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HomeMy WebLinkAbout01-23-09 5056041158 REV-1500 EX (06-05) OFFICIAL USE ONLY PA Department of Revenue County Code Year File Number Bureau of Individual Taxes 2 ], D 8 0 5 0 5 Po Box zaosol INHERITANCE TAX RETURN Harrisburg, PA 17128-0601 RESIDENT DECEDENT ENTER DECEDENT INFORMATION BELOW 04242D08 01151920 Decedent's Last Name Suffix Decedent's First Name M I WEBER MILTON R (If Applicable Enter Surviving Spouse's Information Below Spouse's Last Name Suffix Spouse's First Name M I WEBER PHYLLIS I Spouse's Social Security Number THIS RETURN MUST BE FILED IN DUPLICATE WITH THE REGISTER OF WILLS FILL IN APPROPRIATE BOXES BELOW 1. Original Return ^ 2. Supplemental Return ^ 3. Remainder Return (date of death prior to 12-13-82) ^ 4. Limited Estate ^ 4a. Future Interest Compromise (date of ^ 5. Federal Estate Tax Return Required death after 12-12-82) 6. Decedent Died Testate ^ 7. Decedent Maintained a Living Trust ~ 8. Total Number of Safe Deposit Boxes (Attach Copy of Will) ^ (Attach Copy of Trust) 9113(A) Sec d ^ 1 1 i t t 10. ^ 9. Litigation Proceeds Received . ax un er . Elect on o Spousal Poverty Credit (date of death between 12-31-91 and 1-1-95) (Attach Sch. O) CORRESPONDENT - THIS SECTION MUST BE COMPLETED. ALL CORRESPONDENCE AND CONFIDENTIAL TAX INFORMATION SHOULD BE DIRECTED TO: Name Daytime Telephone Number ~ t7 ~ RICHARD C• SNELBAKER 717-697-8~~~ ~ ~ 7 ~a Firm Name (If Applicable) REGISTER OFw[ ,_ TJSE O~ SNELBAKER 8 BRENNEMAN, P • C • r;,; c~ First line of address f ~' , ` ~ 44 WEST MAIN STREET ~~ :- Second line of address ~ ~ P•0• BOX 318 Clty Or POSt Office State ZIP Code DATE FILED MECHANICSBURG PA 17055 C;nrresoondent's a-mail address: :.x.; ` I ~_~ - ;= -, -_ -, `_i 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 on all information of which preparer has any knowledge. VPHYLL~S I • WEBER, EXECUTRIX 4 N • WASHINGTON STREET, echanicsbur PA SIGNAT P OTHER THAN REPRESENTATIVE DATE 17055 ~ z RD C SNELBAKER, ESQUIRE 44 W• MAIN STREET, MECHANICSBURG~ ~~ PLEASE USE ORIGINAL FORM ONLY 17055 15056041158 Side 1 6M4647 3.000 15056041158 15056042159 REV-1500 EX Decedent s Name{11 E B E R MILTON R RECAPITULATION 1. Real estate (Schedule A) 1 ~ 0 , 0 0 2. Stocks and Bonds (Schedule B) . 2. 8 O 8.7 3 3. Closely Held Corporation, Partnership or Sole-Proprietorship (Schedule C) • 3. 0 • 0 0 4. Mortgages & Notes Receivable (Schedule D). 4. 0 . 0 0 5. Cash, Bank Deposits & Miscellaneous Personal Property (Schedule E) . 5. 4 8 4 6 4 5 • 6 6 6. Jointly Owned Property (Schedule F) ~ Separate Billing Requested 6. Q . 0 0 7. Inter-Vivos Transfers & Miscellaneous Non-Probate Property (Schedule G) ~ Separate Billing Requested 7. 2 414 9 2 •7 ], S. Total Gross Assets (total Lines 1-7). 8. 7 2 6 9 4 7 • 10 9. Funeral Expenses & Administrative Costs (Schedule H) . 9. 16 6 6 8 • 7 6 10. Debts of Decedent, Mortgage Liabilities, & Liens (Schedule I). 10. 86 • 41 11. Total Deductions (total Lines 9 & 10) . 11. ], 6 7 5 5 • 17 12. Net Value of Estate (Line 8 minus Line 11) 12. 710 ]191 , 93 13. Charitable and Governmental Bequests/Sec 9113 Trusts for which an election to tax has not been made (Schedule J) . 13• 0 • 0 0 14. Net Value Subject to Tax (Line 12 minus Line 13) 14. TAX COMPUTATION -SEE INSTRUCTIONS FOR APPLICABLE RATES 15. Amount of Line 14 taxable at the spousal tax rate, or transfers under Sec. 9116 (a>(1.z> x .oIL 710191.9 3 15. 16. Amount of Line 14 taxable at lineal rate X .Oy-5 0 . 0 0 16. 17. Amount of Line 14 taxable at sibling rate X .12 0 • 0 0 17. 18. Amount of Line 14 taxable at collateral rate X .15 0 • 0 0 18. 19. TAX DUE 19. 20. FILL IN THE BOX IF YOU ARE REQUESTING A REFUND OF AN OVERPAYMENT Side 2 L IJl • 1J 0.00 0.00 0.00 0.00 o•oo 15056042159 smasas2.ooo 15056042159 REV-1500 EX Page 3 File Number 77 nII r1Cr1C UeCeQ@f1i5 liOfil fJl6lC Nuw Caa. - - - - DECEDENTS NAME WEBER MILTON R STREET ADDRESS CUMBERLAND COUNTY CITY STATE ZIP MECHANICSBURG Tax Payments and Credits: 1. Tax Due (Page 2 Line 19) 2. CreditslPayments A. Spousal Poverty Credit D • D D B. Prior Payments D ' D D C. Discount 0 ' 0 0 3. Interest/Penalty if applicable D. Interest D ' D 0 E. Penalty D ' D D (1) •OD Total Credits (A + B + C) (2) D ' D D Total Interest/Penalty (D + E) 4. If Line 2 is greater than Line 1 + Line 3, enter the difference. This is the OVERPAYMENT. Fill in box on Page 2, Line 20 to request a refund. 