HomeMy WebLinkAbout03-04-101505607121
REV-1500 ~ (~5)
PA Departrrlent of Revenue County Code Year File Numtrer
B"~' of ~ Taxas INHERITANCE TAX RETURN
Po Box 280601 2 1 0 6 0 0 3 6 9
Hanisbu PA 17128.0601 RESIDENT DECEDENT
ENTER DECEDENT INFORMATION BELOW
Social Security Number Date of Death Date of Birth
1 6 5 3 8 1 1 4 4 0 2 0 4 2 0 D 6 0 6 1 8 1 9 4 5
Decedent's Last Name Suffix Decedent's First Name MI
H A R R I S J R R I C H A R D H
(If Applicable) Errter Surviving Spouse's trdormation Below MI
Spouse's Last Name Suffix Spouse's First Name
H A R R I S P A T R I C I A M
Spouse's Social Security Ntxnber'
THIS RETURN MUST BE FILED IN DUPLICATE WITH THE
REGISTER OF WILLS
FILL IN APPROPRIATE OVALS BELOW
l Retum
i
i
O
0
2. Supplemental Retum
~ 3. Remainder Retum (date of death
na
r
g
1. prior to 12-13-82)
4. Limited Estate ~ 4a. Future Interest Compromise (date of ~ 5. Federal Estate Tax Retum Required
death after 12-12-82)
® 6. Decedent Died Testate ~ 7. Decedent Maintained a Living Trust 8. Total Number of Safe Deposit Boxes
(Attach Copy of Will)
9. Litigation Proceeds Received
~ (Attach Copy of Trust)
10. Spousal Poverty Credit (date of death
ohnS~aOunder Sec. 9113(A)
~ 11. EAlettdi
between 12-31-91 and 1-1-95) c
( )
CORRESPONDENT -THIS SECTION MUST BE COMPLETED. ALL CORRESPONDENCE AND CONFA~NTW. TAX INFORMATION SHOULD BE DIRECTED T0:
Daytime Telephone Number
Name
D A V I D H R A D C L I F F E S Q 7 1 7 2 3 6 9 3 1 8
Firm Name (If Applicable)
R A D C L I F F L A W O F F I C E P C
First line of address
1 0 1 1 M U M M A R O A D
Second line of address
S U I T E 2 0 1
City or Post Office State ZIP Code
L E M O Y N E
REGISTER OF WILLS USE ONLY
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Correspondent's e-mail address: DHRAD~IX NETCOM COM
Under penalties of perjury, I declare that I have examined this return, including accompanying schedules and statements, and th the Crest of my knowled
it is true, cared and compl~e. Declaration of preparer other than the personal representative Is based on all information of which preparer has any kna
SI ~ T E pF PERSON RESPONSI~ OR F IN ~f E~ ~ S- DAT,EI
7/ ~Lc
ADDRESS CAMP HILL PA 17011
837 BRIARWOOD LANE
y~ATURE OFAR~~R OTHE~~N REPRESENTATIVE D
~3 3~.~n/o
'D1~t" PA 17043
011 MUMMA R ST 201 LEMOYNE
PLEASE USE ORIGINAL FORMA ONLY
Side 1
J
1,505607221
Decedent's Social Security Number
REV-1500 EX 1 6 5 3 8 1 1 4 4
Decedent's Name: RICHARD H • HARRIS JR
RECAPITULATION
~~ 1.
1. Real estate (Schedule A) ~•~~~•~~~•~~~~~~•~~~"~'~~•~~~~~ ~
2.
2. Stocks and Bonds (Schedule B) ~~~~•~~••~~•~~~~~~~~~~~ ~"~~~~
3. Closely Held Corporation, Partnership or Sole-Proprietorship (Schedule C) ..... 3.
4. Mortgages & Notes Receivable (Schedule D) ~ ~ • ~ ~ • ~ ~ • ~ • • ~ ~ • ~ ~ ~ ~ ' ~ ~ • ~ 4.
5 1 0 5 . 5 6
Schedule E) .. • ~ ~ ~
5. Cash, Bank Deposits & Miscellaneous Personal Property
~ 5~
Se arate Billing Requested ......
Jointly Owned Property (Schedule F) ^ p
6 . 6•
^ ^
Q
.
7. Inter-Vivos Transfers & Miscellaneous NQPSeparaterBilling Requested ...... . 7. •
(Schedule G) 5 1 0 5. 5 6
..........................
