HomeMy WebLinkAbout11-24-08FitV 7!3! A EX('YWt
FILE THIS RETURN WITH: R EV-1737-A OFFICIAL USE ONLY
COMMONWEALTH OF
PENNSYLVANIA
DEPARTMENT OF REVENUE INHERITANCE TAX RETURN FILE NUMBER
DEPT. 280601
HARRISBURG, PA 17128-0601
NONRESIDENT DECEDENT 1
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N
COUNTY CODE
YFAR
DECEDENTS NAME (LAST, FIRST. AND MIDDLE INITIAL) SOCIAL SECURITY NUMBER
Z MORGENTHALER SR. CHARLES S. 2 0 2- 2 0- 1 6 0 9
W DATE OF DEATH (MM-DD-YEAR) DATE OF BIRTH (MM-DD-YEAR)
W 08/13/2008 02/12/1929
W (IF APPLICABLE) SURVIVING SPOUSE'S NAM E (LAST, FIRST, AND MIDDLE INITIAL) SOCIAL SECURITY NUMBER
a ®1.Original Retum ~ 2. Supplemental Return ~ 3. Remainder Retum (date of death prior to 12-73-82)
N
woo
~ 4. Limited Estate
~ 4a. Future Interest Compromise (dose ordeath aRer 12-12-a2>
~ 5. Federal Estate Tax Retum Required
c=i a m ~ 6. Decedent Died Testate (attach copy orwill) ~ 7. Decedent Maintained a Living Trust (coach copy orrrt,ss) 8. Total Number of Safe Deposit Boxes
-
a
a ~ 9. Litigation Proceeds Received ~ 1 O. Sp0US21 POVeRy Credlt (date of death between 12-31-91 and 1-T-95) ~ 11. Election to tax under Sec. 9113(A) (attach sch o)
~ 'THIS'SECTION MUST BE COMPLETED°ALL CORRESPONDENCE AN D CONFtDENTIAL-'.TAX INFORN1AT10N SHQULD BE DIRECTED TO:
c NAME COMPLETE MAILING ADDRESS
o ROGER B. IRWIN ESQUIRE 60 WEST POMFRE T STREET
N FIRM NAME (If Applicable) .
~ IRWIN & MCKNIGHT
o TELEPHONE NUMBER
~ 717 249-2353 CARLISLE PA 17013
REFER TO METHOD OF COMPUTATION IN THE NONRESIDENT DECEDENT INSTRUCTION BOOKLET (REV-1736)
Menroo Check One: ~ Flat Rate ~ Proportionate (Complete Worksheet on Reverse Side)
1. Real Estate (Schedule A) (1) _____ 530,000.00 OFFICIAL USE ONLY
2. Stocks and Bonds (Schedule B) (2) ~
i
3. Closely Held Corporation, Partnership or Sole-Proprietorship (3)
(Schedule C)
4. Mortgages & Notes Receivable (Schedule D) (4)
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5. Cash, Bank Deposits 8 Miscellaneous Persona
l Property (5)
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~ (Schedule E) ' _ '~ ~ ~`
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6. Jointly Owned Property (Schedule F) (6) ~
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Separate Billing Requested
7. Inter-Vivos Transfers & Miscellaneous Non-Probate Property (7) _
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8. Total Gross Assets (total Lines 1-7) (g) '=~ ' ' 530 000.00
9. Funeral Expenses 8 Administrative Costs (Schedule H) (9) 8.315.00
10. Debts of Decedent, Mortgage Liabilities, 8 Liens (Schedule I) (10)
11. Total Deductions (total Lines 9 & 10) (11) 8,315.00
12. Net Value of Estate (Line 8 minus Line 11) (12) 521 ,685.00
13. Charitable and Governmental BequestslSec 9113 Trusts for which an election to tax has not been (13)
made (Schedule J)
14. Net Value Subject to Tax (Line 12 minus Line 13) (14) 521,685.00
SEE INSTRUCTIONS ON REVERSE SIDE FOR APPLICABLE RATES
15. Amount of Line 14 taxable at the spousal tax
rate, or transfers under Sec. 9116 (a)(1.2) 0.00 X .0
16. Amount of Line 14 taxable at lineal rate 521,685.00 X .045
17. Amount of Line 14 taxable at sibling rate 0.00 X .12
18. Amount of Line 14 taxable at collateral rate 0.00 X .15
(15)
0.00
19. Tax Due -Make check payable to Commonwealth of PA
20. ~ • •
(16) 23,475.83
(17) 0.00
(18) 0.00
(1s) 23.475.83
> > BE SURE TO ANSWER'ALL QUESTIONS ON REVERSE SIDE AND'RECHEGK MATH « _
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REV-1''i7-1 EX+t9-00)
COMMONWEALTH OF PENNSYLVANIA NONRESIDENT DECEDENT
DEPARTMENT OF REVENUE AFFIDAVIT OF DOMICILE
DEPT. 280601
HARRISBURG, PA 17128-0601
This affidavit must be completed and sworn to by a person having personal knowledge of these
facts, preferably by a surviving spouse or member of the decedent's family.
Name of Decedent Date of Death
MORGENTHALER, SR. CHARLES S. 08/13/2008
Legal Address at Time of Death:
Street Address CitylBorough State Zip Code
125 56TH AVENUE SOUTH ST. PETERSBURG FL 33705
The following information is submitted in support of the statement that the above individual was
not domiciled in the Commonwealth of Pennsylvania at the date of death.
1. Names and addresses of the decedent's surviving spouse and members of his/her immediate family:
Name and relationship to decedent
DIANE MORGENTHALER, DAUGHTER DAUGHTER
Street Address City/Borough State Zip Code
4118 YUMA DRIVE MADISON WI 53711
Name and relationship to decedent
LEE MORGENTHALER, SON •
Street Address City/Borough State Zip Code
101 WESTCOTT #1705 HOUSTON TX 77007
Name and relationship to decedent
ELLEN MORGENTHALER, DAUGHTER
Street Address City/Borough State Zip Code
250 WHEELBARROW RUN ROAD MARIETTA OH .45750
2. Did the decedent ever live in Pennsylvania? ® Yes ^ No
If yes, during what periods?
1929-1954
3. Did the decedent spend time in Pennsylvania during the five years preceding death? ^ Yes ~ No
If yes, during what periods and at what address?
4. What was the nature of decedent's places of residence during the five years immediately preceding death?
Indicate whether decedent resided in a house or apartment and whether it was rented or owned by the decedent, and/or whether decedent resided in a hotel
or the home of relatives or friends.
14 DONAGH COURT, TIMONIUM MD -HOUSE OWNED
Continued on a Separate Page
5. Was the decedent employed during the five years preceding death? ^ Yes ® No
If yes, list the name and address of employer(s).
6. Did the decedent leave a will? ® Yes ^ No
If yes, state the court which admitted the will to probate, the date admitted, and attach a copy, including all codicils, and a certificate of issuance of
letters testamentary.
FLORIDA
7. If the decedent did not leave a will, has an administrator of his estate been appointed? ^ Yes ^ No
If yes, state the court which appointed the administrator, the date of appointment, and attach a certificate of the issuance of letters of administration.
8. At any time during the last five years did the decedent execute a will, a codicil, trust indenture, deed, mortgage, lease or any other document in which
the decedent was described as a resident of Pennsylvania? ® Yes ^ No
If yes, describe such document.
