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HomeMy WebLinkAbout04-0580Will R W 21-1 PETITION FOR PROBATE and GRANT OF LETTERS Estate of. ROBERT L. KERSTETTER also known as Social Security No 174-20-5095 ,Deceased ................... Register of Wills for the County of Cumberland in the Commonwealth of Pennsylvania The petition of the undersigned respectfully represents that: Your petitioner(s) is/are 18 years of age or older and the executor(s) Douglas A. Kerstetter and Lawrence R. Kerstetter named in the last will of the above decedent, dated~_~,. ~ q, O 0 and codicil(s) dated Decedent was domiciled at death in Cumberland County with his/her last family or principal residence at 29 Hogestown Road, Mechanicsburg, Pennsylvania 17055. Decedent, then 'l o[ years of age, died at __~~~~~~~..~ Except as follows, decedent did not marry, was not divorced and did not have a child born or adopted after execution of the will offered for probate; was not the victim of a incompetent Decedent at death owned property with estimated values as follows: (If domiciled in Pa.) All personal property $ (If not domiciled in Pa.) Personal property in Pennsylvania $ (If not domiciled in Pa.) Personal property in County $ Value of real estate in Pennsylvania $ situated as follows: killing and was never adjudicated WHEREFORE, petitioner(s) respectfully request(s) ~~ grant of letters T;~ ~ ~,o ~%% thereon.'-~_ . the probate of the last will and codicil(s) presented OATH OF PERSONAL REPRESENTATIVE COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND } } SS } The petitioner(s) above-named swear(s) or affirm(s) that the statements in the foregoing petition are tree and correct to the best of my knowledge and belief of petitioner(s) and that a~e~so.n, al ~~s0..of the above decedent petitioner(s) will well and truly administer the estate according to law. Swom to or affirmed and subscribed "A before me this [ ~ 1:~ day of ~-c>~_. ,2004 Deputy Register Estate of ROBERT L. KERSTETTER, Deceased AND NOW, DECREE OF PROBATE AND GRANT OF LETTERS ~}' .D Oc~4 , in consideration of the petition on the reverse side hereof, satisfactory proof having been presented before me, IT IS DECREED that the instrument(s), dated described therein be admitted to probate and filed of record as the last will of ROBERT L. KERSTETTER Testamentary and Letters are hereby granted to DOUGLAS A. KERSTETTER and LAWRENCE R. KERSTETTER Register of mils Q~r -~ ~ FEES U' Probate, Letters, Etc Short Certificates ~). $ i0 il;1 .oo Brett B. Weinstein 78665 ATTORNEY (Sup. Ct. I.D. No.) 707 W. Dekalb Pike, Suite 2 King of Prussia, Pennsylvania 19406 ADDRESS (610) 337-3733 PHONE his is to certify that the information here given is correctly copied from an original certificate of death duly filed Local Registrar. The original certificate will be forwarded to the State Vital Records Office for permanem filing. WARNING: It is illegal to duplicate this copy by photostat or photograph. Fee for this certificate, $2.00 No. JUN 1 Date COMMONWEALTH OF PENNSYLVANIA · DEPARTMENT OF HEALTH · VITAL RECORDS CERTIFICATE OF DEATH Kerstetter ~male ,.174 -- 20 - 5005 7 9 y~ Cumberland mechanic 29 Hogestown Rd. ~echanicsburg~Pa. 17055 Arthur V. Kerstetter La.fence R. Kerstetcer ,,. Maude Long ~. ~'~ ~ea~c ~dge°~. ~lC~ot t sbu rg ,Pa. 17024 I~ I RR4 17801 I~,~Northumberland Mem. P~,,$unburT~ Pa. .FI ,,b. Jun.15, 2004 86 L z~,Blank Funeral Hm.tSunbury,Pa.17801 LAST WILL AND TESTAMENT (Pour-Over Will) OF ROBERT L. KERSTETTER IDENTITY I, ROBERT L. KERSTETTER, residing in the County of Cumberland, Co..mmonwealth of Pennsylvania, being of sound mind and memory, and not acting under duress or undue influence of any person whomsoever, hereby declare this to be my Last Will and Testament, and I do hereby revoke all other former Wills and Codicils to Wills heretofore made by me. My Social Security Number is 174-20-5095. All reference made herein to "spouse or my spouse" refers to the person to whom I am currently married, namely, JANET F. KERSTETTER. By the ensuing provisions of this Will, it is my intention to dispose of my interest in our property; I do not intend to dispose of anything belonging to my wife or to put her to any election. I have the following children: LAWRENCE R. KERSTETTER born October 24, 1950 and currently residing in Elliotsburg, PA 17024; DOUGLAS A. KERSTETTER born September 4, 1956 and currently residing in Franklintown, PA 17323. DEBTS, TAXES AND ADMINISTRATION EXPENSES I have provided for the payment of all my debts, expenses of administration of property wherever situated passing under this Will or otherwise, and estate, inheritance, transfer, and succession taxes, other than any tax on a generation-skipping transfer that is not a liability of my Estate (including interest and penalties, if any) that become due by reason of my death, under THE ROBERT L. KERSTETTER AND JANET F. KERSTETTER REVOCABLE LIVING TRUST executed on even date herewith (the "Revocable Trust"), or if my spouse predeceases me, under the Survivor's Trust created by the said Revocable Trust. If the Revocable Trust assets should be insufficient for these purposes, my Executor shall pay any unpaid items from the residue of my Estate passing under this Will, without any apportionment or reimbursement. In the alternative, my Executor may demand in a writing addressed to the Trustee of the Trust an amount necessary to pay all or part of these items, plus claims, pecuniary legacies, and family allowances by court order. PERSONAL AND HOUSEHOLD EFFECTS It is my intent that all my personal and household effects were transferred to the Revocable Trust as a result of the Declaration of Intent signed this date. If there are any questions regarding the ownership or disposition of these assets, it is my desire that such assets pour into the Revocable Trust, signed by me this date in accordance with the provisions of the section titled "Residue of Estate." POUR-OVER WILLS Page 1 (Testator/Testatrix) RESIDUE OF ESTATE I give, devise and bequeath all the rest, residue and remainder of my property of every kind and description (including lapsed legacies and devices), wherever situated and whether acquired before or after the execution of this Will, to the Trustee under that certain Trust executed by me on the same date of the execution of this Will. The Trustee shall add the property bequeathed and devised by this item to the corpus of the above described Trust and shall hold, administer and distribute said property in accordance with the provisions of the said Trust, including any amendments thereto made before my death. If for any reason the said Trust shall not be in existence at the time of death, or if for any reason a court of competent jurisdiction shall declare the foregoing testamentary disposition to the Trustee under said Trust as it exists at the time of my death to be invalid, then I give all of my Estate including the residue and remainder thereof to that person who would have been the Trustee under the Trust, as Trustee, and to their substitutes and successors under the Trust, described herein above, to be held, managed, invested, reinvested and distributed by the Trustee upon the terms and conditions pertaining to the period beginning with the date of my death as are constituted in the Trust as at present constituted giving effect to amendments, if any, hereafter made and for that purpose I do hereby incorporate such Trust by reference into this my Will. EXECUTOR I hereby nominate and appoint JANET F. KERSTETTER as my Independent Executor of this, my Last Will and Testament, to serve without bond. In the event the first named Executor shall predecease me or is unable or unwilling to act as my Executor for any reasons whatsoever, then and in that event, I hereby nominate and appoint LAWRENCE R. KERSTETTER and DOUGLAS A. KERSTETTER to serve without bond as my Joint Executors. In the event that one of the Joint Executors shall predecease me, or is unable or unwilling to act as my Executor for any reason whatsoever, then and in the event I hereby nominate and appoint the remaining Executor(s) to serve without bond as my Independent Executor(s). Whenever the word "Executor" or any modifying or substituted pronoun therefore is used in this my Will, such words and respective pronouns shall be held and taken to include both the singular and the plural, the masculine, feminine and neuter gender thereof, and shall apply equally to the Executor named herein and to any successor to substitute Executor acting hereunder, and such successor or substitute Executor shall possess all the rights, powers, duties, authority, and responsibility conferred upon the Executor originally named herein. EXECUTORPOWERS By way of Illustration and not of limitation and in addition to any inherent, implied or statutory powers granted to executors generally, my Executor is specifically authorized and empowered with respect to any property, real or personal, at any time held under any provision of this my Will: to allot, allocate between principal and income, assign, borrow, buy, care for, collect, compromise claims, contract with respect to, continue any business of mine, convert, deal with, dispose of, enter into, exchange, hold, improve, incorporate any business of mine, invest, lease, manage, mortgage, grant and exercise options with respect POUR-OVER WILLS Page 2 (Testator/Testa~trix) to, take possession of, pledge, receive, release, repair, sell, sue for, make distributions in cash or in kind of partly in each without regard to the income tax basis of such asset and in general, exercise all of the powers in the management of my Estate which any individual could exercise in the management of similar property owned in its own right upon such terms and conditions as to my Executor may seem best, and execute and deliver any and all instruments and do all acts which my Executor may deem proper or necessary to carry out the purpose of this my Will, without being limited in any way by the specific grants or power made, and without the necessity of a court order. My Executor shall have absolute discretion, but shall not be required, to make adjustments in the rights of any Beneficiaries, or among the principal and income accounts to compensate for the consequences of any tax decision or election, or of any investment or administrative decision, that my executor believes has had the effect, directly or indirectly, of preferring one Beneficiary or group of Beneficiaries over others. In determining the Federal Estate and Income Tax liabilities of my Estate, my Executor shall have discretion to select the valuation date and to determine whether any or all of the allowable administration expenses in my Estate shall be used as Federal Estate Tax deductions or as Federal Income Tax deductions and shall have the discretion to file a joint income tax return with my spouse. SPECIFIC OMISSIONS I have intentionally omitted any and all persons and entities from this, my Last Will and Testament, except those persons and entities specifically named herein. If any person or entity shall challenge any term or condition of this Will, or of the Living Trust to which I have made reference in the sections "Household and Personal Effects" and "Residue of Estate," then, to that person or entity, I give and bequeath the sum of only one dollar ($1.00) only in lieu and in place of any other benefit, grant, bequest or interest which that person or interest may have in my Estate or the Living Trust and its Estate. SIMULTANEOUS DEATH If my spouse and I should die under circumstances such that the order of our deaths cannot be determined, then it shall be conclusively presumed for the purpose of this Will that my spouse survived me. If any other Beneficiary should not survive me for sixty (60) days, then it shall be conclusively presumed for the purpose of this my Will that said Beneficiary predeceased me. ~OI~t~RT L. I~ERS~'E;I'TER Testator POUR-OVER WILLS Page 3 (Testator/Testatrix) This instrument consists of 5 typewritten pages, including the Attestation Clause, Self-Proving Clause, signature of Witnesses, and acknowledgment of officer. I have signed my name at the bottom of each of the~ preceding pages. This instrument is being signed by me on this /~;'~ day of ATTESTATION CLAUSE The Testator whose name appears above declared to us, the undersigned, that the foregoing instrument was his Last Will and Testament, and he requested us to act as witnesses to such instrument and to his signature thereon. The Testator thereupon signed such instrument in our presence. At the Testator's request, the undersigned then subscribed our names to the instrument in our own handwriting in the presence of the Testator. The undersigned hereby declare, in the presence of each of us, that we believe the Testator to be of sound and disposing mind and memory. Signed by us on the same day and year as this Last Will and Testament was signed by the Testator. WITNESSES: (Prin~ed Name of Witness) '-(~ri~ed Name-of W'itne~) ADDRESSES: POUR-OVER WILLS Page 4 (Testator/Testatrix) COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SELF-PROVING CLAUSE BEFORE ME, the undersigned authority, on this day personally appeared ROBERT L. KERSTETTER,~oto~, 4. (_.gc2,~' and ;:~q'N ~u~,d (_.,o 5~7' known to me to be the Testator and the witnesses, respectively, whose names are subscribed to the foregoing instrument in their respective capacities, and all of them being by me duly sworn, ROBERT L. KERSTETTER, Testator, declared to me and to the witnesses, in my presence, that the instrument is his Will and that he had willingly made and executed it as his free act and deed for the purposes therein expressed; and the Witnesses, each on his or her oath, stated to me in the presence and hearing of the Testator, that the Testator had declared to them that the instrument is his Will and that he executed the same as such and wanted each of them to sign it as a witness; and upon their oaths, each witness stated further that he did the same as a witness in the presence of the Testator, and at his request and that he was at that time eighteen (18) years of age or over and was of sound mind, and that each of the witnesses was then at least fourteen (14) years of age. ~OBE[~TZ. KI~R~TETTER Testator (Printed Name of Witness) ~fl~e ss (Printed Name of Witness) SUBSCRIBED AND ACKNOWLEDGED before me by ROBERT L. KERSTETTER, Testator, and subscribed and sworn to b_efo,re me by~OM~/..~ <~. ~o5'~ and ~gL~'7'/¥,~/~/~ (.~o 5-3' , witnesses, this the/t¥]~ day of ,J ~/tx/~ , 20o0. POUR-OVER WILLS Page 5 (Testator/Testatrix) Cumberland County - Register Of Wills Hanover and High Street Carlisle, PA 17013 Phone: (717)240-6345 Date: 09/01/2004 WEINSTEIN BRETT B ESQ 707 WEST DEKALB PIKE SUITE 2 KING OF PRUSSIA, PA 19406 RE: Estate of KERSTETTER ROBERT L File Number: 2004-00580 Dear Sir/Madam: It has come to my attention that you have not filed the Certification of Notice Under Rule 5.7 (a) in the above captioned estate. As per the AMENDMENTS TO SUPREME COURT ORPHANS' COURT RULES, NO. 103 SUPREME COURT RULES DOCKET NO. 1, for decedents dying on or after July 1, 1992, the personal representative or his counsel, within ten (10) days after giving proper notice to the beneficiaries and intestate heirs as required by subdivision (a) of Rule 5.7, shall file with the Register of Wills or Clerk of the Orphans' Court his/her Certification of Notice. This filing will become delinquent on 09/28/2004 Your prompt attention to this matter will be appreciated. Thank You. cc: File Personal Judge Representative(s) Sincerely, ARNER STRASB~UGH Clerk of the Orphans, Court Cumberland County - Register Of Wills Hanover and High Street Carlisle, PA 17013 Phone: (717)240-6345 Date: 09/01/2004 KERSTETTER DOUGLAS 67 WINCHESTER GARDENS CARLISLE, PA 17013 RE: Estate of KERSTETTER ROBERT L File Number: 2004-00580 Dear Sir/Madam: It has come to my attention that you have not filed the Certification of Notice Under Rule 5.7 (a) in the above captioned estate. As per the AMENDMENTS TO SUPREME COURT ORPHANS' COURT RULES, NO. 103 SUPREME COURT RULES DOCKET NO. 1, for decedents dying on or after July 1, 1992, the personal representative or his counsel, within ten (10) days after giving proper notice to the beneficiaries and intestate heirs as required by subdivision (a) of Rule 5.7, shall file with the Register of Wills or Clerk of the Orphans' Court his/her Certification of Notice. This filing will become delinquent on 09/28/2004 Your prompt attention to this matter will be appreciated. Thank You. cc: File Counsel Judge Sincerely, GLENDA FARNER ~ Clerk of the Orphans' Court Cumberland County - Register Of Wills Hanover and High Street Carlisle, PA 17013 Phone: (717)240-6345 Date: 09/01/2004 KERSTETTER LAWRENCE R 1487 PEACH RIDGE RD ELLIOTSBURG, PA 17024 RE: Estate of KERSTETTER ROBERT L File Number: 2004-00580 Dear Sir/Madam: It has come to my attention that you have not filed the Certification of Notice Under Rule 5.7 (a) in the above captioned estate. As per the AMENDMENTS TO SUPREME COURT ORPHANS' COURT RULES, NO. 103 SUPREME COURT RULES DOCKET NO. 1, for decedents dying on or after July 1, 1992, the personal representative or his counsel, within ten (10) days after giving proper notice to the beneficiaries and intestate heirs as required by subdivision (a) of Rule 5.7, shall file with the Register of Wills or Clerk of the Orphans' Court his/her Certification of Notice. This filing will become delinquent on 09/28/2004 Your prompt attention to this matter will be appreciated. Thank You. CC: File Counsel Judge Sincerely, ~ARNER S~ Clerk of the Orphans' Court i REV-1500 CO"~ON~'~LT"O..~..S~LV~ INHERITANCE TAX RETURN DEPARTMENT OF REVENUE .A..~.~.