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Home My WebLink About04-0607PETITION FOR PROBATE and GRANT OF LETTERS Estate of' R,~nn~.sH It4. ~effDrtA No. also known as ~./~/tagfd t~_AN~'ga~ To: Deceased. Social Security No. ? Register of Wills for the County of Cons ~e-~,n,,s O Commonwealth of Pennsylvania The petition of the undersigned respectfully represents that: Your petitioner(s), who is/are 18 years of age or older an the execut r in' in the last will of the above decedent, dated and codicil(s) dated in the named .... ,~ (state relevant cirotmstances, e.g. renunciation, death of executor, etc.) Decendent was domiciled at death in c.,~ ~,~t_c. ~ C~ County, Pennsylvania, with h ~ last family or principal residence at C,~o (list street, number and muncipality) then 6'~ , Decendent, .- years of age, died __.~o~a Except as follows, decedent did not marry, was not divorced and did not have a child born or adop~ after execution of the will offered for probate; was not the victim of a killing and was never adjudicated incompetent: Decendent 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: WHEREFORE, petitioner(s) respectfully presented herewith and the gram of letters theron. request(s) the probate of the last will and codicil(s) (testamentary; administration c.t.a.; administration d.b.n.c.t.a.) OATH OF' PERSONAL REPRESENTATIVE COMMONWEALTH OF PENNSYLVANIA '~ ~a COUNTY OF The petitioner(s) above-named swear(s) or aff'h-m(s) that the statements in the foregoing petition are true and correct to the best of the knowledge and belief of petitioner(s) and that as personal represen- tative(s) of the above decedent petitioner(s) will well and truly administer the estate according to law. swo or af r ed and sub ib, r before me this o~..7-,z/ , ,, day of . } ~' DECREE , Deceased OF PROBATE AND GRANT OF LETTERS AND NOW the reverse side hereof, satisfactory proof having been presented before me, IT IS DECREED that the instrument(s) dated ~ a I ~1.. ~.~L described ther_Lein~e admitted to probate and filed of record as the last will of and Letters I ¢__..~-'r ~ r~ e~-r-,o ~ c~ ,I,9'~ in consideration of the petition on FEES Probate, Letters, Etc .......... $~.~--~ Short Certificates( ) .......... $ ~EC,. · Kenunclataon ................ $ ~2, ,~/. O.e..9 $ l f'~. TOTAL ,,, ~ Filed .~g~'.~.,~,...~O~?. C?.~. ........ ATTORNEY (Sup. Ct. I.D. No.) ADDRESS PHONE certify that the information here given is correctly copied frolll an original certificate of death duly filed with me as I,:egistrar. The original certificate will be l~)rwarded to the State Vital Records Office for permanent filing. WARNING: It is illegal to duplicate this copy by photostat or photograph. Fee for this certificate, $2.00 No. Date H105 143 Rev 2187 COMMONWEALTH OF PENNSYLVANIA · DEPARTMENT OF HEALTH · VITAL RECORDS TYPE/PRINT CERTIFICATE OF DEATH IN ..AMEOFDECEDENT(Flrst, M ......... ) SEX J SOCIAL SECURITY NUMBER [ DATE OF DEATH [M Day, Yea0 ..... PERMANENT -- · ~ Ramesh M. Khona . [ . ] . StACK~NK . 2 Male 3 528 -- 80 --5290 ~ June 7, 2004 ~J AGE (Last Birthday) [ UNDER I YEAR [ UNDER 1 DAY [ DATE OF BIRTH BIRTHPLACE City add [ PLACE OF DEATH ICheck o~lv o~e - see in$lrucliq~s o~ other $idel ~ 6~.~ J MO~th$ I Days Hours MlnUes {Month. Day. Year) StateorForeignCounW/) ~O$~ITN.: OT~ER: I~!, - Y,,.I I I [ 1.4-12-1940 I. India I?""'[~( ~.~..,D oo~l--I "~"°1-1 La]· I I I I I ~' I ~. .a. o~. ' ~ ,~, ~ COUNTY OF DEATH I CITY. BORO. TWP OF DEATH I FACILITY NAME (It riot i~stilutio~l, g~ve s~eet and mJmber) IWA.~..OiF~CEDENT OF HISPANIC ORIGIN? I RACE American Indian. Black. V~te. et, El I I ~.~ Dauphi~ I~,. De~ T~. I.- M..~ Hcmhcy Medical Center I~,~ ..... P~o R... e~c I -~° Asia. ~CEDENT'S USUAL ~CUPATION KiND OF BUSINESS I INDUSTRY AS ~CEDENT EVER IH ~CE DENT'S E ~CATION MARIT~ STATUS - Mama. SURVIVING S~USE · ,.. Engineering I,,b. Engineering 1,2. /'. I I". Married [,s. Marian A. Clemeng 6410 Cannon Drive'IREs~NCE ~"t ~ Mechanicsburg, PA. 17050 I~°~ ~7~c~v Cumberland ~t~ wd.~?~i~i~o~ Mechanicsburg, PA c,,y .... ,8. Manekji Trikamji Khone ~t Purbai Khone ~0,. Marian A. khona [~. 6410 Cannon Drive Mechanicsburg, PA. 17050 ~ ~2t,.~ METHOD OF DIS~SITION~i~ ~ri~O~ (S~) ~ Cre~ ~ .... ~ State ~ ~12t~'[ DATE OF OIS~SITI~ ............ ~ P~CE OF DISPOSIT)O2,~H°°verFH&Cremat °ryInc~Pl~ ..... f C ~. Cmmalm [L~ATION -Ci~ Stam. ZipC~e21~inglest°~' ..... PA. 17112 ~ ~ SIG~U~ OF F~RAL SERVI~C~NSE[O~ A~G AS S~ LICENSE NUMBER ' ' ~ooverFH&Crematorvlnc6011Lin~lesto~RdHb~. PA17 I S~ellbally Hsl co~ib~s b ~)~ ~ '~ ~ ~ any. [ea~ to im~ia~e [ ~ ~ TO (~ AS A CON~O~NCE ~} ~~RE AUTOPSY FINDINGS I MANNER OF DEATHoFCOMPLETI~AVAI~BLEoEATH? PRIORoF CAusETO Ac~tNalur~ ~ Pen,~H°m~i~lmvestigati~~"ml30~lDATE ~ INJURY(M~m' .... Day. Ya~) TIME OF INJURYb ......... INJURY AT ~RK?Yes ~ NO ~ DESCRIBE HOW INJURY ~CURRED YeSm ..... m NOD Sui~ O C ...... . ......... P~CE OF ,NJUR ....................... I 2~b. [ 29. 30e, ]~' . CERTIFIER (Check only o~le) 'PRONOUNCING AND CERTIFYING PHYSICIAN (Phy$ici&n bOlh p(ooouncing de'ih and cea/fyirKj to cause of death) To the best of my knowledge, death occurred at the time, date, and place, and due to the cauaes($) and manner al slated ...................... [] *MEDICAL EXAMINER/CORONER On the basis of examlnaSon and/or investigation, In my opinion, death occurred at the time. date. and place, and due to the causes(s) and SIGNATURE AND__TITLE OF CE_ R/IFIER = c; . -- NAME AND ADDRESS OF PERSON WHO COMPLETED CAUSE OF OEAT H (Item 27) Type er Plinl M. S. Hershey Medical Center Hershey, PA 17033 DATE FILED (Mo,nth, Day, Year) ,, L.,.. 112 "U (J) ." o 3 w Q) ~ -,J ~ D D .J:" ." (I) 0- 2 III -< I\) o ~ c o 3 CD !!l- 0- :0 !2. ~ :;, :0 CD o CD ~ o '" c.n ~ 6 '" ~ c.n -I' o '" 1:;-1 W Ln D D D D W ..,J ru [):I [):I IT' ru Ln 1:;-1 ~ :D CD !!l- ::L o [ C !!!. ~. ~ i g~i i j:J 3 I W~ ~ =.'-.. "9- Q' o s: ~ ~ C/l ;;r III :;, C. en CD c - ~ - 3: 0"\ 7': t:J~::r:: (jf--'O ~~~ 8~~ Cf)Z~ tdOH c:z~ ~ Z wtJ ;.u~ 'dH ~<: [rj ;..-' -.1 o UI o ~ . ::;;0" -<Co m CD sn~ ~ ~ ~ ~ g.~ ~lil ~ 9: ~i c. :;, (j! ... III a- CT 3 ~(jj ~ 3 ::; ;-'" . . ?r Q ~~ ~1t~ ~ g~:T;a33 )> _::T a "< ~"2. 2: ffi:T~ g::;;~ (j! =t1ir(l)~~~. III g22111~lD CD _.... ~ 3 :3. 3 C. ::;;0..... (I) UCIl ~ .gp)2-~~~ ~:T3a.o.!'> (I)(I)_~S2.111 ~ gffi~~'a 3~2lJl-<~ ft8,a..~ 1ii'~ . :TO~g.~ (I) "< ::T!1!. 0 3o(l)mo ~. != m P-.g -g: ~ CD (I) Cil - j;l (I) (I) !=' !II >< :D 1Il CD <- CD c. 0" '< -... " 5" m- et ~ .@.. DO t~ 9 o ~ CD !a. o !!!. ~- -< Will of Ramesh M. Khona I, Ramesh M. Khona, also known as Ramesh Manekji Khona, a resident of Cumberland County, Pennsylvania, revoke any prior wills and codicils made by me and declare this to be my Will. Article One Family Information I am married to Marian A. Khona. We were married on December 18, 1970. I have three children. Their names and dates of birth are: Kishan Ramesh Khona, born on January 21, 1976; Kristina Ramesh Khona, bom on February 6, 1974; and Kevin Ramesh Khona, bom on March 8, 1985 All references in my will to "my children" are references to these children. Article Two Distribution of My Property Section 2.01 Disposition of Tangible Personal Property I direct that my personal representative shall distribute my tangible personal possessions according to a separate "Personal Property Memorandum" or other similar writing, which shall be signed by me and kept with my Estate Planning Portfolio. It is my intent that such writing qualifies to distribute my tangible personal possessions under applicable state law. If such writing is not found at the time of my death, or ruled an improper disposition, this bequest shall lapse and my tangible personal possessions shall become part of my living trust. If any items of tangible personal property I happen to own are not Will ofRamesh M. Khona Page 1 of 10 ~ ~ mentioned in such list, such items shall become part of my living trust. If any such girl shall lapse, then such items shall become part of my living trust. Section 2.02 Pour-Over to My Living Trust All of my probate estate, excluding any property over which I might have a power of appointment, and after payment of expenses and taxes which are paid pursuant to this will, I give to the Trustee of the Ramesh M. Khona Living Trust dated May 12, 2004, and executed prior to this will, to be added to the property of that trust and direct that the Trustee administer the property as provided in the trust agreement and any amendments prior to my death. Section 2.03 Establish and Fund Testamentary Trusts I authorize my personal representative to establish, with the assets of my probate estate, if any, or with any property distributed to my personal representative from my Trustee, testamentary trusts for the benefit of my beneficiaries under the same terms and conditions of my revocable living trust as it exists at the date of my death. I appoint the Trustee and successor Trustees named in my revocable living trust as the Trustee and successor Trustee of my testamentary trusts. The Trustee of my testamentary trusts shall have all the administrative and investment powers given to my Trustee in my revocable living trust and any other powers granted by law. My Trustee is under no obligation to distribute property directly to my personal representative, but rather may distribute such property directly to the Trustee of the testamentary trusts. Any property distributed to my testamentary trusts by the Trustee of my revocable living trust shall be distributed by the Trustee of my testamentary trusts in accordance with the terms and conditions of my revocable living trust as it exists on the date of my death. Section 2.04 Alternate Disposition If the trust referred to in Section 2.02 is not in effect at my death or if for any other reason the pour-over cannot be accomplished, I specifically and completely incorporate the terms of the trust into this will by reference. In such a situation, I direct my personal representative to establish a trust in accordance with the provisions of such trust and give the remainder of my estate, excluding any property over which I might have a power of appointment, to the Trustee of said trust to be administered as provided in the trust agreement. (~/ Will ofRamesh M. Khona _ Page2 oflO q>~ ~ Article Three Designation and Succession of Fiduciaries Section 3.01 Personal Representative I nominate Marian A. Khona as my personal representative. If Marian A. Khona fails or ceases to act as my personal representative, I nominate the following as my successor personal representatives in the order named: Kishan Ramesh Khona; and then Kristina Ramesh Khona Article Four Powers of Fiduciaries Section 4.01 Grant My personal representative may perform every act reasonably necessary to administer my estate and any trust established under my will. Specifically, my personal representative may exercise the following powers: hold, retain, invest, reinvest, sell, and manage real or personal property, including interests in any form of business entity including, but not limited to, limited partnerships and limited liability companies, and policies of life, health and disability insurance, without diversification as to kind, amount or risk of non-productivity and without limitation by statute or rule of law. My personal representative may partition, sell, exchange, grant, convey, deliver, assign, transfer, lease, option, mortgage, pledge, abandon, borrow, loan and contract. My personal representative may distribute the assets of my estate in cash or k~nd or partly in each at fair market value on the date of distribution, without requiring pro rata distribution of specific assets and without requiring pro rata allocation of the tax bases of such assets. My personal representative may hold in nominee form, continue businesses, carry out agreements, deal with itself, other fiduciaries and business organizations in which my personal representative may have an interest. It may establish reserves, release powers, and abandon, settle or contest claims. It may employ attorneys, accountants, custodians of the trust assets, and other agents or assistants as deemed advisable to act with or without discretionary powers and compensate them and pay their expenses from income or principal or both. Will ofRamesh M. Khona Page 3 ofl0 ~ ~ Section 4.02 Powers Granted by State Law In addition to all of the above powers, my personal representative may exercise all powers granted under applicable state law, as amended a~er the date of my will. I incorporate such Act as it exists today by reference and make it a part of my will. Section 4.03 Distribution Alternatives My personal representative may make any payments under my will: Directly to the beneficiary; In any form allowed by applicable state law for gifts or transfers to minors or persons under disability; To the beneficiary's guardian, conservator, or caregiver for the benefit of the beneficiary; or By direct payment of the beneficiary's expenses. A receipt by the recipient for any such distribution, if such distribution is made in a manner consistent with the proper exercise of my fiduciaries' duties hereunder, shall fully discharge my fiduciaries. Article Five Administrative Provisions Section 5.01 Court Proceedings If any trust is established under my will that trust shall be administered in a timely and efficient manner consistent wi_th its terms, free of active judicial Jnte~ention and without order, approval or other action by any court. It shall be subject only to the jurisdiction of a court being invoked by the trustees or other interested parties or as otherwise provided by law. Section 5.02 No Bond I direct that no fiduciary shall be required to give any bond in any jurisdiction, and if, notwithstanding this direction, any bond is required by any law, statute, or rule of court, no sureties be required. Will ofRamesh M. Khona Page4 ofl0 ~ ~ Section 5.03 Compensation Any fiduciary under this instrument shall be entitled to reasonable compensation commensurate with services actually performed and to be reimbursed for expenses properly incurred. Section 5.04 Ancillary Fiduciary In the event ancillary administration shall be required or desired and my domiciliary personal representative is unable or unwilling to act as an ancillary fiduciary, my domiciliary personal representative shall have the power to designate, compensate, and remove the ancillary fiduciary. The ancillary fiduciary may either be a natural person or a corporation. My domiciliary personal representative may delegate to such ancillary fiduciary such powers granted to my original personal representative as my personal representative may deem proper, including the right to serve without bond or surety on bond. The net proceeds of the ancillary estate shall be paid over to the domiciliary personal representative. Article Six Tax Provisions Section 6.01 Death Taxes and Payment of Expenses The trustee of the trust referred to in this will is authorized to pay my funeral and burial expenses, claims against my estate, and expenses of estate administration. Accordingly, I direct my personal representative to consult with the trustee to determine the preferable source for payment of such amounts and which, if any, should be requested from the trust. I direct my personal representative to follow any instructions contained in the Ramesh M. Khona Living Trust in making an)' tax election, including, bat not limited to, the allocation of'my GST Exemption. I direct that the taxes imposed by reason of my death upon property passing under and outside my will be apportioned and paid in the manner provided in the Ramesh M. Khona Living Trust, and I incorporate the tax apportionment provisions of the Ramesh M. Khona Living Trust as part of my will. In no event shall any of such taxes be allocated to or paid from property which is not included in my gross estate for federal estate tax purposes or which qualifies for the federal estate tax marital or charitable deductions. Will of Ramesh M. Khona Page 5 of 10 ~ ~ Uit' Section 6.02 Tax and Administrative Elections My personal representative may exercise any available elections under any applicable income, inheritance, estate, succession, or gift tax law. This authority specifically includes the power to select any alternate valuation date for death tax purposes and the power to determine whether any or all of the administration expenses of my estate are to be used as estate tax deductions or as income tax deductions, and no compensating adjustments need be made between income and principal as a result of such determinations unless my personal representative shall determine otherwise, in the discretion of my personal representative, or unless required by law. My personal representative, in its sole and absolute discretion, may elect to have all, none, or part of thc property comprising my estate for federal estate tax purposes qualify for the federal estate tax marital deduction as qualified terminable interest property under Section 2056(B)(7) of the Internal Revenue Code (the "QTtP Election"). However, such taxes shall not be apportioned to any property included in my gross estate under Section 2044 of the Internal Revenue Code, to the extent my Trustee or my personal representative waives any right of recovery granted by Section 2207A and corresponding provisions of applicable state law. My personal representative shall not be liable to any beneficiary of my estate for tax consequences occasioned by reason of the exercise or non-exercise of any such elections or by reason of the allocation and distribution of property in kind in full or partial satisfaction of any beneficiary's interest in my estate. Article Seven General Provisions Section 7.01 Applicable Law The validity and construction of my will shall be determined by the laws of Pennsylvania. Section 7.02 No Contract to Make Will I have not entered into any contract, actual or implied, to make a will. Will of Ramesh M. Khona Page 6 of 10 ~ ~ Section 7.03 Contest Provision If any beneficiary of this will or any trust created under this will, alone or in conjunction with any other person undertakes or participates in any one or more of the actions listed below, then the right of such beneficiary to take any interest given to such beneficiary under this will or any trust created pursuant to this will shall be determined as it would have been determined had such beneficiary predeceased me without surviving descendants. Contests by a claim of undue influence, fraud, menace, duress or lack of testamentary capacity, or otherwise objects in any court to the validity of (a) this Will, (b) any trust created under the terms of this Will, (c) any other trust created by me, and any trusts created under those agreements, or (d) any beneficiary designation of an annuity, retirement plan, IRA, Keogh, pension or profit sharing plan or insurance policy signed by or created by me, (collectively referred to hereafter in this Section as "Document" or "Documents") or any amendments or codicils to any Document; Seeks to obtain an adjudication in any court proceeding that a Document or any of its provisions is void, or otherwise seeks to void, nullify or set aside a Document or any of its provisions; Files suit on a creditor's claim filed in a probate of my estate, against my trust estate, or any other Document, after rejection or lack of action by the respective fiduciary; Files a petition or other pleading to change the character (community, separate, joint tenancy, partnership, domestic partnership, real or personal, tangible or intangible) of property already so characterized by a Document; Claims ownership in a court proceeding to any asset held by me in joint tenancy, other than as a surviving joint tenant; Files a petition for probate homestead in a probate proceeding of my estate without the prior written consent of the personal representative designated in this Will; Files a petition for family allowance in a probate of my estate without the prior written consent of the personal representative designated in this Will; Files a petition to impose a constructive trust or resulting trust on any assets of my estate, if any; or Will ofRamesh M. Khona Page 7 of 10 Participates in any of the above actions in a manner adverse to my estate, such as conspiring with or assisting any person who takes any of the above actions. My personal representative is hereby authorized to defend, at the expense of my estate, any violation of this paragraph. A "contest" shall include any action described above in an arbitration proceeding and shall not include any action described above solely in a mediation not preceded by a filing of a contest with a court, notwithstanding the foregoing. This Section shall not apply so as to cause a forfeiture of any distribution otherwise qualifying for the federal estate tax charitable or marital deduction. Section 7.04 Construction Unless the context requires otherwise, words denoting the singular may be construed as denoting the plural. Words of the plural may be construed as denoting the singular. Words of one gender may be construed as denoting another gender, if appropriate. Section 7.05 Headings and Titles The headings and paragraph titles are for reference only. Section 7.06 Internal Revenue Code, IRC or Code References to the Internal Revenue Code, the IRC or the Code shall refer to the Internal Revenue Code of the United States. References to specific sections of the Code shall be to any sections of like or similar import that replace the specific sections as a result of changes to the Internal Revenue Code made after the date of my will. Section 7.07 Other Definitions Except as otherwise provided in my will, terms shall be as defined under Pennsylvania law as amended after the date of my will and after my death. Section 7.08 Survivorship For purposes of this will, if I in fact survive my wife by any period of time or if the order of our deaths is not known, then I shall be deemed to have survived my wife. Any other ___..._, Will ofRamesh M. Khona Page 8 of 10 ~ ~ beneficiary shall be deemed to have predeceased me if such beneficiary dies within 90 days after the date of my death. Section 7.09 Severability If any part of this instrument shall be adjudicated to be void or invalid, the remaining provisions not specifically so adjudicated shall remain in full force and effect. I, Ramesh M. Khona, sign my name to this instrument consisting of 10 pages on May 12, 2004, and being first duly sworn, do hereby declare to the undersigned authority that I sign and execute this instrument as my will, that I sign it willingly, that I execute it as my free and voluntary act for the purposes therein expressed, and that I am eighteen years of age or older, of sound mind, and under no constraint or undue influence. Ramesh M. Khona, Testator The Testator signed, sealed and declared this as his Will in our presence on the date shown above. At the request of the Testator, we have both signed our names as witnesses. All of this occurred at the same time and we and Testator were present together throughout. I~Vi~ginia~flanor Terrace ~tefan C.//Nicholhs, Witness 1412 14th Street, N.W., Suite 200 Washington, D.C. 20005 Will ofRamesh M. Khona Page 9 of 10 COMMONWEALTH OF V1RGINIA ) ) CITY OF ALEXANDRIA ) SS. Before me, the undersigned authority, on this date personally appeared Ramesh M. Khona, John Ryan Forbrich and Stefan C. Nicholas, known to me to be the Testator and witnesses, respectively, whose names are signed to the attached instrument; and, all of these persons being by me first duly sworn, Ramesh M. Khona, the Testator, declared to me and to the witnesses in my presence that said instrument is his will and that he had willingly signed and executed it in the presence of said witnesses as his free and voluntary act for the purposes therein expressed, and said witnesses stated before me that the foregoing Will was executed and acknowledged by the Testator as his Will in the presence of said witnesses who, in his presence, and at his request, and in the presence of each other did subscribe their names thereto as attesting witnesses on the day of the date of said Will, and that the Testator, at the time of the execution of said Will, was over the age of eighteen years and of sound and disposing mind and memory. Ramesh M. Khona Stefan C. qNicholas, Witness Subscribed, sworn and acknowledged before me by Ramesh M. Khona, the Testator; scribed and sworn before me by John Ryan Forbrich av.d Stefan C. Nicholas, ~esses, on May 12, 2004. ~c o mmiE'~s si~M~Pe~b~il~ 2005 Will of Ramesh M. Khona Page 10 of 10 ~ ~ Cumberland County - Register Of Wills Hanover and High Street Carlisle, PA 17013 Phone: (717)240-6345 Date: 10/05/2004 KHONA MARIAN A 6410 CAiqNON DRIVE MECHANICSBURG, PA 17050 RE: Estate of KHONA R3tMESH M File Number: 2004-00607 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 10/09/2004 Your prompt attention to this matter will be appreciated. Thank You. CC: File Counsel Judge Sincerely, Name of Decedent: Date of Death: -~cc,e,~ ~fiI1 No. 2- O o To the Register: CERTI~I~'iCATION OF NOTICE UNDER RULE 5.6(a) .~.¼ on~ ~ '-~ a_r~ e~, h ['fi., Admin. No. I certify that notice of 0~ene, fidal interest) estate administration requh'ed by Rule 5.6(a) of the Orphans' Court Rules was served on or mailed to the following beneficiaries of the above-captioned estate on ~.) 9- ~ - 2 q, ~. O O ~ : Name Address Notice has now been given to all persons entitled thereto under Rule 5.6(a) except Signature Name Address Telephone C}I"/) ~ ~,o & - 2 Capacity: I~Personai Representative Counsel for personal representative COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF REVENUE BUREAU OF INDIVIDUAL TAXES DEPARTMENT 280601 HARRISBURG, PA 17128-0601 Telephone August 24, 2005 717-783-6893 Marian A. Khona 6410 Cannon Dr. Mechanicsburg, Pa. 17050 Re: Estate of Ramesh H. Khona File Number 2104-0607 Dear Ms. Khona: This is in response to your letter of August 18, 2005, concerning the Inheritance Tax return due in regards to the above referenced estate. Since it is apparent that you will be unable to file a tax return in the near future, the estate record will be placed in an informal hold status for an additional period of six (6) months so that the Department will initiate no enforcement activity. At the end of that period we would ask that you contact us to provide an updated status for our file. Thank you for your cooperation and if I may be of any further assistance, please feel free to contact this office. LL (~)~/ U~ C5 cr: s-::- Lc_ L-J c. C.)' L'.' Ci 0:: C) CJ .ji! '0 N urel Fulmer Inheritance Tax Division Bureau of Individual Taxes E-Maillfulmer@state.pa.us CL o i.-r-) C \) -~ ~ L'"O C~ = <'-J C) ~~ Cumberland County - Register Of Wills One Courthouse Square Carlisle, PA 17013 Phone: (717) 240-6345 Date: 4/25/2006 KHONA MARIAN A 6410 CANNON DRIVE MECHANICSBURG, PA 17050 RE: Estate of KHONA RAMESH M File Number: 2004-00607 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: 6/07/2006 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 - ~ o ~ G.., ~J roJ' '..... uJ:l <J~:O ~ ;J'; uJ';) (/) ~. ;iti.: r- r-'1-' 3i 0..