Loading...
HomeMy WebLinkAbout07-06-09 (2)s 15056041158 REV-1500 EX (06-05) PA Department of Revenue Bureau of Individual Taxes Po Box 2soso~ INHERITANCE TAX RETURN Harrisburg, PA 1 7 1 28-0601 RESIDENT DECEDENT OFFICIAL USE ONLY County Code Year File Number 21 08 00994 to i tlrc utc:tutN I INFVRMATION BELOW Social Security Number Date of Death 170-28-7811. 09192008 Decedent's Last Name Suffix OBER (If Applicable) Enter Surviving Spouse's Information Below Spouse's Last Name Suffix OBER Spouse's Social Security Number 195-24-1405 FILL IN APPROPRIATE BOXES BELOW 1. Original Return ^ 4. Limited Estate 6. Decedent Died Testate (Attach Copy of Will) ^ 9. Litigation Proceeds Received Date of Birth 1],241934 Decedent's First Name M I FLORENCE S Spouse's First Name M I ERNEST D THIS RETURN MUST BE FILED IN DUPLICATE WITH THE REGISTER OF WILLS ^ 2. Supplemental Return 0 4a. 7. ^ 10. Future Interest Compromise (date of death after 12-12-82) Decedent Maintained a Living Trust (Attach Copy of Trust) Spousal Poverty Credit (date of death between 12-31-91 and 1-1-95) ^ 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) GVKRESPVNDENT - THIS SECTION MUST 19E COMPLETED. ALL CORRESPONDENCE AND CONFIDENTIAL TAX INFORMATION SHOULD BE DIRECTED TO: Name Daytime Telephone Number GREGORY S- CHELAP, ESQ. 717-233-1000 Firm Name (If Applicable) REGISTER OF LLS USE ONI SKARLATOS & ZONARICH, LLP .,c- First line of address 17 S• 2ND ST- t cn Second line of address 6TH FLOOR ~ ,~„ City or Post Office State ZIP Code ~- ~ `~ HARRISBURG PA 17101 Correspondent's e-mail address: Under penakies of perjury, 1 declare that I have examined this return, including accompanying schedules and statements, and to the best of my knowledge and belief, it is t~rrect and complete. Declaration of preparer other than the personal representative is based on all information of which preparer has any knowledge CN AIA DC wr-RL~7"~w~ r+re+r~.~. .O ~~~~~..~~w~~ r~wr~yvai~~~ rvr[ r iunrv rct ~ urcrv DATE / ; ADDRESS s~ 1.034 WpR TRINDLE ROADoo~c~rwrreTn.r MECHANICSBURG, PA 17055 PLEASE USE ORIGINAL FORM ONLY 15056041158 Side 1 6M4647 3.000 15056041158 J "1',:+ . w..:E ,,..:.~ ~~- ~, `~.: ~~ ~~ t y~~ ~h.i ~~~ 150560421.59 REV-1500 EX Decedent's Social Security Number 170-28-7811 decedent's Name:O B E R FLORENCE S RECAPITULATION 1. Real estate (Schedule A) ............................. 1. 19 4101 • 0 0 2. Stocks and Bonds (Schedule B) . z. 7 4 4 6 3 4. 0 0 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 8 Miscellaneous Personal Property (Schedule E) . 5. 12 0 6 8 8 • 0 0 6. Jointly Owned Property (Schedule F) ~ Separate Billing Requested 6. 0 • 0 0 7. Inter-Vivos Transfers 8~ Miscellaneous Non-Probate Property (Schedule G) ~ Separate Billing Requested ..... 7. 16 9 8 5 6 • 0 0 8. Total Gross Assets (total Lines 1-7). 8. 2 9 2 7 9 0 0 9. Funeral Expenses & Administrative Costs (Schedule H) . 9. 0 • 0 0 10. Debts of Decedent, Mortgage Liabilities, 8~ Liens (Schedule I) . 10. 0 • 0 0 11. Total Deductions (total Lines 9 & 10) . 11. 0 • 0 0 12. Net Value of Estate (Line 8 minus Line 11) 12. 12 2 9 2 7 9 - 0 0 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. 12 2 9 2 7 9 - 0 0 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 olL . . 487683.00 15. 0.00 16. Amount of Line 14 taxable at lineal ratex.o4,5 741596.00 16. 33372.00 17. Amount of Line 14 taxable at sibling rate X .12 0. 0 0 17• 0. 0 0 18. Amount of Line 14 taxable at collateral rate X .15 0. 0 0 18• 0. 0 0 19. TAX DUE 19. 333?2 • 00 20. FILL IN THE BOX IF YOU ARE REQUESTING A REFUND OF AN OVERPAYMENT Side 2 L,~, 15056042159 sMasae2.ooo 15056042159 REV-1500 EX Page 3 4 Decedent's Complete Address File Number a~. nu nngq~ DECEDENTS NAME 0 R FLOR CE STREET ADDRESS M R A CITY M CHANICSBUR STATE ZI P Tax Payments and Credits: 1. Tax Due (Page 2 Line 19) (1) 3 3 3 7 2.0 0 2. Credits/Payments A. Spousal Poverty Credit 0 . 0 0 B. Prior Payments 3 0 0 0 0.0 0 C. Discount 15? 9.0 0 Total Credits (A + g + C) (2> 3 ], 5 ? 9.0 0 3. Interest/Penalty if applicable D. Interest 0 . 0 0 E. Penalty 0 . 0 0 Total InteresUPenalty (D + E) (3) 0 - 0 0 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. (4) 0 • 0 0 5. If Line 1 + Line 3 is greater than Line 2, enter the difference. This is the TAX DUE. (5) 17 9 3 - 0 0 A. Enter the interest on the tax due. (5A) 0 • 0 0 B. Enter the total of Line 5 + 5A. This is the BALANCE DUE. (5B) 17 9 3 • 0 0 Make Check Payable to: I~GISTER 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; ^ 0 b. retain the right to designate who shall use the property transferred or its income; ^ 0 c. retain a reversionary interest; or . ^ d. receive the promise for life of either payments, benefits or care? ^ ^X 2. If death occurred after December 12, 1982, did decedent transfer property within one year of death without receiving adequate consideration? . ^ 0 3. Did decedent own an "in trust for" or payable upon death bank account or security at his or her death? ^ 0 4. Did decedent own an Individual Retirement Account, annuity, or other non-probate property which contains a beneficiary designation? ^ ^ 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. X9116 (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-1502 EX+ (11-08) Pennsylvania DEPARTMENT OF REVENUE INHERITANCE TAX RETURN RESIDENT DECEDENT ESTATE OF SCHEDULE A REAL ESTATE FILE NUMBER Florence S. Ober 21 08 00994 All real 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. Attach a copy of the settlement sheet if the property has been sold. ITEM Include a copy of the deed showing decedent's interest if owened as tenant in common. VALUE AT DATE NUMBER DESCRIPTION OF DEATH 1. 13.16 Acre Farm and Residence 119,541 Decedent was the owner of an undivided one-half interest, as tenants in common with Ernest Ober. The real estate has been valued its assessed value of 210,830 adjusted by the CLR of 1.26 and discounted 10~ for lack of marketability. 2 Farmland (16.2 acres) 74,560 Decedent was the owner of an undivided one-half interest, as tenants in common with Ernest Ober. The real estate has been valued its assessed value of 131,500 adjusted by the CLR of 1.26 and discounted 10~ for lack of marketability TOTAL (Also enter on Line 1, Recapitulation.) ~ S 194 ,101 swasss z.ooo If more space is needed, insert additional sheets of the same size. REV-1503 EX+ (Cr9$) COMMONWEALTH OF PENNSYLVANIA INHERITANCE TAX RETURN RESIDENT DECEDENT SCHEDULE B STOCKS & BONDS ESTATE OF FILE NUMBER Florence S. Ober 21 08 00994 All property jointly-owned with right of survivorship must be disclosed on Schedule F. ITEM VALUE AT DATE NUMBER DESCRIPTION OF DEATH 1. 5,000 Par Chester County PA Hlth ~ Ed Rev Bond 5.35 matures 5/15/27 4,766 Interest accrued to 9/19/2008 93 2 50,000 Par Lake Lehman Sch Dist PA Gen Obl bond Matures 4/1/24 0~ 20,313 3 10,000 Par Montgomery Cnty PA Indl. Dev. Bond Matures 6/1/29 5.05 8,611 Interest accrued to 9/19/2008 153 4 1,870.691 Shares Fidelity Low Priced Stock Fund CUSIP: 316390822 59,712 5 251.11955 Shares Alcatel Lucent Sponsored ADR 1,104 6 1,131.478 Shares Investment Company of America Fund CL A CUSIP: 461308108 31,342 7 438.45102 Shares Allied-Irish Bks PLC Spon ADR 9,273 8 645.4824 Shares AT b T 19,503 9 570.77972 Shares Bank of America Corp. 21,093 10 77.18836 Shares BP Amoco PLC Spon ADR 4,139 11 659.35365 Shares Carlisle COS Inc. 23,968 12 58 Shares Citadel Broadcasting Corp. 58 13 2 70.73229 Shares C itigroup Inc. 5,622 Total from continuation schedules 534,885 TOTAL (Also enter on line 2, Recapitulation) $ 744 , 635 swasss ~.ooo (If more space is needed, insert additional sheets of the same size) Estate of: Florence S. Ober Schedule B (Page 2) I tem No. Description 14 441 Shares Comcast Corp. New CL A 15 500 Shares Corning, INc. 16 189 Shares Darden Restaurants, Inc. 17 425 Shares EMC Corp Mass 18 649.09004 Shares Harley Davidson Inc. 19 375.20899 Shares Hershey Co. 20 823.36098 Shares Home Depot, Inc. 21 47.05566 Shares International Business Machines 22 734.60467 Shares Intel Corp. 23 83 Shares LSI Logic Corp 24 106 Shares Martha Stewart Living Omnimedia CLA 25 178 Shares McDonalds Corp 26 649.20035 Shares Microsoft Corp. 27 122 Shares NCR Corp New 28 38 Shares Nortel Networks Corp. 29 165.23194 Shares Pepsico, Inc. Common 21 08 00994 Value at Date of Death 6,727 8,543 5,888 5,538 29,355 15, 624 22,992 5,682 14,171 503 997 11,487 16,198 2,937 110 12,192 Total (Carry forward to main schedule) 158,944 Estate of: Florence S. Ober Schedule B (Page 3)• Item No. Description 30 1,283.23609 Shares PPL Corp. Common 31 139.66333 Shares Procter ~ Game Co. Common 32 500 Shares Rite Aid Corp. Common 33 165 Shares Starbucks Corp. Common 34 87.48912 Shares Target Corp. 35 122 Shares Teradata Corp. Del. Common 36 760.39919 Shares Walt Disney Co. Common 37 162.55179 Shares YUM Brands, Inc. Colmm 38 1,124.722 Shares American Balanced Fund CL 39 585.831 Shares Bond Fund of America C1 A 40 86.982 Shares Capital Income Builder Fund C1 A 41 890.086 Shares Capital World Growth b Income Fund C1 A CUSIP: 140543109 42 202.714 Shares Fidelity China Region Fund CUSIP: 315910778 43 493.313 Shares Fidelity Europe Fund CUSIP: 316343300 21 08 00994 Value at Date of Death 48, 923 9,839 515 2,601 2,394 2,728 25,892 6,320 19,244 6,954 4,547 32,079 4,476 15,801 Total (Carry forward to main schedule) 182,313 Estate of: Florence S. Ober Schedule B (Page 4) Item No. Description 44 160.845 Shares Fidelity Software ~ Computer Services Fund CUSIP: 316390822 45 3,433.207 Units Fidelity Spartan Penna Municipal Income Fund CUSIP: 316344209 46 302.862 Units Goldman Sachs High Yield Municipal Income Fund CUSIP: 38142Y625 47 1,142.257 Shares Income fund of America CL A CUSIP: 453320103 48 6,542.396 Shares Lord Abbett Affiliated Fund CL A CUSIP: 544001100 49 602.694 Shares Van Kampen High Yield Municipal Fund CL A CUSIP: 921138101 50 738.616 Shares AMCAP Fund Class A CUSIP: 023375108 51 271.07 Shares Washington Mutual Investors Fund CL A CUSIP: 939330106 52 485.874 Shares Washington Mutual Investors Fund CL A CUSIP: 939330106 53 15 Shares Fidelity Biotechnology Fund CUSIP: 316390772 54 277.792 Shares New Perspective Fund CL A CUSIP: 648018109 