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HomeMy WebLinkAbout03-0067Register of Wills of Cumberland County, Pennsylvania PETITION FOR GRANT OF LETTERS Estate of RUTH E. ENGLE also known as Late of Upper Allen Township, Cumberland County, PA , Deceased Social Security No. 192-30-6307 PeUtioner(s), who is/are 18 yearn of age or older, apply(ie~) for: (COMPLETE "A" OR "B" BELOW:)  A. Probate and Grant of Letters and aver that Petitioner(s) is/are the executor named in the Last Will of the Decedent, dated July 27, 1998 and codicil(s) dated N/A State relevant c~rcumstances, e.g., renunciation, death of executor, etc. Except as follows, Decedent did not marry, was not divorced, and did not have a child born or adopted after execution of the documents offered for probate; was not the victim of a killing and was never adjudicated incompetent: 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 that Decedent left no Will and was survived by the following spouse (if any) and heirs: Name Relationship Residence (COMPLETE IN ALL CASES:) Attach additional sheets if necessary. Decedent was domiciled at death in Cumberland County, Pennsylvania, with her last family or principal residence at 868 Messiah Villaqe, P.O. Box 2015, Mechanicsburq, Upper Allen Township, Cumberland County, PA 17055 (list streat, number and municipality) Decedent, then 67 years of age, died January 13, 2003, at Messiah VillaRe, Upper Allen Township, Cumberland County, PA (Location) Decedent at death owned property with estimated values as follows: (If domiciled in PA) All personal property .............................................. $ 190,000.00 (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 ..................................................................... $ 190,000.00 Real Estate s tuated as fo ows: NONE 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: Typed or printed name and residence J. Harold Engle 868 Messiah Village, P.O. Box 2015, Mechanicsburg, PA 17055 Form RW-1 Page 1 of 2 (Dauphin County - Rev. 9/92) / Oath of Personal Representative Commonwealth of Pennsylvania County of Cumberland The Petitioner(s) above-named swear(s) and afffirm(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 the estate acc, et'ding to ~aw. Sworn to and affirmed and subscribed ..' before me this 23rd day of D~nna H. Ot~o-,lst'[Q~puty/~z' DECREE OF REGISTER Estate of Ruth E. Engle Deceased No. 21-2003-67 also known as Social Security No: 192-30-6307 Date of Death: January 13, 2003 AND NOW, January 23rd ,2003, in consideration of the Petition on the reverse side hereon, satisfactory proof having been presented before me, IT IS DECREED that Letters · Testamentary [] of Administration are hereby granted to J. Harold Engle (c.ta.; d.b.n.c.t.; pendente lite; durante absentia; durante mirmritate) in the above estate and that the instrument(s), if any, dated July 27, 1998 described in the Petition be admitted to probate and filed of record as the last Will of Decedent. FEES Letters ........................... $ Shod Certificate(s).. ........ 8 $ 24.00 Renunciation .................. $ Affidavit ( ) ................. $ Extra Pages ( ? ) ............ $ 21.00 Codicil ..........................$ JCP Fee ........................ $ 10.00 Inventory & Tax Forms... $ Other ............................$ 235.00 ~ . uonna M. Otto,~.st Deputy Attorney: I.D. No: Address: TOTAL ................ $ 290.00 Telephone: DATE FILED: Form RW-1 Page 2 of 2 (Dauphin County - Rev, 9/92) MA~LED LETI~ TO ATlXDRNE~ ON 1-23-2003 Jeffrey A. Ernico, Esquire 07981 3401 North Front Street, P.O. Box 5950 Harrisburg, PA 17110-0950 717-232-5000 January 23rd, 2003 315786 ARNING: IT IS ILLEGAL TO ALTER THIS COPY OR TO DUPLICATE BY PHOTOSTAT OR PHOTOGRAPH. COM?~ONWEALTI-! OF PENNSYLVANIA DEi~APTMENT OF HEALTH VITAL RECORDS LOCAL, REGISTRAR'S CERTIFICATION OF DEATH CERT. NO, T 5316421 1-20-03 Date of Issue of This Certification Name of Decedent RIT'I'H Sex FEN[ALE Social Security No. Date of Birth _ 2-15-3 5 Birthplace Place of Death MESSIAH VILLAGE Race ~¢HITE Marital Status _ Informant_ J. Name and Address of Funeral Establishment E. ENGLE 192-30-6307 Date of Death 1-13-03 PENNSYLVANIA City Borougl- or Townshrp _Occupation EDUCATOR Armed Forces? (Yes or No) NO Decedent's MARRIED Mailing Address 868 MESSIAH VILLAGE PO BOX 2015 MECHANICSBURG PA HAROLD ENGLE Funeral Director DAVID T. SEKELY CUMBE~ UPPER ALLEN TWP. Pennsylvania Part I: Immediate Cause __130 N. MARKET STREET ELIZABETHTOWN, PA ACUTE RENAL FAILURE (a) Interval Between Onset and Death (b) (c) Part I1: (d) Other Significant Conditions CASTLEM. AN'S DISEASE Manner of Death Natural -~ Accident ~ Suicide I~} Homicide Pending Investigation Could not be Determined Describe how injury occurred: Name and Title of Certfier L. ZIMlV~ERMAN, M.D. Address LR~OYNE (M.D., D.O., Coroner, ME.) This 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. ~t~j~ ~~ _ 36-338 1-17-03 25 IRIS CIRCLE ELIZABETHTOWN 21-2003-6'/ OF RUTH E. ENGLE I, RUTH E. ENGLE, of Elizabethtown, Lancaster County, Pennsylvania, being of sound mind and disposing memory, though I realize the uncertainty of this life, I have full confidence and trust in my Lord and Savior, Jesus Christ, in His death on the cross for my sins and in His shed blood as an atonement for my soul; and I know by faith that because of His sacrifice on the cross for me I have eternal life, do hereby make this Will, hereby revoking 'all my former Wills and Codicils. ITEM I: I direct that all inheritance and estate taxes becoming due by reason of my death, whether payable by my estate or by any recipient of any property, shall be paid by the Executor out of the residue of my estate, as an expense and cost of administration of my estate. The Executor shall have no duty or obligation to obtain reimbursement for any such tax so paid, even though on proceeds of insurance or other property not passing under this Will. ITEM II: I direct that any of my legally enforceable debts, any expenses of my last illness, funeral and burial, and any of the administrative expenses of my estate shall be paid from the principal of the residue of my estate disposed of by Item IV of this Will. ITEM III: If I die before my husband, J. HAROLD ENGLE, I give to him all of my household furniture and furnishings, books, pictures, jewelry, silverware, automobiles, wearing apparel and all other articles of household or personal use or adornment and all policies of insurance thereon. If I do not die before my Page 1 ~/~ ~ husband, I make this gift to my children living at my death, to be divided among them in as nearly equal shares as they may agree. In the event of an irreconcilable disagreement among my children, they shall take alternate turns selecting individual items with my oldest child making the first selection. Any items not so selected shall be sold and proceeds shall pass as a part of my residuary Estate. ITEM IV: I give the residue of my estate, not disposed of in the preceding portions of this Will, to the Trustees, IN TRUST, of THE RUTH E. ENGLE REVOCABLE TRUST dated the same date as this will, executed by me as Settlor and as Trustee, to be administered and distributed in accordance with its terms. My Executor and Trustee shall retain all articles of real and personal property specifically referenced in my Trust Agreement for distribution upon my death. ITEM V: The Executor shall possess the following powers, exercisable without court approval and in a fiduciary capacity only: (a) To retain any investments I have at my death, including specifically those consisting of stock of any bank even if I have named that bank as the Executor. (b) To vary investments and to invest in bonds, stocks, notes, real estate mortgages or other securities or in other property, real or personal, without being restricted to so-called "legal investments", and without being limited by any statute or rule of law regarding investments by fiduciaries. (c) In order to divide the principal of my estate or make distributions, the Executor is authorized to distribute personal property and real property partly or wholly in kind, and to allocate specific assets among beneficiaries so long as the total market value of each share is not affected by the division, distribution or allocation in kind. The Executor is Page 2 authorized to make, join in and consummate partitions of lands, voluntarily or involuntarily, including giving of mutual deeds, or other obligations, with as wide powers as an individual owner in fee simple. (d) To sell either at public or private sale any or all real or personal property severally or in conjunction with other persons, and to consummate sale(s) by deed(s) or other instrument(s) to the purchaser(s), conveying a fee simple title. No purchaser shall be obligated to see to the application of the purchase money or to make inquiry into the validity of any sale. The Executor is authorized to make, execute, acknowledge and deliver deeds, assignments, options or other writings as necessary or convenient to carry out the powers conferred upon the Executor. (e) To mortgage real estate, and to make leases of real estate. (f) To borrow money from any person, including the Executor, to pay indebtedness of mine or of my estate, expenses of administration or inheritance, legacy, estate and other taxes, and to assign and pledge assets of my estate. (g) To pay all costs, taxes, expenses and charges in connection with the administration of my estate. (h) To make distributions of income and of principal to the proper beneficiaries, during the administration of my estate, with or without court order, in such manner and in such amounts as my Executor deems prudent and appropriate. (i) To vote shares of stock which form a part of my estate, and to exercise all the powers incident to the ownership of stock. Page 3 (j) To unite with other owners of property similar to property in my estate to carry out any plans for the reorganization of any company whose securities form a part of my estate. (k) To disclaim any interest in property which would devolve to me or my estate by whatever means, including but not limited to the following means: as beneficiary under a will, as an appointee under the exercise of a power of appointment, as a person entitled to take by intestacy, as a donee of an inter vivos transfer, and as a donee under a third-party beneficiary contract. (1) To prepare, execute and file tax returns of any type required by applicable law, and to make all tax elections authorized by law. (m) To allocate expenses of administration between income and principal, as the Executor deem appropriate. (n) To employ custodians of property, investment or business advisors, accountants and attorneys as the Executor deems appropriate, and to compensate these persons from assets of my estate, without affecting the compensation to which the Executor is entitled. (o) To do all other acts in the Executor's judgment deemed necessary or desirable for the proper and advantageous management, investment and distribution of the estate. (p) To make elections, decisions, concessions and settlements in connection with all income, estate, inheritance, gift or other tax returns and the payment of such taxes, without obligation to adjust the distributive share of income or principal of any person affected thereby. Page 4 (q) To file the appropriate election in accordance with Section 2056(b) (7) (B) (v) of the Internal Revenue Code to designate whatever portion of the assets composing my federal gross estate that the Executor, in the Executor's sole discretion, determines should qualify for the marital deduction. In making this determination, the Executor is directed to consider the present and projected financial requirements of my Husband, the expected period of survivorship of my Husband and the assets that have passed to my Husband other than under the provisions of this Will. ITEM VI: If My Husband and I die under such circumstances that it is impossible to determine which of us survived, it shall be conclusively presumed and this Will shall be construed as if My Husband had survived me. If any person, other than My Husband, and I die under such circumstances that it is impossible to determine which of us survived, it shall be conclusively presumed and this Will shall be construed as if such person had predeceased me. ITEM VII: I hereby nominate, constitute and appoint my Husband, J. HAROLD ENGLE, be the Executor. In the event my Executor is unable to serve or for any reason is unable to complete the responsibilities of executor, I nominate and appoint my son, KEVIN L. ENGLE, as successor Executor. In the event KEVIN L. ENGLE is unable or unwilling to serve as successor Executor, I nominate and appoint my sons, JAY L. ENGLE and CLIFFORD L. ENGLE, as successor Co-Executors. If either successor Co-Executor is unable to serve or for any reason is unable to complete the responsibilities of Co-Executor, the other then serving Co-Executor may serve as sole Executor. In the event of the death, inability or refusal of both to serve, I appoint MELLON BANK, N.A., to serve as the Executor. All references herein to the "Executor" shall mean my originally appointed Executor or my successor Executor, as the case may be. My Executor is specifically relieved from the obligation of filing bond or entering security. Page 5 /~. ~5~ ITEM VIII: I appoint My Husband as Guardian of the estates of any minor beneficiaries under this Will, and/or the estates of any minor beneficiaries under the said RUTH E. ENGLE REVOCABLE TRUST including the proceeds of any life insurance on my life payable to such minors and any other property, rights or claims with respect to which I am entitled to appoint a guardian and have not otherwise specifically done so. The Guardian shall have full authority to use such assets, both principal and income, in any manner the Guardian shall deem advisable for the best interests of the minor, including college and graduate education, and professional, vocational or technical training, without securing a court order. If My Husband is unable or unwilling to act or continue to act, for any reason whatsoever, I appoint sons, JAY L. ENGLE and CLIFFORD L. ENGLE, as Guardians. Page 6 /~ f IN WITNESS WHEREOF, I have set my hand and seal to this, my Last Will and Testament, consisting of this and the preceding six (6) pages, at the end of each page of which I have also set my initials for greater security and better identification this ~ ~day of ~~ ,1998. RUTH E. ENGLE We, the undersigned, hereby certify that the foregoing Will was signed, sealed, published and declared by the above-named Testatrix as and for her Last Will and Testament, in the presence of us, who, at her request and in her presence and in the presence of each other, have hereunto set our hands and seals the day and year first above written, and we certify that at the time of the execution thereof, the said Testatrix was of sound and disposing mind and memory. ~SEAL'T Residing at Residing at Page 7 COMMONWEALTH OF PENNSYLVANIA · COUNTY OF ( : SS. We, RUTH E. ENGLE, the Testatrix, and '~J~ ~tA'% ~. }-- ~ ~] : ~ (~ (,~ ~ ~ ' /l-- ' ~0 ~f'~f#~gq~ and ~//~'~--~f~~ ' ~*-~, the witnesses, whose names are signed to the attached or foregoing instrument, being first duly sworn, do hereby declare to the undersigned authority that the Testatrix signed and executed the instrument as her last Will; that the Testatrix signed willingly and executed it as her free and voluntary act for the purposes therein expressed; that each subscribing witness in the hearing and sight of the Testatrix signed the Will as a witness and that to the best of his or her knowledge the Testatrix was at that time eighteen (18) years of age or older, of sound mind and under no constraint or undue influence. RUTH E. ENGLE Witness Subscribed, sworn to and acknowledged before_me by RUTI-~ ,E. ENGLE, th?f~e~rt~x, a~n._d su. bscribed and swg~n~to l~e.for~ me by. of?~'~f~?~998 and /(~'~/~Y~f~,witnesses, this, ~?~'day / Notary P~eolic (SEAL) My Commission Expires: 147596_1 I Notarial Seal · J Margaret L. Boyd, Notary Public J Susquehanna Twp., Dauphin County My Commission Expires June 27, 2000 METTE, EVANS & WOODSIDE ATTORNEYS AT LAW HARRISBURG, PENNSYLVANIA 17 ! 10-0950 CERTIFICATION OF NOTICE UNDER RULE 5.6(a) Name of Decedent: Ruth E. Engle Date of Death: Januar~ 13, 2003 Will No. Admin. No. 21-2003-0067 To the Register: I certify that notice of estate administration 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 February- 11, 2003 : Name: Address: J. Harold Engle Jay L. Engle Kevin L. Engle Clifford L. Engle Dawn Engle The Ruth E. Engle Trust 868 Messiah Village, P.O. Box 2015, Mechanicsburg, PA 17055 32 Silverleaf Drive, Mt. Joy, PA 17552 29 Clermont Court~ Elizabethtown, PA 17022 713 Spruce Driver Hanover, PA 17331 Village Green Apts., #7 Winslow, Elizabethtown, PA 17022 J. Harold Engle and Jay L. Engle, Co-Trustees 868 Messiah Village, P.O. Box 2015, Mechanicsburg, PA 17055 Notice has now been given None Date: February 11, 2003 317249 to all persons entitled thereto under Rule 5.6(a) except: Capacity: __ Jeffrey A. Ernico, Esq., I.D. #07981 Name 3401 North Front Street, P.O. Box 5950 Harrisburg, PA 17110-0950 Address (717) 232-5000 Telephone Personal Representative x Counsel for Personal Representative IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION In Re: ESTATE OF RUTH E. ENGLE, Late of Upper Allen Township, Cumberland County, Pennsylvania, deceased Estate No. 2003-00067 DISCLAIMER I, J. Harold Engle, hereby declare that I am the surviving spouse of Ruth E. Engle, who died on January 13, 2003. At the time of her death, Ruth was entitled to an inheritance from the Estate of her late mother, Orpha H. Kibler. I hereby irrevocably and completely disclaim and refuse to accept any and all rights, title and interests that I may be entitled to receive with regard to any estate distributions from the Estate of Orpha H. Kibler. However, I do not hereby disclaim any of my other rights, title, interest or powers, if any, as a beneficiary under the Last Will and Testament of Ruth E. Engle or her Revocable Agreement of Trust. I hereby state and certify that I have not accepted any benefits or interest in the said distribution from the Estate of Orpha H. Kibler. This document is intended to qualify as a disclaimer under Section 2518 of the Internal Revenue Code of 1954, as amended, and under Chapter 61 of the Pennsylvania Probate, Estates and Fiduciaries Code. Dated this ~/'z~ day of March, 2003. Witness: ~a~rold Engle"~~' ~'~ (SEAL) 319369_1 ACKNOWLEDGMENT COMMONWEALTH OF PENNSYLVANIA · · SS. COUNTY OF DAUPHIN · On this '~7/'~ay of March, 2003, before me, the undersigned officer, a Notary Public in and for the said county and state, personally appeared J. Harold Engle, who, being duly sworn according to law, deposes and says that the facts set forth in the foregoing Disclaimer are true and correct to the best of his knowledge, information, and belief and that he executed the same as his voluntary act and deed for the purposes therein contained.~11~c;/j~-' ~. /',) ~..~...._._.~~ · NoMry Public Notarial Seal Melisa M. Lucas, Notary Public City of Harrisburg, Dauphin Comity My Commission Expires Oct 13. 200 Member Pennsy van a g~$ociation 2 IN THE COURT OF COMMON PLEAS Of CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION In Re: ESTATE OF RUTH E. ENGLE Late of Upper Allen Township, Cumberland County, Pennsylvania, deceased Estate No. 2003-00067 RECEIPT OF DISCLAIMER J. Harold Engle, being duly sworn according to law, depose and say that he is the Executor of Ruth E. Engle's estate and that on the date and place as hereinafter set forth, he received the foregoing signed Disclaimer from J. Harold Engle. Signature Estate of Ruth E. Engle Harold Engle, Executo/ 2003. SWORN TO AND SUBSCRIBED before me this day of ~/~ ~,~ k Notary Public ~ Notarial Seal J ~.Mel/sa M. Lucas, Notary Public ~ · .City~ of Harrisburg, Dauphin County LMY Commission Expires Oct. 13, 2003 Member, Pennsylvania ~ssociat/on ot Notari~' :319369 _1 3 HOWELL C. METTE ROBERT MOORE CHARLES B. ZWALLY PETER J. gESSLER LLOYD R. PERSUN CRAIG A. STONE JAMES A. ULSH DANIEL L. SULLIVAN STEVEN D. SNYDER JEFFREy A. ERNICO METTE, EVANS & WOODSIDE ,&. PRO~IOlg~ OOl~:~O~,.&~Ol~' ATrPOI~,I~IIYS AT LAW KATHRYN L. SIMPSON P. DANIEL ALTLAND ANDREW H. DOWLING MICHAEL D. gEED PAULA J. LEICHT GA~Y J. HElM DAVID A. FITZSIMONS GUY P. BENEVENTANO THOMAS F. SMIDA JOHN F. YANINEK* 3401 NOR~?H ]FRO1N'~ STR~'/? P.O. BOX 5950 ~A~B~G, PA X7~0-0950 ~198~5 h~://www, m~o.com VICKY ANN TRIMMER TIMOTHY A. HOY KATHLEEN DOYLE YANINEK JAMES M. STRONG JENNIFER A. YANKANICH RANDALL G. HURST* MARK D. HIPP RONALD L. FINCK SCOTT C. SEUFERT OF COUNSEL JAMES W. EvANs * ~tARY L~ND BAR April 3, 2003 VIA CERI~IFIED MAlL RETURN RECEIPT REQUESTED Mary C. Lewis Register of Wills Office Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 RE: Estate of Ruth E. Engle 11713.1 S.S.N. of Decedent: 192-30-6307 File No. 21-03-0067 Dear Ms. Lewis: Enclosed is a check payable to "Register of Wills, Agent" in the amount of $18,000.00, representing a prepayment of inheritance tax in the above-referenced estate. Please send a receipt for the inheritance tax payment to my attention in the enclosed envelope. Thank you for your assistance. Very truly yours, Lisa J. Kn~ Paralegal to Jeffrey A. Ernico Enclosures cc: J. Harold Engle, Executor Jeffrey A. Ernico, Esquire :313921 I METTE, EVANS & WOODSIDE A PROFESSIONAL CORPORATION ATTORNEYS AT LAW 3401 NORTh FRONT STREET P.O. BOX 5950 HARRISBURG. PA 17110-0950 7[1112 315~ 01306 7726 5810 Mary C. Lewis Register of Wills Office Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 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 NO. REV-1162 EX(11-96) CD 002397 ERNICO JEFFREY A ESQUIRE P O BOX 5950 HARRISBURG, PA 17110-0950 ........ fold ESTATE INFORMATION: SSN: 192-30-6307 FILE NUMBER: 2103- 0067 DECEDENT NAME: ENGLE RUTH E DATE OF PAYMENT: 04/04/2003 POSTMARK DATE: 04/03/2003 COUNTY: CUMBERLAND DATE OF DEATH: 01 / 13/2003 ACN ASSESSMENT CONTROL NUMBER AMOUNT 101 $18,000.00 TOTAL AMOUNT PAID' 8,000.00 REMARKS: JEFFREYA ERNICO ESQUIRE SEAL CHECK# 70684227 INITIALS: AC RECEIVED BY: DONNA M. OTTO DEPUTY REGISTER OF WILLS REGISTER OF WILLS .