Continuation of REV-1737-A Inheritance Tax Return Nonresident Decedent
MORGENTHALER, SR. CHARLES S. 21 08
Page 1
1. Names and Addresses of Decedent's Immediate Family
Name and relationship to decedent
CHARLES MORGENTHALER, JR., SON
Street Address City/Borough State Zip Code
14407 LIGHTHOUSE AVENUE UNIT 115 OCEAN CITY MD 21842
Continuation of REV-1737-A Inheritance Tax Return Nonresident Decedent
MORGENTHALER, SR. CHARLES S. 21 08
Page 2
4. Decedent's Places of Residence During the Five Years Immediately Preceding Death
10708 WEST CASTLE PLACE #104, COCKEYSVILLE, MD -APARTMENT RENTED
Continuation of REV-1737-A Inheritance Tax Return Nonresident Decedent
MORGENTHALER, SR. CHARLES S. 21 08
Page 3
9. Taxes Paid by the Decedent During the Last Five Years
THE PROPERTY IN QUESTION, OWNED BY RACHEL N. MORGENTHALER tRUST HAS FILED INCOME TAX IN
CUMBERLAND COUNTY, PENNSYLVANIA
Continuation of REV-1737-A Inheritance Tax Return Nonresident Decedent
M~RGENTHALER, SR. CHARLES S. 2~ ~$
Page 4
16. Purpose/Reason Decedent Owned Real Property in Pennsylvania
MORGENTHALER TRUST.
REV-1737-2 EX + (9-0("
COMMONWEALTH OF PENNSYLVANIA
INHERITANCE TAX RETURN
ESTATE OF
SCHEDULE A, PART 1
REAL ESTATE
IN PENNSYLVANIA
FILE NUMBER
MORGENTHALER SR. CHARLES S. 21 08 0
Part 1 must include all real property owned by the decedent individually or as a tenant in common with another party(ies), having its
situs in Pennsylvania. Property which is jointly-owned with right of survivorship should be disclosed on Schedule F. All real estate
must be reported at fair market value which fs defined as the price at which property would be exchanged between a willing buyer and
a willing seller, neither being compelled to buy or sell, both having reasonable knowledge of the relevant facts.
ITEM
NUMBER DESCRIPTION VALUE AT DATE OF DEATH
1. 1356 CREEK ROAD, WEST PENNSBORO TOWNSHIP, CUMBERLAND COUNTY, 530,000.00
PENNSYLVANIA
PART 1 TOTAL
PART 2 TOTAL
Method Only from reverse side
530.000.00
TOTAL (Also enter on line 1, Recapitulation) ~ $ 530,000.00
(If more space is needed, insert additional sheets of the same size)
REV-1737-6 EX + (9-0("
REVERSE SCHEDULE H
Use Schedule H ONLY for proportionate
COMMONWEALTH OF PENNSYLVANIA FUNERAL EXPENSES & method of tax computation.
INHERITANCE TAX RETURN ADMINISTRATIVE COSTS
NONRESIDENT DECEDENT
ESTATE OF FILE NUMBER
M_ORGENTHALER, SR. CHARLES S. 21 08 0
Debts of decedent must be re orted on Schedule 1.
ITEM NUMBER DESCRIPTION AMOUNT
A. FUNERAL EXPENSES:
1. FUNERAL
3,000.00
B.. ADMINISTRATIVE COSTS:
1. Personal Representative's Commissions
. Name of Personal Representative(s)
Social Security Number(s) EIN Number of Personal Representative(s)
Street Address
City State Zip
Year(s) Commission Paid:
2, Attorney Fees IRWIN & McKNlGHT 5,300.OG
3. Probate Fees
4, Accountant's Fees
5, Tax Return Preparefs Fees
6. Miscellaneous Expenses
7. REGISTER OF WILLS -FILING FEE 15.00
TOTAL (Also enter on line 9, Recapitulation) ~ $ 8,315.00
(If more space is needed, insert additional sheets of the same size)
REV-1737-7 EX + (9-0("
REVERSE SCHEDULE J
COMMONWEALTH OF PENNSYLVANIA BENEFICIARIES
INHERITANCE TAX RETURN
ESTATE OF
FILE NUMBER
MORGENTHALER, SR. CHARLES S. 21 08 0
When flat rate method is elected, list the beneficiaries of the Pennsylvania property.
When proportionate method is elected, list all beneficiaries.
RELATIONSHIP TO
DECEDENT AMOUNT OR SHARE
NUMBER NAME AND ADDRESS OF PERSONS RECEIVING PROPERTY Do Not List Trustees OF ESTATE
I_ TAXABLE DISTRIBUTIONS [include outright spousal distributions, and transfers under Sec. 9116 (a)(1.2)]
1. CHARLES S. MORGENTHALER, SR. REVOCABLE TRUST TRUST 524,685.00
ENTER DOLLAR AMOUNTS FOR DISTRIBUTIONS SHOWN ABOVE ON REV-1737 COVER SHEET OR THE PROPORTIONATE METHOD WO RKSHEET ON THE REVERSE
SIDE OF REV-1737 COVER SHEET, AS APPROPRIATE.
II. NON-TAXABLE DISTRIBUTIONS:
A. SPOUSAL DISTRIBUTIONS UNDER SECTION 9113 FOR WHICH AN ELECTION TO TAX IS NOT BEING MADE
1.
B. CHARITABLE AND GOVERNMENTAL DISTRIBUTIONS
1.
TOTAL OF PART II
ENTER TOTAL NON-TAXABLE DISTRIBUTIONS ON L{NE 13 OF REV-i 737 COVER SHEET $
(If more space is needed, insert additional sheets of the same size)
'moo pr " .
CHARLES S. MORGENTHALER, SR
REVOCABLE TRUST AGREEMENT
THIS REVOCABLE TRUST AGREEMENT made this ~ ~~ day of
JN ~y , 2005, between CHARLES S. MORGENTHALER, SR. of the State of
Florida (hereinafter called the "Grantor") and CHARLES S. MORGENTHALER, SR. (hereinafter
called the "Trustee").
I.
TRUST FUNDS
The Grantor does hereby transfer and assign to the Trustee all his right, title and interest in
and to the property listed in "Schedule A" attached thereto. The Trustee accepts these transfers,
assignments, and designations in trust for the uses and purposes set forth in this Agreement. The
Trustee shall be vested with all rights, powers, options and privileges in and to the assets which are
part of the trust estate, and the Trustee may exercise any and all of such rights, powers, options, and
privileges as fully as any owner of such assets.
II.
REVOCABILITY
The Grantor may at any time without the consent of anyone alter or amend this Trust in any
manner by a duly executed written instrument delivered to the Trustee specifying the character and
date of the intended revocation or amendment. The duties, powers, liabilities, responsibilities and
compensation of any Trustee shall not be increased without the prior written consent of such
Trustee. The Grantor may at any time by a duly executed written instrument revoke this Trust in
whole or in part, in which event any and all trust property covered by such revocation shall revert to
the Grantor, free of trust.
III.
NAME OF TRUST
This Trust shall be known as the CHARLES S. MORGENTHALER, SR. REVOCABLE
TRUST.
IV.
DURING the GRANTOR'S LIFE
During the Grantor's lifetime, the Trustee shall distribute the net income and principal in the
following manner:
A. Income and Principal. The Trustee shall distribute to the Grantor, so much of the
income and/or principal of the Trust as the Grantor (or the Grantor's duly authorized attorney-in-
fact) shall request from time to time by written instruction to the Trustee, provided, however, such
requests for distribution of cash by transfer to a bank account of the Grantor may be made by oral
request to the Trustee and such requests are not required to be in writing. In addition, the Grantor
may withdraw any part or all of the trust assets at any time by written instruction to the Trustee.