5. If Line 1 + Line 3 is greater than Line 2, enter the difference. This is the TAx DUE. A. Enter the interest on the tax due. (3) 0 • D 0 (4) D • DQ (5) 0.0 D (5A) D• B. Enter the total of Line 5 + 5A. This is the BALANCE DUE. (56) D • D D Make Check Payable to: REGISTEROFWILLS, 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. For dates of death on or after July 1, 1994 and before January 1, 1995, the tax rate imposed on the net value of transfers to or for the use of the surviving spouse is three (3) percent [72 P.S. §9116 (a) (1.1) (i)]. For dates of death on or after January 1, 1995, the tax rate imposed on the net value of transfers to or for the use of the surviving spouse is zero (0) percent [72 P.S. §9116 (a) (1.1) (ii)]. The statute does not exempt a transfer to a surviving spouse from tax, and the statutory requirements for disclosure of assets and filing a tax return are still applicable even if the surviving spouse is the only beneficiary. For dates of death on or after July 1, 2000: 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 use of a natural parent, an adoptive parent, or a stepparent of the child is zero (0) percent [72 P.S. §9116(a)(1.2)]. The tax rate imposed on the net value of transfers to or for the use of the decedent's lineal beneficiaries is four and one-half (4.5) percent, except as noted in 72 P.S. §9116(1.2) [72 P.S. ~9116(a)(1)]. The tax rate imposed on the net value of transfers to or for the use of the decedent's siblings is twelve (12) percent [72 P.S. §9116(a)(1.3)]. Asibling is defined, under Section 9102, as an individual who has at least one parent in common with the decedent, whether by blood or adoption. 6M4671 1.000 REV-1503 EX+ (FrsB) COMMONWEALTH OF PENNSYLVANIA INHERITANCE TAX RETURN RESIDENT DECEDENT ESTATE OF FILE NUMBER Milton R Weber 21 08 0505 All property jointly-owned with right of survivorship must be disclosed on Schedule F. VALUE AT DATE ITEM DESCRIPTION OF DEATH NUMBER 1.U.5. Savings Bonds 145.20 series EE with face value of $100.00. Bond #C136282848EE (see attached listing) 2 U.S. Savings Bonds 663.53 two series E bonds payable on death to surviving spouse as follows (see attached listing): 1. Bond #Q6213678060E $25.00 face value. Date of death value is $104.85 2. Bond #C2046280468E $100.00 face value, Date of death value $558.68 TOTAL (Also enter on line 2, Recapitulation) I $ 3wasss ~.ooo (If more space is needed, insert additional sheets of the same size) SCHEDULE B STOCKS & BONDS 808.73 -- - - - - - - ~_-ni~uiaic~i v cui.i~_ t~!. l UIIC !',11~C1~ :",~! ~ 111~r`~ LSQ11C1! S ~ ~afcufata~, F~p~uii~s f~a~ ~.~~p~~~tican t~at~ ~~~~(~~~ I'~iRe ~ ~,' , ~ $143.75 _ $808.73 $664.98 $2.84 ~OIlC~~F ~ -~~ Rai C136282848EE EE $100 04~/198i 10J2008 04/2017 $50.00 $95.20 4.00°io ~~.~rs.2C- 06213678060E E ~i~25 06j 1978 06/2008 06/:2008 $18.75 $86.10 4.00°ro ~IO~E.8~ ~ C20462804~68E E 5:1.00 09/1977 09/2007 $75.00 $483.68 ~SSS.~~ M>v, ! fo~aE~ fa~° ~ ~ar~cfs ~~.~~3.75 ~~f~€.9~ ~80~.~? 'I RIT fJot IGS~ied i ~ fVF_ Not eligible fog- payment FE'S Includes a n~~or~t i interest. penalty i i M~ Matured anti riot. earning interes~ _- Iltt~,:/,R~~V't~.TfC'a';~.lr~,'rl~i~'cf.~~t,V'!F3C.i ~Rt'I'riCe REV-1508 EX + (6-98) SCHEDULE E COMMONWEALTH OF PENNSYLVANIA CASH, BANK DEPOSITS, $r M~SCi. INHERITANCE TAX RETURN PERSONAL PROPERTY RESIDENT DECEDENT FILE NUMBER ESTATE OF Milton R Weber 21 OB 0505 Include the proceeds of litigation and the date the proceeds were received by the estate. All property jointlyowned with the right of survivorship must be disclosed on Schedule F. ITEM VALUE AT DATE OF DEATH NUMBER DESCRIPTION 1 PNC Investments 32,231.26 investment account #5094-0098 2 Morgan Stanley 451,614.40 investment account #410-015273-095. 