- ~ '4. in <3 t:: z ? -- cj ~ o e.) -if) ~ .g. o 4-< o ;,t. ';:) ll) ~U-O~ ~-o g &cn ~~~r:/).'O ~ ll) ll) r- :p~-%~,.-\ r:/). ~ ~ 0 ..1. ~ t. ~ '€ ~~ ~._;o 0 6 ~ ~'c)Z:-e.)~ atv;~ll)~ ~ 'on ~ ~ e.) 'CSll)Oo "'-,;Je.) C).~j C-...<; .) \) \0, -9 \ -\ \ ~" ..-::: -'::: =~. ." ,~ ~ ::.:::. ~"";"" -... ::~~. ,., :;:::,; ..' :;.:::. :'::::%.: ..' :::;: -... .... ..' ~ ......... -- ------ -- ~~._- In Re: Estate of KRONA RAMESH M ORPHANS' COURT DIVISION COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA NO. 2004-00607 NOTICE OF FAILURE TO FILE STATUS REPORT Personal Representative: KRONA MARIAN A Counsel for Personal Representative: Date of Decedent's Death: 6/7/2004 The Orphans' Court record indicates that neither the above named personal representative nor the above named counsel for the personal representative have filed with the Register of Wills or Clerk of the Orphans' Court his, her or its Status Report required by Rule 6.12, Supreme Court Orphans' Court Rule and that the requisite notice, pursuant to Rule 6.12, Supreme Court Orphans' Court Rules, is hereby given by that the you have ten (10) day to file the Status Report. If the required 6.12 form is not filed in accordance with Rule 6.12 the Court will be notified of such delinquency and the undersigned will requests that a Court conduct a hearing to determine whether sanctions should be imposed upon the delinquent personal representative or counsel for the delinquent personal representative. Date: 7/10/2006 ~~~ Glenda Farner Strasbaugh Clerk of the Orphans' Court co co ru C"- fT1 CJ entative &./2 I 0 d(t y Postm{;rk Here G Cumberland County - Register Of Wills One Courthouse Square Carlisle, PA 17013 Phone: (717) 240-6345 Date: 5/22/2007 . . .- .' 0) \"0 KRONA MARIAN A .,...... 6410 CANNON DRIVE MECHANICSBURG, PA 17050 C", RE: Estate of KRONA RAMESH M File Number: 2004-00607 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: 6/07/2007 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. s;;;;:~~ . ,--" Glenda Farner Strasbaugh Clerk of the Orphans' Court cc: File Counsel In Re: Estate of KHONA RAMESH M ORPHANS' COURT DIVISION COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA NO. 2004~00607 NOTICE OF FAILURE TO FILE STATUS REPORT Personal Representative: KHONA MARIAN A Counsel for Personal Representative: Date of Decedent's Death: 6/712004 The Orphans' Court record indicates that neither the above named personal representative nor the above named counsel for the personal representative have filed with the Register of Wills or Clerk ofthe Orphans' Court his, her or its Status Report required by Rule 6.12, Supreme Court Orphans' Court Rule and that the requisite notice, pursuant to Rule 6.12, Supreme Court Orphans' Court Rules, is hereby given by that the you have ten (10) day to file the Status Report. If the required 6.12 form is not filed in accordance with Rule 6.12 the Court will be notified of such delinquency and the undersigned will requests that a Court conduct a hearing to determine whether sanctions should be imposed upon the delinquent personal representative or counsel for the delinquent personal representative. ~ ' , ,', . ;j ,~l~~ '"..1 Date: 7/3/2007 Glenda Farner Strasbaugh Clerk of the Orphans' Court Distribution: Personal Representative Counsel for Personal Representative Estate File . ....~ ,,,,,,\ II ',rv\ .. '. I..} '''/ ,I ", ,'/1 I ":10 J.l~ ''-',' , ", "\:'-"""'1'" ';:::' '..- j ..- ~ I 1-'-./. I ' > I '''''''J - ! '"", I -J --.I ).....-.1 10 : I .,4d s- lnr LDOl r'~ ,) I '-'''',. . f' Jlj._l(' (-:-ir'i'>-i'~'r""\.'" ::,;",~~'l-.i-,',J \-.:j:J~JL)\...J~:tJ jUN 212007 IN RE: ESTATE OF KRONA RAMESH M ORPHANS' COURT DIVISION COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA NO. 2004-00607 NOTICE OF FAILURE TO FILE STATUS REPORT AND REQUEST TO CONDUCT A HEARING PURSUANT TO RULE 6.12, SUPREME COURT ORPHANS' COURT RULE Personal Representative: KRONA MARIAN A Counsel for Personal Representative: Date of Decedent's Death: 6/7/2004 Date of Delinquency Notice: The undersigned, Glenda Farner-Strasbaugh, Clerk of Orphans' Court, in accordance with Rule 6.12, Supreme Court Orphans' Court Rules, hereby notifies the Orphans' Court Division, Court of Common Pleas of Cumberland County, that neither the above named personal representative nor the above named counsel for the personal representative have filed with the Register of Wills or Clerk of the Orphans' Court his, her or its Status Report required by Rule 6.12, Supreme Court Orphans' Court Rule and that the requisite notice, pursuant to Rule 6.12, Supreme Court Orphans' Court Rules was given on the above date and that the ten (10) day notice to file the Status Report has expired. Accordingly, in accordance with Rule 6.12 the Court is hereby notified of such delinquency and the undersigned requests that a Court conduct a hearing to determine whether sanctions should be imposed upon the delinquent personal representative or counsel for the delinquent personal representative. Date: 6/26/2007 X{Z1Z~~J~ '~l; () , ":;,) , -~C) '>r- I-~, -~~.~ g ,./).:,:-;, Glenda Farner Strasbaugh Clerk of the Orphans' Court Distribution: Personal Representative Counsel for Personal Representative Estate File "'cjq c.~~ ::c ::; --I J:~ A hearing is scheduled October 1. 2007 at HAM in Courtroom No.2. If the Status Report is filed prior to t~" eh' te, the hearing will automatically be cancelled. . J~ r~, . ,;/ J \ ' /, \ , '-~-- ~ ~,.~ Edgar B. Bay ey,1. .., W\ · . I'-J C-::;:) = -.I <- ,- ,':::.: I W ,-;:-J !~""'I C',) ':.-~) , '.~~ ,--.....i -.J ,-'n C"J c) 1-;-1 T1 (:::.:::.) , _, 111 :,') ~~ )::00 ~-j,," ~ o .. .. Pa. O.C. Rule 6,12 STATUS REPORT REGISTER OF WILLS OF CfJM4r:1lL.A-HD COu"NTY, PEN"NSYL VANIA Name of Decedent: (lJrH n If M. ;( J+IJ '" A- Date of Death: 6{' /'" /),..0. " . , File Number: 2-0 I> Y - I) I> 'lJ 7 Pursuant to Pa. O.c. Rule 6.12, 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: . . . . . . . . . . . . . . . . . . ., DYe~ ~o 2. If the answeris No, state when the personal representative reasonably believes that the ad1ninistration will be complete: ~,~";'9o d..-,J (/0 /1rj.? ) p..,b;,...J/ r-'f. .,;, J I:u. "'/...:, IJA J;,t..-./..... -n... /l.Jh.... -;.. I-"..J.~ .J..-i 1'-; 3. lfthe answer to No.1 is YES, state the following:' a. Did the personal representative file a finaI'account with the Court? . . . .., DYes DNo (") ~o '-.. ::0 ..., -0 ~'S:r: ("') .." d;: F;; .,.~::o ,':"_Q~~ :-:;00 c. Did the personal representative state an account d 2 T1 informally to the parties in interest? ............................ '. . .:-a es . >> b. The separate Orphans' Court No. (if any) for the personal representative's account is: r-..J = = -- c- c: r- -0 ::J: --' '!!l No c...> . .r:- d. Copies of receipts, releases, joinders and approvals of formal or'informal accounts may be filed with the Clerk of the Orphans' Court and may be attached to this report. Dnte D 7/" /".".., << ~~r~ r .~~~Z Signature of Person Filing this Form fir ctP ~ '" Capacity: DPersonal Representative D Counsel J- C1J. .I r. t'l..1 t.4t IrJ'\ a:::- Name of Person Filing this Form Lj {,- ~4AtJ ~~ ,.Jc-.rJ, rC-, .... .t. __ ~ IUU.....J-~ tt.... Aa'd,'ess )...,.. ~fTIn'&'" /J,';Jj srr I" f':'" ,...J ry ,...I...J..J...:... . z::.. t...-.. ........ Y (J It. Ky -1',4. I? V. \..- "'~c...J ~~..;." w-;k.~ v.. 7/7-7f7-~''i<; ;t....... ~~ 4+..,~ .- r/1... ,-.rl..../ ,....,,;.e~ /1 ~ """/'Z'& J- -If,..;", -t;... . ria. ~.J..,J J-y"'~-':-' /J .:.. ""- ,.... c.., -,J 0' ~ .A-.. ...:.., ..".,t c",...1 J _h _.~JJ.;,+ .~,,:.., A '1.-, ~ PA- I:-L-. ~'-- r..... J.-&.p...4 f'- J f-,-J, ,-;;.";i; ,"" /','- C "e'; D. ::..uc- ~ c.- cI. '1 -jk. "-.~ I- fI-'I- ~" ~ /.A.. rk a..4. - j .J.,... f, ~ d/- {1..j .t.--I M.. , ~ . In Re: Estate of KHONA RAMESH M ORPHANS' COURT DIVISION COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA NO. 2004-00607 NOTICE OF FAILURE TO FILE STATUS REPORT Personal Representative: KHONA MARIAN A Counsel for Personal Representative: Date of Decedent's Death: 617/2004 The Orphans' Court record indicates that neither the above named personal representative nor the above named counsel for the personal representative have filed with the Register of Wills or Clerk of the Orphans' Court his, her or its Status Report required by Rule 6.12, Supreme Court Orphans' Court Rule and that the requisite notice, pursuant to Rule 6.12, Supreme Court Orphans' Court Rules, is hereby given by that the you have ten (10) day to file the Status Report. If the required 6.12 form is not filed in accordance with Rule 6.12 the Court will be notified of such delinquency and the undersigned will requests that a Court conduct a hearing to determine whether sanctions should be imposed upon the delinquent personal representative or counsel for the delinquent personal representative. ~~~ .J Date: 7/3/2007 Glenda Farner Strasbaugh Clerk of the Orphans' Court Distribution: Personal Representative Counsel for Personal Representative Estate File 4{ .f ;(,3 y"{i) , ':;=,= ( o o <.0 ~ o .. ~I"t l o .3 o ::r o I - .....-.d, ",:~ ' C,\ u Cl.. rJ) rJ) Q) .c O'l Q) t- :J ~co ro "'Cro("f) .0 C:J ("f) 00 roO-I ~ ""C.CJ)("f) +-' Q) T""" CJ)!E..o~o ~==E:Jt- ~S:JoT""" ~_U.c<( roO_to.. u...~O:J ~ ro 2 >.uo Q) "'Coo+-' 00 c.- C .- Q)O'l:JQ)""C. _Q)ocro CJD:::UOU ~ CJ ...- .::: 'J' ~ N VJ ' N . 0 ""2.,. '" "- > ~ ~ lV :J 'c o '" co > c >- . if. ~ C ';;; c ro ::.J u.J "- :::: .:i o . ~ 0 N >- ..:J 15056041181 REV -1500 EX (06-05) OFFICIAL USE ONLY County Code Year INHERITANCE TAX RETURN 1{ /\, I RESIDENT DECEDENT d l.Jf PA Department of Revenue Bureau of Individual Taxes PO BOX 280601 Harrisburg, PA 17128-0601 ENTER DECEDENT INFORMATION BELOW Social Security Number Date of Death File Number Ct007 Date of Birth 528-80-5290 06072004 05121940 Decedent's Last Name Suffix Decedent's First Name MI Khona Ramesh M (If Applicable) Enter Surviving Spouse's Information Below Spouse's Last Name Suffix Spouse's First Name MI Khona Marian A Spouse's Social Security Number 549-68-5153 THIS RETURN MUST BE FILED IN DUPLICATE WITH THE REGISTER OF WILLS FILL IN APPROPRIATE OVALS BELOW Q[) 1. Original Return 0 o 4. Limited Estate 0 2. Supplemental Return o o 3. Remainder Return (date of death prior to 12-13-82) 5. Federal Estate Tax Return Required Q[) 6. Decedent Died Testate CJ[) (Attach Copy of Will) o 9. Litigation Proceeds Received 0 4a. Future Interest Compromise (date of death after 12-12-82) 7. Decedent Maintained a Living Trust (Attach Copy of Trust) 10. Spousal Poverty Credit (date of death between 12-31-91 and 1-1-95) 8. Total Number of Safe Deposit Boxes o 11. Election to tax under Sec. 9113(A) (Attach Sch. 0) CORRESPONDENT - THIS SECTION MUST BE COMPLETED. ALL CORRESPONDENCE AND CONFIDENTIAL TAX INFORMATION SHOULD BE DIRECTED TO: Name Daytime Telephone Number Fred E. Kilgore, Esquire Firm Name (If Applicable) 717-757-6315 REGISTER OF WILLS uSE ONLY .1 First line of address 2550 Kingston Road Second line of address City or Post Office State ZIP Code DATE FILED York PA 17402 I'..] Correspondent s e-mail address:fkilgore@comcast.net Under penalties of perjury, I declare that I have examined this return, including accompanying schedules and statements, and to the best of my knowledge and belief, it is true, correct and complete. Declaration of preparer other than the personal representative is based on all information of which preparer has any knowledge DATE 09/21/2007 SIGNATURE OF PERSON RESPONSIBLE FOR FILING RETURN .~~ A KhY\.(t.-- ADDR S Lol..\'U) 8"..)1'\ OVlD1., me...cJ\CLn LC:-~.b,-,,-,)~ ' SIGNATURE OF PREPARER OTHER THAN REPRESENTATIVE . t..- 4' L. u:..L u:z::. c- p A ADDRESS Stambaugh Ness, PC, DA l7050 DATE 09/20/2007 2600 Eastern Blvd, York, PA 17402 PLEASE USE ORIGINAL FORM ONLY Side 1 L 15056041181 15056041181 --.J \~F cj ~~ P\o"\o'O 0 n 1 92 -.J 15056042182 REV-1500 EX Decedent's Name: Ramesh M Khona RECAPITULATION 1. Real estate (Schedule A). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 1. 2. Stocks and Bonds (Schedule B) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 2. 3. Closely Held Corporation, Partnership or Sole-Proprietorship (Schedule C) . . . .. 3. 4. Mortgages & Notes Receivable (Schedule D) . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 4. 5. Cash, Bank Deposits & Miscellaneous Personal Property (Schedule E) . . . . . . .. 5. 6. Jointly Owned Property (Schedule F) DSeparate Billing Requested. . . . . .. 6. 7. Inter-Vivos Transfers & Miscellaneous Non-Probate Property (Schedule G) DSeparate Billing Requested. . . . . . .. 7. 8. Total Gross Assets (total Lines 1-7). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 8. 9. Funeral Expenses & Administrative Costs (Schedule H). . . . . . . . . . . . . . . . . . . .. 9. 10. Debts of Decedent, Mortgage Liabilities, & Liens (Schedule I) . . . . . . . . . . . . . . . . 10. 11. Total Deductions (total Lines 9 & 10). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11. 12. Net Value of Estate (Line 8 minus Line 11) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12. 13. Charitable and Governmental Bequests/See 9113 Trusts for which an election to tax has not been made (Schedule J) . . . . . . . . . . . . . . . . . . . . . . . . 13. 14. Net Value Subject to Tax (Line 12 minus Line 13) . . . . . . . . . . . . . . . . . . . . . . . . 14. TAX COMPUTATION - SEE INSTRUCTIONS FOR APPLICABLE RATES 15. Amount of Line 14 taxable at the spousal tax rate, or transfers under Sec. 9116 (a)(1.2) X .0_ 16. Amount of Line 14 taxable at lineal rate X.O 45 96 , 774 17. Amount of Line 14 taxable at sibling rate X .12 15 , 382 18. Amount of Line 14 taxable at collateral rate X .15 10 , 255 15. 16. 17. 18. 19. TAX DUE. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19. 20. FILL IN THE OVAL IF YOU ARE REQUESTING A REFUND OF AN OVERPAYMENT Side 2 L 15056042182 WI\4 T f-lAOJOSI)02 Decedent's Social Security Number 528-80-5290 0.00 0.00 629,130.00 0.00 5,200.00 0.00 0.00 634,330.00 19,268.00 103,143.16 122,411.16 511,918.84 389,508.84 122,410.00 0.00 4,354.83 1,845.84 1,538.25 7,738.92 o 15056042182 -.J REV-1500 EX Page 3 Decedent's Complete Address: FileNumber 2004-00607 DECEDENT'S NAME Ramesh M Khona STREET ADDRESS 6410 Cannon Drive CITY I STATE I ZIP Mechanicsburg PA 17050-1907 Tax Payments and Credits: 1. Tax Due (Page 2 Line 19) (1) 2. Credits/Payments A. Spousal Poverty Credit 8. Prior Payments C. Discount 7,738.92 Total Credits (A + 8 + C) (2) 0.00 3. Interest/Penalty if applicable D. Interest E. Penalty 1,318.65 4. Total Interest/Penalty ( D + E) If Line 2 is greater than Line 1 + Line 3, enter the difference. This is the OVERPAYMENT. Fill in oval on Page 2, Line 20 to request a refund. (3) (4) (S) (SA) (S8) 1,318.65 0.00 9,057.57 S. If Line 1 + Line 3 is greater than Line 2, enter the difference. This is the TAX DUE. A. Enter the interest on the tax due. 8. Enter the total of Line S + SA. This is the BALANCE DUE. 9,057.57 Make Check Payable to: REGISTER OF WILLS, AGENT PLEASE ANSWER THE FOllOWING QUESTIONS BY PLACING AN "X" IN THE APPROPRIATE BLOCKS 1. Did decedent make a transfer and: Yes No a. retain the use or income of the property transferred;.......................................................................... ...... [Xl D b. retain the right to designate who shall use the property transferred or its income;............................................ [Xl D c. retain a reversionary interest; or............. ....................................... .............. .................. [Xl D d. receive the promise for life of either payments, benefits or care? ............................................................... [Xl D 2. If death occurred after December 12, 1982, did decedent transfer property within one year of death without receiving adequate consideration? .............................................................................................................. D [Xl 3. Did decedent own an 'in trust for" or payable upon death bank account or security at his or her death?.............. D [Xl 4. Did decedent own an Individual Retirement Account, annuity, or other non-probate property which contains a beneficiary designation? ........................................................................................................................ [Xl D IF THE ANSWER TO ANY OF THE ABOVE QUESTIONS IS YES, YOU MUST COMPLETE SCHEDULE G AND FILE IT AS PART OF THE RETURN. For dates of death on or after July 1, 1994 and before January 1, 1995, the tax rate imposed on the net value of transfers to or for the use of the surviving spouse is three (3) percent [72 ps. 99116 (a) (1.1) (i)). For dates of death on or after January 1, 1995, the tax rate imposed on the net value of transfers to or for the use of the surviving spouse is zero (0) percent [72 P.S. 99116 (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 filing a tax return are still applicable even if the surviving spouse is the only beneficiary. For dates of death on or after July 1, 2000: The tax rate imposed on the net value of transfers from a deceased child twenty-one years of age or younger at death to or for the use of a natural parent, an adoptive parent, or a stepparent of the child is zero (0) percent [72 P.S. 99116(a)(1.2)]. The tax rate imposed on the net value of transfers to or for the use of the decedent's lineal beneficiaries is four and one-half (4.5) percent, except as noted in 72 P.S. 99116(1.2) [72 P.S. 99116(a)(1)]. The tax rate imposed on the net value of transfers to or for the use of the decedent's siblings is twelve (12) percent [72 P.S. 99116(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. WK4T PA0305-003 92 REV-1504 EX+ (6-98) COMMONWEALTH OF PENNSYLVANIA INHERITANCE TAX RETURN RESIDENT DECEDENT SCHEDULE C CLOSEL Y.HELD CORPORATION, PARTNERSHIP OR SOLE.PROPRIETORSHIP ESTATE OF Ramesh M. Khona FILE NUMBER 2004-00607 Schedule C-1 or C-2 (including all supporting information) must be attached for each closely-held corporation/partnership interest of the decedent, other than a sole-proprietorship. See instructions for the supporting infonnation to be submitted for sole-proprietorships. ITEM NUMBER 1. DESCRIPTION Gannett Fleming Affiliatesl Inc. Common Stock VALUE AT DATE OF DEATH 629/130.00 'tn-..] ";' 1'1,0 Hh - OU6 92 TOTAL (Also enter on line 3, Recapitulation) $ (If more space is needed, insert additional sheets of the same size) 629/130.00 REV-1505 EX+ (6-98) COMMONWEALTH OF PENNSYLVANIA INHERITANCE TAX RETURN RESIDENT DECEDENT SCHEDULE C-l CLOSELY-HELD CORPORATE STOCK INFORMATION REPORT ESTATE OF FILE NUMBER Ramesh M. Khona 2004-00607 1. Name of Corporation Gannett Fleming Affiliates, Inc. State of Incorporation DE Address P . O. Box 7048 Date of Incorporation 02/26/1981 City Wilmington State DE ZIP Code 19803 Total Number of Shareholders 2. Federal Employer I.D. Number 23 - 21 7 5 843 Business Reporting Year 1231 3. Type of Business Engineering Product/Service Ci vi 1 Engineering 75 STOCK TOT SHAR 4. TYPE VotinglNon.Voting Common Vat ing 100,275 1,005 $ $ 129,130 Preferred Provide all rights and restrictions pertaining to each class of stock. 5. Was the decedent employed by the Corporation? ................................... IX]Yes 0 No If yes, Position VP Business Devel Annual Salary $ 140,000 Time Devoted to Business 100 % 6. Was the Corporation indebted to the decedent? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 0 Yes [XJ No If yes, provide amount of indebtedness $ 7. Was there life insurance payable to the corporation upon the death of the decedent? . . . .. 0 Yes !Xl No If yes, Cash Surrender Value $ Net proceeds payable $ Owner of the policy 8. Did the decedent sell or transfer stock in this company within one year prior to death or within two years if the date of death was prior to 12-31-82? o Yes IX] No If yes, DTransfer 0 Sale Number of Shares Transferee or Purchaser Attach a separate sheet for additional transfers and/or sales. 9. Was there a written shareholder's agreement in effect at the time of the decedent's death? . .. [XJ Yes 0 No If yes, provide a copy of the agreement. Consideration $ Date 10. Was the decedent's stock sold? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. IX] Yes 0 No If yes, provide a copy of the agreement of sale, etc. 11. Was the corporation dissolved or liquidated after the decedent's death? . . . . . . . . . . . . . . . . . . . 0 Yes 0 No If yes, provide a breakdown of distributions received by the estate, including dates and amounts received. 12. Did the corporation have an interest in other corporations or partnerships? . . . . . . . . . . . . . . !Xl Yes 0 No If yes, report the necessary information on a separate sheet, including a Schedule C-1 or C-2 for each interest. THE FOLLOWING INFORMATION MUST BE SUBMITTED WITH THIS SCHEDULE A. Detailed calculations used in the valuation of the decedent's stock. B. Complete copies of financial statements or Federal Corporate Income Tax returns (Form 1120) for the year of death and 4 preceding years. C. If the corporation owned real estate, submit a list showing the complete address/es and estimated fair market value/s. If real estate appraisals have been secured, attach copies. D. List of principal stockholders at the date of death, number of shares held and their relationship to the decedent. E. List of officers, their salaries, bonuses and any other benefits received from the corporation. F. Statement of dividends paid each year. List those declared and unpaid. G. Any other information relating to the valuation of the decedent's stock. WKH PA03QS -00) 92 (If more space is needed, insert additional sheets of the same size) REV-15G8 EX+ (6-98) COMMONWEALTH OF PENNSYLVANIA INHERITANCE TAX RETURN RESIDENT DECEDENT SCHEDULE E CASH, BANK DEPOSITS, & MISC. PERSONAL PROPERTY ESTATE OF Ramesh M. Khona FILE NUMBER 2004-00607 Include the proceeds of litigation and the date the proceeds were received by the estate. All property jointly-owned with right of survivorship must be disclosed on Schedule F. ITEM NUMBER 1 DESCRIPTION GF Employees Credit Union, Harrisburg, PA VALUE AT DATE OF DEATH 1,700.00 2 Checking Acct 0536721699 Commerce Bank/Harrisburg PO Box 4999-0999, Harrisburg, PA 17111 3,500.00 I^.'K4T Pl.l.G10<'-D10 92 TOTAL (Also enter on line 5, Recapitulation) $ (If more space is needed, insert additional sheets of the same size) 5,200.00 REV-1510 EX+ (6-98) COMMONWEALTH OF PENNSYLVANIA INHERITANCE TAX RETURN RESIDENT DECEDENT SCHEDULE G INTER.VIVOS TRANSFERS & MISC. NON.PROBA TE PROPERTY ESTATE OF Ramesh M. Khona This schedule must be completed and filed if the answer to any of questions 1 through 4 on the next page of the REV-1500 COVER SHEET is yes. DESCRIPTION OF PROPERTY ITEM INCLUDE THE NAME OF THE TRANSFEREE, THEIR RELATIONSHIP TO OECEDENT AND NUMBER THE DATE OF TRANSFER. ATTACH A COpy OF THE DEED FOR REAL ESTATE. 1 Gannett Fleming Inc. Defined Benefit Pension Plan Decedent did not have the right to anticipate payment. DATE OF DEATH % OF DECD S VALUE OF ASSET INTEREST EXCLUSION (IF APPLICABLE) '",T~!T PA(JJJS O~2 ~,., TOTAL (Also enter on line 7 Recapitulation) (If more space is needed, insert additional sheets of the same size) $ FILE NUMBER TAXABLE VALUE o REV-1511 EX+ (10-06) COMMONWEALTH OF PENNSYLVANIA INHERITANCE TAX RETURN RESIDENT DECEDENT SCHEDULE H FUNERAL EXPENSES & ADMINISTRATIVE COSTS ESTATE OF Ramesh M. Khona FILE NUMBER 2004-00607 Debts of decedent must be reported on Schedule I. ITEM NUMBER A. DESCRIPTION AMOUNT 1. FUNERAL EXPENSES: Hoover Funeral Homes 4,208.00 B. ADMINISTRATIVE COSTS: 1. Personal Representative's Commissions Name of Personal Representative(s) Street Address City State_ ZIP Year(s) Commission Paid: 2. AttorneyFeesFred E. Kilgore, Esquire 3,500.00 3. Family Exemption: (If decedent's address is not the same as claimant's, attach explanation) Claimant Marian A. Khona Street Address 64 1 0 Cannon Dr i ve City Mechanicsburg Relationship of Claimant to Decedent SpOUS e State~ZIP17050 3,500.00 4. Probate Fees 60.00 5. Accountant's Fees 5,000.00 6. Tax Return Prepare~s Fees 1,500.00 7. Reserve for mlSC. other expenses including additional probate fees. 1,500.00 TOTAL (Also enter on line 9, Recapitulation) $ (If more space is needed, insert additional sheets of the same size) 19,268.00 WK4 T PA030S REV-1512 EX+ (12-03) COMMONWEALTH OF PENNSYLVANIA INHERITANCE TAX RETURN RESIDENT DECEDENT SCHEDULE I DEBTS OF DECEDENT, MORTGAGE LIABILITIES, & LIENS ESTATE OF Ramesh M. Khona FILE NUMBER 2004-00607 Report debts incurred by the decedent prior to death which remained unpaid as of the date of death, including unreimbursed medical expenses. ITEM VALUE AT DATE NUMBER DESCRIPTION OF DEATH 1. First Mortgage - VNB Mortgage Services PO Box 954, Wayne, NJ 07474-0954 57,587.51 2 Various Credit Cards 1,500.00 3 Home Equity Loan - Commerce Bank Account #930002837 38,055.65 4 Citizens Bank One Citizens Plaza, Providence, RI 02903 6,000.00 '.11\ 1 I ~AO 305 014 92 TOTAL (Also enter on line 10, Recapitulation) $ (If more space is needed, insert additional sheets of the same size) 103,143.16 REV-1513 EX+ (9-00) COMMONWEAL TH OF PENNSYLVANIA INHERIT ANCE TAX RETURN RESIDENT DECEDENT SCHEDULE J BENEFICIARIES ESTATE OF Ramesh M Khona FILE NUMBER 2004-00607 NUMBER I NAME AND ADDRESS OF PERSON(S) RECEIVING PROPERTY TAXABLE DISTRIBUTIONS [include outright spousal distributions, and transfers under Sec. 9116 (a) (1.2)] RELATIONSHIP TO DECEDENT Do Not List Trustee(s) AMOUNT OR SHARE OF ESTATE Rema Solanki India 6 Nimesh Lapasia India Sister 10,000.00 Brother 10,000.00 Sister 10,000.00 Nephew 3,333.00 Nephew 3,333.00 Nephew 3,333.00 2 Chiman Khona 82 Chiefwood Square Toronto, Ontario, Canada 3 Anupama Momaya India 4 Hiren Lapasia India 5 Vipul Lapasia India 7 Raj esh Shah India Nephew 5,000.00 ENTER DOLLAR AMOUNTS FOR DISTRIBUTIONS SHOWN ABOVE ON LINES 15 THROUGH 18, AS APPROPRIATE, ON REV-1500 COVER SHEET II NON-TAXABLE DISTRIBUTIONS: A. SPOUSAL DISTRIBUTIONS UNDER SECTION 9113 FOR WHICH AN ELECTION TO TAX IS NOT BEING MADE 1 Ramesh M Khona Living Tr, EIN #16-6550966 to be irrevocable upon death with spouse, Marian Khona, as only beneficiary 389,508.84 B. CHARITABLE AND GOVERNMENTAL DISTRIBUTIONS TOTAL OF PART 11- ENTER TOTAL NON-TAXABLE DISTRIBUTIONS ON LINE 13 OF REV-1500 COVER SHEET $ 389,508.84 WKtlT PAOJO~, 01:' ':12 (If more space is needed, insert additional sheets of the same size) Estate of Ramesh M. Khona Form REV-1500 Schedule J Additional Beneficiaries Name and Address: Darshana Shah India Kristina R. Khona 315 W. 79th Street New York, NY 10023 Kishan R. Khone 634 Kenyon Street NW Washington, DC 20010 Kevin R. Khona 6410 Cannon Drive Mechanicsburg, PA 17050 Relationship Amount Niece 5,000.00 Daughter 62,913.00 Son 62,913.00 Son 62,913.00 ){i~ 0 {2tfLl '<'u/ 6 (? {".{ COMMONWEAL TH OF PENNSYLVANIA' DEPARTMENT OF HEAl Tt! . VIT Al RF CORns TrPt-'PH1NT IN I-'t~MA"'f.~! {J\AU\IW< CERTIFICA TE OF DEATH ,. 641 () C.lnllPIl Dr i ve ~le('h<lnicshurg. PA. 170'jiJ 17b "lu'llv , ~1a 1" ,~)!~r:-~~-=-,~~---14~=~~-~!O().'!-'" .--.~ ',,' ;'",',;" ~-"2...:.s..~c-,-=",-'" ....,"~---===:=~::=-~--::::--==~--:-::=l ;;"""'fX:k ,"",0 . 