the presence of each other, hereby subscribe as attesting witnesses. of OCaPec , Florida of mc.e.5P/IItll~Florida -13- JUL~-'?l?I-'!. ~'?~ I;lU~ 1....1.." !':=~~ ~ ~ :.... ':":- ~~--;-: ~ ;-::..;:~ ~ Signed and Sealed in the Presence of: ~,::~ u y authorizegpffi~et ' e VICE -'-' ",' r-n~~....';I'Il1 -14- JUL-~~-~99~ ~n.~~ ~~~~ 1 L ~ ~l"r-~Cl: -:-~L:S~ ;~2 ~:; ~~72 P.04/C~ II/~I'" If: . I -"'T _,v The foregoing instrument was acknowledged before me, this .' '.' day of /;.:. ~ , 1998, by PAUL EMRICK, as Grantor, who is personally known to me or who has produced a driver's license as identification. "'\ ' . \- ) ,. , --t. ." / ~ ~~./ ) '~r. _' Name: NOTARY PUBLIC, State of Florida Commission Number: ......... A.... .ti~'~. Robert Dawkins ~(~" :'~ MY COMMISSI, ON , CC616156 EXPIRES ~"~,,.; May 18. 2001 .'J."{~'"^~- IONOED THAU TROV fAIN IHSLirwa.IJe. "i..,' /L.:.<..:;-i.e.').,}4 .'/" STATE OF Fl:.O~. COUNTY OF ,,~1-'7JL.i ,).,:J.Et , , The fOl\egoing i~rument was acknowledge~ befo.,me this #l.L day of ..tJ)...lb,-,J<.( . 1998, by ~(d' {~L.:.{.."'t..:I... , the t.UL .l,'Jl..tud' of MERRILL LYNCH TRUST C ANY, a Florida corporation, on behalf of the corporation, as Trustee, who is personally )cnown to me or who has produced a driver's license as identification, .d' /' Ci~ /i..l.hkL. L/ - , Name: NOTARY PUBLIC, State of Florida . Conunission Number; BNEARAA. COARAco NOlUf PUBLIC Of NEW JERSEY My Commission ExpIres April 17, 2002 111456 TOTAL P. 04 Glenda Farner Strasbaugh Register of Wills and Clerk of Orphans' Court Marjorie A. Wevodau First Deputy Kirk S. Sohonage, Esq Solicitor Register of Wills and Clerk of the Orphans' Court County of Cumberland One Courthouse Square Carlisle, PA 17013 (717) 240-6345 FAX (717)240-7797 INVOICE Bill To: InvoiceNo: Invoice Date: Estate of: Estate No: 265 3/23/2005 SARAMEMRICK 21-2004-0233 J. LINDEN SANDERS 31 CREEK BANK DRIVE JA MErnANIQ;BURG, PA 17050 15.00 185.00 Total $15.00 $185.00 Qty 1 1 Fee Description INHERITANCE TAX Additional Probate Fee Total: v-#= Illl $200.00 Checks should be made payable to the Register of Wills. Terms: Net 30. Please return one copy of this invoice with your payment. Thank you. v- BUREI-U Of INDIVlDUW:GOOED OmCE 0' INHERITANCE TAl< DIVISIONi~r:r')C'F:J i (, PO BOX 280601 '-;:_.\"!!,.:' .- HARRISBURG PA 17128-0601 COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF REVENUE NOTICE OF DETERMINATION AND ASSESSMENT OF PENNSYLVANIA ESTATE TAX BASED ON FEDERAL ESTATE TAX RETURN *' REY-483 EX AFP (06-05) ZOOS ,~UG 30 Pi'1 [I: 27 C\_'='l~\ ur: rr~;' \:-), DATE 08-29-2005 ESTATE OF EMRICK SARA H DATE OF DEATH 12-21-2003 FILE NUMBER 21 04-0233 COUNTY CUMBERLAND ACN 201 APPEAL DATE: 10-28-2005 (See reverse side under Objections) Amount Remitted I KAKE CHECK PAYABLE AND REMIT PAYMENT TO: J THOMAS(',tbOLEY 610 SE 17TH ST OCALA FL 34471 REGISTER OF WILLS CUMBERLAND CO COURT HOUSE CARLISLE, PA 17013 NOTE: To insure proper credit to your aceount~ ~it the upper portion of this fo~ with your tax payaent. CUT ALONG THIS LINE -+ RETAIN LOWER PORTION FOR YOUR FILES +- --------.