3 Utility Trailer 800.00 484,645.66 3 W46AD 1.000 (If more space is needed, insert additional sheets of the same size) REV-1510 EX+ (6-98) COMMONWEALTH OF PENNSYLVANIA INHERITANCE TAX RETURN RESIDENT DECEDENT SCHEDULE G INTER-VIVOS TRANSFERS 8r, MISC. NON-PROBATE PROPERTY ESTATE OF rIIILt rvuma~rc Milton R Weber 21 08 0505 This schedule must be completed and filed if the answer to any of questions 1 through 4 on the reverse side of the REV-1500 COVER SHEET is yes. DESCRIPTION OF PROPERTY o EXCLUSION TAXABLE ITEM INCLIDETFE NAME OFTFETRANSFEREE, THEIR RELATIONSHIP TO DECEDEM AND DATE OF DEATH /o OF DECD'S NUMBS TFE DATE OF TRANSFER. ATTACHACOPY OF THE DEED FOR REAL ESTATE. VALUE OF ASSET INTEREST IF APPLICABLE VALUE ~ PNC Investments 241,492.71 100.0000 0.00 241,492.71 investment account #8999-9910 which contains an Allstate Performance annuity. Named beneficiary is surviving spouse TOTAL (Also enter on line 7, Recapitulation) I $ (If more space is needed, insert additional sheets of the same size) 241,492.71 3W46AF 1.000 REV-1511 EX+(10-06) COMMONWEALTH OF PENNSYLVANIA SCHEDULE H FUNERAL EXPENSES 8r AnMINIRTRATIVE COSTS tai~ai~vr Milton R Weber 21 08 0505 Debts of decedent must be reported on Schedule I. ITEM NUMBER DESCRIPTION AMOUNT A. FUNERAL EXPENSES: ~ Funeral luncheon, organists, custodian, soloist, minister services 1,825.00 Total from continuation schedules . B. 1 2 3 4. 5. 6. 7. 1 7W46AG 1.000 ADMINISTRATIVE COSTS: Personal Representative's Commissions Name of Personal Representative(s) Street Address City Year(s) Commission Paid: 1,978.76 Attorney Fees 8 , 500.00 Family Exemption: (If decedent's address is not the same as claimant's, attach explanation) 3 , 500.00 Claimant Phyllis I Weber Street Address 4 North Washington Street City Mechanicsburg State PA Zip 17055 Relationship of Claimant to Decedent SPOUSE Probate Fees Accountant's Fees Tax Return Preparer's Fees RSR Appraisers & Analysts real estate appraisal fee 350.00 Total from continuation schedules I 515.00 TOTAL (Also enter on line 9 Recapitulation) ~ $ 16 , 668.7 6 (If more space is needed, insert additional sheets of the same size) State .Zip Estate of: Milton R Weber Schedule H Part 1 (Page 2) Item No. Description 2 Gingrich Memorials gravemarker 3 Malpezzi Funeral Home, Inc. balance due on funeral services 21 08 0505 Amount 410.00 1,568.76 Total (Carry forward to main schedule) 1,978.76 Estate of: Milton R Weber 21 08 0505 Schedule H Part 7 (Page 2) 2 Register of Wills filing fee for Inheritance Tax Return 15.00 3 Reserve for filing fees, accountant fees and other costs associated with the administration of the Decedent's estate 500.00 Total (Carry forward to main schedule) 515.00 REV-1512 EX+1,2.08, SCHEDULE pennsylvania DEPARTMENTOF REVENUE DEBTS OF DECEDENT, INHERITANCE TAX RETURN MORTGAGE LIABILITIES ~ LIENS ~nir ncrcnFti'r FILE NUMBER ESTATE OF Milton R Weber 21 08 0505 Report debts incurred by the decedent prior to death that remained unpaid at the date of death, including unreimbursed medical expenses. VALUE AT DATE ITEM NUMBER DESCRIPTION OF DEATH ~ Holy Spirit Hospital medical expenses 2 Quantaum Imaging medical expenses 48.70 37.71 TOTAL (Also enter on Line 10 Recapitulation) ~ $ 8 6.41 awasAH z.ooo If more space is needed, insert additional sheets of the same size. REV-1513 EX+ (11-08) pennsylvania DEPARTMENT OF REVENUE INHERITANCE TAX RETURN RESIDENT DECEDENT ESTATE OF Milton R Weber SCHEDULE J BENEFICIARIES iMBER NAME AND ADDRESS OF PERSON(S) RECEIVING PROPERTY TAXABLE DISTRIBUTIONS [include outright spousal distributions, and transfers under Sec. 2116 (a) (1.2).] 1, Phyllis I. Weber 4 N. Washington Street Mechanicsburg, PA 17055 100 of residue: 710,191.93 FILE NUMBER 21 08 0505 RELATIONSHIP TO DECEDENT AMOUNT OR SHARE Do Not List Trustee(s) OF ESTATE Surviving Spouse I 710,191.93 ENTER DOLLAR AMOUNTS FOR DISTRIBUTIONS SHOWN ABOVE ON LINES 15 THROUGH 18 OF REV-1500 COVER SHEET, AS APPROPRIATE. II NON-TAXABLE DISTRIBUTIONS: A. SPOUSAL DISTRIBUTIONS UNDER SECTION 2113 FOR WHICH AN ELECTION TO TAX IS NOT TAKEN 1 B. CHARITABLE AND GOVERNMENTAL DISTRIBUTIONS 1. TOTAL OF PART II ENTER TOTAL NON TAXABLE DISTRIBUTIONS ON LINE 13 OF REV-1500 COVER SHEET. ~ $ 0.00 If more space is needed, insert additional sheets of the same size. SW46AI 2.000 LAST WILL ANll 1'ES1'AIVIE_N'f ,: _~ ~, 1, AiIL TON R. Wl.?f3ER, of the Borough cif 11~Iechan~csburg, Cou~lly of Curuberla~,id, and Comnu?nwealth of Pennsylvania, being of sound and disposing mind, memory and understanding, do make, publish and declare this as and for n1y Last Will and 'T'estament, hereby revoking and making void all lornier wills and codicils by me at