0 I:' [J . IJ ,U i '" "." " ,,,' ",,,,,, ,.. ,""""". J'; ~ ':'O-'~', ~-::-:'r~:;'----'------'-C--1 llershe' Medical Ct:nter - ~,,,,:..;.~:',~'~~-:,-,u'I,,,,,.,'\S~:.11l ... ......... : . .' I ,.. ~1.!...':~~____ ':._ "'1~!I_~~-1~~ltJ:2.t...ll L ~ , i ! ~1et,hanicslHlrF.t 111\ .: . '. -::::=:::.:::==...".:.:..----1 i ----.--j I I ._----~----.I Cumberland j: ;"'0..110-"';"" , .... ~;:~=2j ~:,;: -;:'':l:;;:.~T21::;':';-.I::;;,.';'.; ~_____.~_~L_ -L~~' ,..~, I ,j ',-j .0/" , _......lliliVhill_____. ,- I,; .. (krry lw['l. .. '~i1' i~UY~.I' ----~._-~-_..- ,I" ...: "',', ~.l~i_~~~!~~~lg : " , ' ; , ~,r ~ J; " ~.. ' ; (-; ;, r ,- ,I.', I I I I ! i I \1 \1 ',," ::-.,,:i I "J,;.',11 1! KhOllt! 1'--'. 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P,\ t<_"' .,,,",. \~, _~~l~~~~:~~~b_~__ ': .,,1 170.11 ",,'~':'"''''""' ....."=.&afJ1Ct..lliU<!"An .._p I;>;Jj,t]I.. )4 L~._ it c' STATE OF PENNSYLVANIA COUNTY OF CUMBERLAND estate of KHONA RAMESH M SHORT CERTIFICATE I, GLENDA FARNER STRASBAUGH Register for the Probate of Wills and Granting Letters of Administration in and for CUMBERLAND County, do hereby certify that on the 29th day of June, Two Thousand and Four, Letters TESTAMENTARY in common form were granted by the Register of said County, on the , la te of HAMPDEN TOWNSHIP (Last, First, Middle! in said county, deceased, to KHONA MARIAN A (Last, First, Middle! and that same has not since been revoked. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seal of said office at CARLISLE, PENNSYLVANIA, this 29th day of June Two Thousand and Four. File No. 2004-00607 PA File No. 21-04-0607 Date of Death 6/07/2004 S. S. # 528-80-5290 j t!d7~/ '~ ~ / ./ ~'/ J::?'~j' - ./''''//<~ _ ,'41'-', , /y_ ~ Reglsf I~f ' ' '), / ",~U...(_/ /J L././~,.,e'<!'''X:-c/ / NOT VALID WITHOUT ORIGINAL SIGNATURE AND IMPRESSED SEAL Will of Ramesh M. Khona t\)~' I, Ramesh M. Khona, also known as Ramesh Manekji Khona, a resident of Cumberland County, Pennsylvania, revoke any prior wills and codicils made by me and declare this to be my Will. Article One Family Information I am married to Marian A. Khona. We were married on December 18, 1970. I have three children. Their names and dates of birth are: Kishan Ramesh Khona, born on January 21, 1976; Kristina Ramesh Khona, born on February 6, 1974; and Kevin Ramesh Khona, born on March 8, 1985 All references in my will to "my children" are references to these children. Article Two Distribution of My Property Section 2.01 Disposition of Tangible Personal Property I direct that my personal representative shall distribute my tangible personal possessions according to a separate "Personal Property Memorandum" or other similar writing, which shall be signed by me and kept with my Estate Planning Portfolio. It is my intent that such writing qualifies to distribute my tangible personal possessions under applicable state law. If such writing is not found at the time of my death, or ruled an improper disposition, this bequest shall lapse and my tangible personal possessions shall become part of my living trust. If any items of tangible personal property I happen to own are not tJ..- ______ ------ Will of Ramesh M. Khona Page 1 ofl0 ~~ mentioned in such list, such items shall become part of my living trust. If any such gift shall lapse, then such items shall become part of my living trust. Section 2.02 Pour-Over to My Living Trust All of my probate estate, excluding any property over which I might have a power of appointment, and after payment of expenses and taxes which are paid pursuant to this will, I give to the Trustee of the Ramesh M. Khona Living Trust dated May 12,2004, and executed prior to this will, to be added to the property of that trust and direct that the Trustee administer the property as provided in the trust agreement and any amendments prior to my death. Section 2.03 Establish and Fund Testamentary Trusts I authorize my personal representative to establish, with the assets of my probate estate, if any, or with any property distributed to my personal representative from my Trustee, testamentary trusts for the benefit of my beneficiaries under the same terms and conditions of my revocable living trust as it exists at the date of my death. I appoint the Trustee and successor Trustees named in my revocable living trust as the Trustee and successor Trustee of my testamentary trusts. The Trustee of my testamentary trusts shall have all the administrative and investment powers given to my Trustee in my revocable living trust and any other powers granted by law. My Trustee is under no obligation to distribute property directly to my personal representative, but rather may distribute such property directly to the Trustee of the testamentary trusts. Any property distributed to my testamentary trusts by the Trustee of my revocable living trust shall be distributed by the Trustee of my testamentary trusts in accordance with the tenns and conditions of my revocable living trust as it exists on the date of my death. Section 2.04 Alternate Disposition If the trust referred to in Section 2.02 is not in effect at my death or if for any other reason the pour-over cannot be accomplished, I specifically and completely incorporate the terms of the trust into this will by reference. In such a situation, I direct my personal representative to establish a trust in accordance with the provisions of such trust and give the remainder of my estate, excluding any property over which I might have a power of appointment, to the Trustee of said trust to be administered as provided in the trust agreement. ~ Will of Ramesh M. Khona Page 2 of 10 ~~ Article Three Designation and Succession of Fiduciaries Section 3.01 Personal Representative I nominate Marian A. Khona as my personal representative. If Marian A. Khona fails or ceases to act as my personal representative, I nominate the following as my successor personal representatives in the order named: Kishan Ramesh Khona; and then Kristina Ramesh Khona Article Four Powers of Fiduciaries Section 4.01 Grant My personal representative may perform every act reasonably necessary to administer my estate and any trust established under my will. Specifically, my personal representative may exercise the following powers: hold, retain, invest, reinvest, sell, and manage real or personal property, including interests in any form of business entity including, but not limited to, limited partnerships and limited liability companies, and policies of life, health and disability insurance, without diversification as to kind, amount or risk of non-productivity and without limitation by statute or rule of law. My personal representative may partition, sell, exchange, grant, convey, deliver, assign, transfer, lease, option, mortgage, pledge, abandon, borrow, loan and contract. My personal representative may distribute the assets of my estate in cash or kind or partly in each at fair market value on the date of distribution, without requiring pro rata distribution of specific assets and without requiring pro rata allocation of the tax bases of such assets. My personal representative may hold in nominee form, continue businesses, carry out agreements, deal with itself, other fiduciaries and business organizations in which my personal representative may have an interest. It may establish reserves, release powers, and abandon, settle or contest claims. It may employ attorneys, accountants, custodians of the trust assets, and other agents or assistants as deemed advisable to act with or without discretionary powers and compensate them and pay their expenses from income or principal or both. ~ -- Will of Ramesh M. Khona Page 3 of 10 ?9'0 Section 4.02 Powers Granted by State Law In addition to all of the above powers, my personal representative may exercise all powers granted under applicable state law, as amended after the date of my will. I incorporate such Act as it exists today by reference and make it a part of my will. Section 4.03 Distribution Alternatives My personal representative may make any payments under my will: Directly to the beneficiary; In any form allowed by applicable state law for gifts or transfers to minors or persons under disability; To the beneficiary's guardian, conservator, or caregiver for the benefit of the beneficiary; or By direct payment of the beneficiary's expenses. A receipt by the recipient for any such distribution, if such distribution is made in a manner consistent with the proper exercise of my fiduciaries' duties hereunder, shall fully discharge my fiduciaries. Article Five Administrative Provisions Section 5.01 Court Proceedings If any tmst is established under my will that trust shall be administered in a timely and efficient manner consistent with its terms, free of active judicial intervention and without order, approval or other action by any court. It shall be subject only to the jurisdiction of a court being invoked by the trustees or other interested parties or as otherwise provided by law. Section 5.02 No Bond I direct that no fiduciary shall be required to give any bond in any jurisdiction, and if, notwithstanding this direction, any bond is required by any law, statute, or mle of court, no sureties be required. ~. Will of Ramesh M. Khona Page 4 of 10 ~ S1iV Section 5.03 Compensation Any fiduciary under this instrument shall be entitled to reasonable compensation commensurate with services actually performed and to be reimbursed for expenses properly incurred. Section 5.04 Ancillary Fiduciary In the event ancillary administration shall be required or desired and my domiciliary personal representative is unable or unwilling to act as an ancillary fiduciary, my domiciliary personal representative shall have the power to designate, compensate, and remove the ancillary fiduciary. The ancillary fiduciary may either be a natural person or a corporation. My domiciliary personal representative may delegate to such ancillary fiduciary such powers granted to my original personal representative as my personal representative may deem proper, including the right to serve without bond or surety on bond. The net proceeds of the ancillary estate shall be paid over to the domiciliary personal representative. Article Six Tax Provisions Section 6.01 Death Taxes and Payment of Expenses The trustee of the trust referred to in this will is authorized to pay my funeral and burial expenses, claims against my estate, and expenses of estate administration. Accordingly, I direct my personal representative to consult with the trustee to determine the preferable source for payment of such amounts and which, if any, should be requested from the trust. I direct my personal representative to follow any instructions contained in the Ramesh M. Khona Living Trust in making any tax election, including, but not limited to, the allocation of my GST Exemption. I direct that the taxes imposed by reason of my death upon property passing under and outside my will be apportioned and paid in the manner provided in the Ramesh M. Khona Living Trust, and I incorporate the tax apportionment provisions of the Ramesh M. Khona Living Trust as part of my will. In no event shall any of such taxes be allocated to or paid from property which is not included in my gross estate for federal estate tax purposes or which qualifies for the federal estate tax marital or charitable deductions. ~ Will of Ramesh M. Khona Page 5 of 10 #- ~ Section 6.02 Tax and Administrative Elections My personal representative may exercise any available elections under any applicable income, inheritance, estate, succession, or gift tax law. This authority specifically includes the power to select any alternate valuation date for death tax purposes and the power to determine whether any or all of the administration expenses of my estate are to be used as estate tax deductions or as income tax deductions, and no compensating adjustments need be made between income and principal as a result of such determinations unless my personal representative shall determine otherwise, in the discretion of my personal representative, or unless required by law. My personal representative, in its sole and absolute discretion, may elect to have all, none, or part of the property comprising my estate for federal estate tax purposes qualify for the federal estate tax marital deduction as qualified terminable interest property under Section 2056(B)(7) of the Internal Revenue Code (the "QTIP Election"). However, such taxes shall not be apportioned to any property included in my gross estate under Section 2044 of the Internal Revenue Code, to the extent my Trustee or my personal representative waives any right of recovery granted by Section 2207 A and corresponding provisions of applicable state law. My personal representative shall not be liable to any beneficiary of my estate for tax consequences occasioned by reason of the exercise or non-exercise of any such elections or by reason of the allocation and distribution of property in kind in full or partial satisfaction of any beneficiary's interest in my estate. Article Seven General Provisions Section 7.01 Applicable Law The validity and construction of my will shall be determined by the laws of Pennsylvania. Section 7.02 No Contract to Make Will I have not entered into any contract, actual or implied, to make a will. Will ofRamesh M. Khona Page 6 of 10 r;iL sa; ~ Section 7.03 Contest Provision If any beneficiary of this will or any trust created under this will, alone or in conjunction with any other person undertakes or participates in anyone or more of the actions listed below, then the right of such beneficiary to take any interest given to such beneficiary under this will or any trust created pursuant to this will shall be determined as it would have been determined had such beneficiary predeceased me without surviving descendants. Contests by a claim of undue influence, fraud, menace, duress or lack of testamentary capacity, or otherwise objects in any court to the validity of (a) this Will, (b) any trust created under the terms of this Will, (c) any other trust created by me, and any trusts created under those agreements, or (d) any beneficiary designation of an annuity, retirement plan, IRA, Keogh, pension or profit sharing plan or insurance policy signed by or created by me, (collectively referred to hereafter in this Section as "Document" or "Documents") or any amendments or codicils to any Document; Seeks to obtain an adjudication in any court proceeding that a Document or any of its provisions is void, or otherwise seeks to void, nullify or set aside a Document or any of its provisions; Files suit on a creditor's claim filed in a probate of my estate, against my trust estate, or any other Document, after rejection or lack of action by the respecti ve fiduciary; Files a petition or other pleading to change the character (community, separate, joint tenancy, partnership, domestic partnership, real or personal, tangible or intangible) of property already so characterized by a Document; Claims ownership in a court proceeding to any asset held by me in joint tenancy, other than as a surviving joint tenant; Files a petition for probate homestead in a probate proceeding of my estate without the prior written consent of the personal representative designated in this Will; Files a petition for family allowance in a probate of my estate without the prior written consent of the personal representative designated in this Will; Fi les a petition to impose a constructive trust or resulting trust on any assets of my estate, if any; or ~ Will of Ramesh M. Khona Page 7 of 10 ~~ Participates in any of the above actions in a manner adverse to my estate, such as conspiring with or assisting any person who takes any of the above actions. My personal representative is hereby authorized to defend, at the expense of my estate, any violation of this paragraph. A "contest" shall include any action described above in an arbitration proceeding and shall not include any action described above solely in a mediation not preceded by a filing of a contest with a court, notwithstanding the foregoing. This Section shall not apply so as to cause a forfeiture of any distribution otherwise qualifying for the federal estate tax charitable or marital deduction. Section 7.04 Construction Unless the context requires otherwise, words denoting the singular may be construed as denoting the plural. Words of the plural may be construed as denoting the singular. Words of one gender may be construed as denoting another gender, if appropriate. Section 7.05 Headings and Titles The headings and paragraph titles are for reference only. Section 7.06 Internal Revenue Code, IRC or Code References to the Internal Revenue Code, the IRC or the Code shall refer to the Internal Revenue Code of the United States. References to specific sections of the Code shall be to any sections of like or similar import that replace the specific sections as a result of changes to the Internal Revenue Code made after the date of my will. Section 7.07 Other Definitions Except as otherwise provided in my will, terms shall be as defined under Pennsylvania law as amended after the date of my will and after my death. Section 7.08 Survivorship For purposes of this will, if! in fact survive my wife by any period of time or if the order of our deaths is not known, then I shall be deemed to have survived my wife. Any other (;) r ~~ ----- Will of Ramesh M. Khona Page 8 of 10 #- ~ beneficiary shall be deemed to have predeceased me if such beneficiary dies within 90 days after the date of my death. Section 7.09 Seve rabi I ity If any part of this instrument shall be adjudicated to be void or invalid, the remaining provisions not specifically so adjudicated shall remain in full force and effect. I, Ramesh M. Khona, sign my name to this instrument consisting of 10 pages on May 12, 2004, and being first duly sworn, do hereby declare to the undersigned authority that I sign and execute this instrument as my will, that I sign it willingly, that I execute it as my free and voluntary act for the purposes therein expressed, and that I am eighteen years of age or older, of sound mind, and under no constraint or undue influence. ~ ~'--. - Ram~sh M. Khona, Testator The Testator signed, sealed and declared this as his Will in our presence on the date shown above. At the request of the Testator, we have both signed our names as witnesses. All of this occurred at the same time and we and Testator were present together throughout. .~,JG=- Stefan C. icholas, Witness 1412 14th Street, N.W., Suite 200 Washington, D.C. 20005 ~~ :;::::::::=- Will ofRamesh M. Khona Page 9 of 10 ~~ COMMONWEALTH OF VIRGINIA ) ) ss. ) CITY OF ALEXANDRIA Before me, the undersigned authority, on this date personally appeared Ramesh M. Khona, John Ryan Forbrich and Stefan C. Nicholas, known to me to be the Testator and witnesses, respectively, whose names are signed to the attached instrument; and, all of these persons being by me first duly sworn, Ramesh M. Khona, the Testator, declared to me and to the witnesses in my presence that said instrument is his will and that he had willingly signed and executed it in the presence of said witnesses as his free and voluntary act for the purposes therein expressed, and said witnesses stated before me that the foregoing Will was executed and acknowledged by the Testator as his Will in the presence of said witnesses who, in his presence, and at his request, and in the presence of each other did subscribe their names thereto as attesting witnesses on the day of the date of said Will, and that the Testator, at the time of the execution of said Will, was over the age of eighteen years and of sound and disposing mind and memory. CfD ~ ~ - .. Ramesh M. Khona I!it- LIL;~ Stefan C. lcholas, WItness Subscribed, sworn and acknowledged before me by Ramesh M. Khuna, the Testator; bscribed and sworn before me by John Ryan Forbrich and Stefan C. Nicholas, wi esses, on May 12,2004. ary Public March 31, 2005 ~ Will of Ramesh M. Khona Page 10 of 10 tJ!f'-,- SkJ-- ~ liannett Fleming June 16, 2004 GANNETT FLEMING, INC. PO. Box 67100 Harrisburg, PA 17106-7100 Location: 207 Senate Avenue Camp Hill, PA 17011 Office: (717) 763.7211 Fax: (717) 763-8150 www.gannettfleming.com Mrs. Marian Khona 6410 Cannon Drive Mechanicsburg, PA 17050 RE: Gannett Fleming, Inc. Pension Plan Benefit Dear Mrs. Khona: I am sorry for the recent loss of your husband, Ramesh. My thoughts and prayers are with you in this difficult time. The pension benefit has been calculated as payable to you as the spouse of a deceased participant. The calculations indicate that you would be eligible for a monthly benefit of $2,552.81 per month beginning July 1, 2004. I will need the following forms from you in order to begin the pension payments: 1. Notice of Death Benefit Form. I will need one signed original returned to my attention. Please review the information relative to your social security number, date of birth, etc. at the top of the form, and make any corrections needed. Then sign and date the reverse of the form. 2. Direct Deposit of Pension Payments form. I need this form completed and returned in order to have your payment processed via direct deposit. If possible, please include a voided check (if checking account) or deposit slip (if savings account) 3. Federal Withholding Form. I need this form completed and returned in order to have federal taxes deducted from your monthly payments. Upon receipt of your properly completed forms, the information will be transmitted to Prudential Retirement (formerly CIGNA.) I am currently on a medical disability leave and am in the office very infrequently. If you have any questions, you may reach me via e-mail at lrosenberqer@qfnetcom, if you have access to e-mail.asldo check my e-mails frequently. If not, or if you wish to speak with me directly, please contact the office at 717- 763-7212, extension 2226 (Human Resources Department) and they will contact me with the message to call you. Please let them know a phone number and a good time to reach you, and I will try to get back to you as promptly as possible. Again, I am sorry for your loss. Please contact me with any questions or concerns. ~Sin~ereIY Yours~, 7 . ,/1 ^ ( '1l1L(. IL LuAnn C. Rosenberger Pension Plan Coordinator A Tradition of Excellence \INs Mortgage Services, Inc. A Subsldlill'/ of VallfY NaUonal Bank PO BOX 954, WAYNE, NJ 07474-0954 pd. esht.-T-e.- du.c..k... tt- q I It any of the mformation shown below is incorrect, please indicate correctIons on the back of the payment coupon Property Address 6410 CANNON DR MECHANICSBURG PA 17055 6f>4MST 03{os/o'l 09:44 001256820040610 4f4B4104 5TMT-l I OZ DOM 4F48410000- 153411 MS 11..111,1.111"1.1,1,11,,,1..111.1,11111.1...111.1111...1,1..1 RAMESH M KHONA MARIAN A KHONA 6410 CANNON DR MECHANICSBURG PA 17050-1907 RETAIN THIS PORTION FOR YOUR RECORDS LOAN STATEMENT LOAN NUMBER: STATEMENTDATE: 'PRINCIPAL BALANCE: ESCROW BALANCE: YEAR TO DATE PRINCIPAL PAID YEAR TO DATE INTEREST PAID YEAR TO DATE TAXES PAID: LOAN TYPE: CURRENT INTEREST RATE: LOAN ORIGINATION DATE: LOAN MATURITY DATE: PAYMENT DUE DATE: PAYMENT AMOUNT DUE PAST DUE PAYMENTS UNPAID LATE CHARGES: RETURN CHECK FEES or other Fees UNAPPLIED BALANCE TOTAL AMOUNT NOW DUE: AFTER 07/16/04 PAY TRANSACTION ACTIVITY SINCE LAST STATEMENT 0017246709 06/09/04 $57,58651 $922.13 $3,912.84 $1,83378 $313.07 CONVENTIONAL 6125% 05/05/98 06/01/10 07/01/04 $1,13200 $0.00 $0.00 $0.00 $0.00 $1,132.00 $1,17989 , - -"--..-.--".--.--.. ._-~ TRANSACTION DUE DATE TRANSACTION PRINCIPAL INTEREST ESCROW UNAPPLIED MISC. DESCRIPTION DATE PAID TOTAL FUNDS OR FEES PMT THANK YOU 05/01/04 05/<l5/04 $1,132.00 $657.11 $300.66 $174.23 $0.00 $0.00 HAZARD INS PO 06/01/04 06/02/04 $503.00- $0.00 $0.00 $503.00- $0.00 $0.00 PMT THANK YOU 06/01/04 06/07/04 $1,132.00 $660.47 $297.30 $174.23 $0.00 $0.00 J Special Messages VNBMortgage.com Your on-line connection to Mortgage Financing Learn - Compare - Apply - Follow Status /~.~ . . e Melissa A Wherley To: Marsha S Miller/Commerce Harrisburg@CommercePC 'Bank 03/22/2007 02:48 PM cc: Subject: Re: Khona Request Thanks for taking care of this for me! I appreciate it!!!!!! Melissa A. Wherley Senior Customer Service Representative Hampden Center Office- Commerce Bank Harrisburg (717) 975-7546 (717) 975-0596 Fax Forwarded by Meiissa A Wherley/Commerce Harrisburg on 03/22/2007 02:48 PM Cotntnen::e Loan Servicing ... .. ... Sent by: Christina M Heist To: Melissa A Wherley/Commerce Harrisburg@CommercePC cc: Loan Servicing@CommercePC Subject: Re: Khona Request8] 03/19/2007 12:54 PM Melissa, Below is her loan balance as of 06/30/04. There were no additional payments made until 07/12/04, therefore this would be the balance as of 06/30/04. 06/21/04 06/21/04 TC11 348.81 LOAN PAYMENT FROM CK-0000000032007627 BATCH SEQ 005005013006410 PRINCIPAL 211.21 INTEREST 137.60 OLD PYMT DUE DT 06120/04 PAYMENT COUNTER 01 rOAlJtI!~~It~N~~1 Hi;j H39,18i:1.!1l.14.!1l Thanks, Tina Customer Care Specialists Russell 717-412-6078 Tina 717-412-6032 Fax 717-901-8220 Melissa A Wherley \).D.P, (J,..L--- ~ ~ J>"'" .'1c./ ;"'l I ..",,/ -------- ~ po Ors .,t' ~ Cotntnen::e Melissa A Wherley To: Loan Servicing@CommercePC _Bank 03/191200712:48 PM cc: .. Subject: Khona Request Marian Khona has requested the balance as of 06/30/04 for her line of credit account 930002837. She requires this information for purposes of inheritance tax issues. I've checked D3000 and I don't see a balance point record for that date. Thanks Melissa A. Wherley Senior Customer Service Representative Hampden Center Office- Commerce Bank Harrisburg (717) 975-7546 (717) 975-0596 Fax -- Forwarded by Melissa A Wherley/Commerce Harrisburg on 03/2212007 02:48 PM _ Conunen::e Karen E Tarbell To: Melissa A Wherley/Commerce Harrisburg@CommercePC 03/1912007 01:07 PM cc: Subject: Request Follow link to Research Request [J +: CITIZENS BANK @ One Citizens Plaza Providence RI 02903 ?o.ul vv\ ~ '1 \ \.l;( \ o~ LINE OF CREDIT STATEMENT 1-888-910-4100 Page 1 Closing Date Call anytime for account information. current rates and answers to your questions. SUMMARY Account Number Credit Limit Available Credit Days in Bill ing Cycle Average Daily Balance Daily Periodic Rate ANNUAL PERCENTAGE RATE FINANCE CHARGE New Principal Balance Current Payment Past Due Amount r ohT La feFees--UuT------ Minimum Payment MAY 19, 2004 RAMESH M KHONA 6410 CANNON DR MECHANICSBURG, PA 17050-1907 060-00006087126175 15,000.00 9,000.00 31 7,354.84 .01944444% Payment Due Date 06/08/04 7.00% {.4.33 6,000.00 120.88 0.00 -~ ---------0:-00 120.88 BALANCE SUMMARY Previous Total Balance 9.051.52 Payments/ + Advances + Credits 3,051.52 0.00 Finance Charge 44.33 + Insurance + Other Charges O~.OO 0.00 New Total Balance 6,044.33 TRANSACTION DETAIL Date 05/03/04 Description PAYMENT - THANK YOU Check No. Amount 3 , 051. 