B. Discretionary Income and Principal. In addition to payments pursuant to
Paragraph A, the Trustee shall distribute to or for the benefit of the Grantor such part or all of the
net income and principal of the trust as the Trustee shall deem advisable to provide liberally for the
Grantor's maintenance, support, health, income taxes, comfort, and general welfare, or for any other
purpose deemed to be in the Grantor's best interest, without regard to the Grantor's other financial
resources and without regard to the possible exhaustion of the entire trust estate. The Grantor
intends that this authority be freely exercisable. during such time that the Trustee (other than the
Grantor, if the Grantor is then serving as Trustee) considers the Grantor to be unwilling or unable to
act rationally and prudently in the Grantor's own financial best interest. Distribution may be made
in any of the following ways deemed appropriate by the Trustee: (1) directly to the Grantor, (2) to
such person as the Grantor may nominate in writing, (3) to such person providing care for the
Grantor, with or without court order, (4) to the legal guardian or duly authorized attorney-in-fact of
the Grantor, or (5) by the Trustee using the amounts for and on behalf of Grantor for any of the
purposes stated above. Any such payments made in good faith shall be deemed proper and shall
constitute a complete release and discharge to the Trustee therefor. Any net income not distributed
shall be accumulated and added to principal from time to time.
C. Grantor's Incapacity. It is expressly understood that the authority granted under
this Trust Agreement shall be freely exercisable in the event the Grantor should become infirm or
incapacitated, mentally or physically, temporarily or permanently. Said authority shall also be
equally exercisable whenever and as often, without the existence of any such infirmity or
incapacity, such exercise may contribute to and be for the best interests of the Grantor.
D. Control of Trust Investments. The Trustee has full discretion to retain such
investments, or to make such investments and reinvestments, as the Trustee from time to time
deems appropriate.
E. Grantor's Residence and Homestead. As the Trustmaker, the Grantor reserves
the right to reside upon any real property placed in this Trust as the Grantor's permanent
residence during his life, it being the intent of this provision to retain for the Grantor the requisite
2
beneficial interest and possessory right in and to such real property to comply with F.S. 196.041
or successor statute such that said beneficiary interest and possessory right constitutes in all
respects, "equitable title to real estate" as that term is used in Section 6, Article VII of the
Constitution of the State of Florida. Notwithstanding anything contained in this Trust to the
contrary, the Grantor's interest in any real property in which the Grantor resides pursuant to the
provisions of this Trust shall be deemed to be an interest in real property and not personalty and
shall be deemed to be the Grantor's homestead.
F. Grantor's Limited Power of Appointment. The Grantor at all times shall have the
power by will specifically referring to this paragraph to appoint any part or all of the trust estate to
any person or entity that is designated in any way in this instrument as a beneficiary. To the extent
that the Grantor does not effectively exercise this power of appointment, the Trustee shall
administer the trust estate as hereinafter provided.
V.
AFTER the GRANTOR'S DEATH
Upon the death of the Grantor, the Trustee shall administer the trust assets, as then
constituted, including any assets received after or as a result of the Grantor's death in the following
manner.
A. Payment of Expenses and Funeral Costs. To the extent that the Grantor's probate
assets are illiquid or insufficient to pay the costs of the Grantor's estate administration and funeral
expenses, including the cost of a suitable burial lot and perpetual care thereof and the cost of the
erection of a suitable marker at the Grantor's grave (or such of these as have not otherwise been
provided for during the Grantor's lifetime), the Trustee shall pay said expenses from the assets of
this Trust estate.
B. Payment of Taxes. Except as otherwise provided in the Grantor's Will, the Trustee
shall pay all estate, inheritance, succession, and other death taxes payable by reason of the Grantor's
death, whether in respect of property passing under this trust or otherwise. All payments shall be
made out of the principal of the trust estate and shall be charged as an administration expense
without apportionment and without any right of reimbursement from any recipient of any such
property. This authority to pay taxes shall extend to an}- interest, additions, or penalties on such
death taxes and to any inheritance taxes that the Trustee or the Grantor's personal representative
elects to prepay. This authority to pay taxes shall not extend to the following taxes imposed under
the Internal Revenue Code provisions listed below or similar taxes imposed under similar
3
provisions of any state law: (i) additional taxes imposed upon the termination of qualified use
property under section 2032A; (ii) taxes on general power of appointment property includible in the
Grantor's estate under section 2041; (iii) taxes on qualified terminable interest property includible in
the Grantor's estate under section 2044; and (iv) generation-skipping transfer tax under section 2601
(other than such tax imposed on a direct skip transfer made at the Grantor's death of which the
Grantor is the transferor, but not including any direct skip that results from a disclaimer).
C. Manner of Payment. Payments pursuant to the preceding paragraphs of this
Article shall be made directly to the proper taxing authorities and creditors, or to Grantor's personal
representative, asthe Trustee shall deem appropriate. The Trustee shall not be liable to anyone for
any such payments made in reliance on the personal representative's written requests and the
Trustee shall be under no duty to see to the application of such payments. Under no circumstances
shall the Trustee distribute to the Grantor's estate to pay debts, liens, or other claims against the
Grantor's estate, any life insurance proceeds or other assets that would not otherwise be subject to
such debts, liens, or other claims.
D. Residue. All the rest and residue of the trust estate, as then constituted and any
accumulated income, shall be distributed in equal shares to the Grantor's children, LEE
MORGENTHALER, DIANE MORGENTHALER, ELLEN MORGENTHALER and CHAP`LES
S. MORGENTHALER, JR., who shall survive the Grantor, provided, however, if a child of the
Grantor shall not survive the Grantor but shall leave descendants who survive the Grantor, then the
share such child would have received had he or she survived the Grantor shall be distributed to his
or her descendants who survive the Grantor, in equal shares, per stirpes.
VI.
TRUSTEE POWERS and AUTHORITIES
The powers and discretions hereinafter granted to the Trustee are in addition to, and not in
derogation or limitation of any other powers implied or necessary for the performance of the duties
of the Trustee, and all such powers may be exercised by the Trustee without previous application to
or subsequent ratification by any Court. The Trustee of a trust may have duties and responsibilities
in addition to those described in the instrument creating the trust. If you have questions you should
obtain legal advice.
A. Spendthrift Clause. Except as otherwise specifically provided in this Trust, the
Trustee shall make payments only into the hands of the beneficiary entitled thereto so that neither
the income nor principal shall be subject to assignment, nor be anticipated, nor be liable for the
4
debts or contracts of a beneficiary, nor be taken in execution by attachment, garnishment or other
proceeding while in the hands of the Trustee; provided, however, that deposit to the credit of a
beneficiary in any banking institution in an account established by such beneficiary shall be deemed
payment to him or to her; and provided further, that if a beneficiary be a minor or, in the judgment
of the Trustee based on professional medical advice, shall be of unsound mind whether adjudicated
an incompetent or not, or be suffering from physical or mental disorder which renders him or her
incapable of the management of the payments to which he or she may be entitled hereunder, then
the Trustee may in the Trustee's discretion expend for the benefit of such beneficiary the amounts
otherwise payable to him or her, or they may make such payments to his or her duly appointed
guardian or to the person who in the Trustee's judgment has assumed responsibility for disbursing
funds available for his or her care and support, and the receipt of any such person or corporation
shall be an absolute discharge to the Trustee for the sums so paid over.