%: ~7~;2,.0~o~ RESIDENT DECEDENT DECEDENT'S NAME (LAST, FIRST, AND MIDDLE INITIAL) Kcrstetter, Robert L. SOCIAL SECURITY NUMBER ~ DATE OF DEATH (MM-DC-YEAR) DATE OF BIRTH (MM-DDoYEAR) 174-2o-5o95 ~ THIS RETURN MUET BE FILED IN DUPLICATE WITH THE .9, 06/10/2004 09/15/1924 REGISTER OF WILLS C3 IIF APPLICABLE) SURVIVING SPOUSE'S NAME ( LAST, FIRST AND MIDDLE INITIAL) SOCIAL SECURITY NUMBER ~,go. z o z FILE NUMBER 21 04 00580 [] 1. Original Return [] 2, SupplementaI Return ] 3. Remainder Re{urn (date of death pnor to 1243-82) ] 4. Limited Estate [] 4a, Future Interest Compromise (date of death a~ter 1242-82) [] 6. DecedentDiedTestate(Attachcopy [] 7. DecedentMaintainedaLivingTrust(Atlach of Will) copy of Tms~) [] 9. Litigation Proceeds Received [] 10. SpousalPoverb/Credit(dateofdeathbe~ween Brett B Weinstein :IRM NAME (If appliCable) Wemstein Law Offices FELEPHONE NUMBER 610/337-3733 [] 5. Federal Estate Tax Return Required ~0 8. Torsi Number of Safe Deposit Boxes [] 11.Election to tax under Sec. 9113(A) (Attach Sm o) COMPLETE MAILING ADDRESS 705 West DeKalb Pike King of Prussia, PA 19406 1. Real Estate (Schedule A) 2. Stocks and Bonds (Schedule B) 3. Closely Held Corporation, Partnership or Sole-Proprietorship 4. Mortgages & Notes Receivable (Schedule D) 5. Cash, Bank Deposits & Miscellaneous Personal Property (Schedule E) 6. Jointly Owned Property (Schedule F) [] Separate Billing Requested 7. Inter-Vivos Transfers & Miscellaneous Non-Probata Proper~y (Schedule G or L) 8. Total Gross Assets (total Lines 1-7) 9. Funeral Expenses & Administrative Costs (Schedule H) 10. Debts of Decedent, Mortgage Liabilities, & Liens (Schedule I) 11. Total Deductions (total Lines 9 & 10) 12. Net Value of Estate (Line 8 minus Line 11) (1) None (2) None (3) None (4) No~ (5) 13,827.0~ (6) (7) 110,904.0 (9) 10 842.0~ h,J. (10) 1,065.00 r,,,) 13. Charitable and Governmental Bequests/Sec 9113 Trusts for which an election to tax has not been made (Schedule J) 14. Net Value Subject to Tax (Line 12 minus Line 13) (11) (12) (13) (14) OFFICIAL USE ONLY 124,731.00 11,907.00 112,824.00 112,824.00 SEE INSTRUCTIONS ON REVERSE SIDE FOR APPLICABLE RATES 15.Amount of Line 14 taxable at the spousal tax rate. or transfers under Sec. 9116(a)(1.2) x .00 (15) 16. AmountofLine14taxableatlinealrate 112,824.00 x .045 (16) 17.Amount of Line 14 taxable at sibling rate x .12 (17) 18. Amount of Line 14 taxable at collateral rate x .15 19. Tax Due (19) 5,077.08 5,077.08 Copyright 2000 form software only The Lackner Group, Inc. Form REV-'I500 EX (Rev. 6-00) Decedent's Complete Address: STREET ADDRESS ~ Mechanicsburg 29 Hogestown Road Tax Payments and Credits: 1. Tax Due (Page 1 Line 19) 2. Credits/Payments A. Spousal Poverty Credit B. Prior Payments C. Discount 253.85 TATE PA IZIP 17055 (1) 5,077.08 3. Interest/Penalty if appricable D. Interest E. Penalty Total Credits (A + B + C) Total Interest/Penalty (D + E) (2) 253.85 (3) 0.00 4. If Line 2 is greater than Line 1 + Line 3, enter the difference. This is the OVERPAYMENT. (4) Check box on Page I Line 20 to request a refund 5. If Line1 + Line 3 is greater than Line 2, enter the difference. This is the TAX DUE. (5) 4,823.23 A. Enter the interest on the tax due. (5A) __ B. Enter the total of L ne 5 + 5A. This is the BALANCE DUE. (5B) 4,823.23 Make Check Payable to: REGISTER OF WILLS, AGENT -- PLEASE ANSWER THE FOLLOWING QUESTIONS BY PLACING AN "X" IN THE APPROPRIATE BLOCKS 1. Did decedent make a transfer and: Yes No a. retain the use or Income of the property transferrad; .................................................................................. ~ ~ b. retain the right to designate who shall use the property transferred or its income; .................................... c. retain a reversionary interest; or ....................................................................................................... d. rece ve the prom se for fe of e her payments, benefits or care? .............................................................. 2. If death occurred after December 12, 1982, did decedent transfer property within one year of death without receiving adequate consideration? ....................................................................................................................... [] [] 3. Did decedent own an "in trust for', °r payable upon death bank account or security at his or her death? ......... [] [] 4. Did decedent own an Individual Retirement Acceunt, 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. preparer other than the personal representative is based on all information of which preparer has any knowledge. SIGNATURE OF PERSON RESPONSISLE FOR FILING RETURN ADDRESS Elliottsburg, PA 17024 DougLas A. Kerstetter ADDRESS 67 Winchester Garden Carlisle, PA 17013 ~ fuei' 705 West DeKalb Pike V :f /' ~' King of Prussia, PA 19406 For ~tes 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 surv~wng spouse is 3% [72 P,S. §9116 (a) (1.1) (i)]. For dates of death on or after January 1, 1995, the tax rate imposed on the net value of transfers to or for the use of the surviving spouse is 0% [72 P.S. §9116 (a) (1.1) (ii)]. The statute does not exemot a transfer to a surviving spouse from tax, and the statutory requirements for disclosure of assets and tiling a tax return are still appliceble even if the surviving spouse is the only beneficiary. For dates of death on or after July 1, 2000; parent, an adoptive parent, or a stepparent of the child is 9% [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 benetic aries is 4.5%, except as noted in 72 P.S. §9116 1.2) [72 P.S. §9116 (a) (1)]. The tax rate imposed on the net value of transfers to or for the use of the decedent's siblings is 12% [72 P.S. §9116 {a) (1.3)]. A sibling is defined, under Section 9102, as an individual who has at least one parent in common with the decedent, whether by blood or adoption. SCHEDULE E CASH, BANK DEPOSITS,& MISC. PERSONALPROPERTY COMMONWEALTPI OF PENNSYLVANIA ~NH~RITANCE TAX RETURN RESIDENT DECEDENT ESTATE OF Kerstetter, Robert L. FILE NUMBER 21 - 04 - 00580 Include the proceeds of itigation and the date the proceeds were received by the estate. All property jointly-owned with the right of survivorship must be disclosed on schedule F. - ITEM NUMBEF DESCRIPTION VALUE AT DATE OF ] DEATH 3 2003 Chevrolet Malibu Sedan VrN IG1ND52J33M698493 Members 1 st Federal Credit Union Checking Account No. 229849-11 Members 1st Federal Credit Union Savings Account No. 229849-0 8,960.00 3,935.00 932.00 TOTAL (Also enter on Line 5, Recapitulation) 132827.00 COMMOI~gNEALTH OF PENNSYLVANIA INHERITANC~ TAX RETURN RESIDENT DECEDENT ESTATE OF SCHEDULE G INTER-VIVOSTRANSFERS & MISC. NON-PROBATE PROPERTY Kerstettcr, Robert L. This schedule must be completed and flied if th FILE NUMBER 21 - 04 - 00580 ....~ ................... = =,,=w=r [o an~uestions I throu~h~ is es.~ ITEM DESCRrPTrON OF PROPERTY NUMBER Include [he name of the transferee, [heir m[atlonship [o decedent and the date of transfer. DATE OF DEATH % OF A[tach a copy of the deed for real eslate. VALUE OF ASSET DECD'S EXCLUSION TAXABLE VALUE INTEREST (IF APPLICABLE) 1 Decedent was t~ustee and grantor of the Robert L. Kerstetter and Janet F. Kerstetter Revocable Living Trust Agreement dated June 19, 2000. Janet F. Kerstetter having predecease~ on June 1, 2003, a copy of her death certificate is attached. The following were assets funded to that trust: 2 29 Hogestown Road 110,904.0( 110,904.00 Mechanicsburg, PA Book 223 Page 803 Settlement Sheet Attached TOTAL (Also enter on line 7, Recapitulation) 110,904.00 SCHEDULE H FUNERAL EXPENSES & ADMINIS*/RATIVE COSTS COMMONWEALTH OF PENNSYLVANIa, ~HERFrANCE TAX RETURN RESIDENT DECEDENT ESTATE OF Kcrstettcr, Robert L. FILE NUMBER 21 - 04 - 00580 Debts of decedent must be reported on Schedule I. ITEM NUMBER DESCRIPTION AMOUNT FUNERAL EXPENSES: Jcrre Wirt Blank Funeral Home ADMINISTRATIVE COSTS: Personal Representative's Commissions Social Secudty Number(s) / EIN Number of Personal Representative(s): Street Address City State ~ Zip Year(s) Commission paid Attorney's Fees Brett B. Weinstein Family Exemption: (If decedent s address is not the same as c a mant's, attach explanation) Claimant Street Address City Relationship of Claimant to Decedent Probate Fees Cumberland County State --. Zip Accountant's Fees Tax Return Preparer's Fees Other Administrative Costs Derr's Trash Hauling Miscellaneous Expenses Total of Continuation Schedule(s) 5,038.00 4,050.00 112.00 365.00 2.00 1,275.00 TOTAL (Also enter on line 9, Recapitulation) I 10,842.00 COMMONVVEALTH OF PENNSYLVANIA INHERITANCE TAX RETURN RESIDENT DECEDENT ESTATE OF Kerstetter, Robert L. $ch~lub H FILE NUMBER 21 - 04 - 00580 Lawn Care Expense Travel Expense 640.00 635.00 Page 2 of Schedule H SCHEDULE I DEBTS OF DECEDENT, MORTGAGE LIABILITIES, & LIENS COMMONWEALTH OF PENNSYLVANI~ INHERrrANCE TM RETURN ESTATE OF Kerstetter, Robert L. FILE NUMBER 21 - 04 - 00580 Include unreimbursed medical expenses. ITEM NUMBER 1 2 3 4 5 6 7 8 DESCRIPTION West Shore EMS-ALS Outstanding Medical Bills IDT Long Distance Phone Carrier Bill Silver Spring School District Tax Bill Department of Veterans Affaks Outstanding Medical Bill Verizon Wireless Outstanding Telephone Service Silver Spring Township Authority Sewer Bill PPL Electric Utility Bills UG Gas Service Utitlity Bills AMOUNT 600.00 8.00 10.00 7.00 41.00 115.00 240.00 44.00 TOTAL (Also enter on Line 10, Recapitulation) 1,065.00 SCHEDULE J INHERITANCE TAX RETURN BENEFICIARIES ESTATE OF Kerstetter, Robert L. FILE NUMBER RELATIONSHIP TO AMOUNT OR SHARE NUMBER NAME AND ADDRESS OF PERSON(S) RECEIVING PROPERTY DECEDENT Oo Nc,* Lt.* Tru.~,{~) OF ESTATE I. TAXABLE DISTRIBUTIONS (include outright spousal distributions) 1 Lawrence R. Kerstettcr Son One-half of residual 1487 Peach Ridge Road Elliottsburg, PA 17024 2 Douglas A. Kerstetter Son One-half of residual 67 Winchester Garden Carlisle, PA 17013 Enter dollar amounts for distributions shown above on lines t 5 through 18, as appropriate, on Rev 1500 cover sheet I]~. NON-TAXABLE DISTRIBUTIONS: A. SPOUSAL DISTRIBUTIONS UNDER SECTION 9113 FOR WHICH AN ELECTION TO TAX IS NOT BEING MADE B. CHARITABLE AND GOVERNMENTAL DISTRIBUTIONS TOTAL OF PART II - ENTER TOTAL NON-TAXABLE DISTRIBUTIONS ON LINE 13 OF REV-1500 COVER SHEET his is lo certil~ that the information here given is correctly copied fi'om an origi, al certificate of death duly filed whh m~ ;~ Loc:fi Kegistrar. The original certificate will be fbrwarded to the State Vital Records Office for permanc,t filing. WARNING: It is illegal to duplicate this copy by photostat or iM~otograph. Fee for this certificate, $2.00 Local Regish'ar JUN 1 6 2 04 COMMONWEALTH OF PENNSYLVANIA · OEPARI%IENT OF HEALTH · VITAL RECORDS CERTIFICATE OF DEATH ," . · , . [ . '. Kerstetter .. Ma~de Long Lawrence R. Kerstetter ,~.Jun. I5, 2004 ~,~iqorthumberland Mem. P z~unbury, L ln~Blaak Funeral Hm.,Sunbury,Pa.17801 This s to cerdf7 that the inlbrmadon here ~ive~ is ool'rectb, co"ied fi .......... · ' ..... WARNING: t{.ig Illegal to dup!l~ale this ~0Py by photoglat or photograph. for Od~ certificate, $2.00 9_3_49,448- Date 17801 TIlE ROIIERT L. KERSTETTER AND JANET F. KERSTE'FFER REVOCABLE LIVING TRUST AGREE1HENT BETWEEN: ROBERT L. KERSTETTER AND JANET K KERSTETTER, AS SETTLERS AND: ROBERT L. KI~.RSTETTER AND JANET It. KERSTETTER. AS TRUSTEES ROBERT L, KERSTE'I'I'EII AND .IANET F. K' ' ' ERSTETTER. residents uf the Commonwealth of Pcnnsylva,ia, County of Cumberland, do hereby ~slablish a Trust upon Ihe conditions and for tire parposes hereafter scl forth. A I'[r['lC I.l~ ONE Section 1,01 ~t Estalc Defined This Revocable Trust is Ibrmed to hold title Io real al]d personal properly for Ihe benetit of Ihc Sctllors of Ibis Tmsl and to provide for Iht orderly use aad traasfer of these ass¢ls upoa lbo death ofthe Settlers. The q'rust Eslal¢ is defined as all properly transferred or conveyed to aad re¢c ced by the Trustee held pursuaat m lire terms oflhis instrumenl. The Trustee is required Io hold. adminisler, aad distribala this properly as provided in Ihis Trusl Agl'eelllelll, Scclioa 1.02 As used ill this Trust Agreement: The term "1 lusbaad" shall mean ROBERT L. KERSTE'I"IER.. The term "Wilb' shall mean JANET F. KERSTETTER. Ihale I Sello su relcr rid vtt I yaldco cctlvcy otasbaa{ aa{ Wife. The term "DesceadmW' shall mcan tile lawful issue of a deceased pm'cat ill thc linc of dcscenL bul does not include the issae of any parent who is a descendant of tire deceased person in question and who is living nt tire time in questioa. The terms "Child" and "DescendmW' include nay issue hera to decedeat, a child legally adopted by Ibc dccedeat, and a poslhullloas chiM ora decedellt. A posthtlmoas chiM is to be considered as living at the time of his or her parent's death. The tera~ Srv yes tlr SllrVivi Ig , talless otherwise indicated herein, shall be coaslrtled to mean surviving thc decedent for ut least sixty {60) days. If the person referred to dies within ~ixly (60) days of the death of the decedent, the relbm,ce to him or her will b~ I'tEVOCABLE LIVING TRUST AGREEMENT Page 1 construed as if he or she had £uiled to survived tilu decedent: provided, Isowever, that such person will hnxrc, during such period, the right to the use nnd enjoyment as a lil~ tennnt of nil pz~pe~y in ~vhi~h his or her interest will fhil by reason ofd~alh durin~ such period. The term "Issue" will include all natural nnd ~ldopted ~hildren, if uppli~nble, mid descendm~ts nnd lhose le~aJly udopted into the line oFdescenl. Thc ICFtu "Per Stirpes" means strict per StJl'pCs Ulld dOCS llOt 111Call per capitu with zepmsenlation. ~eneficiarics cnlidcd to luke under a "per stirpcs' clau~c will include bodt n~h~ral and udopted child.s and their descendants. lO. 'rile lerms"Trust Assets" ~nd "Trusl Estute" h~¢lude all assets of any trust created hereunder and income derived fi'om such usscts uud all proceeds ofa y ( cscr pi m derived from the sale, cxchaugc, or other disposition of such assets, When required to give reasonable elliot to the coldexl in which used, prononns in thc masculine, tbmininc, or Iletller gender include each olher, and nouns lind pronouns in the plural or singular number i,clude each other. Section 1.03 Trustee Dcsi, ation I lusband and wil~ LU'~ hereby designa ed as Co-Trnstees. I lie Co-Trustees s lull serve.totally and severa y and either shull have full authority 1o ucl G~r die Trusl independently. Should either htlsbund or wife become unable bccuuse of death, incapacity, or other cause lo serve as a Co-Trustee, or shmdd c t cr resign as Co- 'l'~x~slce before II~c nulural tcrminalion of this Trust, II~e mmuining Co-Truslcc, husbmld or wit~, shall thereafter serve as sole Trustee. 'rhe term I rtl, cc ns t sc( in this Trust Agrcmncnl shall rclbr collectively us provided in Seclion 9.01 of this Tresl Agreemenl. Section 1.0,I Additions lo ~l~!'~perties The Truslee, at any time during thc Coldinuunce of rids Trust in Isis or her sole discretion aflcr consideralion of the possible tax conseLlUeUCes lo all concerned, is authorized lo receive into the Trust addilions of cash and L)tller properties fi'om uny source whatsoever, whether by gill '.viii, or other~visc. Iloxvever, the Trnstee shall accept all assets which any person or persons may give. devise, or bequeath by Last Will and Testament lo Ibis Trust, aod shull accept all assels transferred to fids Trust pursuant to thc provisions of'any other [n nddilion, any person or persons may dcsig,atc lifts Trust as tile [~eneficiury, Primury or Contingent. of auy dealh benelits lo include insurance IIclS¢t~ts. pcllsioll bell¢l~ts~ or odser b~.'nefils. Until such benefits malttrc, the Trustee shall have no responsibility wills respect to those bcnetlls. ficetiLm 1.05. The Truslee of tile Trnsl is dirge;lcd to upporlion receipts and cnpcndilures of lhe tvpcs described below helween principal and income ns £ollows: ' REVOCABLE LIVING TRUST AGREEMENT Page 2 Whcacver tile principal, or any part thereof, of Ihe Trust property is invested in securities purchased at a premium or at a discounl, any premium will be chargcd agaiast priacipal and ally disconnl will be credited to principal: Any sleek dividends aud rights to purchase additional stock issued oa securities held iii trust x'~ill be treated as principal. All other dividends, except liquidating distribntions, will be t~aled as iacome; and Thc amount of any applicable depletioa allowance Ibr Iicderal income tax imrposcs will be tleatcd as illcome. Section 1.06 Adminislralion of'l'resl During ()ur l,ifctimo During our lifclimc, the trest shall be held nad adminislcrcd as folk)ws: All property aad other assets translbrred to this trust shall be allocated lo and held iii separate shares, tile first Stlch sharc being designated thc "Robert L. Kcrsleller Trast Share" and Ihe second share being desiguated the "Janet F. Kerstetter Trust Share". Each (Sraek~r's separate Trust Share shall be composed of'dm assets as follows: a. The Graator's one-half interest in.jointly held properly translbrrcd lo tile Trust; aad b. The Grantor's iadividually owaed properly which is traasfcrrcd lo the Trust. While each shine shall be heEl and admiaistcred scparale i~oal the other, tbr lax and accoundag purposes, the Trastee is authorized Io hold or iavest l]le separal~ shares in common itlvRsll/leals laid co-ownership of assets. The Treslee shall pay to or apply fbr tile benefit of ROBERT 1,. KERS fETTER all el'tile net income of Ibc ROBERT L. KERSTETTER Trusl Share, in convenient installments, not less often than quallcr-ammally, and in addition thc~lo, shall pay so much of the income and priecipal of such Trnst Share to or tbr the benefit ofI~,OBERT L. KERSTETTER ns lie may direct from lime Io time, or ill lhe absence ora dircclion, as Ihe Trustee may dclcrmiae to be advisable fei' his medical cart. support, maiatenaace, and general wellllrc. ?he I'rustce shall pay to or apply Ibr tile benefit ofJANE'F F. KERS'FETTER all of the net raceme of thc JANE]' F. KF~RSTET'fER Trast Share in coavenient iaslalhncnts, aot less often tllau quarter-aanually, and in addiliun Ihereto. shall pay so much ortlm income and principal of sach Trust Share to or tbr the beeelit of JANET F. KERSTETTER as she may direct from time to time. or ill the abseace of a dil~ection~ as Ihe Truslee may determine to be advisable Ibr her medical care. sepport, maintenance, and general wcllhre. All property Illat n Settlor trnnslbrs to thc Trustee pursaant to this iastrumeat which was coammnily properly, qtmsl-commaeily property, or separale property at the time of Ihc transfer shall remain respectively community properly, qeasi-commuaity pmpelly, or tile separate properly of die Settlor transfi:rring Sllch property to the 'Frast. REVOCABLE LIVING TRUST AGREEMENT Page 3 Coaunaaity sad quasi-¢ommanity property transferred to tile Trustee by tile Settlers shall bt: their community property and treated as seth. This properly, as invcslcd and ~invested. together with Ihe ~nts. issues, and profits the~t~om (hereinafter rcfer~d to as "Conullanily Estate" or tim "Colnmunily I'roperty") shall retain its character as commaaity properly daring the.joint lifelimcs of Ibc Settlo~ka in spite of any change ia the situs of the TrusL subj~t, however, to Ibc p~visions of this Agreement. Section 1.07 ~tio~mrv Terminatjou The Trastee amy temdnate any Trust when, in the opinion of the Trustee. the principal is t~daccd to seth an extent that it is not io the best inlerest of the Beueliciary or Beneficiaries to continee the Trusl. The jad~ment of the Trustee with respect to this decision Io terminate will be final and not subject lo judicial rewcw. Irlhe Traslee terminates a Trust accordiug to this S~ction. the date the Trast terminates will deemed the date fixed for terminatiou of the Trust. and the Trustee will distribale the assets of the Icrminatiag Trust to the Beneficiary or Beueficiaries parsnaat lo this Ag~eemeat. :':;ecfic, n 1.08 Amendmenl ~L~ We hereby retain tile following powers, exercisable at any time during our lifetimes: 'l'o withdraw ally of the property int:luded in oar separate sham of the Trast Estate by giviag tile Trustee wrillen notice specit~iug the property so withdrawn, iLL whicl] event, tilt: Trustee shall