21 08 00994 Value at Date of Death 10,272 35,774 2,777 19,030 77,266 5,828 11,648 7,948 14,246 1,022 7,817 Total (Carry forward to main schedule) 193,628 REV-1508 EX + (6-98) SCHEDULE E COMMONWEALTH OF PENNSYLVANIA CASH, BANK DEPOSITS, ~ MISC. INHERITANCE TAX RETURN RESIDENT DECEDENT PERSONAL PROPERTY ESTATE OF FILE NUMBER Florence S. Ober 21 08 00994 Include the proceeds of litigation and the date the proceeds were received by the estate. All property jointly-0wned with the right of survivorship must be disclosed on Schedule F. ITEM VALUE AT DATE NUMBER DESCRIPTION OF DEATH Edward Jones Cash Account I 120,688 3W46AD 1.000 TOTAL (Also enter on line 5 Recapitulation) $ ~ 120 , 688 (If more space is needed, insert addRional sheets of the same size) REV-1510 EX + (6-98) COMMONWEALTH OF PENNSYLVANIA INHERITANCE TAX RETURN RESIDENT DECEDENT SCHEDULE G INTER-VIVOS TRANSFERS ~ MISC. NON-PROBATE PROPERTY ESTATE OF FILE NUMBER Florence S. Ober 21 08 00994 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 INCLI.OETFEN4AAEOFTHETRANSFEREE, THEIR RELATIONSHIP TO DECEDENT AND THE DATE OF TRANSFER. ATTACHA COPY OF THE DEED FOR REAL ESTATE. DATE OF DEATH VALUE OF ASSET %OF DECD~S INTEREST EXCLUSION IF APPLICABLE TAXABLE VALUE ~• The following assets were held by Edward D. Jones as custodian for Florence S. Ober, as an Individual Retirement Account. The beneficiary is Ernest Ober, spouse 2,777.281 Shares AMCAP Fund Cl A 43,798 100.0000 0 43,798 2 211.001 Shares Fidelity Health Care Fund 22,012 100.0000 0 22,012 3 Edw Jones IRA Cash Account 23 100.0000 0 23 4 430.666 Shares Fidelity Low Priced Stock Fund 13,747 100.0000 0 13,747 5 2,262.171 Shares Investment Co. of America CL A CUSIP: 461308108 62,662 100.0000 0 62,662 6 334.484 Shares Washington Mutual Investors Fund CL A 9,807 100.0000 0 9,807 7 142.693 Shares Fidelity Biotechnology Fd 9,723 100.0000 0 9,723 8 287.267 Shares New Perspective Fund Class A CUSIP: 648018109 8,084 100.0000 0 8,084 3W46AF 1.000 TOTAL (Also enter on line 7, Recapitulation) ~ $ (If more space is needed, insert additional sheets of the same size) 169,85 REV-1513 EX+(11-08) • pennsylvania DEPARTMENT OF REVENUE INHERITANCE TAX RETURN RESIDENT DECEDENT SCHEDULE J BENEFICIARIES t51 A I t UF' FILE NUMBER r iorenc e 5 . c~t~er 21 0 8 00994 RELATIONSHIP TO DECEDENT AMOUNT OR SHARE NUMBER NAME AND ADDRESS OF PERSON(S) RECEIVING PROPERTY Do Not List Trustee(s) OF ESTATE TAXABLE DISTRIBUTIONS [include outright spousal distributions, and transfers under Sec. 2116 (a) (1.2).] 1. Bypass Trust Under Florence S. Ober Family Trust Agreement Share taxable at lineal rate: 741,596 Credit Shelter T 741,596 2 Ernest D. Ober 1034 West Trindle Road Mechanicsburg, PA 17055 Individual Retirement Account shown on Schedule G, Items 1-8 Valued at 169,956 Marital share of Bypass Trust, per future interest compromise: 317,827 Surviving Spouse 487,683 ENTER DOLLAR AMOUNTS FOR DISTRIBUTIONS 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. ~ 0 8W46AI 2.000 ~~ ~iwiC aNat;C ~~ neeaea, mser[ aoaluonai sneers of the same size. REV-1647 EX+ (9.00) COMMONWEALTH OF PENNSYLVANIA INHERITANCE TAX RETURN RESIDENT DECEDENT ESTATE OF SCHEDULE M FUTURE INTEREST COMPROMISE Check Box 4a on Rev-1500 Cover Sheet FILE NUMBER Florence S. Ober 210800994 This schedule is appropriate only for estates of decedents dying after December 12, 1982. This schedule is to be used for all future interests where the rate of tax which will be applicable when the future interest vests in possession and enjoyment cannot be established with certainty. Indicate below the type of instrument which created the future interest and attach a copy to the tax return. ^ Will a Trust ^ Other I. I Be AGE TO NAME OF BENEFICIARY RELATIONSHIP DATE OF BIRTH NEAREST BIRTHDAY 1.Ober, Ernest D Survivin S ouse 5/5/1930 78 2. 3. 4. 5. For decendents dying on or after July 1, 1994, if a surviving spouse exercised or intends to exercise a right of withdrawal within 9 months of the decedent's death, check the appropriate block and attach a copy of the document in which the surviving spouse exercises such withdrawal right. I Unlimited Explanation of Compromise Offer: of withdrawal Under the Florence S. Ober Family Trust, her spouse, Ernest Ober, has the right to receive all of the income from the Bypass Trust for his life. He may also receive discretionary distributions of principal for his health, support, maintenance and education. At his death, the remainder will pass to the children of Florence Ober, in equal shares. Ernest Ober is also the Trustee of this trust. He does not intend to distribute any of the principal of the Trust to himself, as his assets, combined with the income from the Trust, are sufficient to provide for his support. Accordingly, it is proposed to treat the interest of the surviving spouse as a life estate. The present value of the income interest is 30$ of the value of the trust (see attached calculation). IV. Summary of Compromise Offer: 1. Amount of Future Interest $ 1 , 059 , 425 2. Value of Line 1 exempt from tax as amount passing to charities, etc. (also include as part of total shown on Line 13 of Cover Sheet) , $ 3. Value of Line 1 assing to s ouse at a propriate tax rate Check One ~ 6%, ~3%, X~ 0% , $ 317 , 827 (also include as part of total shown on Line 15 of Cover Sheet) 4. Value of Line 1 taxable at lineal rate Check one ^6% a4.5%,$ 741,598 (also include as part of total shown on Line 16 of Cover Sheet) 5. Value of Line 1 taxable at sibling rate (12%) (also include as part of total shown on Line 17 of Cover Sheet) , $ 6. Value of Line 1 taxable at collateral rate (15%) (also include as part of total shown on Line 18 of Cover Sheet) . $ 7. Total value of Future Interest (sum of Lines 2 thru 6 must equal Line 1) . 0 0 0 Limited riaht of withdrawal $ 1,059,425 (If more space is needed, insert additional sheets of the same size) 3W46AN 1.000 REV-1649 EX+ (8-98) COMMONWEALTH OF PENNSYLVANIA INHERITANCE TAX RETURN RESIDENT DECEDENT ESTATE OF FILE NUMBER Florence S. Ober 21 08 00994 Do not complete this schedule unless the estate is making the election to tax assets under Section 9113(A) of the Inheritance >li Estate Tax Act. If the election applies to more than one trust or similar arrangement, a separate form must be filed for each trust. This election applies to the Bypass Trust (marital, residual, A, B, By-pass, Unified Credit, etc.) If a trust or similar arrangement meets the requirements of Section 9113(A), and: a. The trust or similar arrangement is listed in Schedule O, and b. The value of the trust or similar arrangement is entered in whole or in part as an asset on Schedule O, then the transferors personal representative may specifically identify the trust (all or a fractional portion or percentage) to be included in the election to have such trust or sim- ilar property treated as a taxable transfer in this estate. If less than the entire value of the trust or similar property is included as a taxable transfer on Schedule O, the personal representative shall be considered to have made the election only as to a fraction of the trust or similar arrangement. The numerator of this fraction is equal to the amount of the trust or similar arrangement included as a taxable asset on Schedule O. The denominator is equal to the total value of the trust or similar arrangement. PART A: Enter the description and value of all interests, both taxable and non-taxable, regardless of location, which pass to the decedent's surviving spouse under a Section 9113(A) trust or similar arrangement. Description VALUE Bypass Trust funded entirely of residue of estate SCHEDULE O ELECTION UNDER SEC. 9113(A) (SPOUSAL DISTRIBUTIONS) 1,059,425 Part A Total ~ $ 1, 059 , 425 PART B. Enter the descrl tlon and value of all interests Included in Part A for which the Section 9113 A election to tax is bein made. Description Value Present value of remainder interest in Bypass Trust (see Schedule M, Future interest compromise) 741,598 3W46E2 2.000 Part B Total ~ $ (If more space is needed, insert additional sheets of the same size) 741,598 --~--°5~,~~RLATOS l~ ~ON~CH LLP .~ ATTORNEYS AT LAW LAST WILL AND TESTAMENT OF FLORENCE S. OBER I, FLORENCE S. OBER, of 1034 West Trindle Road, Mechanicsburg, Cumberland County, Pennsylvania, being of sound and disposing mind and memory, do make, publish and declare this to be my Last Will and revoke any Wills and codicils previously made by me. ARTICLE ONE Specific Bequest of Tangible Personal Property I give and bequeath all of my tangible personal property, including, but not limited to, all my automobiles, furniture, fiunishings, books, pictures, jewelry, china, linen, silver, clothing, household effects and personal effects, and other tangible personal properly of like nature (not including cash, securities and other property used for the production of income), together with any existing insurance thereon as I may have provided in a memorandum kept with the original of this Will, or to the extent not so provided or not effectively disposed of in any such memorandum, to my spouse, ERNEST D. OBER, if my said spouse survives me by thirty (30) days; or, if my said spouse does not survive me, to my children, RANDALL E. OBER, SUSAN L. SHIREY, and BRIAN K. OBER, per stirpes. ARTICLE TWO Specific Bequests If my spouse, ERNEST D. OBER, does not survive me, I give and bequeath the following specific bequests: (A) $75,000.00 to Trinity Lutheran Church, now of Mechanicsburg, Cumberland County to be used for camping opportunities for the children, youth programs and at the~discretion of the board; (B) $25,000.00 to Salem Stone Church, now of Carlisle, Cumberland County; (C) $10,000.00 to Lutheran World Relief; (D) $5,000.00 to Habitat for Humanity; ~A~~~~ up LAST WILL AND TESTAMENT OF ATTORNEYS AT LAW FLORENCE S. OBER Page 1 of 11 T (E) $5,000.00 to the Bethesda Mission, now of Harrisburg, Dauphin County; and (~ $5,000.00 to the Salvation Army. ARTICLE THREE Marital Share (A) If my spouse, ERNEST D. OBER, survives me, I give, devise and bequeath to my said spouse an amount, if any, designated as the "MARITAL SHARE", which is equal to (1) the