ar~ytirue heretotore made. I'1_RSh. I order and direct that all. nay just debts and fiuleral expenses be paid by my Executrix or Executors, as the case ma}~ be, hereinafter named, as soon as conveniently tray be donE: after u~y decease. SI~CUNU. i give and bequeath all ofn~y tangible personal effects, clothing, household goods and automobiles unto ~,ny ~~~ile, PITYT.,I,IS L WEBER, absohrtely, if she survives me by as rnauy as thirty (3O) days. If my said wife should not so survive nie, then and in such event, I give and bequeath such tangible perso~ral property iaz equal shares unto my sons, namely, GARY 13. Wl_?BER and S"T'I~VEN 'I'. WEBER, share ai2d share alike. It~1ART'i't~I, TR[1S1' a "1'l~_)JZU. If my tivife, P>=TYI_,I,IS I. ~~'EBER, survives me, I give to ray Trustees hereinafter named, without deduction for estate or iuhea:itance taxes, the minimum a.~nount of assets which nu_ist he added to the value of all other propert}~ iu my gross taxable estate for which the marital deduction under I~ederal L~.state Tax lain is allowed iii order to give my estate a marital deduction which ~~~ill reduce the Federal Estate Tax on my estate lv the lowest possible amount. Such minimum aanounl shall be deteruiiued alder tirst taking into account all other deductions and ~.redits (including, but not limited try the uiulied credit under federal Estate Tax Lawj except: (-) 1'he state death tax credit to the extent that the use thereof would require au increase. in the auloutrt of state death taxes paid; and Lnw orFices SNELf3AKER & RENNFMAN, P.C (~i) 7'he credit for tax on prior transfers to the extent that credit arises fiwm trans~~ters to me fi~om individuals who die after nie. recogni?e that, depending upon tl~e au~ount of other bequests, the amount of my non- ~staauen(ary dispositions, the amount of state death taxes, arxl other factors, the Marital Trust ~i ~i LAW OFFICES SNEI_(3AftER f?c E3RENNEMAN, P.C may be ur-n-existent, or u~ay amount to the enure balance of my tesfaurenlary estate so tl-at illy residuary trust is nan-existent. No property not qualified for the marilac deduction shall be allocate-a to this Marital "I'r~-st. During the lifetime of m}= wife, "trustees shall hold, manage and distribute this Marital 'c'rust as follows: "trustees shall. pay and distribute to her tl-e eritu~e net income fro-n the principal o~f the Nla~~ital 7~rust, which payments shall be -nade to titer periodically but not less Ii~egr-ently thaa quarter-annually. `l~ruslees shall pay and distribute such part or parts or the whole olf~ the principal of the marital trust as my wife from time to time may request in writing. In addition, 'trustees shall from time to tune pay to my wife, or shall apply directly for her be~-efit, as mach of the principal of this Marital Trust as the Trustees, in their absolute discretion, u-ay consider desirable for her health, maintenance and support, after considering all resources available to her. a FOURTH. If n-y wife atxl 1 should die under eircunistances which render the order of our deaths uncertain, 1br the purposes oC tl-is Marital "crust, it sl.iall be conclusively presumed that my wife sur~~~ived me. FIF7~tl. N'ly Executors, hereinafter named, shall, in their absolute discretion, determine wl-ed~-er to elect under § 2056 (b) (7) of the Internal Revenue Code of 1986 or corresponding provision in effect at my death, to qualify any portion of the foregoing Marital Trust for the Federal l?,slat.e "tax marital. deductive. Generally, l anticipate that my Executors will elect to n-i-iimi?f~ tl-e Federal l~state Tax payable by my estate. [lowever, .I would expect that some considei~~ation be giti~e-t to the Federal Estate Tax payable i-~ my wife's estate upon her death, especiall~~ if she should die prior to the tinge the election is made. 1'he determination of my Ixecutors with respect. to the exercise of the election shall be conclusive upon all affected persons. SI_Y11I. 1\~ly .Executors shall select and distribute to my Trustees the cash, securities and other property, including real estate, tivhich shall constitute the Marital Trust, employing for tcie l~~urposes of valuation the lesser of the adjusted basis of the asset for Federal Estate Tax purposes or the Lair marlc.et vah-e of the