promptly traasfer and deliver sacb property to its or our designee. To amead the provisious oftbis Trust declaraliuu iu ally respect withoat tile necessity of securing the consent of the Tn]stne to such t:banges, iu which eveat, a cop),' of tile amt:udmeut shall be promptly limdshed to tbe Trustee; provided, however, that followiag tile death of nun of us. the sarvivor shall have no power to amend thc terms of thc Trust declaratioa with respect to tile Trust Share of'the first t}£as ItL die. To revoke Ibis Trast by giving the Trustee v, ritten notice o£sach revocation, in whicl] event, tile Trustee shall promptly traasfer and deliver tile property constituting thc Trast Estate to as or our designee together with ali accounlieg therefore: provided, however, that tbllowing tile (leatll of one o£us. the survivor shall have no power to revoke the terms o£thc Trust declamfiou with respet:t to the Trust Share of the first of as to die. Sectioa 1.09 Revocation or Allerati{?tt_~ettlor Aloae The rights of rcvocatioa, withdrawal, altcratiou, aud amendment reserved ia this Article ;]lay only exem:ised by tile Settlor and umy not bt: exercised by ally other perso,, including aa agcat, a gaard aa. or Seclitm I. 10 !rrevocabili~),: Except as otherxvise provided, oil Ihe death of either Settlor the ties g~ atioa ill this Trust shall become irrevocable and not subject to amcadalcat or Inodilit:alJoa. I'tEVOCABLE I,IVING TRUST AGREEMENT Page 4 Sc:¢tiou I. Set It r Powc:rs The surviving Settlor shall tlc: tile Trustc:c: unless aud until he or she: resigns in writing or is dc:ter i i ed ill¢Olllpc:teBt under tile to:rillS provided herein. Thc surviving Setllor shnll ret`aJ`a all absolute rights Io disc:harge or replac:e any Suggc:ssor Trustee of `a ly pc r ou or sh`ar¢ of tile Trust which is re:vet,able: by the surviving Settlor so long as thc: Settlor is europe:tent. ARTICLE TWO St~cliou 2.01 'l'~rus~ 13!.c. ome During Ihe joiut lives of the Settlers. Ibc: Trustee: sh,all at le,ast ,amumally, unless elbe:twist: directed by bulb Sc:tilers ill writing, pay lo or apply for thc benefit ofhusbaud and wife, `all of the net i`acome l~m the I'rust Esl`ate in the same proportions as each of the spouse's respective inlel~StS in Ihe Trust Est,ate:. Section 2.02 Protc:ction of Sc:ltlor in Event of hlcao`acil? During the jotul lives of the S<ttlors. should e'ther Settlor becom~ incap I<'tated as defined m Section 2.03 below- the Trustee may, in the Trustc:e's absolute discretion PaY i`acome and princ:ip,a} [bt thc: be:nc:fit o f thc: mcapacit`aled Settlor. {`a addition, thc Trustee, ill his or hcr`absoh~te discretion, nlay pay to or apply, ~br the benefit of th`at Settlor, such sums $?om the net JlI¢OUI~ a`ad fi'om the prin~ip`al of the Settler's separate Eslatc `as tile '['ruste~ b¢lievcs is nccessaD, or advisable for Ibc medical care. cum fonable mai ntenance, a`ad w011hrc of the Settlor, Sectiou 2.03 ~P`aCi?~ ^ pc:rson is dcter`alilled to be: inc,ap,acitnted if',a`ay '['ruslec or l~cnc:fic:i,ary hcreondc:r COllP2S into possession of~ly of the followiu§: ^ jurisdiet o rally ,applic`able court order holdi`ag thc: Il`arty lo be lc:gaily inc ii~ c t`ated to act on his or her behalf`and `appointing ,a guardi,an or conservator to `act for hiul or Itc:r: or Writtc:n cellilicates which nm duly executed, wit`ac:ssed, `and `acknowledged of two licensed physicians, each certil~.,ing that the physician has ex`a`alin~ thc persou and has co`acluded that, by reason of accidc`at, mental dctcrioralion, or other cause, such pcrso`a has become ~ncapacitated and can no longer act rationally a`ad pr`adeutly iu his or her ow`a financial best Evidence which such Trustee or Bcneti¢iao, deems to be credible and currently applicable that a person h,as dis,appearc:d, is un`account,ably absent, or is being dclaincd uutler duress, `and that he or site is uu,ablc: lo effectively `and prude`ally look after his or hc:r own best htleresls, thc:n itl thnt event and Ullder Ihosc: CirCtl`alStnltCes: I) Such perso`a is deemed to have become incapac:itated, as that term is usc:d itl this Trust agreement; and 2) Such incapacity is deemc:d to ¢outinuc: until su~:h court order, certific,atc:s, arm / or cire`anlslanc:es `are in`applicable or h,ave heel! revoked. REVOCABI,E LIVING TRUST AGREEMENT Puge $ A physician's certificate to the effect tlmt tine person is no longer iocapaeitated shall revoke a certificate declaring tine person incapacitated. The certificate which revokes the curlier ccrtilicate may bc cxccntcd by either the original cc~ifying physician or by two mhcr licensed, bom~ certi fled physicians. No Trustee shall be uodcr any duly to institute any inquiry into a pm'son's possible incnpocity. The reasonable expense ofany seth inqoi~ shall be paid Item thc Trnst Assels. Section 2.04 principal Iovasion Dnring the joint lives oi"tbe Settlers, should tile net ineonle o|'assels contained in this Trust be insnfficicnt to provide for linc care, mainteoam:e, or support of thc Seltlors as bercin defined, the Trustee may, inn tile lrostee's sole and absolote discretion, pay to or apply for the beoellt ortlne Settlers or either of them, or any of their dependents, such amounts from the principnl of Iht 'l'rest Eslatc as Iht Trustee deems necessary or advisable Ibr the care, maintenance, or support o£1be Settlers. Section 2.05 II. csidem:~ If the Settler's resideoce property is a part of Ih¢ Trust, tine Settlers shall Imve possession of ami fBII managemeot ofthe residence nod sbell bare the riglnt to occupy it free of rent. Any expenses arising from the mainlennoce oftbe property and t~'Olrl all luxes, liens, assessmenls, and intsurancc premiums, arc lo be paid from lite *l'mst lo the extent that assels arc available for payment. It is tile intent of ibc Seltlors to retain nil homestead rights available to them under tine applicable state law. AIt. TICLE TI IREF Sccrion 3.01 Provisions After Tbe First Death (tn line death of eitber Sctllor leaving tint other Settlor sarviving Idm or her, lite Trustee shall collect all insnrance proceeds payable lo line Truslee by reason of satin dentin anti all bequests and devises dislributable to tbe Trnsl Estale. Scclion 3.02 Control of AsscJ~ The snp.'iving spouse may, nt lilly time by written notice, rcqoirc the Trustee either lo make ney aonpmdoctivc property of tints Trust prodoetivc or to convert prodnclive property to nonproductive property, each within a reasonable lime. The surviving spouse may fimhcr require the lrustee to inwest part or all of lids sber¢ of Trust Assets for the pm'pose of maximizing income raffler than gmwlh or growth rallncr titan Section 3.03 Division into Slmrcs Upon the dentin of eitlner Settlor, it' tile deceased Setllor is snrvived by the other Settlor, the deceased s m.dnvtdanl I rust Share, mchndmg any adt t o ts nat e by reason o! thc deceased .~;cttlor's death, shall be divided inlo Iwo shares. The Trustee. in Iris or ber sole discretion, may d¢lbr tint division or distribution of tbe dcceascd's individual Trast Slmrc until six months alter lite deceased Tmstor's death. If Iht division or dislribation of lite deceased's individoal Trust Sharc is so deferred, tile deferred division or distribution sball bt made as if it had taken place at tine lime prescribed above. In additioo, nil rights REVOCABLE LIVING TRUST AGREEMENT Page 6 giveu to the Beneli¢iarics uuder Ihe provisioos of this Trast Agrecmeut which fidlow shall be considered to have accrned and vested as oftllat prescribed lilne. Upoll tile dcfllh of tile first Settlor to die ("Predeceased Spouse"), tile Truslec shall divide thc dcccased's individual Trust Sllare (xvhich shall include any properly which may be added fi'om tile Predeceased Spouse's general estate) as lbllows: The Trustee shall divide tile balance of the deceased Trustor's iadividnal Trust Share inlo two (2) separate slmlx~S (hereinafter designated as "Share A" and "Sham B"). Sba~ B shall bc composed of cash. securities, and/or other prope~y of thc dcccascd's individual Trust Share (mMiminishcd by ally estate, inheritance, succession, dcalb, or similar taxes) baying a value equal ~o Ibc maximum m~rital deductioa as finally determined in Ibc Predeceased Spouse's Ibdcral estate tax proceedings, less thc aggrcgalc amouat of marital deductions. if any, allowed for such eslale tax puq~scs by reason of properly or iulcrcst in property passiug ur which have passed to the Surviving Spoasc othe~vise than porsuant Io thc provisions ofthis paragraph; provided, however, that the amoual of Share B he,under shall bc ~duccd by the amount, if any, nccdcd to increase die Predeceased Spouse's taxable cslalc (for fedend estate lax purposes) Io thc largest amonat Ibat, after alkwving fbr Ibc unified c~dit against federal astale tax and the state death lax c~dil against sacb lax (but only Io Ihe exlent Ihat 1he u~e of sacb state death lax c~dil does not increase the death lax payable to ney slate), will ~sult in the smallest (if any) federal ~state tax being imposed on the Predeceased Sponse's estate. The term "Maximum Marital Dcdncfion" shall not be conslrued as a direction by the P~decensed Sponse to exe~ise any electioa respecting the dedaction of estate adminislrntkm expenses, the delermiuation of the eslate lax vabmtion date. or any other tax election which may be available under ney lax laws, only in sach mana~r as will result ion {urger allosvable eslate tax marital deduclioa Ihan if Ibc coaira~ election had been mnd~. The Traslee shall bare the sole discretioa to seleel Ih~ assail which shall constitme Share B. lu no event, however, shall lbe~ be inclodcd in Share B nay assets or the proceeds of any asset which will not qaalily lbr the IbderM esinl~ lax martial deduction. Sba~ B shall be ~duccd lo the extent that it cannel be created xvitb such qualilying assets. The Trastee shall value any asset selected by the Truslee for distribmion in kind as a pn~ ofSImrc B at the value ofsach asset at the date of distribution of such asset. The balance of the dcceascd's individnal Trust Share. alter the assets have beea selected For Sha~ B. shall t~ allocated lo Share A. Share A and Sllare B shall be adnlinistercd aud distributed as hereinafter set lbrth. Section 3.04 Credil Sllcller Trust, If either of the Settlers survives tile other, tile Trustee shall scl apart and hold as a separate trnst (tile "Credit Silo:lief Trnst") tile assets relbrred to as Share A ill Section 3.03 above, The Trustee shall hold, manage, iovest, aad reinvcst the assets of this Credit Shelter Trust. shall collect the income th~rel?om, and shall pay die net iucome lo or ibr Ibc b~ncfit off Ih~ sullying Settlor in convcaieot instalhneats at least quaHor- mmually: provided, however, that tile suB'Jviag Omlltor may elect to pass arty portion of said hlcolllC 1o thc remainder Beneficiaries of the Trust. Ia addition, tile Trastee may pay Io or for the benefit of tile surviving Sctllor for tile health, educatiou. mailllenaace, or snpporl of the sarviving Settlor, any pa~l or all of tile prlacipal of tbis Trust, as the Trnstee may determine ia its sole discretion, withtmt considering other resonrces available to the surviving Settlor. REVOCABLE LIVING TRltIST AGREEMENT Page 7 The surviving Settlor shall have thc right to demand sad receive, from tile principal of this Trust ia each of its fiscal years, the greater of llve thousaud dollars ($5,000.00) or live percent (5%) of the flair market valne of such principal determined as of thc last day of such liscal year. Such right shall lapse to tile cxteat it is not exercised in any year. Ally conanission payable with respect to principal so withdrawn shall be charged against sach principal. No persoa, who at say time is ac{lag as Trustee hereander, shall have ally power or obligation to participate ill any discretionary attthority which the Settlor has given to the Trustee to pay principal or income to such person, or for his or her benefit or ia relief of his or her legal obligatioas; provided, however, that it' an iadividual Trustee has discretion to invade principal lbr himself or herself and such discretioaary authority is limited by an ascellainable standard, then such Trnslee may iavade priacipal (if limited by sach staadard) for himself or herselt: but sot in relief of his or her legal obiigatioas. The pisa ofdistribalion and all leans of this Credit Shelter Trust shall be irrevocable sad unnmeaable al say time after said Credit Shelter Trust conies into being. The Credit Shelter Trustee(s) shall iuvest tile assets of the Credit Shelter rfrast to pro¢lace a reasonable income for the beaelit of the surviviag Graulor without sabjecting tile priueipal to unreasoaable risk of loss. The Credit Shelter Trustee{s) shall I~: aathorized and empowered to invest, reinvest, maaage, transfer, sad coavey any sad all property held in this Credit Shelter lrust, iacluding all powers now or hereafter con ferred apon Trustees by applicable state law. and also those power appropriate to tile orderly sad effective adaliaislration of the Trust. Tile Credit Shelter Trastcc(s) shall make a v, rilten acconnting to all income and remainder Bcncficiaries or to their gaardians at least annually and at thc time that all assets of this Credit Shelter Trnst are distribnted. Said accountiag shall consist ora record showing assets oa hand at thc time of thc last accounting, plus additious, nlinus expeases and distributioas, which shall equal current assets on hand. The Credit Shelter Trastcc(s) shall no~ be required to obtain authoriL'., or approval of aay coat{ ill the exercise of any power conferred tq~on the Trustee(s), nor shall said Trastecls) be required to make accountiags or relx~rts to any Upon thc death of the surviving Settlor, ally accrued income shall be paid to tile estate of the surviving Sc{tier trod thc rcamining principal of this Credit Shelter Trnst shall be held, administered, and disposed of ill accordance with the disposifive provisions of this agreement. Section 3.05 ~ual[fied Termiaable hl!~rest 'lYnst Ifeither oflhe Gmnlors sarvivcs lhc other and there are assets allocated to Sham B described in Section 3.03 above. Ihea thc Trastce shall scl apa~ said assets aud hold them as a scparale trust (the "Qualified Terminable Interest Trnst"). The Trustee shall hold. manage, invest, aad miavcst tile assets of this Qaalified Terminable Interest TrasL shall collect the income thc~fi'om, and shall pay Ihe set income to m' lbr the beaefil of lb0 sun'iving Grantor in convenieat installmeuls at least quarter-annually. Ilpmt thc surviving Glantor's death, any accrued, nndistribaled iacom¢ shall be distribated Io said surviving Graator's estate. The remaining principal shall be added to and beconle part of the Credit Shelter Trust and shall be held and admiaistered and disposed of in accordaacc with tile plan of distribution Ibr the Credit Shelter Trnst as provided ill Sections 3.0d and 4.03, after provision has first bees made tbr the paymeat of ally estate, inhcritmlcc, translix, succession, or other death taxes, payable by reales of tile inclusioa of the value of thc Trust properly itt said surviving Gmator's estate. REVOCAIILE LIVING TRUST AGREEM EN'F Page 8 Thc Trustee(s) of the (}ualified Terminable ]ulerest Trust are hereby uutborized, in Ih~ 'trustee(s) sole discretion, to determine wbethe~ to el~t (uuder Sectiou 2056(b)( 7 ) of thc Intenml Rc~cuu~ Code) to qualil~ all or a specific purlieu oflhe ~uulified Tcrminabl~ IlltOrest Tl'u~l c~ated bereiu Ibc the [cder~l estate lax marital deduction. 1'lie 'l'ruslee(s) of the Qualified Terminnble interest Trust. in cxeicisiup such disci~don, shall attempt lo miaim ize, or elimiuote if possible, the tbdcral cstal¢ lax payable by file cslate of the deco[lout spouse's ¢slate. However, iflhe Trustee(s) of the Qualified Terminable luterest Trust delerlttiae that it is iu Iht b~sl i~llerest el:the persons who may receive any assets allot th~ decedeut spouse's death aud after the surviviug Grunter's death lo pay some f~deral estate lax iu the dccedcul spouse's estate, takiug lute cousidcralion any other tax that is lo be paid because of the decedeut spouse's death aud the sorviviug Grautor's death, and any income ~nx liability that may be aft~cted by the elecfiou, tl~e Trustee(s) of the ()ualified Ten. inable luterest Trust may elect to take a marital deductiou that does uot reduce thc tax to zero if tho paymcul of thc tax wi jcopatxlize thc ability of tl~e Qualified Tcrmluable Interest Trust lo provide the surviviug spouse with the level ofsappo,~ aud maialcnaucc coutcmplatcd IW tiffs Declaration of Trust. The dccisiou of the Qualified Tcnniunble lutc~st Trustee(s) to make this clcclioa shall be final and bindiag on all perseus. Tile Trustee(s) of lite Qualified Termiuable Interest Trust is (are) authorized and empowered to invest. reiuvesl, traastb;; aud coavey arty aud all property held iu this Qualilied Terminable lutemst Trust. This illcludes all power uow or hereafter conferred upon Trustees by applicable state law. aud also those powers appropriate to the orderly and eltbctive admiuistration of the Trusl. 'l'bc Trustee(s) shall make a wrilteu accounting lo lite surviviug Grautor at least aunually aud shall make a wrillca accountiug to all remainder I~eneficiaries al the time that all assets of Ihis Qualified Tenaiuable Interest Trust are distributed. Sccti~m 3.06 J~x~_~'cr to Appoiut Age. t3 The.surviviug spouse shall have tile right to retain au aeeouataut aud / or alt attorney at law for pro£¢ssioual services ou behalf of the Trust Estate or Estates herein. The surviviug spouse shall uot be respousible for tile acts of such a~.ents bcyoud his or her obligatiou to use reasouable cm'¢ in the selectiou of s.ch ageuts. Scctiou 3.07 rvlaximum M, 'i · I D ?~uction Excepl as otherwise expressly stated herciu, the term "Maximum Marital Deductiou" shall not bc coustrued as a direction by Ibc deceased Settlor to exercise auy election respecliug the deduction of Estate admiuistratioa expeuses, the dcterminatioa of thc Eslate tax vabmtiou dale. or any other tax eleclion which may be available uudcr auy tax laws, ouly iu such maauer as will result in a larger allowable Estate tax martial deduction thau il'the coulrary election bad been made. Section 3.08 Trust Income Allcr The I;i~rsJ Death Followiug thc death el'either Settlor aud uutil tho death of the surviviag Settlor, thc Trustee shall, at Icasl aumudly, pay to or apply for file beuefit ul'lhe surviviug Settlor all of the uet income l'rom Ibc Trust Estate. REVOCABLE LIVING TRUST AGREEMENT Page 9 Section 3.09 S IIL Iai eons Dealh If the Settlers should die under circumslances which wookl render it doublftd as to which Settlor died first. il shall be conclusively presumed for the parposes of this Trust thai Roberl L. Kerstetler died first. If any ,,lltll~er Beneficiary and a Selllor shot, Id (lit under such circamslanees, it shall be eonclasively presumed lhat Beneficiary predeceased such Settlor. Section 3.10 Lasl...E.E.E.