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HomeMy WebLinkAbout05-05-09___J 15056041158 REV-1500 EX (06-05) OFFICIAL USE ONLY PA Department of Revenue County Code Year File Number Bureau of Individual Taxes ?o Box 2sosol INHERITANCE TAX RETURN 21 0 9 0 018 2 Harrisburg, PA 17128-0601 RESIDENT DECEDENT ENTER DECEDENT INFORMATION BELOW Social Security Number Date of Death Date of Birth 165-26-6211 012420<~9' 10141931 Decedent's Last Name MCINNES Suffix Decedent's First Name DRUE (If Applicable) Enter Surviving Spouse's Information Below Spouse's Last Name Suffix Spouse's First Name MCINNES HAROLD A•B• 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 ^ 4. Limited Estate 6. Decedent Died Testate (Attach Copy of Will) ^ 9. Litigation Proceeds Received ^ 2. Supplemental Return ^ Aa. Future Interest Compromise (date of death after 12-12-82) 7. Decedent Maintained a Living Trust (Attach Copy of Trust) ^ 1 t). Spousal Poverty Credit (date of death between 12-31-91 and 1-1-95) CORRESPONDENT - THIS SECTION MUST BE COMPLETED. ALL CORRESPONDENCE AND CONFIDENTIAL TAX INFORMATION SHOULD BE DIRECTED TO: Name Daytime Telephone Number VICKY ANN TRIMMER 717-620-2440 Firm Name (If Applicable) PERSUN & HEIM, P•C• First line of address PO BOX 659 Second line of address City or Post Office MECHANICSBURG State ZIP Code MI S MI ^ 3. Remainder Return (date of death prior to 12-13-82) 5. Federal Estate Tax Return Required ~ 8. Total Number of Safe Deposit Boxes ^ 11. Election to tax under Sec. 9113(A) (Attach Sch. O) REGISTER OF WILLS USE ONLY - :: - c ~ . . - - --tlC `-=, I - _ ~ -- '_. ~ '-C'1 -- DATExILED .~ .. , rA y ru55-ue57 ~, .~- Correspondent's a-mail address: V A T R I M M E R a9 P E R S U N H E I M• C O M Under penalties of perjury, I declare that l have examined this return, including accompanying schedules and statements, and to the best of my knowledge and belie(, it is true, correct and complete. peclaration of preparer other than the personal representative is based on all information of which preparer has any knowledge. ~ -A HAROLD A•B• MCINNES 2b0 WINDING WAY CAMP HILL, PA 17011 SIGNATURE OF PREPARER OTHER THAN REPRESENTATIVE DATE PERSUN & HEIM, P . C • ~j~ n,, ~~_ ~~ ~j,.,- ADDRESS PO BOX 659 MECHANICSBURG, PA 17055-0659 PLEASE USE ORIGINAL FORM ONLY 15056041158 Side 1 6M4647 3.000 15056041158 _J c~ ...I 15056042159 REV-1500 EX Decedent's Social Security Number 1,65-26-621,1 Decedent's Name~1 C I N N E S D R U E C RECAPITULATION 1. Real estate (Schedule A) 1. 2 5 2 3 7 8- ~ ~ 2. Stocks and Bonds (Schedule B) . 2. ], 8 4 7 5 4 9 - D ~ 3. Closely Held Corporation, Partnership or Sole-Proprietorship (Schedule C). 3. D , D 4, Mortgages & Notes Receivable (Schedule D). 4. ~ - ~ D 5. Cash, Bank Deposits & Miscellaneous Personal Property (Schedule E) . 5. ]r 4 ~ 4 6 4 - D D 6. Jointly Owned Property (Schedule F) ~ Separate Billing Requested 6. ~ . ~ ~ 7. Inter-Vivos Transfers & Miscellaneous Non-Probate Property (Schedule G) ~ Separate Billing Requested 7 ~'~~' ~ 2D960.00 8. Total Gross Assets (total Lines 1-7). 8. 22613 51 • D D 9. Funeral Expenses & Administrative Costs (Schedule H) . 9. 3 9 2 3 4 , ~ Q 10. Debts of Decedent, Mortgage Liabilities, & Liens (Schedule I). 10. 7 6 8 D • ~ 0 11. Total Deductions (total Lines 9 & 10) ................... 11. 4 6 914 • ~ ~ 12. Net Value of Estate (Line 8 minus Line 11) 12. 2 2 ], 4 4 3 7 • ~ D 13. Charitable and Governmental Bequests/Sec 9113 Trusts far which an election to tax has not been made (Schedule J) . 13. D • ~ ~ 14. Net Value Subject to Tax (Line 12 minus Line 13) 1 a. 2 214 4 3 7 D ~ TAX COMPUTATION -SEE INSTRUCTIONS FOR APPLICABLE RATES 15. Amount of Line 14 taxable at the spousal tax rate, or transfers under Sec. 9116 (a)(1.2)X.0 1~ 41607 • D^ 15. D - ~0 16. Amount of Line 14 taxable at lineal ratex.o~LS 2172831 • DO 16. 97777 • DO 17. Amount of Line 14 taxable at sibling rate X .12 ~ , 0 ~ 17. ~ • ~ ~ 18. Amount of Line 14 taxable at collateral rate X .15 ~ • ~ ~ 18. ~ . ~ ~ 19. TAX DUE . . 19. 97777 . ~~ 20. FILL IN THE BOX IF YOU ARE REQUESTING A REFUND OF AN OVERPAYMENT Side 2 15D56D42159 snnasas2.ooo 15D56D42159 REV-1500 EX Page 3 Decedent's Comofete Address: Flle Number ~i. n9 nni.ua DECEDENTS NAME MCINF~ES D E STREET ADDRESS M R AN CITY CAMP HILL STATE ZIP Tax Payments and Credits: 1. Tax Due (Page 2 Line 19) (1) 9 ~ 7 ~'~ , D Q 2. Credits/Payments A. Spousal Poverty Credit Q . Q Q B. Prior Payments 9 2 8 8 8• !J D C. Discount 4 8 8 9• 0 D Total Credits (A + g+ Cj (2) 9 7 7 7 7• Q Q 3. Interest/Penalty if applicable D. Interest 0 • OD E. Penalty Q . Q Q TotallnteresUPenalry (D + E) (3) Q , Q Q 4. ff Line 2 is greater than Line 1 + Line 3, enter the difference. This is the OVERPAYMENT. FiII in box on Page 2, Line 20 to request a refund. (4) Q _ Q Q 5. If Line 1 + Line 3 is greater than Line 2, enter the difference. This is the TAX DUE. (5) Q . Q Q A. Enter the interest on the tax due. (5A) Q . Q Q B. Enter the total of Line 5 + 5A. This is the BALANCE DUE. (56) Q . Q Q 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. 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)J. 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. i39116(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-1502 EX + (t 1-~08) pennsylvania DEFARTfv1ENT OF REVENUE INHERITANCE TAX RETURN RESIDENT DECEDENT SCHEDULE A REAL ESTATE ESTATE OF FILE NUMBER Drue S. McInnes 21 09 00182 All roal property owned solely or as a tenant in common must be reported at fair market value. Fair market value is defined as the price at which property would be exchanged between a willing buyer and a willing seller, neither being compelled to buy or sell, both having reasonable knowledge of the relevant facts. Real property that is jointly-owned with right of survivorship must be disclosed on Schedule F. Iwasss z.ooo If more space is needed, insert additional sheets of the same size. REV-1503 EX + (6-n8) COMMONWEALTH OF PENNSYLVANIA INHERITANCE TAX RETURN ;'.ESIDENT DECEDENT ESTATE OF FILE NUMBER Drue S. McInnes 21 09 00182 All property jointly-owned with right of survivorship must be disclosed on Schedule F. ITEM VALUE AT DATE NUMBER DESCRIPTION OF DEATH 1. 3,000 Par Anheuser-Busch Cos Inc - 6.45~s Sept 1, 2037 CUSIP: 0352294DC 2,489 Interest accrued to 1/24/2008 77 2 2,000 Par Time Warner Inc - 7.625 - Apr 15, 2031 CUSIP: 00184AAC9 1,919 Interest accrued to 1/24/2008 42 3 2,000 Par Bear Stearns Co. - 5.30 - 10/30/2015 CUSIP: 073902KF4 1,760 Interest accrued to 1/24/2008 25 4 2,000 Par Bank of America - 5.125$ - 11/15/2014 CUSIP: 060505AU8 1,887 Interest accrued to 1/24/2008 20 5 2,000 Par General Mills Inc - 6~ - 2/15/2012 CUSIP: 370334AS3 1,980 Interest accrued to 1/24/2008 53 6 2,000 Par Citigroup Inc - 5$ - 9/15/2014 CUSIP: 172967CQ2 1 633 Interest accrued to 1/24/2008 36 7 2,000 Par Cardinal Health Inc - 5.850 - 12/15/2017 CUSIP: 14149YAH1 1,785 Interest accrued to 1/24/2008 13 8 3,000 Par Cit Group Inc - 5.400$ - 01/30/2016 CUSIP: 125581AW8 1,976 Interest accrued to 1/24/2008 78 Total from continuation schedules 1,831,776 TOTAL (Also enter on line 2, Recapitulation) $ 1 , 847 , 549 SCHEDULE B STOCKS & BONDS 3waess ~.ooo (If more space is needed, insert additional sheets of the same size) Estate of: Drue S. McInnes Schedule B (Page 2) Item No. Description 9 2,000 Par Comcast Corp - 6.500 - 01/15/2017 CUSIP: 20030NAP6 Interest accrued to 1/24/2008 10 2,000 Par Coco-Cola Enterprises - 6.125 - 08/15/2011 CUSIP: 191219BJ2 Interest