-----------.-.--.-.----.-.----------------------------------------.-------------- REV-483 EX AFP (03-05) .. NOTICE OF DETERMINATION AND ASSESSMENT OF PENNSYLVANIA ESTATE TAX BASED ON FEDERAL ESTATE TAX RETURN .. ESTATE OF EMRICK SARA M FILE NO.21 04-0233 ESTATE TAX DETERMINATION ACN 201 DATE 08-29-2005 1. Credit For State Death Taxes as Verified 7.553.00 2. Pennsylvania Inheritance Tax Assessed (Excluding Discount and/or Interest) t8.245.00 3. Inheritance Tax Assessed by Other States or Territories of the United States (Excluding Discount and/or Interest) .00 4. Total Inheritance Tax Assessed 28.245.00 5. Pennsylvania Estate Tax Due .00 TAX CREDITS: PAYMENT RECEIPT DISCOUNT (+) AMOUNT PAID DATE NUMBER INTEREST/PEN PAID (-) TOTAL TAX CREDIT .00 BALANCE OF TAX DUE .00 INTEREST AND PEN. .00 TOTAL DUE .00 -IF PI-ID I-FTER THIS DI-TE, SEE REVERSE SIDE (IF TOTI-L DUE IS LESS THAN $1, NO PAYHENT IS REQUIRED FOR CALCULI-TION OF ADDITIONAL INTEREST. IF TOTAL DUE IS REFLECTED AS A "CREDIT" (CRI, YOU HI-Y BE. ~ DUE A REFUND. SEE REVERSE SIDE OF TNT~ ~nD" ~"'D ....---..------ 08-29-2005 EMRICK 12-21-2003 21 04-0233 CUMBERLAND 101 APPEAL DATE: 10-28-2005 ( See reverse side under Objections) AIIIount Relli1:1:edl I MAKE CHECK PAYABLE AND REMIT PAYMENT TO: REGISTER Of WILLS CUMBERLAND CO COURT HOUSE CARLISLE, PA 17013 CUT ALONG THIS LINE -+ RETAIN LOWER PORTION FOR YOUR RECORDS - REv:is47-Ex-AFP-ioi:osi-NOTICE-OF-INHERITANCE-TAX-APPRAISEHENT~-ALLOWANCE-OR--------------- DISALLOWANCE OF DEDUCTIONS AND ASSESSMENT OF TAX SARA M FILE NO. 21 04-0233 ACN 101 COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF REVENUE o[('nRm:f\ "p=lrF nJ: NOTICE OF INHERITANCE TAX BUREAU OF INDIVIDUAL TAllE$J1 U,..) 'J ,v-A'PRAISEHENT ALLOWANCE OR DISALLOWANCE INHERITANCE TAX DIVISION \ ~, i (:' OF DEDUCTIONS AND ASSESSMENT OF TAX PO BOX 280601 _' ;, - HARRISBURG PA 17128-0601 Znnt; .\II~ 30 D'.' i.: 22 '-~ Llu i--, '..... ,) l I j '-j _ DATE ESTATE OF DATE OF DEATH FILE NUMBER COUNTY ACN CP'-~I:- J THOMAS COOLEY 610 SE 17TH ST OCALA FL 34471 ESTATE OF EMRICK '* REV-1547 EX AFP (06-051 SARA M TAX RETURN liAS: (X) ACCEPTED AS FILED ) CHANGED DATE 08-29-2005 I~ an assessment was issued previously, lines 14, 15 and/or 16, 17, 18 and 19 will re~lect 'figures that include the total a'f ALL returns assessed to date. ASSESSMENT OF TAX: 15. hount of Line 14 at Spousal rat. (IS) 16. MOunt of Line 14 taxable at Lineal/Class A rat. (16) 17. Awount of Line 14 at Sibling rat. (17) 18. A~unt of Line 14 taxable at Collateral/Class Brat. (18) 19. Principal Tax Due