smallest marital deduction needed to reduce the Federal estate tax assessed by reason of my death to the least possible amount after taking full use of all other deductions, all exclusions from my gross estate, and all credits (to the .extent that state death taxes are not increased thereby) as finally determined for Federal estate tax purposes, less (2) the value as finally determined for Federal estate tax purposes of any property and interests qualifying for the marital deduction which pass or have already passed to or for the benefit of my spouse under other provisions of this Will, by operation of law, or otherwise. In determining the amount of the MARITAL SHARE: only assets which would qualify for the marital deduction shall be allocated to the MARITAL SHARE; the MARITAL SHARE shall be undiminished and unaffected by any death taxes; and, any property distributed in kind in satisfaction of the MARITAL SHARE shall be valued for purposes of distribution at its date of distribution value. (B) I direct that any provisions of this Will which may appear to conflict with or in any way defeat my intention to obtain the marital deduction for the full amount of the MARITAL SHARE shall be so construed or applied as to accomplish that intention. ARTICLE FOUR Disclaimer of Marital Share In the event my spouse, ERNEST D. OBER, shall disclaim all or any portion of the MARITAL SHARE, then such disclaimed property shall become a part of my residuary estate, which passes under ARTICLE FIVE. My said spouse shall not be deemed to have predeceased me by virtue of my said spouse' exercise of the right to disclaim as set forth herein. s~.A~ ~ ~u1vA~ uP LAST WILL AND TESTAMENT OF ATTORNEYS AT LAW FLORENCE S. OBER Page 2 of I1 'rF't'~t~i~'~~1 °~ !7 4t't f ~. *~': _.. -. .v C "C F' d.i '_ t ;{a r : .a _ ""t t c -.j Y-i T 6a r s` ~ r srr ~ t ~ is-. r -'' ~.i r is _ - f..+ Y r~.~ ,dW ~tF ~.~r.lPrfiy~ ~~~ ~ ~ - .. .. - ry1. {r~y~'1~i~4~4~-'t .. iIt~V?i lit ~. ~... ~ ~ ~ ~ ~ _ , r . 1 ARTICLE FT~VE Residuary Estate I give, devise and bequeath all of the rest, residue and remainder of my estate, of whatever nature and wherever situated, to the then acting trustee(s) of that certain inter vivos trust agreement executed February O1, 2001, by and between me as grantor and me as trustee, which is referred to therein as the "FLORENCE S. OBER FAMILY TRUST", to be added to and thereafter treated as of part of the FLORENCE ~ S. OBER FAMILY TRUST; or, if the FLORENCE S. OBER FAMILY TRUST is not in effect at the time of my death, to be held in trust on the same terms and conditions specified ~in the instruments} governing said FLORENCE S. OBER FAMILY TRUST as it existed at the time of the execution of this Will or of the last codicil hereto, with like effect as if said terms and conditions were set forth herein verbatim. ARTICLE SIX Payment of Taxes, Debts and Administrative Expenses I direct that all estate, inheritance and other death taxes (other than generation-skipping transfer taxes), and all interest and penalties thereon imposed by reason of my death with respect to property subject to such taxes by reason of my death, whether such property passes under my Will or otherwise, and payable to any federal, state or foreign taxing authority, whether payable by my estate or by any recipient of such property, and all my just debts, funeral expenses and estate administration expenses, shall be paid to the extent possible out of my residuary estate passing under ARTICLE FIVE hereinabove; provided, however, that my Executor may direct the then acting trustee(s) of the FLORENCE S. OBER FAMILY TRUST to pay any such amounts from the property of the FLORENCE S. OBER FAMILY TRUST. All generation-skipping transfer taxes attributable to property passing under this Will to the trustees of the FLORENCE S. OBER FAMILY TRUST shall be paid and/or charged in accordance with the terms of the FLORENCE S. OBER FAMILY TRUST. I direct my Executor to make the elections to allocate my GST exemption in accordance with the terms of the FLORENCE S. OBER FAMILY TRUST. ~s,~iv_.~- ~ ~b ~ ~ rv'v~ ttP LAST WALL AND TESTAMENT OF ATTORNEYS AT LAW FLORENCE S. OBER Page 3 of 11 ARTICLE SEVEN - Protective Provisions The principal of my estate and the income therefrom, so long as the same are held by my Executor, shall not be subject to anticipation, assignment, pledge, sale or transfer in any manner, nor shall any beneficiary have power in any manner to charge or encumber his/her interest ire my estate, nor shall the said interest of any beneficiary be liable or subject in any manner while in the possession of my Executor for any liability of said beneficiary, whether such liability arises from said beneficiary's debts, contracts, torts, or other engagements of any type. ARTICLE EIGHT Powers of Executors In addition to and without limiting the powers conferred by case law, by statute, and by other provisions hereof, my Executors shall have the following rights and powers exercisable without the need for court approval: (A) Accept and Retain Investments. To accept and retain any form of real or personal properly received by transfer, devise, bequest or otherwise without being required to diversify and without being limited to the types of investments in which fiduciaries are authorized by law to invest. This authority shall specifically include the authority to accept and retain any stock of a corporate fiduciary hereunder, or in any corporation which controls or is controlled by it, or any other corporation in which it holds any ownership interest, together with any stock dividends received thereon, or any stock acquired in the exercise of subscription rights, or received by reason of any consolidation, merger or reorganization, without liability for such retention. (B) Invest. To invest and reinvest in any form of real or personal properly without limitation by any law applicable to investments by fiduciaries. (C) Voting Rights. To vote a security in person or by proxy, to participate in or consent to any merger, reorganization, dissolution, liquidation, voting trust plan, or other action affecting any securities held hereunder, and; to exercise conversion, subscription, and other rights of whatever nature. SKAi~[.A'[t~6~ ~i~VAl~t u.P ATTORNEYS AT LAW LAST WILL AND TESTAMENT OF FLORENCE S. OBER Page 4 of 11 (D) Title To Property: ~~ - To register or~hold securities andlor other property-in the name of a nominee or nominees, including that of a clearing corporation, a depository, in book entry form, or to retain securities and/or other property unregistered or in a form permitting transfer by delivery. (E) Sale, Lease and Other Dealings with Property. To sell, from time to time, at public or private sale, exchange, lease, encumber, option or otherwise dispose of all or any portion of assets held hereunder; to make, execute and deliver deeds, mortgages, leases, assignments and other documents necessary to carry out any of the powers granted hereunder, which shall specifically include the authority to grant leases which extend beyond the period authorized by law, and; to partition, subdivide, improve and impose any restrictions on real estate held hereunder and enter into agreements concerning the partition, subdivision, improvement, zoning or management of any such real estate. (F) Borrow. To borrow money from any person or institution and pledge property as security for repayment of funds. (G) Distributions in Kind. To make distributions in cash or in kind, or partly in each, and; to allot different kinds of property to different shares without regard to differences in the income tax basis of such property. Any such designation, division, allocation, apportionment or valuation of property shall be binding and conclusive on all parties. (H) Power to Distribute Outright. In any instance where property would be immediately distributable to a beneficiary of the FLORENCE S. OBER FAMILY TRUST, distribution may be made directly to such beneficiary without funding such trust. The receipt of any such distribution by any such beneficiary shall be a full acquittance of the fiduciary making such distribution as to any amounts so distributed. (I) Settle Claims. To institute, prosecute and defend any and all legal proceedings; and compromise, release, adjust and/or settle any debt or claim. (J) Employment of Agents. To employ agents including attorneys, accountants, and others to perform administrative duties. ~~,~~,~ up LAST WILL AND TESTAMENT OF ATTORNEYS AT LAW FLORENCE S. OBER Page S of I1 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 beneficiary of an inter vivos transfer, as a beneficiary under any insurance policy, as a beneficiary under an individual retirement account or annuity, and as a beneficiary under any qualified or non-qualified retirement plan. (L) Property Distributable to Minors. Any property (whether income or principal) distributable to a beneficiary of my estate who is under a disability may be paid directly to such beneficiary, to the parent or guardian of such beneficiary, to a custodian selected by my Executor (other than my Executors) under the Pennsylvania Uniform Transfers to Minors Act or under a similar act of any other state, or to persons caring for or having custody of such beneficiary (other than my Executors), or may be applied for such beneficiary's benefit by payment to such other persons, organizations or institutions (other than my Executors) as my Executor may select, and the receipt of any such payee shall be a full release therefor. The receipt of any such payments by any such person shall be a full acquittance of my Executor as to any amounts so paid. Any beneficiary hereunder shall be considered to be under a disability while under the age of twenty- one (21) years or at any time when, in the opinion of my Executor, such beneficiary is incapacitated in any way so as to be unable to properly manage his/her affairs. (M) Closely Held Business Interests. With respect to any interest in a sole proprietorship or closely held businesses, including- but not limited to corporations, partnerships and limited liability companies (any such sole proprietorship or closely held businesses is hereinafter called a "Business"), my Executor shall have the following rights and powers in addition to and without limiting the powers conferred by case law, by statute, and by other provisions hereof, exercisable without the need for court approval: (1) To retain and continue to operate a Business for such period as my Executor may deem advisable without regard to the general fiduciary principle of investment diversification. ATTORNEYS AT LAW LAST WILL AND TESTAMENT OF FLORENCE S. OBER Page 6 of 11 to my estate by whatever means, including but not limited to the following means: as a ~. 