~pe ls~e~ Upon Ih( death of each of the Settlers. the Trusl¢¢ of this Trust may, in its discretion, pay soy part of or all of thc fimeral and burial expenses, p~bal~ claims, admiuistraliou c~p0ascs, ami any cstat~, inherilancc. succession, or other dealh taxes, which am payable a~ a ~sult of the dealh of each of the Settlers. out el'that portion of the Trust Estate co,st,luting the deceased Settler's separate Trust Share. Thc Trustee may mak~ any such payments di~clly to Ibc creditors or taxing authority iu question, or may remit fimds to thc ~rsonal ~prcsentative of the Eslal~ of the deceased spouse lbr such paymenls. ARTICLE I:OUI,t Sec,too 4.01 Common Pot Trost At Ihe death of the Surviving Setllor. the Trastee shall not create a Common Pot ]'rust. All of file Trust Estate that has ,et been distribated under prior Articles oflhe Trust Agreement shall be held. administered. divided, and distributed accord,ag to file provisions that tbllow. Section 4.02 S~c3~3~d_._Dea__t__ On Ihe death of the last Settlor to die (rite "Sarviving Settlor"), tile Trustee shall distributu tile principal of the Trust ami any accrued or nad,sir,baled i~come from the principal of tile Trusl itt si(ch ;t rammer and to such perseus, iucludiog tile Estate or the Credilors, as directed it, this Trust Agreeureut. Scclion 4.03 Payment of Tile Second Death Expc~ Ou tile death of the Surviving Settlor. lite 'l'ruslee shall pay from thai portion of the Trus! Estate constituting tilt deceased Settler's separate Trust Share Ih( expenses of thc surviving Settler's lasl iii,ess, funeral, burial. and say inheritance, cs(ale, or death taxes that may be dee by reason of thc Sorviving Scl(lot's death, unless Ih( Trustee in his or her absolote discretion determines that other adequate prey,skins have bccn made tbr the paymeot of such expenses and taxes. Section ,I.04 Trast lucerne and Principal Distribution Up0!! 'l~g Death of Th, Surviving 'l'ru.~!9~' The Trustee shall apply ami dislribalc tl~e ilet iilcoule and principal of each of tile shares of tl~e resulting Trust Eslale. slier giving effect lo the sc(lion of Ibis Trust Agreemeat e,titled "Special D rcct yes I~ ti c following Be eric ar es i the indicated fi'ac(tonal shares: I.,AWRENCE R. KERSTETTER DOUGLAS A. KERSTET'FER I/2 I/2 REVOCABLE LIVING TRUST AGREEMENT Page 10 Il'any of the above Beneficiaries. or any other Beaeficiary. is uader tile age o1'25 years when tile distribution is to be made. the Trustee shall have authority lo distribute lhe ~mc, ia whole or ia part. to a custodian tbr the minor appointed under a Unifon~ Gi~s or Transt~rs ~o Minors Act. or the Trustee may retain auy such property and administer and distribute thc same for thc benefit of minor, payiag to or for thc benefit of such miuor so much of the lucerne sad principal of the retained propc~y t?om lime lo time as the Trustee deems advisable for the heallb, cducatioa, suppo~, sad mai,dc,mace of thc minor. When the per.mt for whom thc property is bold attains thc ago of 25 years, thc property shall the~upon be distributed to Ifim or her free oftrnst ualess otl~erwise stated in this Ag~ement. If the miaor should die before attainiug the age of majority, thc property si~all thcs be paid and distributed to thc estate of the minor. If all of tile Scttlor's Beueficiaries and their children shoakl filil to survive tile tinal distribafion of thc Trust Estate. all of the ]'mst l/,state sot disposed of as herelnabove provided shall be distributed tls provided for itl this Trest Agreemeut. Scctiou 4.05 pr nc pie of Rem'esentatiou Unless indicated diftbreatly iu Ibis Trust Agreement or in file "Special Directives" seclioa that follows, ia thc event say oflhe named Beneficiaries should predecease both Settlers. all of that person's share of the Trust Estate is to be divided equally among the deceased Beneficiary's clfildrea or issue per stirpes, la tile evenl the predeceased Beneficiary leaves no surviviag children or issue, theu all of that persou's share of the Trust Estate shall be divided equally among tile remaining Beaeficiaries per stiq)es. Ifa Beneficiary of the Settlm's survives both Settlers. bat should fail to survive to coll,'ct his or her share at distribnlion. Ihat share shall pass to the surviving issue of that deceased Beneficiary per stirpes sad ,,villi right o f represenlalion. ARTICI,E FIVE Sectioa 5.01 Non-laconic Producina Prooelt~' l)aring lhejoint lives oflhe Settlors, lite Trnslee is atdhorizcd to rctaiu ia thc Trust, lbr so Ioug as tile Trustee nay deem advisable any property received by t m Trnstee from thc Setllors, whetller, or ~t~t snch properly is of tile character permitted by law for tile investment of Trust lhnds. Section 5.02 Tr ~stcc Powers The Trustee shall bare all powers conlbn'ed apou a ]¥uslcc by law tbr thc orderly administratioa of the Trust F~slate. Il'any properly is distributed outright under tile provisioa of this Trust Agreement to a pemon who is a miaor, dish'ibution may be made uader the Peuusylvauia Uaitbrm Transfer to Minors Act ("PAUTMA"). Fhe Trustee is further authorized Io sigu, deliver, and/or receive any domlmeats necessary Io carry oat the powers contaiaed within this Section. The '[ruslee of any trust created uader lids' '-i st Agreement ( C d g aly snbstitete or successor Trustee) will have aad be sal!ject to all of' the powers, dulies, aud responsibilities granted or imposed I~y tile Penasylvanitl Consolidated Statutes (20 Pa. C.S. Seclion 101 ct seq.) as such Statute may pmvlde at the time REVOCABLE LIVING TI,IUST AGREEMENT Page I I of admJaJstration et'the 'Yrust. except to die exlenl that the same a~ inconsJsteal with die provisions of this Agreement. Sectioa 5.03 Soecilic Powers of Trustee In addition, tim 'l'mstee will have the followiug spccil'ic powers: Trnst F. state: The Trnstcc may leave invested any property coming into its hauds heremtdcr in any tbrm of investment even though tile investment may not be of the character of investments permitted by law to trnstces, wlthont liability for loss or depreciation in value. Thc Tmst~ may sell. exchange, or otherwise dispose of and reinvest prope~y which may at any time be a part of Ibc Trust Estate open such lerms and conditions as tbe Trostee may deem advisable. 'linc 'l'mslce may invest and reinvest the Trust Assets from time to time in aoy properly, mai, personal, or mixed, including withont limilation, securities of domestic and foreign corporations aud investment trusts or companies, bonds, debentures, p~lbrred stocks, common stocks, mortgages, me,gage participation. aud interests in common trust fuads, all with complete discretion to coaved really late personalW or personally into realty or otllenvis¢ change the character of the Trust Estate, even thongb snch Jnvestmenl {by reason of its character, amonnt, propmaioa lo tile Iolal Tnlst Estate. or ethel%vise) ?vonld nol be considered appropriate for a fiducia~ apa~ from this provision aad even thongh sncb mvesltocnl ceased part or all of tim total Trnst Eslate to be Jnveslcd hi investments of one type or of one bnsJness or company. I lolding Properly: The 'l'mslee may bold property iu the Trnstee's name. tis trastee, or in tho name ora nominee witbm~t disclosing the Trost. Release of Power: Iflhc Trustee deems it Io be ia tile best interest ofthc Trust aud its Bcneliciarics. lite Trustee. by written instnanent signed by such Trustee. will have the power and authority It} release, disclaim, or restrict the scope &any power or discretion granted ia this Trust Agreement or implied by law. Ageats. Elnployees: lhc Trnstee nlay employ one or more agenls Io perform any net of administration, whether or not dlscmtionary, including attorneys, auditors, iaveslmeut nlanagers, or others, as the Trastee shall deem necessary or advisable. '[lie Truslee may compeusale agents and other employees and may delegate Io tbenl any aad all discretions and powers. Leases: The Trnstcc may lease aay Trust Assets generally or tbr oil, gas. and mineral dcvclopmcat. even tbongh tile lease term may extend beyond tile term of'the Trust of which di~ properly is a pail. The Trustee may enter iulo any covenants and ag~emcals i~laliag lo the properly so leased or ¢onccrni~lg any improvements which may then or thereafter be ~rectcd on sach pro,ny. Connonn Fnnds: The Trnslce may hold any of the Trnst Assets iu a commoa fired wilb property ii,tn other trust estates and nmy make investments jointly with my et er rt st. the property of which is iuchnled in the conlnlon fired. Sccnrilies: Witln respect lo secnrilies hekl iii the Trust Estate, die Trnstcc may exercise all Ibc rights, powers, and privileges of an owner, inclnding bat not limited to. the power to vote. give proxies, and to pay asscssmcnts and other sams deemed by the Trustee necessary ft~r the protection of tim Trusl Eslale. Ill addition, die Trnstee may participate ia voting trusts, fbreclosums. reorganizations, consolidalions, mergers, and liqnidations, aad in connection Iherewith, lo deposit REVOCABLE LIVING TRUST AGREEMENT Page 12 10. II. 12. 13. 14. 15. securities with and transfer title to ally protective or other committee uuder such terms as the Trustee may deem advisable, la additioa, tilt Trustee may exercise or sell stock sabseriptioa or coaversioo righls and may accept aad retaia as aa investment any securities or other property received through Ihe exercise of any of tile foregoing powers, regardless of any limitations elsewhere ill this instrument relative to investmeats by the Traslce. Purcbases t?om Estate: Thc Trustee may purcllase property of auy kind fi'om tile Executor or Admiaistrator of oar Estates. I,cnding: *1' e Trustee may nuke Ioaas, secared or uasecored, to thc Executor or Admiuistrator of oar Estates. to aay Beneficiary of the Trust, or to the Traslee. Fndber. the Trustee may use/mst Assets to gearaatee obligations ofuuy income Beaeficiary of tile Trust {nnl~ss soch Beoeticiary is serving as Trustee). Distributions to or for Beneficiaries: Th~ Trustee amy make aay distributioo contemplated by lifts Tmsl Agreement ( I ) lo the Beneliciary; (2) if the Beneficiary is under a legal disability or if the Truslee deterufines that the Beueficiary is unable lo properly manage Iris or bee aflhirs, to a pemoa fimdsbing suppo~, maintenaacc, or ~ocation for the BeneficiaW or with whom the Beaeliciary is residiog Ibr expeaditoms au the Benellcia~'s bohalfi or {3) if the Beoeficia~ is a mloor, to a trustee of au existiog trust established exclusively R~r lite bcuefit of such miaor, whether created by lifts Trust Agreemcat or otherwise, or to a custodlaa for the Beneficial, as selected by tho Trustee, ouder Ihe Penasylvania Uniftmn Tmnsl~r to Miaom Act. Alterualively, the Trustee may apply all or a part of ibc distributkm for the Beneficia~'s benefit. Auy distribolioo under this paragraph will be a thll dischurge oftl~e Trustee with respect fl~ereto. On any paflial or fiaal dislribulion of the Trust Assels, thc Trustee may apportion and allocate die assets oftl~e Trosl Estale in cash or in kiad, or pauly iu cash aod parlly iukiad, or ia undivided interests ia the maoacr deemed advisable at the discretion of lhe 'l'raslee and Io sell any property deemed aecessary by Ibc 'Frastee Io make the distribatioa. Tbe Traslee may dislribule gills of up to $10,000.00 per year per doaee out of principal aad/or Insuraucc: Thc Trustee may pamhase new life iasuraace, pay thc premiums on cxisti]Lg lif~ insurance on thc life of any Trust Beaelicia~, parchase aanuities (cilher commemial or private) fi'om aay corpomlioo, trask or individual, and may procure aud pay lhe p~miums on other iosumnce of thc kinds, forms, and aulotmls deemed advisable by the 'l'rltstcc Io protect the Trustee and thc Trusl Eslale. Borrowing: 'llbe Trostee may borix~w lllOllC,v I¥OlLi thc Trust l~stale aad ethers. To sccarc tile ll2paylllellt thereof, tile Trustee may InOrtgagc, pledge, or otherwise ellCLallbcr pall or all al'thc Tras! Assets~ and ia couaeetioo with tile acquisition ofaay property, tile 'trustee olay assume a liability or may acquire property subject to a liability. Repairs: The Trustee alay make ordioaL'y aod extraordinary i~epairs aad alterations to buikliags or other Trust Assets. Reserves: T]IC Trustee Illlly eslablish such reserves out of lucerne for taxcs, asscssmeots, rcpa ir, aad maintenance as tilt Trustee coasiders appropriate. CoatiollatiolL of Busioess: Thc Troslec nmy coaliaue uay business or busiaesses ill which the Trasl has au iuterest at the !ime of Ibc Selllors' death for so long as tilt Trustee may, in its sole discretiou. REVOCABLE LIVING TRUST AGREEMENT Page 13 16. 17. 18, 19. 20. 21. cousider necessary or desirable, whether or not the business is oondueted by tim Sottlors at tile time oflheir death individually, as a pa,n~rship, or as a corporaliou wholly owned or gontrolled by with fidl authority to soil. settle, and discoutinne any of tbcm wbcn nad upon such terms and conditions as Ibc '1 tastee may, ia its sole discretion, consider ucccssary or desirablu. Retain Property for Personal Usc:: Thc Trustee may retain a residence or other proporty Ibr the persoual use ora Benetloim~, and allow a Beueficia~ to use or occapy thc mlaiucd pmpe~y fre~ of Dealings with Third Parties: The Trustee may deal with nay person or entity reg,~dloss of relatkmsbil~ or kleutity of any Trustee to or with that persou or entity. The Trustee may hokl or invest any part of or all of the Trust Estate ill commoa or aadivided interests with that person or entity. Partitious, Divisions, Distributions: Thc 'l'rastee will Imvc tile power to make all partitions. divisions, and dislribatious contemplated by this Trust Agmcmcnl. Any partitions, divisions, or other distributions amy be mado in nosh, in kind. or partly in cash and partly in kind. ia any manner that the Trustee deems appmpriato (inclading composing slmres differently). The Trustee may determinc Ihe value of any properly, whid~ vahmtiou will be biuding oa all Bencticiarios. No adjustments are required to compensate for any partitions, divisions, or dislributions having uneqnal Claims, Controversies: 'lhe Trnstcc may maintain and dcfead any claim or controversy by or against the Trust witbonl thc.joiader or conseut of any Bcueficim'y. Tim Trustee amy conanencc or dcfond at thc e,xpensc of the Trnsl any litigatiou with respect to thc Trust or any properly of the Trust F, state as tho Trustee may deem advisable. Thc Trnstec may employ, for reasonable compensation, such coansel as thc Trnstee shall deem advisable Ibr thai pnrpose. Merger of Trusts: Il'at auy time the Trustee o'fany trast created hereunder shall also ILo acting as Irustee of auy otber trust cmaled by trust inslrumeut or by frost declarution for the benefit of thc same beaeficiaO, or beneficiaries nad npon subst anlially the same terms and coadilioas, thc Trnslce is authorized aud cmpowc~d, if ia the Trustcc's discretion such action is in the best interest of thc Bcueficiary or Bcncliciaries. to transfer and merge all of the assets then held under such trast c~atcd pursaant to this Trust Agmcmeut to and with sach otber tntst and the~gapoa lu terminate thc trust c~ated pnrsuant to this Trnst Agreement. Thc Trnstee is thrtbcr authorized lo accept the assets of nay other trust which may bc transl~rrcd to any trust created hereunder and to administer and distribute sttcb assets and properties so Iraasl~rred iu accordance with thc provisloas of this Ag~eateut. Temduatioa of Small Trust: Any corporate Trnstcc width is serving as thc solo Trustee of any Trust or any Share thcrcof may at any time terminate snch Trust or Share iL ia the Trustce's sole judgment, thc coutimlcd umnagemcnt of snob Trust or Share is ao Ioagcr ecoaomical ~causc of tim snudl size of snob Trust or Share and if such actkm will be d~mcd to bc in the best interests of the Beucficiary or Beneficiaries. In case of such termination, the Trustee will distribatc Ibrthwid~ the share of lbe Trust Estate so terminated to thc iacomc Beneficiary. per stirpcs. Ul>oa st;cb distribution, such Trnsl or Sham will terminate and the Trustee will not be liable or responsible to any person or persons whomsoever tbr its aclioa. The Trustee will aot be liable tbr thiling or ~fitsing at auy time to terminate nuy Trnst or a Shm~ thereof as authorized by this paragraph. REVOCAllLE lAVING TRUST AGI,tlCEMENT Page 14 22. Power to I)etcmdue luconle and Principal: l)ividends payablc~ in stock o f lira issuhtg ¢orporatiou. stock splits, nmi e~pilnl ~ains will b~ Ireated ns principal. Except as heroin olhe~vise speoifi~nlly provided, the Trust~ will have full powor and anthority to determine lbo nmmler in wbid~ ex,rises are to be bumc and in which receipts am to be credited as between principal and income. Thc ?'rustee b~ thc power Io determine what will constitu c p 'incipal or income and may witbhokl l~om raceme such ~sc~cs for dclu'ccialion or depletion as thc Truslcc may deem thir and equitable, lu determining snch mailers, Ihe Trustee may give considcratiou lo the provisions ortho Pcnnsylvaaia Statn~es (or its snccessor statntes) relating Io such matters, but it will not bc bmmd by such provisiuus. 23. Generation-Skil~ping Taxes and Paymeut: Ir t he Trustee considers any distribution or terminntion or an inter,est or power hereunder as a distrlbetion or termination snbi¢cl lo a generation-skipping lax. tire Trustee is authorized: ' To augment any taxable distribuliou by an amount which the Trustee estinlates to be sufficient to pay such tax and chm'g¢ the same lo thc particular trust to which Ibc tax related without adjustmcut o£ lite relative imcrcsts of tile Beneficiaries: To pay such tax, in tile case ora taxable termination, I¥om lite particnlar trust to which the tax relates without adjustment of the relative irrtcrests of the Beueficiaries. If such tax is intposcd ill part by reason of the Trust Assets, thc Trustee will pay only lite portion or such tax attributable to tile taxable terminatimt hereunder taking into consideration deductions, exemptious, credils, and other faclors which the Trustee deems advisable: aud '1'o poslpone fiaal terntinntion of any particular trust and to withhold any portion or all of tim Trust Estate until Iht Truslee is satisfied that the Trnstee no longer bas aay I b ty lo pay any geaeration-skipping lux with reference to such trust or ils tenoiaalion. Section 5.0,1 ~! Provision for S Comoration Steel3 Notwilhstmlding what is otherwise provided in Ihis Trust Agreement, if at auy time lire Trust conlains any stock of a corpomtiou whicb elects or has elected trcatmeut as an "S Corporation" as defined by Section 1361(a)(I) of Ihe Internal Revenue Code {or ally corresponding successor statute), such stock will be segregated from lite other assets of sach and treated as a separate trust, lite Trustee will fi~rlher divide tire separate lrust iulo shares for each Beueli¢iaty and such shares will be distribuled onh'igbt or held ia trust as herein provided. In addition, all other provisions oftbis Trust Agreement will apply Io eacb shm,e beld in trust (and constituting a separate trust) ~xcepl that Ibc 'l'mstee will dislribnle all or01e income fi'om each sepamle trust to its Beneficiary in convenicnl inslalbnents at leust annnally. It is Ihe Settlers' intent that each scpamle Imst will bt recognized as a "Qualitied Subcbaptcr S Tnlst" ("QSST") under Section 1361{d1(2) of the Internal Revemm Code (or any corresponding snccessor statute}. Notwithstanding any pmvisiens of th is lrust Agreement Io the contracv, the Trustee's powers nad discretie,s with respect to tire administmlion of each separate trust (including melhods of accounting, bookkeeping, making dlstribntions, and clmmcterizing receipts and expenses) will not be exercised or exercisable except in a manner coasistent with allowing each sepm,'ale trust to be trcalcd as a QSST as above described. RE¥OeAIILE LI¥1NG TRUST AGREEMENT Page 15 ARTICLE SIX Scclio. 