accrued to 1/24/2008 11 2,000 Par Duke Energy Corp - 5.625 11/30/2012 CUSIP: 264399EF9 Interest accrued to 1/24/2008 12 2,000 Par Engery Transfer Partners - 5.950 - 02/01/2015 CUSIP: 29273RAB5 Interest accrued to 1/24/2008 13 2,000 Par ERP Operating Inc - 5.125 - 03/15/2016 CUSIP : 294767~AC1 Interest accrued to 1/24/2008 14 2,000 Par Embarq Corp - 7.995$ - 06/01/2036 CUSIP: 29078EAA3 Interest accrued to 1/24/2008 15 2,000 Par Household Finance Corp - 4.750 - 07/15/2013 CUSIP: 441812KD5 Interest accrued to 1/24/2008 16 2,000 Par JP Morgan Chase - 5.150 - 10/01/2015 CUSIP: 46625HDF4 Interest accrued to 1/24/2008 17 2,000 Par JC Penny Corporation Inc - 6.375 - 10/15/2036 CUSIP: 708130AC3 Interest accrued to 1/24/2008 Total (Carry forward to main schedule) 21 09 001$2 Value at Date of Death 2,028 3 2,106 54 2,077 17 1,780 57 1,538 37 1,540 24 1,857 2 1,870 32 1,2x1 35 'I~ pia Estate of: Drue S. McInnes 21 09 QO1$2 Schedule B (Page 3) Item Value at Date No. Description of Death 18 2,000 Par Kellogg Co - 6.600 - 04/01/2011 CUSIP: 487836AS7 2,000 Interest accrued to 1/24/2008 41 19 2,000 Par Oneok Partners - 6.150 - 10/01/2016 CUSIP: 68268NAB9 1,777 Interest accrued to 1/24/2008 39 20 2,000 Par Viacom Inc - 6.875$ - 04/30/2036 CUSIP: 925524AX8 1,472 Interest accrued to 1/24/20Q8 32 21 2,000 Par Vodafone Group PLC - 6.150 - 02/27/2037 CUSIP: 92857WAQ3 1,942 Interest accrued to 1/24/2008 50 22 2,000 Par SBC Communications Inc - 5.875 - 08/1512012 CUSIP: 78367GAK9 2,086 Interest accrued to 1/24/2008 52 23 2,000 Par Wells Fargo Company - 4.950 10/16/2013 CUSIP: 949746FJ5 1,939 Interest accrued to 1/24/2008 27 24 2,000 Par USD Goldman Sachs - 5.150 - 01/15/2014 CUSIP: 38143UAB7 1,856 Interest accrued to 1/24/2008 3 25 5,000 Par Federal Home Ln Mtg Corp - 4.750 - 11/17/2015 CUSIP: 3134A4VG6 5,529 Interest accrued to 1/24/2008 44 26 2,000 Par Caterpillar Fin Serv Crp - 4.850 - 12/07/2012 CUSIP: 14912L3N9 2,022 Interest accrued to 1/24/2008 13 Total (Carry forward to main schedule) 20.9~a Estate of: Drue S. McInnes Schedule B {Page 4) Item No. Description 27 10,000 Par U.S. Treasury Strip Prin - 0$ - 11/15/2016 CUSIP: 912803AP8 28 1,000 Par U.S. Treasury Bond - 5.25 - 02/15/2029 CUSIP: 912810FG8 Interest accrued to 1/24/2008 29 5,000 Par U.S. Treasury Bond - 4.375 - 02/15/2038 CUSIP: 912810PW2 Interest accrued to 1/24/2008 30 4,000 Par U.S. Treasury Note - 3.875$ - 05/15/2018 CUSIP: 912828HZ6 Interest accrued to 1/24/2008 31 4,000 Par General Elec Cap Corp - 5.625 - 09115/2017 CUSIP: 36962G3H5 Interest accrued to 1/24/2008 32 2,000 Par John Deere Capital Corp - 4.500 - 04/03/2013 CUSIP: 24422EQQ5 Interest accrued to 1/24/2006 33 2,000 Par American Express - 5.675 - 05/02/2013 CUSIP: 0258MOCW7 Interest accrued to 1/24/2008 34 2,000 Par McDonald's Corp - 5.000 - 02/01/2019 CUSIP; 58013MEG5 Interest accrued to 1/24/2008 35 118 Shares Abbott Labs CUSIP: 002824100 Dividend accrued on 1/24/2008 36 62 Shares Albemarle Corp CUSIP: 012653101 Total {Carry forward to main schedule) 21 09 00182 Value at Date of Death 7,196 1,216 23 5,923 96 4,415 30 3,713 81 1,998 28 1,947 27 2,028 2 6,252 42 1,390 36,407 Estate of: Drue S. McInnes Schedule B (Page 5) Item No. Description 37 28 Shares Arch Capital Grp Ltd BM CUSIP: G0450A105 38 44 Shares Apollo Group Inc CUSIP: 037604105 39 166 Shares ABB LTD CUSIP: 000375204 40 52 Shares Airgas Inc CUSIP: 009363102 41 19 Shares Alliant Techsystems Inc CUSIP: 018804104 42 189 Shares Adidas AG Sponsored CUSIP: 06687A107 43 279 Shares Acergy S A CUSIP: 00443E104 44 207 Shares American Express Co CUSIP: 025816109 Dividend accrued on 1/24/2008 45 53 Shares Arcelormittal SA CUSIP,. 03938L104 46 188 Shares Activision Blizzard Inc CUSIP: 00507V109 47 113 Shares Amgen Inc Co PV CUSIP: 031162100 48 29 Shares Apache Corp CUSIP: 037411105 Total (Carry forward to main schedule) 21 09 00182 Value at Date of Death 1,792 3,620 2,010 1,955 1,576 3,272 1,550 3,229 37 1,173 1,762 6,081 2,214 30.971 Estate of: Drue S. McInnes Schedule B (Page 6) Item No. Description Dividend accrued on 1/24/2008 49 11 Shares Bard C R Inc CUSIP: 067383109 50 77 Shares BNP Paribas Sponsored ADR CUSIP: 05565A202 51 75 Shares BHP Billiton LTD CUSIP: 088606108 52 293 Shares Bank New York Mellon CUSIP: 064058100 Dividend accrued on 1/2412008 53 108 Shares W R Berkley Corp CUSIP: 084423102 54 109 Shares Best Buy Co Inc CUSIP; 086516101 Dividend accrued on 1/24/2008 55 83 Shares Boeing Company CUSIP: 097023105 56 46 Shares Canon. Inc CUSIP: 138006309 57 55 Shares China Mobile LTD CUSIP: 16941M109 58 75 Shares China Medical Technologies CUSIP: 169483104 59 49 Shares C.H. Robinson Worldwide, Inc. CUSIP:, 1254W209 Total (Carry forward to main schedule) 21 09 00182 Value at Date of Death 4 953 1,157 2,833 6,799 70 2,841 3,028 15 3,519 1,298 2,455 1,150 2,148 7R 9'7n Estate of: Drue S. McInnes Schedule B (Page 7) Item No. Description 60 310 Shares Cal Dive Intl Inc CUSIP: 128027101 61 206 Shares Calpine Corp CUSIP: 131347304 62 199 Shares Conagra Foods Inc CUSIP: 205887102 63 21 Shares Cullen First Banks CUSIP: 229899109 64 60 Shares ENI S P A CUSIP: 268748108 65 16 Shares Eaton Corp CUSIP: 278058102 66 66 Shares Energizer HLDGS Inc CUSIP: 292668108 67 42 Shares Exxon Mobil Corp CUSIP: 302316102 68 34 Shares EOG Resources Inc CUSIP: 26875P101 Dividend accrued on 1/24/2008 69 80 Shares EC~LAB Inc CUSIP: 278865100 70 40 Shares Equifax Inc CUSIP: 294429105 71 29 Shares FMC Corp CUSIP„ 302491303 Total (Carry forward to main schedule) 21 09 00182 Value at Date of Death 2,131 1,482 3,484 846 2,601 720 2,964 3,283 2,261 5 2,797 970 1,327 ~a a~, Estate of: Drue S. McInnes Schedule B (Page 8) Item No. Description 72 113 Shares Fidelity National Financ Inc CUSIP: 316208105 73 21 Shares First Solar Inc CUSIP: 336433107 74 26 Shares Fiserv Inc Wisc CUSIP: 337738108 75 71 Shares Franklin Res Inc CUSIP: 354613101 76 140 Shares Ishares Russell Midcap CUSIP: 464287473 77 149 Shares Groupe Danone Spon CUSIP: 399449107 78 33 Shares General Cable Corp CUSIP: 369300108 79 23 Shares Genentech Inc CUSIP: 368710406 80 120 Shares HCC INS Holding Inc CUSIP: 404132102 81 80 Shares Henkel AG & Co KGAA CUSIP: 425500208 82 39 Shares HSBC HLDG PLC CUSIP;: 404428040 83 100 Shares Healthspring Inc CUSIP: 42224N101 Total (Carry forward to main schedule) 21 09 00182 Value at Date of Death 1,719 2,905 824 3,658 3,617 1,594 545 1,920 2,822 2,084 1,419 1,728 7d A'2~ Estate of: Drue S. McInnes Schedule B (Page 9) Item No. Description 84 85 Shares Hanesbrands Inc CUSIP: 410345102 85 104 Shares Harley Davidson Inc CUSIP: 412822108 86 27 Shares Harsco Corporation CUSIP: 415864107 87 293 Shares Hewlett Packard Co CUSIP: 428236103 88 50 Shares Jefferies Group Inc CUSIP: 472319102 89 131 Shares Juniper Networks Inc CUSIP: 482038104 90 100 Shares JSC MMC Norilsk NCKL CUSIP: 46626D108 91 225 Shares JPMorgan Chase & Co CUSIP: 46625H100 Dividend accrued on 1/2412008 92 9 Shares Kaydon Corp CUSIP: 4965$7108 93 43 Shares KB Finl Group Inc CUSIP: 48241A105 94 137 Shares Kroger Co CUSIP:: 501049101 95 41 Shares Lockheed Martin Corp CUSIP: 539830109 Total {Carry forward to main schedule) 21 09 00182 Value at Date of Death 800 1,187 714 10,419 575 2,303 374 5,393 86 251 982 3,375 3,359 29.818 Estate of: Drue S. McInnes Schedule B (Page 10) Item No. Description 96 30 Shares Mastercard Inc CUSIP: 57636Q104 Dividend accrued on 1/24/2008 97 269 Shares Mitsubishi UFJ Finl GRP CUSIP: 606822104 98 67 Shares Mednax Inc CUSIP: 56502B106 99 152 Shares Marui Group