8. Total Gross Assets (total Lines 1-7) . 8.
8 6 3. Q Q
...........
9. Funeral Expenses & Administrative Costs (Schedule H) • ~ ~ . 9.
•
10. Debts of Decedent, Mortgage Liabilities, & Liens (Schedule I) ~ • • ~ • ~ ~ • ~ ' 10.
' ~
8 6 3 . D 0
.........................
11. Total Deductions (total Lines 9~ 10) ..11.
4 2 4 2. 5 6
..............
12. Net Value of Estate (Line 8 minus Line 1 • • ~ ~ ~ ~ •
sts/Sec 9113 Trusts for which 12.
..
13. Charitable and Governmental Beque
s not been made (Schedule J)
h 13.
a
an election to tax t{ 2 4 2 . 5 6
................
14. Net Value Subject to Tax (Line 12 minus Line 13)
..14.
TAX COMPUTATION -SEE INSTRUCTIONS FOR APPLICABLE RATES
15. Amount of line 14 taxable
at the spousal tax rate, or
transfers under Sec. 9116 y 2 4 2 5 6
15. ^ ~ Q Q
0 . Q Q
16. Amount of Line 14 taxable Q ~ ^ ^ 16
at lineal rate X ~0 ___- 0 . Q ^
17. Amount of Line 14 taxable Q Q ^ 17.
at sibling rate X .12 Q ~ Q Q
18. Amount of Line 14 taxable ^ ~ Q Q 18.
at collateral rate X .15 Q . ^ Q
..........
19.
....
19. Tax Due .................................
20. FILL IN THE OVAL IF YOU ARE REQUESTING A REFUND OF AN OVERPAYMENT
Side 2
1505607221 1505607221
REV-1500 EX Page 3
Decedent's Complete Address:
File Number
21 06 00369
DECEDENTS NAMt -
-_ - -- - - -
RICHARD H. HARRIS, JR_ __ _ __ _------ --------
-STREET ADDRESS - - -
-- -- -_ - -
837 BRIARWOOD LAN - _ __ - -- __ -- --
-- --- _--_ - - ZIP
--- -----
--__- -------- ---- STATE
- - - - - 17011
CITY , PA
CAMP HILL
Tax Payments and Credits: (1) o.oo
1. Tax Due (Page 2 Line 19)
2. CreditslPayments
A. Spousal Poverty Credit
B. Prior Payments 0.00
C. Discount Total Credits (A + B + C) (2)
3. Interest/Penalty if applicable
D. Interest 0.00
E. Penalty Total InterestlPenalty (D + E) l3)
(4) 0.00
4. If Line 2 is greater than Line 1 + Line 3, enter the difference. This is the OVERPAYMEN .
Fill in oval on Page 2, Line 20 to request a refund. 0.00
5. If Line 1 + Line 3 is greater than Line 2, enter the difference. This is the TAX DUE. (5)
(5A)
A. Enter the interest on the tax due. (5B) 0.00
B. Enter the total of Line 5 + 5A. This is the BALANCE DUE.
Make Check Payable to: REGISTER OF WILLS, AGENT
PLEASE ANSWER THE FOLLOWING QUESTIONS BY PLACING AN "X" IN THE APPROPRIATE BoLOCKS
1. Did decedent make a transfer and: OX
transferred; ........................................................... ^ Q
a. retain the use or income of the property
b. retain the right to designate who shall use the property transferred or its income; ..:::~ ~ :~ ~ ::::~ ~ :~ ~ :::: ~ - :~ ~ : ^
c. retain a reversionary interest; or ............~-•~•~•--•-•-•~••~•~-~~•~•~• ~•~'~~~ '~ ' • X
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 ^
............................................................... 0
. ..
without receiving adequate consideration? .... ~ _ • ~ - ~ • ~ ~ ~ ~ ~ • - -
3. Did decedent own an "intrust 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 a
. ........... .
.....
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 zemat aimposfedto a surveving spouse frofm tax, and the stat tory requireme9s forudisclosu a (of) a ets and
p2 P S §9116 (a) (1.1) (ii)]. The statute does no_ t e p
filing a tax return are still applicable even 'rf 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 childtwenty-one years of age or younger at death to or for the use of a natural paren , 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)]. rcent 2 P.S. 9116 a 1 3 A sibling is defined, under
The tax rate imposed on the net valha at least oneoparent in commoi~with tt~ie dnecedenlltnwhethe~r by bllood or adoption. § ()( )]
Section 9102, as an individual who
REV-1508 EX+ (8-98)
COMMNHERTANCE AXERETURNANIA
RESIDENT DECEDENT
ESTATE OF
SCHEDULE E
CASH, BANK DEPOSITS, 8~ MISC.