6.01 Coordiuatien with Sctllor's Probate Es!a!~ At any time duriag thc contimmnce uFthis Trast, includiug sabscqacat to tile death o£cithcr Settlor. the Trustees may, in their sole and uncontrolled discretion, distribute to the deceased Sctdor's Probate Estate cash and I or mher pmpc~y as a Beneficia~ of thc Trust. AIl other provisions to tile coutrary notwithslanding, under Ilo circumstances shall auy restricted proceeds, as her¢iualler defined, be either directly or indirectly: (i) distribnted to or for the benefit of the Settler's Exccalors or the Settler's Probate Estate; or (ii) used to pay arty other obligations of Illc Settler's Estate. The term "Restricted Proceeds" means: All qualified plaas, individnal retiremeut aecoants, or similar benefits which arc received or receivable by any Trustee hereuuder, and which are paid solely to a Beneticiary other than the Execator of the Settler's Gross Estate for Federal Estate lax purposes; and All proceeds of insurmmc ou tile Settler's life which, if paid to a Beneficiary other limn tile Settlor~s Estate, would be exempt from iuheritance or similar death taxes under applicable state death laws. Sectiou 6.02 Direction to Minimize Taxes In lite administration of the Trust hereunder, ils Fiduciaries shall exercise all available lax related electioas. options, a.d choices iu sach a manner as they, in their sole but reasonable judgment (where appropriate. receivi.g advice of tax cee,scl), believe will achieve the overall minilnum hi total combined present and reasouably auticipaled fittnm adminishative expcuses nnd taxes ofall kiuds. This applies eot ouly to said Trust, but also to its Beneficiaries, lo lhe olher Trusts hereaader and their Beneficiaries, and to the Settler's I'mbatc Estate. Without limitation on thc generality el'the £omgoing directiou (which shall to that extent supcrcede tile usual fidnciary duty of impartiality), such Fklucinries shall eot be acconntable to any person iaterested in this Trast or to Setfior's Estate lbr tile manner irt which they shall carry out this directioa to mi.imize overall taxes and expenses (iucludiug arty decision they may make uot to incur the expense o£a detailed analysis of alternative choices). Even though their decisions i, this regard may result ill increased taxes or decreased distribatio, s to thc Trnst. to the Estale. or to one or more Beneficiaries, the Fidnciaries shall not he obligated for compensation reat[jashtl¢llts or reimbnlrscnleuts which arise by reaso, of the rammer i. which tile Fiduciaries carry out this directkm. Section 6.03 Judlanleat and Discretion of Trustee Itt tile abscuce of proof of bad faith, all qnestions of constraction or interpretation of say trnsts created by this Trust Agreement will be finally and conclusively determined solely hy the Trastee, according to lilt Trust¢c's best judgment and without reconme to any court. Each determination by the 'lmstce is binding ua tile Beneficiaries and prospective Beneficiaries hereunder, both in hci,g and anbum, as well as all other persons, firms, or corporations. The Trustee, when exercising any discretiouary power rclatiag to the distributioll or accunmlation ofpriacipal or income or Io the termination o£any trust, will be responsible only fur lack of good thith in lite exercise of such power. Each determinatiou may be relied upon to lite same extent lis i~' it wm~ a fiual and blading judicial detemfiaation. In lite event or a coafiict between the REVOCABLE LIVING TRUST AGREEMENT Page 16 ARTICLE SEVEN Sectiuu 7.01 Resolution of Conllic! Any controversy between the Trustee or Trustees and any other Trustee or Trastees, or be}wee, any otller parties to this Trnst, including Beneficiaries, involving the construction or application of ally of the terms, provisions, or conditions of this lmst shall, on tho written reqnest of eitber or any disagreeing pn}ly served on tho other or otbers, shall he snbmirted to arbltretion, lbe parties to snch arbitration sball eacb appoiut one person to hear and determine the dispnte ami. if they are unable to agree, then tilt two persons so chosen shall select a third impartial arbitrator whose ducisiou sball be tiual and conclnsive upon ~*th parties, lbe cost of arbitration shall be borne by tile losing party or in such proportion as tile arbitrator{s) shall decide. Sneh arbitration shall comply with tilt commercial arbitratio, rules of the American Arb}tm} ion Associatioa, 140 West 51 st Street. New York, NY 10200. Section 7.02 Incontestability Tbe beneficial provisions of this Trust Agreement are intended to be in lieu ofnny other rights, claims, or interests ol'wbatsoever uature, whetber statutory ur otherwise, except bolla fide pre-deatb debts, which ally Beneficiary hereunder may bare in Settler's Estate or in the properties in trnst hereunder. Accordingly. il' any Beneficinry bereunder asserts any claim (except a legally enfbrceable debt), stalutory election, or other right or interest against or ill Settler's Estate. or any properties of this Trust, other than pnrsuant to the express terms bcreol', or directly or indirectly contests, al}spates, or calls into qnestio,, be£ore ally court, the validity of this ]'mst Agreement, then: Such Beneficiary shall thereby absolntely forfeit ally and all beneficial interesls o£~,vbnlsoever kind and nalnre which such Beneficiary or bis or her beirs migbt otherwis~ hav~ u.d~r lids 'l'rusl Agrccmeut and Ibc iuterests of the other Beneficiaries herennder shall tberenpon be approprialely and propoflionalely incensed: and All of the provisions of this Trust Agreemeut. to }be extent tbat they conlbr ally beuefils, pin',ers. or rights whatsoever npml sneh claiming, electing, or coulesling Be,eficiary, sbell thereupon bccume absolutely void; nad Snch claiming, electing, or contesling Beneficiary, il' then acting as a trustee hereunder, shall automalieally cease to be a Trustee and shall therealler be ineligible either to select, remove, or become a Trnstee herennder. Section 7.03 Specific Qmissions Ally and all persons ami entities, exeept those persons and entities specilically named herein, have been intentionally omitted from this Trust Agreement. Ifauy person or entity shall successl`nlly challeuge ally }emi or coati}tie, of this Trust Agreement. then, to Ibat person or enlity shall bt given tile aria! Of Oll¢' dollar ($1.00) in lien and in place of any other benefit, grant, or iuterest whicb that person or interest may have in tile Trust Estate. REVOCAIILE LIVING TRUST AGI{EEMENT Pagc 17 Sectioa ?.04 .BA~JtLefits Coafidential 'File Settlers timber declare that it is tlleir desire and latent that tile provisions of tills Trust Agreement are lo remain COlllidmltial as to all parties. ]'lie Settlers direct 1bat only the iafbrmation concerniag tile benelits paid to any parlicalar Beaeliciary shall be revealed to sacb iudividual aad that no iudividaal shall have a right to informatkm conceraing tim bellcfhs being paid to ally other Beneficiary. ARTICLE EIGIIT Sectioa 8.01 Dislribt¢ion in Kind or in Caslt On any division of the assets of tile Trast Estate into shares or partial shares, and oa ally fiaal or partial distribntion of tim assets of tim Trust Eslale, tile Trustee, al bis or her absolute discretioa, may divide aud distribnte aadivided interests of such assets oa a pro rata or non-pro rata basis, or may sell any part of or all of sucb assets aad may make divisions or distribatioas iu cash or partly itl cash aad partly iii kiad. Tile deeisioa of the 'l'mstee, either prior to or on any division or distribution ofsucb assels, as to what eonstilules a proper division of snell assels of tile Trust Estate. shall be binding on all persons interested ill ally trast provided for ill this Trust Agreemeat. Section 8.02 Spen~kh~ Neither die principal nor tile income or tile trust shall be liable fi~r the debts of a Beneficiary, Except as otherwise expressly provided in this Agreement, no Beneficiary of aay trust shall bare any right, power, or anlborily to alieuale, eaetunber, or bypotbeeale Ids or her iuterest ill tile principal or income of this Trust ill any manner, aor shall Ihe iaterests of nay Beneficiary be subject to Ibc claims of his or bar credito~ or liable to attachment, execalioa, or other process of law. 'File limitations bereia shall not restrict the exercise of any pnwer ofappointmem or the right to disclaim. Sectioa 8.03 l)ofinitioa of Cbildrea The terms "ChiM" and "Cbildrea" as ased ill this Agreement meaa tile lawlhl issue of a Settlor or of tile Settka-s together. This definition also iueludes ebildren legally adopted by a Selllor or by the Settlers togetber. Section 8.04 I1~ cd emficiaries Aay Beneficiary x~bo is determined by a cotn~ ofcmnpetent jnrisdictiou to be incompetent shall eot have aay discretioaa .fy rights of a Beneliciary with respect lo this Trast, or Io tbeir share or portion IbereoL 'Hie Trustee shall hold and maintain such ineoml~lent Beueliciary's share of the Trust eslate and shall in the Tmslee's sale discretioa, provide for such Beueliciary as tbat Trustee would provide for a minor. Not~vilbstaading tile fomgoiog, ally Benelieiary wbo is diagaosed for tile proposes ofgoveramemal beuelits (as bereiualler delineated) as being not competent or as being disabled, nad who shall be eatitled to govermnental support and benefils by reasoa or such iacompetency or disability, shall cease Io be a BeneficlalT of this Trast. Likewise, they shall cease to be a Beaeficiary ifauy share or portion of the principal or lucerne of tile Trust shall be¢oule sabject to tile claims of any governmental ageaey fi~r cosls or benefils, Ii:cs. or charges. REVOCABLE LIVING TRUST AGREEMENT Page 18 Thc porlion of thc Tr~lst Estate which, absent Iht pmvisJoas o~lhls seclbn, would have been thc slmrc of snch incompetent or handicappud pm'son shall be relained in m~sl fi)r ns bng as that individnal lives. The trustee, at lus or her sole discretion, shall utilize snch fimds Eot the maialenancc o~lhat i,dividuaL Irsu~h individnal mcovm's from his er her incompclency or disability aad is no longer eligible ~or aid from any govemmemnl ~gcacy. inclnding costs or benefits, tees. or charges, such individual shall be minslaled as a Bcncficia~ after 60 days li~m sach recovc~ anti the allocation and dislribnlion provisions as slated herein shallal~plyt°that ~rtiontfftheTrus Estalcwhich is held bytheTrusleesubje~ttothclbrcgoingpmvisions of this section. If said handicapped Beneficiary is no longer livin8 and shall leave children then living, thc deceased chikl's share shall press to those children per stirpcs, lrthere are no chiMrcn, the share shall be allocaled proporlionatcly amo,g the remaining Bencticiarics. Seclion 9.01 .Trnstces ARTICLE NINE All Trostees are to serve withont bead, Tile tbllowing ;viii act as'rrmees of any Trasts created by this Trnst Agreement, ill t e lbllowing order of succession: First: Tile mlclersigned, ROBERT L. KERSTETTER and / or JANET F. KERSTETFER. Second: Third: The Su[viving Spouse. Upon tile end of the terms of thc original 'rrnslecs, LAWRENCE R. KERSTETTER and DOUGLAS A. KERSTETTER are designated as Join! Sncccssor Truslees. FOLlrth: Ill the eVelll that ella of my Joint Successor lrustees is nllwillhlg or unable to scrYe, then the remahling Joint Successor Truslees shall cootillne to sep.'e. A Traslee chosen by tile majority of Beaeficiaries, with a pal'mll or legal guardian voting Ibr minor Beneficiaries; provided, however, that tile children of any deccasetl Beneficiary shall collectively have only one vole. Seetioa 9.02 Allocation and Dislribufion.~f lhe Trnst Asscls The Trustees shall allocale, hold, administer, and distribute the Trust Assets tls hereiaaller pmvidml: I. Upon the death of the first Settlor. the Trustet: shall make any separate, distributions Ihat have been specified by the deceased Saltier. The Trustee shall also take iffio consideration Ihe appropriate provisions of this Article. Upon thc death of tilt Surviving Spouse, the Trustee shall hold. administer, nad dislribute Iha Trust Assets in the manner hereinafter prescribed. REVOCABLE LIVING TRUST AGIIEEMENT Page 19 Section 9.03 Personal Properly Distribation Notwithstanding ally provision of this Trust Agrcemcnt to the contrary, tile Trustee must abide by any meuloraudum by tile, Scttlors, particalarly that contaiaed itl tile section eatilled "Special Directives" iacorporatcd iuto this Trust Instrument, directing tile disposition of Trnst Assets of every kind including, bat not limited to, furniture, appliances, furnishings, pieturcs, china, silverware, glass, books, jow¢lry, wearing apparel, aud all ixdicies of fire, burglary, property damage, aad other iusurance oil or in coaneetion with the nsc of property. Othe;",vise. ally person01 and household effects of'thc Settlors shall bc distributed with tilt remaining assets of the Trust Estate. Sectiml 9.04 I,iabilit¥ of'l rL!sLce. Tile Trustee will .or bc I cspollsibl¢ or liable for any loss which may occar by reason of depreciation in value of tile properties at any time beloa~.iag to the Trust Estate nor for any other loss which may occnr, except that thc Trustee will be liable for each Trastee's owa negligence, acglcct, delhult, or willl~d wrong. Thc Trustee will aot bc liable or responsible for thc acts, oulissiolls, or de~mlts of any at[eat or other pcrsoa to whom duties may bc properly delegated bcrcundcr (except o~cers or regular employees of thc rl'rltSleC) if sacb agent or pcrsou was appointed with due care. The Trustee may rcceive rcimburscmcnt from tim Trust Estate lbr any liability, whether in contract or iu tort. iacur~d in the administratim~ of'thc Trust Eslatc in accordance with the provisions herco~, and thc Trastcc may coatrsct in sach form that such Tmstcc will be exempt t~om such personal liability and that such liability will be limited to thc Trust Assets. Section 9.05 Successor 'l'ruste~ Ally Successor Trustee shall have all the power, rights, discretion, aud obligatioas eonl'erred oil a Trustee by this Trust Agrcenlcnt. All rights, titles, and iutercst ill thc property of the Trnst shall immediately vest ill the successor Trastee at tile tillle or appoinlllleflt. 'rile prior'l'rnstcc shall, without warranty, traasl~r to Ibc Successor Trustee thc cxistiag Trnsl properly. No Successor ]'rnsice shall be uuder aay duty to examine, verify, question, or aodit Ih¢ books, rccoals, a~cotmts, or transactiou of auy preceding Trustee; and no Successor Trnstee shall be liable For auy loss or expease from or occasionod by anything doue or neglected to be done by any p~dcccssor Trustee. A Successor Trcstcc shall be liable only for his or her owa acts and defaults. ARTICLE TEN Section 10.01 Pcrt~etuitics Savinas (_'~ Notwithstanding any oilier provisiou of Ibis instrumcut, thc Trusts created hereunder shall lerminate not Jitter than tweaty-oae (21 ) years after the death ortho last survivor or all Settlors and any other }3cnel~iciary or I}encl~ciaries uau~ed or d¢lhled ill this Tiust liviag on the date of the death of the tlrst Settlor to die. The Trastee shall distribale rcmaiaing Trust principal and all aecrned or undistrJbated net iacomc hereunder to tilt Beuefieiary ur l~enei~ciaries. If there is more than oae Beneficiary, the distribatioa shall be in the proportion ill xvhieh they arc Benellcim'ies: if no proportion is desigaated, then the distribulioa shall bc in equal shares to such Beacl~ciaries. REVOCABLE LIVING TRUST AGREEMENT Page 20 ARTICLE ELEVEN Scctioa I 1.01 Govenfing La~v It is not intended that lhe laws of only one particular state shall necessarily L~overn all qaestions pertaining to all oft I¢ Trust hereunder. The valklity of the Trusl hereander, as wcll ns tile validity of the pallicular provisions of that Trust, shall be governed by tile laws oflhe state which has sufficient ¢onaeet[oll with the Trust to support such validity. The nleaning and eft'ecl of the terms of this Trust Agreen~ent sha be govelned hy the laws ofthe Comnlonweallh of Pennsylvaaia. The achnhlistration of this '['lrl. lst shall be governed hy tile laws of the state ia which tile principle el'flee of the Trustee then having etl&tody of the Trust's principal assets aud records is located. The tbrcgoiag shall apply even though Ihe situs of some Trast Assets or tile home et'the Setllor, a Trustee, Sectioa 11.02 ~jIy Provisioa Ifil coult tinds that lilly provJsJoa oflhis Trusl Agreement is void, illvalJd, tlr Ullenforceahle, tile remaiaing provisions et'this Agreenlent ',viii coatinue Io be fidly eflbctive. Section I 1.03 Ileadines ri'he ilse of headings iii connection with the various articles and sectioas of this Trast Agreement is solely convenience and the headings are to be given no meaaing or signillcance xvhatsoever ia construiag the lerms and provisions ofthls Agreement. Section 11.04 Internal Revemle Code Terminology As ased herein, tile worils "Gross Estate." "Adjusted Gross Estate," "Faxable Estate." "Unified Credit." "Slate Death 'Fax Credit," "Maximum Marital Deduction," "Marital Deduction." and any other word or XXol'ds which from lllC ¢Olll~xt ill which it or they nrc used retbr lo the Imernal RevellUe Code shall be assigned Ihe same meaaing as words have for thc parposes of al>plying the Internal R¢vonue Code to a dccuased Settler's Estate. Refe~ace to seclioas of the hltcnml RCVCIIIiC Code and lo Ih~ hltcrmd Revenue Code shall refer lo tile hlterna[ Revemlc Code amended lo tile date of such Setllor's dcalh. REVOCABLE LIVING TRUST AGREEMENT Page 21 SPECIAL DIRECTIVES OF I~,OBERT L. KERSTETTER I. ROBERT L. KERSTETTEK. a resident of the County o1' Cumbcrlm~d, Commonweallh of Pennsylvania, bciag of lawful age, and of sotmd and disposing mind and memo,)', and not acting under duress, Fraud, or anduu influence, hereby make. publish and declare lids lo be my Special Directive and 1 i ]cmpurate THE ROBERT L KERSTETTER AND JANET F. KERSTE~E~ REVOCABLE LIVING TRUST AGREEMENT. FIRST The natural objects of my affectioa arc: I. My xvife - JANET F. KERSTETTER 2. My Chiklren - I,AWRENCE R. KERSTETTER DOIJGLAS A. KERSTETTER