52 Principal Balance 6,000.00 / 1>01> (l.,) ~ IF YOU HAVE ANY QUESTIONS ABOUT YOUR STATEMENT, PLEASE CALL OUR 24-HOUR PHONE BANK AT 1-888-910-4100. THANK YOU FOR BANKING WITH CITIZENS. NOT YOUR TYPICAL BANK. )y.. THE RAMESH M. KHONA LIVING TRUST May 12, 2004 LAW OFFICES LAW OFFICES OF MCCULLOUGH & NICHOLAS, P.L.L.C. ESTATE PLANNING AND RELATED MATTERS 1412 14TH STREET, N.W., SUITE 200 WASHINGTON, D.C. 20005 Copyright@2004Law Offices of McCullough & Nicholas, P.L.L.C. The Ramesh M. Khona Living Trust Table of Contents The Ramesh M. Khona Living Trust ..................................................................1 Article One Establishing My Trust.. ............... ............... ....... ..... .........................1 Section 1.01 Identifying My Trust........................................................................l Section 1.02 Reliance by Third Parties on Affidavit or Certification of Trust................................................................................................ .1 Transferring Property to My Trust...................................................2 Powers Reserved by Me as Grantor.................................................3 Grantor Trust Status.........................................................................3 Section 1.03 Section 1.04 Section 1.05 Article Two Family Information .......... .............. ....... .............. ...... ...... ............ .....1 Article Three Trustee Succession and Trust Protector Provisions ................1 Section 3.01 Resignation of a Trustee ..................................................................1 Section 3.02 Trustee Succession During My Lifetime .........................................1 Section 3.03 Trustee Succession After My Death ................................................2 Section 3.04 Notice of Removal and Appointment ..............................................3 Section 3.05 Appointment of a Cotrustee.............................................................4 Section 3.06 Corporate Fiduciaries.......................................................................4 Section 3.07 Incapacity of a Trustee.....................................................................4 Section 3.08 Appointment ofIndependent Special Trustee..................................4 Section 3.09 Rights and Obligations of Successor Trustees.................................5 Section 3.10 Provisions for Trust Protector..........................................................5 Article Four Administration of My Trust During My Incapacity.......................1 Section 4.01 Definition of My Incapacity.............................................................l Section 4.02 Determination of My Incapacity......................................................l Section 4.03 Trust Distributions During My Incapacity.......................................2 Article Five Administration of My Trust Upon My Death .................................1 Section 5.01 My Trust Shall Become Irrevocable ................................................1 Section 5.02 Administrative Trust........................................................................1 Section 5.03 Payment of My Expenses and Taxes ...............................................1 Section 5.04 Restrictions on Certain Payments from Qualified Retirement Plans..............................................................................2 Section 5.05 Payment of Death Taxes..................................................................2 Ramesh M. Khona Living Trust 1 Section 5.06 Section 5.07 Section 5.08 Coordination with My Personal Representative ..............................3 Tax Elections...... .............................................................................4 PaYment of Charitable Bequests............................................... .......6 Article Six Specific Distributions and Disposition of Tangible Personal Property..... ........... ....... ......... ................... ............1 Specific Distribution to Hira Lapasia ..............................................1 Specific Distribution to Rema Solanki ............................................1 Speci fic Distribution to AnupamaMomaya .....................................1 Specific Distribution to Jaya Shah................................................... 1 Specific Distribution to Kishan Ramesh Khona ..............................1 Specific Distribution to Kevin Ramesh Khona................................3 Distribution of Tangible Personal Property by Memoranda............3 Distribution of Remaining Tangible Personal Property...................4 Definition of Tangible Personal Property ........................................4 Encumbrances and Incidental Expenses of Tangible Personal Property............................................................................. 5 Residuary Distribution.....................................................................5 Section 6.01 Section 6.02 Section 6.03 Section 6.04 Section 6.05 Section 6.06 Section 6.07 Section 6.08 Section 6.09 Section 6.10 Section 6.11 Article Seven Creation of Trust Shares Upon My Death ..................................1 Section 7.01 Division of My Trust (No Federal Estate Tax) ................................1 Section 7.02 Division of My Trust (Federal Estate Tax Exists) ...........................2 Section 7.03 Further Division of the Marital Share ..............................................4 Section 7.04 Disposition of Property Upon Disclaimer by My Wife ...................5 Section 7.05 Division of My Trust if My Wife has Predeceased Me ...................5 Article Eight The Exempt Marital Trust .............................................................1 Section 8.01 Distributions of Net Income............................................................. 1 Section 8.02 Distributions of Principal................................................................. 1 Section 8.03 Effect of my Wife's Remarriage on Principal Distributions ...........1 Section 8.04 Unproductive Property.....................................................................2 Section 8.05 Limited Power of Appointment .......................................................2 Section 8.06 Separate Share for Disclaimed Property ..........................................2 Section 8.07 Qualified Terminable Interest Property ...........................................2 Section 8.08 Administration of the Exempt Marital Trust at My Wife's D ea th . . . . . . . . .. .. . . . . .. . . . . .. . . . .. . . . .. . . . . .. . . . . . . . . . . . . .. . . . .. . . . .. . . . .. . . . .. . .. . .. . . . . . . . . . . . . . .. .3 Article Nine The Credit Shelter Trust.................................................................1 Section 9.01 Division of Credit Shelter Trust.......................................................1 Section 9.02 Credit Shelter Trust Beneficiary ......................................................2 Section 9.03 Separate Share for Disclaimed Property ..........................................2 Section 9.04 Distribution of Income and Principal...............................................2 Section 9.05 Guidelines to My Trustee.................................................................2 Section 9.06 Lifetime Power of Appointment ofPrincipal..................................2 Ramesh M. Khona Living Trust 11 Section 9.07 Section 9.08 Section 9.09 Effect of My Wife's Remarriage on Credit Shelter Trust Distributions.................................................................................... .3 Testamentary Limited Power of Appointment ................................4 Termination of the Credit Shelter Trust...........................................4 Article Ten My Exempt Property........................................................................1 Section 10.01 Exempt Common Trust................ .... .................. ... .................. .........1 Section 10.02 Di vision 0 f My Exempt Property..................................................... 3 Section 10.03 Distribution of the Exempt Share for Kishan Ramesh Khona............................................................................................. ..4 Distribution of the Exempt Share for Kristina Ramesh Khona........ .......................................................................................5 Distribution of the Exempt Share for Kevin Ramesh Khona ..........7 Distribution of Trust Shares for Descendants of a Deceased Child................................................................................................ .9 Section 10.04 Section 10.05 Section 10.06 Article Eleven My Nonexempt Property ............................................................1 Article Twelve Remote Contingent Distribution ...............................................1 Article Thirteen Administration of Trusts for Underage and Incapacitated Beneficiaries ............ ............. ........... ............1 Distributions for Underage and Incapacitated Beneficiaries...........l Methods 0 f Di stributi on ........ .... ... .... ..... ... .. ... ......... .. ..... .... ...............1 Special Needs Beneficiary.................................................. .............3 Application of Article ......................................................................8 Section 13.01 Section 13.02 Section 13.03 Section 13.04 Article Fourteen Retirement Plans and Life Insurance Policies......................1 Section 14.01 Retirement Plans..............................................................................l Section 14.02 Life Insurance Policies.................................................................. ...2 Section 14.03 Limitation on Liability of Payor ......................................................3 Section 14.04 Collection Efforts.............................................................................3 Section 14.05 No Obligation to Purchase or Maintain Benefits.............................4 Article Fifteen Trust Adm inistration ........... ................. ..... ..................... ............1 Section 15.01 Distributions to Beneficiaries ..........................................................1 Section 15.02 No Court Proceedings ......................................................................1 Section 15.03 No Bond...........................................................................................l Section 15.04 Exoneration of My Trustee ..............................................................2 Section 15.05 Trustee Compensation.....................................................................2 Section 15.06 Employment of Professionals ............. .............. ... ..... .......................3 Section 15.07 Exercise of Testamentary Power of Appointment ...........................3 Section 15.08 Determination of Principal and Income...........................................3 Ramesh M. Khona Living Trust 111 Section 15.09 Section 15.10 Section 15.11 Section 15.12 Section 15.13 Section 15.14 Section 15.15 Section 15.16 Section 15.17 Section 15.18 Section 15.19 Section 15.20 Section 15.21 Section 15.22 Section 15.23 Trust Accounting ....... ........ ...... ................. .......... ....... ....... ....... ..... ...4 Action of Trustees; Disclaimer........................................................4 Delegation of Trustee Authority; Power of Attorney ......................5 Additions to Separate Trusts............................................................6 Authority to Merge or Sever Trusts .................................................6 Authority to Terminate Trusts.........................................................6 Discretionary Distribution to Fully Utilize Basis Increase Upon Death of Beneficiary. .............................................................7 Discretionary Distributions to Spouse .............................................7 Merger of Corporate Fiduciary........................................................8 Beneficiary's Status........................ .................................................8 Discharge of Third Persons..............................................................8 Certificate by Trustee............... ........................................................8 Funeral and Other Expenses of Beneficiary ....................................8 Marital Deduction Qualification............. .........................................9 Generation-Skipping Tax Provi sions ............................................... 9 Article Sixteen My Trustee's Powers.. .............. .......... ............. ................. ..... ....1 Section 16.01 Section 16.02 Section 16.03 Section 16.04 Section 16.05 Section 16.06 Section 16.07 Section 16.08 Section 16.09 Section 16.10 Section 16.11 Section 16.12 Section 16.13 Section 16.14 Section 16.15 Section 16.16 Section 16.17 Section 16.18 Section 16.19 Section 16.20 Section 16.21 Section 16.22 Section 16.23 Introduction to Trustee's Powers .....................................................1 Execution of Documents by My Trustee .........................................1 Investment Powers in General.........................................................l Banking Powers...............................................................................2 Business Powers............. ................ ..................................................2 Contract Powers....................... ........................................................5 Common Investments......................................................................5 Environmental Powers... .......... ........................................................6 Farm, Ranch and Other Agricultural Powers...................................6 Insurance Powers.... ................. ..................... ...................................7 Loans and Borrowing Powers ............. ..... ......... ........ .......... ...... .......8 Nominee Powers ....... ......... ...... ...... ..................... ...... .......... ...... .......8 Oil, Gas and Mineral Interests .........................................................8 Payment of Taxes and Expenses......................................................9 Qualified Family Owned Business Interests Deduction ..................9 Qualified Real Property Valuation...................................................9 Real Estate Powers......... .................................................................. 9 Residences and Tangible Personal Property ..................................1 0 Retention and Abandonment of Trust Property........ ..... .......... ......1 0 Securities, Brokerage and Margin Powers.....................................l1 Settlement Powers......................................................................... .12 Sub-Chapter S Corporation Stock Provisions......... .......................12 Limitation on My Trustee's Powers ..............................................15 Article Seventeen General Provisions............. ........... ........ ........... ................. ...1 Section 17.01 Maximum Term for Trusts...............................................................l Section 17.02 Spendthrift Provision .......................................................................1 Ramesh M. Khona Living Trust IV Section 17.03 Section 17.04 Section 17.05 Section 17.06 Section 17.07 Section 17.08 Contest Provision.............................................................................1 Survivorship Presumption................................................................3 Divorce or Annulment.....................................................................3 Changing the Situs of Administration..............................................3 Definitions....................................................................................... .3 General Provisions and Rules of Construction ................................9 Ramesh M. Khona Living Trust v The Ramesh M. Khona Living Trust Article One Establishing My Trust The date of this trust agreement is May 12, 2004. The parties to this agreement are Ramesh M. Khona, also known as Ramesh Manekji Khona, (the "Grantor") and Ramesh M. Khona and Marian A. Khona (collectively, the "Trustee"). Section 1.01 Identifying My Trust My trust may be referred to as "Ramesh M. Khona and Marian A. Khona, Trustees of the Ramesh M. Khona Living Trust dated May 12, . and any amendments thereto." For the purpose of transferring property to my trust, or identifying my trust in any beneficiary or pay-on-death designation, any description referring to my trust shall be effective if it reasonably identifies my trust. Any description that contains the date of my trust, the name of at least one initial or successor Trustee and an indication that my Trustee is holding the trust property in a fiduciary capacity shall be sufficient to reasonably identify my trust. Section 1.02 Reliance by Third Parties on Affidavit or Certification of Trust From time to time, third parties may require documentation to verify the existence of this agreement, or particular provisions of it, such as the name or names of my Trustee or the powers held by my Trustee. To protect the confidentiality of this agreement, my Trustee may use an affidavit or a certification of trust that (1) identifies my Trustee; (2) sets forth the authority of my Trustee to transact business on behalf of the trust; and (3) may include pertinent pages from the trust, such as title or signature pages. A third party may rely upon an affidavit or certification of trust that is signed by my Trustee with respect to the representations contained in the affidavit or certification of trust. A third party relying upon an affidavit or certification of trust shall be exonerated from any liability for actions the third party takes or fails to take in reliance upon the representations contained in the affidavit or certification of trust. A third party dealing with my Trustee shall not be required to inquire into the terms of this agreement or the authority of my Trustee, or to see to the application that my Trustee makes of funds or other property received by my Trustee. Ramesh M. Khona Living Trust 1 Section 1.03 Transferring Property to My Trust Any person or entity may transfer property of any kind, nature and description to my trust in any manner authorized by law. (a) Initial Funding of My Trust By execution of this agreement, I transfer, convey and assign to my Trustee and my Trustee accepts and agrees to hold, the property described in Schedule A, annexed hereto, together with all my right, title and interest in and to all of my property that may by law be held in trust and that may, by this assignment, be transferred to my trust. This assignment shall include, without limitation, all real and personal, tangible and intangible property, located in the United States, whether separate or community, whether acquired before or after the execution of this agreement except for the following assets that are expressly not transferred to my trust by this assignment: Life insurance policies, unless the ownership of a policy is transferred to my trust by a separate instrument that specifically refers to such policy; Corporate and self-employed ("Keogh") penSIOn, profit sharing and stock bonus plans; Qualified retirement plans; Commercial annuities; Any property the transfer of which would violate a restriction on transfer agreement. (b) Acceptance by My Trustee By execution of this agreement, my Trustee accepts and agrees to hold the trust property described on Schedule A. All property transferred to my trust after the date of this agreement must be acceptable to my Trustee. My Trustee may refuse to accept any property. My Trustee shall hold, administer and dispose of all trust property accepted by my Trustee for my benefit and the benefit of my beneficiaries in accordance with the terms of this agreement. (c) Community Property Any community property conveyed to my trust, including the income from such property and the proceeds from the sale of such property, shall retain its character as community property during my life and the life of my wife to the same extent as if it had not been conveyed to my trust. Ramesh M. Khona Living Trust 2 Section 1.04 Powers Reserved by Me as Grantor During my lifetime, I shall retain the powers set forth in this Section in addition to any powers that I reserve in other provisions of this agreement. (a) Action on Behalf of My Trust During any period that I am serving as a Trustee of my trust, I may act for and conduct business on behalf of my trust without the consent of any other Trustee. During any period of time that my wife and I are serving together as Cotrustees, she may make all decisions and exercise all powers and discretions granted to my Trustee under this trust created under this agreement without the consent of any other Trustee. (b) Amendment, Restatement or Revocation I have the absolute right, at any time and from time to time, to amend, restate, or revoke any term or provision of this agreement in whole or in part. Any amendment, restatement, or revocation must be in a written instrument signed by me. (c) Addition or Removal of Trust Property I have the absolute right, at any time and from time to time, to add to the trust property and to remove any property from my trust. (d) Control of Income and Principal Distributions I have the absolute right to control the distribution of income and principal from my trust. My Trustee shall distribute to me, or to such persons or entities as I may direct, as much of the net income and principal of the trust property as I deem advisable. My Trustee may distribute trust income and principal to me or for my unrestricted use and benefit, even to the exhaustion of all trust property. Any undistributed income shall be added to the principal of my trust. (e) Approval of Investment Decisions I have the absolute right to approve my Trustee's investment decisions. My approval of investment decisions shall be binding on all other beneficiaries of this agreement. Section 1.05 Grantor Trust Status By reserving the broad rights and powers set forth in Section 1.04 of this Article, I intend to qualify my trust as a "Grantor Trust" under Sections 671 to 677 of the Internal Ramesh M. Khona Living Trust 3 Revenue Code so that, for federal income tax purposes, I will be treated as the owner during my lifetime of all the assets held in my trust as though I held them in my individual capacity. During any period that my trust is a Grantor Trust, the taxpayer identification number of my trust shall be my social security number, in accordance with Treasury Regulation Section 301.6l09-l(a)(2). Ramesh M. Khona Living Trust 4 Article Two Family Information I am married to Marian A. Khona. We were married on December 18, 1970. Any reference in this agreement to "my wife" is a reference to Marian A. Khona. I have three children. Their names and dates of birth are: Kishan Ramesh Khona, born on January 21,1976; Kristina Ramesh Khona, born on February 6, 1974; and Kevin Ramesh Khona, born on March 8, 1985 All references in this agreement to "my children" are references to these children. References in this agreement to "my descendants" are references to my children and their descendants. Ramesh M. Khona Living Trust 1 Article Three Trustee Succession and Trust Protector Provisions Section 3.01 Resignation of a Trustee A Trustee may resign by giving notice to me. If I am deceased, a resigning Trustee shall give notice to the income beneficiaries of the trust and to any other Trustee then serving. A Trustee's notice of resignation shall become effective upon the successor Trustee's acceptance of appointment. Section 3.02 Trustee Succession During My Lifetime During my lifetime, this Section shall govern the removal and replacement of my Trustees. (a) Removal and Replacement by Me I may remove any Trustee with or without cause at any time. If a Trustee is removed, resigns or cannot continue to serve for any reason, I may serve as sole Trustee, appoint a Trustee to serve with me or appoint a successor Trustee. (b) During My Incapacity During any time that I am incapacitated, my wife shall serve as my Trustee. If my wife is unable to serve for any reason, the following shall serve as my successor Trustee, in the order named: Kishan Ramesh Khona; and then Kristina Ramesh Khona If I am incapacitated, my wife, or if she is also incapacitated or deceased, my Trust Protector may remove any Trustee with or without cause. If I am incapacitated and there is no named successor Trustee, my Trust Protector shall appoint an individual or a corporate fiduciary to serve as my successor Trustee. If my Trust Protector is unable or unwilling to act, my wife shall appoint my successor Trustee. If my wife is unable to name my successor, myTrust Protector shall appoint my successor Trustee. All appointments, removals and revocations shall be by signed written instrument. Ramesh M. Khona Living Trust 1 Notice of removal shall be delivered to the Trustee being removed and shall be effective in accordance with the provisions of the notice. Notice of appointment shall be delivered to and accepted by the successor Trustee and shall become effective at that time. A copy of the notice shall be attached to this agreement. Section 3.03 Trustee Succession After My Death After my death, this Section shall govern the removal and replacement of my Trustees. (a) Successor Trustees I appoint the following to serve as my successor Trustee upon my death, in the order named, replacing any then serving Trustee: Marian A. Khona; then Kishan Ramesh Khona; and then Kristina Ramesh Khona (b) Trustees of the Separate Trusts The beneficiary of a separate trust created under this agreement may, upon attaining the age of 25, appoint himself or herself as a Cotrustee of his or her separate trust to serve with the then serving Trustee. At any time a beneficiary is serving as a Trustee of his or her trust, there must be at least one other Trustee serving with the beneficiary. If a Trustee vacancy occurs and no designated successor Trustee is available to serve, the vacancy shall be filled as provided in subsection (d) of this Section. (c) Removal of a Trustee My wife may not remove a Trustee of any trust created under this agreement, except for cause, which removal must be approved by a court of competent jurisdiction. In no event shall the court petitioned to approve the removal of a Trustee attain any jurisdiction over the trust except to the extent necessary to approve or disapprove removal of a Trustee. A Trustee may be removed only for cause, which removal must be approved by a court of competent jurisdiction upon the petition of any beneficiary. This shall not limit the authority of a Trust Protector to remove a Trustee under the provisions of Section 3.1 O(i) of this Article. Ramesh M. Khona Living Trust 2 In no event shall the court petitioned to approve the removal of a Trustee acquire any jurisdiction over the trust except to the extent necessary to approve or disapprove removal of a Trustee. If a beneficiary is a minor or is incapacitated, the parent or legal