PERSONAL PROPERTY
FILE NUMBER
21 06 00
(CHARD H. HARRIS arc
Indude the proceeds of litigation and the date the proceeds were recerv Y
All property joiMlyowned with right of survivorship must be discbsed on Schedule F. VALUE AT DATE
OF DEATH
ITEM DESCRIPTION 2,816.50
NUMBER CASH VALUE ING LIFE INSURANCE POLICY #00212172-0
1.
(INSURED - MARK H HARRIS)
2,289.06
2. CASH VALUE ING LIFE INSURANCE POLICY #00247975-7
(INSURED - CHRISTOPHER H HARRIS)
TOTAL (Also enter on line 5, Recapitulation) b 5 1
(It more space is needed, insert additional sheets of the same size)
REV-1511 EX+(10-06)
COMMONWEALTH OF PENNSYLVANIA
INHERITANCE TAX RETURN
RESIDENT DECEDENT
ESTATE OF
J
ITEM
NUMBER
A.
1.
SCHEDULE H
FUNERAL EXPENSES 8~
ADMINISTRATIVE COSTS
FILE NUMBER
21 06 00
FUNERAL EXPENSES:
Debts o{decedent must be reported on Schedule 1.
DESCRIPTION
B ADMINISTRATIVE COSTS:
~ Personal Representative's Commissions
Name of Personal Representative (s)
Street Address
AMOUNT
State Zip
City
Year(s) Commission Paid:
750.00
2 Attorney Fees RADCLIFF LAW OFFICE, P.C.
3 Family Exemption: (If decedent's address is not the same as daimanYs, attach explanation)
Claimant
Street Address
State -Zip
City
Relationship of Claimant to Decedent 5$.00
4. Probate Fees
Accountant's Fees
5.
ti Tax Return Preparer's Fees
30.00
FILING FEES -INVENTORY & PA INH RETURN 25.00
7.
g ADDITIONAL PROBATE
TOTAL (Also enter on line 9, Recapitulation) 15 863
(If more space is needed, insert additional sheets of the same size)
REV-1513 EX + (9-001
SCHEDULE J
BENEFICIARIES
COM NO ER TANCE TAX RETURN ANIA
RESIDENT DECEDENT
ESTATE OF 21 06 00369 SHARE
RELATIONSHIP TO DECEDENT AM
RICHARD H. HARRIS JR Trustee(s)
NAME AND ADDRESS OF PERSON(S) RECEIVING PROPERTY
NUMBER
I TAXABLE DISTRIBUTIONS [sec 91ist( jh(t~)1 sal d~stnbutions, and transfers un er
1. PATRICIA M. HARRIS
837 BRIARWOOD IANE
CAMP HILL, PA 17011
NTER DOLLAR AMOUNTS FOR DISTRIBUTIONS SHOWN ABOVE ON LINES 15 THROUGH 18, AS APPROPRIATE, ON REV-1500 COVER SHEET
E
II. NON-TAXABLE DISTRIBUTIONS:
A. SPOUSAL DISTRIBUTIONS UNDER SECTION 9113 FOR WHICH AN ELECTION TO TAX IS NOT BEING MAD
1.
B. CHARITABLE AND GOVERNMENTAL DISTRIBUTIONS
1
TOTAL OF PART 11 -ENTER TOTAL NON-TAXABLE DISTRIBUT~Odd t onal sheet of the same00zeOVER SHEET b
(If more space is need. Inse
Spousal
Do Not List
FILE NUMBER
OUNT OR
OF ESTATE
4,242.56
KNOW ALL MEN BY THESE PRESENTS, that I, RICHARD H. HARRIS,
JR., currently residing in Camp Hill, Cumberland County,
Pennsylvania, being in good health and of sound and disposing
memory, do hereby make, declare and publish this as my Last Will
and Testament, hereby revoking all former Wills and Codicils
heretofore made by me.
FIRST: I direct that all of my legally binding debts,
expenses of my last illness and funeral expenses shall be paid by
my Executrix hereinafter named, from my estate as soon after my
decease as shall be found convenient.