asset at the tinge of distribution. SIJVEN'tH. Upon the death of my wife, Trustees shall deduct and pay to leer personal -2- 4 representative, fr-»n (hat ~x-rticrn o1'tl-e principa(of the Marital 'Crust, if any, any auiouut equal to any additi~~nal administration expenses anti estalc and inheritance t<<~es assessed against leer estate by reason of th.e inc(usioi- therei-~ for tax purposes of the thezi remaining principal of the 1v~larital "L'rust. Such amount shall be determined by Trustees, whose determi_uation shall be conclusive. Any IL-e^ remaining balance of princi gal shall be added f to acid therealler shall form apart of the principal of the Residuary Trust, to be held and distributed as though originally a part of~it. if the Residuary T~r-_-st shall not have been created .tor any reason or shall have been exhausted, tl-e remaining principal shall beheld in trust upon. the same terms and conditio~~s r Izereinafler spe~cilied for the Residuary 'Crust. ,~ IJ_1C1I'I'~1. Lf my wile. her guardian or the personal representative at her estate should disclaim her interest in any portion or alJ of the Marital "Trust, the portion of the Marital "Trust in which she disclaims her interest shall be added to the Residuary 't'rust to be held and distributed as though originally a part oT it. If the Residuary Trust shall not have been created fox any reason or shall have been exhausted, such portion of the Marital "Crust shall be held. and distributed on the setae terms and cu-ulitions hereinafter provided for the Residuary Trust. All of the provisions of the Residuary Trust in Lavor of my wife shall apply to the disclaimed property des~,i(e the disclaimer except Co tl-e extent she e~xplicitfy disclaims the benefit of such. provisions of the Residuar}' Trust as they nrly apply to the disclaimed property as well. iZI,SIDUARY TRUST NIiN1~l I. I give, devise and bequeath the balance of my residuary estate, including any x part of n-y estate not distributed under the foregoing provisions, to my Trustees, to hold, manage and distribute as follows: During the lifetime of my wile, PHYLLtS I. WF_,BER, Trustees shall pay and distribute to 1-er or for bier beuei~it the entire net i-rcome, whicl-. payments shall be made to her l~eriodicaJ(y but not less la-equently than quarter-annually. Iu addition, should the principal of the Marital Trust be completely withdrawn or exhausted, Trustees shall from time to time pay LAW oFElc.es to niy wife, or shall apply directly for her benefit, as much of the principal of this Residuary SNELf3AI<ER & BRENNEMAN, P.C. ~T-'USt aS ~ rUSleeS may COn51CleT deSlrable IOC her health. Inanltenallee and SUpp01't, a.fteT considering all resources available to her. I~FN'L'll. Upon the death of my wife, or at nay death if she has predeceased me, "Trustees -3- sl-all I-olc( a--c( dislribu(e the renu-i--ing hciateipal ~-~ the Residuary "Trust as follu4vs: A. 1'he principal shall be distributed in equal shares to tx-y sons, U~RY B. ~U(I3l~.K and SITVEN 1'. WEREK, share anal stare alike. 13. If either of lny said sons should predecease me, I order and direct that the share of such deceased son shall be distributed unto his issue per stirpes by representation and not per capita, but subject to llie protective provisions iu Paragraph C hereinbelow wide respect to the distributive share to any, beneficiary who has not attained the age of twenty-tluee (2~) years. C. If any beneficiary hereinabove has riot attained the age oJ~ twenty-three (23) years at the time of distribution, I order and direct that the distributive share of such person shall be paid over and distributed unto the surviving parent, as my testamentary Trustee, [N '1'RUS'C, NEVI~RTILELISS, to hold, manage, invest, accumulate income and reinvest until said benelciary attains the age of twezily-three (23) years, at which time said trust shall be terminated acid the net proceeds thereof be paid over to the beneficiary absolutely. I designate any trust hereunder to be a spend-thrift trust. 