¥IETTE, EVANS & WOODSIDE ~k PRO~ESSIONAL CORPOh~ON ATTOI~YEYS AW LAW HOWELL C. ME~E ROBERT MOORE CHARLES B. ZWALLY PETER J. RESSLER LLOYD R. PERSUN CRAIG A. STONE JAMES A. ULSH DANIEL L. SULLIVAN STEVEN D. SNYDER JEFFREY A. ERNICO KATHRYN L. SIMPSON P. DANIEL ALTLAND ANDREW H. DOWLING MICHAEL D. REED PAULA J. LE1CHT GARY J. HEIM DAVID A. FITZSIMONS GUY P. BENEVENTAN0 THOMAS F. SMIDA JOHN F. YANINEK* 3401 NORTH FRONT STREET P.O. BOX 5950 HARI~B~G, P.A. 17110-0950 IRS NO. 23-1985005 (717) 232-5000 (717) 236-1816 http:]/www, m~'to.com October 14, 2003 VICKY ANN TRIMMER TIMOTHY A. HOY KATHRYN DOYLE YANINEK JAMES M. STRONG JENNIFER A. YANKANICH RANDALL G. HURST* MARK D. HH'P RONALD L. FINCK SCOTT C. SEUFERT OF COUNSEL JAMES W. EVANS MARYLAND BAR Mary C. Lewis Register of Wills Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 Re-' Estate of Ruth E. Engle File No. 21-2003-0067 Dear Ms. Lewis: VIA CERTIFIED MAIL Enclosed are the following documents: 1. Original and one (1) copy of an Inventory; 2. Original and one (1) copy of a Pennsylvania Inheritance Tax Return, plus a copy of the cover page; 3. Copy of Form 706, United States Estate Tax Return; 4. A check payable to "Register of Wills, Agent" in the amount of $2,164.43 in payment of the Inheritance Tax owed; 5. A check payable to your office in the amount of $28.00; and 6. A postage prepaid envelope for return mail. Please file the original Inventory and Inheritance Tax Return. Please return a date- stamped copy of the Inventory and the cover page of the Inheritance Tax Return, along with a receipt for the Inheritance Tax payment, to my attention in the enclosed envelope. Thank you for your assistance. Enclosures V~y yours, ~, (~ ~iaSr~lJe'gaKlnt~~ef~ey A. Ernico COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF REVENUE BUREAU OF INDIVIDUAL TAXES DEPT. 2806O1 HARRISBURG, PA 17128-0601 RECEIVED FROM: PENNSYLVANIA INHERITANCE AND ESTATE TAX OFFICIAL RECEIPT NO. REV-1162 EX(11-96) CD 003118 ENGLE J HAROLD ESQUIRE 368 MESSIAH VILLAGE P O BOX 2015 MECHANICSBURG, PA 17055 ........ fold ESTATE INFORMATION: SSN: 192-30-6307 FILE NUMBER: 2103-0067 DECEDENT NAME: ENGLE RUTH E DATE OF PAYMENT: 10/15/2003 POSTMARK DATE: 10/14/2003 COUNTY: CUMBERLAND DATE OF DEATH: 01/13/2003 ACN ASSESSMENT CONTROL NUMBER AMOUNT 101 $2,164.43 REMARKS: TOTAL AMOUNT PAID: J HAROLD ENGLE C/O JEFFREY A ERNICO ESQUIRE $2,164.43 SEAL CHECK# 99 INITIALS: JA RECEIVED BY: DONNA M. OTTO DEPUTY REGISTER OF WILLS REGISTER OF WILLS Register of Wills of Cumberland County, Pennsylvania INVENTORY Estate of Ruth E. Engle No. 21-03-0067 also known as Date of Death January 13, 2003 late of Upper Allen Township, Cumberland County, Pennsylvania, Deceased Social Security No. 192-30-6307 Personal Representative(s) of the above Estate, deceased, verify that the items appearing in the following inventory include all of the personal assets wherever situate and all of the real estate in the Commonwealth of Pennsylvania of said Decedent, that the valuation placed opposite each item of said Inventory represents its fair value as of the date of the Decedent's death, and that Decedent owned no real estate outside of the Commonwealth of Pennsylvania except that which appears in a memorandum at the end of this inventory. INVe verify that the statements made in this Inventory are true and correct. I/We understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Name of Attorney: Jeffrey A. Ernico Personal Representative: I.D. No.: Address Telephone: 07981 3401 N. Front Street, P.O. Box 5950 Harrisburg, PA 17110-0950 (717) 232-5000 ¢'J. Harold Engle, Execu,t~r Dated: Real Property: NONE DESCRIPTION Personal Property: 90 shares of common stock in Applied Materials, Inc. at $15.815 per share 48 shares of common stock in Comcast Corp. New Cl. A at $27.49 per share 25,000 units of Conestoga Valley Sch Dist PA bond at $1.08904, plus accrued interest 15,000 units of Dauphin Cnty PA Messiah VIg 5.7% municipal bond 500 shares of common stock in Ephrata National Bank at $29.275 per share 1,423.35 1,319.52 27,540.72 15,000.00 14,637.50 VALUE Personal Property (cont.): 828 shares of common stock in Fulton Financial Corp. at $18.75 per share 100 shares of common stock in Hershey Foods Corp. at $67.66 per share 200 shares of Iridium World Comm, Ltd. Cl. A at $.0975 per share 967.246 shares of John Hancock Invt. Tr. Regional Bank Fund Cl. A at $36.53 per share 75 shares of common stock in Johnson & Johnson at $56.48 per share 150 shares of common stock in Mellon Fin'l Corp. at $27.51 per share 6,340.00221 shares of Union National Financial Corp. at $16.925 per share Janney Montgomery Scott Money Market Account #LA04-3047-1422 1999 Toyota Avalon Final distribution from the Orpha H. Kibler Estate, File No. 22-2002- 0338 (Cumberland County, PA) Mennonite Mutual Aid - refund of health insurance premium TOTAL 15,525.00 6,766.00 19.50 35,333.50 4,236.00 4,126.50 105,032.71 2,243.40 16,680.00 25,461.48 96.58 275,441.76 (Attach Additional Sheets If Necessary) NOTE: The Memorandum of real estate outside the Commonwealth of Pennsylvania may, at the election of the pers. o.na?epresentative, include the value of each item, but such figures should not be extended into the total of the Inventory. Form RW-7 (Dauphin County) - Rev. 9/92 :336875 1 O! o~.~,~INSUFFICIENT ADDRESS ~ ATTEMPTED NOT KNOWN [] OTHER ~'rl NO SUCH NUMBER/STREET [] NOT DELIVERABLE AS ADDRESSED - UNABLE TO FORWARD BUREAU OF INDIVIDUAL TAXES INHERITANCE TAX DIVISION DEPT. Z80601 H~RRISBURG, PA 17lIB-DB01 JEFFREY A ERNICO ESQ METTE ETAL PO BOX 5950 COMMONNEALTH OF PENNSYLVANIA DEPARTMENT OF REVENUE INHERITANCE TAX RECORD ADJUSTMENT ~-: 2~ii$ }:i~ O~ vv~!~ ESTATE OF DATE OF DEATH FILE NUHBER 'C)4 FEB 13 73:30 COUNTY ACM 02-05-2004 ENGLE 01-15-Z005 Z1 03-0067 CUHBERLAND 101 Amoun~ Remi'l:'Eed REV-lEgS EX AFP (01-05) RUTH E MAKE CHECK PAYABLE AND REMIT PAYMENT TO: REGISTER OF NILLS CUMBERLAND CO COURT HOUSE CARLISLE, PA 17013 NOTE: To insure proper credi~ ~o your account, submit: ~he upper potation of ~his fore wi~h your ~ax payment. CUT ALONG THIS LINE ~'~ RETAIN LONER PORTION FOR YOUR RECORDS ~ REV-1593 EX AFP (01-03) ~ INHERITANCE TAX RECORD ADJUSTMENT ESTATE OF ENGLE RUTH E FILE NO. 21 03-0067 ACN 101 DATE 02-05-2004 ADJUSTNENT BASED ON: ADMINISTRATIVE CORRECTION VALUE 1 2 5 6 7. B. OF ESTATE: Real Estate (Schedule A) S~:ocks and Bonds (Schedule B) Closely Held S~cock/Par*nership Tn~eres* (Schedule C) Mor~gages/No~es Receivable (Schedule D) Cash/Bank Deposits/Misc. Personal Proper~y (Schedule E) Jointly O~ned Proper~y (Schedule F) Transfers (Schedule G) To':al Asse*s DEDUCTIONS AND EXEMPTIONS: 9. Funeral Expenses/Adeinis~ra~ive Costs/ Miscellaneous Expanses (Schedule H) 10. Debts/Mortgage Liabili~ies/Liens (Schedule [) 11. To,al Deductions 12. Ne~ Value of Tax Re~urn (1) .00 (a) 230/960.30 ($) .00 ('~) .00 (s) 44/481 (6) .00 (7) 889 / 179.52 (8) 1,164,621.28 (9) 4Z,002.33 (10) 136,417.34 (11) 178/419.67 (12) 986/201.61 15. lq. TAX: 15. 16. TAX Charitable/governmental Bequests; Non-elected 9115 Trusts (Schedule J) Ne~ Value of Es~a~e Subjec~ ~o Tax (15) .00 (1~) 986/201.61 17. 18. 19. CREDITS: f'AVll~M I DATE Amoun~ of Line lq a~ Spousal re~e (15) Amoun~ of Line lq ~exable a~ Lineal~Class A ra~e (16) Amoun~ of Line lq a~ Sibling ra~e (17) Amoun~ of Line lq ~axable a~ Collateral/Class B ra~e (18) Principal Tax Due KbCbl~l NUMBER 04-03-2003 10-14-2003 01-30-2004 CDOOZ397 CD003118 NRITEOFF IF PAID AFTER DATE INDICATED, SEE REVERSE FOR CALCULATION OF ADDITZONAL INTEREST. UI~UUNI t~J INTEREST/PEN PAID (-) 947.37 .00 .00 517/050.43x O0 = .00 469/151.18X 045= 21/111.80 .OOX 12 = .00 .OOX 15 = .00 (19) 21/111.80 AMOUNT PAID 18,000.00 2,164.43 .30 TOTAL TAX CREDIT BALANCE OF TAX DUE INTEREST AND PEN. TOTAL DUE 21,111.80 .00 .00 .00 ( ZF TOTAL DUE IS LESS THAN $1, NO PAYMENT ZS REgUZRED. ZF TOTAL DUE ZS REFLECTED AS A "CREDIT' (CR), YOU MAY BE DUE A REFUND. SEE REVERSE SIDE OF THIS FORM FOR INSTRUCTIONS.) PAYMENT: Detach tho top portion of this Notice and submit with your payment made payable to the name and address printed on the reverse side. -- Make check or money order payable to: REGISTER OF )ITLLS, AGENT. REFUND (CR): REPLY TO: A refund of a tax credit, which was not requested on the Tax Return, may be requested by completing an "Application far Refund of Pennsylvania Inheritance and Estate Tax" (REV-1313). Applications are available at the Office of the Register of Nills, any of the Z3 Revenue District Offices or from the Department's Z4-hour answering service for forms ordering: 1-600-36Z-2050~ services far taxpayers with special hearing and / or speaking needs: 1-600-447-30Z0 (TT only). guestions regarding errors contained on this notice should be addressed to: PA Department of Revenue, Bureau of Individual Taxes, ATTN: Post Assessment Review Unit, Dept. ZB0601, Harrisburg, PA 17128-0601, Phone (717) 787-6SOS. DISCOUNT: PENALTY: INTEREST: If any tax due is paid within three (3) calendar months after the decedmnt's death, a five percent (SI) discount of the tax paid is allowed. The 15Z tax amnesty non-participation penalty is computed on the total of the tax and interest assessed, and not paid before January 16, 1996, the first day after the end of the tax amnesty period. Interest is charged beginning ~ith first day of delinquency or nine (9) months and one (1) day frae the date of death to the date of payment. Taxes which became delinquent before January 1, i98Z bear interest at the rate of six (6Z) percent par annum ceIculated at a daily rate of .000164. All taxes which became delinquent on and after January 1, 198Z will bear interest at a rata which will vary from calendar year to calendar year with that rate announced by the PA Department of Revenue. The applicable interest rates for 198Z through Z003 are: Interest Daily Interest Daily Interest Daily Year Rate Factor Year Rate Factor Year Rate Factor Z98Z ZOZ .000548 1987 92 .000Z47 1999 72 .000192 1983 162 .000438 1988-1991 llZ .000301 ZOOO 8Z .000219 1984 llZ .000301 199Z 92 .000247 ZOO1 92 .000247 1985 132 .000356 1993-1994 7Z .00019Z ZOOg 62 .000164 1986 lOX .000274 1995-199B 92 .000247 2003 5Z .000137 --Interest is calculated as fallows: ZNTEREST= BALANCE OF TAX UNPAZD X NUNBER OF DAYS DELTNQUENT X DAZL¥ ZNTEREST FACTOR --Any Notice issued after the tax becomes delinquent will reflect an interest calculation to fifteen (15) days beyond the date of the assessment. If payment is made after the interest computatlon date shown on the Notice, additional interest must be calculated. REV-1470 EX (6-88) ' /~ '-INHERITANCE TAX COMMONWEALTH OF PENNSYLVANIA EXPLANATION DEPARTMENT OF REVENUE BURE^U O~ ~NmWDU^, T~XES OF CHANGES DEPT. 280601 HARRISBURG, PA 17128-0601 DECEDENT'S NAME Engle, Ruth E FILE NUMBER 21 03-0067 ~EVIEWED BY Steven James ACN iTEM SCHEDULE NO. EXPLANATION OF CHANGES The Department of Revenue has waived the $0.30 interest. Pa.qe 1 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 NO. REV-1162 EX(11-96) CD 0O3865 ROSE J CURTIS 4015 GREEN STREET HARRISBURG, PA 17110 ........ fold ESTATE INFORMATION: SSN: 51 1-22-21 68 FILE NUMBER: 2104-0067 DECEDENT NAME: ROSE JOAN L DATE OF PAYMENT: 04/26/2004 POSTMARK DATE: 04/26/2004 COUNTY: CUMBERLAND DATE OF DEATH: 01/16/2004 ACN ASSESSMENT CONTROL NUMBER AMOUNT 101 $6,462.33 TOTAL AMOUNT PAID' $6,462.33 REMARKS' SEAL CHECK//1031 INITIALS: JA RECEIVED BY' GLENDA FARNER STRASBAUGH REGISTER OF WILLS REGISTER OF WILLS PLEASE FILE THIS REPORT WITHIN TWO YEARS OF DATE OF DEATH REGARDLESS OF THE STATUS OF THE ESTATE. IF THE ESTATE IS NOT COMPLETED, FILE A 6.12 FORM YEARLY UNTIL COMPLETION. ~STATUS REPORT UNDER RUL~ 6.12 Name of Decedent:_. Ruth E. Engle Date of Death: January 13, 2003 Will No. ~2003-00067 Admin. No. 21-03-0067 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 administration of the estate is complete: Yes [~ No 2. If the answer is No, state when the personal representative reasonably believes that the administration will be complete: _. 3. If the answer to No. 1 is Yes, state the following: a. Did the personal representative file a final account with the CourtV Yes [--] No [~ . 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 ~] No [] 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. Jeffrey A. Ernico, Esquire, I.D. #07981 Name (Please type or print) _3401 North Front Street, P.O. Box 5950 Address 399687vl Capacity: _Harrisburg, PA 17110-0950 ,717) 232-5000 Telephone ~-~ Personal Representative [~ Counsel for Personal Representative REV-1500 EX (6-00) COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF REVENUE DEPT. 280601 HARRISBURG, PA 17128-0601 REV-1500 INHERITANCE TAX RETURN RESIDENT DECEDENT I-- Z Ltl I.,- Z U,I C] Z 0 Q. 8 z x I- DECEDE~SNAME(LAST, FIRST, ANDMIDDLEINmAL) Engle, Ruth E. DA~ ~ D~ (MM-DO-YEAR) I OAT OF BIR~ (MM-DD-YEAR) 01/13/2003 I 2/15/1935 (IF APPLICABLE) SURVIVING SPOUSE'S NAME Engle, J. Harold LAST, FIRST, AND MIDDLE INITIAL) OFF~JAL USE ONLY FILE NUMBER 21 -- 2003 0067 COUN'~ CODE YEA~ NUMBER SOCIAL SECURITY NUMBER 192-30-6307 THIS RETURN MUST BE FILED IN DUPLICATE WITH THE REGISTER OF WILLS SOCIAL SECURITY NUMBER 164-28-3876 ~ 1. Odginal Return I I 2. Supplemental Retum ~'~ 4. Limited Estate ~ 4a. Future Interest Compromise (date of death after 12-12-82) ~----]6. Decedent Died Testate (Attach copy of Will) ~ 7. Decedent Maintained a Living Trust (Attach copy of Trust) -- 8. Total Number of Safe Deposit Boxes [~ 9. Litigation Proceeds Received ~-~ 10. Spousal Poverty Credit (date of death between 12-31-Sl ar~ 1-~-~S) ~ 11. Election to tax under Sec. 9113(A) (Attach SCh O) ~hlS SEbT~6~ MUST ~: COMPLeTeD. ALii coR~~ AND CO"~iDENi;I~ TAX INFOi~I~I0N SHOU~ BE DIRECTED T~. : NAME Jeffrey A. Ernico, Esquire ~]3. Remainder Retum (date of death prior to 12-13-82) ~']5. Federal Estate Tax Retum Required COMPLE~ MAILING ADDRESS 3401 North Front Street P.O. Box 5950 Harrisburg, PA 17110-0950 0..."0 0 C_-' OFFICiaL USE ONLY 230,96o.30 0,00 0.00 44,481.46 0.00 1,164,621.28 889,179.52 (8) 178,419.67 986,201.61 0.00 986,201.61 42,002.33 136,417.34 (11) FIRM NAME (If Applicable) Mette, Evans & Woodside (12) TELEPHONE NUMBER (717) 232-5000 1. Real Estate (Schedule A) (1) 2. Stocks and Bonds (Schedule B) (2) 3. Closely Held Corporation, Partnemhip or Sole-Proprietomhip (3) 4. Mortgages & Notes Receivable (Schedule D) (4) 5. Cash, Bank Deposits & Miscellaneous Personal Property (Schedule E) (5) 6. Jointly Owned Property (Schedule F) (6) [~] Separate Billing Requested 7. inter-Vivos Transfers & Miscellaneous Non-Probate Property (7) (Schedule G or L) 8, Total Gross Assets (total Lines 1-7) 9. Funeral Expenses & Administrative Costs (Schedule H) (9) 10. Debts of Decedent, Mortgage Liabilities. & Liens (Schedule I) (10) 11. Total Deductions (total Lines 9 & 10) 12. Net Value of Estate (Line 8 minus Line 11) 13. Charitable and Governmental Bequests/Sec 9113 Trusts for which an election to tax has not been made (Schedule J) 14. Net Value Subject to Tax (Line 12 minus Line 13) 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) 16. Amount of Line 14 taxable at lineal rate 17. Amount of Line 14 taxable at sibling rate 18. Amount of Line 14 taxable at collateral rate 19. Tax Due 20. 0.00 21,111.80 0.00 0.00 21,111.80 (13) (14) 517,050.43 x .00__ (15) 469,151.18 x.045 (16) 0.00 x .12 (~7) 0.00 x .15 (18) (19) BE SURE TO ANSWER ALL QUESTIONS ON REVERSE SIDE AND RECHECK MATH < < >> 2W46451.000 Decedent's Complete Address: tSTREET ADDRESS 868 Messiah Village P.O. Box 2015 [c~ I Mechanicsburg ISTATE PA J BP 17055 Tax Payments and Credits: 1. Tax Due (Page 1 Line 19) 2. Credits/Payments A. Spousal Poverty Credit B. Prior Payments C. Discount Interest/Penalty if applicable D. Interest E. Penalty 0.00 18,000.00 947.37 0.00 0.00 (4) Total Credits (A + B + C) (2) Total Interest/Penalty (D + E) (3) 21,111.80 18,947.37 0.00 2,164.43 4. If Line 2 is greater than Line 1 + Line 3, enter the difference. This is the OVERPAYMENT. Check box on Page I 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) A. Enter the interest on the tax due. (5A) 0.0 0 B. Enter the total of Line 5 + 5A. This is the BALANCE DUE. (5B) 2,164.43 Make Check Payable to: REGISTER OF WILLS, AGENT PLEASE ANSWER THE FOLLOWING QUESTIONS BY PLACING AN "X" IN THE APPROPRIATE BLOCKS 1. Did decedent make a transfer and: Yes No a. retain the use or income of the property transferred; ....................... b. retain the right to designate who shall use the property transferred or its income; ......... c. retain a reversionary interest; or ................................ d. receive the promise for life of either payments, benefits or care? ................. [~ [-~ 2. If death occurred after December 12, 1982, did decedent transfer property within one year of death without receiving adequate consideration? ............................ [] [] 3. Did decedent own an "in trust for" or payable upon death bank account or security at his or her death? [~ [] 4. Did decedent own an Individual Retirement Account, annuity, or other non-probate property which contains a beneficiary designation? ................................ [] [] IF THE ANSWER TO ANY OF THE ABOVE QUESTIONS IS YES, YOU MUST COMPLETE SCHEDULE G AND FILE IT AS PART OF THE RETURN. Under penalties of perjury, I declare that I have examined this return, including accompanying schedules and statements, and to the best of my knowledge and belief, it is true, correct and complete. Declaration of preparer other than the personal representative is based o~ all information of which preparer has any knowledge. SIGNATURF.~ PERSON RESPONSIBLE FOE FILING RETUJ~N DATE ADDR~' 52 Timber Villa/' ' DATE ~%~abethtown, PA 17022 SIG~~ANR~EPRESENTA~VE ADD--~!~:~ 3401 North Front Street, P.O. Box 5950 Harrisburg, PA 17110-0950 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 P.S. § 9916 (a) (1.1) (i)]. For dates of death on or after January 1, 1995, the tax rate imposed on the net value of transfers to or for the use of the surviving spouse is 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 ars 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 parsnt, an adoptive parent, or a stepparent of the child is 0% [72 P.S. § 9116(a)(1.2)]. The tax rate imposed on the net value of transfers to or for the use of the decedent's lineal beneficiaries is 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 decedent's siblings is 12% (72 P.S. § 9116(a)(1.3)]. A sibling is defined, under Section 9102, as an individual who has at least one parent in common with the decedent, whether by blood or adoption. W4646 1.000 REV-1503 EX + (1-97) COMMONWEALTH OF PENNSYLVANIA INHERITANCE TAX RETURN RESIDENT DECEDENT SCHEDULE B STOCKS & BONDS ESTATE OF Engle, Ruth E. FILE NUMBER 21-2003-0067 All property Jointly-owned with right of survivorship must be disclosed on Schedule F. ITEM NUMBER 10 11 12 DESCRIP~ON 90 shares of common stock in Applied Materials, Inc. at $15.815 per share 48 shares of common stock in Comcast Corp. New C1. A at $27.49 per share 25,000 units of Conestoga Valley Sch Dist PA bond 15,000 units of Dauphin Cnty PA Messiah Vlg 5.7 municipal bond 500 shares of common stock in Ephrata National Bank at $29.275 per share 828 shares of common stock in Fulton Financial Corp. at $18.75 per share 100 shares of common stock in Hershey Foods Corp. at $67.66 per share 200 shares of Iridium World Comm, Ltd. Cl. A at $.0975 per share 967.246 shares of John Hancock Invt Tr. Regional Bank Fund Cl. A at $36.53 per share 75 shares of common stock in Johnson & Johnson at $56.48 per share 150 shares of common stock in Mellon Fin'1 Corp. at $27.51 per share 6,340.00221 shares of Union National Financial Corp. at $16.925 per share; Stockholder ~216038. V~UEATDATE OFD~ 1,423.35 1,319.52 27,540.72 15,000.00 14,637.50 15,525.00 6,766.00 19.50 35,333.50 4,236.00 4,126.50 TOTAL (Also enter on line 2, Recapitulation) $ 2 3 0,9 6 0.3 0 2w4696 3.000 (If more space is needed, insert additional sheets of the same size) 105,032.71 REV-1508 EX + (1-97) COMMONWEALTH OF PENNSYLVANIA INHEPJTANCE TAX RETURN RESIDENT DEC~DENT SCHEDULE E CASH, BANK DEPOSITS, & MISC. PERSONAL PROPERTY ESTATE OF FILE NUMBER Engle, Ruth E. 21-2003-0067 Include the proceeds of litigation and the date the proceeds were received by the estate. All property jointly-owned with the right of survivorship must be disclosed on Schedule F. ITEM VALUE AT DATE NUMBER DESCRIPTION Of DEATH Janney Montgomery Scott Money Market Account #LA04-3047-1422 1999 Toyota Avalon Final distribution from the Or, ha H. Kibler Estate, File No. 21-2002-0338 (Cumberland County, PA). Per Disclaimer filed on March 6, 2003, J. Harold Engle, decedent's spouse, disclaimed any rights to the proceeds of the distribution from the Kibler Estate, whereby the rights to the distribution vested in the Ruth E. Engle Trust. Mennonite Mutual Aid - refund of health insurance premium 2,243.40 16,680.00 25,461.48 96.58 44,481.46 TOTAL (Also enter on line 5, Recapitulation) $ 2W46AD 2.000 (If more space is needed, insert additional sheets of the same size) REV.1510 EX + (1-97) COMMONVVEALTH OF PENNSYLVANIA INHERITANCE TAX RETURN RESIDENT DECEDENT SCHEDULE G INTER-VIVOS TRANSFERS & MISC. NON-PROBATE PROPERTY ESTATE OF FILE NUMBER Engle, Ruth E. 21-2003-0067 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. ~SCRIPTION OF PROPER~ % Of I~M INO_I.E~ THE NNVE OF'R-IE TRANSFE~E, ~EIR ~T~NSHIP TO DATE OF DEATH DECD'S EXCLUSION DECEDEnt AND THE ~ OF TR.N~SFE~ A~A~ A ~PY OF ~E TAXABLE VALUE NUMB E~ DEED FOR REAL ESTA~, VALUE OF ASSET INTEREST (F APPLICABLE) 1. Individual Retirement Account 43,337.02 100.00 0.00 43,337.0~ #58J-014132 at Mellon~ beneficiary is decedent's spouse. Account consists of 500 shares of Hershey Foods Corp. conanon stock at $67.66 per share~ 200 shares of Mellon Finl Corp. common stock at $27.51 per share~ and Dreyfus Money Market Reserves of $4,005.02. 2 Restated Revocable Living 270,110.38 100.00 0.00 270,110.38 Trust of Ruth E. Engle dated August 28, 1995, as emended and restated on May 8, 1996, held under Mellon Trust Account #10172956BN3. See attached statement from Mellon. 3 Revocable Living Trust of Ruth 342,008.81 100.00 0.00 342,008.81 E. Engle dated August 28, 1995, held in Mellon Trust Account #10172957BN1. See attached statement from Mellon. 4 Real estate situate in 179,000.00 100.00 0.00 179,000.00 Sarasota County, Florida, known as 3157 Sandleheath. The real estate is held under The Ruth E. Engle Revocable Trust dated July 27, 1998. 5 MFS Regatta Choice Variable 54,723.31 100.00 0.00 54,723.31 Annuity, Account #95-9500-0360535 beneficiary was decedent~s spouse TOTAL(AlsoenteronlineT, Recapitulati~) $ 889,179.52 (If more space is needed, insert additional sheets of same size.) 2W46AF 2.000 REV-1511 EX + (1-97) COMMONVVEALTH OF PENNSYLVANIA INHERITANCE TAX RETURN RESIDENT DECEDENT SCHEDULE H FUNERAL EXPENSES & ADMINISTRATIVE COSTS ESTATE OF FILE NUMBER Engle, Ruth E. 21-2003-0067 Debts of decedent must be reported on Schedule I. ITEM NUMBER DESCRIPTION AMOUNT A. 5. 6. 7. 