CO ZTD CUSIP: 573814308 100 83 Shares Mattel Inc CUSIP: 577081102 101 152 Shares McDonalds Corp CUSIP: 580135101 102 42 Shares McDermott INTL Inc CUSIP: 580037109 103 177 Shares Medtronic Inc CUSIP: 585055106 104 121 Shares AXA CUSIP: 054536107 105 123 Shares Amazon Com Inc CUSIP: 023135106 106 273 Shares Annaly Cap MGMT inc CUSIP, 035710409 Dividend accrued on 1/24/2008 Total (Carry forward to main schedule) 21 09 00182 Value at Date of Death 3,734 5 1,426 2,144 1,518 1,263 8,762 434 5,733 1,874 6,128 4,025 137 37.1R~ Estate of: Drue S. McInnes Schedule B (Page 11) Item No. Description 107 129 Shares Amdocs Limited CUSIP: 602602103 108 59 Shares Astrazeneca PLC SPND CUSIP: 046353108 109 39 Shares Actuant Corp CUSIP: 00508X203 110 75 Shares America MOVIL SAB CUSIP: 02364W105 111 31 Shares Arena Resources Inc CUSIP: 040049108 112 88 Shares Apple Inc CUSIP: 037833100 113 9 Shares Autozone Inc Nevada CUSIP: 053332102 114 203 Shares Banco Santander SA CUSIP: 05964H105 115 45 Shares Bayer AG CUSIP: 072730302 116 119 Shares Broadcom Corp CALIF CUSIP: 111320107 117 61 Shares Bank of Nova Scotia CUSIP: 064149107 Dividend accrued on 1/24/2008 118 155 Shares Banco Bradesco S A CUSIP: 059460303 Total (Carry forward to main schedule) 21 09 00182 Value at Date of Death 2,200 2,363 637 2,063 761 7,824 1,193 1,431 2,518 2,055 1,366 24 1,407 25.862 Estate of: Drue S. McInnes Schedule B {Page 12) Item No. Description Dividend accrued on 1/24/2008 119 174 Shares Comcast CRP CUSIP: 20030N200 Dividend accrued on 1/24/2008 120 202 Shares Com Vale Do Rio DOCE CUSIP: 204412100 121 125 Shares Companhia ENERG DE CUSIP: 204409601 122 165 Shares CVS Caremark Corp CUSIP: 126650100 Dividend accrued on 1/24/2008 123 65 Shares Credit Suisee GP CUSIP: 225401108 124 413 Shares Carnival Corp Paired SHS CUSIP: 143658300 125 16 Shares Commscope Inc CUSIP: 203372107 126 65 Shares DBS Group HLDGS SPN CUSIP: 23304Y100 127 352 Shares De11 Inc CUSIP: 247028101 128 76 Shares Davits Inc CUSIP: 23918K108 129 45 Shares Dresser Rand Group Inc CUSIP: 261608103 Total (Carry forward to main schedule) 21 09 00182 Value at Date of Death 33 2,476 11 2,289 1,701 4,571 13 1,565 7,937 224 1,727 3,567 3,596 841 3.551 Estate of: Drue S. McInnes Schedule B (Page 13) Item No. Description 130 476 Shares Discover FINL SVCS CUSIP: 254709108 131 91 Shares Deere Co CUSIP: 244199105 Dividend accrued on 1/24f2008 132 168 Shares Disney (Walt) Co Com CUSIP: 254687106 133 39 Shares R R Donnelley Sons CUSIP: 257867101 Dividend accrued on 1/24/2008 134 83 Shares Family Dollar Stores CUSIP: 307000109 135 26 Shares Factset Resh SYS Inc CUSIP: 303075105 136 69 Shares Fortune Brands Inc CUSIP: 349631101 137 94 Shares France Telecom ADR CUSIP: 35177Q105 138 64 Shares Fomento ECNMCO MEX SPADR CUSIP: 344419106 139 46 Shares Forward Air Corp CUSIP: 349853101 140 100 Shares Fedex Corp Deleware CUSIP: 31428X106 Total (Carry forward to main schedule) 21 09 00182 Value at Date of Death 3,511 3,304 25 3,481 391 10 2,266 1,060 2,543 2,311 1,843 866 5,466 ~-, ~~~ Estate of: Drue S. McInnes Schedule B {Page 14) Item No. Description 141 66 Shares Federated Investrs B CUSIP: 314211103 142 91 Shares OAO Gazprom SPON ADR CUSIP: 366287207 143 74 Shares General Mills CUSIP: 370334104 Dividend accrued on 1/24/2008 144 18 Shares Google Inc CUSIP: 38259P508 145 138 Shares Gamestop Corp CUSIP: 36467W109 146 56 Shares GDE' Suez ADR CUSIP: 36160B105 147 54 Shares Genzyme Corporation CUSIP: 372917104 148 82 Shares Gilead Sciences Inc CUSIP: 375558103 149 49 Shares Goodrich Corporation CUSIP: 382388106 150 175 Shares Home Depot Inc CUSIP: 437076102 151 104 Shares Illinois Tool Works Inc CUSIP: 452308109 152 104 Shares IPC Holdings LTD CUSIP: G4933P101 Total (Carry forward to main schedule) 21 09 00182 Value at Date of Death 1,232 1,161 4,397 32 5,781 3,527 2,274 3 , 650 3,973 1,841 3,871 3,436 2,821 ~o n~~ Estate of: Drue 5. McInnes Schedule B (Page 15) Item No. Description 153 101 Shares Infosys Tech LTD CUSIP: 456788108 154 965 Shares INTEL Corp CUSIP: 458140100 155 63 Shares INTL Business Machines CUSIP: 459200101 156 177 Shares ICAP PLC Sonsored ADR CUSIP: 450936109 Dividend accrued on 1/24/2008 157 66 Shares Jacobs ENGN GRP Inc DELA CUSIP: 469814107 158 25 Shares Lukoil Sponsored ADR CUSIP: 677862104 159 21 Shares Lincoln Elec Hldgs Inc CUSIP: 533900106 160 219 Shares Legg Mason Inc CUSIP: 524901105 161 218 Shares Lowe's Companies Inc CUSIP: 548661107 Dividend accrued on 1/24j2008 162 185 Shares Morgan Stanley CUSIPr. 617446448 163 179 Shares Marriott Intl Inc New A CUSIP; 571903202 21 09 00182 Value at Date of Death 2,651 12,685 5,681 1,229 21 2,666 801 908 4,110 4,417 19 3,444 3,085 Total (Carry forward to main schedule) 4i ~~~ Estate of: Drue S. McInnes Schedule B (Page 16) Item No. Description 164 103 Shares Monsanto Co New Del Com CUSIP: 61166W101 Dividend accrued on 1/24/2008 165 73 Shares McAfee Inc CUSIP: 579064106 166 174 Shares Mylan Inc CUSIP: 628530107 167 75 Shares Nintendo Ltd Adr CUSIP: 654445303 168 105 Shares Nice Systs Ltd Spsd Adr CUSIP: 653656108 169 71 Shares National-Oilwell Varco Inc CUSIP: 637071101 170 55 Shares Novartis Adr CUSIP: 66987V109 171 136 Shares New York Cmty Bancorp CUSIP: 649445103 172 182 Shares Nomura Hldgs Inc CUSIP: 65535H208 173 254 Shares Nuance Communications Inc CUSIP: 67020Y100 174 99 Shares Nalco Hldg Co CUSIP: 62985Q101 175 82 Shares Nestle S A Rep Rg Sh Adr CUSIP: 641069406 Total (Carry forward to main schedule) 21 09 00182 Value at Date of Death 8,148 25 2,217 1,911 3,114 2,058 1,825 2,490 1,669 1,255 2,595 1,020 2,873 31.2~n Estate of: Drue S. McInnes Schedule B (Page 17) Item No. Description 176 41 Shares Nike Inc C1 B CUSIP: 654106103 177 16 Shares Novo Nordisk A S Adr CUSIP: 670100205 178 220 Shares Omnicom Group Com CUSIP: 681919106 179 294 Shares Oracle Corp CUSIP: 68389X105 180 173 Shares Owens I11 Inc CUSIP: 690768403 181 32 Shares Princeline Com Inc CUSIP: 741503403 182 62 Shares Prosperity Bancshares CUSIP: 743606105 183 61 Shares Petrohawk Energy Corp CUSIP: 716495106 184 83 Shares Pactiv Corporation CUSIP: 695257105 185 67 Shares Petrleo Bras Vtg Spd CUSIP: 71654V408 186 68 Shares Price T Rowe Group Inc CUSIP: 741947108 187 82 Shares Patterson Cos Inc CUSIP: 703395103 Total (Carry forward to main schedule) 21 09 00182 Value at Date of Death 1,870 812 5,649 4,965 3,652 2,180 1,524 1,178 1,754 1,631 1,986 1,482 7R FRS Estate of: Drue S. McInnes Schedule B (Page 18) Item No. Description 188 122 Shares Peoples United Fnl Inc CUSIP: 712704105 189 82 Shares Phillips Vna Heusen CUSIP: 718592108 190 42 Shares Pitney Bowes Inc CUSIP: 724479100 191 42 Shares Praxair Inc CUSIP: 74005P104 192 30 Shares Precision Castparts CUSIP: 740189105 193 248 Shares Qualcomm Inc CUSIP: 747525103 194 127 Shares Raymond James Finl Inc CUSIP: 747525103 195 30 Shares Rofin Sinar Tech Inc CUSIP: 775043102 196 54 Shares Ralcorp Hldgs Inc New CUSIP: 751028101 197 62 Shares Range Resources Corp Del CUSIP: 75281A109 198 18 Shares Reinsurance Group America CUSIP: 759351604 199 78 Shares Roche Hldg Ltd Spn Adr CUSIP: 77195104 Total (Carry forward to main schedule) 21 09 00182 Value at Date of Death 2,085 1,506 937 2,518 1,868 9,023 2,179 491 3,159 2,156 677 2,866 7Q dGS Estate of: Drue S. McInnes Schedule B (Page 19) Item No. Description 200 55 Shares Ross Stores Inc Com CUSIP: 778296103 201 101 Shares Sap Akgsltt Sponsord Adr CU5IP: 803054204 202 52 Shares Schein (Henry) Inc Com CUSIP: 806407102 203 34 Shares Superior Energy Svcs Inc CUSIP: 868157108 204 36 Shares Silgan Hldgs Inc Com CUSIP: 827048109 205 136 Shares 5tarwood Hotels and Resorts Worldwide Ne CUSIP: 85590A401 206 28 Shares Siemens Ag Adr CUSIP: 826197501 207 509 Shares Sumitomo Tr & Bkg Spdadr CUSIP; 865625206 208 389 Shares Schering Plough Corp CUSIP: 806605101 209 322 Shares Schwab Charles Corp New CUSIP: 808513105 210 66 Shares Smith-Nphw Plc Spadr New CUSIP: 83175M205 211 33 Shares Syngenta Ag Adr CUSIP:. 