B. Additional Assets. The Trustee shall have authority to receive other property, real
or personal, which may be devised, bequeathed, assigned, granted or made payable to the Trustee,
and all such property shall be added to principal and administered in accordance with the applicable
terms of this Trust.
C. Administrative Powers. In addition to other powers conferred by this instrument
and by law, the Trustee is empowered in the Trustee's discretion as fiduciary and without the order
or ratification of any court:
1. To invest and reinvest the trust funds in any type of property and every kind
of investment, including (but not limited to) corporate obligations of every kind, preferred or
common stocks (including those of any corporate trustee), securities of any regulated investment
trust, common trust funds (including those maintained by any corporate trustee), mutual funds,
partnership interests, and United States bonds redeemable at par in payment of federal estate tax
liabilities (for which the Trustee shall not be liable to anyone for losses resulting from the good faith
purchase of such bonds);
2. To purchase, sell, convey, exchange, release, mortgage, encumber, lease,
partition, improve, manage, protect, subdivide, or otherwise acquire or dispose of any real estate any
real estate interests or parts thereof pursuant to the•provisions of Florida law as amended, including
without limitation, Section 689.071, Florida Statutes as amended, and other applicable law.
3. To sell, assign, lease (including the power to lease for a period extending
beyond the probable duration of the trusts), develop, build, alter, improve, raze, borrow, mortgage,
exchange, or otherwise dispose of or deal with the trust assets;
4. To vote in person or by general or limited proxy the stocks or other securities
held by the Trustee; to join in, consent to or oppose any deposit agreement, reorganization
proceedings, plan of reorganization, merger, dissolution, or other adjustment of capital funds or
5
indebtedness affecting the assets held by the Trustee; to pay any assessment upon the assets held by
the Trustee; to exercise any option and to take advantage of any rights given in connection with the
assets;
5. To register assets in the name of any nominee selected by the Trustee, or to
take and keep assets unregistered so that title will pass by delivery; to deposit securities with a
clearing corporation and to permit them to be merged with securities owned by others and held in
bulk in the name of the clearing corporation's nominee, regazdless of whether any Trustee owns
capital stock of the clearing corporation; to deposit securities payable by, or guaranteed by, the
United States or any of its departments, agencies, or instrumentalities, with a Federal Reserve Bank
to permit ownership of, and other interests in, deposited securities to be transferred by entries on the
books of the clearing corporation or Federal Reserve Bank, without physical delivery of any
securities;
6. To retain all or any property received from any source, without regard to
diversification, risk, or a trustee's personal interest in such property in any other capacity;
7. To pay, compromise, compound, extend, modify, renew, adjust, submit to
arbitration, sell, or release any claims or demands of the trust against others or of others against the
trust as the Trustee shall deem advisable, and to make any payments in connection therewith;
8. To borrow money for any reasonable purpose connected with the protection,
preservation, or improvement of the trust, and create one or more mortgages on, or pledges of, any
part or all of the property included in the trust; and to lend trust funds to such persons and on such
terms, including interest rates, security, and loan duration, as the Trustee deems advisable;
9. To open checking or savings accounts, or safe deposit boxes, with any bank
or other financial institution (including the corporate trustee) empowered to accept the same;
10. To purchase any asset from the Grantor's estate and to make loans, secured
or unsecured, to it;
11. To determine whether items should be charged or credited to income or
principal or allocated between income and principal, in such manner as the Trustee deems equitable
and fair under all the circumstances, without regazd to how such items aze treated for federal estate
or income tax purposes, and to make any tax election permitted by law and to make or not make any
adjustment of any interests by reason of any such election, regazdless of the effect of such election
on any interest in any trust and the Trustee shall not be required to make any charge, reserve, or
other deduction from income for depreciation of any asset;
12. To remove any trust property, or any trust, to any state whatsoever selected
by the Trustee from the state of domicile or any other state where such property or trust may be
located, and to administer same in the state selected; and
13. To execute, acknowledge and deliver any and all instruments in writing
which the Trustee may deem advisable to carry out the terms of the trust, including the power to
indicate any division or distribution of the trust by deeds or other writings or instruments recorded
among the public records of any jurisdiction where any such property may be located.
b
D. Court Supervision. This trust estate shall not be administered under Court
jurisdiction and in the event that application is made to any Court for any purpose in connection
with the trust estate, such Court shall have jurisdiction of the specific matter at issue and shall not
retain jurisdiction over the trust estate unless requested to do so by the Trustee.
E. Terminate Trust. If the Trustee determines at any time or times that the size of any
trust does not warrant the cost of continuing the same in trust, or that its administration would be
otherwise impractical, the Trustee, in full discharge of the Trustee's duty, may terminate such trust
and pay over the remaining principal and income thereof to the person or persons then entitled or
permitted to receive or share the income of such trust in the proportions in which they are then
entitled or permitted to receive or share the income. Upon any such payment, the interest of all
succeeding beneficiaries, whether vested or contingent, shall be terminated and the Trustee shall be
relieved of all duties in connection with such fund and shall not be required to account therefor in
any court.
F. No Bond Required. No bond or other security shall be required of the Trustee or
any Successor Trustees.
G. Merger, Consolidation and Division. For convenience of administration or
investment, the Trustee of any trust created hereunder may:
Invest the assets of multiple trusts in a single fund, assigning them undivided
interests in such common fund, dividing the income proportionately and accounting for them
separately;
2. Merge or consolidate any trust created hereunder together with any other
trusts having the same Trustees and substantially the same diapositive provisions; and
3. Divide any trust created hereunder into two (2) or more separate trusts, each
such trust to contain a fractional share of the assets of the trust before such division; and to divide
any trust into two separate trusts for generation-skipping transfer tax purposes so as to create one
trust that has an inclusion ratio of zero as defined in Section 2642 of the Internal Revenue Code, and
one trust that has an inclusion ratio greater than zero.
H. Change of Beneficiaries. Until the Trustee shall receive written notice of any birth,
death, marriage, or other event upon which the right to payment from a trust may depend, the
Trustee shall incur no liability for disbursements or distributions made or omitted in good faith.
Upon the death of a beneficiary, any accrued or undistributed income shall be held and accounted
for, or distributed, in the same manner as if it had accrued and been received after the beneficiary's
7
death.
I. No Duty to Inquire. No corporation, transfer agent, or other person dealing with
the Trustee shall be obliged to see to the application of anv money or property delivered to such
trustee, or to inquire into the terms upon which any property is held by the Trustee. Any such
corporation, transfer agent, or other person may deal with any such property and with the Trustee
as if such Trustee were the owner thereof free of any trust or fiduciary capacity.
J. Employment of Agents. The Grantor authorizes the Trustee to employ any
investment counsel, corporate custodians, agents, accountants, brokers and attorneys which the
Trustee may select and pay the charges thereof from the income or principal of the trust estate;
and the Grantor directs that the Trustee, or a partnership, corporation or other entity in which the
Trustee shall he interested or by which the Trustee shall be employed may be retained in any
such capacity, and that, in such event, the charges which shall be payable to the Trustee or to any
such partnership, corporation or other entity shall be in addition to commissions or compensation
otherwise allowable to the Trustee and may be paid without prior judicial approval.
VII.