SECOND: I give and bequeath my automobiles, household and
personal effects and other tangible personal property of every kind
(not including cash, securities or trusts), together with any
existing insurance thereon, to my wife, PATRICIA M. HARRIS, if she
survives me by thirty days. Should my wife, PATRICIA M. HARRIS,
not be living on the thirty-first day after my death, I give and
bequeath my automobiles, household and personal effects and other
tangible personal property of every kind (not including cash,
securities or trusts), together with any existing insurance
thereon, in accordance with a letter to be kept with this Last Will
and Testament. To the extent that such letter fails to dispose of
all tangible personal-property or if the letter is not in existence
at my death, then I give such undesignated personal property to my
sons, CHRISTOPHER HOLT HARRIS and MARK HOLT HARRIS, to be divided
among them as they may agree. In the event that no agreement is
reached, the same shall be divided as my Executor
shall determine or be sold by my Executor and added to the residue
of my estate.
THIRD: I give, and bequeath the rest, residue and remainder
of my estate, whether real, personal or mixed, and of any nature
whatsoever and wherever situated, unto my wife, PATRICIA M. HARRIS,
providing she shall survive me by thirty days.
FOURTH: In the event that my wife, PATRICIA M. HARRIS, should
predecease me or die within thirty days of the date of my death,
then I give, devise and bequeath the rest, residue and remainder of
my estate, whether real, personal or mixed, and of any nature
whatsoever and wherever situate as follows:
~~~ ~`f
1
A. ONE-HALF (1/2) thereof, to my son, MARK HOLT HARRIS. In
the event that~my son,- MARK HOLT HARRIS, should predecease me or
die within thirty days of the date of my death, I give this 1/2
share to his issue, per stirpes. In default of such issue, then
this share shall be added to the share for my son, CHRISTOPHER HOLT
HARRIS:
B. ONE-HALF (1/2) thereof to my son CHRISTOPHER HOLT HARRIS.
If my son CHRISTOPHER HOLT HARRIS is under .the age of Twenty-two
(22) years, his share shall be held by the Trustee hereinafter
named, IN TRUST, far the following uses and purposes:
1. The Trustee s-hall collect all assets of my estate,
including the proceeds from any insurance policies which may be a
part of my estate or otherwise payable to the beneficiaries
hereunder, and shall create a separate trust for the benefit of my
son. The Trustee shall hold, manage, invest and reinvest the
property in such trust and collect the income therefrom until my
son has attained the age of twenty-two.
{a} While my son is under the age of twenty-one years,
my Trustee shall use for his benefit so much of the income of his
trust as my Trustee considers necessary or desirable, for the
welfare, support, education (including college, both undergraduate
and graduate) and maintenance of my son, taking into consideration
his other readily available assets and sources of income.
(b) Whenever my Trustee determines that the income of my
son from all sources known to the Trustee is not sufficient for his
reasonable•support, maintenance and education, and that of his
immediate family, the Trustee may pay to him or use for his
benefit, so much of the principal of his trust as the Trustee
determines to be required for those purposes.
(c) After my son attains the age twenty-one, thereafter
to pay to my son the net income together with so much of the
principal thereof as Trustee shall consider advisable for the
support and education (including college, both undergraduate and
graduate) of such child after taking into consideration his other
readily available assets and sources of income.
(d) When my son attains the age of twenty-two years, my
Trustee shall distribute to him the then remaining principal and
accumulated net income of his trust.
.)
(e) Upon tPie death of my son, CHRISTOPHER HOLT HARRIS,
the Trustee shall distribute his trust, as then constituted, to his
issue, per stirpes. In default of such issue then his-share shall
be added to the share for my son, MARK HOLT HARRIS.
2. 'The Trustee may make payments to or on behalf of any
person who is the beneficiary of any trust hereunder but in no
event, however, shall payments be made to any creditor or other
such person because of anticipation of payment by the beneficiary,
and any such claim made by way of anticipation by the beneficiary
shall be of no validity or legal effect.
3. The Trustee, at its discretion, may exhaust all of the
principal and income in carrying out the purposes of this trust and
should the amount held in trust be or become so small as to
make it impractical or economically unfeasible to continue
holding said amount in trust, the Trustee may pay the total
amount of said trust directly to the beneficiary or to a parent or
guardian of said beneficiary or place said amount in a savings
account for the benefit of said minor until said minor becomes of
age.