87160A100 Total (Carry forward to main schedule) 21 09 00182 Value at Date of Death 1,723 3,413 1,912 528 1,664 2,202 1,528 2,329 7,384 4,615 2,177 1,279 30 _'lSd Estate of: Drue S. McInnes Schedule B (Page 20) Item No. Description 212 56 Shares Sra International Inc A CUSIP: 784648105 213 49 Shares J M Smucker Co CUSIP: 832696405 214 360 Shares Sumitomo Corp Sp Adr CUSIP: 865613103 215 190 Shares 5yniverse Hldgs Inc CUSIP: 87163F106 216 151 Shares Sandridge Energy Inc CUSIP; 80007P307 217 176 Shares Southwestern Energy Co CUSIP: 845467109 218 78 Shares Sybase Inc Com CUSIP: 871130100 219 53 Shares Total S.A. Sp Adr CUSIP: 89151E109 220 175 Shares Tesco Plc Spnrd Adr CUSIP: 881575302 221 13 Shares Teleflex Inc CUSIP; 879369106 222 212 Shares Texas Instruments CUSIP: 882508104 223 79 Shares Tokio Marine Holdings CUSIP: 889094108 Total (Carry forward to main schedule) 21 09 00182 Value at Date of Death 914 2,149 3,092 2,600 1,069 5,502 1,971 2,548 2,593 659 3,132 1,933 7R 7 ~7 Estate of: Drue S. McInnes Schedule B (Page 21) Item No. Description 224 318 Shares Taiwan S Manufctring Adr CUSIP: 874039100 225 294 Shares Time Warner Inc CUSIP: 887317105 226 22 Shares Treehouse Foods Inc Com CUSIP: 89469A104 227 141 Shares TD Ameritrade Hldg Corp CUSIP: 87236Y108 228 38 Shares Tyco Electronics Ltd CUSIP: G9144P105 Dividend accrued on 1/24/2008 229 29 Shares Terex Corp Del New Com CUSIP: 880779103 230 103 Shares Union Pacific Corp CUSIP: 907818108 231 38 Shares Vectren Corp Indiana Com CUSIP: 922406101 232 135 Shares Viacom Inc New C1 B CUSIP„ 92553P201 233 94 Shares Vodafane Group Plc New CUSIP: 92857W209 Dividend accrued on 1/24/2008 234 122 Shares Visa Inc CL A Shrs CUSIP: 928260839 21 09 00182 Value at Date of Death 2,399 2,754 592 1,649 592 6 410 4,396 966 2,043 1,720 33 5,307 Total (Carry forward to main schedule) ~~ n~~ Estate of: Drue S. McInnes Schedule B (Page 22) Item No. Description 235 67 Shares Wadddell & Reed Finl A CUSIP: 930059100 Dividend accrued on 1/24/2008 236 72 Shares Waste Connections Inc CUSIP: 941053100 237 154 Shares Wendys Arbys Group Inc CUSIP: 950587105 238 114 Shares XTO Engergy Inc CUSIP: 98385X106 239 52 Shares Wal-Mart Stores Inc CUSIP: 931142103 240 164 Shares Walgreen Co CUSIP: 931422109 241 29 Shares Westpac Banking Adr CUSIP: 961214301 242 72 Shares Weyerhaeuser Co CUSIP; 962166104 243 273 Shares Williams Companies Del CUSIP: 969457100 244 101 Shares Willis Group Hldings Ltd CUSIP: 696655108 245 48 Shares Westar Energy Inc CUSIP: 957097100 Total (Carry forward to main schedule) 21 09 00182 Value at Date of Death 953 13 2,028 823 4,102 2,517 4,393 1,381 2,027 3,707 2,415 945 25_~na Estate of: Drue S. McInnes Schedule B (Page 23) Item No. Description 246 15,000 Par CD Cole Taylor Bank - 2.75 - 02/11/2009 CUSIP: 193296TE0 Interest accrued to 1/24/2008 247 15,000 Par CD JPMorgan Chase Bk - 2.80 - 03/11/2009 CUSIP: 939371VQ0 Interest accrued to 1/24/2008 248 50,000 Par STH Carolina Jobs-EDA - 4.0~ - 08/01/2019 CUSIP: 83703EKT1 Interest accrued to 1/24/2008 249 1,240 Shares Automatic Data Proc CUSIP: 0530'5103 250 550 Shares Exxon Mobil Corp CUSIP: 302316102 251 1,200 Shares Emerson Elec Co CUSIP: 291011104 252 4,030 Shares Fulton Finl Corp PA CUSIP: 360271100 253 4,000 Shares Blackrock Hlth Sciences Trust CUSIP; 09250W107 254 1,600 Shares General Electric CUSIP: 369604103 Dividend accrued on 1/24/2008 255 1,200 Shares Hershey Company CUSIP: 427866108 256 1,400 Shares PPL Corporation CUSIP: 693517106 Total (Carry forward to main schedule) 21 09 00182 Value at Date of Death 15,005 152 15,018 155 46,065 961 45,954 42,985 39,558 28,815 82,640 19,952 496 42,000 44,807 424.56' Estate of: Drue S. McInnes Schedule B (Page 24) Item No. Description 257 4,115 Shares Pengrowth Energy Tr CUSIP: 706902509 258 840 Shares PNC Fincl Services Group CUSIP: 693475105 259 3,000 Shares Inergy L.P. CUSIP: 456615103 260 16,056.519 Shares Oppenheimer Limited Term CUSIP: 683957104 261 91.981 Shares Allianz FDS CUSIP: 018920702 262 120.251 Shares Hartford-Fortis Ser Fd Inc CUSIP: 416529881 263 200.995 Shares Advisors Inner Circle FD CUSIP: 0075M261 264 84.191 Shares AIM Intl Mut Fds CUSIP: 008882102 265 122.499 Shares Davis NY Venture Fd Inc CUSIP: 239080401 266 123.087 Shares Matthews Intl Fds CUSIP: 577130867 267 37.278 Shares Neuberger & Berman Equity CUSIP: 640917100 268 76.124 Shares Federated Equity Fds CUSIP: 314172636 Total (Carry forward to main schedule) 21 09 00182 Value at Date of Death 36,058 25,477 65,580 209,056 1,130 1,983 2,098 1,450 2,636 1,109 1,075 1,007 348.659 Estate of: Drue S. McInnes Schedule B (Page 25) Item No. Description 269 175.859 Shares Baron Select Funds CUSIP: 06828M108 270 204.351 Shares Natixis Fds Tr 1 CUSIP: 638728103 271 65.067 Shares Ivy Fds Inc CUSIP: 466000726 272 121.697 Shares Artio Global Invt Fds CUSIP: 481370872 273 44,000 Par FNMA P938289 - 5.50 - 07/01/2037 CUSIP: 31412X2W3 Interest accrued to 1/24/2008 274 19,000 Par FNMA P888356 - 5.50 - 03/01/2022 CUSIP: 31410F5R2 Interest accrued to 1/24/2008 275 18,000 Par FNMA P952190 - 6.50 - 10/01/2037 CUSIP: 31414QKB3 Interest accrued to 1/24/2008 276 25,000 Par FNMA P889260 - 5.0~ - 04/01/2038 CUSIP: 31410G5V1 Interest accrued to 1/24/2008 277 Vanguard 278 125.17 Shares Mutual SER FD Inc Discovery Z 279 7,000 Shares Blackrock Dfnd Oppr CrTr Total (Carry forward to main schedule) 21 09 00182 Value at Date of Death 1,973 1,451 1,172 1,054 40,918 321 14,415 112 15,863 145 24,859 178 279,045 2,763 65,730 449_AQo REV-7 508 EX + (6-98) SCHEDULE E COMMONWEALTH OF PENNSYLVANIA CASH, BANK DEPOSITS, & MISC. INHERITANCE TAX RETURN RESIDENT DECEDENT PERSONAL PROPERTY ESTATE OF FILE NUMBER Drue S. McInnes 21 09 00182 Include the proceeds of litigation and the date the proceeds were received by the estate. 3wa6AD 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 8 MISC. NON-PROBATE PROPERTY ESTATE OF FILE NUMBER Drue S. McInnes 21 09 00182 This schedule must be completed and filed if the answer to any of questions 1 through 4 on the reverse side of the REV-1500 COVER SHEET is yes. ITEM NUMBS DESCRIPTION OF PROPERTY INCLUDE=T}ENMAE OF7FETRANSFEREE,THEIRRELATIONSHIPTODECEDEMAND 7FE DATE OF TRPAISFFR. ATTACHACOPY OF 7HE DEED FOR REAL ESTATE. DATE OF DEATH VALUE OF ASSET %OFDECD'$ INTEREST EXCLUSION IF APPLICABLE TAXABLE VALUE 1• Merrill Lynch IRA - children are beneficiaries 20,960 100.0000 0 20,960 TOTAL (Also enter on line 7, Recapitulation) ~ $ 0,960 jlf more space is needed, insert additional sheets of the same size) 3Wg6AF 1.000 REV-1511 EX+(10-06) SCHEDULE H FUNERAL EXPENSES ~ COMMNHER AINCETAX RETURN ANIA ADMINISTRATIVE COSTS RESIDENT DECEDENT ESTATE OF FILE NUMBER Drue S. McInnes 21 09 00182 Debts of decedent must be reported on Schedule I. ITEM NUMBER DESCRIPTION AMOUNT A, FUNERAL EXPENSES: ~ Blooms - Steve Molley 623 2 West Shore Country Club 3,348 B. 1 Total from continuation schedules ~ 10,383 ADMINISTRATIVE COSTS: Personal Representative's Commissions Name of Personal Representative(s) Street Address City State Zip 