8 FFUrNEF:~J-b~. F~l~--~r Funeral Home, Inc anJ~ . Stoltzfus Catering - funeral luncheon Weaver Memorials - grave marker ADMINISTRATIVE COSTS: 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: Attorney Fees Name: Mette, Evans & Woodside Family Exemption: (If decedent's address is not the same as claimant's, attach explanation) Claimant See Schedule attached Street Address City State__ Zip Relationship of Claimant to Decedent Probate Fees Accountant's Fees Tax Return Preparer's Fees Cumberland Law Journal - legal advertising Carlisle Sentinel - legal advertising ?,569.40 3,388.98 6,995.00 0.00 20,000.00 3,500.00 365.00 0.00 0.00 75.00 108.95 42,002.33 TOTAL (Also enter on line 9, Recapitulation) $ 2W46AG 2.000 (If more space is needed, insert additional sheets of same size) Page 2 Estate of: Engle, Ruth E. 21-2003-0067 Item No. Schedule H, Part B -- Family Exemption Description Claimant: Engle, J. Harold Address: 868 Messiah Village P.O. Box 2015 Mechanicsburg, PA 17055 Relationship: Spouse Amount 3,500.00 TOTAL. (Carry forward to main schedule) ...... 3,500.00 REV-1512 EX + (1.97) COMMONWEALTH OF PENNSYLVANIA INHERITANCE TAX RETURN RESIDENT DECEDENT SCHEDULEI DEBTS OFDECEDENT, MORTGAGELIABILITIES,& LIENS ESTATEOF FILENUMBER Engle, Ruth E. 21-2003-0067 Include unreimbursed medical expenses. ITEM NUMBER DESCRIPTION Mellon Line of Credit Account #10172957BN1 in the amount of $100,000 dated November 5, 2002, secured by the Ruth E. Engle Revocable Trust dated August 28, 1995. MSHMC Physicians Group - medical bill Pinnacle Health Hospice - medical bill Mellon Home Equity Loan, secured by 431 Sunrise Boulevard, Elizabethtown, Lancaster County, PA, owned jointly with decedent~s spouse. Total payoff was $72,018.91. TOTAL (Also enter on line 10, Recapitulation) $ AMOUNT 100,000.00 61.78 346.11 36,009.45 136,417.34 2W46AH 2.000 (If more space is needed, insert additional sheets of the same size) REV-1513 EX+ (9-00) COMMONWEALTH OF PENNSYLVANIA INHERITANCE TAX RETURN RESIDENT DECEDENT SCHEDULE J BENEFICIARIES ESTATE OF FILE NUMBER Engle, Ruth E. 21-2003-0067 RELATIONSHIP TO DECEDENT AMOUNT OR SHARE NUMBER NAME AND ADDRESS OF PERSON(S) RECEIVING PROPERTY Do Not List Trustee(s) OF ESTATE TAXABLEDISTRIBUTIONS[inclu~ ~trights~usaldistributions, andtmns~m underSec. 9116(a)(1.2)] Engle, J. Harold 868 Messiah Village P.O. Box 2015 Mechanicsburg, PA 17055 Ruth E. Engle, Trust c/o J. Harold Engle Co-Trustee 868 Messiah Village Mechanicsburg, PA 17055 Spouse Unified credit trust 517,050.43 469,151.18 ENTER DOLLAR AMOUNTS FOR DISTRIBUTIONS SHOWN ABOVE ON LINES 15 THROUGH 18, AS APPROPRIATE, ON REV-1500 COVER SHEET I1. NON-TAXABLE DISTRIBUTIONS: A. SPOUSAL DISTRIBUTIONS UNDER SECTION 9113 FOR WHICH AN ELECTION TO TAX IS NOT BEING MADE B. CHARITABLE AND GOVERNMENTAL DISTRIBUTIONS TOTAL OF PART II - ENTER TOTAL NON-TAXABLE DISTRIBUTIONS ON LINE 13 OF REV-1500 COVER SHEET $ 0 o 0 0 2W46AI 1.000 (If more space is needed, insert additional sheets of the same size) IREV-1514 EX+ (1-97) COMMONWEALTH OF PENNSYLVANIA INHERITANCE TAX RETURN RESIDENT DECEDENT SCHEDULE K UFE ESTATE, ANNUITY & TERM CERTAIN (Check Box 4 on Rev-1500 Cover Sheet) ESTATE OF FILE NUMBER Eng'le, Ruth E. 21-2003-0067 This schedule is to be used for all single life, joint or successive life estate and term certain calculations. For dates of death prior to 5-1-89, actuarial factors for single life calculations can be obtained frOm the Department of Revenue, Specialty Tax Unit. Actuarial factors can be found in IRS Publication 1457, Actuarial Values, Alpha Volume for dates of death on or after 5-1-89. Indicate the type of instrument which created the future interest below and attach a copy to the tax return. r~ Will ~ Intervivos Deed of Trust [~] Other NAME(S) OF NEAREST AGE AT TERM OF YEARS LIFE ESTATE IS LIFE TENANT(S) DATE OF BIRTH DATE OF DEATH PAYABLE Engle, J. Harold L0/15/1936 66 ~L~eor ~Tem~ofYears ~ Life or ~-~ Term of Years ~ Life or ~ Term of Years r-'] Life or [--] Term of Years 1. Value of fund from which life estate is payable $ 873., zJ63.. 28 2. Actuarial factor per appr~riate table .46165; ' Interest table rate - L__J 3 1/2% [--] 6% ~ 10% ~-~ VadableRate 4.2. % 3. Value of life estate (Line I multiplied by Line 2) $ ~,02,310.10 NAME(S) OF NEAREST AGE AT TERM OF YEARS ANNUITANT(S) DATE OF BIRTH DATE OF DEATH ANNUITY IS PAYABLE [~ Life or r--] Term of Years r~ Lifeor [---l Term of Years ~-~ Life or [-~ Term of Years ~ Life or [--] Term of Years 1. Value of fund from which annuity is payable $ 2. Check appropriate block below and enter corresponding (number) Frequency of payout - ~ Weekly (52) ~-] Bi-weekly (26)r~ Monthly (12) [~ Quarterly (4) [--J Semi-annually (2) [] Annually (1) [~ther ( ) 3. Amount of payout per period $ 4. Aggregate annual payment, Line 2 multiplied by Line 3 5. Annuity Factor (see instructions) Interest table rate ~] 3 1/2% ~-~ 6% [---] 10°/o r-~ Vadable Rate % 6. Adjustment Factor (see instructions) 7. Value of annuity - If using 3 1/2%, 6%, 10%, or if variable rate and period payout is at end of period, calculation is: Line 4 x Line 5 x Line 6 $ If using variable rate and period payout is at beginning of period, calculation is: (Line 4 x Line 5 x Line 6) + Line 3 $ NOTE: The values of the funds which create the above future interests must be reported as part of the estate assets on Schedules A through G of this tax return. The resulting life or annuity interest(s) should be reported at the appropriate tax rate on Lines 13, 15, 16 and 17. (If more space is needed, insert additional sheets of the same size) 2W46AJ 1.000 REV-1649 EX+ (1-97) COMMONVVEALTH OF PENNSYLVANIA INHERITANCE TAX RETURN RESIDENT DECEDENT SCHEDULE O ELECTION UNDER SEC. 9113(A) (SPOUSAL DISTRIBUTIONS) ESTATE OF FILE NUMBER Engle, Ruth E. 21-2003-0067 Do not complete this schedule unless the estate is making the election to tax assets under Section 91'13(A) of the Inheritance & Estate Tax Act If the election applies to more than one trust or similar arrangement, a separate form must be filed for each trust. This election applies to the Ruth :E. Engle Trust Trust (marital, residual, A, B, By-pass, Unified Credit, etc.) If a trust or similar arrangement meets the requirements of Section 9113(A), and: a. The trust or similar arrangement is listed in Schedule O, and b. The value of the trust or similar arrangement is entered in whole or in part as an asset on Schedule O, then the transferor's personal representative may specifically identify the trust (all or a fractional portion or pementage) to be included in the election to have such trust or similar property treated as a taxable transfer in this estate. If less than the entire value of the trust or similar property is included as a taxable transfer on Schedule O, the personal representative shall be considered to have made the election only as to a fraction of the trust or similar arrangement. The numerator of this fraction is equal to the amount of the trust or similar arranqement included as a taxable asset on Schedule O. The denominator is equal to the total value of the trust or similar arran,qement. PART A: Enter the description and value of all interests, both taxable and non-taxable, regardless of location, which pass to the decedent's surviving spouse under a Section 9113(A) trust or similar arrangement. DESGRFmON I Ruth E. Engle Trust Dated July 27, 1998 Unified Credit Trust VALUE 871,461.28 PART B:EnterthedescriptionandvalueofallinterestsincludedinPadA ~rwhichtheSection9113 ~SCP, F~ION Ruth E. Engle Trust Dated July 27, 1998 Unified Credit Trust TOtal ~rom con=lnuation pages .... Part A Totai$ 871,461.28 iA) election to tax is being made. VALUE 871,461.28 871,461.28 871,461.28 Part B Total (If more space is needed, insert additional sheets of the same size) 2W46E2 1.000 OF RUTH E. ENGLE I, RUTH E. ENGLE, of Elizabethtown, Lancaster County, Pennsylvania, being of sound mind and disposing memory, though I realize the uncertainty of this life; I have full confidence and trust in my Lord and Savior, Jesus Christ, in His death on ~he cross for my sins and in His shed blood as an atonement for my soul; and I know by faith that because of His sacrifice on the cross for me I have eternal life, do herebY make this Will, hereby revoking 'all my former Wills and Codicils. ITEM I: I direct that all inheritance and estate taxes becoming due by reason of my death, whether payable by my estate or by any recipient of any property, shall be paid by the Executor out of the residue of my estate, as an expense and cost of administration of my estate. The Executor shall have no duty or obligation to obtain reimbursement for any such tax so paid, even though on proceeds of insurance or other property not passing under this Will. ITEM II: I direct that any of my legally enforceable debts, any expenses of my last illness, funeral and burial, and any of the administrative expenses of my estate shall be paid from the principal of the residue of my estate disposed of by Item IV of this Will. ITEM III: If I die before my husband, J. HAROLD ENGLE, I give to him all of my household furniture and furnishings, books, pictures, jewelry, silverware, automobiles, wearing apparel and all other articles of household or personal use or adornment and all policies of insurance thereon. If I do noi die before my Page 1 2~ husband, I make this gift to my children living at my death, to be divided among them in' as nearly equal shares as they may agree. In the event of an irreconcilable disagreement among my children, they shall take altern'ate turns selecting individual items with my oldest child making the first selection. Any items not so selected shall be sold and proceeds shall pass as a part of my residuary Estate. ITEM IV: I give the residue of my estate, not disposed of in the preceding portions of this Will, to the Trustees, IN TRUST, of THE RUTH E. ENGLE REVOCABLE TRUST dated the same date as this will, executed by'me as Settlor and as Trustee, to be administered and distributed in accordance with its terms. My Executor and Trustee shall retain all articles of real and personal property specifically referenced in my Trust Agreement for distribution upon my death. ITEM V: The Executor shall possess the following powers, exercisable without court approval and in a fiduciary capacity only: (a) To retain any investments I have at my death, including specifically those consisting of stock of any bank even if I have named that bank as the Executor. (b) To vary investments and to invest in bonds, stocks, notes, real estate mortgages or other securities or in other property, real or personal, without being restricted to so-called "legal investments", and without being limited by any statute or rule of law regarding investments by fiduciaries. (c) In order to divide the principal of my estate or make distributions, the Executor is authorized to distribute personal property and real property partly· or wholly in kind, and to allocate specific assets among beneficiaries so long as the total market value of each share is not affected by the division, distribution or allocation in kind. The Executor is Page 2 /~_ ~'~· authorized to make, join in and consummate partitions of lands, voluntarily or involuntarily, including giving of mutual deeds, or other obligations, with as wide powers as an individual owner in fee simple. (d) To sell either at public or private sale any or all real or personal property severally or in conjunction with other persons, and to consummate sale(s) by deed(s) or other instrument(s) to the purchaser(s), conveying a fee simple title. No purchaser shall be obligated to see to the application of the purchase money or to make inquiry into the validity of any sale. The Executor is authorized to make, execute, acknowledge and. deliver deeds, assignments, options or other writings as necessary or convenient to carry out the powers conferred upon the Executor. (e) To mortgage real estate, and to make leases of real estate. (f) To borrow money from any person, including the Executor, to pay indebtedness of mine or of my estate, expenses of administration or inheritance, legacy, estate and other taxes, and to assign and pledge assets of my estate. (g) To pay all costs, taxes, expenses and charges in connection with the administration of my estate. (h) To make distributions of income and of principal to the proper beneficiaries, during the administration of my estate, with or without court order, in such manner and in such amounts as my Executor deems prudent 'and appropriate. (i) To vote shares of stock which form a part of my estate, and to exercise all the powers incident to the ownership of stock. Page 3 /~.Y, ,~ (j) To unite with other owners of proPerty similar to property in my estate to carry out any plans for the reorganization of any company whose securities form a part of my estate. (k) To disclaim any interest in property which would devolve to me or my estate by' whatever means, including but not limited to the following means: as beneficiary under a will, as an appointee under the eXer6ise of a power of appointment, as a person entitled to take by intestacy, as a donee of an inter vivos transfer, and as a donee under a third-party beneficiary contract. (1) To prepare, execute and file tax returns of any tyPe required by applicable law, and to make all tax elections authorized by law. (m) To allocate expenses of administration between income and principal, as the Executor deem appropriate. (n) To employ custodians of property, investment or business advisors, accountants and attorneys as the EXecutor deems appropriate, and to compensate these persons from assets of my estate, without affecting the compensation to which the Executor is entitled. (o) To do all other acts in the Executor's judgment deemed necessary or desirable for the proper and advantageous management, investment and distribution of the estate. (p) To make elections, decisions, concessions and settlements in connection with all income, estate, inheritance, gift or other tax returns and the payment of such taxes, without obligation to adjust the distributive share of income or principal of any person affected thereby. Page 4 ,~. ~'2 (q) To file the appropriate election in accordance with Section 2056(b) (7) (B) (v) of the Internal Revenue Code to designate whatever portion of the assets composing my federal gross estate that the Executor, in the Executor's sole discretion, determines should qualify for the marital deduction. In making this determination, the Executor is directed to consider the present and projected financial requirements of my Husband, the expected period of survivorship of my Husband and the assets that have passed to my Husband other than under the provisions of this Will. ITEM VI: If My Husband End I die under such circumstances that it is impossible to determine which of us sUrvived, it shall be conclusively presumed and this Will shall be construed as if My Husband had survived me. If any person, other than My Husband, and I die under such circumstances that it is impossible to determine which of us .survived, it shall be conclusively presumed and this Will shall be construed as ff such person had predeceased me. ITEM VII: I hereby nominate, constitute and appoint my Husband, J. HAROLD ENGLE, be the Executor. In the event my Executor is unable to serve or for any reason is unable to complete the responsibilities of executor, I nominate and appoint my son, KEVIN L. ENGLE, as successor Executor. In the event KEVIN L. ENGLE is unable or unwilling to serve as successor Executor, I nominate and appoint my sons, JAY L. ENGLE and CLIFFORD L. ENGLE, as successor Co-Executors. If either successor Co-Executor is unable to serve or for any reason is unable to complete the responsibilities of Co-Executor, the other then serving Co-Executor may serve as sole Executor. In the event of the death, inability or refusal of both to serve, I appoint MELLON BANK, N.A., to serve as the Executor. All references herein to the "Executor" shall mean my originally appointed Executor or my successor Executor, as the case may · be. My Executor is specifically relieved from the obligation of filing bond or entering security. Page 5 /~. ~5~ ITEM VIII: I appoint My Husband as Guardian of the estates of any minor beneficiaries under this Will, and/or the estates of any minor beneficiaries under the said RUTH E. ENGLE REVOCABLE TRUST including the proceeds of any life insurance on my life payable to such minors and any other property, rights or claims with respect to which I am entitled to appoint a guardian and have not otherwise specifically done so. The Guardian shall have full authority to use such assets, both principal and income, in any manner the Guardian shall deem advisable for the best interests of the minor, including college and graduate education, and professional, vocational or technical training, without securing a court order. If My Husband is unable or unwilling to act or continue to act, for any reason whatsoever, I appoint sons, JAY L. ENGLE and CLIFFORD L. ENGLE, as Guardians. Page 6 ../~f, ~ IN WITNESS WHEREOF, I have set my hand and seal to this, my Last Will and Testament, consisting of this and the preceding six (6) pages, at-the end of each ~page'~ ~t-day°f whiChof I have~,u~also set m~_ initials1998, for greater security and better identification this RUTH E. ENGLE We, the undersigned, hereby certify that the foregoing Will was signed, sealed, published and declared by the above-named Testatrix as and for her Last Will and Testament, in the presence of us, who, at her request and in her presence and in the presence of each other, have hereunto set our hands and seals, the day and year first above written, and we certify that at the time of the execution thereof, the said Testatrix was of sound and disposing mind and memory. (SE~) Residing at Residing at Page 7 COMMONWEALTH OF PENNSYLVANIA : COUNTY OF ~ ? ~ : / SS. We, RUTH E. ENGLE, the Testatrix, and /~ ~/~/'f~'~r~'~ and /d'nf'~-~-',~z~t~-.~, the witnesses, whose names are signed to the attached or fOregoing instrument, being first duly sworn, do hereby declare to the undersigned authOrity that the Testatrix signed and executed the instrument as her last Will; that the Testatrix signed willingly and executed' it as her free and voluntary act for the purposes therein expressed; that each subscribing witness in the hearing and sight of the Testatrix signed the Will as a witness and that to the best of his or her knowledge the Testatrix was at that time eighteen (18) years of age or older, of sound mind and under no constraint or undue influence. RUTH E. ENGLE Witness Subscribed, sworn to and acknowledged before_me by RUTH E. ENGLE, the Tes. tatrix, and subscribed and sworn to before me by. i/~r~/~'~'~-~"~ rO and /~/~-~, ~z~r~/.~,,~f~, witnesses, this' ' ~ 7~day of ~//~'/~ , 1998. " Notary (SEAL) My Commission Expires: 147596_1 Notarial Seal Margaret L. Boyd, Notary Public Susquehanna Twp. Dauphin County My Commission Expires June 27, 2.000 REVOCABLE TRUST AGREEMENT THE RUTH E. ENGLE REVOCABLE TRUST THIS AGREEMENT is made and entered into this ~'~'~'a'~ay of .//~-~/ 1998, by and between RUTH E. ENGLE of Elizabethtown, Lancaster County, Pennsylvania, as Settlor (the ".Settlor"), and RUTH E. ENGLE as Trustee (the "Trustee"). WITNESSETH: WHEREAS, the Settlor may be desirous in the future of placing the active management and control of certain property including individual retirement or qualified benefit accounts (hereinafter referred to as "retirement accounts") in the hands of the Trustee. NOW, THEREFORE, for and in consideration of their mutual covenants and promises, the Settlor and Trustee agree as follows: ARTICLE ONE TRUST ASSETS § 1.1 The Settlor, or any other party or person, may from time to time make policies of insurance on the Settlor's life, individual retirement account benefits, and/or qualified or non-qualified retirement plan benefits payable to the Trustee, or may transfer assets to the Trustee, subject to the terms of this Agreement, by inter vivos grant or by Will. The trust assets shall include the proceeds of all insurance policies payable to the Trustee and all such other benefits or added assets (collectively the "Trust Assets"), which shall be held, administered, distributed and governed by the Trustee, 1N TRUST NEVERTHELESS, in accordance with the provisions of this instrument and any amendments hereto. Schedule A has been attached hereto for the Settlor and Trustee to use, when desired to identify assets transferred to this Trust; however, Schedule A shall not be construed to be the sole proof of trust assets. ARTICLE TWO 'DURING THE SETTLOR'S LIFETIME {}2.1 During the Settlor's lifetime, the Trustee shall have, hold, manage, invest and reinvest the Trust Assets, collect the income, and {}2.1.1 The Trustee shall pay or apply the entire net income as the Settlor may from time to time direct in writing. The Trustee shall also pay to the Settlor such sums from or portions of the principal of the trust as the Settlor may from time to time request in writing delivered to the Trustee during the Settlor's lifetime. {}2.1.2 The Trustee shall pay and use such portion or all of the income and principal of the Trust Assets as the Trustee, in the Trustee's sole discretion, shall deem necessary from time to time to provide for the proper maintenance, support, medical, hospital, nursing or nursing home care of the Settlor and of the Settlor's husband, J. HAROLD ENGLE (the "Settlor's Husband"). -2- ARTICLE THREE UPON THE SET~FLOR'S DEATH §3.1 Upon the death of the Settlor, the Trustee shall divide and distribute into a separate Trust so much of the Settlor's stock in any one or more of Settlor's closely held business corporation(s) or interest(s) in any business partnership(s) as may qualify for an exclusion from the federal estate tax as a Qualified Family Owned Business Interest (herein "QFOB") by reason of Section 2033A of the Internal Revenue Code of 1986, as amended. In establishing this separate Trust, Settlor intends that, to the extent practicable, assets other than the stock or partnership interest(s) of one or more of Settlor's closely held business(es) be administered and distributed in accordance with the directions for creation of and the Trusts established by §3.2 of this Agreement. It is Settlor's intent' that the Trusts established in §3.2 of this Agreement shall be funded with assets other than stock or partnership interest(s) of one or more of Settlor's closely held business(es) and any stock or partnership interest(s) of any of said business(es) which is not used to fund this separate Trust. However, Settlor recognizes that the availability of the exclusion by reason of Section 2033A of the Internal Revenue Code of 1986 will be affected by actions of his Executor or the Trustee in exercising certain tax elections and will also be affected by actions of persons who have an interest in the Trust created by this Paragraph, and that it is possible that no stock or partnership interest(s) of Settlor's closely held business(es) shall pass as a result of this Paragraph. This Trust shall be administered and distributed in the same manner, for the benefit of the same individuals and in accordance with the directions for distribution set forth