7 _ 7. is :.fin 4. a x y,t.F.' (2) To acquire interests (including minority interests) in a Business either for cash or with borrowed funds and to retain all or part of any such investment in a Business for such period as my Executor may deem advisable without regard to the general fiduciary principle of investment diversification. (3) To control, direct and manage a Business. In this connection, my Executor shall determine the manner and extent of their active participation in the operation and supervision, and my Executor may delegate all or any part of their power to supervise and operate, to such person or persons as they may select, including any associate, partner, officer or employee of a Business. • (4) To hire and discharge officers and employees, fix their compensation and define their duties; and similarly to employ, compensate and discharge agents, attorneys, consultants, accountants and such other representatives as my Executor may deem appropriate; including the right to employ any beneficiary or Trustee in any of the foregoing capacities. (5) To take any action required to change or to participate in the organization of a Business to a corporation, limited liability company or partnership, partnership, `limited partnership, or other organizational form. (6) To elect or consent to the election to be taxed in accordance with the provisions of Subchapter K or S of the Code. (7) To execute or consent to the execution of shareholder, joint venture and partnership agreements and amendments thereto and to participate in the recapitalization, merger, consolidation, reorganization, liquidation or dissolution of a Business. (8) To treat a Business a.s an entity separate from any trust hereunder. In their accountings to the court (if any are made) and to any beneficiaries, my Executor shall only be required to report the earnings and condition of a Business in accordance with standard accounting practice. ~~~~'~ ~~~'~' LAST WILL AND TESTAMENT OF ATTORNEYS AT LAW FLORENCE S. OBER Page 7 of 11 (9) To retain in a Business such amount of the net earnings for working capital and other purposes of the Business for working capital and other purposes of the Business as my Executor may deem advisable. (10) To diminish, enlarge or change the scope or nature of a Business. (11) To purchase, process and sell merchandise of every kind and description; and to purchase and sell machinery and equipment, furniture and fixtures and supplies of all kinds. (12} To sell or liquidate all or any part of a Business at such time and price and upon such terms and conditions (including credit) as my Executor may deem advisable. (13) To exercise any of the rights and powers herein conferred in conjunction with another or others. ARTICLE NINE Executors (A) Appointment of Executors. I appoint my spouse, ERNEST D. OBER, as Executor of this Will (my said Executor and any successor Executor or co-Executors shall be referred to herein as my "Executors" or "Executor"). Upon the death, renunciation or resignation of my said spouse, I appoint my children, RANDALL E. OBER, SUSAN L. SHIREY and BRIAN K. OBER, to act jointly as my Executor. (B) Miscellaneous. Any successor Executor shall succeed to the capacity of its predecessor without re-conveyance or transfer of property and have all of the rights, powers, authorities and discretion conferred upon the original Executor. No successor Executor shall be obligated to examine the accounts, records, or acts of a previous Executor, nor shall any such successor Executor in any way or manner be responsible for any act or omission to act on the part of any such previous Executor. My Executors shall be entitled to receive reasonable compensation for their services hereunder. No Executor serving hereunder at any time shall be required to file any bond or enter security in any Court or jurisdiction in which said fiduciary maybe called upon to act. ~KAI~.ATtX' ~` ~ uP LAST WILL AND TESTAMENT OF ATTORNEYS AT LAW FLORENCE S. OBER Page 8 of 11 .. ,.~... ._,. ,... ,.,,. (.. ,,. .. .,._....... ._...~,. _ _..w -'_.,. `~~~ o.Gt-_rs:.u~~ts.?,'~a,,,~sshat...a:9a"ta+~.l..a.=+i}~t~'viaRYA+'~~,`ro~".ii''1`tC ARTICLE TEN Interpretation (A) Child, Children, Grandchild Grandchildren and Issue. Whenever the terms "child," "children," "grandchild," "grandchildren" and "issue" are used herein, such terms shall be interpreted to include adopted persons as well as natural persons, provided in each instance that the adoptee is under the age of eighteen (18) years at the time of adoption. Such terms are also intended to include persons in gestation at any pertinent time under this Will, provided such persons survive birth by thirty (30) days. (B) Gender and Number. Where appropriate except where the context otherwise requires, whenever used herein, the singular includes and plural, the plural the singular and words of any gender shall be applicable to all genders. (C) Headin sg_/Captions. The headings/captions of Articles, Sections and Paragraphs used herein are for convenience of reference only and shall have no significance in the construction or interpretation of this Will. IN WITNESS WI-IEREOF, I have hereunto set my hand and seal and caused this my Last Will and Testament, consisting of Twelve (12) typewritten pages, including this attestation clause and the following Acknowledgment and Affidavit, to be executed, declared and published this ~ day of February, 2001, at Harrisburg, Pennsylvania. ~~,.u.. s o~- FLORENCE S. OBER A~~ ~ ~~ wP LAST WILL AND TESTAMENT OF ATTORNEYS AT LAW FLORENCE S. OBER Page 9 of I1 ACKNOWLEDGMENT COMMONWEALTH OF PENNSYLVANIA ) SS: COUNTY OF DAUPHIN ) I, FLORENCE S. OBER, the Testator, whose name is signed to the attached or foregoing instrument, having been duly qualified according to law, do hereby acknowledge that I signed and executed the instrument. as my Last Will; that I signed it willingly and that I signed it as my free and voluntary act for the purposes therein expressed. FLORENCE S. OBER Sworn or affirmed to and acknowledged before me by FLORENCE S. OBER, the Testator this ~`~~ day of February, 2001. . --~~" ~~U // / ti~~~ T1~lJGG~.~'~/f~EAL) Notary Public My Commission Expires: r`j ~~J~~~ ao't~ S~ ~ ~. ~T~1R1f PUeUC t~, auf~1 c~uNnr NIY COMMISSION EXPIRES 1lN.Y S, 2003 ~`Aiud~r~.xv~t~i ~ LAST WILL AND TESTAMENT OF ATTORNEYS AT LAW FLORENCE S. OBER Page 10 of l l ,., 7 . i.. - "_ . .. ,: _. ..,, ~..:~ .._,. ,.~..-: ~.:, ~_~;: . :c .. v•., ~~ti' ~`'..~.k.ed=rr-- ~ - c-'-~*a~~`_~'~~v~T.+'+.-;-,'; s4-h^--~r=`+lM. :i ~~ ~3_si '.~ . -..:.T . . .. .. ~'. ~a`~wn~.~wyrc~+:. ?C7~G~tf""¢'a~.{.5,'S"~ij,Crtxie`S°4'?"''-°-"I,ky~+`44C?"~"~s~.}~."a`i`Y'F,'.~y"z~-'x"t~"~h""' ~"" - - .._ AFFIDAVIT COMMONWEALTH OF PENNSYLVANIA ) SS: COUNTY OF DAUPHIN ) I ~l ~ ~l ~ ~ C , and ~ ~' ~.,~ the witnesses, whose names are signed to the attached or foregoing instrument, being duly quali ied according to law, do depose and say that we were present and saw FLORENCE S. OBER, sign and execute the instrument as the Testatrix's free and voluntary act for the purposes therein expressed; that each of us in the hearing and sight of the Testator signed the Will as witnesses; and that to the best of our knowledge, the Testatrix was at the time twenty-one (21) or more years of age, of sound mind and under no constraint or undue Residing at ,~ZZ L, ~ ~ (),, r-'s P~4- I ~ ~ ~ 2... Residing at (~ , .4~~~i3 Residing at ~~ ,~~_p_ ~~ ~707~ v Sworn o firmed to and acknowledged before me by ~ /~ an 1~ the messes, this ~~ay of February, 2001. ~ . ~ .l(S~AL) Notary Public /~~'~ J My Commission Expires: ~,~~J/v~ ATTORNEYS AT LAW ^~, ~. CAST WILL AND TESTAMENT OF FLORENCE S. OBER Page I1 of 11 ~yA~ M At A ,t~ ,d, 1,)-,~~,~g(g a, J[~ LLY ATTORNEYS AT LAW THE FLORENCE S. OBER FAMILY TRUST THIS INTER VIVOS TRUST AGREEMENT (the "Trust") is made this ~ day of February, 2001, by and between FLORENCE S. OBER of Cumberland County, Pennsylvania, as Grantor (hereinafter referred to as "Grantor"), and FLORENCE S. OBER as Trustee (said Trustee and any additional or successor Trustees shall hereinafter collectively be referred to as "Trustee" or "Trustees"). This Trust shall be known as the "FLORENCE S. OBER FAMILY TRUST." Grantor and Trustee hereby agree as follows: ARTICLE ONE The Trust Estate Grantor hereby transfers to Trustee in trust for the purposes and on the conditions hereinafter set forth all the property as set forth in Schedule "A" attached hereto and made part hereof, and Trustee agrees to hold, manage, administer and distribute the same, in trust nevertheless, for the purposes and on the conditions hereinafter set forth. Additions of property of any type by assignment, gift, devise, bequest, beneficiary designation, appointment or otherwise may be made from time to time during Grantor's lifetime and at or after Grantor's death to any trust created hereunder (such property passing at or after Grantor's death shall include but not be limited to property passing to Trustee under Grantor's Will, life insurance proceeds payable to Trustee, and all distributions from any individual retirement accounts and/or qualified or non-qualified retirement plans payable from time to time to Trustee), which when added to the trust estate shall become a part thereof; provided that during Grantor's lifetime, the approval of Trustee is required to make any such additions of property. ARTICLE TWO Right To Revoke and Amend During Grantor's Lifetime During Grantor's lifetime, this Trust may be revoked or amended by Grantor, in whole or in part at any time and from time to time by an instrument in writing, delivered to Trustee, except ~raaitb~ ~tNVAtur,~ °a.