representative of the beneficiary may act on behalf of the beneficiary. (d) Default of Designation If the office of Trustee of a trust created under this agreement is vacant and no designated successor Trustee is able and willing to act as Trustee, my Trust Protector shall appoint a successor Trustee. If my Trust Protector is unable or unwilling to act, my wife shall appoint an individual or corporate fiduciary that is not related or subordinate to the person or persons making the appointment within the meaning of Section 672( c) of the Internal Revenue Code as successor Trustee. If my Trust Protector is unable or unwilling to act and my wife is deceased, a majority of the income beneficiaries of the trust shall appoint an individual or corporate fiduciary that is not related or subordinate to the person or persons making the appointment within the meaning of Section 672( c) of the Internal Revenue Code as successor Trustee. If there are no income beneficiaries, then a majority of all beneficiaries shall make the appointment. Any beneficiary may petition a court of competent jurisdiction to appoint a successor Trustee to fill any vacancy remaining unfilled after a period of 30 days. By making such appointment, the court shall not thereby acquire any jurisdiction over the trust, except to the extent necessary for making the appointment. If a beneficiary is a minor or is incapacitated, the parent or legal representative of the beneficiary may act on behalf of the beneficiary. Section 3.04 Notice of Removal and Appointment Notice of removal shall be in writing and shall be delivered to the Trustee being removed and to any other Trustees then serving. The notice of removal shall be effective in accordance with its provisions. Notice of appointment shall be in writing and shall be delivered to the successor Trustee and any other Trustees then serving. The appointment shall become effective at the time of acceptance by the successor Trustee. A copy of the notice shall be attached to this agreement. Ramesh M. Khona Living Trust 3 Section 3.05 Appointment of a Cotrustee Any individual Trustee may appoint an individual or a corporate fiduciary as a Cotrustee. A Cotrustee so named shall serve only as long as the Trustee who appointed such Cotrustee (or, if such Cotrustee was named by more than one Trustee acting together, by the last to serve of such Trustees) serves, and such Cotrustee shall not become a successor Trustee upon the death, resignation, or incapacity of the Trustee who appointed such Cotrustee, unless so appointed under the terms of this agreement. The Trustee appointing a Co trustee may revoke the appointment at any time with or without cause. Section 3.06 Corporate Fiduciaries Any corporate fiduciary serving under this agreement as a Trustee must be a bank, trust company, or public charity that is qualified to act as a fiduciary under applicable federal and state law and that is not related or subordinate to any beneficiary within the meaning of Section 672(c) of the Internal Revenue Code. Such corporate fiduciary shall: Have a combined capital and surplus of at least Ten Million Dollars; or Maintain in force a policy of insurance with policy limits of not less than Ten Million Dollars covering the errors and omissions of my Trustee with a solvent insurance carrier licensed to do business in the state in which my Trustee has its corporate headquarters; or Have at least One Hundred Million Dollars in assets under management. Section 3.07 Incapacity of a Trustee If any individual Trustee, other than me, shall become incapacitated, it shall not be necessary for the incapacitated Trustee to resign as Trustee. A written declaration of incapacity by the Cotrustee, if any, or, if none, by the party designated to succeed the incapacitated Trustee, if made in good faith and if supported by a written opinion of incapacity by a physician who has examined the incapacitated Trustee, shall terminate the trusteeshi p. Section 3.08 Appointment of Independent Special Trustee If for any reason the Trustee of any trust created under this agreement is unwilling or unable to act with respect to any trust property or any provision of this agreement, my Trust Protector shall appoint, in writing, a corporate fiduciary or an individual to serve as an Independent Special Trustee as to such property or with respect to such provision. The Independent Special Trustee appointed shall not be related or subordinate to any Ramesh M. Khona Living Trust 4 beneficiary of the trust within the meaning of Section 672(c) of the Internal Revenue Code. My Trust Protector may revoke any such appointment at will. An Independent Special Trustee shall exercise all fiduciary powers granted by this agreement unless expressly limited elsewhere in this agreement or by my Trust Protector in the instrument appointing the Independent Special Trustee. An Independent Special Trustee may resign at any time by delivering written notice of resignation to my Trust Protector. Notice of resignation shall be effective in accordance with the terms of the notice. Section 3.09 Rights and Obligations of Successor Trustees Each successor Trustee serving under this agreement, whether corporate or individual, shall have all of the title, rights, powers and privileges granted to the initial Trustees named under this agreement. In addition, each successor Trustee shall be subject to all of the restrictions imposed upon and obligations and duties, discretionary and ministerial, given to the initial Trustees named under this agreement. Section 3.10 Provisions for Trust Protector The function of the Trust Protector is to assist, if needed, in protecting the interests of my beneficiaries and in achieving my objectives as manifested by the other provisions of this agreement. Any successor Trust Protector named or appointed under this Section shall be a corporate fiduciary or an individual who is not related or subordinate to any beneficiary within the meaning of Section 672( c) of the Internal Revenue Code. (a) Designation of Trust Protector I appoint John E. McCullough, Esquire to serve as Trust Protector of each trust created under this agreement. (b) Resignation of Trust Protector A Trust Protector may resign by giving notice to me. If I am deceased, a resigning Trust Protector shall give notice to the income beneficiaries of the trust and to the Trustee then serving. Such resignation shall take effect on the date set forth in the notice, which date shall not be earlier than thirty (30) days after the date of delivery of the notice of resignation, unless an earlier effective date shall be agreed to by me or by a majority of the income beneficiaries of the trust. A resigning Trust Protector shall not be liable or responsible for the act of any successor Trust Protector. Ramesh M. Khona Living Trust 5 (c) Removal and Replacement by Me I may remove any Trust Protector with or without cause at any time. If a Trust Protector is removed, resigns or cannot continue to serve for any reason, I may appoint a successor Trust Protector. (d) Successor Trust Protectors During any time that I am incapacitated and following my death, if John E. McCullough, Esquire should fail to qualify or cease to serve as Trust Protector, Stefan C. Nicholas, Esquire shall serve as the successor Trust Protector. Upon any further vacancy, the corporate fiduciary or individual effectively named by a serving Trust Protector as provided in the next subsection shall serve as successor Trust Protector. (e) Authority of My Trust Protector to Appoint a Successor Trust Protector Any Trust Protector (including successors) shall have the right to appoint a successor Trust Protector in writing, such appointment to take effect upon the death, resignation or incapacity of the appointing Trust Protector. If I have named a successor Trust Protector, the appointment of a successor Trust Protector under this subsection shall take effect only if and when all Trust Protectors that I have named fail to qualify or cease to act. (f) Removal by Beneficiaries After my death, a majority of the income beneficiaries may remove a Trust Protector with or without cause at any time. (g) Default of a Designated Trust Protector If the office of Trust Protector for a trust is vacant and there is no effectively named successor Trust Protector, a majority of the income beneficiaries of the trust may appoint a successor Trust Protector for the trust. (h) Rights of Successor Trust Protectors Any successor Trust Protector shall have all of the authority of the Trust Protector by original appointment, but will not be responsible for the acts or omissions to act of its predecessor. (i) Power to Remove and Appoint Trustees During any time I am incapacitated and following my death, my Trust Protector shall have the authority to remove any Trustee of a trust created under this agreement. Ramesh M. Khona Living Trust 6 Whenever the office of Trustee of a trust is vacant and no successor Trustee is effectively named, my Trust Protector shall appoint an individual or a corporate fiduciary to serve as Trustee. A Trust Protector may not appoint itself as a Trustee and a Trust Protector may not simultaneously serve as both Trust Protector and Trustee. (j) Good Faith Standard Imposed The authority of my Trust Protector is conferred in a fiduciary capacity; however, my Trust Protector shall not be liable for any action taken in good faith. My Trust Protector shall not be liable for any act or omission to act and shall be reimbursed promptly for any costs incurred in defending or settling any claim brought against it in its capacity as Trust Protector unless it is conclusively established that the act or omission to act was motivated by an actual intent to harm the beneficiaries of the trust or was an act of self-dealing for personal pecuniary benefit. (k) Power to Amend Trust Agreement During any time I am incapacitated and following my death, my Trust Protector may amend any provision of this agreement as it applies to any trust to which the Trust Protector is serving as Trust Protector to: Alter the administrative and investment powers of my Trustee; Reflect tax or other legal changes that affect trust administration; Correct ambiguities, including scrivener errors, that might otherwise require court construction or reformation; Grant a beneficiary of any trust created under this agreement the unlimited and unrestricted testamentary general power to appoint to the creditors of the beneficiary's estate, or otherwise, any property remaining in trust with an inclusion ratio greater than zero, which in the absence of the exercise of a power of appointment would pass to a skip person for generation skipping transfer tax purposes. Notwithstanding the foregoing my Trust Protector shall not amend this agreement in any manner that would result in a reduction in the estate tax marital deduction under Section 2056 of the Internal Revenue Code or the estate tax charitable deduction under Section 2055 to which my estate Ramesh M. Khona Living Trust 7 would otherwise be entitled or limit or alter the rights of a beneficiary in any trust assets held by the trust before the amendment. An amendment made by my Trust Protector in good faith shall be conclusive on all persons interested in the trust and my Trust Protector shall not be liable for the consequences of any amendment or for not having amended the trust. An amendment to this agreement shall be made in a written instrument signed by my Trust Protector. My Trust Protector shall deliver a copy of the amendment to the income beneficiaries and my Trustee. (I) Not a General Power of Appointment Notwithstanding any other provision in this agreement to the contrary, my Trust Protector shall not participate in the exercise of a power or a discretion conferred under this agreement that would cause my Trust Protector to possess a general power of appointment within the meaning of Sections 2041 and 2514 of the Internal Revenue Code. Specifically, my Trust Protector may not use such powers for his or her personal benefit, or for the discharge of his or her financial obligations. (m) Release of Powers My Trust Protector, acting on its own behalf and on behalf of all successor Trust Protectors, may at any time, by a written instrument delivered to my Trustee, irrevocably release, renounce, suspend or reduce any or all powers and discretions conferred on my Trust Protector by this agreement. (n) No Duty to Monitor My Trust Protector shall have no duty to monitor any trust created under this agreement in order to determine whether any of the powers and discretions conferred by this agreement on my Trust Protector should be exercised. Further, my Trust Protector shall have no duty to keep informed as to the acts or omissions of others or to take any action to prevent or minimize loss. Any exercise or non-exercise of the powers and discretions granted to my Trust Protector shall be in the sole and absolute discretion of my Trust Protector, and shall be binding and conclusive on all persons. My Trust Protector is not required to exercise any power or discretion granted under this agreement. (0) Compensation Any Trust Protector serving hereunder shall be entitled to receive (but not required to accept) reasonable compensation for services as determined by my Trustee. My Trust Protector shall be entitled to reimbursement for all Ramesh M. Khona Living Trust 8 expenses incurred in the performance of its duties as Trust Protector, including travel expenses. Serving in the capacity of Trust Protector shall not prevent my Trust Protector from also providing legal, investment or accounting services on behalf of the trust or the trust beneficiaries. If my Trust Protector is providing legal services, my Trust Protector is entitled to charge its normal and customary fees for services rendered or to be rendered and in addition is entitled to be compensated for its services as Trust Protector. (p) Right to Examine The books and records of each trust created under this agreement, including all documentation, inventories and accountings, shall be open and available for inspection by my Trust Protector at all reasonable times. Ramesh M. Khona Living Trust 9 Article Four Administration of My Trust During My Incapacity Section 4.01 Definition of My Incapacity I shall be considered incapacitated during any time that, because of age, illness, mental disorders, dependence on prescription medications or other substances, or any other cause, I am unable to effectively manage my property or financial affairs. Section 4.02 Determination of My Incapacity For purposes of this agreement, I am incapacitated if I am determined to be so under any one of the following subsections. (a) Private Determination I shall be deemed incapacitated if my "disability panel," by unanimous opinion, determines that my then existing circumstances fall within the definition of incapacity as provided in Section 4.01. I shall be deemed restored to capacity if each member of my disability panel signs a written opinion that I can effectively manage my property and financial affairs. (1) Disability Panel My disability panel shall consist of the following individuals: Spouse; and two physicians unrelated by blood or marrIage. My disability panel may consult with my primary care physician, my attending physician or any medical specialist for assistance in detem1ining my incapacity. Ramesh M. Khona Living Trust 1 (2) Replacement of Disability Panel Members If any member of my disability panel is for any reason unable to serve on my disability panel, then my disability panel will consist of the remaining named individuals. If all of the named individuals are unable to serve, then my disability panel will consist of my primary care physician or attending physician and the individual or corporate fiduciary that would then be serving as my Trustee if I had already been declared incapacitated. (b) Court Determination I shall be deemed incapacitated if a court of competent jurisdiction determines that I am legally incapacitated, incompetent, or otherwise unable to effectively manage my property or financial affairs. (c) Detention or Disappearance I shall be deemed incapacitated if I cannot effectively manage my property or financial affairs due to my unexplained disappearance or absence for more than 30 days, or if I am detained under duress. My disappearance, absence, or detention under duress may be established by an affidavit of my Trustee, or, if no Trustee is serving under this agreement, by the affidavit of any beneficiary under this agreement. The affidavit shall describe the circumstances of my disappearance, absence, or detention under duress. A third party dealing with my Trustee in good faith may always rely on the representations contained in the affidavit. Section 4.03 Trust Distributions During My Incapacity During any period of time that I am incapacitated, my Trustee shall administer my trust and distribute its net income and principal as provided in this Section. (a) Distributions for My Benefit My Trustee shall regularly and conscientiously make appropriate distributions of trust income and principal for my general welfare and comfort under the circumstances existing at the time such distributions are made. Distributions under this subsection shall include payments for any of my enforceable legal obligations. My Trustee may also make distributions for the payment of insurance premiums for insurance policies owned by me or by my trust, including but not limited to, life, medical, disability, property Ramesh M. Khona Living Trust 2 and casualty, errors and omissions and long-term health care lllsurance policies. The examples included in this subsection are for purposes of illustration only and are not intended to limit the authority of my Trustee to make distributions for my benefit that my Trustee determines to be appropriate. (b) Manner of Making Distributions My Trustee may make distributions for my benefit in anyone or more of the following ways: To me, but only to the extent I am able to manage such distributions; To other persons and entities for my use and benefit; To my agent or attorney-in-fact authorized to act for me under a legally valid durable power of attorney executed by me prior to my incapacity; To my guardian or conservator who has assumed responsibility for me under any court order, decree or judgment issued by a court of competent jurisdiction. (c) Distributions for the Benefit of My Wife or Dependent Descendants My Trustee may distribute as much of the net income and principal of my trust as my Trustee deems necessary for the health, education, maintenance or support of my wife. My Trustee may also distribute as much of the net income and principal as my Trustee deems necessary for the health, education, maintenance or support of my descendants, provided that my Trustee determines any of them to be dependent on me for support. (d) Guidance for My Trustee Regarding Distributions In making distributions under subsections (a) and (c), my Trustee shall give consideration first to my needs and the needs of my wife and then to the needs of those persons dependent on me. In order to assist my Trustee in exercising its discretionary authority regarding my care under this Paragraph, I leave the following instructions by way of illustration and not limitation: Ramesh M. Khona Living Trust 3 I wish to always remain as self sufficient as possible. My Trustee shall consider the following preferences for living arrangements: It is my desire to remain in my residence as long as possible, even if my mental or physical condition is such that I can no longer provide for myself. My Trustee is authorized to hire companions, nurses or others necessary to provide for my needs. If, due to my mental or physical condition, it is no longer practical for me to live in my current residence, then it is my desire that my Trustee provide a more suitable resi- dence for me. If it should become necessary for me to enter any hospice, nursing home, retirement center, convalescent home or similar establishment, it is my desire that the level of care provided be consistent with maintaining my maximum degree of independence. I direct my Trustee to always consult with my Health Care Representative appointed under my Health Care Power of Attorney regarding the appropriate balance between quality of care and living arrangements and economic reality. I specifically authorize my Trustee to expend any principal and net income of my trust to accomplish these purposes. I wish to remain mentally and physically active as long as possible. I direct my Trustee to provide opportunities for me to engage in social, recreational, and sports activities, including travel, as my health permits. Such decisions shall be made after consultation with my Health Care Representative. I further direct my Trustee to provide me with books, tapes, and similar materials consistent with my interests. I further direct my Trustee, in cooperation with my Health Care Representative, to provide for companionship for me Ramesh M. Khona Living Trust 4 consistent with my needs and preferences. I consider such continuing interaction to be essential. I direct my Trustee to consult with my Health Care Representative regarding all costs of my health care. My Trustee shall only pay those costs incurred as a result of the decisions reached by my Trustee and my Health Care Representative. My Trustee, in its sole and absolute discretion, is authorized to reimburse my Health Care Representative for expenses incurred. I further specifically prohibit my Trustee from expending any trust funds for medical treatment considered "extraor- dinary" or "heroic" by my Health Care Representative. The decision as to whether treatment shall be considered "extraordinary" or "heroic" shall be in the sole and absolute discretion of my Health Care Representative, as guided by the instructions contained in my Health Care Power of Attorney. I authorize my Trustee to make pre-need arrangements for me in accordance with the any written instructions that I have provided in that regard. If I have not completed any such written instructions, I authorize my Trustee, after consultation with my Health Care Representative, to make any pre-need arrangements considered necessary or appro- priate. Finally, my Trustee shall consider any other written instructions dated and signed by me. Any such instructions shall be incorporated by reference into this agreement. When making distributions under subsections (a) and (c), I request, but do not require, that my Trustee, in its sole and absolute discretion, consider the respective needs of those entitled to receive distributions. My Trustee may consider other income and resources available to the beneficiaries when making distributions. My Trustee may make unequal distributions, distributions to some but not all beneficiaries or no distributions. A distribution made to a beneficiary under this Section shall not be considered an advance and shall not be charged against the share of the beneficiary that may be distributable under any other provision of this agreement. Ramesh M. Khona Living Trust 5 (e) Distributions to Agents under General Durable Power of Attorney My Trustee may make distributions for the purpose of making gifts to any agent under a valid power of attorney executed by me as authorized in the power of attorney, or to assist my agent in carrying out my estate planning objectives. (f) Power to Make Gifts My Trustee is authorized to make gifts as provided in this subsection. (1) Continuation of My Gifting My Trustee is authorized to honor pledges and continue to make gifts to charitable organizations that I have regularly supported in the amounts I have customarily given. My Trustee may make gifts in order to assure the continuation of any gifting program initiated by me prior to the time I became incapacitated. (2) Gifts to Trust Beneficiaries My Trustee may make gifts on my behalf, limited in amount to the federal annual gift tax exclusion amount, to or for the benefit of any remainder or contingent beneficiary named in this agreement for purposes my Trustee considers to be in my best interest or in the best interest of the beneficiary, including, without limitation, the minimization of income, estate, inheritance or gift taxes. (3) Gifts for Tuition My Trustee may prepay the cost of tuition for any remainder or contingent beneficiary named in this agreement. My Trustee shall make such payments directly to the educational institution or by establishing and contributing to a Qualified State Tuition Program established under Section 529 of the Internal Revenue Code. (4) Gifts for Medical Expenses My Trustee may pay medical expenses for any remainder or contingent beneficiary named in this agreement as permitted under Section 2503( e) of the Internal Revenue Ramesh M. Khona Living Trust 6 Code. My Trustee shall make such payments directly to the medical provider. (5) Gift Splitting Authorized My Trustee is authorized to consent to the splitting of gifts under Section 2513 of the Internal Revenue Code or under similar provisions of any state or local gift tax laws. (6) Gifts by Interested Trustees Limited to Ascertainable Standards An Interested Trustee may only make gifts that are necessary for the health, education, maintenance or support of the person to whom gifts are made. The Trustee is not required to consider other income and resources available to the person to whom a gift is made. (7) Methods of Making Gifts My Trustee may make gifts of trust property under this subsection outright, in trust or in any other manner that my Trustee, in its sole and absolute discretion, deems appropriate. By way of example and without limiting my Trustee's powers under this subsection, my Trustee is specifically authorized to make gifts by creating tenancy in common and joint tenancy interests or establishing irrevocable trusts including charitable or non-charitable split interest trusts. My Trustee may make gifts of trust property by establishing and contributing trust property to corporations, family limited partnerships, limited liability partnerships, limited liability companies or other similar entities and by making gifts of interests in any of those entities. To accomplish the objectives described in this subsection, my Trustee may establish and maintain financial accounts of all types and may execute, acknowledge, seal and deliver deeds, assignments, agreements, authorizations, checks and other instruments. My Trustee may prosecute, defend, submit to arbitration, settle or propose or accept a compromise with respect to a claim existing in favor of or against me based on or involving a gift transaction on my behalf and may intervene in any related action or proceeding. Ramesh M. Khona Living Trust 7 My Trustee may perform any other act my Trustee considers necessary or desirable to complete a gift on my behalf in accordance with the provisions of this subsection. (8) Standard for Making Gifts It is my desire