2. Attorney Fees 3. Family Exemption: (If decedent's address is not the same as claimant's, attach explanation) Claimant Harold A.B McInnes Street Address 206 Winding Way City Camp Hill State PA Zip 17011 Relationship of Claimant to Decedent SPOUSE 4. Probate Fees 5, ,Accountant's Fees 6. Tax Return Preparer's Fees 7. None Year(s) Commission Paid: 20,000 3,500 1,380 TOTAL (Also enter on line 9 Recapitulation) ~ $ 39 , 234 7W46AG 5.000 (If more space is needed, insert additional sheets of the same size) Estate of: Drue S. McInnes Schedule H Part 1 (Page 2) 21 09 00182 Item No. Description Amount 3 Rodney E. Owens 150 4 MUsselman Funeral Home g,ggg 5 Rolling Green Cemetary 1,345 Total (Carry forward to main schedule) 10.383 REV-1512 EX+(12.08) SCHEDULE pennsylvania DEPARTMENT OF REVENUE DEBTS OF DECEDENT, INHERITANCE TAX RETURN MORTGAGE LIABILITIES 8~ LIENS RESIDENT DECEDENT ESTATE OF FILE NUMBER Drue S. McInnes 21 09 00182 Report debts incurred by the decedent prior to death that remained unpaid at the date of death, including unreimbursed medical expenses. BW46AH 2.000 If more space is needed, insert additional sheets of the same size. REV-1513 EX+(11-08) SCHEDULE J pennsylvania DEF'ARTMEMOF REVENUE BENEFICIARIES INHERITANCE TAX RETURN RESIDENT DECEDENT ESTATE OF F1LE NUMBER Drue S- McInnes ~'I no nn~t27 RELATIONSHIP TO DECEDENT AMOUNT OR SHARE NUMBER NAME AND ADDRESS OF PERSON(S) RECEIVING PROPERTY Do Not List Trustee(s) OF ESTATE TAXABLE DISTRIBUTIONS linclude outright spousal distributions, and transfers under Sec. 2116 (a) (1.2).] 1, Harald A.B. McInnes 260 Winding Way Camp Hill, PA 17011 'Life Estate in House 41,607 Surviving Spouse 41,607 2 Lee F, Maxwell 1989 Timber Court Gurnee, IL 60031 0~ of Residue: 724,277 Daughter 724,277 3 Lisa F. Moley 735 Vista Drive Camp Hill, PA 17011 0~ of Residue: 724,277 Daughter 724,277 ENTER DOLLAR AMOUNTS FOR DISTRIBU110NS SHOWN ABOVE ON LINES 15 THROUGH 1 8 OF REV-1500 COVER SHEET, AS APP ROPRIATE. {{ 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. $ Q awasni z.ooo Ir more space Is needed, insert adoitlonal sheets of the same size. Estate of: Drue S. McInnes 21 09 00182 Schedule J Part 1 (Page 2) Item No. Description Relation Amount 4 Stewart L. Fenton 353 Willow Avenue Camp Hill, PA 17011 One Third of Residue: 724,277 Son 724,277 REV-1514 EX+ (12-03) COMMONWEALTH OF PENNSYLVANIA INHERITANCE TAX RETURN ESTATE OF SCHEDULE K LIFE ESTATE, ANNUITY 8~ TERM CERTAIN ck FILE NUMBER Drue S. McInnes 21 09 00182 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 from 5-1-89 to 4-30-99, and in Aleph Volume for dates of death from 5-1-99 and thereafter. Inrt;~atP tt,P t".,P r,t ;nstriimant which r•.reated the future interest below and attach a conv to the tax return. X^ Will ^ Intervivos Deed of Trust ^ Other NAME(S) OF LIFE TENANT(S) DATE OF BIRTH NEAREST AGE AT DATE OF DEATH TERM OF YEARS LIFE ESTATE IS PAYABLE Harold A.B. McInnes 09j17/1927 81 X Life or Term of Years Life or Term of Years Life or Term of Years Life or Term of Years Life or Term of Years 1. Value of fund from which life estate is payable .... .. ... $ 252, 378 2. Actuarial factor per ap ro riate table ... .. ... .. .. ... 0.16486 Interest table rate - ^ 3 1/2% ^ 6°i° ^ 10% ~ Variable Rate 2.40000% 3. Value of life estate (Line 1 multiplied by Line 2y ... .. .. .. $ 41 , 607 NAME(S) OF LIFE ANNUITANT(S) DATE OF BIRTH NEAREST AGE AT DATE OF DEATH TERM OF YEARS ANNUITY IS PAYABLE Life or Term of Years Life or 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 Monthly (12) ^ Quarterly (4) ^Serni-annually (2) ^ Annually (1) Other ( ) 0 3. Amount of payout per period .. .. $ 4. Aggregate annual payment, Line 2 multiplied by tine 3 .. .... .... . . 5. Annuity Factor (see instructions) Interest table rate -^ 3 1 /2% ^ 6% ^ 10% ^ Variable Rate 0 .00000 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 , .. ... .... .... .. .. $ u 0.000 0 0 0.00000 0.00000 0 0 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 and 15 through 18. (If more space is needed, insert additional sheets of the same size) 3WA6AJ 3.000 ~a~'t ~iCZ ~rtb ~e~t~n~er~t OF DRUE S. McINNES I, DRUE S. McINNES, of Cumberland County, Pennsylvania, do make, publish and declare this to be my Last Will and Testament, hereby revoking all Wills and Codicils by me at any time made. 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 the Executor to pay the expenses of my last illness and funeral expenses from the residue of my estate as an expense and cost of administration of my estate. ITEM III: I may leave a written list in my safe deposit box or elsewhere disposing of certain items of my tangible personal property. The Executor shall dispose of items of my personal property as specified in the written list. If no written list is found in my safe deposit box or elsewhere and properl~T identified by the Executor within thirty (30) days after the probate of my Will, it shall be presumed that there is no other statement or list. Any subsequent discovered list shall be ignored. Page 1 "'1~'~' I give to my children, who survive me, any tangible personal property not set forth in a written list, to be divided among them as they shall agree. If my children are unable to agree, the Executor shall divide this property among my children in as nearly equal portions as the Executor, in the sole discretion of the Executor, deems practical, having due regard to the personal preferences of my children. ITEM IV: If my husband, HAROLD A. B. MCINNES, (herienafter "my Husband") shall survive me, he shall be permitted to use my house at 260 Winding Way, Lower Allen Township, Cumberland County, Pennsylvania, for as long as he is desirous or capable subject to the following (a} So long as my Husband is living in the house at 260 Winding Way, he shall be entitled to use all of the household goods and furnishings contained therein which belong to me. (b) My Husband's entitlement to use the aforementioned house and personal property shall be subject to the condition that he pay the cost of taxes, fire insurance and reasoable upkeep and maintenance, together with all other municipal claims and charges z'elating to the ownership and occupancy of the house. (c) Harold A. B. McInnes's rights under this Will shall not be terminated in the event that he remarries. (d) At the death of Harold A. B. McInnes or at such time as he is no longer willing or able to maintain his personal residence in the house, Page 2 ~' ~ the house and its contents shall be disposed of in accordance with Item V of my Will. ITEM V: I give the residue of my estate, not disposed of in the preceding portions of this Will, to my husband, HAROLD A. B. McINNES, and ,ALLFIRST NATIONAL BANK, as successor Co-Trustees, IN TRUST, to be administered and distributed in accordance with the term~f an Agreement of Trust executed by me as Trustee and by me as Settlor on the ~`~'" day of ~ ~ , 2002. I confirm and ratify this Agreement of Trust in every respect. ITEM VI: 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 v~~ithout being limited by any statute ar rule of law regarding divestments 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 3 ~' c 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 purchasers}, 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 chaz•ges 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. Page 4 ~`'~ ~ rn (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. (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 