FIFTH: I hereby nominate, constitute, and appoint my wife,
PATRICIA M. HARRIS, as Executrix of this, my Last Will and Testa-
ment. Tn the event that my said wife shall predecease me, or be
unwilling or unable to act as my Executor, as aforesaid, then I
nominate, constitute and appoint VINCENT GRENKEVICH, without
necessity for posting security regardless of state of residence, as
Executor of this, my Last Will and Testament. A11 references to
the Executrix herein shall be applicable to said substitute
Executor.
.SIXTH: I hereby nominate, constitute and appoint MERRILL
LYNCH TRUST COMPANY OF AMERICA, as Trustee of the trusts created by
this, my Last Will and Testament, without the necessity for posting
security regardless of state of residence.
SEVENTH: In the event that my wife, PATRICIA M. HARRIS, shall
predecease me, I hereby designate and appoint NICOLE SHUCK and
JAMES SHUCK, as guardians of the person or persons of any minor
child or children, for the duration of the minority of said child
or children, and said guardian may retain custody of said child or
children in any locality. It is my desire that said guardians
shall keep my children together as a family unit until such time as
my youngest child shall reach the age of eighteen years.
-~ '
~ .j
In the event that NICOLE SHUCK or JAMES SHUCK should
predecease me, then I appoint the survivor of them to act as
guardian for my minor child. In the event that neither NICOLE
SHUCK or JAMES SHUCK is willing or able to serve as guardian, then
I appoint MARISA GRENKEVICH to act as guardian fox the minor child.
In the event that MARISA GRENKEVICH is unable or unwilling to serve
as guardian, then T appoint VINCENT GRENKEVICH and FRANCESCA
GRENKENVICH, or the survivor of them to act as guardian for the
minor child.
EIGHTH: My Executrix. shall have, in addition to the powers
and authority conferred upon them by law, the following additional
powers and authority:
1. To sell at public or private sale, exchange, lease,
mortgage or pledge any property, real or personal, at any time
constituting a portion of my estate, and upon such terms and
conditions as the Executrix shall deem wise.
2. To invest any money at any time in such bonds, stocks,
notes, real estate, mortgages, life insurance, annuities or other
securities, or such property, real or personal, as the Executrix
shall deem wise, without being limited by any statutes or rule of
law regarding investments by the Executrix.
3. To retain, without incurring any liability, as
investments, any property owned by me at the time of my death, as
long as they deem it wise, and even though such property is not the
kind of property an Executrix or Trustee would purchase as an
investment; and even though to retain such property might violate
sound diversification principles.
4. To cause any security or other property which may
constitute a portion of a trust or of my estate to be issued, held
or registered in their own name, or in the name of a nominee, or in
such form that title will pass by delivery.
5. To consent to the reorganization, consolidation,
readjustment of the financial structure, or sale of the assets of
any corporation or other organization, the securities of which
constitute a portion of my estate, and to take any action with
reference to such securities which, in the opinion of the Executrix
is necessary to obtain the benefit of any such reorganization,
consolidation, readjustment or sale; to exercise any conversion
privilege or subscription right given to them as owner of any
securities constituting a portion of my estate resulting from any
reorganization, consolidation, readjustment, sale, conversion or
subscription.
4
6. To pay' all costs, taxes, charges and expenses in
connection with the administration of my estate, including such
compensations to Executrix which shall be in accordance with
established fees throughout the period of administration of my
estate.
7. To determine what is "income" and what is "principal"
hereunder, and their decision thereon shall be final; and to
purchase securities at a premium or discount, and to apply or
charge said premium or discount against income or principal as the
Executrix may determine.
8. To transfer, sell, exchange, partition, lease, mortgage,
pledge, give options upon, or otherwise dispose of any property at
any time held by them, at public or private sale, or otherwise.
9. To borrow money from any person, firm or corporation,
including any corporation acting as an Executrix hereunder, for the
purpose of protecting and preserving or improving my estate
hereunder; to execute promissory notes or other obligations for
amounts so borrowed.
10. To employ legal counsel, accountants, brokers, investment
advisors, custodians, managers and other agents and employees and
to pay them reasonable compensation out of my estate or any funds
held hereunder to which said compensation is attributable.
11. To carry on any business owned or controlled by me at my
death for whatever period of time they shall think proper, and they
shall have .the power to do any and all things they. deem necessary
or appropriate, including the power to close out, liquidate ox sell
the business at such time and upon such terms as to them shall deem
best.