that in making gifts on my behalf, my Trustee consider the history of my gift making and my estate plan. To the extent reasonably possible, I direct my Trustee to avoid disrupting the dispositive provisions of my estate plan as established by me prior to my incapacity. Ramesh M. Khona Living Trust 8 Article Five Administration of My Trust Upon My Death Section 5.01 My Trust Shall Become Irrevocable Upon my death, my trust shall become irrevocable and my social security number may no longer be used to identify my trust. My Trustee shall apply for a separate taxpayer identification number for my trust. Section 5.02 Administrative Trust After my death and prior to the distribution of trust property as provided in the subsequent Articles of this agreement, my trust shall be an administrative trust but may continue to be known as the Ramesh M. Khona Living Trust. My administrative trust shall exist for a reasonable period of time necessary to complete the administrative tasks set forth in this Article. Section 5.03 Payment of My Expenses and Taxes My Trustee is authorized but not directed to pay from the administrative trust: Expenses of my last illness, funeral and burial or cremation, including expenses of memorials and memorial services; Legally enforceable claims against me or my estate; Expenses of administering my trust and my estate; and Court ordered allowances for those dependent upon me. These authorized payments are discretionary with my Trustee. My Trustee may make decisions on these payments without regard to any limitation on payment of such expenses imposed by law and may make payments without obtaining the approval of any court. No third party may enforce any claim or right to payment against my trust by virtue of this discretionary authority. My Trustee shall not pay any administrative expenses from assets passing to an organization that qualifies for the federal estate tax charitable deduction or to a split-interest charitable trust or from the net income of property qualifying for the estate tax marital deduction, if such payment would result in a reduction in the estate tax marital deduction available to my estate under Section 2056(b) Ramesh M. Khona Living Trust 1 of the Internal Revenue Code or violate the provisions of Treasury Regulation Section 20.2056(b )-4( d). My Trustee shall pay death taxes out of the principal of the trust property as provided in Section 5.05. If, however, a probate estate is opened within six months from the date of my death, my Personal Representative shall pay claims, expenses and death taxes from my probate estate to the extent that the cash and readily marketable assets included in my probate estate are sufficient to pay such items unless my Trustee has already paid them. Section 5.04 Restrictions on Certain Payments from Qualified Retirement Plans The "designation date" shall mean September 30 of the calendar year following the calendar year in which my death occurs, or on or after such other date as shall be established by Treasury Regulations or other tax law authority as the final date for determining whether this trust meets the requirements for treatment of the trust's beneficiaries as if they had been named directly as beneficiary of any qualified retirement plan payable to this trust. Notwithstanding any other provision of this agreement or state law to the contrary, my Trustee may not, on or after the "designation date", distribute to or for the benefit of my estate, any charity or any other non-individual beneficiary any qualified retirement benefit payable to a trust created under this agreement. It is my intent that all such qualified retirement benefits held by or payable to this trust on or after the designation date be distributed to or held for only individual beneficiaries, within the meaning of Section 401 (a)(9) of the Internal Revenue Code. Accordingly I direct that qualified retirement benefits not be used or applied on or after the designation date for payment of my debts, taxes, expenses of administration or other claims against my estate or for payment of estate, inheritance or similar transfer taxes due on account of my death. This paragraph shall not apply to any bequest or expense that is specifically directed to be funded with qualified retirement benefits. Section 5.05 Payment of Death Taxes For the purposes of this Article, the term "death taxes" shall refer to any taxes imposed by reason of my death by federal, state or local authorities, including but not limited to estate, inheritance, gift, and direct-skip generation-skipping transfer taxes. For purposes of this Section, death taxes shall not include any additional estate tax imposed by Section 2031(c)(5)(C), Section 2032A(c) or Section 2057(f) of the Internal Revenue Code or any other comparable recapture tax imposed by any taxing authority. Nor shall death taxes include any generation-skipping transfer tax, other than a direct skip generation-skipping transfer tax. Ramesh M. Khona Living Trust 2 Except as otherwise provided in this Section or elsewhere in this agreement, my Trustee shall provide for payment of all death taxes from the administrative trust without apportionment. My Trustee shall not seek contribution toward or recovery of any such payments from any individual. (a) Protection of Exempt Property In no event shall death taxes be allocated to or paid from any assets that are not included in my gross estate for federal estate tax purposes. (b) Protection of the Marital Deduction Notwithstanding anything to the contrary in this agreement, no death taxes shall be paid from or allocated to any property qualifying for the federal estate tax marital deduction. (c) Protection of the Charitable Deduction Notwithstanding anything in this agreement to the contrary, no death taxes shall be allocated to or paid from any assets passing to an organization that qualifies for the federal estate tax charitable deduction, or from any assets passing to a split-interest charitable trust, unless my Trustee has first used all other assets available to my Trustee to pay the taxes. (d) Property Passing Outside of My Trust Except as to qualified retirement benefits, death taxes imposed with respect to property included in my gross estate for death tax purposes but passing outside of my trust shall be apportioned among the persons and entities benefited in the proportion that the taxable value of the property or interest bears to the total taxable value of all property and interests included in my gross estate for death tax purposes. The values to be used for the apportionment shall be the values as finally determined under federal, state or local law as the case may be. I direct that no death taxes be apportioned to any property included in my gross estate under Section 2044 of the Internal Revenue Code to the extent that my Trustee or my Personal Representative waives any right of recovery granted by Section 2207 A and corresponding provisions of applicable state law. Section 5.06 Coordination with My Personal Representative The following provisions are intended to help facilitate the coordination between my Personal Representative, if any, and my Trustee. These provisions apply even if my Personal Representative and my Trustee are the same person or entity. Ramesh M. Khona Living Trust 3 (a) Reliance on My Personal Representative My Trustee may rely upon the written request of my Personal Representative for payments authorized under this Article and the amounts included in such payments without computing the sums involved. If a payment is made under this Article to my Personal Representative, my Trustee shall not have any duty to inquire into the application of the payment. (b) Receipt of Probate Property My Trustee may accept or decline any distributions of property tendered to my Trustee by my Personal Representative. As to property deemed acceptable by my Trustee, my Trustee may accept the property without audit and without obligation to review the records of my Personal Representative. (c) Purchase of Assets from and Loans to My Probate Estate My Trustee is authorized to purchase and retain, as an investment for my trust estate, any property that forms a part of my probate estate. My Trustee may make loans, with or without security, to my probate estate. My Trustee shall not be liable for any loss suffered by my trust as a result of the exercise of the powers granted to my Trustee in this subsection. (d) Discretionary Distributions to My Personal Representative My Trustee is authorized to distribute to my probate estate, as a beneficiary of this trust, cash or other trust property, including accrued income, to whatever extent my Trustee determines it to be in the best interests of the beneficiaries of my trust. Section 5.07 Tax Elections Following my death, I authorize my Trustee to make tax elections as provided in this Section. If, however, a personal representative is appointed for my probate estate and as my Personal Representative is the recipient of specific statutorily delegated authority relative to any tax election, the discretionary authority granted my Trustee relative to the tax election shall be subordinate to the statutorily delegated authority. (a) Tax Elections My Trustee's authority to make tax elections shall include, but shall not be limited to, the right to choose the alternate valuation date, the right to elect whether to take administration expenses as estate tax deductions or income tax deductions, the right to allocate my unused generation-skipping Ramesh M. Khona Living Trust 4 exemption to all or any portion of the trust property, the right to make special use valuation elections, and the right to defer payment of all or any portion of any taxes. My Trustee may elect to treat my administrative trust as part of my estate for federal or state income tax purposes or both. My Trustee may elect to have trust property qualify for the "family owned business deduction" authorized under Section 2057 of the Internal Revenue Code. My Trustee may enter into any agreement on behalf of my trust that is necessary to validly make such election under the Internal Revenue Code. My Trustee, in its sole and absolute discretion, may elect to waive, in whole or in part, my right to have my estate be reimbursed for any tax paid as a result of the inclusion in my taxable estate of property held in a qualified terminable interest property (QTIP) trust created for me by my wife. My Trustee may make equitable adjustments between income and principal on account of any tax elections made by my Trustee. (b) Qualified Terminable Interest Property My Trustee may elect to have any trust property qualify for the federal estate tax marital deduction as qualified terminable interest property under Section 2056(b )(7) of the Internal Revenue Code (the "QTIP Election") and for any state death tax marital deduction under the law of any state (the "state QTIP Election"). My Trustee is not required to make the same election for both federal estate tax purposes and for state death tax purposes. My Trustee shall be indemnified and held harmless from any loss, claim or damage incurred by it as a result of any action taken by a beneficiary against my Trustee arising out of my Trustee's decision to make or not make the QTIP election with respect to any portion of the trust property. My Trustee is expressly authorized to use my trust property to reimburse any costs or expenses incurred by my Trustee in defending against any legal action, whether threatened or actual, arising under this provision. My Trustee may make the special election under Section 2652(a)(3) of the Internal Revenue Code to treat some or all of the trust property as to which the QTIP election is made as if the QTIP election with respect to the property had not been made, making me the transferor of such property for purposes of the generation-skipping transfer tax. It is my desire that my Trustee set apart the property to which such election has been made as a Ramesh M. Khona Living Trust 5 separate trust so that the inclusion ratio of the separate qualified trust, as defined in the Internal Revenue Code, is zero. (c) Allocation of GST Exemption My Trustee may elect to allocate or not allocate any portion of the available GST exemption under Section 2631 of the Internal Revenue Code, or a counterpart exemption under any applicable state law, to any property of which I am the transferor for generation-skipping transfer tax purposes, including any property transferred by me during my life as to which I did not make an allocation prior to death. The exercise of such discretion shall be based on the transfers, gift tax returns and other information known to my Trustee, with no requirement that allocations benefit the various transferees or beneficiaries equally, proportionally, or in any other particular manner. (d) Qualified Conservation Easements My Trustee may create a qualified conservation easement, as defined in Section 2031 (c )(8)(A) of the Internal Revenue Code in any land held by my trust and make the necessary election provided by Section 2031 (c)( 6). Section 5.08 Payment of Charitable Bequests I instruct my Trustee to satisfy all of my charitable gifts and bequests, to the extent possible, from property that constitutes income in respect of a decedent. Ramesh M. Khona Living Trust 6 Article Six Specific Distributions and Disposition of Tangible Personal Property Section 6.01 Specific Distribution to Hira Lapasia As soon as practicable after my death, even if my wife survives me, my Trustee shall distribute $10,000 to my sister, Hira Lapasia. If Hira Lapasia should predecease me, her distribution shall be distributed to her descendants, per stirpes. Should Hira Lapasia have no living descendants, her distribution shall lapse and the property subject to this distribution shall instead be distributed under the other provisions of this agreement. Property passing under this Section shall pass free of any administrative expenses or death taxes. Section 6.02 Specific Distribution to Rema Solanki As soon as practicable after my death, even if my wife survives me, my Trustee shall distribute $10,000 to my sister, Rema Solanki.. If Rema Solanki should predecease me, her distribution shall be distributed to her descendants, per stirpes. Should Rema Solanki have no living descendants, her distribution shall lapse and the property subject to this distribution shall instead be distributed under the other provisions of this agreement. Property passing under this Section shall pass free of any administrative expenses or death taxes. Section 6.03 Specific Distribution to Anupama Momaya As soon as practicable after my death, even if my wife survives me, my Trustee shall distribute $10,000 to my sister, Anupama Momaya. If Anupama Momaya should predecease me, her distribution shall be distributed to her descendants, per stirpes. Should Anupama Momaya have no living descendants, her distribution shall lapse and the property subject to this distribution shall instead be distributed under the other provisions of this agreement. Ramesh M. Khona Living Trust 1 Property passing under this Section shall pass free of any administrative expenses or death taxes. Section 6.04 Specific Distribution to Jaya Shah As soon as practicable after my death, even if my wife survives me, my Trustee shall distribute $10,000 to my sister, J aya Shah. If Jaya Shah should predecease me, her distribution shall be distributed to her descendants, per stirpes. Should Jaya Shah have no living descendants, her distribution shall lapse and the property subject to this distribution shall instead be distributed under the other provisions of this agreement. Property passing under this Section shall pass free of any administrative expenses or death taxes. Section 6.05 Specific Distribution to Chiman Khona As soon as practicable after my death, even if my wife survives me, my Trustee shall distribute $10,000 to my brother, Chiman Khona. If Chiman Khona should predecease me, his distribution shall be distributed to his descendants, per stirpes. Should Chiman Khona have no living descendants, his distribution shall lapse and the property subject to this distribution shall instead be distributed under the other provisions of this agreement. Property passing under this Section shall pass free of any administrative expenses or death taxes. Section 6.06 Specific Distribution to Kishan Ramesh Khona As soon as practicable after my death, even if my wife survives me, my Trustee shall 10% of the common stock of the company commonly known as Gannett Fleming, Inc. (or its traceable proceeds) to Kishan Ramesh Khona. If Kishan Ramesh Khona should predecease me, this distribution shall lapse and the property subject to this distribution shall instead be distributed under the other provisions of this agreement. Property passing under this Section shall pass free of any administrative expenses or death taxes. Ramesh M. Khona Living Trust 2 Section 6.07 Specific Distribution to Kishan Ramesh Khona As soon as practicable after my death, even if my wife survives me, my Trustee shall 10% of the common stock of the company commonly known as Gannett Fleming, Inc. (or its traceable proceeds) to Kristina Khona. If Kristina Khona should predecease me, this distribution shall lapse and the property subject to this distribution shall instead be distributed under the other provisions of this agreement. Property passing under this Section shall pass free of any administrative expenses or death taxes. Section 6.08 Specific Distribution to Kevin Ramesh Khona As soon as practicable after my death, even if my wife survives me, my Trustee shall 10% of the common stock of the company commonly known as Gannett Fleming, Inc. (or its traceable proceeds) to Kevin Ramesh Khona. If Kevin Ramesh Khona should predecease me, this distribution shall lapse and the property subject to this distribution shall instead be distributed under the other provisions of this agreement. Property passing under this Section shall pass free of any administrative expenses or death taxes. Section 6.09 istribution of Tangible Personal Property by Memoranda I reserve the right to make dispositions of items of tangible personal property by a signed written memorandum executed after I sign this agreement that refers to my trust and lists items of tangible personal property and designates the beneficiary of each item. If I execute a memorandum, the memorandum is to be incorporated by reference into this agreement to the extent permitted by law. I direct that upon my death, my Trustee distribute the items of tangible personal property listed in the memorandum, together with any insurance policies covering such property and claims under such policies, as provided in the memorandum. Should I leave multiple written memoranda that conflict as to the disposition of any item of tangible personal property, the memorandum with the most recent date shall control as to those items that are in conflict. If the memorandum can not legally be incorporated by reference, the memorandum shall then be treated as an amendment to my trust and I request that my Trustee follow my Ramesh M. Khona Living Trust 3 wishes and distribute the items of tangible personal property listed in the memorandum according to its terms., Section 6.10 Distribution of Remaining Tangible Personal Property My Trustee shall distribute any tangible personal property not disposed of by a written memorandum to my wife, if she survives me. If she does not survive me, my Trustee shall distribute such property to my children but not to their descendants, in shares of substantially equal value, to be divided among my children as my children shall agree. In the event that my Trustee determines that a child is incapable of acting in the child's best interest, my Trustee shall appoint a person to represent the child in the division. If my children are unable to agree upon the division of the property within 6 months after my death, my Trustee shall make the division. My Trustee may use a lottery or rotation system or any other method of allocation to determine the order of selection and distribution of the property. Alternatively, my Trustee may sell all or any portion of the property and distribute the net proceeds equally among my living children. My Trustee shall incur no liability to any party for any decision made by my Trustee with respect to either the division or sale of my tangible personal property, and any decision made by my Trustee shall be final and binding on all of my beneficiaries. Section 6.11 Definition of Tangible Personal Property For purposes of this Article, my tangible personal property shall include but not be limited to my household furnishings, appliances and fixtures, works of art, motor vehicles, pictures, collectibles, personal wearing apparel and jewelry, books, sporting goods, and hobby paraphernalia. My tangible personal property shall not include any property that my Trustee, in its sole and absolute discretion, determines to be part of any business or business interest owned by me or my trust. If my Trustee receives property to be distributed under this Article from my probate estate or in any other manner after my death, my Trustee shall distribute the property, free of trust, in accordance with this Article. The fact that an item of tangible personal property was not received by my trust until after my death shall not affect the validity of the gift. If property to be distributed under this Article is not part of the trust property upon my death and is not subsequently transferred to my Trustee from my probate estate or in any other manner after my death, then the specific distribution of property made in this Article shall be considered null and void, without any legal or binding effect. Ramesh M. Khona Living Trust 4 Section 6.12 Encumbrances and Incidental Expenses of Tangible Personal Property My Trustee shall distribute property under this Article subject to any liens, security interests or other encumbrances on the property. My Trustee shall pay, as an administration expense, the reasonable expenses of storing, insuring, packing, transporting and otherwise caring for my tangible personal property until each item of property is actually delivered to the appropriate beneficiary. Section 6.13 Residuary Distribution Any tangible personal property not distributed under this or prior Articles of this agreement shall be distributed as provided in the Articles that follow. Ramesh M. Khona Living Trust 5 Article Seven Creation of Trust Shares Upon My Death If my wife has predeceased me, my Trustee shall administer the remaining trust property as provided in Section 7.05. If my wife survives me, my Trustee shall divide the remaining trust property into two separate shares as provided in Section 7.02(a) and 7.02(b). One share shall be designated the "Marital Share" and the other share shall be designated the "Non-Marital Share." Section 7.01 Division of My Trust (No Federal Estate Tax) If there is no federal estate tax in effect at my death and Section 1022 of the Internal Revenue Code is in effect, my Trustee shall allocate to the Non-Marital Share assets from the remaining trust property selected by my Trustee that shall collectively have a sufficient amount of appreciation to fully utilize the entire aggregate basis increase allowed under Section I 022(b) of the Internal Revenue Code. From the remaining trust property, my Trustee shall allocate to the Marital Share trust property selected by my Trustee that, taking into account any other property passing to my wife by reason of my death (whether under or outside of this agreement) shall collectively have a sufficient amount of appreciation to fully utilize the spousal property basis increase available to my estate under Section 1 022( c) of the Internal Revenue Code. My Trustee shall then allocate the remaining trust property to the Non-Marital Share. My Trustee shall administer the Non-Marital Share as provided in Article Ten. (a) Allocation of Assets My Trustee shall satisfy the gifts to the Non-Marital Share and the Marital Share with trust property having the lowest fair market value necessary to utilize the basis increase allowed under Sections 1 022(b) and ( c) of the Internal Revenue Code, except I specifically authorize my Trustee, other than an interested Trustee to depart from this direction if my Trustee determines that there is good reason to do so. My Trustee may consider whether an asset is more likely to be sold in the near future than another asset and whether to preserve certain assets of the trust for future generations. A Trustee, acting in good faith, shall not be liable to any beneficiary for exercising or failing to exercise its discretion in making allocations under this Section. Ramesh M. Khona Living Trust 1 (b) My Wife's Interest in Community Property Any interest my wife has in community property that is or becomes trust property at my death shall be allocated to the Marital Share. My wife shall have the absolute and unrestricted right to withdraw all of the net income and trust principal consisting of her community property. Section 7.02 Division of My Trust (Federal Estate Tax Exists) If the federal estate tax is in effect at my death, my Trustee shall divide the remaining trust property into the Marital Share and the Non-Marital Share as provided in this Section. (a) Creation of the Marital Share My Trustee shall allocate to the Marital Share a fractional share of the remaining trust property calculated as follows: (1) The Numerator The numerator of the fraction shall equal the mInimUm amount that will produce a marital deduction, assuming for purposes of determining the minimum amount that the minimum amount qualifies for the marital deduction allowable in computing such tax, sufficient to reduce the federal estate tax to the lowest possible amount. In computing the numerator, my Trustee shall take into account my gifts (including gifts treated as made by me) and all deductions, exclusions, credits and reductions in value allowed in computing such tax; provided, however, that any state death tax credit shall be taken into account for this purpose only to the extent that it does not increase the amount of state death taxes payable. (2) The Denominator The denominator shall consist of the value of the remaining trust property as finally determined for federal estate tax purposes. The Marital Share shall carry its pro rata share of the income, provided that in no event shall the Marital Share receive less income than that required to be paid to my wife under applicable state law. Ramesh M. Khona Living Trust 2 (b) Creation of the Non-Marital Share My Trustee shall allocate the balance of the trust property to the Non- Marital Share. My Trustee shall administer the Non-Marital Share as provided in Article Eight. (c) Funding the Fractional Share My Trustee shall have complete authority and discretion to satisfy the fractional gift in cash or in kind, or partly in cash and