in §5.1 and §5.2 of this Agreement. -3- {}3.2 Upon the death of the Settlor, the Trustee shall divide and distribute the balance of the Trust Assets as follows: ~{}3.2.1 If the Settlor's Husband survives the Settlor, the Trustee shall retain in trust an amount equal to the value of the balance of the Trust Assets (determined on the basis of the values finally determined for federal estate tax purposes), reduced by an amount, if any, needed to increase the Settlor's taxable estate So that the federal estate tax as finally determined (excluding any supplemental federal estate tax imposed by Section 4980A(d) of the Internal Revenue Code), will equal the Settlor's unified credit and the state death tax credit (to the extent that the use of said credit does not result in an increase in the state death taxes otherwise payable) available against such tax, assuming that an election were made to qualify all qualified terminable interest property, other than the trust provided for under Article Five of this Agreement, for the federal estate tax, marital deduction whether or not such election is actually made. This trust may be composed of cash, or partly of cash and · partly of property in kind, shall be funded only with property which qualifies for the federal estate tax marital deduction in the Settlor's estate, valued at the date of distribution, and which, to the extent other property is available, shall not include property for which a foreign death tax credit is available. The Executor of the Settlor's estate shall have the right to make the election provided by Section 2056(b)(7)(B)(v) of the Code, on the federal estate tax return prepared on behalf of the Settlor's estate to have a portion or all of the property distributed pursuant to this {}3.2.1 treated as qualified terminable interest property in order to qualify such portion or all of the property for the marital deduction for federal estate tax purposes, which election shall be binding and conclusive upon the Trustee. If the Settlor's Executor elects to have a portion or all of such assets so qualify, such elected assets may, at the discretion of the Trustee and so long as the election to qualify such assets for the federal estate tax marital deduction is not jeopardized, be held and administered by the Trustee as a separate trust estate with the balance, if any, of the assets which are governed by this {}3.2.1 also held and administered as a separate m.tst estate or may be held and maintained by the Trustee with the non-elected assets as one trust estate. In either case, any such trust or trusts shall be held, administered and disposed of in accordance with the provisions of Article Four hereof (the "Marital Trust"). -4- §3.2.2 The Trustee shall retain in trust such of the Trust Assets as shall not have been retained pursuant to the preceding §3.2.1, to be held, administered and disposed of in accordance with the provisions of Article Five hereof (the "Applicable Credit Trust"). ARTICLE FOUR MARITAL TRUST §4.1 If the Settlor's Husband survives him, Trustee shall hold the Marital Trust in a separate trust during the life of Settior's Husband upon the following terms and conditions: §4.1.1 Trustee shall pay to, or apply for the benefit of, Settlor's Husband the greater of(i) all the net income of this Marital Trust in quarterly or other convenient installments, but at least annually, or (ii) the minimum annual mandatory distributions required by Proposed Treasury Regulations §1.401(a)(9)-1 and as may be required by final Regulations. The determination of the net income of the Marital Trust shall be governed by applicable state law; in no event shall any expense chargeable to the principal of this Marital Trust be paid from the income of the Trust. §4.1.2 At any time and from time to time, Trustee shall pay to, or apply for the benefit of, Settlor's Husband so much or all of the principal as Trustee in its discretion, determine the amount necessary or appropriate for Settlor's Husband's health, maintenance and support and so as to maintain the Settlor's spouse in his accustomed .manner of living. In addition, Settlor's Husband shall have the absolute power to withdraw from the principal such amount in any one calendar year, which amount shall be up to the greater of Five Thousand Dollars ($5,000) or five percent (5%) of the aggregate value of the principal of the Trust at the~ time of such withdrawal as he personally may, in writing to the Trustee, demand at any time and from time to time. This right of withdrawal shall not be cumulative and is subject to the provisions of subparagraph 4.1.5 of this Article Four. {}4.1.3 In no event and at no time during the life of Settlor's Husband shall Trustee pay to or apply for the benefit of any person -5- (other than Settlor's Husband) any portion of the principal of this Trust. {}4.1.4 Notwithstanding anything contrary contained in this Marital Trust, Settlor directs that (a) in establishing the Marital Trust for her husband under this Article Four, there shall not be allocated thereto any property or the proceeds of any property which does not qualify for the marital deduction allowable in determining the Federal estate tax on Settlor's estate, and (b) Trustee shall, upon the written request of Settlor's Husband, promptly dispose of any property which may, at any time, be unproductive or underproductive of a reasonable income, and invest the proceeds of such disposition in property which is productive of a reasonable income. {}4.1.5 If Settlor has any unused GST exemption at her death, two (2) separate 'Marital Trusts shall be established, as follows: Marital Trust 1 shall consist of that fractional interest of the balance of this Trust at Settlor's death as has (i) a numerator equal to that amount of Settlor's unused GST exemption existing at his death and (ii) a denominator equal to the value of the balance of this Trust at his death; Marital Trust 2 shall consist of the balance of this Trust. Each such separate Trust shall be held, administered and distributed in accordance with the same terms and provisions that would have applied if only one Marital Trust had been required to have been established; provided, however, that all principal distributions to Settlor's Husband (including, but not limited to, the excess of the mandatory annual minimum distributions under Section 401(a)(9) of the Code over the combined income of Marital Trust 1 and Marital Trust 2 for any taxable year) shall be paid solely from Marital Trust 2 until Marital Trust 2 is exhausted. The Executors of Settlor's estate shall direct the Trustees, in writing, regarding the amount of Settlor's unused GST exemption at his death for the purpose of establishing the proper fractional share of each Marital Trust under this subparagraph 4.1.5. {}4.2 Upon the death of Settlor's Husband, {}4.2.1 Trustee shall pay to the estate of Settlor's husband an amount, as directed by the Trustee, equal to the sum of (a) any accrued but undistributed income as of the date of her death, and (b) such sum or sums from the principal of this Trust as may be directed by subparagraph {}4.1.5 of this Article Four as the executor of Settlor's Husband's estate may request, in writing, for any death taxes -6- payable by reason of her death with respect to property held under this Trust, other than such taxes as would, under the provisions of Settlor's Last Will, be payable from any source other than this Marital Trust: "Death taxes", as used in this subparagraph, shall include interest and penalties thereon. {}4.2.2 The Trustee shall notify the executor of Settlor's Husband's estate of the amount, if any, payable by Trustee under subparagraph {}4.2. lfofthis Article Four. For this purpose, the. Trustee shall rely upon the directions received from the executors of Settlor's husband's estate. {}4.2.3 Upon the death of the survivor of the Settlor and the Settlor's Husband, the Trustee shall distribute the balance of the Trust property to the Settlor's then living issue, per stirpes, with any share allocable to a beneficiary then under the age of thirty-three (33) years being held in continued trust for the benefit of such beneficiary in accordance with the provisions of Article Six hereof (the "Issue's Trust"). ARTICLE FIVE APPLICABLE CREDIT TRUST {}5.1 The Trustee shall have, hold, manage, invest and reinvest the assets of the Applicable Credit Trust, collect the income and {}5.1.1 During the life of the Settlor's Husband, if he shall survive her, the Trustee may distribute to or for the benefit of the Settlor's Husband so much of the income of the trust property, in stich proportions as, in the sole discretion of the non-spousal Trustee, said Trustee shall deem, from time to time, necessary or proper for the health, maintenance, support and education of the Settlor's Husband, taking into account other available funds, including his individual assets. {}5.1.2 At any time and from time to time, Trustee shall pay to, or apply for the benefit of, Settlor's Husband so much or all of the principal as Trustee in its discretion, determine the amount necessary or appropriate for Settlor's Husband's health, maintenance and support and so as to maintain the Settlor's spouse in his accustomed -7- manner of living. In addition, Settlor's Husband shall have the absolute power to withdraw from the principal such amount in any one calendar year, which amount shall be up to the greater of Five Thousand Dollars ($5,000) or five percent (5%) of the aggregate value of the principal of the Trust at the time of such withdrawal as he personally may, in writing to the Trustee, demand at any time and from time to time. This right of withdrawal shall not be cumulative. {}5.2 Upon the death of the survivor of the Settlor and the Settlor's Husband, the Trustee shall distribute the balance of the Trust property to the Settlor's then living issue, per stirpes, with any share allocable to an issue beneficiary being held in continued trust for the benefit of such beneficiary in accordance with the provisions of Article Six hereof (the "Issue's Trust"). ARTICLE SIX ISSUE'S TRUST {}6.1 Any share created hereunder with respect to or distributable hereunder to any issue of the Settlor shall be retained by the Trustee in continued trust for the benefit of such beneficiary (the "Beneficiary"), in accordance with the following provisions of this Article Six: {}6.1.1 Upon the establishment of the Issue's Trust, ~ Beneficiary who is thirty-three (33) years old or older may withdraw such sums up to the market value of the said Beneficiary's Trust as constituted on its establishment. {}6.1.2 The Trustee shall have, hold, manage, invest and reinvest the assets of the Beneficiary's Trust, collect the income thereof and while the Beneficiary is under twenty-one (21) years of age, shall apply to or for the benefit of the Beneficiary so much of the net income and, if the net income is insufficient, so much of the principal of the Issue's Trust as the Trustee shall from time to time deem necessary or proper for the Beneficiary's health, maintenance, support and complete education, including preparatory, college and graduate education, and professional, vocational or technical training, taking into account other -8- available funds, including the Beneficiary's assets. The Trustee shall annually accumulate any net income not so distributed and add the same to the principal of the trust property. {}6.1.3 After the Beneficiary attains twenty-one (21) years of age, the Trustee shall distribute to or for the benefit of the Beneficiary the net income of the Issue's Trust in quarter-annual installments, or more frequently if the Trustee deems it advisable, and so much of the principal as the Trustee shall from time to time deem necessary or proper for the Beneficiary's health, maintenance, support and complete education, including college and graduate education, and professional, vocational or technical training, and to assist the Beneficiary with reasonable wedding expenses, in the purchase of a principal residence or in the establishment of a profession or business considered a good risk by the Trustee, taking into account other available funds, including the Beneficiary's assets. {}6.1.4 At any time after attaining the age of twenty-five (25) years, a Beneficiary may withdraw such sums as do not exceed one- third (1/3) of the market value of the principal of his or her share of the Issue's Trust as constituted on the Beneficiary's twenty-fifth (25th) birthday. {}6.1.5 At any time after the Beneficiary attains the age of thirty (30) years old or older, the Beneficiary may withdraw such sums as do not exceed one-half(I/2) of the market value of the principal of his or her share of the Issue's Trust as constituted on the Beneficiary's thirtieth (30th) birthday. {}6.1.6 At any time after the Beneficiary attains the age of thirty-three (33) years old; the Beneficiary may withdraw any or all of the then remaining balance of his or her share of the Issue's Trust. {}6.1.7 If the Beneficiary dies before complete termination of the Issue's Trust, the Trustee shall distribute the property then held in trust as follows: {}6.1.7.1 If the Beneficiary's trust is a Non- GST Exempt Trust as defined in {}9.2.15 herein, the Trustee shall distribute the property then held in trust for the Beneficiary to such persons or entities (including the Beneficiary's estate), in such amounts and upon such terms, trusts and conditions as the -9- Beneficiary by his or her last Will may appoint by specific reference to this general power of appointment. Any property not so appointed shall be divided into shares for the Beneficiary's issue then living, per stirpes, or if none, for the then living issue of the marriage of the Settlor and the Settlor's Husband, per stirpes; with any share allocable to a Beneficiary under thirty-three (33) years of age beingheld in continued trust in accordance with the provisions of this Article Six. - {}6.1.7.2 If the Beneficiary's trust is a GST Exempt Trust as defined in {}9.2.15 herein, the Trustee shall distribute the property then held in trust for the Beneficiary to such of the issue of the marriage of the Settlor and the Settlor's Husband other than the Beneficiary in such amounts and upon such trusts, terms and conditions as the Beneficiary by his or her last Will may appoint by specific reference to this special power of appointment. Before exercising such special power of appointment, the Settlor requests that the Beneficiary seek counsel regarding the generation skipping transfer tax effects of such exercise. Any property not so appointed shall be divided into shares for the Beneficiary's issue then living, per stirpes, or if none, for the then living issue of the marriage of the Settlor and the Settlor's Husband, per stirpes; with any share allocable to a Beneficiary under thirty-three (33) years of age being held in continued trust in accordance with the provisions of this Article Six. 10- ARTICLE SEVEN CONTINGENT DISTRIBUTION {}7.1 If at any time for distribution hereunder, none of the Settlor's issue, or their issue, is then living, the Trustee shall distribute the remaining trust assets as follows: {}7.1.1 The sum of one hundred thousand dollars ($100,000.00) to each of the Settlor's and the Settlor's spouse's siblings. If any of such siblings has predeceased the date for distribution of this gift, the distribution for such sibling's share shall be made to his or her issue, per stirpes. {}7.1.2 The residue of the Trust Estate shall be distributed to Messiah College of Grantham, Pennsylvania, for further distribution to and for the charitable purposes set forth in Settlor's last gif~ designation delivered to Messiah College. ARTICLE EIGHT APPOINTMENT OF FIDUCIARIES {}8.1 Upon the death, resignation or incapacity of the Settlor to act as Trustee hereunder as certified in writing by the Settlor's then personal attending physician, the Settlor appoints the Settlor's Husband, J. HAROLD ENGLE, and her son, JAY L. ENGLE, as successor Trustees. If Settlor's Husband shall fail or cease to act for any reason, the Settlor then appoints Settlor's son, CLIFFORD L. ENGLE, to serve as successor Co-Trustee. In the event that a Co-Trustee who was not the spouse of Settlor shall fail or cease to act for any reason, the Settlor then appoints her son, KEVIN L. ENGLE, to serve as Successor Co-Trustee. In the event that a Co-Trustee who was not the spouse of Settlor shall fail or cease to act for any reason, the remaining Co-Trustee may serve as the 11- sole Trustee. If the remaining sole Trustee shall fail or cease to act for any reason, or desires not to serve as sole Trustee, then Settlor appoints MELLON BANK, as successor Trustee. {}8.2 The then income beneficiaries (or their natural or legal guardians) of all masts herein created may remove at any time any Trustee, other than the Settlor's Husband, with or without cause, by unanimous decision, without court approval, provided that such beneficiaries by unanimous decision immediately appoint 'a successor corporate or individual Trustee qualified to serve. {}8.3 Except when provided herein to the contrary, the Co-Trustees shall act by majority vote. Except for specific references herein to the "Individual" or "Corporate" Trustees, all references herein to the "Trustee" shall mean the originally appointed Trustee, the Individual and/or Corporate Co-Trustee, as the case may be. ARTICLE NINE DUTIES AND POWERS OF FIDUCIARIES {}9.1 No fiduciary under this Agreement shall be required to give bond or other security for the faithful performance of the fiduciary's duties. by law: {}9.2 Any such fiduciary shall have the following powers, in addition to those given {}9.2.1 To invest in, accept and retain any real or personal property, including stock of a corporate fiduciary or its holding company, without restriction to legal investments; provided, however, - 12- if any property that forms a part of the principal of the trust(s) established by Article Four of this Agreement is unproductive, the Settlor's Husband may at any time and fi.om time to time by a written notice require the Trustee of said mast(s) holding such unproductive property either to make any or all of such property productive or to convert such property within a reasonable time after the Trustee receives such notice; {}9.2.2 To sell, exchange, partition or lease for any period of time any real or personal property and to give options therefor for cash or credit, with or without security; {}9.2.3 To borrow money fi.om any person including any fiduciary acting hereunder, and to mortgage or pledge any real or personal property; {}9.2.4 To hold shares of stock or other securities innominee registration form, including that of a clearing corporation or depository, or in book entry form or unregistered or in such other form as will pass by delivery; {}9.2.5 To make distributions in cash, or in k/nd at current values, or partly in each, allocating specific assets to particular distributees on a non-pro rata basis, and for such purposes to make reasonable determinations of current values; {}9.2.6 To terminate, following the death of the Settlor's Husband any mast created herein, the principal of which is or becomes too small in the Trustee's discretion to make the establishment or continuance of the trust advisable, and to make immediate distribution of the then remaining mast property to the beneficiary then entitled to the income of the trust property or, ~if there is more than one beneficiary, to the beneficiaries then entitled to the income of the mast property, in proportion to their respective interests therein or, if such interests are not defined, in equal Shares to such beneficiaries. The receipts and releases of the distributees will terminate absolutely the right of all persons who might otherwise have a future interest in the trust, whether vested or contingent, without notice to them and without the necessity of filing an a~count in any court; {}9.2.7 If the Settlor's Executor does not make an election pursuant to Section 2056(b)(7)(B)(v) of the Code with respect to all of the assets held in mast under Article Four hereof, the mast estate -13- thereunder may be divided into separate trusts pursuant to the terms of the election and such division shall be based upon the fair market value of the assets comprising the trust at the time of the division; {}9.2.8 To allocate between the trusts established by Articles Four and Five of this Agreement any property that is not includible in the Settlor's estate for administration purposes, but which is paid directly to the Trustee and is not otherwise designated for a specific trust, in such shares as the Trustee deems appropriate; provided, however, any portion of such property that does not form a part of the Settlor's gross estate for federal estate tax purposes shall be allocated to the trust established by Article Five of this Agreement and shall not be used for the payment of death taxes, debts or administration expenses; {}9.2.9 To execute any agreement relating to the disposition or redemption of any business interest that may be a part of the trust estate, whether the same involves a proprietary interest, a partnership interest or stock in a closely held corporation; {}9.2.10 To operate or arrange for the operation of any business interest held hereunder, and to join or become a party to, or to oppose, any reorganization, readjustment, foreclosure, merger, voting trust, dissolution, consolidation or exchange relating to any such business interest; {}9.2.11 To engage in litigation and compromise, arbitrate or abandon claims; {}9.2.12 To determine the apportionment~ of receipts and expenses, including extraordinary cash dividends, stock dividends, capital-gain dividends of regulated investment companies and proceeds and expenses of the sale of unproductive real estate, between income and principal, such apportionment to be made so~ as to balance fairly the interests of any income beneficiary and the remaindermen; {}9.2.13 To make elections, decisions, concessions and settlements in connection with all income, estate, inheritance, gift or other tax returns and the payment of such taxes, without obligation to adjust the distributive share of income or principal of any person thereby affected, including the election available under Section 2033A of the Internal Revenue Code; - 14- §9.2.14 To merge, after the death of the Settlor, any trust created hereunder with any other trust or trusts created by the Settlor or the Settlor% Husband, under will or deed, if the terms of any such trust are then substantially similar and are held for the primary benefit of the same persons, and if such merger shall not cause any adverse estate, income or generation skipping transfer tax consequences; and {}9.2.15 The