12. To do all other acts in their judgment necessary or
desirable for the proper and advantageous management, investment
and distribution of my estate.
NINTH: (A) POWERS OF THE TRUST COMPANY REGARDTNG
AFFILIATES
MERRILL LYNCH TRUST COMPANY OF AMERICA (hereinafter "Trust
Company") shall have the following specific powers as to trust
property and may exercise the same. in its sole and absolute
discretion without Court order or approval:
{a) To engage any corporation, partnership or other entity
affiliated with the Trust Company (an "Affiliated Entity") to
render services to any trust hereunder, including without
limitation:
(i) To manage or advise on the investments of such
trust on a discretionary or nondiscretionary basis.
(ii) To act as a broker or dealer to execute
transactions, including the purchase of any
securities currently distributed,
underwritten, or issued by an Affiliated
Entity, at standard commission rates, mark-ups
or concessions, and to provide other
management or investment services with respect
to such trust, including the custody of
assets.
(b) To invest in common trust funds maintained by the trust
Company and in mutual funds offered by an Affiliated Entity or to
which an Affiliated Entity may render services and .from which an
Affiliated Entity receives compensation.
(c) To purchase thxough or from an Affiliated Entity, acting
as agent or issuer, any life insurance policy or annuity contract,
including, without limitation, any variable life insurance policy
or variable annuity contract., the assets under which may be
allocated by the Trust Company to one or more separate accounts
managed by an Affiliated Entity.
(d) To pay for any of the .foregoing services from trust
property, without reduction for any compensation paid to the Trust
Company for its services as Trustee.
{e} To retain or sell the trust property, including any
securities issued by Merrill Lynch & Co., Inc., and to invest and
reinvest the same in all forms of property, including, without
limitation, stocks, bonds, mutual funds, notes, securities, or
other property including securities issued by Merrill Lynch & Co.,
Tnc.
(f) To cause or permit all or any part of any trust hereunder
to be held, maintained, or managed in any jurisdiction and to hold
any trust property in the name of its nominee or a nominee of any
Affiliated Entity.
} .j
(g) To designate in writing an individual or a bank ox trust
company to act as Special Trustee with respect to specific trust
property, including any securities issued by Merrill .Lynch & Co.,
Inc., or any real property, including any real property owned or
operated by a sole proprietorship, general or limited partnership,
limited liability company, or closely held corporation, or any
interest in any such business enterprise, which is or may become an
asset of any trust hereunder.
The Special Trustee shall hold title to such property and have all
the powers granted to the Trustee hereunder, unless otherwise
limited in writing by the Trustee, to be exercised only with the
approval of the Trustee. The net income and the proceeds of sale
of all or any part of that specific trust property shall be
remitted to the Trustee. The Special Trustee may receive
reasonable compensation for services rendered in such capacity, in
addition to the compensation to which the Trustee is entitled under
this Agreement.
(B) COMPENSATION OF THE TRUSTEE
The Trust Company, and any successor corporate Trustee, shall
receive payment far its services in accordance with its schedule of
rates in effect at the time such compensation becomes payable,
without reduction for any other fees or other compensation paid to
the Trust Company or an Affiliated Entity, including, but not
limited to, such fees ar other compensation paid by any mutual
fund, unit investment trust or other investment vehicle, or an
agent. Such compensation may be paid without Court approval.
(C) ACCEPTANCE OF CERTAIN TRUST PROPERTY_AND INDEMNIFICATION
FOR ENVIRONMENTAL EXPENSES
The Trust Company shall not be deemed to have accepted title
to, and shall not act or be obligated to act in any way as a
fiduciary with respect to, any real property, including any real
property owned or operated by a sole proprietorship, general or
limited partnership, limited liability company, or closely-held
corporation, or any interest in any such business enterprise, which
is or may become an asset of the trust until (i) an appropriate
environmental audit is performed at the expense of the Trustmaker
or the trust to determine that conditions at such real property or
operations conducted by such business enterprise are in compliance
with state and federal environmental laws and regulations affecting
such real property or such business enterprise and (ii) the Trust
Company has accepted such property as an asset of the trust by a
separate writing delivered to the Trustmaker, if living, or, if
not, to the income beneficiary or beneficiaries of the trust (or
their natural o legs guardians), and to the co-trustee, if any.