SECOND I direct that all estate ami inherilance ta,xes payable aa a result of my death, not limited to la.xes assessed on property, shall b~ paid out of tim residue of my Es{ale, and shall not be deducted or collected from any League. Dcvisee. or Bcnc~cimT bemuudcr. TIIIRD In the eveat any of my named Bcaeficiaries should predecease me, all of that person's share of tile Trust Estale is to be divided equally among that person's issue per stirpcs ualcss otherwise stated in these directives. FOURTII I direct that, b¢tbrc any distributioa of tile assets of the Trust Estate to tile ilamed Beneficiaries, certain specific distributions, if any. shall be made [~om the assets as set tbrtb oa thc list attached bcrcto and marked "Exhibil A.' FIIrl'll I hereby acknowledge aad accept the "Special Directives." if aay. of my spm~se. REVOCAIH,E I,IVING TRUST AGREEMENT Page 22 SIXTH I direct that I,AWRENCI:~ P,. KEP, STETTEI{ shall rcceive the men's goM watch. SEVENTH [ direct that LISA R. KERSTETTER shall receive the silver jewelry and c ~ ~ d shes. EIGHTII J direct that SItERRY KERSTE'I~I'ER shall receive the butterlly necklace. NINTI! I direct that AMANDA KERSTETTER shall receive tile pearl necklace and earrings. REVOCABLE LIVING TRUST AGREEMENT Page 23 SPECIAL DIRECTIVES OF JANET F. KERSTETTER 1, JANET F. KERSTETTER, a resident of tile County of Cunlbcrland. Commonwealth of Pennsylvania. being of lawful age, and of sound and disposing mind and memory, and not acting uadcr duress, fraud, or undue hlflucnce, hereby make. publish aad declare this to be my Special Directive, and 1 incorporate THE ROBERT L. KERSTETTER AND JANET F. KERSTETTER REVOCABLE LIVING TRUST AGREEMENT. FIRST The natural objects of my affection are: I. My husband - ROBERT L. KEI~,S'FETTER 2. My Children - I,AWRENCE R. KERSTETTER DOIJGLAS A. KERSTETTER SECOND I dirccl that all estate and inheritance taxes payable as a result of my death, nol limited Ill taxes assessed oil pruperty, shall be paid out oFthe ~sidue of my Estate. and shall not be dcdacled or collected {i'Olll any League. Dcvisec. or Ileneficiary hemu.der, TIIlRD hi tile eVellt ally Of' ly lallICd BellCficiaries should pl'edeccase nm, all o~'llall person's share o|'lhc Trust Eslale is to be divided equally among that person's issue per stirpes unless olhcrwise stated ill these directives. FOUR'Ill I direct that, before rely distribution of lite assets of the Trast Estate Io tile named Benelicinries. certaia specific distributions, if any, shall be nlade fronl tile assets as set forth oil tile list attached heroic and marked "Exhibit A." FIFTI! I hereby acknowledge and accept tile "Special Direclives." if any, of my spouse. RIgVOCAllLE LIVING TIIUST AGREEMENT Page 24 SIXTI! direct that LAWRENCE R. KERSTETFER shall ~ecelve the mc $ go ~ watch, SEVENT! I direct that LISA IL KEI~.STE'I-I'EI~. shall receive the silYerjewelry and ¢ lna dishes. direct that SHERRY KF. RSTETI'ER shall receive tile butterfly necklace. NINTII direct Ihnt AMANDA KEI~.S'I'E'I'TER shall receive tile pearl necklac~ and earrings, REVOCABLE LIVING TRUST AGREEMENT Page 25 DATE[) to be effective this SETTLORS: ROBERT L. KI~RSTETTER ~ ACCEPTED BY CO-TRUSTEF~$: I~,OBERT L, KERSTE~I'TER ' JAN~, I' F. KERSTETTER COMMONWEALTH OF PENNSYI,VANIA COUNTY OF CUMI:H:;RLAND This instrument was acknowledged befbre me on the date herein scl Ibrth by ROBERT I,. KEI~S'I'I~TTER as Settlor and Co-Trustee to cerli~ w fi- I witness n ,~nd and sc of office. ry l'a bli~ o~mi/o a w~ti~ff'i~,i a Upper Allen T~., Cumb~l*nO ~ Joseph J, Cune~, Jr., Nota~ Pu~ COMMON WEALTI 1 OF PENNSYLVANIA L My Cgm~lJSS}O~ Expires F~. 16, ~ COUN'I Y OF CUMI~ERLAND This instrument was acknowledged before me on Ill(: date herein set t;arlh by .IANET F. KERSTI~TTER es Settlor a,,d Co-'r,'astee to certit~ ,,~th witnc~>d a,,d s~'/olli¢c. Upper Allen T~.~ Cu~rla~ Coun~ J My Commim~ton Expires Feb. 16, REVOCAllLE LIVING TRUST AGREEMI,;NT Page 26 SPECIAL INSTRUCTIONS FOlk PREPARING AND ATTACIIING AN "EXIlIBIT A" TO YOUR REVOCABLE LIVING TRUST AGREEMENT If you have special instruclitms for bequests of property that were not included ia the original trust planaiug documents, it is important that they be prepared correctly in order lo accomplish your wishes. "Exhibit A" is not an amendment: it is a paa of your origioal trast document. The page(s) entitled "SPECIAL DIRECTIVES OF ROBERT I,. KERSTETTER" and "SPECIAL DIRECTIVES OF JANI.'71' F. KERSTETTER" found near the cad oflhe Irtlsl document entitled 1'lIE ROBERT 14. KERSTETTER AND JANET F. KERSTETTER REVOCABLE LIVING TRUST AGREEMENI' needs to have a paragraph thai basically says lite following: I direct that my trust estate (or personal property or whatever tile items in qo¢slion art) bt distriboted according to lite list attached hereto aad marked "EXHIBIT A". If your trust is a joint trust, an "EMtibit A" retest bc mcationcd in tile SPECIAL DIRECTIVES of both. Make as many copies of your blank "EX1 IIBIT A" as it lakes to distribale your pcrsoaal ilems, listing the iadividual properly, the bencliciary of the properly, and, if applicable, the dollar or perceotag¢ amoant of trust prope~y yea wish lo bequeath. ~/hen you finish, manbcr and initial each page, and siga the last page. Bt sure to sigo your signature aad initials in fi'ant of your witaesses and a notary pablic. Date your "Exhibit A" the same dote you siC, ned your original trust agreement. (All gill pages rtrttst be eatitled "EXHIBIT A." All pages must be mnitbered. Each page tmtst have a place at the bottom lbr your inilials: Ih¢ last page must have a line Ibr your full signature. Your signature nmst have two wiluesses attd a notary.) Attach the origiuaI sigaed aad witnessed copy to your original I~,EVOCABLE LIVING TP, UST AGREEMENT. Put a copy ofyour "EXI IIBIT tX" with aay trast copits yea have stored, i.e., saft~ deposit box. See attached sample Ibr filrthcr help. If you have aay questioas, coalact lite attorney who prepared your trust. Aay changes made subsequent to lite trust date should be placed in lilt "AMENDMENT TO REVOCABLE LIVING TRUST AGREEMENT" which lbllows "Exhibit A". LOOK FOR YOUR PERSONALIZED"EXIIIBIT A" PAGES IIEHIND TIlE ROIIERT L. KERSTE'I'I'ER AND JANET E. KERSTETTER REVOCABLE LIVING TRUST AGREEMENT. '1'1~¢ I~ru!~:k, fin~g instrument consists or' ~ , typewritten/handwritten pages inuludin~ tl~c signalu]~ of Wiln~sscs. and aqknowledgmcnt of~c~r~We have signed our names fit tl~e boltom o1' each of thc prcccding pages. DATED this day of /~ ~ ~'V.~ ~ ) .-~ day of ROBERT L. KERSTETTER "EXIIIBIT A" ADDITIONAL SPECIAL DIRECTIVES OF -L.ROBERT L. KERSTETTER AND JANET F. KERSTE'VH,:R COMMONWEAl,TI I OF PENNSYLVANIA COUNTY OF CUMBER[~AND . by ROBERT L. KERSTETTER as Settlor a.d Co-Trust~: i~i~y which wi~ and seai STATE OF PENNSYI,VANIA COUNTY OF CUMBERLAND This instrument ,,vas acknov,'lcdgcd before me on the //"~//"I'. day of' dt//v' C. "~"'~:>__. by J AN ET F {-ERSTETTFJ~. as Seltlor and Co-Truslee to certify vHtich wilness my hand and scai ol'officc. "EXIIIBIT A" ADDFi'IONAL SPECIAL DIRECTIVES OF '*.- ,,._ROBERT L. KERSTE'FI'ER AND JANET F. KEI{STETTER __ PaRe of AMENDMENT TO REVOCABLE LIVING TRUST AGREEMENT TO: , AS TRUSTEE(S) UNDER TIlE ROBERT L. KERSTETTER AND JANET F. KERSTE'ITER REVOCABLE LIVING TRUST AGREEMENT DATED Pursuant to the right reserved to mc/us, ns Settlers under Article One oflhe above Agreement. I/we amend THE ROBERT L. KERSTETTER AND JANET F. KERSTETTER REVOCABI.E LIVING TRUST AGREEMENT as Ibllows: I/we amend Article Section I~allowing: ____ of the Trust Agreement and substitute therclbr¢ th~ I)ATED this __. da)' of SE'FTI,Oll. SETTI.OR V~ITNESS (Printed Nmno of Witness) TI(USTEE TRUSTEE WI'I~NESS (Prinled Name of Witness) GIVEN UNDER MY IIAND and seal of office on Ihis tile day of Notary Public. Commonwcallh of Pennsylvania TENANCY AGREEMENT This 'l'enaacy Agrccmeat is cnlered late on this day by and betx¥cen ROBEII.'I' L. KEI,I. SI'ETTER. and JANET F. KERSTETTEIk FACTUAl, SUMMARY Il. ClEM' I,. KERS'FE'I'TER aM JANET F. KEII. S'I'ETTER were married on O ¢2Z) 1'~ 17/(,_ '~-~ , ./'9' ~q/..~antl since that date have acqt red title to )re crt as oint tenaats w t ~ right ofsurvivorship~-- ...... r I P Y . J , ' ROIIERT I,. KERS'I'I/,'I"I'Et~, aad JANET F. KEII. S'I'EITER have created all estate plaa using a ~cvocable IM,g trust and compaaioa pour-over wills, and they now wish lo convc, all or pan of their ioint 11.OII EIIT L- IC~EI*SI'ETTER a;~d JAN ET F. KEI~,SIETIEI*, are aware that thq, qna¥ by agree heal, coavert their joi~t tcaaacy po,~perty intn t~nancy in common property so that they may better contM their ~'cspective inlerests ill thc properly ca each of their deaths. AGREEMENT TO CllAN(;E JOINT TENANCY ASSETS TO TENANCY IN COMMON II. OBER'I' L. KERSTETI'EI/aad JAN t';'1' F. KERSTETIER hereby graat, convey and trans£cr their respective ialercsts ill their iolnt teaa icy property In themselves as tellalltS ill comlllOll, except for joi.tly-hckl pJ'opcrly hi Schedule A of'this Teaancy Agreemeat, il'any. ,~OIIEII: 'L IC, E I. ST :TTF /a ltl JANE .......... , . ...... F I:. KEII. STE 1 [ E .1 intend t ils grcemcnl to Dc b ndi,g nn Ihcmsclvcs and on all others as to property hekl ill joint tenaacy with right of snrvivorshil) as of thc date of Ibis agreealcnl regardless of the mamler or ['erin el' the writtea title. /I4OIIEII. T L. KERSTE'rlEI~. a~ltl JANET I:. IC, ERSTEH'ER make this agrecmcal ca the /fl' ~ nf _... _~ cfi/q/~ ~..~L:I~ . tlay ROBEI/T L. I:. K EI(S'I'E'I'II';I~ REVOCABLE LIVING TRUST AGREEMENT COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ss. ACKNOWLEDGMENT This instnmlent was acknowledged before me on the date her~in set Ibrth ROBERT 14. K ERSTETTER and JANET F. KERSTETTER as husband and wife to certify which witness my hand aad seal of office. My Commission Expires: No%l~6al Seal Jo~ptl J. Cuaefl, ,Ir., Notary Pub{Io Uppor Allen T~., Cu~fland REVOCABLE LIVING TRUST AGREEMENT LAST WILL AND TESTAMENT (Pour-Over Will) OF ROBERT L. KERSTETTER IDENTITY I, ROBERT L. KERSTETTER, residing in the County of Cumberland, Commonwealth of Pennsylvania, being of sound mind and memory, and not acting under duress or undue influence of any person whomsoever, hereby declare this to be my Last Will and Testament, and I do hereby revoke all other former Wills and Codicils to Wills heretofore made by me. My Social Security Number is 174-20-5095. All reference made herein to "spouse or my spouse" refers to the person to whom I am currently married, namely, JANET F. KERSTETTER. By the ensuing provisions of this Will, it is my intention to dispose of my interest in our property; I do not intend to dispose of anything belonging to my wife or to put her to any election. 1 have the following children: LAWRENCE R. KERSTETTER bom October 24, 1950 and currently residing in Elliotsburg, PA 17024; DOUGLAS A. KERSTETTER born September 4, 1956 and currently residing in Franklintown, pA 17323. DEBTS, TAXES AND ADMINISTRATION EXPENSES I have provided for the payment of all my debts, expanses of administration of property wherever situated passing under this Will or otherwise, and estate, inheritance, transfer, and succession taxes, other than any tax on a generation-skipping transfer that is not a liability of my Estate (including interest and penalties, if any) that become due by reason of my death, under THE ROBERT L. KERSTETTER AND JANET F. KERSTETTER REVOCABLE LIVING TRUST executed on even date herewith (the "Revocable Trust"), or if my spouse predeceases me, under the Survivor s Trust created by the said Revocab e Trust. If the Revocable Trust assets should be insufficient for these purposes, my Executor shall pay any unpaid items from the residue of my Estate passing under this Will, without any apportionment or reimbursement. In the alternative, my Executor may demand in a writing addressed to the Trustee of the Trust an amount necessary to pay all or part of these items, plus claims, pecuniary legacies, and family allowances by court order. PERSONAL AND HOUSEHOLD EFFECTS It is my intent that all my personal and household effects were transferred to the Revocable Trust as a result of the Declaration of Intent signed this date. If there are any questions regarding the ownership or disposition of these assets, it is my desire that such assets pour into the Revocable Trust, signed by me this date in accordance with the provisions of the section titled "Residue of Estate." POUR-OVER WILLS Page I (Testator/Testatrix) RESIDUE OF ESTATE I give, devise and bequeath all the rest, residue and remainder of my property of every kind and description (including lapsed legacies and devices), wherever situated and whether acquired before or after the execution of this Will, to the Trustee under that certain Trust executed by me on the same date of the execution of this Will. The Trustee shall add the property bequeathed and devised by this item to the corpus of the above described Trust and shall hold, administer and distribute said property in accordance with the provisions of the said Trust, including any amendments thereto made before my death. If for any reason the said Trust shall not be in existence at the time of death, or if tbr any reason a court of competent jurisdiction shall declare the foregoing testamentary disposition to the Trustee under said Trust as it exists at the time of my death to be invalid, then I give all of my Estate including the residue and remainder thereof to that person who would have been the Trustee under the Trust, as Trustee, and to their substitutes and successors under the Trust, described herein above, to be held, managed, invested, reinvested and distributed by the Trustee upon the terms and conditions pertaining to the period beginning with the date of my death as are constituted in the Trust as at present constituted giving effect to amendments, if any, hereafter made and for that purpose I do hereby incorporate such Trust by reference into this my Will. EXECUTOR I hereby nominate and appoint JANET F. KERSTETTER as my Independent Executor of this, my Last Will and Testament, to serve without bond. In the event the first named Executor shall predecease me or is unable or unwilling to act as my Executor for any reasons whatsoever, then and in that event, I hereby nominate and appoint LAWRENCE R. KERSTETTER and DOUGLAS A. KERSTETTER to serve without bond as my Joint Executors. In the event that one of the Joint Executors shall predecease me, or is unable or unwilling to act as my Executor for any reason whatsoever, then and in the event I hereby nominate and appoint the remaining Executor(s) to serve without bond as my Independent Executor(s). Whenever the word "Executor" or any modifying or substituted pronoun therefore is used in this my Will, such words and respective pronouns shall be held and taken to include both the singular and the plural, the masculine, feminine and neuter gender thereof, and shall apply equally to the Executor named herein and to any successor to substitute Executor acting hereunder, and such successor or substitute Executor shall possess all the rights, powers, duties, authority, and responsibility conferred upon the Executor originally named herein. EXECUTOR POWERS By way of Illustration and not of limitation and in addition to any inherent, implied or statutory powers granted to executors generally, my Executor is specifically authorized and empowered with respect to any property, real or personal, at any time held under any provision of this my Will: to allot, allocate between principal and income, assign, borrow, buy, care for, collect, compromise claims, contract with .respect to, continue any business of mine, convert, deal with, dispose of, enter into, exchange, hold, improve, incorporate any business of mine, invest, lease, manage, mortgage, grant and exercise options with respect POUR-OVER WILLS ~ Page 2 (Testator/Testa-trix) to, take possession of, pledge, receive, release, repair, sell, sue for, make distributions in cash or in kind of partly in eacb without regard to the income tax basis of such asset and in general, exercise all of the powers in the management of my Estate which any individual could exercise in the management of similar property owned in its own right upon such terms and conditions as to my Executor may seem best, and execute aud deliver any and all instruments and do all acts which my Executor may deem proper or necessary to carry out the purpose of this my Will, without being limited in any way by the specific grants or power made, and without the necessity of a court order. My'Executor shall have absolute discretion, but shall not be required, to make adjust~nents in the rights of any Beneficiaries, or among the principal and income accounts to compensate for the consequences of any tax decision or election, or of any investment or administrative decision, that my executor believes bas had the effect, directly or indirectly, of preferring one Beneficiary or group of Beneficiaries over others. In determining the Federal Estate and Income Tax liabilities of my Estate, my Executor shall have discretion to select the valuation date and to determine wbether any or all of the allowable administration expenses in my Estate shall be used as Federal Estate Tax deductions or as Federal Income Tax deductions and shall have the discretion to file a joint income tax return with my spouse. SPECIFIC OMISSIONS I have intentionally omitted any and all persons and entities from this, my Last Will and Testament, except those persons and entities specifically named herein. If any person or entity shall challenge any term or condition of this Will, or of the Living Trust to which I have made reference in the sections "Household and Personal Effects" and "Residue of Estate," then, to that person or entity, I give and bequeath the sum of only one dollar ($1.00) only in lieu and in place of any other benefit, grant, bequest or interest which that person or interest may have in my Estate or the Living Trust and its Estate. SIMULTANEOUS DEATH If my spouse and I should die under circumstances such that the order of our deaths cannot be determined, then it shall be conclusively presumed for the purpose of this Will that my spouse survived me. If any other Beneficiary should not survive me for sixty (60) days, then it shall be conclusively presumed for the purpose of this my Will that said Beneficiary predeceased me. ROBI~RT L. KERs~-ETTER Testator POUR-OVER WILLS Page 3 (Testator/Testatrix) This instrument consists of 5 typewritten pages, including the Attestation Clause, Self-Proving Clause, signature of Witnesses, and acknowledgment of officer. I have signed my name at the bottom of each of thet preceding pages. This instrument is being signed by me on this /~) day of ATTESTATION CLAUSE The Testator whose name appears above declared to us, the undersigned, that the foregoing instrument was his Last Will and Testament, and he requested us to act as witnesses to such instrument and to his signature thereon. The Testator thereupon signed such instrument in our presence. At the Testator's request, the undersigned then subscribed our names to the instrument in our own handwriting in the presence of the Testator. The undersigned hereby declare, in the presence of each of us, that we believe the Testator to be of sound and disposing mind and memory. Signed by us on the same day and year as this Last Will and Testament was signed by the Testator. WITNESSES: (Printed Name of Witness) (P'rin~ed Ndme of WitneSs) ADDRESSES: POUR-OVER WILLS Page 4 (Testator/Testatrix) COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SELF-PROVING CLAUSE BEFORE ME, the undersigned authority, on this day personally appeared ROBERT L. KERSTETTER, ,~Ooo~e..l~ ~'. (_~_~ and ~--t"-4 ~,.,d f_~o ~T .known to me to be the Testator and the witnesses, respectively, whose names are subscribed to the foregoini instrument in their respective capacities, and all of them being by me duly sworn, ROBERT L. KERSTETTER, Testator, declared to me and to the witnesses, in my presence, that the instrument is his Will and that he had willingly made and executed it as his free act and deed for the purposes therein expressed; and the Witnesses, each on his or her oath, stated to me in the presence and hearing of the Testator, that the Testator had declared to them that the instrument is his Will and that he executed the same as such and wanted each of them to sign it as a witness; and upon their oaths, each witness stated further that he did the same as a witness in the presence of the Testator, and at his request and that he was at that time eighteen (18) years of age or over and was of sound mind, and that each of the witnesses was then at least fourteen (14) years of age. I~OBE[~T L. KERI~T~TER -' - Testator r-~(jtness ~, c-, (Printed Name of Witness) (Printed Name of Witness) SUBSCRIBED AND ACKNOWLEDGED before me by ROBERT L. KERSTETTER, Testator, and subscribed and sworn to before me by~Od~C..b '5. ~'o~' .