RESERVATION CONCERNING FUTURE INTEREST - SEE REVERSE APPRAISED VALUE OF RETURN BASED ON: ORIGINAL RETURN 1. Real Est.te (Schedule AJ 2. Stocks end Bonds (Schedule BJ 3. Closely Held Stock/Partnership Interest (Schedule CJ 4. Mortgages/Notes Receivable (Schedule OJ S. CashlBank Deposits/Hisc. Personal Property (Schedule EJ 6. ~ointly Owned Property (Schedule FJ 7. Transfers (Schedule Gl 8. Tot.l Assets (1) (2) (3) (4) (5) (6) (7) .00 .00 .00 .00 111.124.00 .00 1.938,511.00 (8) APPROVED DEDUCTIONS AND EXEMPTIONS: 9. Funeral Expenses/Ada. Costs/Misc. Expenses (Schedule HJ 10. Debts/Mortgage Liabilities/Liens (Schedule Il 11. Total Deductions 12. Net Value of Tax Return 13. Charitable/Governmental Bequests; Non-elected 9113 Trusts 14. Net Value of Estate Subject to Tax (9) (10) 87,219.00 15.697.00 Ill) (12) (13) (14) (Schedule J) NOTE: .00 X 627,658.00 X .00 X .00 X 00 = 045 = 12 = 15 = 1191= NOTE: To insure proper credit to your account, sub.it the upper portion of this forti with your tax pay.ent. 2,049,635.00 10?Qll1 on 1,946,719.00 1,319,061.00 627,658.00 .00 28,245.00 .00 .00 28,245.00 TAX CRltDTT!l, ,+, AHOUNT PAID DATE NUHBER INTEREST/PEN PAID 1-) 09-21-2004 CD004422 .00 27,858.00 03-21-2005 CD005108 .00 387.00 BALANCE Of UNPAID INTEREST/PENALTY AS Of 03-22-2005 TOTAL TAX CREDIT 28,245.00 BALANCE OF TAX DUE .00 INTEREST AND PEN. 8.54 TOTAL DUE 8.54 ~. IF PAID AFTER DATE INDICATED, SEE REVERSE FOR CALCULATION OF ADDITIONAL INTEREST. IF TOTAL DUE IS LESS THAN $1, NO PAYHENT IS REQUIRED. IF TOTAL DUE IS REFLECTED AS A "CREDIT" (CR), YOU HAY BE DUE A REFUND. SEE REVERSE SIDE DF THIS FORN FOR INSTRUCTIONS. 1 Cumberland County - Register Of Wills One Courthouse Square Carlisle, PA 17013 Phone: (717) 240-6345 Date: 11/28/2005 SANDERS J LINDEN JR 4255 NANTUCKET DRIVE MECHANICSBURG, PA 17050 RE: Estate of EMRICK SARA MILLER File Number: 2004-00233 Dear Sir/Madam: It has come to my attention that you have not filed the Status Report by Personal Representative (Rule 6.12) in the above captioned estate. As per the AMENDMENTS TO SUPREME COURT ORPHANS' COURT RULES, NO. 103 SUPREME COURT RULES DOCKET NO.1, for decedents dying on or after July 1, 1992, the personal representative or his counsel, within two (2) years of the decedent's death, shall file with the Register of wills a Status Report of completed or uncompleted administration. This filing is due by: 12/21/2005 Your prompt attention to this matter will be appreciated. Thank You. Sincerely, !:::: F::::~:'z! REGISTER OF WILLS cc: File Counsel Judge TURNER AND O'CONNELL ATTORNEYS AT LAW 4415 NORTH FRONT STREET HARRISBURG, PA 17110 717/232-4551 Telephone 717/232-2115 Facsimile JAMES H. TURNER j ht@turnerandoconnell.com December 1, 2005 Glenda Farner Strasbaugh Register of Wills Cumberland County Courthouse Courthouse Square Carlisle, P A 17013 RE: Estate of Sara Miller Emrick File No. 2004-00233 Dear Ms. Strasbaugh: TIMOTHY J. O'CONNELL tjo@turnerandoconnell.com Please be advised that I am no longer representing the Estate of Sara Miller Emrick at the request of the administrator, J. Linden Sanders, Jr. Accordingly, I have forwarded your letter of November 15,2005, to Mr. Sanders. Sincerely, --;;2. .