administrative expenses to income or to principal, as the Executor deems appropriate. However, no allocation to income shall be made if the effect of the allocation is to cause a reduction in the amount of any estate tax marital deduction or estate tax charitable deduction. (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, v~~ithout affecting the compensation to which the Executor is entitled. Page 5 ~-~ m G (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. ITEM VII: Should my said husband, HAROLD A. B. McINNES, by Will or Agreement of Trust, establish Trusts similar to the Trusts I have established for the benefit of my issue, the Trustee of each Trust created in this Will shall have the right to merge it with the similar Trust created by my Husband for the same beneficiaries. If merged, the Trustee shall operate the merged Trusts as a single Trust. ITEM VIII: 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 m.e. ITEM 1X: I appoint my husband, HAROLD A. B. McINNES, to be the Executor. In the event of his death, inability or refusal to serve, I appoint my children, STEWART L. FENTON, LEE F. MAXWELL and LISA F. MOLEY, to be the Co-Executors. The Executor(s) are specifically relieved from the obligation of filingbond or entering security. Page 6 '"' ~ IN WITNESS WHEREOF, I have set my hand and seal to this, my Last Will and Testament, consisting of this and the preceding five (5) pages, at the end of each page of which I have also set my initials for greater security and better identification this ~°''day of ~ ~ , 2002. ! T'Jr,~.r.a. .d1~ r~? ~~ (SEAL) DRUE S. McINNES 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 ofs/ound and disposing mind and memory. `~ l ~. / /~ y_ ) `~ ~~ '~EAI;) Residing at ~~ ~E-r,, ~r /-, y. _ , (SEAL) Residing at (SEAL) Residing at ~~ti~ld, /C~L~7~ ~/ ~. Page 7 COMMONWEALTH OF PENNSYLVANIA COUNTY OF p~ ~~P~-lr1v SS. We, DRUE S. McINNES, the testatrix, and ~ I'"~- ° r ~~ ~%crc, and ~ the witnesses, whose .~ names are signed to the attached or foregoinginstrument, beingfirst duly sworn, do hereby declare to the undersigned authority that the testatrix signed and executed the instrument a.s 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 grid under no constraint or undue influence. DRUE S. McINNES~ WI'I~E$S ~ ~ ~ ;`l _ ~~ WITN S ~~ \ Subscribed, sworn to and acknowledged before me by DRUE S. McINNES, the testa rix, and subscribed and sworn to befo//re me by ~c•(-~';.-~,~ ~~ . ~',~ ~, , ~ r , ~ ~ / ~ and I'~ t~ ~ x ~~t ~ ~~~nCK_'_r i~ /1~n'y , VI~1tneSSeS, tl"11S '~ ~ `, ra, ~ U v~ ~~ day of J U. ~„ . , 200 . Notary Public (SEAL) Page S Notarial Seal Melisa M. Lucas, Notary Public City of Harrisburg, Dauphin County ]viy Commission Expires Oct. 13. 2003 PERSONAL MEMORANDUM TO LAST WII.L AND TESTAMENT OF DRUE S. McINNES DATED: PERSON TO RECEIVE ITEM DESCRIPTION OF ITEM :298556 1 ..." ~ i., ~.~~-.~~.~ ax vv V~JUJlCJt ATTORIJ EYS AT LAW f-iARRISHURG. PENNSYLVANIA 17110-D950 REVOCABLE TRUST AGREEMENT THE DRUE S. McINNES REVOCABLE TRUST f` THIS AGREEMENT is made and entered into this ~~ day of V ~ f~ , 2002, by and between DRUE S. McINNES, of Cumberland County, Pennsylvania, as Settlor (the "Settlor"), and DRUE S. McINNES, as Trustee (the "Trustee"). WITNESSETH: WHEREAS, the Settlor may be desirous in the future of placing the active management and control of certain property 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: ARTiCL~ O~ TRUST ASSETS ~i.l The Settlor, or any other party or person, may f~~om time to time make policies of insurance on the Settlor's life, indi~~idual 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 ~~vos g~•ant or by V~rill. 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, IN TRUST N.IJ'VERTI-IELESS, in accordance udth the provisions of this instrument and any amendments hereto. ARTICLE Two Definitions §2.1 The following terms shall have the meanings designated below: §2.1.1 "Settlor's Husband" shall mean her husband, HAROLD A. B. McINNES. §2.1.2 "Settlor's Issue" shall mean: §2.1.2.1 Her living children, STEWART L. FENTON, LEE F. IV2?~XWELL and LISA F. MOLEY. §2.1.2.2 Her grandchildren, KYLE S. MA~TWELL, CHRISTOPHER S. MA~i'WELL, PATRICK D. MA~'WELL, ALISON B. FLYNN, KATIE L. FLYNN, COREY E. FLYNN and ASHLEY L. FENTON. ARTICLE THR.IJI; i DuRIIVG Txc SETrLOR'S L ~ ~~~ §3.1 During the Settlor's lifetime, the Trustee shall have, hold, manage, invest and reinvest the Trust Assets, collect the income, and -2- i §3.x.1 The Trustee shall pay or apply the entire net income as the Settlor may from time to time direct in uniting. The Trustee shall also payto the Settlor such sums from vrportions 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. §3.x.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 sale discretion, shall deem necessary from time to time to pro~~ide for the proper maintenance, support, education, medical, hospital, nursing or nursinghame care of the Settlor and her dependent children. ARTICLE FOUR UPON THE SETTLOR'S DEATH §4.1 Upon the death of the Settlor, the Trustee shall di~dde and distribute the balance of the Trust Assets as follows: §4.1.1 If the Settlor's Husband sur~dves 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 other~~ise payable) available against such tax, assuming that an election were made to quali fy all qualified. tez~inable interest propert}J, ether than the trust provided for under Article Five of this Agreement, for the federal estate tax maa~ital deduction whether or not such election is actually made. This trust may be composed of cash, or parl;ly of cash and partly of property in kind, shall be funded only with property which qualifies for the federal -3- estate tax marital deduction in the Settlor's estate, valued at the date of distribution, and which, to the ea~tent 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 §4.1.1 treated as qualified terminable interest property in order to qualify such portion or all of the propertyfor 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 §4.1. ~ also held and administered as a separate trust estate or may be held and maintained by the Trustee v~dth 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 Five hereof (the '7Vlarital Trust"). §4.1.2 The Trustee shall retain in trust such of the Trust Assets as shall not have been retained pursuant to the preceding §4.1.1, to be held, administered and disposed of in accordance v~~ith the provisions of Article Six hereof (the "Applicable Credit Trust") . ARTICLE ~~ MARITAL TRUST §5.1 If the Settlor's Husband survives her, the Trustee shall hold the Marital Truss, in a separate trust during the life of Settlor's Husband upon the follo~dng terms and conditions: -4- §5.1.1 Trustee shaD 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. §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, determines is the amount necessary or appropriate for Settlor's Husband's health, maintenance and support. §5.1.3 In no event and at no time duringthe life of Settlor's Husband shall Trustee pay to or apply for the benefit of any person (other than Settlor's Husband} anyportion of the principal of this Trust. §5.1.4 Notwithstandinganythingcontrarycontainedinthis Marital Trust, Settlor directs that (a) in establishing the Marital Trust for his Husband under this Article Five, 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. §5.i.5 If Settlor has any unused Generation Shipping Transfer Tai ("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 