7
In all events, the Trust Company may decline to accept title to or
act in any way as a fiduciary as to any such property which it has
determined is or thereafter may be in violation of any such
environmental law or regulation. After its qualification,. the
Trust Company shall have the right to reject any property proposed
to be transferred to the trust. The Trust Company shall be held
harmless from and shall be indemnified from the trust estate and by
the Trustmaker for any liability or expense, including reasonable
attorneys' fees, incurred as a result of any violation, actual or
alleged, of any environmental law or regulation with respect to any
property which. the Trust Company has actually or allegedly
accepted.
The Trust Company is expressly authorized to take such
remedial action as it in its sole and absolute discretion deems
appropriate to prevent, abate, remove or otherwise respond to any
actual, threatened or alleged violation of, or otherwise comply
with, any environmental law or regulation, or federal, state or
local agency or Court order, affecting any such property. The
Trust Company may employ agents, consultants or legal counsel to
assist or perform such action. All costs and expenses incurred by
the Trust Company in connection with such action shall be paid by
the trust or the Trustmaker. The Trust Company also may establish
reasonable reserves for the payment of anticipated environmental
expenses.
The Trust Company shall not be liable to the Trustmaker, any
beneficiary, or any other person for any loss or diminution in the
value of the trust resulting from any actual, threatened or alleged
violation of any such environmental law or regulation affecting any
such property or for the payment of any expense of remediation
thereof unless the Trust Company contributed thereto by its willful
misconduct or gross negligence.
(D) TRUSTEE'S ACCOUNTINGS
The Trustee may, but shall not be required to, prepare and
file accountings with any Court. Prior to delivering all of the
property of any trust hereunder to a successor Trustee or to making
any partial or complete distribution of trust principal, the
Trustee may require an approval of its accounting either by a
release and discharge by the beneficiary or beneficiaries of any
such trust or by a Court of competent jurisdiction. All of the
Trustee's fees and expenses (including reasonable attorney's' fees)
attributable to any such accounting and approval shall be paid by
such trust.
8
(E) RESIGNATION OF T USTEE AND APPOINTMENT OF SUCCESSOR
TRUSTEE
-The Trustee may resign as Trustee of any trust hereunder at
any time by written notice delivered to the adult income
beneficiary or beneficiaries of such trust or if there is no adult
~.ncome beneficiary, such notice shall be delivered to the natural
or legal guardians (other than the Trustmaker) of the income
beneficiary or beneficiaries of such trust. Such resignation shall
be effective upon the appointment of a successor Trustee. A
majority in interest of such beneficiaries or such natural or legal
guardians, as the case may be, shall have the power to appoint a
successor Trustee, or in default of such. an appointment, the
Trustee shall have the same power; provided, however, that in no
event may any beneficiary of such trust be appointed to act as
successor Trustee. All of the Trustee's fees and expenses
(including reasonable attorneys' fees) attributable to the
appointment of a successor Trustee shall be paid by such trust. No
bond or other security shall be required of the Trustee or any
successor Trustee in any jurisdiction. Any successor Trustee shall
have the same powers, authorities and discretions as though
originally named as the Trustee.
(F) EARLY TERNjINATION OF TRUST
The Trustee in its sole and absolute discretion may terminate
any trust hereunder at any time it determines that the aggregate
value of the trust property renders continued administration
economically infeasible and, upon such termination, shall pay over
the remaining trust property to the income beneficiary or,
proportionately, the income beneficiaries thereof (or to a parent
or legal guardian in the case of a minor beneficia,~y). Upon such
termination, the remainder interest ~.n such trust shall be
extinguished and the Trustee shall be accountable with respect to
such trust only to such income beneficiary or beneficiaries {or to
a parent or legal guardian, other than the Trustmaker, in the case
of minor beneficiary).
(G) JURISDICTION OF ADMINISTRATION
To minimize any tax in respect of any trust, or any
beneficiary thereof, or for such other purpose as it deems
appropriate, the Trustee may in its sole and absolute discretion
remove all or any part of the property of, or the situs of
administration of, such trust from one jurisdiction to another and
elect, by an instrument filed with the trust records,
that thereafter such trust shall be construed, regulated and
governed as to administration by the laws of such other
jurisdiction. `
9
H. OTHER_POWER~ OF THE TRUST
.~
The Trustee shall have all powers conferred upon it by law
and, without limitation, the following additional specific powers
as to the trust property and may exercise the same in its sole and
absolute discretion without Court order or approval:
(a} To borrow upon such terms and conditions and for such
purposes, and to give such security therefor., as it deems
advisable.