~ FLORENCE S. OBER FAMILY TR UST ATTORNEYS AT LAW - Page 1 of 17 ve g r~ .r ~]~v~ f , that the duties, powers, and liabilities of Trustee shall not be changed without its written consent. ARTICLE THREE Trustee's Duties During Grantor's Lifetime During Grantor's lifetime, Trustee shall distribute to Grantor so much (or none) of the income and principal of the trust estate as Grantor may request from time to time. Any income not distributed shall be accumulated and added to the principal of the trust estate. ARTICLE FOUR Trustees' Duties Unon Grantor's Death Upon Grantor's death, the trust estate including additions thereto at or from time to time after Grantor's death shall be retained in trust by Trustee, to be held, managed, administered and distributed in accordance with the provisions hereinafter set forth. (A) Payment of Estate Obligations and Taxes. Subject to ARTICLE NINE (Payment of Generation-Skipping Transfer Taxes), Trustee shall pay any amount of the estate, inheritance and other death taxes, and interest and penalties thereon, imposed by reason of Grantor's death upon or with respect to any property, whether included in the Trust(s) created by this instrument or not, and any expenses of administration of Grantor's estate, and any debts of Grantor's estate and any claims against Grantor's estate, as the Personal Representative of Grantor's estate requests Trustee in writing to pay. No portion of any individual retirement accounts and/or qualified or non-qualified retirement plans shall be used to pay such taxes, interest, penalties and/or expenses unless the trust estate has first been exhausted (other than for any generation-skipping transfer taxes). Any amount so requested for such taxes, interest, penalties and/or expenses shall be paid to the Personal Representative of Grantor's estate or directly to intended recipient, as the Personal Representative directs. Trustee shall be under no obligation to inquire into the correctness of amounts requested by the Personal Representative, or the application of the amounts so paid, but such payments shall constitute a full and complete discharge to .Trustee with respect to such payments. s~A~~~oNA~ uP FLORENCE S. OBER FAMILY TRUST ATTORNEYS AT LAW Page 2 of 17 Upon Grantor's death this Trust shall become irrevocable. L ..a^ ~d~~A fi~ _ er,.ti.avw . (B) Disposition of the Balance. If Grantor is survived by Grantor's spouse, ERNEST D. OBER, Trustee shall retain the balance of the Trust estate, in trust nevertheless, (this trust being hereinafter designated as the "Bypass Trust"), to be held, managed, administered and distributed as provided in ARTICLE FIVE for the benefit for Grantor's said spouse; or, if Grantor is not survived by Grantor's said spouse, Trustee shall divide the balance of the trust estate into equal shares so that there is one share representing each child of Grantor who survives Grantor by thirty (30) days and one share representing each child of Grantor who does not so survive Grantor but who has issue who so survive Grantor. Each such separate share shall be held, managed, administered and/or distributed as follows: (1) Each such equal share, if any, representing a child of Grantor who survives Grantor by thirty (30) days shall be distributed to the child. (2) Each such equal share, if any, representing a child of Grantor who does not survive Grantor by thirty (30) days but who has issue who so survive Grantor shall be retained by Trustee, in trust nevertheless, as a separate trust estate (each such trust being hereinafter designated as a "Descendant's Trust"), to be held, managed, administered and distributed as provided in ARTICLE SEVEN for the benefit of each such issue, per stirpes. ARTICLE FIVE Bypass Trust Trustee shall hold, manage, administer and distribute the assets of the Bypass Trust, if any, for the following purposes: (A) During the lifetime of Grantor's spouse, ERNEST D. OBER: (1) Trustee shall pay to Grantor's said spouse, or expend for said spouse's benefit, all of the net income of the Bypass Trust estate not less frequently than quarterly. (2) Trustee may pay to Grantor's said spouse, or expend for said spouse's benefit as much of the principal of the Bypass Trust estate as Trustee shall determine to ~~'~~~' ~ ~~.~~~t up FLORENCE S. OBER FAMIL Y TR UST ATTORNEYS AT LAW Page 3 of 17 ~eX.(t i ABC ~ .f it i .. << i ~ be`~ necessary, `from time to~ time, -for said spouse's health, support, education and maintenance, in the manner of living to which said spouse is accustomed. (B) Upon the death of Grantor's spouse, ERNEST D. OBER, Trustee shall divide the balance of the Bypass Trust estate into equal shares so that there is one share representing each child of Grantor who is then living and one share representing each child of Grantor who is not then living but who has then living issue. Each such separate share shall be held, managed, administered and/or distributed as follows: (1) Each such equal share, if any, representing a .child of Grantor who is then living shall be distributed to the child. (2) Each such equal share, if any, representing a child of Grantor who is not then living but who has then living issue shall be retained by Trustee, in trust nevertheless, as a separate trust estate (each such trust being hereinafter designated as a "Descendant's Trust"), to be held, managed, administered and distributed as provided in ARTICLE SEVEN for the benefit of each such issue, per stirpes. ARTICLE SIX jThis Article has been intentionally left blank.l ARTICLE SEVEN A Descendant's Trust Trustee shall hold, manage, administer and distribute the assets of a Descendant's Trust as follows: (A) During the lifetime of the beneficiary of the Descendant's Trust (the "Descendant"): (1) Trustee may pay to the Descendant, or expend for the Descendant's benefit as much of the principal or income of the Descendant's Trust estate as Trustee shall determine to be necessary, from time to time, for the Descendant's health, support, education and maintenance, in the manner of living to which Descendant is accustomed; provided, that if the property comprising the Descendant's Trust has been allocated to an Exempt Trust and a Non-Exempt Trust for the benefit of the Descendant, any ~dCAf~f.A~C~6~r?i~ up ATTORNEYS AT LAW __- FLORENCE S. OBER FAMILY TR UST Page 4 of 17 s ~ ~ .f~i $ i Rte : • ~ ~ t'~'~ 1 ,+' ~~ j ~7"~ w. ~Y ~`~`# ~` distributions of principal shall be made first out of such Non-Exempt Trust, and only after the complete exhaustion of such Non-Exempt Trust shall such distributions be made from such Exempt Trust unless Trustee deems it advisable to do otherwise. (2) Upon the Descendant attaining the age of thirty (30) years, Trustee shall distribute to the Descendant one-third of the then remaining balance of the Descendant's Trust estate. (3) Upon the Descendant attaining the age of forty (40) years, Trustee shall distribute to the Descendant one-half of the then remaining balance of the Child's Trust estate. (4) Upon the Descendant attaining the age of fifty (50) years, Trustee shall distribute to the Descendant the then remaining balance of the Decendant's Trust estate. (C) Upon the death of the Descendant, Trustee shall hold, manage, administer and distribute the then remaining balance of the Descendant's Trust estate as follows: (1) If Descendant is survived by issue, then to the issue, per stirpes. If the Descendant is not survived by issue the, if the Descendant's parent who was an issue of Grantor has issue then living, Trustee shall distribute the balance of the Descendant's Trust estate to the issue, per stirpes, of said parent; provided, that if any such issue, per stirpes, of said parent is then a beneficiary of a trust created hereunder, the share of such beneficiary shall instead be added to the principal of such trust (which when added to such trust shall become a part thereof), to be held, managed, administered and distributed according to the terms thereof. (2) If the Descendant's parent who was an issue of Grantor does not have issue then living, Trustee shall distribute the balance of the Descendant's Trust estate as follows: (a) If the Descendant is the grandchild of Grantor, to the issue, per stirpes, of Grantor; provided, that if any such issue, per stirpes, of such Descendant's grandparent is then a beneficiary of a trust created hereunder, the share of such beneficiary shall instead be added to the principal of such trust 9CAHIAT06Sr~0NA~tII [tp ATTORNEYS AT LAW FLORENCE S. OBER FAMILY TR UST Page S of 17 (which when added to such trust shall become apart thereof), to be held, rnanaged, administered and distributed according to the terms thereof. (b) If the Descendant is not the grandchild of Grantor, to the issue, per stirpes, of the Descendant's grandparent who was an issue of Grantor; provided, that if any such issue, per stirpes, of such Descendant's grandparent is then a beneficiary of a trust created hereunder, the share of such beneficiary shall instead be added to the principal of such trust (which when added to such trust shall become a part thereof), to be held, managed, administered and distributed according to the terms thereof ARTICLE EIGHT The Rule Against Perpetuities Notwithstanding any other provision herein, each trust created hereunder shall vest not later than twenty-one (21) years after the death of the survivor of Grantor's issue living at Grantor's death. Immediately before the expiration of such twenty-one (21) year period, each such trust shall terminate and the remaining principal and any undistributed income thereof shall be distributed to the person(s) then eligible to receive distributions of income therefrom. ARTICLE NINE Payment of Generation-Skipping Transfer Taxes All generation-skipping transfer taxes attributable to a direct skip (as defined in § 2612(c) Code) occasioned by Grantor's death and with respect to which Grantor is the transferor shall be paid out of and charged against the property constituting the