her death and (ii) a denominator equal to the value of the balance of this Trust at her -5- e r' 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 pro~dsions 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(x)(9) of the Code over the combined income of Marital Trust 1 and Marital Trust 2 for any taxable year) shall be paid solelyfrom 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 her death for the purpose of establishingthegroper fractional share of each Marital Trust under this subparagraph 5.1.5. §5.2 Upon the death of Settlor's Husband, §5.2.1 Trustee shall pay to the estate of Settlor's Husband an mount, as directed by the Trustees, equal to the sum of (a) any accrued but undistributed income as of the date of his death, and (b) such sum or sums from the principal of this Trust as may be directed by subparagraph §5.1.5 of this Article Five as the executor of Settlor's Husband's estate may request, in v~~iting, for any death taxes payable by reason of his 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 Trust. "Death taxes", as used in this subparagraph, shall include interest and penalties thereon. §5.2.2 The Executor shall notify the Trustee of the amount, if any, payable by Trustee under subparagraph §5.2.1 of this Article Five. For this purpose, the Trustee shall rely upon the directions received from the executors of Settlor's Husband's estate. §5.2.3 Upon the death of the sur«vor of the Settlor and the Settlor's Husband, the Trustee shall distribute the balance of the Trust proper= to the Settlor's issue, per stirpes, with any share allocable to a beneficiary under the age of thirty (30) years being held in continued trust for the benefit of such beneficiarJ~ in accordance with the provisions of Article Seven hereof (the "Issue's Trust"). ARTICLE SL1 APPLICABLE CREDI'T' TRUST §6.1 The Trustee shall have, hold, manage, invest and reinvest the assets of the Applicable Credit Trust, collect the income and the Trustee shall distribute the balance of the Trust property to the Settlor's issue, per stirpes, with any share allocable to a beneficiary under the a,ge of thirty (30) years being held in continued trust for the benefit of such beneficiary in accordance with the provisions of Article Seven hereof (the "Issue's Trust") ARTICLE SEVEN ISSUE'S TRUST §7.1 The Trustee shall have, hold, manage, invest and reinvest the assets of the Issue's Trust, collect the income and §7.1.1 While the beneficiary of the Issue's Trust (the "Beneficiary") is under twenty-one (21) ,years of age, the Trustee 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 f1~om time to time deem necessary or propex• for the Beneficiary's health, maintenance, support and complete education, including prepai~atoly, college and graduate education, and professional, vocational or technical training, taking hito account other available funds, including the Beneficiar5~s assets. The Trustee shall annually accumulate any net income not so distributed and add the same to the principal of the trust properly. -7- §7.1.2 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 frequentlyif 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, tal~ng into account other available funds, including the Beneficiary's assets. §7.1.3 At any time after attaining the age of twent3~ one (21) years, a Beneficiary may withdraw such sums as do not exceed one third (~/s) of the market value of the principal of the Issue's Trust as constituted on the Beneficiary's twent3T first (2~st) birthday. §7.1.4 At any time after attaining the age of twenty-five (25) years, a Beneficiary may withdraw such sums as do not exceed one-half (1/2) of the market value of the principal of the Issue's Trust as constituted on the Beneficiary's twentST fifth (25th) birthday. §7.1.5 At any time after the Beneficiary attains the age of thirty (30) he or she may withdraw any or all of the then remaining balance of his or her trust. §7.1.6 If the Beneficiary dies before complete termination of the Issue's Trust, the Trustee shall distribute the property then held in trust as follows: §7.1.6.1 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 Beneficiary by his last -8- Will may appoint by specific reference to this general power of appointment. Anyproperty 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 twenty-five (25) years of age being held in continued trust in accordance with the provisions of this Article Seven. §7.1.6.2 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 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 regardingthe generation sl~ippingtransfer tax effects of such exercise. Any property not so appointed shall be di~~ided into shares for the Beneficiar3~'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 twenty-five (25) years of age being held in continued trust in accordance with the provisions of this Article Seven. -9- ARTICLE EIGHT APPOIN'I'Iv11;NT OF FIDUCIARIES §8. i Upon the death, resignation or incapacity of the Settlor to act as Trustee hereunder as certified in writingby the Settlor's then personal attendingphysician, the Settlor appoints the Settlor's Husband, HAROLD A. B. McIlVNES, and ALLFII~,ST NATIONAL BANK, as successor Co-Trustees. If Settlor's Husband shall fail or cease to act for any reason, the remaining Co-Trustee may serve as the sole Trustee. §8.2 The then income beneficiaries (or their natural or legal guardians) of all trusts 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 The Co-Trustees shall act by majority vote. Except for specific references herein to the "Individual" or "Corporate" Trustees, all references herein t;o the "Trustee" shall mean the originally appointed Tlvstee, the Individual and/or Corporate Co- Trustee, as the case maybe. -10- ARTICLE NIIVE POWERS OF FIDUCIARIES §9.1 No fiduciaryunder this Agreement shall be required to give bond or other security for the faithful performance of the fiduciary's duties. §9.2 Any such fiduciary shall have the followingpowers, in addition to those given bylaw: §92.1 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, if any property that forms a part of the principal of the trust(s) established by Article Five of this Agreement is unproductive, the Settlor's Husband may at any time and from time to time by a written notice require the Trustee of said trust(s) holding such unproductive property either to make any or all of such propertyproductive or to convert such propertywithin 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, v~~th or without security; §9.2.3 To borrow money from any person including any fiduciary actinghereunder, and to mortgage or pledge any real or personal property; §9.2.4 To hold shares of stock or other seeul•ities in nominee registration form, including that of a. clearing corporation or depository, or in book entry form or um•egistered or in such other form as will pass by delivery; §9.2.5 To make distributions in cash, or in kind at curr°ent values, or partly in each, allocating specific assets to particular -11- 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 trust 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 remainingtrust 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 trust 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 account 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 trust under Article Five hereof, the trust estate thereunder maybe 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 Five and Six