INCAPACITY OF GRANTOR OR TRUSTEE
A. Determination of Incapacity. The Grantor or any .individual Trustee shall be
'`incapacitated" for purposes of this trust whenever any Trustee, other than an incapacitated Trustee
or, if there is no such Trustee, any person who would become a successor Trustee on such
determination of incapacity, receives written certification from two physicians, one of whom shall
be the regular attending physician, that the Grantor or Trustee (as the case may be) has become
unable to act rationally and prudently in his or her own financial best interest, regardless of whether
there has been any adjudication of incompetence, mental illness, or need for a committee,
conservator, guardian, or other similar representative. The Grantor or a Trustee shall be recovered
from his or her incapacity for purposes of this trust whenever the then-serving Trustee receives
written certification from two physicians, one of whom shall be the regular attending physician, that
such incapacitated person is no longer incapacitated and is again able to manage his or her own
financial affairs. No Trustee shall have any duty to monitor the health of any person or to institute
any inquiry into a person's possible incapacity, but the expense of any such inquiry reasonably
instituted shall be paid from the trust estate.
B. Reliance on Certification. No Trustee shall be liable to anyone, including the
Grantor, for removing the Grantor or any other person from the trusteeship, if the Trustee relied in
8
good faith on the aforementioned physicians' certifications. A physician shall not be liable to any
one, including the Grantor, for certifying (or for failing to certify) in good faith that a person is or is
not incapacitated for purposes of this instrument, and such physician shall be indemnified and held
harmless from any loss occasioned by such certification or non-certification made in good faith.
C. Grantor's Incapacity. During any period of time that the Grantor is incapacitated,
the Grantor may not exercise any reserved rights or powers under this trust, including (but not
limited to) the right of revocation, amendment, withdrawal of assets, or control of Trustees, and this
trust shall be irrevocable to that extent. This paragraph shall not prohibit the Grantor's duly
authorized attorney-in-fact from exercising any power expressly granted by this trust agreement
while the Grantor is incapacitated.
D. Trustee's Incapacity. If any individual Trustee becomes incapacitated, then such
individual shall cease to serve as a Trustee during such period of incapacity.
VIII.
TRUSTEE SUCCESSION and ADMINISTRATION
A. Successor. In the event of the death, resignation or inability of CHARLES S.
MORGENTHALER, SR. to serve as Trustee, then the Grantor's daughter, DIANE
MORGENTHALER, shall become Trustee. The Trustee may designate any Co-Trustee or
successor Trustee.
B. Resignation and Appointment of Trustee. Any Trustee may resign by giving
such notice to the Grantor, if the Grantor is then living and not incapacitated. Otherwise, any
Trustee may resign by giving such notice to each adult beneficiary of the current trust income, to
the custodial parent of each minor beneficiary of the current trust income, and to the legal
guardian of any beneficiary of the current trust income having a legal guardian, each to be
determined at the time such notice is given. If no successor Trustee is designated, the Grantor (or
the Grantor's duly authorized attorney-in-fact) will appoint a successor Trustee. If the Grantor is
then incapacitated, has no duly authorized attorney-in-fact or is deceased, a successor Trustee
shall be appointed b}' written designation by a majority of the beneficiaries of the current trust
income.
C. Accounting. The Trustee shall maintain accurate records concerning the trust. No
Trustee shall be required to file any accounting with any court, public official, or person. The
Trustee may provide an annual accounting of the trust's condition, including receipts and
disbursements, and may, at any other time deemed appropriate by the Trustee, including at the time
9
of the death, resignation, or removal of any Trustee, provide an intermediate account. During the
Grantor's life, the Trustees shall deliver any such accounts to the Grantor. If the Grantor is
incapacitated, then the Trustee shall deliver such accounts to the Grantor's guardian, if there is one,
or to Grantor's attorney-in-fact, if any. After the death of the Grantor, the Trustee shall deliver such
accounts to each adult beneficiary of the current trust income, and to the legal guardian of any
beneficiary of the current trust income having a legal guardian, each determined at the time such
account is delivered. The approval in writing of an account by the designated recipient, or the failure
of the designated recipient to notify the Trustee in writing of any objection within thirty (30) days of
delivery of the account, shall be a complete release and discharge of the Trustee with respect to the
administration of the trust property for the period covered by the account and binding on all present
and future beneficiaries, whether vested or contingent.
D. Personal Liability. Each Trustee shall be deemed to have acted within the scope of
each Trustee's authority, to have exercised reasonable care, diligence, and prudence, and to have
acted impartially as to all persons interested unless the contrary be proved by affirmative evidence,
and in the absence of such proof shall not be personally liable for any loss arising from depreciation
or' shrinkage in value of any property authorized to be held or acquired. No Trustee shall be
personally liable for the acts or defaults of any other Trustee. The personal liability of each Trustee
shall be determined solely by reference to the action or non-action of such Trustee.
E. Liability for Acts of Prior Fiduciary. No Trustee shall be required to inquire into
the acts or audit the books of the Grantor's personal representative or of any predecessor Trustee.
The Trustee. shall not be liable for failure to contest the accounts or prior acts of the Grantor's
personal representative or of a predecessor Trustee, or otherwise to compel the Grantor's personal
representative or a predecessor Trustee to redress a breach of trust. The Trustee may accept the
statement or rely on the books of the Grantor's personal representative or of a predecessor Trustee
to establish the property and accounts of the trust and the Trustees shall have no obligation to make
further inquiry.
F. Compensation. In addition to reasonable expenses incurred in the performance of
the Trustees' duties under the Trust hereby created, the Trustee hereunder shall be entitled to receive
for the Trustees' services hereunder just and reasonable compensation. Such compensation may be
paid without prior or subsequent approval of any court.
10
IX.
PAYMENT TO MINOR OR DISABLED PERSON
If any person to whom income or principal is payable under this instrument is then a
minor (defined as under twenty-one years of age), or if such person is determined in the
discretion of the Trustee, with or without certification of incapacity, to be unable to act rationally
and prudently in his or her own financial best interest, then the Trustee may make payments of
such income and principal in any of the following ways deemed appropriate by the Trustee: (1)
to such person, (2) to the legal guardian of the person, (3) in the case of a minor, to a custodian
(who may be the Trustee) under any applicable Uniform Transfers (or Gifts) to Minors Act, or
(4) the Trustee may pay or apply any part or all thereof for the benefit of such person. Any such
payments may be made, received, and applied without the necessity of any accounting to,
qualification in, or approval of any court. Any such payments made in goad faith shall be
deemed proper and shall constitute a complete release and discharge to the Trustee therefor and
the Trustee shall have no duty to see to the actual application for the benefit of such person of the
payment.
X.
TERMS
Wherever in this Trust Agreement reference is made to the masculine gender, it shall be
construed to include the feminine gender and vice versa, and the neuter, unless the context clearly
indicates otherwise. Wherever in this Trust Agreement reference is made to the Trustees either in
the singular or plural as "it'' or "its," "they" or "them," it shall be construed to include any person or
persons who shall be acting in said capacity from time to time. Any reference to a distribution "per
stirpes" shall be construed in such manner as shall preserve, at the time of distribution, equality
between or among those lines of descent having one or more then living members in relationship to
the person of whom the "stirpes" are to be determined.
XI.
REPRESENTATION OF BENEFICIARIES
In any proceeding involving the construction, administration, modification, or termination of
this instrument or of any trust under this instrument, the knowm, living beneficiaries shall represent
the interests of all unborn. unknown, and unascertained beneficiaries. In any such proceeding, it
shall not be necessary to serve process upon, or make a party to an~~ such proceeding, any person
under a disability where another party to the proceeding who is not under a disability has the same
CHARLES S. MORGENTHALER, SR. REVOCABLE TRUST
SCHEDULE A
The following is listing of the property transferred (or to be transferred) to the Trustee of the
CHARLES S. MORGENTHALER, SR. REVOCABLE TRUST. This Schedule A is included only
for the convenience of the Trustee and beneficiaries, and any failure to list trust assets on this
schedule shall in no way affect the trust's ownership of those assets.