~ and '~'"//~/~p0.,d (__~o 7Y , witnesses, thisthe f ~ dayof ~ V~ ' , N~ Public, ~dm~nwe~ of Pennsylvania ~ [ ao~eph ~. Curmrh ~r., ~ota~ I Upper Alien Twp. Cumbeflafld Coun~ [My Commission Expires Feb, 16, 2~ POUR-OVER WILLS ~~~ Page 5 (Testator/Testatrix) Kelley Blue Book tlscd Car Values Page I of 2 Kelley Blue Book I~liJ[ BOOK PRIVAT[. t~ARIY Penu~,ylvanle · June 18, 2004 2003 Chevrolet Malibu Sedan 4D Engine: V6 3.1 Liter Trans: Automatic Drive: Front Wheel Drive Mileage: 13,600 Search Listings for This Car List Your' Cai' For Sale Online {3uy a New Car Free Lemon Check Auto Loans from 3,~5~ APR Insurance Quote Print "For Sale" Sign Payment Calculator Equipment Air Conditioning Power Steering Power Door Locks Tilt Wheel AN/FIVl Stereo Single Compact Disc Dual Front Air Bags Consumer Rated CondlUon: Fair "Fair" condition means that the vehicle probably has some mechanical or cosmetic defects, but is still in safe running condition. The paint, body and/or interior need work to be performed by a professional in order to be sold. The tires need to be replaced. There may be some repairable rust damage. The value of cars in this category may vary widely. A clean title history Is assumed. Even after significant reconditioning this vehicle may not qualify for the Blue Book Suggested Retail value. Private Party Value Search Local Listings for This Car $8,960 Private Party value represents what you might expect to pay for a used car when purchasing from a private party. It may also represent the value you might expect to receive wl~en selling your own used car to another private party. ht~p://www~kbb~c~m/kb/ki~d~/kw~kc~ur?kbb~PA;24~3~5;PA~99&~7~24~scd+p&723;Chevr. 6/18/2004 Members I st Federal Credit Union Online - My Accounts - View Account Dctoils Page I of l Back to Regular Version You may sort your account register by date, ID, or amount by clicking on the appropriate column heading. Account: CHECKING/Il Current Balance Available Balance Amount of Last Deposit Year to Date Dividends 06/20/2004 $3,784.26 06/20/2004 $3,784.26 06/03/2004 $894.70 06/20/2004 $2.04 Rate 0.250 ~ Prior Year Dividends $6.15 ' 06/11/2004 BANKERS LIFE 357 - - INS PREM: ACH Transection -$).50.G3 $3,784.26 06/09/2004 21G SHARE DRAFT # 216: -$41.92 $3,934.89 06/08/2004 217 SHARE DRAFT # 217: -$36.70 $3,976.81 06/08/2004 2ll~ SHARE DRAFT # 218: -$20,67 $4,013.51 06/04/2004 212 SHARE DRAFT # 212: -$41.25 $4,034.1~.~ 06/04/2004 211 SHARE DRAFT # 211: -$14.00 $4,075.43 06/03/2004 US TREASURY 303 - - sac SEC: Automatic Withdrawal/Deposit $894.70 $4,089.43 06/03/2004 213 SHARE DRAFT # 213: -$$5.30 $3,194.73 06/03/2004 214 SHARE DRAFT # 214: -$33.65 $3,250.03 06/03/2004 215 SHARE DRAFT # 215: -$29.00 $3,283.68 06/02/2004 Share Deposit $525.00 $3,312,68 05/31/2004 DIVIDEND: Share Dividend $0.64 $2,787.60 05/27/2004 210 SftARE DRAFT # 210: -$507.72 $2,707.04 05/2.5/2004 209 SHARE DRAFT # 209: -$26.62 $3,294.76 05/22/2004 2(/7 SHARE DRAFT # 207: -$41,92 $3,321.38 05/21/2004 20}1 SItARE DRAFT # 208: -$20.67 $3,363.30 Savings federally Insured by NCUA. Back lo Regular Ve~sio, Membm~ I st l'edcral Credit Union Online - My Accounts - View Accoum Details I'agc I of 1 13~ck [o F, eguiar Versiol/ You may sort your account register by date, ID, or amount by clicking on the appropriate column heading. " Account: SAVINGS/00 Current Balance Available Balance Amount of Lest Deposit Year to Date Dlvldend.~ 06/16/2004 $931,65 06/16/2004 $906.65: 06/03/2004 $894,70 06/16/2004 $3.78 Rote 1.000 Prior Yeor Dividends $2.87 , 06/03/2004 US TREASURY 303 - - SOC SEC: Automatic Withdrawal/Deposit -$894.70 $931.65 06/03/2004 US TREASURY 303 - - SOC SEC: Automatic Wilhdrawal/Deposlt $094.70 $1,826.35 05/31/2004 DIVIDEND: Share Dividend $0,79 $93Z.65 Savings federally insured by NCUA. Equal ODportunlty Lender. Back to Regular Ve[siOll h0ps://nn~iae~m~mbcrs~st~rg~serv~/tps~rv~et?~ransacti~n~yp~=acc~un~Detai~sAc~i~nBean... 611612(i0,I O_T_/].2_/.20_g_4_, 15~_37~' 7177743869 STONE LAFAVER SHEKLE P~,~E 03 JDI/30/2004/~D 07:22 .~ SECURED LAND ~AX fro, 717 591 8506 P, 003/006 0_7_/_12~/_20~4~15j~37~~ ?177743569 STONE LAFAVER SHERLE PAGE 04 JUN/a0/2004~B 07:22 AU S~U~ED [J~D ~A~( No. 717 59I 8506 P. 904/006 ~AA ~D. Iii D~J ~DUO r. UUO/UUO A. Settlement Statement "IF 1. [] FHA 2. [] FmHA 3 n' File Number Loan Number Modgage [nsular~ce Case Number 1626 N, 3RD STREET. HARRISBURG, PA 17102 1620 N. 3RD STREET, HARRISBURG, PA 17102 E. NAME AND ADDRESS OF SELLER; THEESTATEOFROBERTL. KERSTETTER 29 HOGESTOWN ROAD, MECHANICSBURG~ PA F, NAME AND ADDRESS OF LENDER: THE WASHINGTON SAVINGS BANK 4201 MITCHELL ROAD, BOWIE, MD 20716.3167 G. PROPERTY 29 HOGESTOWN ROAD LOCATION; MECHANICSBURG, PA 17050 ~ SETTLEMENT AGENT: CEDAR CLIFF ABSTRACT AGENCY, INC* PLACE OF SETTLEMENT: 414 BRIDGE $TREET~ NEW CUMBERLAND~ PA 17070 TIN; 23-2133165 I. SETTLEMENT DATE: 07/29f20~4 RESCISSION DATE; J. SUMMARY OF BORROWER'S TRANSACTION SUMMARY OF SELLER'S TRANSACTION 100. GROSS AMOUNT DUE FROM BORROWER: 101. Contracl Sales Price $120. 000, O( 102. Personal Properly 103 Selllemenls charges to borrower: 204. 205 206. 207. 208 209. 219. 220. TOTAL PAID BWFOR BORROWER: 300. CASH AT SETTLEMENT FROM/TO BORROWER: 301, Gross amount due from borrower (line 120) 302. Less amount paid bylror borrower (Iine 220) 303 CASH ( ~FROM ) ( [~ TO ) BORROWER; $97,500.00 $26,852,54 400. GROSS AMOUNT DUE TO SELLER: ADJUSTMENTS FOR iTEMS PAID BY SELLER ~N ADVANCE: 412. 420 GROSS AMOUNT DUE TO SELLER: $120, 953. 500 REDUCTIONS IN AMOUNT DUE TO SELLER: ADJUSTMENTS FOR ITEMS UNPAID BY SELLER: 520. TOTAL REDUCTIONS IN AMOUNT DUE TO SELLER: 600 CASH AT SETTLEMENT TO/FROM SELLER 601. Gross amount due ID sailer (line 420) 602, Less reduclions in amt due seller (line 520) 603. CASH ( ~FROMI (~TO) SELLER: $i0,048,74 $10,048.74 $110,904.27 HUD-I (3-86) - RESPA, HB 4305,2 PAGE SETTLEMENT CHARGES ~.-----.,-- PAID FROM PAID FROM BORROWER'S SELLER'S FUNDS FUNDS $7,200*00 $95~.75 GERALD J. SHEKLETSKI PATIENT NAME: INSURANCE; WEST SHORE EMS - ALS 205 GRANDVlEW AVE c~.F~.~ CAMP HILL, PA 17011 Phone #: 1800} 307-0512 iNVC [? Tax ID: 23-2463oo2W~T SHORE ROBERT KERBTETTER MEDICARE B 174205095A 3024750A ROBERT KERSTETTER 29 HOAGBTOWN RD MECHANICSBURG, PA 17055 PATIENT NUMBER: 25§7B MDIP CALL NUMBER: 3024750A MDIP DATE OF CALL: 05/20/2004 TIME OF CALL: CALLER: FROM: HEALTH SOUTH SPECIAL SERVICES TO: HOLY SPIRIT HOSPITAL REASON(S) FOR TRANSPORT Hypolension CONGESTIVE HEART FAILURE DESCRIPTION OF CHARGE QUANTITY UNIT PRICE AMOUNT PARAMEDIC INTERCEPT A0999 1.0 488.08 488.08 3CC SYRINGE A0394 1.0 1.46 1,46 ANG)OCATH (14-24) A0394 1~0 4,75 4.75 GLUCOSE BLOOD A0394 1.0 5,54 5.54 EKG ELECTRODES A03gB 1,0 4.02 4.02 BP SITE A0394 1.0 4,47 4.47 10GTT TUBING A0394 1.0 7.58 7.58 NORMAL SALINE 500CC A0394 t,0 2.84 2.84 otal Charges 518.74 DESCRIPTION OF PAYMENT RECEI~PT PAYMENT DATE AMOUNT Total Credits 0.00 $518.74 PI.EASE PAY THIS AMOUNT PATIENT NAME: INSURANCE: WEST SHORE EMS - BLS 205 GRANDVlEW AVE [~ SUITE 211 CAMP HILL, PA 17011 ~ Phone #: (800) 367-0512/NVO~al Tax ID: 23.2463002~/~,~,1~ SHO~I~I~ 1742USU95A ROBERT KERS3ET'IER MEDICARE B 118824W ROBERT KERSTETTER 29 HOAGSTOWN RD MECHANICSI~URG, PA 17055 PATIENT NUMBER: 25578 WCS CALL NUMBER: 11 §§24W B ID/~rE OF CALL: 05118/2004 TIME OF CALL: 04:52 PM CALLER: HOLY SPIRIT HOSPITAL FROM: HOLY SPIRIT HOSPITAL TO: HEALTH SOUTH SPECIAL SERVICES REASON(E) FOR TRANSPORT CORONARY ARTERY DISEASE ...... DEECRIPTION OF CIIARGE QUANTITY UNIT PRICE AMOUNT Slretchor One Way Tl.,,:~purt A0999 1.0 75.26 75.26 Transpor[ Van Mileage A0099 5.0 1.15 5.75 rural Charges 81.01 DESCRIPTION OF PAYMENT RECEIPT PAYMENT DATE ~/ I PLEASE PAY THIS AMOUNT AMOUNT Total Credlls 0.00 $81.01 520 BROAD STREET NEWARK, NJ 07102 I~tvoice Period 06/23/2004 To 07/22/2004 Account No. 2704701 htvoice No, 24504531 7177665097 2500 I,,,lll-,llh,,,I,hlh,,.Ih,.ll,,,ll,l,h,.hll,h,,Ih,I ROBERT KERSGE]-rER 29 HOGES TOWN RD MECHANICS BERG, PA 17050-3115 Page I FOR CUSTOMER SERVICE CALL 1-800-889-9126 For Online Account Management, visit www.idt.net/account 520 BROAD STREET NEWARK, NJ 07102 invoice Period 05/23/2004 To 06/22/2004 ^ccount No, 2764701 Invoice No. 23790991 7177665097 2500 h,,llh,,llh,,,hMh,.,Ih,,.Ih,,Ihl,h,,hlhl,,,Ih,i ROBERT KERSGETTER 29 HOGES TOWN RD MECHANICS BERG, PA 17050-3115 Page 1 J eegin.i,g aa aoc. $0.00 J Fmleral Tax $0 14 Stale Tm $0.28 Local Tax $0.00 Surchargg$ $0.01 C%lrrent Bill Tot~tl Charge $,~.20 Payment Due $5,20 FOR CUSTOMER SERVICE CALL 1-800-889-9126 For Online Account Management, visit www, idt.net/aceount DEBRA BASEHOP~ WIEST ~N & ~D 9-5 & 8~PT 9 & 14 7-9~ 269 WOODS DRIV~ C~SED 8/23-8/29 MON & ~D 9-1 SEPT 20 THRU DEC 15 ~C~ICSBURG, PA 17050-2635 C~ FOR }~OURS DEC 20-~B 28 P~ONE (717) 697-1294 CLOSED NOLIDAYS PER CAPITA RESIDENCE 5.00 5.00 r^XES ARE DUE AND PAYABLE - PLEASE PAY PROMPTLY 030001265 I~RSTETTER, ROBERT L. 29 HOGESTOWN ROAD M~CHANICSBURG, PA 17050-3115 J DUR,.OT.,S PER,D0 [ PAY TH.S AMOUNT S~P 16-NOV 15 2004 JNOV 16-DEC 15 2004 UNPAID TAXES WILL SE TURNED OVER FOR DELINQUENT COLLECTION AFTER: DECEMBER 15. 2004 IF YOU DESIRE A RECEIPT, ENCLOSE A STAMPED ADDRESSED ENVELOPE WITH ALL COPIES. 1700 S LENCOLN AVE tNAME OF FACILIIY LEE~N V~ NEO~CAL CENTER (595) MEN PHONE I~NBER FOR (~JESTZONS ~$ 1'855-777-1353 I~A*_[.!,E. NT NA_T..,.~ ROB 05/27/2004 06/03/2004 05/03/2O04 05/03/2004 · iRT L KERSTETTE5 ~ ACCOUNT NO 505174205095KERST ~TMI PAYMENT (~N PART) COPAY 5X:1555¶53 FD:03/O3/~O04 14.00 ORUG:ACARBORE 25NG TAB DAYS:60 QTY:180 DATE: CO/1a~8.o0.4' S95-K403C$5 595'K404FTF verizp. pwi le s 700 CRAN~JEHRY WOOOS DR CRANrJERRY TWP, PA 16006 I,,.lll,,,llh,.hhlh,,,,ll,,,,ll,,,ll,l,l,,,hlhl.,ll.i Verizon Wireless news June 9, 2004 p,., o,. 05304tt837 your w[leloss phone, or 1-800-922-0204. P.O. Box 553. Wa.er~lale, PA 15086-0553 Pay by phone: Dial #PM'r (#768. #1~AL #22u) o 6t 1 automaled system at 1-800-922-0204. These calls are toll and ailtime flee. Pay online: Lo,ia to My Acco~Jnl al pArCc, ountsummarv evlous charges Previous Paymenl lecelved 06/02 * 3hauk you $41 25 $.00 Total Amount Due by July 04, 2004 $41.25 Silver Spring Township Authority Sliver Spring Township Authority 6415-Rear Carlisle Pike Mechanicsb[,g. Pa 17050 P~ccount Nomber: 2475-2471 ,~ervice Address: 2.9 Hogestown Rd Office will be closed: Monday. July fi. 2004 Billing Period From 04/01/2004 To: 061301200~..; Total Consumption: 0 i Statement of Account for Sewer Services ~efore Due D~te ,~ ~,.. Currant Charge: ~ $~ 14,70 ,~ .... Other Cha~es: Pay this amount before due date: - Pay this amount after due date: $126.17 Normal business hours are from 8:00 AM until 4:00 PM. Moltdey tltrough Fflday. e~,cept holidays and s~ecial occasions. Ai~ answering macglne is available for after hour questions regarding billing. Payments are due at the Silver Spring Township Authority office on the due dat~ pHaSed on the bl[t end are subject to [he 10% penalty, P;~yrnents can be m~de by check or money order. Customers may pay In Ihe following ways: · Mail payment along with the return stub to Ute Silver Spring To,reship Authordy, 6415-Rear Ca lisle Pike. Mechentcshurg, P; 17050 4PM, Mortdz~y gtru Friday). Ollice located at 6415-Rear Cagl$1e Pike behind the Ail-Stale Insurance Ofi~ce (near Vol. of America). The rate schedule for Silver Spring Township Augtodly is as follows: · Commercial -Flat Charge of $164,00 (per unit). PPL Electric Utilities Electric Service thb, bill? I'k'nne i:l 1.4'i01)-34. -$7~ lll: Electric Usc g I ' pPI' Page l SIiliilliary Page Ihdance a.~ oF,lift 13, 'lolaYPl'L El.E(? { C I;TlITlll{S Clu.gcs Tills AI~011111 NO l]l~l' Ihim AIIo 3 2004 $ 72.5(I $ 72.5~ $ 7Z51) 54 KWl I ' Average 1% Day Meier Remling Inh.-malion 45 I,htl 13 A{'lllal 11217 I Jiill I I fiClual ~ 1(1387 27 A'el'liRe- Jill 2 l)3 ]lllhl 18 KWH Per Day ~19 26 9 Use Molllldv II Aub 2(103 - .lul 2004 1(1393 JASON ~ FMAMI .I 20(13 Monlhs 2004 Other ilnporhult intornlalion oil hacl~ ,1,) PPL Electric Utilities Electric Service Fh]al is bill? I'leaso contact us I~ Aug 18 ~1 I~00~34~-5775 or 484~34~0 er w~le lo: Cmlomer ~e~ke 827 llau~lnnn Rd, ~lenlown, PA 18104.9392 ~.pplwcb.com Electric Use 'llds graph shes ~m~r clectfi~ ever Iho In~t 1 ~loalll~. er Readings: Actual Estimaled C~pstomer Summary Page Balance aa of,Jul 28, 200,1 Clmr~es TolaI'PPL ELECTRIC UTILITIES Clntges 58700-70004 b~'*s~a ~:~.!i ~: 72.50 33.51 Tolal Charge~ $106.01 Account Balau~ $106.01 J'£1 54 Jul 13 36 15 Days 27 Averaga- Jul Tempemtnm 18 KWI[ Per Day 9 Yearly Use: Aug 2(102 - Jul 2003 0 ^rig 2003. Jul 2004 ASOND $ PMAM J J A 2003 Months 2004 KWII-AvemgoP~rDay MelerRending Information ~!~er#63704938 Aclual 2003 75~ ~0 11595 I 2004 721: 25 Tolel Averal-,e Uso Moa ~h41~ 101~5 9320 777 ............. . .... ~l~l?.~.r important information on back PPL Electric Utilities Electric Service ;~1 !-t~(111-34.-5775 or 484-¢,34-4900 I ~ I (J'I-9.t92 Electric Use T¥ }¢~ ~f pPI i? Page I Summary Page Ilahmt,~ tis ,f Jun I !, gtll}4 $ 0.01J Chan~es: 'l~la[ PPi., I~l.l]( ?I'IIIC U'III.ITIIqS ClJmgt~s $ {~1.05 ! ay i Ifl~ Amomlt No later thlltl J.I 6, 2~4 45 r ,hill J j ./~t, lJillJ J MIl)r 12 18 KWll l'er Day 26 Yearly list,: KWI l - Average Per I)ay l~lcler Rcadinl~ lnhlrnmlion 'l'~,lal Use 950*) 1O387 J I (igF 23 79.~ ()liner imliorhull illliirmalion oil Imci~ 'J~ gill;no Snmmmy for get, ice to Past Dill ieformetioa. UGI Utility ] Cugt°mef Numbe~ The account b~lance on ynt~r last bdl waa ................ $33.6,5 I Thank you for yonr pqylfi~t of ..................................... ~3.65 216707884410 Your balance as of 06111t20g4 ................................ ' t."i'il'j ~ Rela Classification: Residential Heating gililng F'eried: OSIt t/2004 Io 06/09/2904 (29 days) [flRnated Rend Questions? C~II 1-800 276-2722 or w~te to UGi at ~OX 13009 Re~dmg, P~ 19G12-3009 ' Your curm~t UGI charges Lnclude SI;do t~xe~ totaling $ OZO. 5.04~'5! Average CCF Per Day 2093 Months 2D04 Daily lenlperahlra 5~"F ~9~f-_~--__' Current Rill Information - UGI Utility Co$toloer Charge ........................................................... 8.55 Commodity Charge 113 CCF at $0.848461 ............. 11.03 Di,qtMbetion Charges (Filst 13 CCF at $0.36308) -!.72 PA State Tax Sur[~harTje .................................................. Total Qureut Cha~gea JO Ut t~' chaee owed th s bg Total Amount Dun, Pleaan Pay by Bun Date (07/02/Z004) ................................... Meter Information - Next Read Date July 9, 2004 Meter Number Prevloue Reading Pre,eat Reading CCF Used I t 62993 3124 (remote) 3137 (estimated) ! 3 $ Z4.2Y $ 24.27 Messagas from U61 Bglip9 5e~mary ~,r 9ely ce to Pest Dill Informallon. UDI Utility '~ hn account balance on your lasl bill was ................ Payments ....................... ; Year ha anco as of 07/3012004 (dee cow) ............... g.99 2i6 707 884410 gMe DlnssiRcatien: Rosiden6al Ifeating Billing Period: 07/09/Z004 lo 07/Z§12004 (19 days) 7,30 Average CCF Per Day 6.57 Current Dill Informotiou. U61 Utility Customer Charge ........................................................... 5,42 Commodity Charge 5 CCF at $0.89200) ........ 4.41 UisDibutioa Charges ........................................................ 1.81 PA Stale Tax Surcharge .................................... -0,01 Total Carrant Charges. UGI Utility ................. '"-'"-T~'3' UGI Utllll~ charges owed this bill ................. ,.,.....:,; ..................................................... $15 rd) Total Amount Due, PieaS~Pny by D~e date (08/20/2004) ..................................... $1 Meter Reading Information Meier Humber Previous Reading Present Reading CCI: Used 1162993 3133 (remote) 3136 {final) 4.3~ 3.65 2.92 0.73 2003 Months · = EsGmat~ Usa9o Last ~is ~F/day 0.23 0,18 Messages from UGI · Your current price to compare is $ 0.86179/CCF. · Your total annual usage is 706 ~F. Your average monthly usage is 59 CCF. · Thank you for your business, You have mainlained an excellent payment history with UGI. This bill may be us~ as a c~it foferance for obtaining futura utility · Iteip prevent pipeline damage, accid~ts ned sewice disruptions, II y~ see g~,ily t~mperatam 73°F 7t~-' If you pay et a payment agent please take year entire hill. M~ke check payable to UGI. Keep h ~ part rot year mconJs. Important Iflformat on e on the back of t e b I. Post Bill Information. 1.161 Utility' The account balance on yoor last bill was ................ $ 24.27 '[hank you for your paymset et ................................. 24.27 Ad ,*stme,,Ls ......................................... ~:~ Yuurbaanceaso 07114;2004 ................................... - . . cu'tom,r 216 707 88441 ' Current Bill Iotormafloa -UUI Utility Customer Charge ............................................... t7 10 CemmodityCharge 9 CCF a $0 86556 ................. 7.?g Distribution Cha~ges ........................................................ 3.29 PA State Tax SurCharge ....................................... ,*0.03 Tntal Current Charges - UGI U iii y .................. UG Ut t)' choreas awed this bill ............................................................................... $ 3,67 Total Ammret Dee, Please Pay by Doe Date (0gl0412004) .............................. 