of this Agreement any property that is not includible in the Settlor's estate for administration purposes, but which is paid directly f;o 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 fo1~n a part of the Settlor's gross estate for federal estate tax purposes shall be allocated to the trust established by Article Six of this Agreement and shall not be used for the payment of death taxes, debts or administration expenses; §9.2.9 To execute any ag7•eement relating to the disposition or redemption of any business interest that maybe a part of the trust estate, whether the same involves a. proprietary -12- 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 e~°penses, 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 v~dth 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; §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's 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 anyadverse estate, income or generation sl~ippingtransfer tax consequences; and §9.2.15 The Settlor's Executor is authorized to allocate any of the Settlor's exemption from federal generation shipping transfez~ tax under §2631 of the Code to any property as to which the Settlor is the deemed transferor under §2652(x) 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 bilidi7ig upon the -13- 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 sl~.pping 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. ARTICLE TEN BUSWESS INTERESTS §i0.1 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, controlled by the Trustee or owned in substantial part by the Trustee, the Trustee is authorized, subject to the terms of any agreement which the Settlor or the Trustee may have made for the sale of such 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 v~rith 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 exl;ent possible, any such business interest be continued or disposed of only in an orderly manner so as to maximize the proceeds of any -'14- disposition. If an election under the foregoingprovisions will effect such desire, the Trustee is encouraged to pursue such election if it 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 from 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 partnership, 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 from 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 POLICICS § ~ 1. ~ The Settlor and the Trustee shall have the following duties and rights 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 ex~f;ent otherwise eaTpressly 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, di~~idends, surrender -15- values and benefits of any hind 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 pulPose, 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 instrument shall be operative onlywith respect to the proceeds of such of the Policies as maybe 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 from liability on the Policies. §11.1.3 The Settlor agrees and directs that, upon her 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 maybe necessary, for the purpose of collecting any sums which maybe 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 az•ising 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. -1F- ARTICLE'I'WELVE PROVISION FoR Tams, DEBTS aND EXPENSES §~2.1 The Trustee may pay any of the Settlor's legally enforceable debts, any expenses of her last illness, funeral, burial and administrative expenses of her estate and estate taxes, inheritance taxes, transfer taxes and other taxes of a similar nature payable by reason 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 t'rustee's sole discretion, without reimbursement, out of the principal of that portion of Trust assets disposed of by of Article Six hereof. ARTICLE TI~ZTEEN REVOCABILITY §~3. ~ The Settlor may, by instrument in writing delivered to the Trustee, modify, alter or revoke this instrument in whole or in part; provided, however, that the duties, powers, compensation and liability of the Trustee shall not be changed v~dthout the v~~itten consent of the Trustee. -17- ARTICLI; FOURTEEN MISCELLANEOUS PROVISIONS §14.1 As used in this Agreement, the term "Code" shall mean the Internal Revenue Code of 1986, as amended from 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 maybe made in whole or in part to a 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 nei: income or principal in discharge of that legal obligation. I{'urthermore, no Trustee shall enter into any reciprocal aiTangement v~~th any other trustee for the puz~ose of indirectly exercising a. power prohibited hereunder. -18- ,x'14.4 Whenever the Trustee is directed to distribute propertyy 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 from 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 'I~ansfers 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 beneficiar3~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 pz°ovision shall not in anyway operate to suspend such beneficiar3~'s absolute ownership of such property or to prevent the absolute vestulgthereof in such beneficiary. §14.5 Except as otherwise may be provided in this Agreement, duz°ing the continuance of any of the trusts created hereunder and thereafter until the properf,,y is distributed to and received by any beneficiary hereunder, the principal stuns thus held i11 tzvst for any beneficiary, respectively, and the income thereof shall not be subject to or liable for ally contracts, debts, engagements, liabilities or torts of such beneficiary now or hereafter made, -19- contracted, incur7~ed or committed, but shall be absolutely free from the same, and such beneficiary shall have no power to sell, assign or encumber all or anypart of the principal sums or such beneficiary's interest therein, respectively, or the income thereof, or to anticipate the income. §1.4.6 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 perf ormed, 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 e~:piration of twenty-one (21) years after the death of the last survivor of the Settlor's Husband and issue living at the ~ettlor's death, the trusts created hereunder shall forthu~th terminate and the trust 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 oi' the trust property in proportion to theiz° respective interests therein or, if such >xlterests are not defined, in equal shares to such beneficiaries. § 14.8 This instrument and any trust created hereunder shall be governed by the laws of Pennsylvania and shaIl have .its sites in Dauphin County, Pennsylvania. _~n_ IN V~~ITNESS WHEREOF, the Settlor and the Trustee have hereunto affirmed their hands and seals and/or caused this instrument to be duly executed on the date and year first written above. SETTLOR: DRUE S. McINNES TRUSTEE: y 1~~ ~ I~eP~~ DRUE S. MciNNES -21 - THE DRUE S. McINNES REVOCABLE TRUST SCHEDULE A WTI'NESS: SETTLOR: DRUE S. McTNNES TRUSTEE; DRUE S. McINNES -22- COMMONWEALTH OF PENNSYLVANIA ) ss: COUIVTI' OF Oia ~~ r1}-~)1 ~l-' ) On this, the ~r t~ day of . ~ ~~ ~ ~ , 2002, before me, a notarypublic, the undersigned officer, personally appeared DRUE S. Mc1NNES, lmown to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and aclmowledged that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. ~~ Notary Public My Commission Expires: (SEAL) Notarial Seal Melisa M. Lucas, Notary Public City of Harrisburg, Dauphin County My Commission Expires Oct. 13, 2(?03 Member, Pennsylvania Association of Notaries :298567 ~ - 23 -