14
interest as the person under a disability.
XII.
MARYLAND LAW
All questions pertaining to the validity of any trust hereunder and its construction and
administration shall be determined in accordance with the laws of Maryland, unless otherwise
herein expressly provided.
IN WITNESS WHEREOF, the Grantor and the Trustee have executed this instrument as of
the day first above written.
WITNESS:
//;
yc
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J:.~ t,~.~l~ f
STATE OF FLORIDA )
CITY/COUNTY OF ~~~~~ )
r
(SEAL)
CHARLES S. MORG NTHALER, SR.,
Grantor and Trustee
We, CHARLES S. MORGENTHALER, SR., the Grantor, and
~1Q (~.f~h~ff and ~-~C,'~~.~c _~i1'1Sj~c the
wrtnesse respectively, whose names are signed to the foregoing ARLES S.
MORGENTHALER REVOCABLE TRUST, do hereby declare to the undersigned officer that the
Grantor signed the instrument as his Revocable Trust Agreement, that he accepted the same as
Trustee, and that he signe voItiuitarily, and that each of the witnesses in the presence of the Grantor,
at his requ t, and in the r s ce of each other signed the Trust as a witness.
Wit es ~,q Y~~ ,f , ~ J,~/~ ~C CHARLES S. MORGENT ALER, SR.,
Grantor and Trustee
d~,. I.;,
J
12
Subscribed and sworn to before me by CHARLES S. MORGENTHALER, SR., the
Grantor, who is personally known to me, by ~ ~ (,~ ~'~ 1 ~ ~ . a witness,
___-
who is personally known to me, and by - ~ r'' ~ ~1 C' ~t 1~~~ C , a witness, who is
,~ ~,~4
personally known to me, this ---d-~--}iay of ~`~~i ~ l ~ ~ _ , 2005.
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;ov; ~,,,, usa a Mc,~aoo ,-,
=f'`' "`~?. MY COMM1SS1oN si DD 13064 My ommission Expires: ~,^ ~ ~'(~
Y` .~` EXPIRES:Juty 2 2006
~p 8atded TMU Notary Rb~ Und~~
13
,s, , o,e~~~~A ~ j~cNE n
~G ~7 Q T~ ST ~ LAST WILL AND TESTAMENT
S T' nE' %E 3 ~ ~v 4
OF
CHARLES S. MORGENTHALER, SR.
I, CHARLES S. MORGENTHALER, SR., of the State of Florida, being of sound and
disposing mind and hereby intending to dispose of all property belonging to me at my death, of
whatsoever kind and wheresoever situate, do hereby make, publish and declare this to be my
Last Will and Testament, and hereby revoke all former Wills and Codicils that may have been
heretofore made by me.
ARTICLE I.
I direct that the costs of the administration of my estate and my funeral expenses,.
including the cost of a suitable burial lot and perpetual care thereof and the cost of the erection of
a suitable marker at my grave (or such of these as have not otherwise been provided for during
my lifetime) shall be paid from my residuary estate. The amount to be expended for all burial
arrangements shall be free of any limitation imposed by ]aw and shall not require an order of
court. '
ARTICLE II.
I have made provision in the CHARLES S. MORGENTHALER, SR. REVOCABLE
TRUST for the payment of all estate, inheritance, succession, and other death taxes payable by
reason of my death, whether in respect of property passing under this Will or otherwise, out of the
property of such Trust in accordance with the terms and limitations thereof, and I do hereby confirm
such directions.
ARTICLE III.
I give all my tangible personal property and all unexpired insurance thereon to my
children, LEE MORGENTHALER, DIANE MORGENTHALER, ELLEN MORGENTHALER
and CHARLES MORGENTHALER, JR., who survive me in as nearly equal shares as may be
practicable considering the nature of the articles to be divided and having due regard for the
preferences of my children who in the sole judgment and discretion of the Personal
~5~n
Representative shall be capable of expressing a reasonable preference. All final decisions
regarding the allocation of my tangible personal property among my surviving children shall be
in the sole discretion of the Personal Representative. All such articles not so distributed may be
sold or otherwise disposed of by the Personal Representative as the Personal Representative may
deem advisable and the net proceeds thereof shall be distributed in equal shares to my surviving
children. I direct the Personal Representative to pay any costs of insurance, storage and
transportation incurred in the distribution of the aforesaid items of personal property from my
residuary estate.
ARTICLE IV.
I give all the rest and residue of my estate of whatsoever kind, nature and description and
wheresoever the same may be situate, which I may now own or be entitled to at the time of my
death, or over which I have a power of testamentary disposition, to the CHARLES S.
MORGENTHALER, SR. REVOCABLE TRUST, created by me during my lifetime, as amended
from time to time, to be added to the principal and retained in trust and/or distributed in the same
manner and under the same conditions as would have applied to the principal of the trust had it
been created at the time of this distribution. In the event such trust no longer exists, then I give
the rest and residue of my estate in accordance with the provisions of such trust as if it did then
exist.
ARTICLE V.
My Personal Representative and any successors will have the following powers given by
law in Chapter 733 of the Florida Probate Code. These powers may be exercised without the
consent of any beneficiary and without court approval, and I intend that these powers be
construed in the broadest possible manner:
A. I authorize the Personal Representative to sell at public or private sale any real or
personal property owned by me at the time of my death, at such price or prices and upon such
terms and conditions as the Personal Representative may deem advisable or proper, and to
charge all broker's commissions and other expenses of sale as estate administration expenses;
also to deed, assign, convey, mortgage, lease, borrow, invest money, and otherwise to deal with
z y~w~
G
my estate as the Personal Representative shall deem appropriate in the sole and absolute
discretion of the Personal Representative, and to compromise claims against or owing to my
estate; and to vote in person or by either limited or general proxy securities constituting a part of
my estate without liability for loss by reason of the exercise of such voting rights; and to execute
guarantees and indemnity agreements binding my estate; and to employ counsel in the
administration of my estate, charging all such counsel fees as estate administration expenses and
not as a diminution of the compensation which the Personal Representative may be allowed; all
of which powers shall be exercised without prior application to or subsequent ratification by any
court having jurisdiction over the administration of my estate. It is my intention that the
enumeration of the above powers shall not be a limitation upon the exercise by the Personal
Representative of other powers conferred upon the Personal Representative by law.
B. During the administration of my estate, the Personal Representative may make
advances on the Personal Representative's commissions, on counsel fees, accounting fees,
experts' fees, and on other fees, expenses and charges incurred in the administration of my
estate, prior to the judicial settlement of the accounts of the Personal Representative as the
Personal Representative may determine to be just and reasonable.
C. I authorize the Personal Representative to employ any investment counsel,
corporate custodians, agents, accountants, brokers and attorneys which the Personal
Representative may select and pay the charges thereof from the income or principal of my estate;
and I direct that the Personal Representative, or a partnership, corporation or other entity in
which the Personal Representative shall be interested or by which the Personal Representative
shall be employed may be retained in any such capacity, and that, in such event, the charges
which shall be payable to the Personal Representative or to any such partnership, corporation or
other entity shall be in addition to commissions or compensation otherwise allowable to the
Personal Representative and may be paid without prior judicial approval.
D. I hereby authorize the Personal Representative to carry out the terms of any valid
agreement to which I am a party, and which is in existence at the time of my death.