(b) To vote directly or by proxy any securities held
thereunder for any purpose including shares of any mutual funds
advised by any Affiliated Entity.
{c) To make any division, distribution or partition of the
trust property in cash or kind, or partly in cash and partly in
kind, pro rata or non-pro rata.
(d) To employ, and to delegate any of its discretionary
powers to agents, attorneys, investment advisors, or accountants as
it deems necessary and proper and to pay far such .services from the
trust property.
{e) In connection with any trust property to which any
person, other than my son, who is then under the age of twenty-one
(27.} years becomes entitled (including any discretionary
distributions), (i} to pay over such property, without bond,
directly .to such persons, such person's guardian or conservator,
the person .with whom such person resides, or any custodian for such
person under the provisions of any Uniform Transfers or Gifts to
Minors Act; or (ii) to hold any portion or all of such property
which is not paid over as provided in the foregoing clause, though
vested in such person, in trust for the following uses and
purposes: to hold and manage the same and to pay or apply so much,
including all, of the net income and principal to or for such
person as the Trustee in its sole and absolute discretion shall
determine to be advisable {adding any net income not so paid or
applied to the principal annually), and the Trustee may but need
not consider any other income or resources of such person; and when
such person reaches the age of twenty-one {21) years, any property
then remaining in the hands of the Trustee shall be paid over to
such person, or upon such person's death before reaching the age of
twenty-one {21) years, to such person's personal representative.
The Trustee shall be completely discharged with respect to the
payment of any such property made pursuant to any of the above
provisions.
l' , ~
\ ~' y
1 O
TENTH: I direct that all transfer and inheritance taxes,
state or federal, assessed because of my death; whether the funds,
property or insurance proceeds to which such taxes are attributable
pass under this Will. or not, shall be paid out of my
residuary estate; that my Executrix pay, or provide for payment of
all such taxes at such time, or times, and in such manner as my
Executrix deems best.
TN WITNESS WHEREOF, I, RICHARD H. HARRIS, JR., the Testator to
this, my Last Will and Testament, typewritten on eleven sheets of
paper which I have identified at the bottom of each page by my
s~. nature, hereunto set my hand and seal the ~_ day of
~eo~e..xL,.~ 19 9 7 .
__--- ( SEAL )
RICHARD H. HARRIS, JR.
a
`te
,` ~ _ 1
The preceding instrument consisting of this and eleven other
typewritten pages, each identified by the signature of the
Testator, RICHARD H. HARRIS, JR., was on this day and date .thereof
signed, published and declared by RICHARD H. HARRIS, JR., the
Testator therein named, as and for his Last Will, in the presence of
us who, at his request, in his presence, and in the presence of
each-other have subscribed our names as witnesses.
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF DAUPHIN
I, RICHARD H. HARRIS, JR., 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. ____ ~
RICHARD H. HARRIS,
Sworn of affirmed to and acknowl dged before me by ICHARD H.
HARRIS, JR., the Testator the day of 1997.
(SEAL)
. ~,-,~>.~~C-fit
12
.~ y4~~1 l~t~~i~~~s,++
Notary Public
NoEarial Seal
Michael Cherewka, Notary Public
Susquehanna Twp., Dauphin County
My Commission Expires Feb. 5, 2001
Member. Pennsylvania Association of Notaries
COMMONWEALTH OF PENNSYLVANIA
COUNTY, OF DAUPHIN
We _ .%'Au' D / l' /~-i4DCl,~FF and ~..1~,:e,v'ut 2 2 e~ the
witnesses whose names are signed to the' attached or foregoing
instrument, being duly qualified according to law, do depose and
say that we were present and saw Testator sign and execute the
instrument as his Last Will; that he signed willingly and that he
executed it as his 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 Testator waslda ~ nos constrainthoreundue minfluence, of age' of
sound mind and u
-_---~-
wor r affirmed to and subs ibed o before me,bwitnesses,
,~ and ~.
.fd ay of 1997.
this
{SEAL )
N ~ y Public
Notarial Seal
Michael Cherewka, Notarryy Public
Susquehanna 7w ., Dauphin County
My Commission Expires Feb. 5, 2t~1
Member. Pennsylvania Association of Notaries
..~-
~~--r ~~~/,~. 13