~::..- ;~ r:::- James H. Turner JHT:sf Cc: J. Linden Sanders, Jr., w/enc. v-- " r--' ~~ '-.~-l I i-'.) ~ -' _.-~) -I _.-~'i: c~ CT'"\ !:~ '...,1'1 (J"l RegiSit.ei' ofV-liHSi iOil CUliliJlbei'la:iltd C<UiUilty STATUS REPORT UNDER RULE 6.12 Name of Decedent: JM.It-\Clk ~ ~AVA &1\\" Ei!.. , Date of Death: lz" \ t,l \ ZOO"! Estate No.: l..E>04 - OO~?-:S L~~ \\l-l~ P.:.E. ~-;-&>O'Z."3'" 'Z '> . Pursuant to Rule 6.12 of the Supreme Court Orphans' Court Rules, I report the following with respect to completion of the administration of the above-captioned estate: 1. State whether ad~tration of the estate is complete: Yes 0 No M 2. lfthe answer is No, state when the personal rerrese~tative reasonably believes that the administration will be complete: CA \Z-l -\ 't.Co~ 3. lfthe answer to No.1 is Yes, state the following: a. Did the personal representative file a [mal account with the Court? Yes 0 No 0 b. The separate Orphans' Court No. (if any) for the personal representative's account is: c. Did the personal representative state an account informally to the parties in interest? Yes 0 No 0 c. Copies of receipts, releases, joinders and approval of formal or informal accounts may be filed with the Clerk of the Orphans' Court and may be attached to this report. Date:~ C!" sfit- ~.~..s~~ S ture I J . L.'~~E.M S~I J~. Name .~ ._.-J 0J l' L.. j l.(_.., c): () "3, ~~f~t.... ~~ ':Dt- Address 1A~.A.~lC.~~Cl.G. r;A \10';;0 -l<i>\tr l i" ., ) 51\ - ~i4.1 Telephone No. Capacity: ~ersonal Representative . o Counsel for personal representative C.._ C'\ ~1; Cumberland County - Register Of Wills One Courthouse Square Carlisler PA 17013 Phone: (717) 240-6345 Date: 11/15/2005 TURNER JAMES H ESQ 4415 NORTH FRONT STREET HARRISBURG, PA 17110 RE: Estate of EMRICK SARA MILLER File Number: 2004-00233 Dear Sir/Madam: It has come to my attention that you have not filed the Status Report by Personal Representative (Rule 6.12) in the above captioned estate. As per the AMENDMENTS TO SUPREME COURT ORPHANS' COURT RULES, NO. 103 SUPREME COURT RULES DOCKET NO.1, for decedents dying on or after July 1, 1992, the personal representative or his counsel, within two (2) years of the decedent's death, shall file with the Register of Wills a Status Report of completed or uncompleted administration. This filing is due by: 12/21/2005 Your prompt attention to this matter will be appreciated. Thank You. Sincerely, ~~~ GLENDA FARNER STRASBAUGH