E. The Personal Representative shall be and is hereby absolved and exonerated from
any individual responsibility or liability for any loss which may result to any property passing
3 ~,~~
under this Will or otherwise than under this Will or which may result to any person in connection
with the exercise or non-exercise of the powers, authority or elections granted to the Personal
Representative under this Will or conferred by law so long as the Personal Representative shall
have been acting in good faith and without gross negligence.
F. I authorize the Personal Representative to make any tax election permitted by law
and to make or not make any adjustment of any interests by reason of any such election, in such
manner as the Personal Representative deems best, regardless of the effect on any interests under
this Will. Without limiting the foregoing, the Personal Representative may elect or choose (i) the
time of payment of estate or inheritance taxes, including taxes on a life or remainder interest; (ii)
payment of such taxes in installments; and (iii) to allocate any portion of my generation-skipping
transfer tax exemption.
ARTICLE VI.
I hereby nominate and appoint my daughter, DIANE MORGENTHALER, to be the
Personal Representative of this, my Last Will and Testament. I direct that the Personal
Representative be excused from the necessity of giving bond, other than that required by law. In
the event of the death, resignation, or inability to serve of my daughter, DIANE
MORGENTHALER, I hereby nominate and appoint CHARLES S. MORGENTHALER, JR., as
substitute Personal Representative. I hereby confer upon the substitute Personal Representative
the same powers, discretion, duties, and immunities given to the one originally named herein.
ARTICLE VII.
A. Wherever in this Will reference is made to the masculine gender, it shall be
construed to include the feminine gender and vice versa unless the context clearly indicates
otherwise.
B. Wherever in this Will reference is made to the Personal Representative either in
the singular or plural as "it" or "its," "they" or "them," it shall be construed to include any person
or persons who shall be acting in said capacity from time to time.
C. The term `'Chapter 733 of the Florida Probate Code" means that Chapter as from
4 / ,~(__
S. W. Barrett Reai Estate 8~ Appraisal Services
File No.
APPRAISAL OF
L
LOCATEd AT:
1356 Creek Road
Cariisie, PA 17015-8937
FOR:
Diane Morganthaler
4118 Yuma Drive
Madison, Wl 53711
AS OF:
June 24, 2008
BY:
Stan A. Skowronek
Certified Residential Appraiser
S, W. Barrett Real Estate 8~ Appraisal Services
Na, 08-0193
06/27/2008
Diane Morganthaler
4118 Yuma Drive
Madison, W! 53711
File Number: 08-0193
In accordance with your request, I have appraised the real property at:
1356 Creek Road
Car{isle, PA 17015-8937
The purpose of this appraisal is to develop an opinion of the defined value of the subject property, as improved
The property rights appraised are the fee simple interest in the site and improvements.
In my opinion, the defined value of the property as of June 24, 2008 is:
$530,000
Five Hundred Thirty Thousand Dollars
The attached report contains the description, analysis and supportive data for the conclusions,
final opinion of value, descriptive photographs, assignment conditions and appropriate certifications.
Respectfully submitted
~..7~.CXJ~ r~~^P 1~
Stan A. Skowronek
Certified Residential Appraiser
Summary
Residential Appraisal Report File No. 08-0193
The purpose of this appraisal report is to provide the dlent with a aedibie opinion of the defined value of the subjed property, given the intended use of the appraisal.
Client Namellntended User Diane MOr anthaler ~ E-mail N/A
client Address 4118 Yuma Drive ci Madison State WI zi 53711
Additional Intended Use s The Intended User of this a raisal report is the Client. No additional intended Users are permitted withot
the ermission of the a raisers .
Intended use The Intended Use is to evaluate the roe that is the sub-ect of this a raisal to rovide the Client with an
accurate and ode uatel su orted o inion of value.
Pro er Address 1356 Creek Road City CCarlisle state PA zip 17015-8937
owner of Public Record Rachel N. Mor enthaler Coun Cumberland
Le al Desai lion Deed Book 249 a e 410
" Assessor's Parcel # 46-07-0477-001 lax Year 07/08 R.E. Taxes ~ 1 057.00
Nei hborhood Name West Pennsboro Townshi Ma Reference 07-0477 Census Tract 0128.00
My research ~R) ditl I ditl not reveal any prior sales or transfers of the subject property for the three years prior to the effective date of this appraisal
Prior Sale/Transfer: Date 01I10l2002 Price 1 Source(s) Courthouse
Analysis of poor sale or transfer history of the subject property (and comparable sales, if applicable) No prior transfers within the past three years
Offerings, options and contrails as of the effective date of the appraisal
Nelphborhood ChaTactierfatics One-Unit Housing Trends One-Unit Housing Present Land Use
Location Urban Suburban X Rural Pro er Values Inaeasin X Stable Declinin PRICE AGE One-Unit 20
Built-U Over 75% 25-75°k X Under 25°1o DemandlSu 1 Shorta e X In Balance Over Su I $ 000 rs 2-4 Unit 0
Growth Ra id X Stable Slow Marketin Time Under 3 mths X 3.6 mths Over 6 mths 100 Low NeW Multi-Famil 0
- Neighborhood Boundaries The subject is bounded on the north b route 997 on the east b 225 Fri h 100 Commercial 0
Old Mill Rd on the south b Newvilfe Rd and on the west b Center Rd. 150 Pred. 30 otner Vac 80
~ Neighborhood Description The subject is located in an area of mixed residential and agricultura l use which is common to Western
~• Cumberland Coun !t is within reasonable drivjn distance to ammenities such as schools sho in and em to ment.
Market conditions (including support for the above conclusions) Property sales records and MLS statistics show a steady, moderate increase in_
roe values over the ast ear. Avera a marketing time of 90-180 days shows a good balance of supply and demand.
Few sales and financin concessions are needed in the neighborhood.
Dimensions See le al descri lion Area 103.07 Acres m/I Shape Irregular view Open country
S ecific Zonin Classification A Zonin Desai lion A riCUltural
Zonin Com !lance X Le al Le a1 Nonconformin Grandfathered Use No Zonin Ille al desaibe
Is the highest and best use of the subject property as improved (or as proposed per plans and specifications) the present use? X Yes No If No, desaibe.
Utilities Public Other desaibe Public Other describe) Off-site Improvements-Type Public Priv
Electrici X Water X Wel! Street Macadam X
Gas X Pro one Sanita Sewer X Se tic AHe None
Site Comments Private water and sanitary systems are common to the area and have no adverse affect upon marketability.
'GENERAL DESCRIPTION °' FOUNDATION EXTERIOR DESCRIPTION materials INTERIOR materials
Units X One One with Accesso Unit Conaete Slab Crawl S ace Foundation Walls Stone/Fair Floors Cr UVin/Pine!
# of Stories 2 FuII Basement X Partial Basement Exterior Walls AIumIPI dlFair Walls PlstrlDWlPnllf
T e X Det. Att. S-Del./End Unit Basement Area 60 s . ft. Roof Surface Metal/Fair TrimlFinish WOOd/Fair
X Existin Pro used Under Const. Basement Finish 0 % Gutters a Downs outs Aluminum/Fair Bath Floor Vin I/Fair
Desi n S le 2 St0 X Outside En !Exit ' Sum Pum Window T e Wood FramelFair Bath Wainscot Panel/Fair
Year Built 1900 Storm Sash/Insulated No/Fair Car Store e None
Effective A e Yrs 40-45 No Heatin S Stem Screens No/Fair Drivewa # of Cars 6
Attic None Heatin FWA H`NBB Radiant Amenities WoodStove s # Drivewa Surface Stone
Dro Stair Stairs Other Fuel Fire laces # Fence Gara e # of Cars
Floor X Scuttle Cooiin Central Air Conditionin PatiolDectr X Porch Car ort # of Cars
Finished Heated Individual Other Pool Other Att. Det, 8uih
A (lances Refri orator X Ran elOven Dishwasher Dis osal Miaowave WasherlD er Other desaibe
Finished area above grade contains: 5 Rooms 3 Bedrooms 1 Bath(s) 1,869 Square Feet of Gross Living Area Above Grs
' Additional Features Front enclosed porch in fair condition.