'Clre beneficiary shall. have no right to invade, pledge, assign or otherwise dispose of the assets of said trust (including income) nor shall any creditor of a be~,leliciary have any right to seize, leti~y or execute upon said assets by reason ohan_y pledge, assignment or other transfer, voluntarily or involuntarily, made by said beneficiary. I fi-rtlier authorize and empower n-y said Trustee to use, consume, expend and apply from time to time such amounts of principal ar-d income of and from said trust which in the exercise of his/her sole discretion shall be determined to be reasonable and necessary for the benelici.ary's ~educalion. The term "education" shall Lie construed a--d interpreted to mean college or utter post-highschool training ~~-hich i_s intended to i.n-prove the beneficiary's ~productiviiy as an adult or eirtiance the qualify of hi,s or her life. In considering what is LAW nFFICES SNELBAY.ER F3c F3RENNEMAN, P.C. ~~~easonable and accessary, my said 7~rustee shall take into consideration the primary respvnsi.bility of the be,neficiary's surviving parent to provide such education. It is lny ,will and intention that the foregoing discretionary provision for education shall he st.-pple-ne~ntary to tl-e parent's l~n~i,mary responsibilit~~. -4- 1~1,IJ1!I;/AL t1ClJi'I~l-tliV~~ i LF?'Vl_ N7;II. 1vly l;xecutors aud 1'rus(ees aud. their successors shall have llie f~~U.mvii-g powers, i-i addition to those giver by law, to be exercised by them in their absolute discretion, wl-icl- potve-s shat l be applicable to all property held by the11, eflective~ icitlrout the order of ai-y court and ru~ilil tl-e actual distribution of all such property: n. 'I~o retain any inveslmei-Cs al discretion inch-ding stock of any corporate fiduciary or of a l-olding cou~pany controlling il; .~ 13. 7~o invest ar-d reirt<<est at discretion without restrictions to so-called "legal ~ in~~estments," with the specific right to invest in connnon and preferred stocks, aud in such r_•o-nmon trust, diversified, money market and mutual funds as they deem appropriate. C. "l~o sell, to gra--t options for the. sale of, or otherwise convert any real or persoiiral property or interest therein, at public or l~n-ivate sale, for such prices, at such tune, iu sucl- tna.ntter and upon. such terms as they tray thiulc proper, and to execute and deliver good and sufficient conveyances, assigunrents aud transfers thereof witl-out liability ol~ any purcl-aser io see the application. of the purchase money; ). To borrow money and to secure its repayment by n~iortgage of real or perso-tal property, pledge of investmenfs or otherwise, without liabllity on the part of the lenders Lo see to the application thereof; 1~. "I~o compromise claims by or against my estate or any trust created hereunder; F. ' `o make distributions in cash or kind, or partly in each: G. 'L~o register iuvestmer-ts in the nan-e of a nominee or to hold Che same unregistered iu such form drat they will .pass by delivery; II. ~fo joi-z itr any recapitalization, n-erger, reorgal~ization or voting trust plali _AW ~>~F~~,FS affecting investments; to deposit securities under agree~n-ent; to subscribe for stock and raE~Ani<ER & :rvivEtiiar,, P.c. hood privileges; and. generally to exercise all rights of security holders; 1. 'f'o manage, operate, repair, alter or improve real estate oar other property, and to lease real estate and. other property upon such terms aJ~.d for such period as -ny -5- ~i Cam,! ~~ nw ~r--EicFs VELBgKER & NNEMAPJ, -~.C. compensation ofnry Executors or Trustees; ~'l~ 'l'o do aft other acts and things necessary or' appropriate in the nran<rgen-e-Zt, administratio-r and distribution of my estate. h~VEl F1'f1. IVIy I~xecutors arrd Trustees shall have the broadest authority iu dealia with a-ry h-usuiess interest of nrin.e that stay be received by them as a part of rn , e g y state, i~rcluding the lc~llowing powers: •••, ••'.~-~ iii <tu~i,~uU~l t1E'Il I(II' lnOfe ((lilll tl~'C j'ti11~S c'Ilyd hej%O11C~ tll(: dura(iou ofa~i~~ LrusL; , -~• 'lo deduct achuinish~ahon expenses upon either late Federal Estate "1'a return or Eidr-ciary i,~ic~111e tax ret<un, with or without adjustment between ~ Y p- ~ nc-pal and income, as my Executors shall detern-iue; E~• '['o joir- with -ny wile and file auy income tax or gift tax .returns that ma h~e clue on my behalf and r- y y 1 Y so much of such. (axes as ill Executors may deem appropriate and to consent to any gilts made by >_uy ~~~ile being treated as (raving been made one-haaf by u-e; l~• 'Co associate with them, au accounta-rL, custodia~.l and investment advisor, and other agents and to co-npensate them out of principal or income ox' both as m y Ixecutors or 'Crustees shall determine, such compensation .not to be a redact' ion to the n. 