REGISTER OF WILLS cc: File Personal Representative(s) Judge SKAJRJLA1US & WNAJRJIffi UP ATTORNEYS AT LAW SKARLATOS & ZONARICH BUILDING 17 SOUTH SECOND STREET, 6'" FLOOR HARRISBURG, PENNSYLVANIA 17101-2039 (717) 233-1000 TELEFAX (717) 233-1016 WWW.SKARLATOSZONARICH.COM BRIDGET M. WHITLEY WRITER'S EMAIL: bmw@skarlatoslonarich.com February 20, 2006 Office of Register of Wills Cumberland County Court House 1 Courthouse Square Carlisle, PA 17013 RE: Estate of Sara Miller Emrick No. 2004 - 233 Dear Sir or Madam: Please find enclosed for filing my Praecipe to Enter Appearance with respect to the above-referenced estate. I would appreciate your time-stamping the extra copy and returning to me in the enclosed, self-addressed and stamped envelope. Thank you. Sincerely, ~fJl.~ Bridget M. Whitley BMW:sks Enclosures t,'J : \ II 1 {<? '.',0 lj A MEMBER OF LAWPACTn, - AN INTERNATIONAL ASSOCIATION OF INDEPENDENT BUSINESS LAW FIRMS ~ SKARLA TOS & ZONARICH LLP Bridget M. Whitley, Esq. 17 South Second Street, 6th Floor Harrisburg, Pennsylvania 1710 1 (717) 233 - 1000 Attorneysfor Estate of Sara Miller Emrick IN RE: ESTATE OF SARA MILLER EMRICK, Deceased, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2004 - 233 PRARCTPR TO RNTRR APPRARANCR TO THE PROTHONOTARY: Please enter the appearance of the undersigned on behalf of the Estate of Sara Miller Emrick, deceased. Respectfully submitted, SKARJLA 'fOS & ZONARJlCH llLP Dated: Feb. ~ () ,2006 By: ~~~:E~ Identification No. 33580 17 South Second Street Sixth Floor Harrisburg, Pennsylvania 17101 (717) 233-1000 ) Ci-) : l ":d {-:Z I J .. IN RE: ESTATE OF SARA MILLER EMRICK, Deceased, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2004 - 233 CRRTTFTCATR OF SRRVTCR I, Bridget M. Whitley, an attorney with the law firm of Skarlatos & Zonarich LLP, hereby certify that I this day served a copy of the foregoing document upon the person(s) indicated below by depositing a copy of the same in the United States Mail, postage prepaid, at Harrisburg, Pennsylvania, and addressed as follows: James H. Turner, Esquire 4415 North Front Street Harrisburg, P A 1711 0 Respectfully submitted, Dated: Feb.;;"O , 2006 SKAJRlLATOS & ZONARJICH LLIP 4u By: Bridget . Whitley, Esquire Identification No. 33580 17 South Second Street Sixth Floor Harrisburg, Pennsylvania 17101 (717) 233-1000 COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF REVENUE BUREAU OF INDIVIDUAL TAXES DEPT. 280601 HARRISBURG, PA 17128-0601 REV-1162 EX(11-96) RECEIVED FROM: PENNSYLVANIA INHERITANCE AND ESTATE TAX OFFICIAL RECEIPT NO. CD 006508 MERRILL LYNCH TRUST CO A TTN BETH GDANSKI 5200 TOWN CENTER CIR, STE 500 BOCA RATON, FL 33486 __n____ fold ACN ASSESSMENT CONTROL NUMBER AMOUNT 101 $8.82 ESTATE INFORMATION: SSN: 163-09-7818 FILE NUMBER: 2104-0233 DECEDENT NAME: EMRICK SARA MILLER DATE OF