Comments on the Improvements The improvements are in fair condition showing visible signs of deferred maintenance. No direct
heating source. Portable heaters are used to heat the rooms when required.
par Ro°usA using AGI sottwate, 800 2]4.8727 www aaweD com TAis lam Copyright ®2005~2Wfi AGI Dwisron M ISO Claims Services. Inc.. Atl R~gnls Resr
Page t of 2 (GPAR "')General Purpose Appraisal Report 121
ccAfl iuca_cF o4»
Summary
Residential Appraisal Report
Fife No. OS-0193
FEATURE SUBJECT COMPARABLE SALE N0. 1. COMPARABLE SALE N0.2 COMPARABLE SALE N0.3
1356 Creek Road
Address Carlisle 125 Frytown Road
Newville 239 Clover Hill Road
Newbur 1130 Center Road
Newville
Proximi tosuhect 1.2 MI wsw 14.0 MI WSW 4.8 MI W
Sale Price $ $ 420 000 ; ` $ 630 000 $ 475 OOC
Sale RicelGross liv. Area $ 0.00 s . ft. $ 273.44 s , ft. $ 317.86 s . rt. $ 190.61 s . ft.
Data Sources Ins ection A Data MLS MLS
Verification Sources .Courthouse. Courthouse Courthouse Courthouse
VALUE ADJUSTMENTS DESCRIPTION DESCRIPTION +(-)S Adjustment DESCRIPTION +(-)SAdjOStmertt DESCRIPTION ~(~)SAdjustment
Sale or Financing
Concessions 'NIA Unknown None, Conv None,Conv
Oate of Sale(iime N/A 05/08/2006 29 $20 0212612007 12 600 05!31/2007
Location Rural Suburban Rural Rural
LeaseholdlFee Sim le
Fee Sim le
Fee Sim {e
Fee Sim le
Fee Sim le _
site 103.07 AclAv 105.47 Acres -9 600 105.66 AclAv -10 360 45.35 AclAv 230,880
view O en count O en count O en count O en count
Desi n S le 2 Sto 2 Sto 2 Sto 2 Sto
Quafi of Construction Avera a Avera a Avera a Avera e
~ Actual A e 100+ Years 100+ Years 100+ Years 100 + Years
Condition Fair Avera a -75 000 Avera a -75 000 Avera a -75 000
Above Grade Total Bdrms. Baths Total Bdrms Baths Total ahms Baths Total Bdrms Baths
• Room Count 5 3 1 6 3 1 7 3 2 -4 000 8 5 2 -4 000
'. GrossLtvin Area15.00 1 869 s . ft. 1 536 s . ft. 4 995 1 982 s . ft. -1,695 2 492 s . ft. -9 345
Basement 8 Finished
• Rooms Below Grade Partial 8smt
Unfinished Full Bsmt/
Unfinished Partial Bsmt
Unfinished Partial Bsmt
Unfinished
Functional Utili Avera a Avera a Avera a Avera e
- Heatin iCoolin None FHA/None -7 500 HWBBINone -7 500 FHAINone -7 500
Ener Efficient Items T ical T feat T ICaI T ical
Gara elCar ort None 1 Car Gara a -5 000 Car ort -1 500 None
PorchlPatiolDeck Encl. Porch Porches/ Encl. Porch Wr PIEnP/Pto -10 000
Barn BarnlPoleBld s -5 000 BarnlMacShed -5 000 Barn/Sho -5 000
None 1 Fire lace -2 500 1 Fire lace -2 500 None
Net Ad'ustment Total + X - $ 69 7$5 + X - $ 94 955 X + - $ 120 035
Adjusted Sale Rice
of Com ambles Net Adj. -16.6°lo
Gross Ad'. 33.2°k
$
350 215 Net Adj. -15,1 %
Goss Ad'. 19.1 %
$ 535 045 Net Adj. 25.3°%
Gross Ad'. 71.9%
$ 595 035
Summa of Sales Comparison Approach Op inion of value range is $350,000 to $595,000. Surplus acreage adjustments are made at
$4 000 er acre. Lack of lar e a ricultural acrea a corn arabfes within the sub'ect's immediate vicinit re uired an e~anded
search area. These are the best sales com ambles known to be available.
COST APPROACH TO VALUE _
site value Comments A two ear search of lar a vacant a ricultural tracts located only one of 107.05 a cres ~ $400,000 or 3,736 -
SAY - $4 000 er acre. 103.07 a cres $4 000 er acre = $412 280 -SAY - $415,000.
ESTIMATED REPRODUCTION OR REPLACEMENT COST NEW OPINION OF SITE VALUE . . ................... ................... _ $ 415 000
Source of cost data DweNin S . FL $ = $ 0
,' Quali ratin from cost service Effective date of cost data S , Ft. $ .. _ $ 0
Comments on Cost roach rocs livin area calculations, de reciation, etc.
Cost A roach deemed a oor indicator of value due to a e Gara a/Car ort 0 s . Ft. $ .... _ $ 0
• of the im rovements. Estimated Remainin Economic Life - Total Estimate of Cost-New = $ 0
15-20 eaiS. Less Ph sical Functional External
De reciation = $~ p j
De reciated Cost of Im rovements ............. . ................. _ $ 0'
"As-is" Value of Site Im rovements ............. ................ .. _ $
INDICATED VALUE BY COST APPROACH ..... . ............... _ $ N/A
INCOME APPROACH TO VALUE
Estimated Month/ Market Rent $ NIA X Gross Rent Multi tier N/A = $ NIA Indicated Value by Income Approach
Summary of Income Approach (including support for market rent and GRM) NIA
Indicated Value b Sales Com arlson A roach S 530 000 Cost A roach if develo ed 5 N/A Income A pproach iit developed S N/A
The Market Data Anal sis su orts m o inion of value for the sub'ect. The Cost A roach was not deemed an a ro riate
indicator of value due to the a e of the sub'ect and therefore was not included herein. The Income Approach was also
• deemed ina ro riate for this anal sis.
This appraisal is made X "as is" subject to completion per plans and spetcifications on the basis of a hypothetiral condition that the improvements have been completed,
^ subject to the following repairs or alterations on the basis of a hypothetical condition that the repairs or alterations have been completed ^ subject to the following:
• A sisal is for client onl nontransferable.
Based on the scope of work, assumptions, limiting conditions and appraiser's certification, my (our) opinion of the defined value of the real property
that is the subiect of this report is $ 530,000 as of 06/24/2008 ,which is the effective date of this appraisal.
~ar~Ml. ~...~.,a. r
Produced unng ACI software, 800 274 8727 www.ac~we0 wm This lam Cop}+i9nt 02005-2006 ACI ~~viswn of 150 Claims Servicas. Inc Ait R,ghts Reaeive°
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S.W. Barrett Real Estate & Appraisal Services