Settlor's Executor is authorized to allocate any of the Settlor's exemption from federal generation skipping transfer tax under §2631 of the Code to any property as to which the Settlor is the deemed transferor under §2652(a) of the Code, regardless of whether or not the property with respect to which an election or allocation is made is part of the Settlor's probate estate. Any such election or allocation shall be binding upon the Trustee and any beneficiary of any trust created hereunder. The Trustee is authorized to divide any trust created hereunder into two or more separate trusts if such separation, in the discretion of the Trustee, is advantageous to such trust and the beneficiaries of such trust for the purposes of application of the federal generation skipping transfer tax; provided, however, that such separated trusts shall be held, administered and disposed of in accordance with the terms hereunder as identical trusts in all other respects. {}9.2.16 Notwithstanding any other provision of this Agreement, in no event shall the Trustee have the power to divest a qualified heirs' interest in a QFOB interest held in any Trust created hereunder in favor of a disqualified heir. §9.2.17 To amend any'trust holding a QFOB interest for the express purposes of qualifying under Section 2033A. §9.2.18 Is specifically authorized to designate the qualified heir as a "special" Trustee with managerial powers over the QFOB interest held by the Trust. §9.2.19 Is specifically authorized to hire the qualified heir to work for the QFOB in a management capacity. §9.2.20 Is specifically authorized to make an outfight distribution of the QFOB interest to the qualified heirs if it is necessary to preserve .fine QFOB election. - 15- §9.3 Any such fiduciary shall have the following duties, in addition to those given by law: §9.3.1 To provide the plan administrator, no later than nine (9) months after the death of the Settlor, with a copy of the actual trust instrument or, in the alternative, provide a final list of all. the beneficiaries of the trust (including contingent and remainder beneficiaries, with a description of the conditions on their entitlement) as of the date of death, certifying that the list is correct and complete and that all other requirements have been satisfied and agreeing to provide a copy of the trust instrument upon demand. ARTICLE TEN BUSINESS INTERESTS § 10.1 Subject to the provisions of §3.1 of this Agreement, in the event any business interest should be a Trust Asset, whether the same involves a proprietary interest, a partnership interest or stock in a closely-held corporation, either wholly owned, conlrolled by the Trustee or owned in substantial part by the Tru~stee, the Trustee is authorized, subject to the terms of any agreement which the Settlor or the Trustee may have made for the sale of ~uch interest, to continue said business until such time as the Trustee shall deem it advisable to sell, liquidate or distribute the same in kind. With respect to any sale or exchange of the stock of any such business interest and in the absence of any such agreement entered into by the Settlor or the Trustee, the Trustee is directed to consider and determine the appropriateness of a sale or redemption of such stock in accordance with Section 303 of the Internal Revenue Code to the business entity and a possible deferral of federal estate tax payments under Section 6166 of the Internal Revenue Code. It is the Settlor's desire that, to the extent possible, any such business interest be continued or disposed of only in an orderly manner so as to maximize the proceeds of any disposition. If an election under the 'foregoing provisions will effect such desire, the Trustee is encouraged to pursue such election if it -16- deems such election also to be in the best interests of the trust(s) created hereunder and the beneficiaries thereof. The Trustee shall have all rights and powers in connection with such business as an owner thereof, including sPecifically the power at any time and fi.om time to time to operate or to join in the operation of the same as a going concern, to form or to reform a general or limited parmership, to incorporate or to reincorporate and to liquidate or to sell the same or any part thereof as the Trustee deems advisable for the best interests of the trust(s) created hereunder and the beneficiaries thereof without the necessity of any order of court and without any liability for loss resulting fi.om the operation of said business, except when such loss is the result of gross negligence or fraud on the part of the Trustee. ARTICLE ELEVEN DUTIES AND RIGHTS WITH RESPECT TO PoLIcT~.s § 11.1 The Settlor and the Trustee shall have the following duties and fights with respect to all insurance policies payable to the Trustee (the "Policies"): § 11.1.1 The Trustee shall not be obligated to pay any premiums or assessments on any of the Policies and shall be under no obligation with respect to the Policies, except for safekeeping during the Settlor's lifetime and to the extent otherwise expressly agreed to herein. §11.1.2 With respect to any of the Policies, the Settlor reserves to himself, during his ownership of said Policies and during his lifetime, all rights, payments, dividends, surrender values and benefits of any kind which may accrue on account of any of the Policies, and the right at any time to assign, pledge or use said Policies, or any of them, or to change the beneficiary thereof to borrow money thereon, or for any purpose, without the consent, approval or joinder of the Trustee or any beneficiary hereunder. It is the intent of the Settlor, with regard to said Policies, that this - 17- instrument shall be operative only with respect to the proceeds of such of the Policies as may be due and payable to the Trustee at the time of the death of the Settlor or thereafter, after deduction of all charges against the Policies by reason of advances, loans, premiums, or otherwise; and the receipt of the Trustee for such proceeds shall release the insurance companies fi-om liability on the Policies. § 11.1.3 The Settlor agrees and directs that, upon his death, the proceeds of all Policies which are then subject to the terms of this instrument shall be paid in accordance with the directions then set forth in said Policies or the beneficiary designations then attached thereto. If the proceeds of said Policies are payable to the Trustee, the Trustee may institute any proceeding at law or in equity in order to enforce the payment thereof, and may do and perform any and all other acts and things which may be necessary, for the purpose of collecting any sums which may be due and payable under the terms of said Policies; it being distinctly understood, however, that the Trustee shall not, except at its option, enter into or maintain any litigation to enforce the payment of said Policies until it shall have been guaranteed indemnification by one or more of the beneficiaries of this instrument to its satisfaction against all expenses and liabilities to which it may, in its judgment, be subjected by any such action. The Trustee is authorized to compromise and adjust claims arising out of the Policies, or any of them, upon such terms and conditions as it may deem just, and the'decision of the Trustee shall be binding and' conclusive upon all parties interested therein. ARTICLE TWELVE PROVISION FOR TAXES, DEBTS AND EXPENSES {}12.1 The Trustee may pay any of the Settlor's legally enforceable debts, any expenses of his last illness, funeral, burial and administrative e~xpenses of his estate and estate taxes, inheritance taxes, transfer taxes and other taxes of a similar nature payable by mason of the Settlor's death to any government or subdivision thereof upon or with respect to any property subject to any such tax, 'and any penalties thereon, or any portion thereof, in the Trustee's sole discretion, without 18- reimbursement, out of the principal of that portion of Trust Assets disposed of by of Article Five hereof. No portion of any taxes shall be paid fi-om the QFOB interest. ARTICLE THIRTEEN REVOCABILITY § 13.1 This Trust shall become irrevocable upon the earlier of Settlor's death and the April 1st following the year in which the Settlor attains the age of seventy and one-half(70 ½). Prior to such time, the Settlor may, by instrument in writing delivered to the Trustee, modify, alter or i-evoke this instrument in whole or in part; provided, however, that the duties, powers, compensation and liability of the Trustee shall not be changed without the written consent of the Trustee. ARTICLE FOURTEEN MISCELLANEOUS PROVISIONS §14.1 As used in this Agreement, the term "Code" shall mean the Internal Revenue Code of 1986, as amended fi'om time to time, or the corresponding provision of subsequent law. § 14.2 If the Settlor's Husband and the Settlor die under such circumstances that it is impossible to determine which survived, it shall be conclusively presumed and this Agreement shall be construed as if the Settlor's Husband had survived the Settlor. § 14.3 Whenever a discretionary distribution of net income or principal is permitted pursuant to any trust created hereunder, if such distribution may be made in whole or in part to a 19- person who is then a Trustee of such trust, such person may not participate in any way in the 'decision whether to make such distribUtion. No Trustee who is under a legal obligation to support a beneficiary of a trust created hereunder shall participate in the exercise of any discretion granted to the Trustee of that trust to distribute net income or principal in discharge of that legal obligation. Furthermore, no Trustee shall enter into any reciprocal arrangement with any other Trustee for the purpose of indirectly exercising a power prohibited hereunder. § 14.4 Whenever the Trustee is directed to distribute property to or for the benefit of any beneficiary who is under (a) twenty-one (21) years of age, or (b) a legal disability or otherwise suffers fi.om an illness or mental or physical disability that would make distribution directly to such beneficiary inappropriate (as determined in the Trustee's sole discretion exercised in good faith), the Trustee may distribute such property to the person who has custody of such beneficiary, may apply such property for the benefit of such beneficiary, may distribute such property to a custodian for such beneficiary, whether then serving or selected and appointed by the Trustee (including the Trustee), under any applicable Uniform Transfers to Minors Act or Uniform Gifts to Minors Act, may distribute such property to the guardian of such beneficiary's estate, may distribute such property directly to such beneficiary's estate, or may distribute such property directly to such beneficiary (except if any of the conditions hereinbefore described in (b) apply), without liability on the part of the Trustee to see to the application of such property. This provision shall not in any way operate to suspend such beneficiary's absolute ownership of such property or to prevent the absolute vesting thereof in such beneficiary. - 20 - {}14.5 Except as otherwise may be provided in this Agreement, during the continuance of any of the trusts created hereunder and thereafter until the property is distributed to and received by any beneficiary hereunder, the principal sums thus held in trust for any beneficiary, respectively, and the income thereof shall not be subject tO or liable for any contracts, debts, engagements, liabilities or torts of such beneficiary now or hereafter made, contracted, incurred or committed, but shall be absolutely fi-ee fi.om the same, and such beneficiary shall have no power to sell, assign or encumber all or any part of the principal sums or such beneficiary's interest therein, respectively, or the income thereof, or to anticipate the income. {} 14.6 An individual fiduciary shall be entitled to receive reasonable compensation for such fiduciary's services hereunder. A corporate fiduciary shall be entitled to receive compensation for its services hereunder in accordance with its schedule in effect when the services are performed, but not in excess of such compensation as would be approved by a court of competent jurisdiction. {} 14.7 Notwithstanding any other provision of this Agreement, upon the expiration of twenty-one (21) years after the death of the last survivor of the Settlor% Husband and issue living at the Settlor's death, the masts created hereunder shall forthwith terminate and the mast property shall be distributed to the beneficiary then entitled to the income of the trust property or, if there is more than one beneficiary, to the beneficiaries then entitled to the income of the mast property in proportion to their respective interests therein or, if such interests are not defined, in equal shares to sUch beneficiaries. -21 - {}14.8 This instrument and any trust created hereunder shall be governed by the laws of Pennsylvania and shall have it sims in Lancaster County, pennsylvania. IN WITNESS WHEREOF, the Settlor and the Trustee have hereunto affixed their hands and seals and/or caused this instrument to be duly executed on the date and year first written above. WITNESS: SETTLOR: RUTH E. ENGLE TRUSTEE: RUTH E. ENGLE - 22 - THE RUTH E. ENGLE REVOCABLE TRUST SCHEDULE A WITNESS: SETTLOR: .(SEAL) RUTH E. ENGLE TRUSTEE: RUTH E. ENGLE (SEAL) COMMONWEALTH OF PENNSYLVANIA ) ) COUNTY OF X-~~ ) SS: On this, the C2~ day of ~ ,1998, before me, a notary public, the [I Undersigned officer, personally appeared RUTH F2. ENGLE, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. (SEA_L) My Commission Expires: Notarial Seal ~ Margaret L. Boycl, Nora Publl Susquehanna ~ D rY c M Corn .wp.!, aupfiin Coun Y mira, Ion EX~lre~ du x47~o7_~ - 24 - AMENDMENT OF AGREEMENT OF TRUST THIS AGREEMENT is made and executed this ~ '%~/ . day of ~ 2002, by and between RUTH E. ENGLE of Elizabethtown, Lancaster County, Pennsylvania, as Settlor (the "Settlor") and RUTH E. ENGLE as Trustee (the "Trustee), and is intended to be an Amendment to a certain Trust Agreement between the Settlor and the Trustee dated July 27, 1998, and to revoke any previous Amendments to said Trust. WITNESSETH: WHEREAS, the Settlor as Grantor, and the Trustee, as Trustee, entered into an Agreement of Trust dated July 27, 1998, and WHEREAS, Article Thirteen of the Trust Agreement reserves to the Settlor the right to amend, alter, revoke or terminate the Trust Agreement in whole or in part by instrument in writing signed by the Settlor delivered to the Trustee. NOW, THEREFORE, the Settlor hereby amends the Trust Agreement as follows: I hereby revoke Article Three of the Trust Agreement and replace it in its entirety with the following Article Three: "Article Three" Upon the Settlor's Death 3.1 Upon the death of the Settlor, if the Settlor's Husband survives the Settlor, the Trust Estate shall be divided into as many as two separate Trusts, hereinafter referred to as the Marital Trust and the Applicable Credit Trust and shall be funded in the following order. First, the Marital Trust shall consist of the assets selected by the Trustee after considering the value of all of the assets owned by the Settlor's Husband together with the value of any additional assets which, by reason of the death of the Settlor, will be added to the estate of the Settlor's Husband which will not exceed, when added to all of the other assets of Settlor's Husband, a sum equal to the dollar amount, if any, which can pass (at the time of designation of this Marital Trust by Trustee or the date of death of the Settlor's Husband, whichever shall first occur) free of Federal Estate Tax in the estate of Settlor's Husband by reason of the applicable credit against Federal Estate Tax allowable to Settlor's Husband's estate. Second, the Applicable Credit Trust shall consist of assets selected by the Trustee which can pass free of Federal Estate Tax in the estate of Settlor by reason of the applicable credit against Federal Estate Tax allowable to Settlor's estate. Third, all the remaining assets of the Trust, if any shall be payable to the Marital Trust unless Settlor's Husband shall disclaim any such assets in which case such assets shall be paid to the Applicable Credit Trust (under Section 2056 of the Internal Revenue Code of 1954) in accordance with the provisions of Article Five hereof. Settlor hereby suggests, but does not direct, that in exercising such discretion, her Executor shall attempt to minimize (or eliminate, if possible) the Federal and State Estate, Inheritance, or death taxes payable by Settlor's estate at the time of her death. Settlor's executor should also consider the effect of such election upon the Federal and State Estate, Inheritance or death taxes payable by Settlor's estate at the time of her death. However, Settlor's Executor should also consider the effect of such election upon the Federal and State Estate, Inheritance or other death taxes which may be payable by Settlor's Husband's estate at his death, particularly if he dies before the election of Settlor's Executor must be made. The decision of Settlor's Executor with respect to the exercise of the election shall be final and conclusive upon all persons whose interests in Settlor's estate are directly or indirectly affected by the election. The Marital Trust may be composed of cash, or partly of cash and partly of property in kind, shall be funded only with property which qualifies for the federal estate tax marital deduction in the Settlor's estate, valued at the date of distribution, and which, to the extent other property is available, shall not include property for which a foreign death tax credit is available. The Executor of the Settlor's estate shall have the right to make the election provided by Section 2056(b)(7)(B)(v) of the Code, on the federal estate tax return prepared on behalf of the Settlor's estate to have a portion or all of the property distributed pursuant to the Marital Trust treated as qualified terminable interest property in order to qualify such portion or all of the property for the marital deduction for federal estate tax purposes, which election shall be binding and conclusive upon the Trustee. If the Settlor's Executor elects to have a portion or all of such assets so qualify, such elected assets may, at the discretion of the Trustee and so long as the election to qualify such assets for the federal estate tax marital deduction is not jeopardized, be held and administered by the Trustee as a separate trust estate with the balance, if any, of the assets which are governed by the appointment herein to the Marital Trust also held and administered as a separate trust estate or may be held and maintained by the Trustee with the non-elected assets as one trust estate. In either case, any such trust or trusts shall be held, administered and disposed of in accordance with the provisions of Article Four hereof (the "Marital Trust"). §3.2 The Trustee shall retain in trust such of the Trust Assets as shall not have been retained pursuant to the preceding §3.1 in the Marital Trust, to be held, administered and disposed of in accordance with the provisions of Article Five hereof, the "Applicable Credit Trust", formerly labeled the "Unified Credit Trust". II In all other respects, the Trust Agreement between the Settlor and Trustee dated July 27, 1998, is hereby ratified and confirmed. IN WITNESS WHEREOF, the Settlor and the Trustee have hereunto affixed their hands and seals and/or caused this instrument to be duly executed on the date and year first above written. Witness: Settlor: RUTH E. ENGLE Witness: Trustee: RUTH E. ENGLE COMMONWEALTH OF PENNSYLVANIA COUNTY OF LANCASTER On this, the day of ) ) ss ) ,2002, before me a, Notary Public, the undersigned officer, personally appeared RUTH E. ENGLE known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument and acknowledged that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. (SEAL) My Commission Expires: :286763 _1 REVOCABLE LIVING TRUST OF Ruth E. Engle I, Ruth E. Engle, of 431 Sunrise Blvd., Elizabethtown, PA 17022, transfer to MELLON BANK, N.A. as trustee the property described in the annexed schedule to be held IN TRUST under Pennsylvania law as follows: I. Lifetime Trust: During my lifetime my trustee shall invest and manage the property, and make distributions as follows: Payments: As much, even if all, of the net income and principal as I may from time to time direct in writing shall be paid either to me or as I may specify; Balance: Any remaining net income shall from time to time be accumulated and added to principal; however, Disability: If my trustee believes I am incapable of handling my own affairs it need not follow my previous directions regarding payments during my lifetime. Instead, my trustee may apply part or all of the principal and income in any way it believes will benefit me or any person dependent upon me. II. Provisions at Death: Upon my death my trustee shall pay the then remaining principal and any undistributed net income to or in trust for such one or more persons or organizations on such terms as I may appoint by a will specifically referring to this power of appointment or, insofar as it is not effective, to my personal representative for distribution as part of my estate. III. Manaeement Provisions: I authorize my trustee: A. Retain/Invest: To retain and to invest in any form of real or personal property anywhere which, in my trustees's opinion, is appropriate for my trust, without being required to diversify; Nominee: To hold property in the name of a nominee. I have been informed of SEC Rule 14b- 1 (c) which enables corporations for corporate communication purposes to learn the identity and holdings of the beneficial owners of the corporation's securities where securities are held by banks and registered in "nominee" name. I direct that my trustee not disclose the information to those corporations; Sell/Lease: To sell at public or private sale, to exchange or to lease for any period of time, any real or personal property, and to give options for sales or leases; and D. Distribute: To distribute in cash or in kind. These provisions shall continue in full force until the actual distribution of the property. The investment provisions and all the other provisions, authorities and discretion given under my trust shall be in addition to those granted by law, shall continue until the distribution of the property, shall be exercisable without court authorization, and, unless exercised in bad faith, shall be conclusive upon all the beneficiaries. IV. Protective Provision: To the greatest extent permitted by law, before actual payment to a beneficiary no interest in income or principal shall be (i) assignable to a beneficiary or (ii) available to anyone having a claim against a beneficiary. V. Accounting: My trustee shall send me statements at least quarterly showing the trust's transactions. Unless I am incapable of handling my own affairs, I must report any errors to my trustee including the non-receipt of a statement, within 90 days after I normally receive a statement. Otherwise, I, at my trustee's discretion, may be deemed to have accepted the transactions as stated. VI. Provisions Regarding My Trustee: I direct that: Instructions: My trustee may consider oral instructions as if they were written as long as my trustee believes in good faith they are genuine and any distribution is made only to me or to any account in which I have an interest; Conflicts of Interest: The fact that my trustee is active in any aspect of the investment business as that business is broadly understood shall not be deemed a conflict of interest. Purchases and sales of investments may be made through any department or affiliate of my bank trustee. My trustee may pay the firm its usual charges for the service. Any income beneficiary or his or her legal representative may cancel this power by a writing delivered to my trustee; Resignation: My trustee may resign by paying all the funds to the income beneficiary or beneficiaries or, ifa beneficiary is a minor, any distribution or payment may be made to his or her parent or anyone as custodian for the minor under the Uniform Girls to Minors Act; and Compensation: My trustee shall receive compensation in accordance with its standard schedule of fees in effect while its services are performed. VII. Rights Reserved: I reserve the right to revoke this trust by writing other than a will, and the right to amend this trust or add to this trust with my trustee's approval. Ruth E. Engle Witnesses: On ~.