partly in kind, or in undivided interests in property. To the extent that there are insufficient assets qualifying for the marital deduction to fully fund the Marital Share, the amount of the funding to the Marital Share shall be reduced accordingly, and I acknowledge that the amount of funding may be affected by actions of my Trustee and my Personal Representative in making certain tax elections. The fraction, once calculated as set forth above, shall be fixed and shall not vary with changes in the value of the property subsequent to the valuation date used for federal estate tax purposes. Since the fractional gift is not intended to be a gift of a specified dollar amount or pecuniary in nature, my Trustee shall apply the fraction to the assets of the trust at their actual value on the effective date or dates of allocation so that the actual value of the fractional share of the trust property resulting from the application of such fraction will reflect fluctuations in the value of the trust property. Allocations of assets by my Trustee shall be limited as set forth below. (1) Ineligible Assets My Trustee shall not allocate property or the proceeds of any property to the Marital Share that does not qualify for the federal estate tax marital deduction. (2) Tax Consequences of Certain Allocations I request that my Trustee always consider the tax consequences of allocating or distributing to the Marital Share any policy of insurance that insures the life of my wife, property subject to the foreign death credit, property on which a tax credit is available, or property that is income in respect of a decedent under the Internal Revenue Code. (3) My Wife's Interest in Community Property Any interest my wife has in community property that is or becomes trust property at my death, even though not Ramesh M. Khona Living Trust 3 included in my gross estate for federal estate tax purposes and not included in the computation for the fractional share, shall be allocated to the Marital Share. My wife shall have the absolute and unrestricted right to withdraw all of the net income and trust principal consisting of her community property. Section 7.03 Further Division of the Marital Share My Trustee shall divide the Marital Share into two shares, to be designated the Exempt Marital Share and the Nonexempt Marital Share as provided in this Section. Such designations shall be effective as of the date of my death. (a) Creation of the Exempt Marital Share My Trustee shall allocate to the Exempt Marital Share a pecuniary amount equal to the amount of my available GST Exemption less the value of the Non-Marital Share. If the value of the Non-Marital Share is greater than my available GST Exemption, there shall be no Exempt Marital Share. In making the computations necessary to determine the amount of the Exempt Marital Share, my Trustee shall use the value of those assets as finally determined for federal estate tax purposes. In the event there is no federal generation-skipping transfer tax in effect, my Trustee shall allocate all of the Marital Share to the Exempt Marital Share. My Trustee shall administer the Exempt Marital Share as provided In Article Ten. (b) Creation of the Nonexempt Marital Share My Trustee shall allocate the balance of the Marital Share to the Nonexempt Marital Share. My Trustee shall distribute the Nonexempt Marital Share outright to my wife, free of trust. (c) Funding the Exempt Marital Share My Trustee shall have complete authority and discretion to fund the Exempt Marital Share in cash or in kind, or partly in cash and partly in kind, or in undivided interests in property. My Trustee shall value all property allocated in kind to the Exempt Marital Share in satisfaction of the pecuniary amount at those values as finally determined for federal estate tax purposes. Provided however, the aggregate fair market value of the cash and other property allocated to the Ramesh M. Khona Living Trust 4 Exempt Marital Share must have an aggregate fair market value fairly representative of the appreciation or depreciation in value to the dates of sale or dates of distribution of all assets available for distribution to the Exempt Marital Share. Section 7.04 Disposition of Property Upon Disclaimer by My Wife My wife shall have the right within the time and in the manner provided by law to disclaim any portion or all of the property passing to or for her benefit under this agreement. If my wife disclaims any portion of the property that would otherwise be allocated to the Marital Share, my Trustee shall add the disclaimed property to the Non- Marital Share. Ifmy wife disclaims the interest she has in any portion of the Non-Marital Share, my Trustee shall dispose of the disclaimed interest under the provisions of this agreement as though she had predeceased me. My wife's right to disclaim any portion or all of the property passing to or for her benefit under this agreement shall either be exercised by my wife personally, or by any fiduciary or agent appointed by my wife who is specifically empowered to exercise her right to disclaim by the terms of the appointment, or under applicable law. Section 7.05 Division of My Trust if My Wife has Predeceased Me If my wife has predeceased me, my Trustee shall divide the remaining trust property into Exempt and Nonexempt Shares as provided in this Section. (a) Creation of the Exempt Share My Trustee shall allocate to the Exempt Share a pecuniary amount equal to my available GST Exemption as defined in Article Seventeen. In making the computations necessary to determine the amount to be allocated to the Exempt Share, my Trustee shall use those values as finally determined for federal estate tax purposes. If there is no federal generation-skipping transfer tax in effect, my Trustee shall allocate all of the remaining trust property to the Exempt Share. My Trustee shall administer the Exempt Share as provided in Article Ten. (b) Creation of the Nonexempt Share My Trustee shall allocate the balance of the property to the Nonexempt Share. My Trustee shall administer the Nonexempt Share as provided in Article Eleven. Ramesh M. Khona Living Trust 5 (c) Funding the Exempt Share My Trustee shall have complete authority and discretion to satisfy the Exempt Share in cash or in kind, or partly in cash and partly in kind, or in undivided interests in property. All property allocated in kind to the Exempt Share shall be deemed to satisfy the Exemption Amount on the basis of its value as finally determined for federal estate tax purposes. Provided however, the cash and other property allocated to the Exempt Share must fairly reflect the net appreciation or net depreciation in all the assets from which the Exempt Share may be funded. (d) Allocation of GST Exemption I recommend, but do not require, that my Personal Representative or my Trustee allocate my available GST Exemption to the Exempt Share. Ramesh M. Khona Living Trust 6 Article Eight The Exempt Marital Trust My Trustee shall hold and administer the Exempt Marital Share in trust as provided in this Article. The trust will be referred to as the "Exempt Marital Trust." Section 8.01 Distributions of Net Income My Trustee shall distribute all of the net income of the Exempt Marital Trust to my wife at least quarter-annually during her lifetime. Nothing contained in this agreement shall limit the right of my wife to receive the entire net income of the Exempt Marital Trust. Section 8.02 Distributions of Principal My Trustee shall distribute to my wife as much of the principal of the Exempt Marital Trust as my Trustee determines is necessary or advisable for her health, education, maintenance or support. My Trustee may consider the needs of my wife and other income and resources available to her. Section 8.03 Effect of my Wife's Remarriage on Principal Distributions Upon the remarriage of my wife, if she is then serving as Trustee of the Exempt Marital Trust, she shall be removed and shall be replaced as provided in Article Three and all distributions of principal from the Exempt Marital Trust shall terminate unless my wife and my wife's fiance execute a valid pre-nuptial agreement that complies with the terms set forth below. Remarriage, for purposes of this agreement, shall mean any marriage including a common law marriage entered into by my wife after my death that is valid in the jurisdiction where the marriage took place. If my wife should choose to remarry after my death and executes a valid pre-nuptial agreement not less than thirty (30) days prior to the time of the remarriage that complies with the following terms, then in my judgment, there will be sufficient protection for the other beneficiaries named in this trust agreement, and the distributions under this Article shall not be restricted by reason of such remarriage and she shall not be replaced as Trustee. The pre-nuptial agreement shall be in writing and signed by my wife and her fiance with each having been represented by separate legal counsel. Prior to the execution of the agreement each party shall have made full disclosure of their assets as they exist at that time. The pre-nuptial agreement shall provide that my wife's fiance shall waive any right to any portion of my wife's share of her premarital assets, her share Ramesh M. Khona Living Trust 1 of the Exempt Marital Trust and my her share or interest in the Credit Shelter Trust in the event of dissolution of the marriage, or in the event of the death of my wife with the new spouse surviving my wife. Section 8.04 Unproductive Property Upon written request of my wife, my Trustee shall convert any nonproductive property held in the Exempt Marital Trust to productive property. Section 8.05 Limited Power of Appointment My wife shall have the testamentary limited power to appoint all or any portion of the principal remaining in the Exempt Marital Trust among my descendants. My wife may not exercise this power to appoint trust property to herself, her estate, her creditors, or the creditors of her estate. I intend that this testamentary power of appointment be a limited power of appointment and not a general power of appointment as defined in Section 2041 of the Internal Revenue Code. Section 8.06 Separate Share for Disclaimed Property My Trustee shall hold any property that has become property of the Exempt Marital Trust as a consequence of a disclaimer by my wife as a separate share of the Exempt Marital Trust with provisions identical to those contained in the other sections of this Article, except that with respect to the property of the separate share my wife shall not have the limited power of appointment that is held by my wife under Section 8.05. Section 8.07 Qualified Terminable Interest Property I intend that the property of the Exempt Marital Trust constitute qualified terminable interest property for purposes of the federal estate tax marital deduction if and to the extent my Trustee makes the necessary election. This agreement shall be interpreted to accomplish this intent. If my Trustee elects to have some but not all of the property in the Exempt Marital Trust qualify for the federal estate tax marital deduction in my estate, the qualified property and the non-qualified property shall be separated into separate shares, but each share shall be held upon identical terms and conditions as if there had been no division. The separate shares may be invested in a common fund with each share owning a proportionate fractional share of the fund. Ramesh M. Khona Living Trust 2 Section 8.08 Administration of the Exempt Marital Trust at My Wife's Death The Exempt Marital Trust shall terminate upon the death of my wife. If my wife has not fully exercised her testamentary limited power of appointment over the property remaining at her death, my Trustee shall administer the unappointed balance or remainder of the Exempt Marital Trust as provided in the Articles which follow. Ramesh M. Khona Living Trust 3 Article Nine The Credit Shelter Trust My Trustee shall hold and administer the Non-Marital Share in trust as provided in this Article. The trust will be referred to as the "Credit Shelter Trust." Section 9.01 Division of Credit Shelter Trust My Trustee shall divide the Credit Shelter Trust into two separate shares. The first share shall be designated the "Exempt Share." The second share shall be designated the "Nonexempt Share." (a) The Exempt Share My Trustee shall allocate to the Exempt Share a pecuniary amount equal to the amount, if any, of my available GST exemption. If I have no available GST exemption, my Trustee shall not allocate any property to the Exempt Share. I recommend, but do not require, that my Personal Representative or my Trustee allocate my available GST exemption to the property constituting the Exempt Share. If there is no federal generation-skipping transfer tax in effect, my Trustee shall allocate all of the remaining trust property to the Exempt Share. (b) The Nonexempt Share My Trustee shall allocate the balance, if any, of the Credit Shelter Trust to the Nonexempt share. If my available GST exemption is equal to or greater than the value of the Credit Shelter Trust, no property shall be allocated to the Nonexempt Share. My Trustee shall have complete authority to make allocations between the Exempt and the Nonexempt Shares of the Credit Shelter Trust. My Trustee may make allocations in cash or in kind, in undivided interests, or in any proportion thereof between the two shares. In making the computations necessary to determine the Exempt Amount my Trustee shall use those values as finally determined for federal estate tax purposes. Except, however, all property allocated in kind to satisfy the Exempt Amount shall be valued on the basis of its value on the date or dates of its allocation to the Exempt Share. Ramesh M. Khona Living Trust 1 Both shares shall collectively constitute the Credit Shelter Trust. My Trustee shall maintain separate accounts for the Exempt Share and the Nonexempt Share and shall administer each share as a separate and distinct trust according to the terms set forth in this Article. If any allocation under this Article results in the funding of only one Credit Shelter Trust Share, my Trustee shall administer this agreement as if the other Credit Shelter Trust Share did not exist. Section 9.02 Credit Shelter Trust Beneficiary My wife shall be the only beneficiary of the Credit Shelter Trust during her lifetime. Section 9.03 Separate Share for Disclaimed Property To the extent that any property is added to the Credit Shelter Trust as the result of a qualified disclaimer by my wife, the property shall be held in a separate share of the Credit Shelter Trust during the lifetime of my wife, and shall be separately administered in accordance with all of the provisions of this Article except that Section 9.06 and Section 9.08, which grant my wife a limited power of appointment, shall not apply to the separate share. The sole purpose of maintaining the separate share is to keep the disclaimed property, together with all income from the property that is accumulated in the trust, separate from the other property of the Credit Shelter Trust over which my wife has a power of appointment and avoid the possible disqualification of an otherwise qualified disclaimer under Section 2518 of the Internal Revenue Code. Section 9.04 Distribution of Income and Principal Any undistributed net income shall be accumulated and added to principal. Section 9.05 Guidelines to My Trustee In making discretionary distributions under this Article, my Trustee should bear in mind that my primary concern and objective is to provide for the well-being of my wife and the preservation of principal is not as important as the accomplishment of this objective. Section 9.06 Lifetime Power of Appointment of Principal During my wife's lifetime, my Trustee shall distribute as much of the principal to or among one or more of my descendants as my wife from time to time directs in writing. Ramesh M. Khona Living Trust 2 My wife shall not exercise this power for the purpose of discharging her legal obligations or otherwise for her pecuniary benefit. My wife may not exercise this lifetime limited power of appointment to appoint to herself, her estate, her creditors, or the creditors of her estate. My wife may not exercise this lifetime limited power of appointment to create another power of appointment that, under the applicable local law, can be validly exercised so as to postpone the vesting of any estate or interest in such property; furthermore, my wife is prohibited from exercising the power to suspend the absolute ownership or power of alienation of the property, for a period ascertainable without regard to the date of the creation of the first power. I intend that this lifetime power of appointment be a limited power of appointment and not a general power of appointment as defined in Section 2041 of the Internal Revenue Code. Section 9.07 Effect of My Wife's Remarriage on Credit Shelter Trust Distributions Upon the remarriage of my wife, the Credit Shelter Trust shall terminate unless my wife and her fiance execute a valid pre-nuptial agreement that complies with the terms set forth below. Remarriage, for purposes of this agreement, shall mean any marriage including a common law marriage entered into by my wife after my death that is valid in the jurisdiction where the marriage took place. If terminated my Trustee shall administer the balance or remainder of the Exempt Share of the Credit Shelter Trust as provided in Article Ten and the balance or remainder of the Nonexempt Share of the Credit Shelter Trust as provided in Article Eleven. If my wife should choose to remarry after my death and executes a valid pre-nuptial agreement not less than thirty (30) days prior to her remarriage then, in my judgment, there will be sufficient protection for the other beneficiaries named in this trust agreement, and the distributions under this Article shall not be restricted by reason of the remarriage and she shall not be replaced as Trustee. The pre-nuptial agreement shall be in writing and signed by my wife and her fiance with each having been represented by separate legal counsel. Prior to the execution of the agreement each party shall have made full disclosure of their assets as their assets exist at that time. The pre-nuptial agreement shall provide that my wife's fiance shall waive any right to any portion of my wife's share of my wife's premarital assets and my wife's interest in any trust created under this agreement in the event of dissolution of the marriage, or in the event of the death of my wife with the new spouse surviving my wife. Ramesh M. Khona Living Trust 3 Section 9.08 Testamentary Limited Power of Appointment My wife shall have the testamentary limited power to appoint all or any portion of the principal and undistributed income remaining in the Credit Shelter Trust among my descendants. My wife may not exercise this testamentary limited power of appointment to appoint to herself, her estate, her creditors, or the creditors of her estate. My wife may not exercise this testamentary limited power of appointment to create another power of appointment that, under the applicable local law, can be validly exercised so as to postpone the vesting of any estate or interest in such property; furthermore, my wife is prohibited from exercising the power to suspend the absolute ownership or power of alienation of the property, for a period ascertainable without regard to the date of the creation of the first power. I intend that this testamentary power of appointment be a limited power of appointment and not a general power of appointment as defined in Section 2041 of the Internal Revenue Code. Section 9.09 Termination of the Credit Shelter Trust The Credit Shelter Trust shall terminate upon the death of my wife and my Trustee shall administer the unappointed balance or remainder of the Exempt Share of the Credit Shelter Trust as provided in Article Ten and the unappointed balance or remainder of the Nonexempt Share of the Credit Shelter Trust as provided in Article Eleven. Ramesh M. Khona Living Trust 4 Article Ten My Exempt Property Upon the death of the survivor of my wife and me, my Trustee shall administer my remaining exempt trust property as provided in this Article. Section 10.01 Exempt Common Trust If my youngest living child has not attained 25 years of age, then until my youngest child has attained 25 years of age, my Trustee shall retain my exempt property in a common trust (the "Exempt Common Trust") for the benefit of my living children and the living descendants of any deceased children. If all of my living children have attained 25 years of age, my Trustee shall administer my exempt property as provided in this Article. My Trustee shall administer and distribute the Exempt Common Trust as follows: (a) Distribution of Income and Principal My Trustee, other than an Interested Trustee, may distribute to anyone or more of my living children and the living descendants of any deceased children as much of the net income and principal of the trust property of the Exempt Common Trust as my Trustee may determine is necessary or advisable. If there is no Trustee that is not an Interested Trustee, my Trustee shall distribute to anyone or more of my living children and the living descendants of any deceased children as much income and principal of the common trust as my Trustee determines is necessary or advisable for their health, education, maintenance or support. When making distributions under this subsection, I request, but do not require, that my Trustee consider both the respective needs of my beneficiaries and the other income and resources available to my beneficiaries. My Trustee may make unequal distributions among my beneficiaries or make distributions to some but not all of my beneficiaries due to any disparity in resources or need. Unless specifically designated as an advancement by my Trustee as provided in subsection (b), distributions to a beneficiary shall not be considered advances and shall not be charged against the share to which the beneficiary may be entitled under other provisions of this agreement. Ramesh M. Khona Living Trust 1 Any undistributed net income shall be accumulated and added to principal of the Exempt Common Trust. Any undistributed net income shall be accumulated and added to principal of the Exempt Common Trust. (b) Advancements My Trustee, other than an Interested Trustee, may make advancements by distributing trust principal to any of my living children for the following purposes: To permit a child to enter into or engage in a business or profession; To permit a child to purchase a personal residence; or To pay the expenses for a child's first wedding. Before making an advancement to any child, I request, but do not require, that my Trustee consider the respective needs and requirements of all of the beneficiaries of the Nonexempt Common Trust. My Trustee shall designate any distribution made under this subsection as an advancement. A determination by my Trustee as to whether a distribution is for an advancement under this subsection or is a distribution under subsection (a) shall be conclusive on all persons. (c) Guidelines for Discretionary Distributions It is my desire that to the extent it is reasonably practical, my Trustee exercise its discretion in making discretionary distributions of income and principal from the Exempt Common Trust to ensure that my younger children are provided with the same advantages that may have been provided for my older children. (d) Preservation of Exempt Common Trust I request, but do not require, that my Trustee consider making principal distributions from the Nonexempt Common Trust, if one exists, until the Nonexempt Common Trust is exhausted, and only thereafter from the principal of the Exempt Common Trust. (e) Provisions for Guardians If a child or the descendant of a deceased child resides in the home of a guardian or relative, my Trustee shall furnish as much property of the Exempt Common Trust as my Trustee deems necessary or advisable to Ramesh M. Khona Living Trust 2 assist the guardian or relative in providing comfortable care and housing for the child or the descendant of a deceased child. For example, my Trustee may furnish trust property to the guardian or relative to purchase a more suitable home in which to accommodate the child or the descendant of a deceased child or to improve the home of the guardian or relative for the purpose of accommodating the child or the descendant of a deceased child. My Trustee may also furnish trust property to the guardian or relative to purchase personal property that is necessary or desirable to care for the child or the descendant of a deceased child. Notwithstanding anything in this agreement to the contrary, if the guardian or relative is also serving as my Trustee under this agreement, another Trustee, other than the guardian or relative, shall exercise the discretion permitted under this subsection. The guardian or relative shall have no authority and shall not participate in any decision to furnish trust property as provided in this subsection. (f) Termination of the Exempt Common Trust The Exempt Common Trust shall terminate when I have no living children under the age of 25 years. Upon termination, my Trustee shall administer the principal and any accrued and undistributed net income as provided below. Section 10.02 Division of My Exempt Property My Trustee shall divide my exempt property into separate exempt shares for my descendants, per stirpes. (a) Adjustments for Advancements In determining the value of each share, my Trustee shall add to the value of my exempt property the value of all advancements, if any, made from the Exempt Common Trust under Section 10.02. My Trustee shall use the resulting total to calculate the value of the shares created under this Section. My Trustee shall reduce the share of each living child by the value of each advancement, if any, made to the child from the Exempt Common Trust under Section 10.0 I (b) using the value of the property distributed as of the date of its distribution. My Trustee shall reduce the share of a descendant of a deceased child pro rata by each advancement made to his or her parent. If the amount of the reduction exceeds the value of the share of any beneficiary, that beneficiary shall receive nothing, but that beneficiary Ramesh M. Khona Living Trust 3 shall have no duty to refund any advancement that exceeds the value of the original share. (b) Exempt Separate Shares My Trustee shall administer the exempt share for each of my living children as a separate share for the benefit of the child as provided in the Sections that follow. My Trustee shall administer the exempt share for each descendant of a deceased child as provided in Section 10.06. Section 10.03 Distribution of the Exempt Share for Kishan Ramesh Khona My Trustee shall hold and administer the exempt share set aside for Kishan Ramesh Khona under the provisions