PAYMENT: 03/31/2006 POSTMARK DATE: 03/29/2006 COUNTY: CUMBERLAND DATE OF DEATH: 12/21/2003 TOTAL AMOUNT PAID: $8.82 REMARKS: MERRILL LYNCH TRUST CO CHECK#1264243 SEAL INITIALS: RSK RECEIVED BY: GLENDA FARNER STRASBAUGH REGISTER OF WILLS REGISTER OF WILLS 08-29-2005 EMRICK 12-21-2003 21 0'i-0233 CUMBERLAND 101 APPEAL DATE~ 10-28-2005 ( See '~VD'Se Biu ,,"h,. Ob~~tio,1S ) AIIOulJt RBlI1tt:BdL ~ HAKE CHECl( PAYABLE AND REMIT PAVNE TD: RESISTER OF WILLS CUMBERlAND CD COURT HOUSE CARLISLE, PA 17013 ~-~~~~.!~!!-~J~i._____~-..!~!~!!_~~!~_~!!!~~_f~_!!~_!~~~P!_.~._____.__._._______ REV-1547 EX AFP (0]-05) NOTICE OF INM!RtTANCE TAX APPRAr~ENT. ALLOWANCE OR DISALLOWANCE OF DIDUcr:raNl AND ASSESSMENT DF TAX SARA M FILE NO. ZI 04-D25$ ACN 1U1 Mar. 21. 2 006 '2: 36 PM S & Z CDNlO""IAL TH OF ~I:NI'I$YLVANtA DEPARTMENT 0' REV!:NUE ~~EAII ~F -lMlIVIlIUAl T~RDED OFFICE~~ItAb=~ :L:=~:=~~Llll'ANCE IMElUTI\NCE TAX bIVISION 0r.r:r::T~:J ('r \:::;: I "': OF DEDUCTIONS Atat AlSI!SItfENT OF TAX PO BD. lot.601 : ". '. ,I" ..,' .' I,. . NI~IIIUR; PA l'lt8~D6Dl znns ~fJ~ 30 PI'1 ls= 22 DATE ESTATE 0'" DATE OF DEATH FILE NUHBER COUNTY ACIt C' E.'...." C'''' " ~:' 1", :r J.. .' ,I. d Or;.....~.: r, If':. r',:'\, "~>T t", ,"',;',: ,7' \" .,.J".' " J THDMAS Cc0tEv ' ';" ." ': '.~"", 618 Sf 17TH ST DCALA FL 3~"71 !ITATI OP EMRICK - No. 5982 . lEV-IS.? EI ~p CG&-OS) SARA ... DAtE 08-29-2005 ~f an .......~ Was 1s9ued previaU9~. lines 1'. 15 and'Dr 1., 17. 18 end re1'lect: tigllres t:"1I1: :lnoludll the total of ALL returns aSSessed 'tD !fate. ASSESSMENT OF TAX: ' 11. ......... of u... 14 .t llpau"'1 ....t. IUJ 16. A~ount of Line l~ ~lB .t L!naal/Clae. A ~.t. (16) 17. AlDunt of lift. 1. at Sib11ftg rat. 117J 1&. .......t of U... 14 *--Ie at CoUatllrtlll'ela.." I...te Ill' 19. Principal TUjI{ Due ED TAX -!TURN NASI r)() ACC&'PTED AS FILED REsERVATION CONCERNING FUTURE INTEREST - S~! R!V!RSt 'PPRAISED ~ALUE OF R.TURN &ABED D~~ ORIGINAL RETURN 1. Rael EstBt. (Se.h8dula lJ Z~ stooJc. and 8ond.. (Schedule 8) 3. Closely _lei stoal('''.''.r..tp ,IfttBl"Qt (Sch8dul. C) ,. ttt.,.tgages/Nol.5: leeeivBble (~l. D) J. C.atVJri hpo8Ste/'Usc. Pe"'8D11l1tl Property (Seh8du~. E) 6. .Jointly Owned r.......ty ($ehBduI. F) 7. T,...,..t."$ lSehedul_ f;) 8. Totsl A....ts ( J CHANGED (1) (2)_ (3) {~) (.5) (6) (7) ..OD .00 .00 .00 111~lZ'.OD .. OJL 1.1938.511,00 uu APPRO~ED IEOUCTIDNS AND EXEMPTIONS: ,. '--....1 i)QII~"./AdII. Co~ts'''i~.. ExJ'el'Js.$' (Sc'-du1.8 ItJ lD. D.btUPIor't9age L~lIblll tS.../l.l.... [Sdtedul. .1) 11~ Tot.l Dadt.n:tlons 11.. Net hlua of Tk Return 13 . t:Iw-:itabl...,~...MII...i..l ~..t., /Coft-.l...tact 9113 T......t.. I Sc""'...~ JJ 14. Net Value Df Es"bde Subject to I~. (9J,.- rll) 87,219.00 IS.697.00 (11l (12l (13) U4J NOTE: , .. 