~~ ~o~, 19._~before me, the undersigned notary public, personally appeared Ruth -1~/. Engle, who acknowledged the foregoing trust to be that person's act and desired that the trust might be recorded as such. Witness my signature and notarial seal on the above date. The foregoing trust was delivered, MELLON BANK, N.A. By SCHEDULE REFERRED TO IN THE ANNEXED TRUST Dated ~(] C~ tx_q~ ~ , 19~_~.~ From Ruth E. Engle, Trustor To MELLON BANK, N.A., Trustee ~,~0, 0o0 '-"' 2P200 RTl 4/93 (1758) RESTATED REVOCABLE LIVING TRUST TO RUTH E. ENGLE AS SOLE TRUSTOR We, I. HAROLD ENGLE and RUTH E. ENGLE, of Elizabethtown, Pennsylvania amend our trust dated August 25, 1995 so that RUTH E. ENGLE shall be treated as the sole trustor and the trust terms are as follows: "I, RUTH E. ENGLE, of Elizabethtown, Pennsylvania direct that MELLON BANK, N.A. as trustee shall hold the property currently IN TRUST under Pennsylvania law as follows: I. My Personal Trust: During my lifetime my trustee shall invest and manage the property, and make distributions as follows: .Payments/Control: As much, even if all, of the net income and principal as I may from time to time direct in writing shall be paid to me or as I may specify. IfI notify my corporate trustee in writing I may direct and control the sale, purchase, management or retention of any investment in which event no trustee shall review the investment at any time nor be subject to liability for acting in accordance with those directions; Bo Balance: Any remaining net income shall from time to time be accumulated and added to the principal; however, Disability: If my trustee believes I am incapable of handling my own affairs it need not follow my previous directions regarding payments during my lifetime. Instead, my trustee may apply part or all of the principal and income in any way it believes will benefit me or any person dependent upon me. II. Provisions at Death: Upon my death my trustee shall pay the then remaining principal and any undistributed net income to or in trust for any one or more persons or organizations on such terms as I may appoint by a will specifically referring to this power of appointment or, to the extent it is not effective, to my personal representative for distribution as part of my estate. III. Management Provisions: I authorize my trustee: Ao Retain/Invest: To retain and to invest in any form of real or personal property, anywhere which, in my trustee's opinion, is appropriate for my trust, without being required to diversify; Mutual Funds: To invest any portion of the trust in any mutual fund of any affiliate of Mellon Bank Corporation. I understand that mutual funds (1) are not insured by and are not obligations of the FDIC or any other government agency, (2) are not deposits or other obligations of and are not endorsed or guaranteed by Mellon or any other bank, (3) are subject to investment risk, including the possible loss of the principal amount invested, (4) may fluctuate in value, so that when they are sold they may be worth more or less than when they were purchased, (5) may be subject to the fees and charges as described in the prospectus. Sell/Lease: To sell at public or private sale, to exchange or to lease for any period of time, any real or personal property, and to give options for sales or leases; and D. Distribute: To distribute in cash or in kind. These provisions shall continue in full force until the actual distribution of the property. Any discretion under this document - if exercised or not exercised as long as done so in good faith - shall be conclusive upon all persons concerned. My trustee shall have no further responsibility over funds paid or applied using this standard of care. IV. Protective Provision: To the greatest extent permitted by law, before actual payment to a beneficiary no interest in income or principal shall be assignable by a beneficiary or available to anyone having a claim against a beneficiary. V. Accounting: My trustee shall send me monthly statements showing the trust's transactions. Unless I am incapable of handling my own affairs, I must report any errors to my trustee including the non-receipt of a statement, within six months after I normally receive a statement. Otherwise, I, at my trustee's discretion, may be deemed to have accepted the transactions as stated. VI. Provisions Regarding My Trustee: I direct that: Ao Instructions: My trustee may consider oral instructions as if they were written as long as my trustee believes in good faith they are genuine and any distribution is made only to me or to any account in which I have an interest. Bo Conflicts of Interest: It shall not be deemed a conflict of interest if my corporate trustee or its affiliate has an interest in mutual funds, brokerage services, lending activities or in any other respect of the banking or investment business, and my trustee may pay my corporate trustee or its affiliate the usual fees for those services. Specifically, my trustee is authorized to execute purchases and sales through its affiliated brokerage service at the affiliate's regular institutional rates so long as that service provides competitive execution, and any brokers or dealers executing transactions on behalf of the trust may receive commissions that are reasonable in relation to the value of the brokerage and/or research services provided by the broker. However, I at any time may cancel this power by writing delivered to my corporate trustee. Co Resignation/Payment: My trustee may resign by paying all the funds to the income beneficiary or beneficiaries; if a beneficiary of an appointed share is a minor, any distribution may be made to his or her parent or anyone as custodian for the minor under the Uniform Transfers to Minors Act of any state. 2 Do Compensation: My trUstee shall receive compensation in accordance with its standard schedule of fees in effect while its services are performed. 'VII. Rights Reserved: I reserve the right to revoke this trust by writing other than a will, and the right to amend this trust or add to this trust with my trustee's approval." Dated Witness: f -' 1998. RUTH E. ENGLE The fore~.~~t . . ~ r_~tement was delivered, and is hereby accepted, in Pennsylvania, on ,1998. MELLON BANK, N.A. Witness: Approved: RUTH E. ENGLE ~. HAROLD ENGLE / IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION In Re: ESTATE OF RUTH E. ENGLE, Late of Upper Allen Township, Cumberland County, Pennsylvania, deceased Estate No. 2003-00067 DISCLAIMER I, J. Harold Engle, hereby declare that I am the surviving spouse of Ruth E. Engle, who died on January 13, 2003. At the time of her death, Ruth was entitled to an inheritance from the Estate of her late mother, Orpha H. Kibler. I hereby irrevocably and completely disclaim and refuse to accept any and all rights, title and interests that I may be entitled to receive with regard to any estate distributions from the Estate of Orpha H. Kibler. However, I do not hereby disclaim any of my other rights, title, interest or powers, if any, as a beneficiary under the Last Will and Testament of Ruth E. Engle or her Revocable Agreement of Trust. I hereby state and certify that I have not accepted any benefits or interest in the said distribution from the Estate of Orpha H. Kibler. This document is intended to qualify as a disclaimer under Section 2518 of the Internal Revenue Code of 1954, as amended, and under Chapter 61 of the Pennsylvania Probate, Estates and Fiduciaries Code. Dated this ~ day of March, 2003. Witness: ~ Har~)ld Engle (SEAL) 319369_1 ACKNOWLEDGMENT COMMONWEALTH OF PENNSYLVANIA : : SS. COUNTY OF DAUPHIN : On this .~Jh day of March, 2003, before me, the undersigned officer, a Notary Public in and for the said county and state, personally appeared J. Harold Engle, who, being duly sworn according to law, deposes and says that the facts set forth in the foregoing Disclaimer are true and correct to the best of his knowledge, information, and belief and that he executed the same as his voluntary act and deed for the purposes therein contained. Notarial Seal Melisa M. Lucas, Notary Public City of Harrisburg, Dauphin County My Commission Expires Oct. 13, 2003 Member, Pennsylvania Associat on ot Notaries IN THE COURT OF COMMON PEEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION In Re: ESTATE OF RUTH E. ENGLE Late of Upper Allen Township, Cumberland County, Pennsylvania, deceased Estate No. 2003-00067 RECEIPT OF DISCLAIMER J. Harold Engle, being duly sworn according to law, depose and say that he is the Executor of Ruth E. Engle's estate and that on the date and place as hereinafter set forth, he received the foregoing signed Disclaimer from J. Harold Engle. Signature Estate of Ruth E. Engle ~'. Harold Engle, Executor/ 2003. SWORN TO AND SUBSCRIBED before me this ~/~ day of /~4r~J; Notary Public Notarial Seal [ Melisa M. Lucas, Notary Public City ut' Harrisburg, Dauphin County My Commission Expires Oct. 13, 2003 Me, tuber. Pennsylvania Association ot Notaries :319369 _1 3 EXHIBIT B Montgomery Scott 61 North Duke Street Lancaster, PA 17602~2842 February 18, 2003 (717) 293-4100 fax: (717) 293-4108 Metre, Evans & Woodside Atto: Lisa J. Knode Paralegal to Jeffery A. Ernico, Esq. 3401 North Front Street P.O. BoX Harrisburg, PA 17110-0950 RE: Ruth E. Engle (Decd) Date of Death Valuation: January 13, 2003 Ruth E. Eng!e / JMS Account #3047-1422 Dear Ms. Knode: Per your request, please find listed below the assets held in. ~ename of Ruth E. Engel at the time of her death. The aceOunt was an individual accountregistered in the naxne~ofRuth E, Engle. There were no transfers of'funds. Included are the high and the low date of death values of her assets as of January 13, 2003, Also included is the dividend and interest information for 2002 and 2003. In addition we are forwarding the new account form directly to Harold Engle for signature. Description Quantity Symbol Cusip # High Low Applied Materials Inc 90 Comcast Corp New CL A 48 Fulton Financial Corp PA 828 Hershey Foods Corp 100 Iridium World Communications 200 Johnson & Johnson 75 Mellon Financial Corp 150 John Hancock Regional Bank 967.246 AMAT 038222105 16.30 15.33 CMCSA 20030N101 28.03 26.95 FULT 360271100 18.89 i'8.61 HSY 427866108 68.02 67.30 IRIDQ G49398103 0.110 0.085 JNJ 478160104 57.20 55.76 MEL 58551A108 27.86 27.16 FRBAX 409905106 36.53 36.53 MFS Regatta Choice Annuity Death Benefit Value: $54,723.31 Current Market Value: $35,710.80 54723.31 866793748 Members: NYSE · NASD · SIPC Janney Montgomery Scott 3, tr,,ditio, of e~c et~nc e ~i.ce ~ s~2 Description Cusip # Dauphin Co PA Messiah Vlg 5.7 238259-E2-7 Current Market Value: $15,000.00 cash and Money Market Value: $2,i 18.80 Accrued dividends on Cash and Money Market: $0.36 If you have any questions or need further information, please feel free to call me. Quantity 15000 (Called 2/3/02 at par) Value $15,000.00 Sinc.~y/~ ',~-.~7/'? Assistant to Kevin L. Bradley First Vice President, Branch Manager KLB / klk Revision dtd 2/18/03 CC: Harold Engle Enclosures Members: NYSE · NASD · SIPC Legg Mason Wood Walker, Incorporated 214Senate Avenue, 7th Floor, P.O. Box8853, Camp Hill, PA 17001.8853 717.737.6500 800.433.8186 Fax: 717.737.0800 Member New York Stock Exchange, Inc,/Member S/PC February 24, 2003 Mette, Evans & Woodside Lisa J Knode 3401 North Front Street PO Box 5950 Harrisburg, PA 17110-0950 Dear Ms. Knode: RE: Estate of Ruth E. Engle Ouanti _ty 25,000 Description Conestoga Valley Sch Dist PA GO Due 04/14/2012 5.15% Account 363-02359-13 Ruth E. Engle Opened 10/11/02 Price Total Accrued Per Unit Value Interest $108.904 $27,226.00 $314.72 The above account will be transferred to an Estate Account, 363-02815-11, upon receipt of the enclosed account form and Affidavit of Domicile, along with a Certified Death Certificate. If you require additional information, please do not hesitate to contact our office. Sincerely, /jl In response to your letter of February 4, 2003, following is the date of death information for Ruth E. Engle. Date of Death: 01/13/2003 Valuation Date: 01/13/2003 Processing Date: 03/25/2003 Estate Valuation Shares Security or Par Description 1) 500 2) 4306 High/Ask Low/Bid EPHRATA NATL BK PA (294209200) COM PAR $1 NASDAQ 01/10/2003 01/15/2003 29.10000 29.10000 H/L 30.25000 29.00000 H/L UNION NATL FINCL CORP (907647101) NASDAQ 01/09/2003 01/14/2003 16.70000 16.70000 H/L 16.50000 16.50000 H/L 3) 2034.00221 UNION NATL FINCL CORP (907647101) NASDAQ 01/09/2003 01/14/2003 16.70000 16.70000 H/L 16.50000 16.50000 H/L Estate of: Ruth E. Engle Account: File #11713-0001 Report Type: Date of Death Number of Securities: 3 File ID: Engle. Ruth Mean and/or Div and Int Security Adjustments Accruals Value 29.275000 14,637.50 16.566667 71,336.07 16.566667 33,696.64 Total Value: Total Accrual: Total: $119,670.21 $0.00 $119,670.21 Page 1 This report was produced with EstateVal, a product of Estate Valuations & Pricing Systems, Inc. please contact EVP Systems at (818) 313-6300. (Revision 6.4.0) If you have questions, EXHIBIT G' Mellon March 12, 2003 JefFrey Ernico, Esquire Mette, Evans and Woodside ~3401 North Front~,~,ee,e';" P. O. Box 5950 Harrisburg, PA 17110 RE: Ruth E. Engle Trusts #10172956BN3 and #10172957BN1 Dear Jeff: This letter is a follow-up to phone conversations with both you and Lisa Knode as well as my letter to Lisa dated February 24. I had promised to provide date of death value information on the two trust accounts in the name of Ruth E. Engle. Enclosed please find valuation statements for both of these trusts. If you have any questions or comments, please feel free to call me at any time at 1 (800) 964-3469. Thank you. Sincerely, Leslie W. Brant Vice President LWB/rep Enclosures cc: J. Harold Engle Private Wealth Management Suite 290 · 204 North George Street · York, PA 17401 (717) 846-4075 Office · (717) 843-0072 Fax A Mellon Financial Company. SM MAR 04 8003 11:50 FR MPAM-SEC PROC×MISC 418 83G B30B TO 917178430078 Estate Valuation~ P.02×02 Date of Death: 01/13/2003 Valuation Date: 01/13/2003 Processing Date: 02/28/2003 Estate of: RUTH E ENGLE ~ 2 Account: 10172956BN3 Report Type: Date of Death Number of Securities: 5 File ID: 2956BN3 Shares or Par Security Description High/Ask Low/Bid Mean &/or Div & Iht Security Adj'ments Accruals Value i) 2) 3) 4) 2846.58 CASH AND CASH EQUIVALENTS (CASH) 7056.532 MELLON FDS TR (58551X675) PA INTR MUN M NASDAQ 01/13/2003 13.08000 Bid 13.080000 2386.772 DREYFUS GROWTH & VALUE FDS INC (26200C601) INTL VALUE FD NASDAQ 01/13/2003 12.51000 Bid 12.31000~ 1399~.188 MELLON FDS TR (58551X108) L CAP STK CL M NASDAQ 01/13/2003 7.65000 Bid 7.650000 4059.011 MELLO~ FDS TR (58551X306) MID CAP STK M NASDAQ 01/13/2003 9.49000 Bid 9.490000 2,846.58 92,299.44 29,381.16 107,063.19 38,520.01 Tonal Value: Total Accrual: Total: $~70,110.38 Portfolio Endnotes $270,110.38 $0.00 * The breakdown of principal and income for cash and cash equivalents can be obtained via the Distributions Unit. Page I ~his repor~ was produced with Es=ateVal 2000, a product of Estate Valuations & . Pricing Systems, Inc. If you have questions, please contact EVP Systems a= (818) 313-6300. (Revision 6.0.4) TOTAL PAGE.OE ~ FEB ~8 ~003 1G:14 ~R MPAM-SEC PROC?MISC 41~ 83~ 830B TO 91717843007~ P.UWxuw Date of Death: 01/13/2003 Valuation Date: 01/13/2003 Processing Date: 02/27/2003 1) 5) ~) 7; Estate Valuation Shares or Par Security Description ~i~h/Ask Low/Bid Estate of: ENGLE RUTH E - T~ Account: 10172957BN~ Report Type: Date of Deatf Number of Securities: 7 File ID: 2957BN1 Mean &/or Div & Iht Security Adj'ments Accruals Value 3219.17 CAS~ AND CAS~ EQUIVALENTS (CAS~) 7889.7~2 MELLON FDS TR (S8551X678) PA INTR MUN M NASDAQ 01/13/2003 13.08000 Bid 13.080000 2879.436 DREYFUS GROWT~ & VALUE FDS INC (26200C601) INTL VALUE FD NASDAQ 01/i3/2003 12.31000 Bid 12.310000 110S.25 DREYFUS INTL FDS /NC (26201H104) EMERGING MKTS NASDAQ 01/13/2003 11.51000 Bid 11.510000 17261.308 MELLON FDS TR (58551X108) L CAP STK CL M NASDAQ oi/i3/2oo3 7.65000 Bid 7.650000 $835.116 MELLON FDS TR ($8551X306) MID CAP'STK M NASDAQ 01/13/2003 9.49000 Bid 9.490000 i ASSIGNMENT FOR PLEDGED ASSETS (99A925181) 01/13/2003 0.00000 3,219.17 103,198.09 35,445.86 12,721.43 132,049.01 55,375.25 0.000000 0.00 Total Value: 'o:al Accrual: Total: $342,008.81 $342,008.81 $0.00 Page 1 This report was Produced with EstateVal 2000, a product of Estate Valuations Pricin~ Systems, Inc. If you have questions, please con~act EVP Systems at (818) 313-6300. (Revision 6.0.4) ~EB 88 800~ 1G:15 ~R MPAM-SEC PROC×MISC 418 ~OG 8308 TO $17178dJ0078 P.OJx08 Date of Death: 01/13/2003 Valuation Date: 01/13/2003 Processing 'Date: 02/27/2003 Portfolio ~ndno=es * The breakdown of principal and income for cash and cash obtained via the Distributions Unit. Estate of: ENGLE RUTH E q Account: 10172957BN~ Report Type: Date of Dear! Number of Securities: File ID: 2957~N] equivalents can be Page 2 Chis report was Produced With Estateval 2000, a product of Estate Valuations ~ricin~ Systems, Inc. If you have questions, please COntact EVp Systems at (818) 313-6300. (Revision 6.0.4) · ~ TOTRL PRGE.03 FEB ~8 ~00~ iG:15 FR MPAM-SEC PROCxMISC 41~ 2~ 9J0~ TO 8171784J00~2 Date of Death: 0J/ia/2003 - Valuation Date: 01/13/2003 Processing 'Date: 02/27/2003 Portfolio Endnotes *_The breakdown of principal and income obtained via the DistribUtions Unit. for cash and cash equivalents P.OJ/O~ Estate of= ENGLE RUTH E - Account: 10172957~ Re~ort Type: Date of Dear Number of Securities: can be Page 2 ~his report was Produced With Estateval 2000, a product of Estate Valuations & ~ricing Systems, /nc. If you hava questions, Please COn~ac~ EVp SYstems ~ (818) 313-6300. (Revision 6.0.4) FE~ ~8 2003 lB:iS FR MppM-SEC pROC/MISC 412 23~ S30S Date of Death: 01/13/2003 ._ Valuation Date: 0~/13/2003 P~ocessing 'Date: 02/27/2003 p. 03/03 Estate of: ~NGLE RUT~ Account: Report Type: Date of Number of Securities: Portfolio ~ndnotes * The breakdown of principal and income for cash and cash equivalents can be obtained via the Distributions Unit. Page 2 ~his report was produced with EstateVal 2000, a product of Estate Valuations & pricina Systems. Inc. If you have questions, please contac~ EVP Systems at FEB ~8 ~003 tG:15 FR MPAM-SEC PROC/MISC 418 83G 9309 TO 91717843007~ Date of Death: 01/13/2003 Valuation Date: 01/13/2003 Processing 'Date: 02/27/2003 Estate of: ENGLE RUTH Account: 10172! Report Type: Date of Number of Securi~: File Portfolio ~ndno~es * The breakdown of principal and income for cash and cash equivalents can ] obtained via the Distributions Unit. EXHIBIT I MellOn February 26, 2003 Ms. Lisa J. Knode MeRe, Evans & Woodside 3401 North Front street P. O. Box 5950 Harrisburg, PA 17110 RE: Ruth E. Engle Trust #10172957BN1 Dear Lisa: This letter is a follow-up to my letter of February 24 and my phone discussion with Jeff Emico on February 25. Enclosed please find a copy of the Investment Credit Line Pledge Agreement dated November 5, 2002. As you can see, this pledge agreement was signed by Ruth E. Engle. It is my understanding that the outstanding balance on this line on January 13, 2003 was $100,000~ This is an amount which I am sure 'you will verify with Reberta Good or Bill Spahrin Mellon's private banking office. I thought you should have this clean copy since the fax that I sent to Jeff on the morning of February 25 might not have been easy to read since the print is so fine. If we can be of any further help at any time, please call us at (800) 964-3469. Thank you. Sincerely, Leslie W. Brant Vice President LWB/rep Enclosures cc: J. Harold Engle · Karen W, Ziegler, Assistant Vice Presidentl Private Wealth Management Suite 290 · 204 North George Street · York, PA 17401 (717) 846-4075 Office ° (717) 843-0072 Fax A Mellon Financial Company. SM ,, Investment Credit Line Pledge Agreement Mellon Investment Account Number(s): 10172957BN1 Dated as of: November 5, 2002 DEFINITIONS "Borrower" means J. Harold Engle. "Collateral" means all of Pledgor's right, title and interest in and to the Investment Account and all cash, money market accounts, securities, securities entitlements, instruments, investment property and other financial assets or property now or hereafter held in or transferred into the Investment Account, whether now existing or hereafter arising, including, but not limited to, all Eligible Stock, Eligible Debt Instruments, Eligible Government Securities, and Eligible Mutual Funds, together with all interest, income, dividends or other distributions declared or paid with respect to any of the foregoing in any form; all subscription rights or other rights incident to any of the foregoing in any form; and all proceeds of any of the foregoing property, together with all additions thereto and substitutions therefor; and any deposits, accounts, or other money or property, except real property, which Pledgor owns and which Lender or Fiduciary has in its possession or control as trustee, fiduciary, custodian, agent, lender or otherwise (other than Individual Retirement Accounts or Keogh (H.R. 10) Plans), unless the law prohibits such a security interest. "Eligibl* Collateral" means