transfer (whether such transfer occurs under Grantor's Will or otherwise} as provided in Code §§ 2603(a)(3) and 2603(b). All generation-skipping transfer taxes attributable to a taxable distribution (as defined in § 2612(b) of the Code) occurring with respect to any trust established hereunder shall be paid by the transferee thereof as provided in Code § § 2603 (a)(1) and 2603 (b). All generation-skipping transfer taxes attributable to a taxable termination (as defined in § 2612(a) of the Code) occurring SKA1~A'[~~6 Rt ~OIVAf~# tiP ATTORNEYS AT LAW FLORENCE S. OBER FAMILY TRUST Page 6 of 17 ' , with respect to any trust established hereunder shall be paid by Trustee and charged against the property constituting the transfer as provided in Code § § 2603 (a)(2) and 2603 (b). ARTICLE TEN Protective Provisions During the continuance of any of the trusts created hereunder, no interest of any beneficiary in the principal andlor income of any such trust shall be subject to anticipation, assignment, pledge, sale or transfer in any manner, nor shall any beneficiary have power in any manner to charge or encumber his/her said interest, nor shall the said interest of any beneficiary be liable or subject in any manner while in the possession of Trustee for any liability of said beneficiary, whether such liability arises from said beneficiary's debts, contracts, torts, or other engagements of any type. ARTICLE ELEVEN Powers of Trustees In addition to and without limiting the powers conferred by case law, by statute, and by other provisions hereof, Trustee shall have the following rights and powers exercisable without the need for court approval: (A) Accept and Retain Investments. To accept and retain any form of real or personal property received by transfer, devise, bequest or otherwise without being required to diversify and without being limited to the types of investments in which fiduciaries are authorized by law to invest. This authority shall specifically include the authority to accept and retain any stock of a corporate fiduciary hereunder, or in any corporation which controls or is controlled by it, or any other corporation in which it holds any ownership interest, together with any stock dividends received thereon, or any stock acquired in the exercise of subscription rights, or received by reason of any consolidation, merger or reorganization, without liability for such retention. (B) Invest. To invest and reinvest in any form of real or personal property without limitation by any law applicable to investments by fiduciaries. scA~~'[~c~s~ ~cx~~ wP FLORENCE S OBER FAMILY TR FIST ATTORNEYS AT LAW Page 7 of 17 ,..~ (C) Voting Rights. To vote a security in person or by proxy, to participate in or consent to any merger, reorganization, dissolution, liquidation, voting trust plan, or other action affecting any securities held hereunder, and; to exercise conversion, subscription, and other rights of whatever nature. ' (D) Title To Property. To register or hold securities and/or other property in .the name of a nominee or nominees, including that of a clearing corporation, a depository, in book entry form, or to retain securities and/or other property unregistered or in a form permitting transfer by delivery. (E} Sale, Lease and Other Dealings with Property. To sell, from time to time, at public or private sale, exchange, lease, encumber, option or otherwise dispose of all or any portion of assets held hereunder; to make, execute and deliver deeds, mortgages, leases, assignments and other documents necessary to carry out any of the powers granted hereunder, which shall specifically include the authority to grant leases which extend beyond the period authorized by law, and; to partition, subdivide, improve and impose any restrictions on real estate held hereunder and enter into agreements concerning the partition, subdivision, improvement, zoning or management of any such real estate. (F) Borrow. To borrow money from any person or institution and pledge property as security for repayment of funds. (G) Distributions in Kind. To make distributions in cash or in kind, or partly in each, and; to allot different kinds of property to different shares without regard to differences in the income tax basis of such property. Any such designation, division, allocation, apportionment or valuation of property shall be binding and conclusive on all parties. (H) Power to Distribute Outright. In any instance where property would be immediately distributable to a beneficiary of a trust created hereunder when received by Trustee, distribution may be made directly to such beneficiary without funding such trust. The receipt of any such distribution by any such beneficiary shall be a full acquittance of the fiduciary making such distribution as to any amounts so distributed. SKA.F~.A'It)6 & ~OIVAI~i u.P FLORENCE S. OBER FAMIL Y TR UST ATTORNEYS AT LAW Page 8 of 17 (n Settle Claims. To institute, prosecute and defend any and all legal proceedings; and compromise, release, adjust and/or settle any debt or claim. (J) Employment of A ents. To employ agents including attorneys, accountants, and others to perform administrative duties. (K) Property Distributable to Minors. Any property (whether income or principal) distributable to a beneficiary of any trust created hereunder who is under a disability may be paid directly to such beneficiary, to the parent or guardian of such beneficiary, to a custodian selected by Trustee (other than Trustees) under the Pennsylvania Uniform Transfers to Minors Act or under a similar act of any other state, or to persons caring for or having custody of such beneficiary (other than Trustees), or may be applied for such beneficiary's benefit by payment to such other persons, organizations or institutions (other than Trustees) as Trustee may select, and the receipt of any such payee shall be a full release therefor. The receipt of any such payments by any such person shall be a full acquittance of Trustee as to any amounts so paid. Any beneficiary hereunder shall be considered to be under a disability while under the age of twenty-one (21) years or at any time when, in the opinion of Trustee such beneficiary is incapacitated in any way so as to be unable to properly manage his/her affairs. (L) Generation-Skipping Transfer Taxes. (1) Tax Election To Allocate Grantor's GST Exemption. Grantor's Personal Representative is directed to make elections to allocate Grantor's GST Exemption to Exempt Trusts to the extent necessary to make the inclusion ratio for each such Exempt Trust zero for purposes of the generation-skipping transfer tax; provided, however, that if there is no Personal Representative of Grantor's estate acting within the United States, Trustee will be the executor for purposes of making such elections. (2) Division of Trusts for Generation-Skipping Transfer Tax P oses. With respect to elections under Chapter 13 of the Code to allocate Grantor's GST exemption to transfers or distributions of any property (whether outright or in trust) that may be subject to generation-skipping transfer tax, Trustee may divide any trust created hereunder into two or more separate trusts of equal or unequal value in order to permit the '~'1~~ ~'~ ~ i ~' ~` ~~ }~'~~~~ j~~' FLORENCE S. OBER FAMIL Y TR UST ATTORNEYS AT LAW Page 9 of 17 ~.~Si~itS~'e~-el } .~ .ik~'•l~ •T+.. mot... . ... .. .... .... u• .... ... ... t ... Y .... ... i ..... _._ .. .•. ..•. ...... • ..... .. •_ _. .... .. .. •. _. .~ ... .. ... a~.•. ~_ making of an election to allocate Grantor's GST exemption. A trust resulting from any such division shall have the same terms, conditions and beneficiaries as the trust that was divided; provided, however, that it may be administered differently and principal distributions may be made differently. If Trustee determines that such division(s) is advisable, Trustee shall divide property between or among trusts in accordance with applicable provisions of the Code, Treasury Regulations and Rulings. Unless otherwise required by the Code, Treasury Regulations and Rulings, Trustee shall divide property between or among trusts in cash or in kind, or partly in each, according to the value of the property at the time of the division. (a) Guidelines for Allocating Grantor's GST Exemption. Trustee shall direct Grantor's Personal Representative (or Trustee, if there is no Personal Representative) to allocate Grantor's GST exemption, if any, in any manner that Trustee deems advisable. In granting this discretion to Trustee, Grantor understands and acknowledges that: (i) any generation-skipping transfer tax advantages to be gained by elections to allocate Grantor's GST exemption to a trust created hereunder may be limited by an election by the beneficiary of such trust to qualify such trust for such beneficiary as a Qualified Subchapter S Trust; and (ii) Grantor's GST exemption may be allocated unequally between any beneficiary hereunder or trusts for any beneficiary hereunder. (3) Combining Trusts and Adding Property to Trusts. Trustee may combine trusts or add property to trusts only if the inclusion ratio of such trusts or such property i s preserved. If two or more Exempt Trusts or two or more Non-Exempt Trusts are being administered hereunder and such trusts have the same terms, conditions and beneficiaries, Trustee may combine such Exempt Trusts or such Non-Exempt Trusts as a single trust. If any provision of this Trust provides that property is to be added to a trust by reason of the partial or complete distribution or termination of another trust or otherwise, Trustee may s~aT~~s~~un~-~ wP FLORENCE S. OBER FAMILY TRUST ATTORNEYS AT LAW Page 10 of 17 ..- w./~:....~. .w.. J.. :: ..•....._._...~'~.._J.«,.. v,... a. s......r Yi. ".:. Se. _. -2et:... L.'•l.~.e_. s. .._rdr .. ._.. n.. .