7.30 __ _A_v~Oa~CF Per Day 6.57 5.64 __ 4.39 3.65 1.46 0.73 0.09 2003 Montha CCF/day 023 015 Meter Information - Neat Read Date September 8, 2004 Meter Number P~eeieas Neadfog Present Readieg CCF Used 1162993 31~.4 {gemole) 3133 {remote) 9 ~lesSagea from UGI · Your current price to compare is $ 0.68179/CCF, · Your total 8enual usage is 708 CCF. Your average menthly usage is 59 CCF. · We can make your eeergy costs easier on your budget wilh our t 2 mordl~ Budget I~iliiflg plops. Yom monthly paymeot would bo ept.e~hnalely $ 92.00. For more infl~rm.befl almot this plan Call gr~I dpgging ~ear y~ur hame please call UGL If you pay at a paymee[ agent please take y~ur entire bill, Make check payable to UGI, Keep this pa~t for your records. Important ~tormatiofl I~ os Ilia back of thio bil CERTIFICATION OF NOTICE UNDER RULE 5.7 To the Register: Name of Decedent: Date of Death: File Number: Robert L. Kerstetter 6/10/2004 2004-00580 I certify that notice of estate administration required by Rule 5.7(a) of the Orphans' Court Rules was served on or mailed to the following beneficiaries of the above-captioned estate on Name Douglas A. Kerstetter Lawrence R. Kerstetter Address 67 Winchester Gardens, Carlisle, PA 17013 1487 Peach Ridge Road, Elliottsburg, PA 17024 Notice has now been given to all persons entitled thereto under Rule 5.7 (a) except: Date: Capacity: Rev. 1/2~o0 X Personal Representative __ Counsel for Personal Representative Signature Name Brett B. Weinstein, Esq. Address 707 W. Dekalb Pike, Suite 2 King of Prussia, Pennsylvania 19406 Telephone: (610)337/43~33 ' ~!~qLtl:~.) 9g: Ld gL d3S K}. Register of Wills of Cumberland County, Pennsylvania INVENTORY Estate of Kcrstetter, Robert L. No. 21 - 04 - 00580 also known as Date of Death 6/10/2004 , Deceased Social Security No. 174-20-5095 Lawrence R. Kerstetter Douglas A. Kerstetter The Personal Representative(s) of the above Estate, deceased, verify that the items appearing in the fallowing Inventory include all of the personal assets wherever situate and all of the real estate located in the Commonwealth of Pennsylvania of said Decedent, that the valuation placed opposite each item of said Inventory represents its fair value as of the date of the Decedent's death, and that the Decedent owned no real estate outside of the Commonwealth of Pennsylvania except that which appears in a memorandum at the end of this Inventory. ~/We verify that the statements made in this Inventory are true and correct. I/We understand that false statements herein are made subject to the penalties of 18 Pa. C. S. Section 4904 relating to unswom falsification to authorities. Personal Representative Attorney: Brett B Wcinstein Signature: Lawrence'~R. Kerstetter I.D. No.: 78665 Signature: Address: 705 West DeKalb Pike King of Prussia, PA 19406 Telephone: 610/337-3733 Personal Property 2003 Chevrolet Malibu Sedan VIN 1G1ND52J33M698493 Members 1st Federal Credit Union Checking Account No. 229849-11 Members ~ Federal Credit Union ---Savings Ag'Oount N~. ~29849-0 t Douglas A. Kerstetter Signature: Address: 1487 Peach Ridge Road Elliottsburg, PA 17024 Telephone: 71%438-3928 Dated: 8,960.00 3,935.00 932.00 Total Personal Property $13,827.00 (Attach additional sheets if necessary) Total Personal Property and Real Estate $13,827.00 COMMONWEALTH OF PENNSYLVANIA DEPARTMENTOFREVENUE BUREAU OFINDiVIDUAL TAXES RECEIVED FROM: PENNSYLVANIA INHERITANCE AND ESTATE TAX OFFICIAL RECEIPT NO. CD 004359 KERSTETTER LAWRENCE R 1487 PEACH RIDGE RD ELLIOTSBURG, PA 17024 ........ fold ESTATE INFORMATION: SSN: 174-20-5095 FILE NUMBER: 2104-0580 DECEDENT NAME: KERSTETTER ROBERT L DATE OF PAYMENT: 09/09/2004 POSTMARK DATE: 09/09/2004 COUNTY: CUMBERLAND DATE OF DEATH: 06/10/2004 ACN ASSESSMENT CONTROL NUMBER AMOUNT 101 84,823.33 TOTAL AMOUNT PAID: 84,823.33 REMARKS: INHERITANCE TAX PMT SEAL CHECK//1018 INITIALS: GFS RECEIVED BY: GLENDA FARNER STRASBAUGH REGISTER OF WILLS REGISTER OF WILLS ~-"]j ~(/EINSTEIN LAW OFFICES PC J~Ii£TT B. WEINSTEIN JASON A. PLAZA 705 WEST DEKALB PIKE KING OF PRUSSIA. PA 19406 (610) 337-3733 FAX (610) 337-3240 April 27, 2004 FOSTER PLAZA, SUITE 300 651 HOLIDAY DRIVE PITTSBUI~GH. PA 15220 (600) 859-9535 FAX (412) 928-4951 Register of Wills Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013-3387 Re: The Estate of Robert L. Kerstetter File No. 21-04-00580 To Whom It May Concern: Enclosed please find the PA Inheritance Tax Return for the ab~ .?~-men~oned ~,? c Estate. The five percent discount has been applied as the Return is p(~t~arke~on or .... before three months from the date of death. Also, enclosed is the Inventory filed in duplicate. If you have any questions, or require any additional information, please contact our office. Sincerely yours, WEINSTE1N LAW OFFICES PC Brett B. Weinstein, Esquire DHA Enclosures BUREAU OF TNDZVTDUAL TAXES TNHERZTANCE TAX nTVTSZOH DEPT. 18n601 HARRTSBURG, PA 17118-0601 COMMONWEALTH OF PENNSYLVANZA DEPARTMENT OF REVENUE NOTZCE OF ZNHERZTANCE TAX APPRAZSEMENT, ALLO#ANCE OR DZSALLO#ANCE OF DEDUCTZONS AND ASSESSMENT OF TAX REV-15q? EX qFP BRETT B WEINSTEIN WEINSTEIN LAW OFFICES 705 W DEKALB PIKE KNG OF PRUSSIA DATE 11-01-200q ESTATE OF KERSTETTER DATE OF DEATH 06-10-ZOOq FZLE NUMBER 21 0q-0580 COUNTY CUMBERLAND ACN 101 I Amoun'l: Rem i'l"l'ed ROBERT L MAKE CHECK PAYABLE AND REMZT PAYMENT TO.' REGISTER OF WILLS CUMBERLAND CO COURT HOUSE CARLISLE, PA 17015 CUT ALONG THZS LZNE ~ RETAZN LOWER PORTZON FOR YOUR RECORDS ~ REV-1547 EX AFP (01-033 NOTZCE OF ZNHERZTANCE TAX APPRAZSEMENT, ALLOWANCE OR DZSALLOWANCE OF DEDUCTTONS AND ASSESSMENT OF TAX ESTATE OF KERSTETTER ROBERT L FZLE NO. 21 0q-0580 ACN 101 DATE 11-01-200q TAX RETURN HAS: (X) ACCEPTED AS F/LED ( ) CHANGED RESERVATTON CONCERNZNG FUTURE TNTEREST - SEE REVERSE APPRAZSED VALUE OF RETURN BASED ON: ORIGINAL RETURN 1. Reel Es~a~e (Schedule A) (1) 2. S~ocks and Bonds (Schedule B) (2) 3. Closely Held S~ock/Par~nership In~ares~ (Schedule C) (3) q. Mortgages~No,es Receivable (Schedule D) 5. Cash/Bank Deposits~Misc. Personal Proper~y (Schedule E) ($) 6. Jointly Owned Proper~y (Schedule F) (6) 7. Transfers (Schedule g) (7) 8. To,al Asse~s APPROVED DEDUCTZONS AND EXEMPTZONS: 9. Funeral Expenses/Adm. Costs/Misc. Expanses (Schedule H) (9) 10. Debts/Mortgage Liabili~ies/Liens (Schadulm I) (10) 11. To,al Deductions 12. Ne~ Value of Tax Re~urn 15/827.00 .00 .00 NOTE: To insure proper .00 credi~ ~o your accoun*, .00 submi~ ~he upper por*ion .00 of *his form wi~h your ~ax payment. 110/90q.00 (8) 1Zfi,751.00 10,8q2.00 15. NOTE: 1~065.00 (11) 11.907.00 (1;) 112,82q.00 Char1~cable/governmen~al Bequests; Non-elec*ed 911:5 Trusts (Schedule J) (1:5) . O0 Ne'l: Value of Es~:a~:e Subject: ~:o Tax (lq.) 112,82q.00 'r.F an assessment was issued previously, lines 14, 15 and/or 16, 17, 18 and 19 will reflect figures that lnclude the total of ALL returns assessed to date. (15) .00 x O0 = .00 (16) 112,82~.00 x Oq5= 5,077.08 (17) . O0 x 12 = . O0 (18) .00 x 15 = .00 (19)= 5,077.08 AMOUNT pATD ASSESSMENT OF TAX: 15. Amoun~ of L/ne lq a~ Spousal 16. Amoun~ of L/ne lq *axable a~ LAneal/Class A re*e 17. Amoun~ of Line lq e~ Sibling ra~a 18. Amoun~ of Line lq ~axablm a~ Collateral/Class B ra~e 19. Principal Tax Due TAX CREDZTS: PAYMENT RECEIPT DISCOUNT BATE NUMBER INTEREST/PEN PAZD 09-09-200q CD00q$59 15~.85 ZF PAZD AFTER DATE ZNDZCATED, SEE REVERSE FOR CALCULATZON OF ADDZT/ONAL ZNTEREST. q,8Z$.35 BALANCE OF TAX DUE ZNTEREST AND PEN.ToTAL DUE ~OocR ( ZF TOTAL DUE TS LESS THAN $1, NO PAYMENT IrS REI~UZRED. TF TOTAL DUE TS REFLECTED AS A "CREDTT" (CR), YOU MAY BE DUE A REFUND. SEE REVERSE STDE OF THTS FORM FOR TNSTRUCTTONS.) RESERVATION: Estates of decedents dying on ar before December 12, 1981 -- if any future interest in the estate is transferred in possession or enjoyment to Class B [collateral) beneficiaries of the decedent after the expiration of any estate for life or for years, the Commonwealth hereby expressly reserves the right to appraise and assess transfer Inheritance Taxes at the lawful Class B (collateral) rate on any such future interest. PURPOSE OF NOTICE: PAYNENT: REFUND (CR): OBJECTIONS: ADNIN- ISTRATIVE CORRECTIONS: DISCOUNT: PENALTY: INTEREST: To ~ulfi11 the requirements of Section 1160 of the Inheritance and Estate Tax Act, Act 25 of ZOO0. (71 P.S. Section 9160). Detach the top portion of this Notice and submit Nith your payment to the Register of Nills printed on the reverse side. --Make check or money order payable to: REGISTER OF HILLS, AGENT A refund of a tax credit~ which was not requested on the Tax Return, may be requested by completing an "Application for Refund of Pennsylvania Inheritance and Estate Tax" (REV-1515), Applications are available at the Office of the Register of Nills, any of the 15 Revenue District Offices, or by calling the special lB-hour answering service for forms ordering: 1-800-56Z-lose; services for taxpayers eith special hearing and / or speaking needs: 1-800-667-50Z0 (TT only). Any party in interest not satisfied ~ith the appraisement, allowance, or disallowance of deductions, or assessment of tax (including discount or interest) as shown on this Notice must object within sixty (60) days of receipt of this Notice by: --written protest to the PA Department of Revenue, Board of Appeals, Dept. 281011, Harrisburg, PA 17118-1011, OR --election to have the matter determined at audit of the account of the personal representative, OR --eppeel to the Orphans' Court. Factual errors discovered on this assessment should be addressed in Nriting to: PA Department of Revenue, Bureau of Individual Taxes, ATTN: Post Assessment Revie~ Unit, Dept. 260601, Harrisburg, PA 17118-0601 Phone (717) 787-6505. See page 5 of the booklet "Instructions for Inheritance Tax Return for a Resident Decedent" (REV-IS01) for an explanation of administratively correctable errors. If any tax due is paid ~ithin three (5) calendar months after the decedent's death, a five percent (51) discount of the tax paid is allowed. The 1SZ tax amnesty nan-participation penalty is computed on the total of the tax and interest assessed, and not paid before January 18, 1996, the first day after the end of the tax amnesty period. This non-participation penalty is appealable in the same manner and in the the same time period as you Nould appeal the tax and interest that has been assessed as indicated on this notice. Interest is charged beginning with first day of delinquency, or nine (9) months and one (1) day from the date of death, to the date of payment. Taxes ~hich became delinquent before January 1, 1981 bear interest at the rate of six (61) percent per annum calculated at a daily rate of .000164. All taxes which became delinquent on and after January 1, 19BI will bear interest at a rate which will vary from calendar year to calendar year with that rate announced by the PA Department of Revenue. The applicable interest rates for 198Z through ZOO6 are: Interest Daily Interest Daily Interest Daily Year Rate Factor Year Rate Factor Year Rate Factor 1'~ 20Z .000568 ~'~-1991 111 .000501 ~ 9X .000247 1985 161 .000638 1992 91 .0002~7 2002 61 .00016~ 1986 llZ .000301 1995-1996 7Z .000192 2003 52 .000157 1985 151 .000556 1995-1998 9Z .0002~7 2006 6Z .000110 1986 lOX .000276 1999 7Z .000192 1987 1gl .000276 2000 7Z .000192 --Interest is calculated as follows: TNT(REST = BALANCE OF TAX UNPATD X NUHBER OF DAYS DELINQUENT X DAllY INTEREST FACTOR --Any Notice issued after the tax becomes delinquent will reflect an interest calculation to fifteen (15) days beyond the date of the assessment. If payment is made after the interest computation date shoNn on the Notice, additional interest must be calculated. Cumberland County - Register Ot Wllls One Courthouse Square Carlisle, PA 17013 Phone: (717) 240-6345 Date: 4/25/2006 WEINSTEIN BRETT B ESQ 707 WEST DEKALB PIKE SUITE 2 KING OF PRUSSIA, PA 19406 RE: Estate of KERSTETTER ROBERT L File Number: 2004-00580 Dear Sir/Madam: This notice is to serve as a reminder that the Status Report by Personal Representative under Rule 6.12 is due on the below listed date. As per the AMENDMENTS TO SUPREME COURT ORPHANS' COURT RULES, NO. 103 SUPREME COURT RULES DOCKET NO. I, for decedents dying on or after July I, 1992, the personal representative or his counsel, within two (2) years of the decedent's death, shall file with the Register of wills a Status Report of completed or uncompleted administration. This filing is due by: 6/10/2006 Please feel free to contact this office with any questions you may have. If you have already filed your Status Report, please disregard this notice. Sincerely, ~a~~ Clerk of the Orphans' Court cc: File Personal Representative(s) Cumberland County - Register Of Wllls One Courthouse Square Carlisle, PA 17013 Phone: (717) 240-6345 Date: 4/25/2006 KERSTETTER DOUGLAS 67 WINCHESTER GARDENS CARLISLE, PA 17013 RE: Estate of KERSTETTER ROBERT L File Number: 2004-00580 Dear Sir/Madam: This notice is to serve as a reminder that the Status Report by Personal Representative under Rule 6.12 is due on the below listed date. As per the AMENDMENTS TO SUPREME COURT ORPHANS' COURT RULES, NO. 103 SUPREME COURT RULES DOCKET NO. I, for decedents dying on or after July I, 1992, the personal representative or his counsel, within two (2) years of the decedent's death, shall file with the Register of Wills a Status Report of completed or uncompleted administration. This filing is due by: 6/10/2006 please feel free to contact this office with any questions you may have. If you have already filed your Status Report, please disregard this notice. Sincerely, ~~~ /l Glenda Farner Strasbaugh Clerk of the Orphans' Court cc: File Counsel Cumberland County - Register ur Wl~~S One Courthouse Square Carlisle, PA 17013 Phone: (717) 240-6345 Date: 4/25/2006 KERSTETTER LAWRENCE R 1487 PEACH RIDGE RD ELLIOTSBURG, PA 17024 RE: Estate of KERSTETTER ROBERT L File Number: 2004-00580 Dear Sir/Madam: This notice is to serve as a reminder that the Status Report by Personal Representative under Rule 6.12 is due on the below listed date. As per the AMENDMENTS TO SUPREME COURT ORPHANS' COURT RULES, NO. 103 SUPREME COURT RULES DOCKET NO.1, for decedents dying on or after July 1, 1992, the personal representative or his counsel, within two (2) years of the decedent's death, shall file with the Register of Wills a Status Report of completed or uncompleted administration. This filing is due by: 6/10/2006 Please feel free to contact this office with any questions you may have. If you have already filed your Status Report, please disregard this notice. Sincerely, ~~~ , , / ' Glenda Farner Strasbaugh Clerk of the Orphans' Court cc: File Counsel Register of Wi Us of Cumberland COtL1'1ty Date of Death: STATUS REPORT lJNDER RULE 6.12 ~ u\ fLr+ L, )( JZ/~\' Y2 '\{"v ~. \0 - O~ Name of Decedent: Estate No.: ? 00 L\ - o (, C 0-, i \ V _) I.d V Pursuant to Rule 6.12 of the Supreme Court Orphans' Court Rules, I report the following with respect to completion of the administration of the above-captioned estate: 1. State whether administration of the estate is complete: Yes IL:h No 0 2, If the answer is No, state when the personal re:presentative reasonably believes that the administration will be complete: N" \\ 3. If the answer to No.1 is Yes, state the following: a. Did the personal representative file a final account with the Court? Yes ~ No 0 b. The separate Orphans' Court No. (if any) for the personal representative's account is: N \ A; \ c. Did the personal representative state an account informaliy to the parties in interest? Yes 0 No 0 c. Copies of receipts, releases, joinders and approval of fonnal or informal accounts may be filed with the Clerk 0 the rphans' Court and may be attached to this report. ~ \ '" . I Date: 6'-1--1- () G ~ . Signature ( \ ( '~()\.J_,~) \(r~>tenc.,r Name - II W"L""c \. J2. So-\- )~I Gel" ') Address Ck (~::L SC,z. f ~r- \ 70 13 C____1il) 21-\ \ -L-) \ l e Telephone l.Jo. z Z : l . ~~ C - ;"~ · ~ Capacity: Wersonal Representative tJ Counsel for personal representative I ~. /'\\,,' Register of"'V',liUr:; or Cumberland County STATUS REPORT lJJ\TDER RUT-'.JE 6.12 Name of Decedent: J'plJ.,." I L, ke/I~if,../" Date of Death: ./ W /lit I () .,I.. c.J c./ L". Estate No.: .1 ,--JCJ~ - 0 c;J 5',fv Pursuant to Rule 6.12 of the Supreme Court Orphans' Court Rules, I report the following with respect to completion ofthe administration of the above-captioned estate: 1. State whether administration of the estate is complete: Yes ~ No 0 2. If the answer is No, state when the personal representative reasonably believes that the administration will be complete: /'1 / /J 3. If the answer to No. I is Yes, state the following: a. Did the personal representative file a final account with the Court? Yes Qq No 0 b. The separate Orphans' Court No. (if any) for the personal representative's account is: )/ / A c. Did the personal representative state an account informally to the parties in interest? Yes Qg No 0 c. Copies of receipts, releases, joinders and approval of fonnal or infonnal accounts may be filed with the Clerk of the Orphans' Court and may be attached to this report. Date: tJ / ,/1" (, -;2: -' ~ Cl---- ~Lh /7/ ".> r Signature /..J<v /' l:',f~ '(' d. k ~/' J r-e /7' e~ Name /'1'[7 /p"'h ,(':6" t /.?/ E~L0(1Jj50.~C,o/7 Address 7/ )- (..t 3 r - JCj' ;L f Telephone No. l-~ :"\ :~, 1, \ ~ ,.... .' c, .._ ;. .v,ap.amty: J2} Personal Representative o Counsel for personal representative /--.., , ' \\ '-J Register of Wi Us of Cumbedana Cau...1t1ty Name of Decedent: STATUS REPORTtJNDERRULE 6.12 ---;"} ). . K 1) bp {-+ L 1\ e { )~--tt- y Date of Death: () L; - I 6 - (~6 (J 4 6LJ-65'Zo Estate No.: /~) \ Pursuant to Rule 6.12 of the Supreme Court Orphans' Court Rules, I report the following with respect to completion of the administration of the above-captioned estate: 1. State whether administration of the estate is complete: Yes Ell No 0 2. If the answer is No, state when the personal representative reasonably believes that the administration will be complete: 3. If the answer to NO.1 is Yes, state the following: a. Did the personal representative file a final account with the Court? Yes 0 No 1)[1 b. The separate Orphans' Court No. (if any) for the personal representative's account is: c. Did the personal representative state an account informally to the parties in interest? Yes fll No 0 Date: 5/ ') / l;v , c. Copies of receipts, releases, joinders and approval of fonnal or informal accounts may be filed with the Clerk of the Orphans.~Court and may be attached to this report. ~j".' -....- :pyt,u+~1J Signature ~ II /') Jj(eTT -D Name LL) E' I n~~ 1\ E~)I' 705 Lc). }Je ~!C/ 11 PI +/e- Address f) D . ,n I 0,(1' / r~ i 1\ q.. () -+~ r ( ~)~ ?_:/ C-L U'"/l I 6 v <:J Ct 16 .~) 7 <373 -:s Telephone No. '7 C' . I '...t".J -I i, /. ~ ; ,l~,: ,~ Capacity: 0 Personal Representative W--Counsel for personal representative =.- '-"::' .-\ a i', I; ., - -_.- '._---- '.j