all Eligible Stock, Eligible Debt Instruments, Eligible Government Securities and/or Eligible Mutual Funds. "Eligible Debt Instrument" has the meaning assigned under the Note. "Eligible Government Securities" has the meaning assigned under the Note. "Eligible Mutual Funds" has the meaning assigned under the Note. "Eligible Stock" has the meaning assigned under the Note. "Fiduciary" means the Mellon Financial Corporation subsidiary identified on the signature page hereto that serves as trustee, agent or custodian, as the case may be, under the Fiduciary Agreement. "Fiduciary ,4greernent" means the trust, investment management and/or custody agreement entered into between Pledgor and Fiduciary pursuant to which the Investment Account was established and is maintained. "Investment Account" means the Pledgor's tmst~ agency or custodial securities account(s) with the Fiduciary, as identified in Fiduciary's records by the account number(s) specified above, or as such account number(s) may be changed by Fiduciary from time to time, including any sub-accounts. If there is more than one account number listed above, the term Investment Account refers to all of such accounts collectively. "Lender" means Mellon Bank, N.A. in its capacity as lender under the Note. "Line" has the meaning assigned under the Note. "Loan Documents" means this Agreement, the Note, and any and all other instruments, certificates and other documents executed in connection with the Note. "Margin Value" has the meaning assigned under the Note. "Note" means the Investment Credit Line Note and Loan Agreement in the principal amount of $100,000.00 (the "Credit Limit") entered into by Lender and Borrower dated as of November 5, 2002, and any extensions, modifications and renewals thereof or substitutions therefor. "Obligations" means all outstanding amounts advanced by Lender to Borrower under the Loan Documents, and all other fees, costs, taxes and charges which may be assessed, advanced or incurred by Lender thereunder, including legal fees and other collection costs, plus interest on all the foregoing. "Obligations" also includes all other obligations of Borrower to Lender that are now existing or hereafter arising, direct or indirect, primary or secondary, absolute or contingent, due or to become due, whether evidenced by the Loan Documents or otherwise. "Pledgor" means each party who signs below as Pledgor. If there is more than one Pledgor, each Pledgor agrees to be jointly and severally bound by the terms of this Agreement. GRANT OF SECURITY INTEREST For value received, an, d in order to secure the payment and performance of the Obligations under the terms and conditions of the Loan Documents, Pledgor hereby pledges and grants to Lender an exclusive, continuing first priority security interest in the Collateral. Pledgor shall take all necessary actions, issue all necessary instructions, and shall execute and deliver at any time, at Lender's request, any documents which Lender deems necessary to perfect, preserve and protect any security interest created by this Agreement or to otherwise fulfill the purposes of this Agreement, including, without limitation, executing any document on Pledgor's behalf. Any such documents may include, without limitation, records, financing statements and any amendments thereto. Pledgor hereby irrevocably appoints Lender as Pledgors attorney-in-fact to take any action deemed necessary by the Lender to perfect and maintain perfection of such security interests or to otherwise fulfill the purposes of this Agreement, and acknowledges that such appointment is coupled with an interest. As Pledgor's attorney-in-fact, Lender is hereby authorized: (i) to receive, endorse and collect all checks and other orders or instruments for the payment of money made payable to Pledgor representing any dividend or interest payment or other distribution payable in respect of any or all Collateral and to give full discharge for the same; (ii) to execute endorsements, assignments or other instruments of conveyance or transfer with respect to any or all Collateral; (iii) to demand, sue for, collect, receive and give acquittance for any monies due and to become due with respect to any or all Collateral; (iv) to execute and file with the SEC and any applicable stock exchange one or more notices of sale pursuant to SEC Rule 144, to the extent applicable; and (v) to file any claims or take any action or institute any proceedings which Lender may deem necessary or advisable for the collection of any or all Collateral or otherwise to enforce the rights of Lender with respect thereto, including any filings deemed necessary or desirable to comply with federal and state securities laws. Pledgor shall not take or permit to be taken any action in connection with any Collateral which would impair the value of the interest or rights of Pledgor or Lender. Pledgor will promptly pay all taxes, fees and charges of whatever kind or nature with respect to the Collateral and, if Pledgor does not do so, then Lender may make such payments for Pledgor's account, and such payments shall become part of the Obligations. Pledgor shall immediately forward to the Lender any dividend or other distribution in cash or other property in connection with the liquidation or dissolution of the issuer of Collateral. Pledgor shall furnish to Lender, promptly upon receipt thereof, copies of all material notices, requests and other documents received by Pledgor relating to Collateral. CONTROL AND CUSTODY OF COLLATERAL So long as this Agreement continues in effect, Pledgor authorizes and directs Fiduciary to hold the Collateral in its possession under and subject to the exclusive direction and control of Lender and forthwith to turn over the Collateral, or any part thereof, to Lender upon Lender's demand without further consent of Pledgor or any other person. Fiducia.D, will only comply with entitlement orders concerning the Collateral issued by Lender, or entitlement orders as to which Lender has given its consent, as hereinafter provided. If Pledgor and/or Fiduciary acting on behalf of Pledgor, shall desire to sell, purchase or otherwise make trades in the Investment Account, Fiduciary shall first obtain Lender's consent with respect to each such transaction. Lender may, at its option and in its sole discretion, consent or refuse to grant its consent to such a request; provided, however, that neither Lender nor Fiduciary shall, in any event have any responsibility or liability for any loss to Pledgor which may result from their consenting to or effectuating any request which is initiated directly by Pledgor. Furthermore, so long as this Agreement is in effect, Pledgor acknowledges that Fiduciary shall possess and hold the Collateral as agent for the benefit of Lender in accordance with the provisions of this Agreement including the provisions of the FIDUCIARY ACCEPTANCE AND CONTROL AGREEMENT set forth below. If Pledgor has not already done so, Pledgor shall deliver all Collateral to Fiduciary immediately and shall deliver all other non-cash items of Collateral to Fiduciary immediately upon the receipt of same. To the extent the Collateral is now or hereafter in Lender's possession, Lender agrees to use reasonable care in the custody and preservation of such Collateral; provided, however, that Lender shall have no liability to Pledgor for any losses, costs, expenses or damages due to any acts or omissions of brokers or other third parties, or due to any acts of God or other causes beyond its control. Lender shall have no duty to preserve any rights with respect to any Collateral, including, without limitation, rights against prior parties, or to take or to notify Pledgor of the need to take any action respecting any rights, privileges or options relating to any Collateral. This Agreement shall operate as an amendment to the Fiduciary Agreement to the extent necessary to effect the intent and purposes hereof; provided, however, that the Fiduciary Agreement defines the extent of the Fiduciary's liability to Pledgor in connection with the Investment Account, and the Fiduciary assumes no additional liabilities to Pledgor under this Agreement. In the event that the Fiduciary Agreement is terminated, Fiduciary immediately shall notify Lender and transfer all Collateral in its possession to the custody of Lender. REPRESENTATIONS AND WARRANTIES Pledgor represents and warrants that Pledgor is the true owner of the Investment Account and the Collateral and that Pledgor has good and marketable title to the Collateral, free and clear of any option, security interest, lien, or other charge or encumbrance except the security interest created herein and other security interests granted to Lender. Pledgor also represents and warrants, if there is more than one Pledgor, that, subject to the terms of the Fiduciary Agreement, one or all of such Pledgors are the sole and joint beneficial owners of the Investment Account and the Collateral and that no person who is not a party to this Agreement has any ownership rights of any nature whatsoever in the Investment Account or the Collateral. Pledgor will defend such title against the claims and demands of all persons at its own expense. Pledgor represents and warrants that all of the Collateral is and shall be genuine, has and shall have been duly and validly authorized and issued, and is free and clear of any restriction on transfer, except for compliance with applicable provisions of federal and state securities laws. Pledgor has and shall have the authority, right and capacity to execute, deliver and perform this Agreement and to transfer all Collateral and to grant a security interest therein to Lender as provided by this Agreement. MARGIN LIMITS AND MARGIN MAINTENANCE REQUIREMENTS The Investment Account must at all times contain Eligible Collateral having a Margin Value which is not less than the outstanding balance of the Line. . Lender may issue a "margin call" (that is, a verbal or written request for the Borrower or Pledgor to immediately deposit additional Eligible Collateral and/or pay down the outstanding balance of the Line) if the Margin Value of the Investment Account falls below the outstanding balance of the Line. The minimum amount of additional Eligible Collateral that is required is an amount sufficient, in Lender's sole and absolute discretion, to raise the Margin Value of the Investment Account to an amount which is equal to or, if required by Lender, greater than the outstanding balance of the Line; or, in the case of repayment, the minimum payment required to meet a margin call is an amount sufficient, in Lender's sole and absolute discretion, to reduce the outstanding balance of the Line to an amount equal to or, if required by Lender, less than the Margin Value of the Investment Account. FAILURE TO MEET MARGIN CALLS AND COLLATERAL LIQUIDATIONS In addition to any of its other rights or remedies, Lender may liquidate positions in the Investment Account and apply the proceeds thereof to pay down the Line for any of the following reasons: (i) if Borrower and/or Pledgor falls to meet any margin call; (ii) if Borrower and/or Pledgor indicates to Lender that such person does not intend to immediately meet a margin call; or (iii) any other circumstance which in the Lender's sole opinion warrants such action, including but not limited to changes in the price, trading volume, marginability, or negotiability of any securities in the Investment Account, with or without notice. Lender may also direct Fiduciary to cease executing trade instructions issued by the Borrower and/or Pledgor so long as any margin call is outstanding. Notwithstanding anything contained herein to the contrary, Pledgor acknowledges that, in the event the Margin Value of the Account falls below the outstanding balance of the Line, Lender is not obligated to give Borrower and/or Pledgor any notice, allow Borrower and/or Pledgor time in which to deposit additional Eligible Collateral or pay down the Line, or otherwise make a request for additional Eligible Collateral, or repayment of the Line. In such event, Lender shall have the right in its sole discretion to sell securities and other property held in the Investment Account, to cancel open orders, to close open option positions, and to take any other action which Lender deems necessary or desirable for its protection. Any such sale or cancellation may occur without notice or advertisement or demand (Pledgor hereby expressly waiving any right to require such notice or Publication, except as is required by applicable statute and cannot be waived) at any time or times, on any recognized exchange or market, or at any private sale conducted at the option of Lender, and Lender may be the purchaser for its own account, free from right of redemption. Pledgor acknowledges that if Lender elects to give notice of any sale, cancellation, or demand for payment, on any one or more occasions, it is not precluded from taking the actions described in these paragraphs on any other occasion without giving notice, and that Lender is not bound to comply with the content of such notice, regardless of any reliance of Pledgor upon the same. DEFAULT A default under this Agreement shall be deemed to have occurred if Pledgor fails to perform or breaches any obligation, representation or warranty hereunder, or if any default or event of default or failure to remit funds or pledge additional collateral as demanded occurs with respect to Borrower or Pledgor under any Loan Document. REMEDIES Upon any breach or default under the Loan Documents, or upon demand for payment of the Obligations by Lender, or at any other time Lender deems it necessary or advisable for the protection of its interest in the Collateral, Lender may proceed to exercise any and all rights and remedies provided in the Loan Documents, or otherwise provided by law, including but not limited to the right to direct the Fiduciary to sell or otherwise liquidate all or any portion of the securities, instruments, deposits, accounts or other financial assets or property in the Investment Account and transfer any cash balance in the Investment Account to Lender, to transfer or direct the Fiduciary to transfer into Lender's own name, or into the name of its nominee, all or any part of the Collateral, to retain the Collateral for its own account, to sell all or any part of the Collateral, and to receive all interest income, dividends and other distributions upon the Collateral, and otherwise exercise all of the rights and privileges of ownership of the Collateral. All dividends, cash proceeds or other distributions received by Lender in respect of any sale, collection or other enforcement or disposition of Collateral shall be applied against Obligations in such order as Lender shall elect. Lender may exercise its rights with respect to Collateral without regard to the existence of any other security or source of payment for Obligations, and may demand, sue for collection or make any other compromise or settlement it deems desirable with reference to Collateral. In addition to other rights and remedies provided for herein or otherwise available to it, Lender shall have all of the rights and remedies ora secured party under the Uniform Commercial Code. Pledgor waives all suretyship defenses at law and in equity, including waste and impairment of Collateral and notices of sale, except such notices as are required by applicable statute and cannot be waived, and further waives the equity of redemption and the requirement of any notice, demand and presentment. TERM This Agreement shall continue in effect for so long as any of the Obligations remain unpaid or any capacity to borrow pursuant to the Note remains available to Borrower. Termination of the Fiduciary Agreement shall not terminate or otherwise impair this Agreement or the security interest granted hereunder. Lender may terminate this Agreement and release the Collateral (delivering the Collateral to any Pledgor, if more than one), or may accept substitute Collateral, at any time or times in its sole discretion. ASSIGNMENT The rights and privileges of Lender shall inure to the benefit of its successors and assigns, and the duties and obligations of Pledgor shall bind Pledgnr's heirs, personal representatives and successors. Any Pledgor who co-signs this Agreement but does not sign the Note is co- signing this Agreement only to pledge that Pledgor's interest in the Collateral under the terms of this Agreement and to secure the obligations of any Borrower who signs the Note; is not personally obligated to pay the Obligations; acknowledges the adequacy of consideration for its pledge; and agrees that Lender and any other Borrower or Pledgor may agree to extend, modify, forbear or make any accommodations with regard to the terms of the Loan Documents without Pledgor's consent. Pledgor cannot assign this Agreement or Pledgor's rights or obligations hereunder. WAIVER; AMENDMENT Lender may waive, release, or modify its right to proceed against any Pledgor or any of the Collateral pledged by any Pledgor, without releasing, waiving or affecting its rights to proceed against any other Pledgor or any other Collateral pledged by any Pledgor. No course of dealing or failure by Lender to exercise, no delay by Lender in exercising, and no single or partial exercise of any right, remedy or power hereunder or under any other agreement relating to the Obligations or to Collateral shall operate as a waiver thereof, or of any other right, remedy or power at any time. No amendment, modification or waiver of any provision of this Agreement shall be effective unless contained in a writing signed by Lender. Any such waiver or consent shall be effective only in the specific instance and for the specific purpose for which it is given. SEVERABILITY If any provision of this Agreement is deemed to be in conflict with applicable law, it will be considered to be modified to comply with the law, or, if not able to be so modified, such provision will be deemed to be deleted from this Agreement. Notwithstanding any such modification or deletion, the remaining provisions will remain valid and enforceable. EXERCISE OF RIGHTS No discretionary right, remedy or power granted to Lender in any part of this Agreement shall be deemed to impose any obligation on Lender other than the obligations specifically stated herein. The rights, remedies and powers of Lender, not only hereunder, but also under the Note and any promissory note or notes, of Pledgor held by Lender, any other agreements of Pledgor with Lender and applicable law, are cumulative and may be exercised successively, concurrently or alternatively. It is not intended that the provisions of this Agreement revoke, limit or diminish in any manner or degree whatsoever Lender's rights in and to all Collateral covered hereby, either arising or existing by operation of law or heretofore or hereafter granted to Lender by Pledgor. INFORMATION Pledgor agrees that Fiduciary may share information about the Collateral with Lender and Lender may share information relating to the status and handling of the Line and such other information as is permitted by law with Lender's parents, affiliates and subsidiaries. NOTICES All notices, demands or other communications required to be sent hereunder, or by applicable law, shall be in writing and shall be effective when sent to Pledgor at Pledgor's Address of Record set forth below or to Lender, as applicable; provided that all notices and other communications from Pledgor to Lender shall be deemed effective when actually received by Lender at: Mellon Bank, N.A., Two Mellon Center, Room 152-0380, Pittsburgh, PA 15259. Pledgor shall notify Lender of any change in Pledgor's Address of Record. At its option, Lender may change Pledgor's Address of Record to the forwarding address of Pledgor reported to Lender by the U.S. Postal Service. ENTIRE AGREEMENT The terms and conditions of the Loan Documents constitute the entire agreement of the parties, and supersede all prior agreements and understandings, both written and oral, of the parties thereto with respect to the subject matter thereof, including without limit any facility or commitment letter issued by Lender to the Borrower. REPRODUCTIONS; COUNTERPARTS; CAPTIONS Photographic or other reproductions of the Loan Documents shall be admissible in evidence in any judicial or administrative proceeding, with the same effect as the original itself, whether or not the original is in existence. This Agreement may be executed in two or more counterparts, each of which when so executed shall be deemed an original and together shall constitute one and the same instrument. The captions in this Agreement have been included for reference only and shall not define or limit the provisions hereof. GOVERNING LAW This Agreement shall be governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania, except to the extent that the perfection of the security interest granted hereby in respect of any item of Collateral may be governed by the law of another jurisdiction. Unless otherwise defined herein, all words and terms used in this Agreement shall have the meaning provided in the Pennsylvania Uniform Commercial Code, as enacted in such state from time to time. RESOLUTION OF CONFLICTS IF LENDER IS ALSO FIDUCIARY Pledgor acknowledges that if a loan or extension of credit is obtained from Lender, and such obligation is collaterally secured by assets of the Investment Account, there may arise a conflict between Lender's obligations as Fiduciary under the Fiduciary Agreement and Lender's rights as Lender if Lender and Fiduciary are the same entity or affiliated entities. In such event, Pledgor expressly agrees that Lender's rights as Lender shall take precedence over Lender's obligations as Fiduciary. By signing below, Pledgor agrees to the terms hereof, intending to be legally bound hereby, as of the date set forth above. RUTH E. ENGLE REVOCABLE TRUST DATED AUGUST 28, 1995 By: , Ruth E. Engle, Trustor PLEDGOR'S ADDRESS OF RECORD: Name: Ruth E. Engle Revocable Trust dated August 28, 1995 Street: MPWM, 204 N. George Street, Ste. 290 City: York State: PA Zip: 17401 FIDUCIARY ACCEPTANCE AND CONTROL AGREEMENT: The Fiduciary under the Fiduciary Agreement identified in the above Pledge Agreement, hereby accepts notice of the abOve Pledge Agreement and agrees to be bound hereby. Fiduciary will comply with entitlement orders originated by Lender concerning the Collateral without further consent of Pledgor or any other person. Fiduciary will not agree with any third party that Fiduciary will comply with entitlement orders concerning the Collateral without the prior written consent of Lender. Fiduciary further agrees and acknowledges that, for purposes of perfection of the security interests granted by the above Pledge Agreement, it has been appointed by Pledgor as agent of the Lender for purposes of acting for and on behalf of Lender and maintaining possession of the assets constituting the Collateral for and on behalf of Lender as a secured party; and further, agrees to cause its records to reflect the assignment of the Collateral and shall notify, as directed by Pledgor or Lender, any other third parties of the security interests of Lender in the Collateral. Fiduciary: Mellon Bank, N.A. Title: /:rif/0 Date: ?C-0003 Rev. (12/01) LiC. 12/01 PC 12/01 SEP ~)4 2003 16:14 FR MELLON HARRISBURG Dept: PRIVATE WEALTH MANAGEMENT 9199304326 TO 92361816 Addr: HARRISBURG, PA P,01/03 )MELLON FINANCIAL CORP FAX Confidential Date: 9/24/03 Number of pages Includin8 cover sheet:. 