~-...... _ .... .. add property having an inclusion ratio of zero only to an Exempt Trust "and Trustee may add property having an inclusion ratio greater than zero only to aNon-Exempt Trust. If a trust with the appropriate exclusion ratio does not exist, Trustee shall establish a new trust having the same terms, conditions and beneficiaries as the trust to which such property would otherwise have been added so that such property may be added to the new trust without changing the inclusion ratio of such property. (M) Closely Held Business Interests. With respect to any interest in a sole proprietorship or closely held businesses, including buf not limited to corporations, partnerships and limited liability companies (any such sole proprietorship or closely held businesses is hereinafter called a "Business"), Trustee shall have the following rights and powers in addition to and without limiting the powers conferred by case law, by statute, and by other provisions hereof, exercisable without the need for court approval: (1) To retain and continue to operate a Business for such period as Trustee may deem advisable without regard to the general fiduciary principle of investment diversification (2) To acquire interests (including minority interests} in a Business either for cash or with borrowed funds and to retain all or part of any such investment in a Business for such period as Trustee may deem advisable without regard to the general fiduciary principle of investment diversification. (3) To control, direct and manage a Business. In this connection, Trustee shall determine the manner and extent of their active participation in the operation and supervision, and Trustee may delegate all or any part of their power to supervise and operate, to such person or persons as they may select, including any associate, partner, officer or employee of a Business. (4) To hire and discharge officers and employees, fix their compensation and define their duties; and similarly to employ, compensate and discharge agents, attorneys, consultants, accountants and such other representatives as Trustee may deem appropriate; ~-A~~~ ~-~~~ ~ FLORENCE S. OBER FAMILY TR UST ATTORNEYS AT LAW Page 11 of 17 including the right to employ any beneficiary or Trustee in any of the foregoing capacities. (5) To take any action required to change or to participate in the organization of a Business to a corporation, limited liability company or partnership, partnership, limited partnership, or other organizational form. (6) To elect or consent to the election to be taxed in accordance with the provisions of Subchapter K or S of the Code. (7) To execute or consent to the execution of shareholder, joint venture and partnership agreements and amendments thereto and to participate in the recapitalization, merger, consolidation, reorganization, liquidation or dissolution of a Business. (8) To treat a Business as an entity separate from any trust created hereunder. In their accountings to the court (if any are made) and to any beneficiaries, Trustee shall only be required to report the earnings and condition of a Business in accordance with standard accounting practice. (9) To retain in a Business such amount of the net earnings for working capital and other purposes of the Business for working capital and other purposes of the Business as Trustee may deem advisable. (10) To diminish, enlarge or change the scope or nature of a Business. (11) To purchase, process and sell merchandise of every kind and description; and to purchase and sell machinery and equipment, furniture and fixtures and supplies of all kinds. (12) To sell or liquidate all or any part of a Business at such time and price and upon such terms and conditions (including credit) as Trustee may deem advisable. (13) To exercise any of the rights and powers herein conferred in conjunction with another or others. ~'`~~~~~~ uP FLORENCE S. OBER FAMILY TR UST ATTORNEYS AT LAW Page 12 of 17 n ,• •... ...-r, ~ -. - - .~ •... ..L.:. .. ~.:~ - :~: - . ~'. •1'.. ... _. ~ . ~ ..Y ~'d ~.1 t ~'~ .c- :v Li-:-s.~.. --~: ~n -s~ iJrAt ~-t .ix4u. l.4-I..: ..3 v .~G.,,---..all 6t~~k...-^ii':r, ~ ' aO ~_ .,. :. .. ~ ARTICLE TWELVE (This article has been intentionally left blank.) ARTICLE THRITEEN Trustees (A) Death, Resignation or Inability to Serve. Upon Grantor's death or resignation as Trustee, Grantor's spouse, ERNEST D. OBER, shall be appointed as successor Trustee. If ERNEST D. OBER dies or resigns -as Trustee, then RANDALL E. OBER, SUSAN L. SHIREY, and BRIAN K. OBER, shall be appointed as joint successor Trustees. (B) Miscellaneous. All decisions of Trustees shall be determined by majority vote. Any successor Trustee shall succeed to the capacity of its predecessor without re-conveyance or transfer of property and have all of the rights, powers, authorities and discretion conferred upon the original Trustee. No successor Trustee shall be obligated to examine the accounts, records, or acts of a previous Trustee, nor shall any such successor Trustee in any way or manner be responsible for any act or omission to act on the part of any such previous Trustee. Trustees shall be entitled to receive reasonable compensation for their services hereunder. No Trustee serving hereunder at any time shall be required to file any bond or enter security in any Court or jurisdiction in which said fiduciary may be called upon to act. ARTICLE FOURTEEN Interpretation (A) Child, Children, Grandchild Grandchildren and Issue. Whenever the terms "child," "children," "grandchild," "grandchildren" and "issue" are used herein, such terms shall be interpreted to include adopted persons as well as natural persons, provided in each instance that the adoptee is under the age of eighteen (18) years at the time of adoption. Such terms are also intended to include persons in gestation at any pertinent time under this Trust, provided such persons survive birth by thirty (30) days. ~~-A'~'~~~ ~~~~~ ~~ FLORENCE S. OBER FAMILY TRUST ATTORNEYS AT LAW Page 13 of 17 .. 1 •. (B) Personal Representative. As used herein, the term "Personal Representative" means the duly appointed executor or administrator of a decedent's estate and shall include all persons or entities serving in such capacity from time to time. (C) Code. As used herein, "Code" means the Internal Revenue Code of 1986, as amended from time to time, and any successor statute thereto. (D) Exempt Trusts, Inclusion Ratio, Generation-Skipping Transfers and Tax on Generation-Skipping Transfers. As used herein, an "Exempt Trust" is a trust which has an "Inclusion Ratio" (as defined in § 2642 of the Code) of zero for purposes of "generation-skipping transfers" (as defined in Subchapter B of Chapter 13 of the Code) and the "tax on generation- skipping transfers" (as defined in Chapter 13 of Code). (E) Non-Exempt Trusts. As used herein, a "Non-Exempt Trust" is a trust which has an Inclusion Ratio greater than zero for purposes of generation-skipping transfers and the tax on generation-skipping transfers. (F) Corporate Fiduciary. As used herein, the term "Corporate Fiduciary" refers to a corporation or association which is authorized to act as a fiduciary in the Commonwealth of Pennsylvania. (G) Gender and Number. Where appropriate except where the context otherwise requires, whenever used herein, the singular includes and plural, the plural the singular and words of any gender shall be applicable to all genders. (H) Headin sg /Captions. The headings/captions of Articles, Sections and Paragraphs used herein are for convenience of reference only and shall have no significance in the construction or interpretation of this Trust. (I) Governing Law. This Trust has been delivered to and accepted by Trustee in the Commonwealth of Pennsylvania and shall be construed and governed in all respects by and in accordance with the laws of the Commonwealth of Pennsylvania. ~A'~~b~`'~{ ~ FLORENCE S. OBER FAMILY TRUST' ATTORNEYS AT LAW Page 14 of 17 .:: .. ~ '' -. ~-s+~:~ ~ a - a ~ arc , ..; ::. _ .. .. ......I~+Pa'q`i '..JµRcy'^r~G:- .. . r r!^'4}'{... 4r. wj~2iL~..lG:ti FLORENCE S. OBER TRUSTEE: g~ S Q~ FLORENCE S. OBER IN WITNESS WHEREOF, the parties hereto have executed this Trust as of the day and . year first above written. WITNESS. CTR ANT(~R s~HI.A'PL~6 ~ ~N~CI-I up ATTORNEYS AT LAW FLORENCE S. OBER FAMILY TR UST Page 1 S of 17 SCHEDULE "A" Schedule of Property Transferred Pursuant to the Foregoing Trust Agreement By and Between FLORENCE S. OBER, as Grantor, and FLORENCE S. OBER as Trustee, Dated: February 1, 2001. 1. $10.00 Cash /~~%~_ WITNESS: /1~/~ Si{ARLA'i'[7b& ~;I~NVA~i wP ATTORNEYS AT LAW GRANTOR: FLORENCE S. OBER TRUSTEE: FLORENCE S. OBER FLORENCE S. OBER FAMILY TR UST Page 16 of 17 C~,T On this, the day of February, 2001, before me, a Notary Public, the undersigned officer, personally appeared FLORENCE S. OBER, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within FLORENCE S. OBER FAMILY TRUST, and acknowledged that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. ~~~/ ~` ,fit ~~il,~'2~.f.?~~-SEAL) My Commission Expires: `~""f ~~~~~ OrU11Et M. WIRTMAN ITT MI1f rAMM~iSS10N~D~~PIRES ~ ~. ~ ATTORNEYS AT LAW FLORENCE S. OBER FAMILY TRUST Page 17 of 17 ATTORNEYS AT LAW FLORENCE S. OBER FAMILY TR UST Page 1 of 17 TaxDB Result Details Page 1 of 1 Detailed Results for Parcel 38-09-0539-019. in the 2004 Tax Assessment Database DistrictNo 38 Parcel ID 38-09-0539-019. MapSuffix HouseNo 1034 Direction W Street TRINDLE ROAD Ownerl OBER, ERNEST D JR C/O & FLORENCE S OBER PropType A PropDesc LivArea 2536 CurLandVal 115800 CurlmpVal 201090 CurTotVal 210830 CurPrefVal 9740 Acreage 13. l 6 CIGrnStat Y TaxEx 1 SaleAmt 1 SaleMo 04 SaleDa 12 SaleCe 20 SaleYr O1 DeedBkPage 00242-00662 YearBlt 1850 HF File Date 01 /06/2005 HF Approval_Status A http://taxdb.ccpa.net/details.asp?id=38-09-0539-019.&dbselect=l 06/23/09 991 ~ • ~:~..'~t 'CI~L1~~}i~ CGi1~iTY-I'f~ .~ 1. S ~ FR 12 ~Fl 10 `f 5 e.e_ _ . /~j Parcel No, Made the .