00 )( 627 ,,658. DO J( .00 H .00 )( 00 ~ 0,.5 = 12 :;;; 15 . (19)= DATE D9-Z1-200' 03-21"2005 NUH8 CDOOlfti22 CD005108 ... tNJ1:IEST 'PE" PAD (_) .Ou .00 A....T ~AID 27,,858.00 387.00 .ALANe! Of UNPAID INTEREST/PENAL,V AS OF 03-ZZ-2005 TOTAL YAX tR!DIT IALANeE OF fAX DUE lNTERIBT AND PIN. TOTAL DUE ? 7 " lP' "AID 4~.R ""TE lHIICATED, SEE REVERsE t:o~ CALctllAT'xON D' ADDITIONAL INTEIf&5T. NDTE~ To In~ p~r cred1t to ~ur a~t, ~it the upper portion of thll fD..... with YOUr -Iu PQy.....t. 2,049,,635.00 l02.91li.OO 1..946.719.DO 1,51'..a'1~OD 6Z7~6S8.!! 19 .i~l .00 2B1245.00 .00 ,00 Z8#2QS.oO 286245.00 .00 8.54 8.5~ ( IF TDTAl DIll! IS LID THAN el, No PAvttENT IS REWIRED. IF TOTAL DUE IS R~lECTED AS A ~IDnw (el), YOU MY 1& DUE .. ~Ef'IN). SEE REVERSE SloE OF THl'S FIJRIII FOR DGrIUCTXOtIS., .. " - Private Banking and Investment Group Betb Gdansk( Assistant Vice President Trust Officer Merrill lynch Trust Company, FSB 5200 Town Center Circle Suite 500 Boca Raton, Florida 33486 561 347 5670 T 888 898 3674 T 561 347 5695 F beth_gdanski@ml.com March 28, 2006 Cumberland County Register of Wills 1 Court House Square Carlisle, PA 17013 Re: Estate of Sara M. Emrick File No: 21-04-0233 Dear Sir/Madam: Pursuant to the Pennsylvania Department of Revenue Notice of Inheritance Tax Appraisement dated August 29, 2005, enclosed please fmd a check in the amount of $8.82 for interest and penalties due for the above referenced matter. If you have any questions regarding the enclosures or require any additional information, please do not hesitate to contact me. Very truly yours, &~.- - H~_,~~L~(. Beth Gdanski Assistant Vice President and Trust Officer BG:tb cc: Bridget M. Whitley, Esq. Enclosure r--~--._-_._-- .) .:J.'~. 2... ....J d ~:'\:. t't :..I... r-~ (:1 ;'J s,,= ~ Q) "Q o (,D 00 -.::t' @ ~ 'E -J Q) t.L. U ci ~ 0 3: g ~ ~t..nO::: oQ)m ~:5 g t..ncnCC ~,; ::'1;..,: C'::~ t:"lt:\ ~' (.~I' ~~ Mr.. :~1} (\1 ;...J ex: :1.. '';:' f-i., 'l"...t ~~, , :) '.r.:, 4 t:l IX;' ( ) .,;J' (,..J 1\1'"', 1\1'"', U Cd ( ~: ..: U.I 1:1 " . ~ _:1 It - ~ . t~i (', I~. ( ;,~ ~i .. - ::r .. /') t:~ n '1:[ 111 1.1. C) ~: rIO, ..1 ." ~~: Ul :2: 1..,', ..:]. r- .' Cl \.:, I:'':) ... I' Cl 0'\ (" I \, - - - - - - - - - - - - - = ~ ~ 4-1 o "-' Q,) ...... r.rJ '5b (1) ~ Q,) I-t >-.ro('f) E::::S~ ::::s ~o oCI'J('.. UQ,)~ rJJ "Cj;:'j<r: f:::O~ ~ ~ Q,)~ ~ac;j s UO :.a ::::s C'j u~u ..... - - - - {ii hi iri (1) -t. (ij 'M !~:I i '" 'M .II u . .r - - ... .. .. . . ~ COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF REVENUE Pff~opnr-D OFFICE OF INHERITA CE TAX BUREAU OF INDIVIDUAL TA~~~ ;':.