2 To: Lisa Knode Phone 236.$226 Fax: 236-1816 .... IIIIIII I I II I ..... IIIII II From: WILLIAM T. SPAHR, IlL Phone: (717) 730-4330 Fax: (717) 730-4326 E-mail: spahr.wt~mellon.com /11 Illlll II I REMARK~ Urgent X For your review Reply ASAP Please comment RE: Harold & Ruth Engle. See attached payment record for the home equity loan # 040708-843 in their joint names. The full payoff figure was $72t018.91. The information contained in this e-mail/fax may be confidential and is intended solely for the use of the named addressee. Acoess, copying or re-use of the e-mail/fax or any Information contained therein by any other person is not authorized, ff you am not the Intended recipient please notify us immediately by returning the e-mail/fax to the originator. SEP 24 2003 16:14 FR MELLON HARRISBURG a~dA~I 040708-845 ~".?~FF DATE TRN CD~ i0/0i/2002 5200 i0/2i/2002 6220 10/23/2002 6220 11/04/2002 5200 11/07/2002 6220 11/26/2002 6220 12/03/2002 5200 01/03/2003 5200 01/23/2003 6220 01/24/2003 5200 01/28/2003 6220 02/27/2003 6120 03/04/2003 5200 03/05/2003 5200 7177304326 TO 92361816 AMOUNT SERIAL ST OVR DTE $io58o,oo o oo/oo/oooo $26000.00 0 00/00/0000 $6500.00 0 00/00/0000 $5138.83 0 00/00/0000 ~sooo.oo o oo/oo/oooo $25000.00 0 00/00/0000 $2228.78 0 00/00/0000 $15311.59 0 00/00/0000 $3000.00 o oo/oo/oooo $6301.63 0 00/00/0000 $3ooo.oo o oo/oo/oooo  ooo/ootoooo ooo/oo/oooo ooo/oo/oooo BANK 0275 POST DTE io/oi/2oo2 10/22/2002 io/~4/2oo2 il/o4/2oo2 ii/os/2oo2 il/27/2oo2 12/03/2002 01/03/2003 0i/24/2003 01/29/2003 02/28/2003 03/04/2003 03/05/2003 P. 02/03 DES(,~IPTION PAY~[ENT P~IO]~[E/ELECTR BORROW PHONE/ELECTR BORROW PAYMENT PHO]~[E/ELECTR SORROW PHON~./ELECTR BORROW PAYmeNT PAYN.~.NT PHOS~/ELECTR BORROW PAY~.~NT PHOI~[E/ELECTR BORROW OVEI~RAFT ADVANCE PAYI~.IENT SEP 24 200J 16:15 FR MELLON HARRISBURG ," ~LCABD 040708-843 BANK. 0275 OFF. 00389 CUSTOMER NAME ..... J HAROLD ENGLE 7177304326 TO 92361816 P.03/03 PROD CDE. 05-~ ENGLEJH. 01 09/22 LINE AMT ............ 0.00 PAYOFF AMT .......... 0 . 00 AC-~ OUT RAL ......... 0.00 CUR AMT LST ........ 91.49 CALC PYMT ........... 0.00 TOT AMT DU~ ......... 0.00 RESERV AVL ........ FROZEN LATE CHRIS ANC ...... 0.00 FREEZE CDE DTE..03/10/03 FREEZE CODE ....... CONVERTED TO METAVANTE SAT PAYOFF .......... 0.00 NXT PYMTAMT ........ 0.00 UNQ PYMTAMT ........ 0.00 ANN FEES ANC ........ 0.00 INT EC YTD ........ 533.92 MARGIN ERR ............. 0 HIGH BAL ............ 0.00 T~P ~OLD$ .......... 0.00 INT PD CTD .......... 0.00 LST PYMT DTE .... 03/05/03 BROKER NUMBER ........ 000 BROKER FEE ......... 00.00 ADDITIONAL BOHROWZN~T.. AGG INT ENC ......... 0.00 NOT INS (I) .......... 0.00 INS ZNC(i) .......... O. O0 INS PD CTD(1) .......0.00 ACq} INS DAILY .......0.00 INT PD YTD ...... i,032.i3 LST MON DTE ..... 03/05/03 INT IMP YTD ...... 566.22 AGG INT Y~ ....... 533.92 NOT ZNS (2) .......... 0.00 INS ZinC (2; .......... 0.00 INS PD CTD (2) ....... 0.0 0 AGG INT DAILY .... 0.00000 REVIEW DTE ......06/23/03 LST RECL BAL ........ 0.00 PRIN PD YTD .... 92,600.00 F2=CALC PYMT TOTAL PAGE. 03 ~ BUREAU OF ZNDZVZDUAL TAXES ZNHER/TANCE TAX DTVZSTON DEPT. 180601 HARRZSBURG, PA 17118-0601 COHHONWEALTH OF PENNSYLVANZA BEPARTHENT OF REVENUE NOTZCE OF ZNHERITANCE TAX APPRA/SEMENT, ALLOHANCE OR D/SALLOHANCE OF DEDUCTZONS AND ASSESSMENT OF TAX JEFFREY A ERNICO ESQ HETTE ETAL PO BOX 5950 HBG PA 17110 RE¥-1547 EX &FP (01-05) DATE 12-15-2005 ESTATE OF ENGLE RUTH E DATE OF DEATH 01-13-2005 F/LE NUHBER 21 03-0067 COUNTY CUNBERLAND ACN 101 Amoun~ Remitted HAKE CHECK PAYABLE AND REHZT PAYHENT TO: REGISTER OF WILLS CUMBERLAND CD COURT HOUSE CARLISLE, PA 17015 CUT ALONG THTS LZNE ~ RETAZN LOWER PORTZON FOR YOUR RECORDS ~ REV-1547 EX AFP (01-03) NOTZCE OF ZNHERTTANCE TAX APPRAZSEHENT, ALLOWANCE OR DZSALLOWANCE OF DEDUCTZONS AND ASSESSHENT OF TAX ESTATE OF ENGLE RUTH E FZLE NO. 21 03-0067 ACN 101 DATE 12-15-2003 TAX RETURN HAS: (X) ACCEPTED AS F/LED ( ) CHANGED RESERVATZON COHCERNZNG FUTURE ZNTEREST - SEE REVERSF APPRAZSED VALUE OF RETURN BASED ON: ORIGINAL RETURN 1. Real Estate (Schedule A) (1) 2. S~ocks and Bonds (Schedule B) 3. Closely Hald Stock/Partnership Znterest (Schedule C) q. Mortgages/Notes Receivable (Schedule D) 5. Cash/Bank Deposits/Misc. Personal Property (Schedule E) 6. Jointly Owned Property (Schedule F) (6) 7. Transfers (Schedule g) (7) 8. Total Assets APPROVED DEDUCTZONS AND EXEMPTZONS: 9. Funeral Expenses/Adm. Costs/Misc. Expenses (Schedule H) (9) 10. Debts/Mortgage Liabilities/Liens (Schedule 1) (10) 11. To'al Deductions 230;960.30 .00 qq~q81.q6 .00 .00 NOTE: To insure'proper credi~ to your account, subm/t the upper portion .00 of this form with your ~ax payment. 889~179.52 (8) 1,16q,621.28 qZ,OOZ.33 12. 13. lq. NOTE: 1361q17.3q (11) Nat Value of Tax Return (12) Char/table/Governmental Bequests; Non-elected 9115 Trusts (Schedule J) (1:5) Net Value of Estate Sub.~ec* to Tax (lq) Zf an assess;ent ~as issued previously, lines 14, 15 and/or 16, 17, 178.419.67 986,201.61 reflect figures that include the total of ALL returns assessed to date. ASSESSHENT OF TAX: 15. Amount of Line lq at Spousal rate 16. Amount of L/ne lq taxable at Lineal/Class A rate 17. Amount of Line lq at S/bling rate 18. Amount of Line lq taxable at Collateral/Class B ra~e 19. Principal Tax Due TAX CREDZTS: PAYMENT RECEIPT DT$COUNT (+) DATE NUMBER [NTEREST/PEN PA'rD (-) 0q-05-2003 CD002397 9(*7.37 10-1q-2005 CD003118 . O0 ZF PAZD AFTER DATE ZNDZCATED, SEE REVERSE FOR CALCULATZON OF ADDITZONAL ZNTEREST. .00 986,201.61 21,111.00.80 I .30 .30 TF TOTAL DUE TS LESS THAN $1, NO PAYMENT TS REI~UZRED. TF TOTAL DUE TS REFLECTED AS A 'CREDTT' (CR), YOU MAY BE DUE REFUND. SEE REVERSE STDE OF THTS FORM FOR TNSTRUCT/ONS.) TOTAL TAX CREDZT BALANCE OF TAX DUE ZNTEREST AND PEN. TOTAL DUE 18,000.00 2,16q.q3 AMOUNT pA'rD (1s) 517,050.q3 x O0 = .00 (16) q69,151.18 x Oq5 = 21,111.80 (17) .00 X 12 = .00 (18) .00 X 15 = .00 (19)= 21,111.80 18 and 19 will RESERVATION: Estates of decedents dying on er before December II, [982 -- if any future interest in the estate is transferred in possession or enjoyment to Class B (collateral) beneficiaries of the decedent after the expiration of any estate for [ifa or for years, the Commonwealth hereby expressly reserves the right to appraise end assess transfer Inheritance Taxes at the lawful Class B (collateral) rate on any such futura interest. PURPOSE OF NOTICE: PAYNENT: REFUND (CR): OBJECTIONS: ADNIN- ISTRATIVE CORRECTIONS: DISCOUNT: PENALTY: INTEREST: To ~ulfi11 the requirements of Section 21¢0 of the Inheritance and Estate Tax Act, Act 23 of 2000. (72 P.S. Section Detach the top portion of this Notice and submit ,ith your payment to the Register of Hills printed on the reverse side. --Hake check ar money order payable to: REGISTER OF #ILLS, AGENT A refund of a tax credit, wh[ch was not requested on the Tax Return, may be requested by completing an "Application for Refund of Pennsylvania Inheritance and Estate Tax" (REV-1513). Applications are available at the Office of the Register of Hills, any of the Z3 Revenue District Offices, or by calling the special lC-hour answering service for fores ordering: 1-800-36Z-Z050; services for taxpayers with special hearing and / or speaking needs: 1-800-¢47-3020 (TT only). Any party in interest not satisfied with the appraisement, allowance, or disallowance of deductions, or assessment of tax (including discount or interest) as sheen on this Notice must object within sixty (60) days of receipt of this Notice by: --eritten protest to the PA Department of Revenue, Doard of Appeals, Dept. Z810Z1, Harrisburg, PA 17[ZB-lOZ1, OR --election to have the matter determined at audit of the account of the personal representative, OR --appeal to the Orphans' Court. Factual errors discovered on this assessment should be addressed in writing to: PA Department of Revenue, Bureau of Individual Taxes, ATTN: Post Assessment Review Unit, Dept. 26060[, Harrisburg, PA 171Z8-0601 Phone (717) 767-6505. See page 5 of the booklet "Instructions for Inheritance Tax Return for a Resident Decedent" (REV-1SO1) for an explanation of administratively correctable errors. If any tax due is paid within three (3) calendar months after the decadent's death, a five percent (SI) discount of the tax paid is allowed. The 1SI tax amnesty non-participation penalty is computed on the total of the tax and interest assessed, end not paid before January 18, 1996, the first day after the end of the tax amnesty period. This non-participation penalty is appealable in the same manner and in the the same time period as you would appeal the tax and interest that has been assessed as indicated on this notice. Interest is charged beginning with first day of delinquency, or nine (9) months and one (1) day from the date of death, to the date of payment. Taxes which became delinquent before January l, 198Z bear interest at the rata of six (67.) percent par annum calculated at a daily rate of .000164. All taxes which became delinquent on and after January l, 1962 will bear interest at a rate which will vary from calendar year to calendar year with that rate announced by the PA Daparteant of Revenue. The applicable interest rates for 19BI through ZOO3 are: Interest Daily Interest Daily Interest Daily Year Rate Factor Yaa__r Rate Factor Yea__r Rate Factor 198Z ZOZ .0005¢8 1967 9X .000Z47 1999 7Z .00019Z 1983 1BI .000¢38 1988-1991 llZ .000301 ZOO0 8Z .O00Z19 1984 IIX .000301 199Z 9Z .0002¢7 ZOO1 9Z .0002¢7 1985 I3Z .000356 1993-199¢ 7Z .000192 ZOO2 67. .00016¢ 1986 ZOZ .000Z74 1995-1998 9Z .000Z¢7 ZOO3 5Z .000137 --Interest is calculated as follows: INTEREST = BALANCE OF TAX UNPAID X NUHBER OF DAYS DELZNI~UENT X DALLY INTEREST FACTOR --Any Notice issued after the tax becomes delinquent will reflect an interest calculation to fifteen (15) days beyond the date of the assessment. If payment is made after the interest computation date shown an the Notice, additional interest must be calculated. BUREAU OF INDIVIDUAL TAXES ZNHER/TANCE TAX DIVISION DEPT. Z80601 HARRISBURG, PA 171Z8-0601 JEFFREY A ERNICO ESQ ' HETTE ETAL PO BOX 5950 HBG PA 17110 CONHONWEALTH OF PENNSYLVANIA DEPARTNENT OF REVENUE NOT*rCE OF DETERN*rNAT*rON AND ASSESSNENT OF PENNSYLVAN*rA ESTATE TAX BASED ON FEDERAL ESTATE TAX RETURN DATE 1Z-15-Z003 ESTATE OF ENGLE DATE OF DEATH 01-15-2005 F*rLE NUHBER 21 03-0067 COUNTY CUHBERLAND ACN 201 Amoun~ Remi tted REV-~SS EX AFP COl-OS) RUTH E HAKE CHECK PAYABLE AND REM*rT PAYHENT TO: REGISTER OF WILLS CUMBERLAND CO COURT HOUSE CARLISLE, PA 17015 NOTE: To insure proper credit to your account, submit the upper portion of this fore with your tax payment. CUT ALONG TH*rS L'rNE ~* RETAIN LOWER PORT*rON FOR YOUR FILES ~ REV-483 EX AFP (01-03) ~ NOT'rCE OF DETERH*rNAT'rON AND ASSESSMENT OF PENNSYLVAN*rA ESTATE TAX BASED ON FEDERAL ESTATE TAX RETURN #. ESTATE OF ENGLE RUTH E FILE N0.21 03-0067 ACN 201 DATE 12-15-2003 ESTATE TAX DETERHZNATZON 1. Credit For State Death Taxes as Verified Z. Pennsylvania Inheritance Tax Assessed (Excluding Discount and/or Interest) 20/16q.q$ 31~5q8.57 Inheritance Tax Assessed by Other States or Territories of the Un/ted States (Excluding Discount and/or Interest) .0O 5. TAX Total Inher/tance Tax Assessed Pennsylvania Estate Tax Due CREDITS: PAYMENT RECEIPT DISCOUNT (+) DATE NUMBER INTEREST/PEN PAID (-) AMOUNT PAID INTEREST IS CHARGED THROUGH 12-25-2003 AT THE RATES APPLICABLE AS OUTLINED ON THE REVERSE SIDE OF THIS FORM.m aZF PAID AFTER THIS DATE, SEE REVERSE SIDE FOR CALCULATION OF ADDITIONAL INTEREST. 20/16q.q3 TOTAL TAX CREDIT I .00 BALANCE OF TAX DUE[ ll,38q.lq INi~EST AND PEN. [ 110.73 TOTAL DUE I 11,q9q.87 (IF TOTAL DUE IS LESS THAN $1, NO PAYMENT IS REQUIRED ZF TOTAL DUE IS REFLECTED AS A "CREDIT" (CR), YOU MAY BE DUE A REFUND. SEE REVERSE SIDE OF THIS FORM FOR INSTRUCTIONS.) PURPOSE OF NOTICE: PAYMENT: To fulfill the requirements of Section II40 (b) of the Inheritance and Estate Tax Act, Act g3 of ZOO0. (72 P.S. Section 91qO). Detach the top portion of this Notice and submit .ith your payment to the Register of Nills printed on the reverse side. -- Make check or money order payable to: REGISTER OF HILLS, AGENT. REFUND OCR): A refund of a tax credit may be requested by completing an "Application for Refund of Pennsylvania Inheritance and Estate Tax" (REV-131S). Applications ara available at the Office of the Register of Nills, any of the Z3 Revenue District Offices or from the Department's gq-hour answering service for forms ordering: 1-800-S6Z-ZOSO; services for taxpayers with special hearing and / or speaking needs: 1-800-qqT-SOZO (TT only). OBJECTIONS: Any party in interest not satisfied with the assessment of tax as shown on this notice may object within sixty (60) days of receipt of this Notice by: --written protest to the PA Department of Revenue, Board of Appeals, Dept. gDlOgl, Harrisburg, PA 17IlS-lOll, --electing to have the matter determined at audit of the personal representative, OR --appeal to the Orphans' Court. ADMIN- ISTRATIVE CORRECTIONS: Factual errors discovered on this assessment should be addressed in ~riting to: PA Department of Revenue, Bureau of Individual Taxes, ATTN: Post Assessment Reviaa Unit, Dept. ZB0601, Harrisburg, PA 171Z6-0601, Phone (717) 767-6505. Sea page 5 of the booklet "Instructions for Inheritance Tax Return for a Resident Decedent" (REV-1501) for an explanation of administratively correctable errors. OR PENALTY: INTEREST: The ISZ tax amnesty non-participation penalty is computed on the total of the tax and interest assessed, and not paid before January 18, 1996, the first day after the end of the tax amnesty period. This non-participation penalty is appealable in the same manner and in the the same time period as you ~ouZd appea! the tax and interest that has been assessed as indicated on this notice. For dates of death on or after 10-3-9l, Pennsylvania Estate Tax based on the Federal Estate Tax return becomes delinquent at the expiration of nine (09) months free the date of death. For dates of death prior to lO-S-gl, Pennsylvania Estate Tax based on the Federal Estate Tax return becomes delinquent at the expiration of eighteen (18) months from the date of death. Taxes ~hich became delinquent before January l, 198Z bear interest at the rate of six (6X) percent per annum calculated at a daily rate of .00016q. Ali taxes Nhich became delinquent on or after January l, 198Z wil! bear interest at a rate ~hich will vary from calendar year to calendar year with that rate announced by the PA Department of Revenue. The applicable interest rates for 198g through gOOS are: Interest Daily Interest Daily Interest Daily Yea~ Rate Factor Yaa._..r Rate Factor Yea.~r Rate Factor. 1982 ZOX .000548 1987 9X .O00Zq7 1999 7Z .OOOlgZ 1983 162 .OOOq38 1988-1991 llX .O00SO1 ZOO0 OX .O00Z19 198q llX .O00SO1 1992 92 .O002q7 ZOOl 92 .O00Zq7 1985 122 .000356 199S-199q 72 .O0019Z ZOOZ 62 .OOOl6q 1986 102 .O00Z7q 1995-1998 92 .O00gq7 gOOS 5Z .000137 --Interest is calculated as follows: INTEREST = BALANCE OF TAX UNPAID X NUHBER OF DAYS DELTNQUENT X DAILY INTEREST FACTOR --Any Notice issued after the tax becomes delinquent will reflect an interest calculation to fifteen (1S) days beyond the date of the assessment. If payment is made after the interest computation date shown on the Notice, additional interest must be calculated. REV-1470 EX (6-88) COMMONWEALTH OF PENNSYLVANIA EXPLANATION DEPARTMENT OF REVENUE BUREAU OF INDIVIDUAL TAXES OF CHANGES DEPT. 280601 HARRISBURG~ PA 17128-0601 DECEDEN'FS NAME Engle, Ruth E. FILE NUMBER REVIEVVED BY 2103-0067 Department of Revenue ^CN 201 ITEM SCHEDULE NO. EXPLANATION OF CHANGES The maximum "State Death Tax Credit' has been recalculated according to the revisions to the Pennsylvania Estate Tax as revised by ACT 89 of 2002. This revision is effective for decedents dying on or after July 1, 2002. ROW Page 1 PLEASE FILE THIS REPORT WITHIN TWO YEARS OF DATE OF DEATH REGARDLESS OF THE STATUS OF THE ESTATE. IF THE ESTATE IS NOT COMPLETED, FILE A 6.12 FORM YEARLY UNTIL COMPLETION. STATUS REPORT UNDER RULE 6.12 Name of Decedent: Ruth E. Engle Date of Death: January. 13, 2003 Will No. 2003-00067 Admin. No. 21-03-0067 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. State whether administration of the estate is complete: Yes [] No [--] 2. If the answer is No, state when the personal representative reasonably believes that the administration will be complete: _. 3. If the answer to No. I is Yes, state the following: a. Did the personal representative file a final account with the Court? Yes [--] No [] 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 [] No [--] 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: -/~/"//h'~/ ~ Jeffrey A. Ernico, Esquire, I.D. #07981 Name (Please type or print) 3401 North Front Street, P.O. Box 5950 Address Harrisburg, PA 17110-0950 (717) 232-5000 Telephone Capacity: [] Personal Representative [] Counsel for Personal Representative 399687vl BUREAU OF INDIVIDUAL TAXES INHERITANCE TAX DIVISION DEPT. 280601 HARRISBURG, PA 171Z8-0601 JEFFREY A ERNZCO ESQ METTE ETAL PO BOX 5950 HBG PA 17110 COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF REVENUE NOTICE OF DETERMINATION AND ASSESSMENT OF PENNSYLVANIA ESTATE TAX BASED ON FEDERAL CLOSING LETTER DATE 06-14-Z004 ESTATE OF ENGLE DATE OF DEATH 01-15-2005 FILE NUMBER 21 05-0067 COUNTY CUMBERLAND ACN 20Z Amount REV-TS6 EX AFP (01-02) RUTH E MAKE CMECK PAYABLE AND REMIT PAYMENT TO: REGISTER OF WILLS CUMBERLAND CO COURT HOUSE CARLISLE, PA 17015 NOTE: To insure proper credit to your account, submit the upper portion of this form w/th your tax payment. CUT ALONG TH'rS L'rNE ~.* RETAIN LOWER PORTION FOR YOUR FILES "~ REV-736 EX AFP (01-02) ~ NOTICE OF DETERMINATION AND ASSESSMENT OF PENNSYLVANIA ESTATE TAX BASED ON FEDERAL CLOSING LETTER ~ ESTATE OF ENGLE RUTH E FILE N0.21 03-0067 ACN 202 DATE 06-14-2004 ESTATE TAX DETERHZNATTON .00 1. Credit For State Death Taxes as Verified Pennsylvan/a Inher/tance Tax Assessed (Exclud/ng D/scount and/or Interest) Inher/tance Tax Assessed by Other States or Terr/tor/es of the Un/ted States (Excluding D/scount and/or Interest) Total Inher/tance Tax Assessed Pennsylvan/a Estate Tax Due 20,164.43 .00 20~164.45 .00 6 o Amount of Pennsylvan/a Estate Tax Prev/ously Assessed Based on Federal Estate Tax Return 7. Add/tional Pennsylvan/a Estate Tax Due .00 .00 TAX CREDITS: PAYMENT RECEIPT DATE NUMBER DISCOUNT (+) AMOUNT PAID INTEREST/PEN PAID (-) TOTAL TAX CREDIT BALANCE OF TAX DUE INTEREST AND PEN. TOTAL DUE ~TF PAID AFTER THIS DATE, SEE REVERSE S/DE (IF TOTAL DUE ZS LESS THAN $1, NO PAYHENT ZS REi~UZRED FOR CALCULATION OF ADDITIONAL INTEREST. ZF TOTAL DUE ZS REFLECTED AS A "CREDIT" (CR), YOU HAY BE DUE A REFUND. SEE REVERSE S/DE OF THIS FORH FOR INSTRUCTIONS. .00 .00 .00 .00 PURPOSE OF NOTICE: PAYMENT: REFUND (CR): OBJECTIONS: ADMIN- ISTRATIVE CORRECTIONS: PENALTY: INTEREST: To fulfill the requirements of Section ZlqO of the Inheritance and Estate Tax Act, Act Z$ of 2000. (72 P.S. Section 9160). Detach the top portion of thls Notice and submit with your payment to the Register of Hills printed on the reverse side. -- Hake check or money order payable to: REGISTER OF HILLS, AGENT. A refund of a tax credit may be requested by completing an "Application for Refund of Pennsylvania Inheritance and Estate Tax" (REV-131~). Applications are available at the Office of the Register of Rills, any of the 25 Revenue District Offices or from the Department's Zq-hour answering service for forms ordering: 1-800-$62-Z050; services for taxpayers with special hearing and/or speaking needs: 1-800-qq7-3020 (TT only)o Any party in interest not satisfied with the assessment of tax as shown on this notice may object within sixty (60) days of receipt of this Notice by: --written protest to the PA Department of Revenue, Board of Appeals, Dept. 281021, Harrisburg, PA 17128-1021, --electing to have the setter determined at audit of the personal representative, OR --appeal to the Orphans' Court OR Factual errors discovered on this assessment should be addressed in writing to: PA Department of Revenue, Bureau of /ndividual Taxes, ATTN: Post Assessment Review Unit, Dept. 280601, Harrisburg, PA 17128-0601, Phone (717) 787-6505. Sea page 5 of the booklet "Instructions for Inheritance Tax Return for a Resident Decedent" (REV-1501) for an explanation of administratively correctable errors. The 15X tax amnesty non-participation penalty is computed on the total of the tax and interest assessed, and not paid before January 18, 1996, the first day after the end of the tax amnesty period. This non-participation penalty is appealable in the same manner and in the the same time period as you mould appeal the tax and interest that has been assessed as indicated an this notice. Additional Pennsylvania Estate Tax assessed as a result of a change on the Federal Estate Tax closing letter becomes delinquent at the expiration of one [1) month from the date the final notice of the increase in Federal Estate Tax is received. Taxes which became delinquent before January 1, 1982 bear interest at the rate of six (6Z) percent per annum calculated at a daily rate of .000164. All taxes which became delinquent on or after January 1, 196Z will bear interest at a rate which mill vary from calendar year to calendar year with that rate announced by the PA Department of Revenue. The applicable interest rates for 1982 through 200q ara: Interest Daily Interest Daily Interest Daily Year Rate Factor Year Rate Factor Yea___r Rate Factor 1982 ZOZ .000548 1988-1991 llX .000301 2001 92 .000247 1983 16Z .000438 1992 92 .000247 ZOOZ 62 .000164 1984 11Z .000301 1993-1994 7Z ,000192 2003 52 .000137 1985 132 .000~56 1995-1998 92 .000247 2004 42 .000110 1986 lOX .O00Z7q 1999 72 .OOOl9Z 1967 9Z .O00Zq7 ZOO0 82 .000219 --Interest is calculated as follows: INTEREST = BALANCE OF TAX UNPAID X NUNBER OF DAYS DELINQUENT X DAILY INTEREST FACTOR --Any Notice issued after the tax becomes delinquent will reflect an interest calculation to fifteen (15) days beyond the date of the assessment. If payment is made after the interest computation date shown on the Notice~ additional interest must be calculated.