~~1 ay of r , in the ear Two Thousa y nd One (2001) between ERNEST D. OBER,JR. AND FLORENCE S. OBER, his wife, (hereinafter called the Grantor), and ERNEST D. OBER, JR. AND FLORENCE S. OBER, his wife, as tenants in common, (hereinafter called the Grantee); THIS IS A TRANSFER BETWEEN HUSBAND AND WIFE AND IS THEREFORE EXEMPT FROM TRANSFER TAX. WITNESSETH, Ti~at in consideration of ONE ($1.00) Dollars, in hand paid, the receipt whereof is hereby acknowledged, the said Grantor does hereby grant and convey to the said Grantee, ALL THAT CERTAIN tract of farm land, together with the improvements thereon erected, situate in the Township of Silver Spring, County of Cumberland, State of Pennsylvania, more particularly bounded and described according to survey of Robert E. Stiffler, Registered Surveyor, dated May 22, 1967,. as follows, to wit: BEGINNING at a point in the center line of the Trindle Road (LR 305), at comer of lands now or late of Esco Wilson and, Olive F. Wilson, his wife; thence along the line of said lands now or late of Esco Wilson and Olive F. Wilson, his wife, North 05 degrees 13 minutes West, 1,157.16 feet to a point; thence by the same North 74 degrees 52 minutes East, 149.90 feet to a point in the southerly right of way line of the Pennsylvania Tumkpike; thence along said line of the Pennsylvania Turnpike, South 65 degrees 52 minutes East, 453.84 feet to a point in the line of lands now or late of John Weber; thence along the line of said lands now or late of John Weber, South 09 degrees 31 minutes East, 656.95 feet to a post at comer of land of R.P. Paulus; thence along the line of said land of R.P. Paulus, South 75 degrees 22 minutes West, 98.54 feet to a post; thence by the same, South 09 degrees 57 minutes East, 178.38 feet to a point in the center line of the Trindle Road, aforementioned; thence along the center line of the Trindle Road, South 72 degrees 27 minutes .West, 521.84 feet to a point at comer of lands now or late of Esco Wilson and Olive F. Wilson, his wife, aforementioned, at the point and place of BEGINNING. CONTAINING 13.16 ACRES OF LAND. HAVING THEREON ERECTED a brick dwelling house, frame barn and other necessary outbuildings. BEING the same premises which Florence C. Hoy, widow, by deed dated June 14, 1967 and recorded in Cumberland County Deed Book J-22, page 641, granted and conveyed unto Ernest D. Ober, Jr. and Florence S. Ober, his wife, Grantors herein. TOGETHER with all and singular, the tenements, hereditaments and appurtenances is the same belonging or in anywise appertaining, and the reversion and reversions, remainder and remainders, rents, Page 1 of 3 i~~~~ ~'~~ f ;1(,c t~~ii~ issues, and profits thereof; and also all the estate, right, title, interest, property, claim and demand whatsoever, both in law and equity, of the said party of the first part, of, in, to or out of the said premises, and every part and parcel thereof. TO HAVE AND TO HOLD the said premises, with all and singular the appurtenances, unto the said parties of the second part, their heirs and assigns, to and for the only proper use and behoff of the said parties of the second part, their heirs and assigns forever. AND the said party of the first part, for themselves, their heirs, executors and administrators, do by these presents, covenant, grant acrd agree to and with the said parties of the second part, their heirs and assigns, that they, tl~e said parties of the first part, their heirs all and singular the hereditaments and premises hereinabove described and granted or mentioned, and intended so to be, with appurtenances, unto the said parties of the second part, their heirs and assigns, against the said parties of the first part and their heirs and against all and every other person or persons whomsoever, lawfully claiming or to claim the same or any part thereof, shall and will by these presents, warrant and forever defend. IN WITNESS WHEREOF, the said Grantor has hereunto set its hand and seal the day and year first above written. .~ '; ~.~. *~ -~ i ~-, ERNEST D.OBER, JR. ~. ~~ J~. v~~v FLORENCE S. OBER Page 2 of 3 :~ ~ ~~x ~~~ F~~t ~;,~;~ STATE OF PENNSYLVANIA ) :SS COUNTY OF DAUPHIN ) ,~ _ On this ~ day of , 2001, before me, a Notary Public, in and for the Commonwealth of Pennsylvania, personally appeared ERNEST D.OBER, JR. AND FLORENCE S. OBER, known to me, (or satisfactorily proven) to~ be thepersons whose names are subscribed to the within document and acknowledged that they executed the same for the purposes therein contained. my hand and notarial seal the day and year aforesaid.- : Notary Public N Go~'~~ (SEAL) Nmr~ut sFu ~u ar~xr ~nr co~+pssron ors xxx s, 2004 I hereby certify that the precise residence of the Grantee in the within Deed is 1034 West Trindle Road, Mechanicsburg, PA 17050. Ire ~~:t.ti i *~ .. s ~ ~ •:. ~ ~. Page° "" Recorder of Deed ~~ao~ c~~ F-~it TaxDB Result Details Page 1 of 1 Detailed Results for Parce138-09-0539-017. in the 2004 Tax Assessment Database DistrictNo 38 Parcel ID 38-09-0539-017. MapSuftix HouseNo 1034 Direction W Street TRINDLE ROAD Ownerl OBER, ERNEST D JR CIO & FLORENCE S OBER PropType AO PropDesc LivArea CurLandVal 131500 CurImpVal 0 Cu rTotVa I 11940 CurPrefVal 11940 Acreage 16.20 CIGrnStat Y TaxEx 1 SaleAmt 1 SaleMo 04 SaleDa 12 SaleCe 20 SaleYr Ol DeedBkPage 00242-00665 YearBlt HF File Date 02/08/2008 HF Approval_Status LJN http://taxdb.ccpa.net/details.asp?id=38-09-0539-017.&dbselect=l 06/23/09 99~~ .- ~~ f~ :~1 i;LIZL`~:-'0 CU~INTY-p~ 1 e~e . _ . fl~R 1 c fl~ ~ ~ ~ 5 ..,,i Parcel No. .~ ` Made the .~ day of , in the year Two Thousand One (2001) between ERNEST D. OBER AND FLORENCE S. OBE ,his wife, (hereinafter called the Grantor), and ERNEST D. OBER, JR. AND FLORENCE S. OBER, his wife, as tenants in common, (hereinafter called the Grantee); THIS IS A TRANSFER BETWEEN HUSBAND AND WIFE AND IS THEREFORE EXEMPT FROM TRANSFER TAX. WITNESSETH, That in consideration of ONE ($1.00) Dollars, in hand paid, the receipt whereof is hereby acknowledged, the said Grantor does hereby grant and convey to the said Grantee, ALL THAT CERTAIN tract of land situate in the Township of Silver Spring, County of Cumberland State of Pennsylvania, more particularly bounded and described according to survey dated June 22,1988, by Robert G. Hartman, Jr., registered surveyor, to wit: BEGINNING at a point on the western side of Lee Anne Lane along Lot No. 26 on the hereinafter mentioned Plan of Lots; thence along Lot No. 26 North 01 degree 30 minutes West, a distance of 6.00 feet to a point; thence continuing along Lot No. 26 South 88 degrees 30 minutes West, a distance of 150.00 feet to a point; thence along Tract No. 1, North 81 degrees 47 minutes 48 seconds West, a distance of 199.05 feet to a point; thence along land now or formerly of J. 6. Whitcomb North 80 degrees 33 minutes West, a distance of 271.11 feet to a point; thence continuing along land now or formerly of J. B. Whitcomb North 81 degrees 01 minute West, a distance of 248.12 feet to a point; thence along.land now or formerly of Clepper Farms, Inc. North 19 degrees 53 minutes East, a distance of 365.73 feet to a point thence continuing along land now or formerly of Clepper Farms, Inc. North 50 degrees 17 minutes East, a distance of 752.00 feet; thence along the Pennsylvania Turnpike South 61 degrees 54 minutes East, a distance of 383.29 feet to a point; thence along land of Ernest D. Ober South 01 degree 30 minutes East, a distance of 707.50 feet to a point; thence along Lot No. 7 South ~ 88 c±egrees 3C1 minutes West, a distance of 200.00 feet to the point and place of BEGINNING. BEING Lot No. 2 in the Plan of Lots of Roxbury Crest, Section 1, which plans were recorded in the Cumberland County Recorder's Office in Plan Book 19, page 42 and containing 16.2 acres, more or less. BEING the same premises which Patricia H. Souder, Widow, by deed dated May 1, 1989 and recorded in Cumberland County Deed Book X-33, page 829, granted and conveyed unto Ernest D. Ober and Florence S. Ober, his wife, Grantors herein. TOGETHER with all and singular, the tenements, hereditaments and appurtenances is the same Page 1 of 3 ~~UK ,~`'~~ ~~, Gt ~ibJ'~" belonging or in anywise appertaining, and the reversion and reversions, remainder and remainders, rents issues, and profits thereof; and also all the estate, ri ht, ' whatsoever, both in law and equity, of the said a of the firs fifie' interest, property, claim and demand p rty t part, of, m, to or out of the said premises, and every part and parcel thereof. TO HAVE AND TO HOLD the said premises, with all and singular the appurtenances, unto the said parties of the second part, their heirs and assigns, to and for the only proper use and behoff of the said parties of the second part, their heirs and assigns forever. AND the said party of the first part, for themselves, their heirs, executors and administrators, do by these presents, covenant, grant and agree to and with the said parties of the second part, their heirs and assigns, that they, the said parties of the first part, their heirs all and singular the hereditaments and premises hereinabove described and granted or mentioned, and intended so to be, with appurtenances, unto the said parties of the second part, their heirs and assigns, against the said parties of the first part and their heirs and against all and every other person or persons whomsoever, lawfully claiming or to claim the same or any part thereof, shall and will by these presents, warrant and forever defend. IN WITNESS WHEREOF, the said Grantor has hereunto set its hand and seal the day and year first above written. ERNEST D.OBER f.~. FLORENCE S. OBER Page 2 of 3 t~uux 242 P~Gr ~;~~ STATE OF PII~NSYLVANIA :SS COUNTY OF DAUPHIN ~ ~ On this ~ da of y , 2001, before me, a Notary Public, m and for the Commonwealth of Pennsylvania, personally appeared ERNEST D. OBER AND FLORENCE S. OBER, known to me, (or satisfactorily proven) to be the eersons whose names are subscribed ~ the within document and acknowledged that they executed the same for the purposes therein contained. ESS my hand and notarial seal the day and year afore'' Notary Public O~IB.w. ~ARYPtl~UC (SEAL) rr oaa a ~ I herebyy certify that the precise residence of the Grantee in the within Deed is 1034 west Trindle road, MechanicsBurg, PA 17050. /~``~~- Y .ii 1 ~ ~ ' dl~ L ~~~: F is . ~• .. ` , v' r ~ ~// _- Page 3 ~ ~ z 0 "" .Recorder of D.~eds ~o~x X42 Fait ~;~~ Annuity, Life Estate, and Remainder Factors Transfer Date: 9/2008 §7520 Rate: 4.20% Calculation Type: Life Principal: $100,000 Lives: 1 Ages: 78 Life Estate Remainder Factor: 0.30046 0.69954 Value: $30,046.00 $69,954.00 ~` ~~o.u~ ~~~ 3,0 .~ ~~~