~ ,',. C' N INHERITANCE TAX DIVISION r:c..U::J: tR CF tflt I) ST A TEMENT OF ACCOUNT PO BOX 280601 HARRISBURG PA 17128-0601 REV-1607 EX AFP (03-05) 2006 APR 24 PH 4: 24 DATE ESTATE OF DATE OF DEATH FILE NUMBER COUNTY ACN 04-17-2006 EMRICK 12-21-2003 21 04-0233 CUMBERLAND 101 SARA M CLERK OF ORPHAN'S COURT ('11~"ocQl At,.,HJ r.O PA BRIDGET M WM1't.n; ~ESQ'" . SKARLATOS & ZONARICH, 17 S 2ND ST-6TH FLOOR HARRISBURG PA 17101 Allount Relli Hed MAKE CHECK PAYABLE AND REMIT PAYMENT TO: REGISTER OF WILLS CUMBERLAND CO COURT HOUSE CARLISLE, PA 17013 NOTE: To insure proper credit to your account, subllit the upper portion of this forll with your tax paYllent. CUT ALONG THIS LINE --+ RETAIN LOWER PORTION FOR YOUR RECORDS +-- --------------------------------------------------------------------------- REV-1607 EX AFP (03-05) *** INHERITANCE TAX STATEMENT OF ACCOUNT ... ESTATE OF EMRICK SARA M FILE NO. 21 04-0233 ACN 101 DATE 04-17-2006 THIS STATEHENT IS PROVIDED TO ADVISE OF THE CURRENT STATUS OF THE STATED ACN IN THE NAHED ESTATE. SHOWN BELOW IS A SUHHARY OF THE PRINCIPAL TAX DUE, APPLICATION OF ALL PAYHENTS, THE CURRENT BALANCE, AND, IF APPLICABLE, A PROJECTED INTEREST FIGURE. DATE OF LAST ASSESSMENT OR RECORD ADJUSTMENT: 08-29-2005 PRINCIPAL TAX DUE: 28,245.00 PAYMENTS (TAX CREDITS): PAYMENT RECEIPT DISCOUNT (+) AMOUNT PAID DATE NUMBER INTEREST/PEN PAID (-) 09-21-2004 CD004422 .00 27,858.00 03-21-2005 CD005108 .00 387.00 03-29-2006 CD006508 8.54- 8.82 , TOTAL TAX CREDIT 28,245.28 BALANCE OF TAX DUE .28CR INTEREST AND PEN. .00 II IF PAID AFTER THIS DATE, SEE REVERSE TOTAL DUE . 28CR SIDE FOR CALCULATION OF ADDITIONAL INTEREST. ( IF TOTAL DUE IS LESS THAN $1, NO PAYHENT IS REQUIRED. IF TOTAL DUE IS REFLECTED AS A "CREDIT" (CR), YOU HAY BE DUE A REFUND. SEE REVERSE SIDE OF THIS FOR" FOR INSTRUCTIONS. ) L STATUS REPORT UNDER RULE 6.12 Name of Decedent: SARA MILLER EMRICK Date of Death: DECEMBER 21, 2003 Will No.: Admin. No.: 2004-233 Pursuant to Rule 6.12 of the Supreme Court Orphans' Court Rules, I report that following with respect to completion of the administration of the above-captioned estate: 1. State whether administration of the estate lS complete: Yes x No 2. representative be complete: If the answer is No, state reasonably believes that the when the personal administration will 3. following: If the answer to No. 1 is Yes, state the a. Did the personal representative file a final account with the Court? Yes No X b. The separate Orphans' Court No. (if any) for t~e personal representative's account is: c. Did the personal representative account informally to the parties in interest? Yes state an No x ~- d. Copies of receipts, releases, joinders and approvals of formal or informal accounts may be filed with the Clerk of the Orphans' Court and may be attached to this report. Date: June 8, 2005 ,,6/. "I. <J.. JJ) } I It 'V ~ c" '- ,L . t ,,) j , ,"l' , SignatuD~ / Bridget M. Whitley, Esq. Name (Please type or print) Skarlatos & Zonarich LLP 17 S. Second Street, 6th Floor Harrisburg, PA 17101 Address (717)233-1000 Tel. No. Capacity: Counsel for Personal Representative