'C'o disregard the principle of investment diversification grid to relairr any ~'`'-~t','-~ all of such interest as long as they shall consider it advisable to do so; f3. '1'o distribute any part or all of any st-ch business interest in kind; t'• 'I'o sell arry part or all o[~an_y such business interest at such time or tithes, to such persor-s for such prices and upon such terms as they may consider advisable; ~~• I o do anj~l_bing that they may consider advisable with. respect to the operat-on. -ncorporatiou oc liduidatioii of any business interest and to ruake any char es g in the ~~nupose, nature or structure thereof; I' ~ ~I`o delegate authority to auy manager or employee, and to pay frou~ the incorhe 1i~o-n any business adequate compensation to anv such persoli even thou h he g -6- rnav aiscr ue an i.',::c~ rnrn ~~r ~,u;~«~ „~ ,.. , ,.,,.. , insura~~ce for that persoir nut of estate or h~ust principal; l~. `fo make additional iuvestrnents in any business of mine in wl,~ich they leave arr interest hereunder; a ~ ~ G. 'fo make and consent to such elections with respect to are S Corporation as 1 l d d i h l ~ , j~rovi titerna e n t e Revenue Code of I9R6 as ail~euded, ~~r an successor, as ~u Y Y \ v (~,xeculors and 'Trustees ire their absolute discretiotl Jnay deem appropriate; C IL "Co enter into any shareholder agreement with respect to any S. •~~ for oration as m r IYecutors and 'Crustees in their absolute discrete-on ma ~ deem t ) 5 ~~ ~~f~[»~~prrate, including an}~ agreements Ebr llie holding of stock certilicates by an escrow agent, the level of divideruls, distributions, aay restriction on transfer of aay stock, or any other agreement as any Executors and Trustees in Ilreir discretion Wray deem appropriate; I. To borrow money from. the estate or trust For operating businesses owned h_y the estate or trust at the pre~~~ail.ing rate of interest. .t. "t~o pledge Assets of the estate or trust for the debts of the business; K. 'fo enter into a partnership agreement for the operation of the business, including a general partnership agreement, or to incorporate the business, or to reorganize, recapitalize, consolidate or merge any entity on such terms as my Executors or Trustees in their absolute discretion shall deterrniue; E,. L'o participate in any voting trust effecting the securities of any business; 1v~1. "fo waive the filing by survivvlg partners of any partnership inventory, appraisal, account, bond or security; aad N. fn general- to deal with. any business interest or closely held stock with the saute I~reedon of action that [would have if I were still ,living. '1~IL1K"1'LI/_NI'H. IVIy F,xecutors and trustees shall pay all Estate, irilieritance and other SAW oFr-r~ES death taxes, together with interest and penalties, which shall be payable with respect to property SNELBnI<.Er~ & ARE"NEti,n"' P.c. or i~aterests subject to taxation. by reason of nay deathand whether passing under my will, or other«-ise, inchrding jointly held and other non-testanrer~tary l~~roperty. My F,xecutors and .. -7- i 'Crustees shall pay the sauce out o1~ the principal ~~[~ the Residuary 'Trust, and under no circu~uslances shall any such tax be paid out oCor charged ag~aiust tJle principal of the 1~larital 'Crust. "Crustees niay advance to my Executors from Ilse principal of the .Residuary ~Trrrsl such amount as may he required by my Executors Cor the payment of sucl.~ taxes. F(~UR~I1~1?NCII. Nv property received lay my Executors and "Trustees which is exempt fir(?nl PeC(el'al Estate ~CaX Mat fllay be assessed agalnst lny estate Shad be aVa(~ab~e COl' the paj%mEtlt OlClehtS, 1llhe11ta11Ce fllld ESfate ta`~eS O(' pe)la~t(eS alld ]lltel"eSt t~lEl'eOn Or ad1111111Strat1011 ~~~ experlSeS ul the seltlenlent 0~~ Illj' estate. FI.F"1'ELNTEI. 'Crustees are fiu~ther authorized in their discretion., to make such loans, adv~u~~~ces or expenditures ou of tl e~ principal of the Residuary `T'rust as 'hrustees may consider desirable in order to l:acilitale the settlement of uiy estate. hl exercising si~cl~ autlzor~ity, "Trustees may pay in whole or in part the expenses ofiuy last ilh-Tess and burial, debts, income taxes, owing h}~ nee or by reason of my death, which payments may be made directly by Trustees or to my Executors, and neither my F,xecutors iior any beneficiary shall be xequired to reitnbutse the Trustees for airy funds so loaned advances or expended. Likewise upon the death of my wife, 'trustees may make similar loans, advances or expenditures as `Crustees, in their discretion, may consider desirable in order to facilitate the settlement of her estate, which. shall be made out oC the pri~acipal of the Marital 'T'rust to the extenir that. the same is sufficient Tor such purposes; otherwise such loans, adva.~zces or expenditures uaay be made from the principal of the Residuary Trust. Lf~S~1=LY. I nominate, constitute and appoint my wife, namely, PHY1_,I_,iS I. WEBER, to be tide Executrix of this, guy Last Will and 7'estarnent, but if lbr any reason my said wife should Fail to qualify as such personal representative or cease so to serve, then and in that event, I nominate, constitute and appoint my sons, namely, GARY B. WEBER and S"CEVEr1 T. ~U[~,[3F?R, to be the lxecutors hereof, each and all to serve without bond or other security as a SAW ~~-~~~,F condition of qualification hereunder. SNELE3AKER & BReNr~FNinia, P.C. Lgcept as Spe.Clflcally prOVtded OtherwLSe lit Paragraph. ~ of Item Tellth hereinabove, I nominate, constitute and appoint my sons, namely, GARY f3. WEBER and S'Cl?VF_,N 'C. ~Vl;l3ER (or the sun~ivor of them in the. event that either should fail to qualify or -g- cease so to se-~~~el to be the "I'rus(ees oCa)I the '['rusts (except the protective trust i a~ Paragraph C o[ Item "I~euth hcreinabove). each and both to serve without bond yr other securit 3 as a condition ofdualikicalion 1-ereu-rder. Il\f Vi'I'1'NI?SS WrI II RJOF. 1, IVllL'1'ON R. ~~E~3ER, have he.ceunto set my hand and sea l lv Ihis my bast ~'~~ill and Testament, which consists oCnine (y) typew--itte-~z pages to each of whirl-t (Dave af(ixer_i -z1y signature tl-is ~~~v day of October, A.D., Two Thousand Sig (ZOUG). --_ _____ ---- ----_------ " ~`~~~ -(SEAL) 1\~11LTON R WE131R ~- 'Tlie preceding ir-stcuuient, consisting of this and eight (8) other typewritten pages, each ideiiti.Gcd by the signature of the I~estalor, was on the dale thereof signed, sealed, published and declared by J~III,TON R. Wl?13hR, the Testator therein na-rled, as and for his Last Will atzd 'Cestament. in the ~~resence of us, who, at his request, in ltis presence and in the presence o~~each . other. have subscribed our names as witnesses hereto. j / -~-- ~~ ~ f ., i N OF FICFS L[1AKER & ~EMAN, P.C d -y^ t)f~fl~lt)Id~~'l~i\1.1111r) I'I~Idl,;itiJ_,`~'r11~!1.11 SS. 't>UfJ 1"i' (.>h C,I i~~}3[~Rf.i\fJla r Vl~'c, I~'lII,7'ON R WI{31~,R, KI(`11AR1) C. SNEL13111~1?R and JANE J. GOONEY, the Testator autd the witnesses. respectively, whose names are sighed to the attached or foregoing instruiiient, being first duly sworn, do liereh}~ declare to the undersigned authority that the ~l'estalor signed and. executed the instruiz~ent as his Last Will and "I'estanient and that he had signed wil~liilgly, anal that he executed it as his tree vid voluntary act for ttre purposes therein ex~~ressed., and that e~rch of the witnesses, iii the presence and hearing of the 'I'estalor, signed the V~'ill £ S a tivititess and that to the best of his or her lulowledge, the Testator was at that time eightecii _years of agc or older, of sound mind and under no constraint or undue influence. - ~, ~` NI1L1'ON R. WEBER ~ ) ~Q~~_ --- ___ Witness ---- - _ ------- -- r ' jg ~ ~'i°7:_. pct ' ~~~~ - ~'rtuess Subscribed, sworn to and acknowledged be(vre nre by MIL"1'ON R. WEBER, the "I 1;ST~'1'UI[Z, and subscribed and s«~orn to before me by RICIIARll C. SNELBAKE.IZ and JANI/ .l. COONE,Y, the witnesses, [Iris t{ ~ f~ day of October, 2006. ~,~ Notary Public G~ilriNlOtd'vvEs'.t_7H QF Fs=tJNS's'L.V!-NIA -.---._._-_..__~..No~rial Sea1~___~_-- Sandra I<. Sho~4~ers, Paotary Public Ule~ranicsbury t3orc, Gurnbertand (;ounty tviy t~ommissr~ ~ Frpires hJo~,~, 22, 2407 r nvd or-ncES t~lem~er, Penns~Ai~ania ~~ s=.~oiarion Of Notaries ~raFi_.r3n~;Frz fic ?Errrrt=r~t~rd. P_C-