of this Section. (a) Distributions of Income and Principal My Trustee shall distribute to Kishan Ramesh Khona or his descendants, or both, as much of the income and principal of his exempt trust as my Trustee determines is necessary or advisable for their health, education, maintenance or support. In making distributions my Trustee shall give consideration first to the needs of Kishan Ramesh Khona and only thereafter to the needs of his descendants. Any undistributed net income shall be accumulated and added to principal. (b) Guidelines for Discretionary Distributions In making discretionary distributions to the beneficiaries of the trust, it is my desire to provide for their well-being and happiness. Although I request that my Trustee consider the other known resources available to the beneficiaries before making distributions, I also request that my Trustee be liberal in making any distributions to, or for the benefit of, the beneficiaries. I acknowledge that the principal of the exempt trust established for Kishan Ramesh Khona may be exhausted in making such distributions. (c) Right to Withdraw Principal Kishan Ramesh Khona may withdraw from his share at any time or times any portion or all of the accumulated trust income and principal. Kishan Ramesh Khona may exercise this right by delivering written notice to my Trustee, setting forth the amount he desires to withdraw. Upon Ramesh M. Khona Living Trust 4 receiving a notice, my Trustee shall convey and deliver to Kishan Ramesh Khona, free of trust, the amount requested in the notice. This right of withdrawal is a privilege that may be exercised only by Kishan Ramesh Khona and shall not be subject to the claims of any creditor or to legal process and may not be voluntarily or involuntarily alienated or encumbered. This provision shall not limit the exercise of any power of appointment Kishan Ramesh Khona may have. (d) Distributions on the Death of Kishan Ramesh Khona Kishan Ramesh Khona shall have the testamentary limited power to appoint all or any portion of the principal and undistributed income remaining in his exempt trust at his death among my descendants. Kishan Ramesh Khona may not exercise this limited power of appointment to appoint to himself, his estate, his creditors or the creditors of his estate. Kishan Ramesh Khona shall have the sole and exclusive right to exercise this limited power of appointment. This power of appointment is intended to be a limited power of appointment and not a general power of appointment as defined in Section 2041 of the Internal Revenue Code. Insofar as any part of Kishan Ramesh Khona's exempt trust shall not be effectively appointed, my Trustee shall distribute the remaining unappointed balance per stirpes in trusts to his descendants. If he has no living descendants, my Trustee shall distribute the balance of the trust property per stirpes in trusts to the descendants of his nearest lineal ancestor who was a descendant of mine or, if no such descendant is then living, per stirpes in trusts to my descendants. The trusts are to be held and administered under the same provisions as Kishan Ramesh Khona's exempt trust. If I have no living descendants, my Trustee shall distribute the balance of the trust property as provided in Article Twelve. Section 10.04 Distribution of the Exempt Share for Kristina Ramesh Khona My Trustee shall hold and administer the exempt share set aside for Kristina Ramesh Khona under the provisions of this Section. (a) Distributions of Income and Principal My Trustee shall distribute to Kristina Ramesh Khona or her descendants, or both, as much of the income and principal of her exempt trust as my Ramesh M. Khona Living Trust 5 Trustee determines is necessary or advisable for their health, education, maintenance or support. In making distributions my Trustee shall give consideration first to the needs of Kristina Ramesh Khona and only thereafter to the needs of her descendants. Any undistributed net income shall be accumulated and added to principal. (b) Guidelines for Discretionary Distributions In making discretionary distributions to the beneficiaries of the trust, it is my desire to provide for their well-being and happiness. Although I request that my Trustee consider the other known resources available to the beneficiaries before making distributions, I also request that my Trustee be liberal in making any distributions to, or for the benefit of, the beneficiaries. I acknowledge that the principal of the exempt trust established for Kristina Ramesh Khona may be exhausted in making such distributions. (c) Right to Withdraw Principal Kristina Ramesh Khona may withdraw from her share at any time or times any portion or all of the accumulated trust income and principal. Kristina Ramesh Khona may exercise this right by delivering written notice to my Trustee, setting forth the amount she desires to withdraw. Upon receiving a notice, my Trustee shall convey and deliver to Kristina Ramesh Khona, free of trust, the amount requested in the notice. This right of withdrawal is a privilege that may be exercised only by Kristina Ramesh Khona and shall not be subject to the claims of any creditor or to legal process and may not be voluntarily or involuntarily alienated or encumbered. This provision shall not limit the exercise of any power of appointment Kristina Ramesh Khona may have. (d) Distributions on the Death of Kristina Ramesh Khona Kristina Ramesh Khona shall have the testamentary limited power to appoint all or any portion of the principal and undistributed income remaining in her exempt trust at her death among my descendants. Kristina Ramesh Khona may not exercise this limited power of appointment to appoint to herself, her estate, her creditors or the creditors of her estate. Kristina Ramesh Khona shall have the sole and exclusive right to exercise this limited power of appointment. Ramesh M. Khona Living Trust 6 This power of appointment is intended to be a limited power of appointment and not a general power of appointment as defined in Section 2041 of the Internal Revenue Code. Insofar as any part of Kristina Ramesh Khona's exempt trust shall not be effectively appointed, my Trustee shall distribute the remaining unappointed balance per stirpes in trusts to her descendants. If she has no living descendants, my Trustee shall distribute the balance of the trust property per stirpes in trusts to the descendants of her nearest lineal ancestor who was a descendant of mine or, if no such descendant is then living, per stirpes in trusts to my descendants. The trusts are to be held and administered under the same provisions as Kristina Ramesh Khona's exempt trust. If I have no living descendants, my Trustee shall distribute the balance of the trust property as provided in Article Twelve. Section 10.05 Distribution of the Exempt Share for Kevin Ramesh Khona My Trustee shall hold and administer the exempt share set aside for Kevin Ramesh Khona under the provisions of this Section. (a) Distributions of Income and Principal My Trustee shall distribute to Kevin Ramesh Khona or his descendants, or both, as much of the income and principal of his exempt trust as my Trustee determines is necessary or advisable for their health, education, maintenance or support. In making distributions my Trustee shall give consideration first to the needs of Kevin Ramesh Khona and only thereafter to the needs of his descendants. Any undistributed net income shall be accumulated and added to principal. (b) Guidelines for Discretionary Distributions In making discretionary distributions to the beneficiaries of the trust, it is my desire to provide for their well-being and happiness. Although I request that my Trustee consider the other known resources available to the beneficiaries before making distributions, I also request that my Trustee be liberal in making any distributions to, or for the benefit of, the beneficiaries. I acknowledge that the principal of the exempt trust established for Kevin Ramesh Khona may be exhausted in making such distributions. Ramesh M. Khona Living Trust 7 (c) Right to Withdraw Principal Kevin Ramesh Khona may withdraw from his share at any time or times any portion or all of the accumulated trust income and principal. Kevin Ramesh Khona may exercise this right by delivering written notice to my Trustee, setting forth the amount he desires to withdraw. Upon receiving a notice, my Trustee shall convey and deliver to Kevin Ramesh Khona, free of trust, the amount requested in the notice. This right of withdrawal is a privilege that may be exercised only by Kevin Ramesh Khona and shall not be subject to the claims of any creditor or to legal process and may not be voluntarily or involuntarily alienated or encumbered. This provision shall not limit the exercise of any power of appointment Kevin Ramesh Khona may have. (d) Distributions on the Death of Kevin Ramesh Khona Kevin Ramesh Khona shall have the testamentary limited power to appoint all or any portion of the principal and undistributed income remaining in his exempt trust at his death among my descendants. Kevin Ramesh Khona may not exercise this limited power of appointment to appoint to himself, his estate, his creditors or the creditors of his estate. Kevin Ramesh Khona shall have the sole and exclusive right to exercise this limited power of appointment. This power of appointment is intended to be a limited power of appointment and not a general power of appointment as defined in Section 2041 of the Internal Revenue Code. Insofar as any part of Kevin Ramesh Khona's exempt trust shall not be effectively appointed, my Trustee shall distribute the remaining un appointed balance per stirpes in trusts to his descendants. If he has no living descendants, my Trustee shall distribute the balance of the trust property per stirpes in trusts to the descendants of his nearest lineal ancestor who was a descendant of mine or, if no such descendant is then living, per sti/pes in trusts to my descendants. The trusts are to be held and administered under the same provisions as Kevin Ramesh Khona's exempt trust. If I have no living descendants, my Trustee shall distribute the balance of the trust property as provided in Article Ten. Ramesh M. Khona Living Trust 8 Section 10.06 Distribution of Trust Shares for Descendants of a Deceased Child My Trustee shall hold the exempt share set aside for a descendant of a deceased child in a separate trust for the deceased child's descendant. My Trustees shall administer the trust under the same terms as the share set aside for Kishan Ramesh Khona. Ramesh M. Khona Living Trust 9 Article Eleven My Nonexempt Property Upon the death of the survivor of my wife and me, my Trustee shall distribute my nonexempt property outright, free of trust, to my descendants, per stirpes. If a share is to be distributed to an incapacitated beneficiary or a beneficiary under the age of 25 the share shall be held or distributed under the terms of Article Ten. Ramesh M. Khona Living Trust 1 Article Twelve Remote Contingent Distribution I f, at any time, there is no individual beneficiary qualified to receive final distribution of my trust estate or any part of it, then my Trustee shall distribute the portion of my trust estate with respect to which the failure of qualified recipients has occurred one-half to those persons who would inherit it had I then died intestate owning such property, and one-half to those persons who would inherit it had my wife then died intestate owning such property, all as determined and in the proportions provided by the laws of Pennsylvania then in effect. Ramesh M. Khona Living Trust 1 Article Thirteen Administration of Trusts for Underage and Incapacitated Beneficiaries Section 13.01 Distributions for Underage and Incapacitated Beneficiaries Whenever my Trustee is authorized or directed to make a distribution to a beneficiary who is younger than 25 years of age, is incapacitated or who is, in my Trustee's opinion, unable to manage the distribution properly, my Trustee may either make the distribution or retain the amount to be distributed in any manner my Trustee may determine advisable, including of the methods set forth in the following Section. I request, but do not require, that before making a distribution to a beneficiary, my Trustee, to the extent that it is both reasonable and possible, consider the ability the beneficiary demonstrated in managing prior distributions of trust property. Section 13.02 Methods of Distribution My Trustee may distribute or retain trust property in anyone or more of the following methods for the benefit of any beneficiary subj ect to the provisions of this Article: (a) Distribution to Beneficiary My Trustee may distribute trust property directly to the beneficiary. (b) Distribution to Guardian or Conservator or Family Member My Trustee may distribute trust property to the beneficiary's guardian, conservator, parent or a family member or other person who has assumed the responsibility of caring for the beneficiary. (c) Distribution to Custodian My Trustee may distribute trust property to any person or entity, including my Trustee, as custodian for the beneficiary under the Uniform Transfers to Minors Act, or similar statute. (d) Distribution to Other Persons or Entities My Trustee may distribute trust property to other persons and entities for the use and benefit of the beneficiary. Ramesh M. Khona Living Trust 1 (e) Distribution to Agent under Durable Power of Attorney My Trustee may distribute trust property to an agent or attorney-in-fact authorized to act for the beneficiary under a legally valid durable power of attorney executed by the beneficiary prior to the incapacity. (f) Retention in Trust My Trustee may retain trust property in a separate trust for the benefit of the beneficiary until the beneficiary attains 25 years of age or, in the opinion of my Trustee, is no longer incapacitated (as the case may be). My Trustee shall distribute as much of the net income and principal of any trust created under this subsection that my Trustee deems necessary or advisable for the health, education, maintenance or support of the beneficiary for whom the trust was created. My Trustee shall accumulate any undistributed net income and add such income to principal. When the beneficiary for whom a trust is created under this subsection attains 25 years of age or is no longer incapacitated (as the case may be), the beneficiary may withdraw from the trust at any time or times any portion or all of the accumulated trust income and principal. The beneficiary for whom a trust is created under this subsection shall have the testamentary general power to appoint all or any portion of the principal and undistributed income remaining in the beneficiary's trust at his or her death among one or more persons or entities, including the creditors of the beneficiary's estate. The beneficiary shall have the sole and exclusive right to exercise this general power of appointment. I intend that this testamentary power of appointment be a general power of appointment as defined in Section 2041 of the Internal Revenue Code. If the beneficiary fails to validly exercise this testamentary general power of appointment, my Trustee shall distribute the balance of his or her trust property to the then living descendants of the beneficiary, per stirpes. If the beneficiary has no then living descendants, my Trustee shall distribute the beneficiary's remaining trust property per stirpes to the living descendants of the beneficiary's nearest lineal ancestor who was my descendant or if no such descendant is then living, to my then living descendants, per stirpes. If I have no then living descendants, my Trustee shall distribute the remaining trust property as provided below. Ramesh M. Khona Living Trust 2 Section 13.03 Special Needs Beneficiary If trust property becomes distributable to any beneficiary when the beneficiary is under any form of legal disability as defined herein, and when the beneficiary is or would be eligible for public assistance benefits but for the distribution provide for in this agreement (as determined in the sole and absolute discretion of my Trustee), my Trustee shall retain that beneficiary's share in a separate trust, as follows: (a) Distributions for Special Needs My Trustee, sole, absolute and umeviewable discretion, may distribute discretionary amounts of net income and principal for special needs not otherwise provided by governmental financial assistance and benefits, or by the providers of services. "Special needs" refers to the requisites for maintaining the good health, safety, and welfare of the beneficiary when, in the discretion of my Trustee, such requisites are not being provided by any public agency, office, or department of any state or of the United States. "Special needs" shall also include, but not be limited to, medical and dental expenses, annual independent checkups, clothing and equipment, programs of training, education, treatment and rehabilitation, private residential care, transportation (including vehicle purchases), maintenance, insurance, and essential dietary needs. "Special needs" may include spending money; additional food; clothing; electronic equipment such as radios, record players, television sets, computer equipment; camping; vacations; athletic contests; movies; trips; and money to purchase appropriate gifts for relatives and friends. My Trustee shall have no obligation to expend trust assets for such needs, but if my Trustee, in its sole, absolute and umeviewable discretion, decides to expend trust assets, under no circumstances should any amounts be paid to, or reimbursed to, the federal government, any state, or any governmental agency for any purpose, including for the care, support, and maintenance of the beneficiary. (b) Objective to Promote Independence of the beneficiary While actions are in my Trustee's sole, absolute and umeviewable discretion, all parties to this trust agreement should be mindful that it is my wish that the beneficiary live as independently, productively, and as happily as possible. Ramesh M. Khona Living Trust 3 (c) Trust Assets not to be Considered Available Resource to the beneficiary The intent of this Trust is to supplement any benefits received, or for which the beneficiary may be eligible, through or from various governmental assistance programs and not to supplant any such benefits. All actions of my Trustee shall be directed toward carrying out this intent and the discretion granted my Trustee under this agreement to carry out this intent is absolute. For purposes of determining the beneficiary's eligibility for any such benefits, no part of the principal or undistributed income of the trust estate shall be considered available to the beneficiary for public benefit purposes. The beneficiary shall not be considered to have access to principal or income of the trust, and the beneficiary has no ownership, right, authority, or power to convert any asset into cash for the beneficiary's own use. My Trustee shall hold, administer, and distribute all property allocated to the trust for the exclusive benefit of the beneficiary during his or her lifetime. All distributions from this trust share are in the sole and absolute discretion of my Trustee, and the beneficiary is legally restricted from demanding trust assets for his or her support and maintenance. In the event my Trustee is requested to release principal or income of the trust to or on behalf of the beneficiary to pay for equipment, medication, or services that any government agency is authorized to provide, or in the event my Trustee is requested to petition a court or any other administrative agency for the release of trust principal or income for this purpose, my Trustee is authorized to deny such request and is authorized in its discretion to take whatever administrative or judicial steps may be necessary to continue the beneficiary's eligibility for benefits, including obtaining legal advice about the beneficiary's specific entitlement to public benefits and obtaining instructions from a court of competent jurisdiction ruling that the trust corpus is not available to the beneficiary for eligibility purposes. Any expenses of my Trustee in this regard, including reasonable attorneys' fees, shall be a proper charge to the trust estate. (d) Distribution Guidelines My Trustee shall be responsible for determining what discretionary distributions shall be made from this trust and may use a Care Manager in accordance with the provisions of this Section. My Trustee may distribute discretionary amounts of principal to or for the benefit of the beneficiary for those special needs not otherwise provided by governmental financial Ramesh M. Khona Living Trust 4 assistance and benefits, or by the providers of services. Any undistributed income shall be added to principal. In making distributions, my Trustee: Shall consider any other known income or resources of the beneficiary that are reasonably available; Shall take into consideration all entitlement benefits from any government agency, such as Social Security disability payments, Medicare, Medicaid (or any state Medicaid program equivalent), Supplemental Security Income (SSI), In-Home Support Service (IHSS) and any other special purpose benefits for which the beneficiary is eligible; Shall take into consideration resource and income limitations of any such assistance program; Shall make expenditures so that the beneficiary's standard of living will be comfortable and enjoyable; Shall not be obligated to or compelled to make specific payments; Shall not payor reimburse any amounts to any governmental agency or department, unless proper demand is made by such governmental agency and reimbursement is required by the state; and Shall not be liable for any loss of benefits. (e) Use of Care Manager My Trustee shall have the option of utilizing the services of a Care Manager to assist in advising on how best to provide for the beneficiary's needs. The primary objective of the Care Manager shall be to assist my Trustee to carry out the intentions of this agreement to ensure that the beneficiary maintains a safe living situation, receives counseling services when appropriate and lives as independently as possible. A Care Manager shall be a professional Clinical Licensed Social Worker, Professional Conservator, or care management agency that has experience in the field of assessment of conditions similar to those of the beneficiary and is familiar with the public benefits to which the beneficiary may be entitled. (f) Distribution Advisement The Care Manager shall advise my Trustee concerning discretionary distributions to be made from the trust that are helpful and appropriate for Ramesh M. Khona Living Trust 5 the beneficiary's needs including paYment for medical care, counseling services, and daily support. (g) Care Manager Account for Periodic Payments The Care Manager may from time to time establish periodic paYments for part or all of the paYments authorized under this agreement and maintain a separate bank account for disbursement by the Care Manager. Any account shall be carried in the name of the trust and shall have the Trust's federal tax identification number. At least monthly, the Care Manager shall provide information on receipts and disbursements from this account to my Trustee. This account shall contain no more than an amount reasonably necessary for the beneficiary's needs for a period of sixty (60) days. My Trustee shall not be held liable for any actions of the Care Manager unless my Trustee has actual knowledge of the Care Manager's propsed actions before such actions were actually taken. The Care Manager shall not make any distributions that may cause a reduction of public benefits unless my Trustee has consented to the distribution. (h) Annual Care Plan If my Trustee uses a Care Manager, the Care Manager shall provide to my Trustee, at least annually, a written care plan for purposes of evaluation of the beneficiary's medical and psychosocial status. The care plan shall include recommendations concerning resources and services beneficial to the beneficiary. (i) Quarterly Assessments If my Trustee uses a Care Manager, the Care Manager shall, at least quarterly, visit the beneficiary to assess his or her physical and emotional needs including the appropriateness of present placement, monitoring attendant care, accessing required resources, making and keeping medical appointments, and accessing socialization activities. (j) Compensation of the Care Manager The Care Manager shall be entitled to fair and reasonable compensation for the services it renders. The amount of compensation shall be an amount equal to the customary and prevailing charges for services of a similar nature during the same period of time and in the same geographic locale. Ramesh M. Kbona Living Trust 6 (k) The Resignation of a Care Manager Any Care Manager may resign by giving thirty (30) days' written notice to my Trustee. (I) Replacement of Care Manager My Trustee may terminate the Care Manager without cause and name a replacement. If the Care Manager named herein cannot serve for any reason, my Trustee may name a replacement, which may begin to serve immediately. If the Care Manager must be replaced, then the successor Care Manager shall also be a professional Clinical Licensed Social Worker, Professional Conservator, or care management agency who has experience in the field of assessment of conditions similar to those of the beneficiary and is familiar with the public benefits to which the beneficiary may be entitled. (m) No Seeking of Order to Distribute For purposes of detennining the beneficiary's state Medicaid program equivalent eligibility, no part of the principal or undistributed income of the trust estate shall be considered available to the beneficiary. My Trustee shall deny any request by the beneficiary to (1) release principal or income of the trust to or on behalf of him or her to pay for equipment, medication, or services that the state Medicaid program equivalent would provide if the trust did not exist; or (2) petition a court or any other administrative agency for the release of trust principal or income for this purpose. My Trustee may, in its sole, absolute and unreviewable discretion, take necessary administrative or legal steps to protect the beneficiary's state Medicaid program equivalent eligibility, including obtaining a ruling from a court of competent jurisdiction that the trust principal is not available to the beneficiary for purposes of determining state Medicaid program equivalent eligibility. Expenses for this purpose, including reasonable attorneys' fees, will be a proper charge to the trust estate. (n) Indemnification of Trustee When Acting in Good Faith My Trustee shall be indemnified from the trust property for any loss or reduction of public benefits sustained by the beneficiary as a result of my Trustee exercising, in good faith, the authority granted to my Trustee under this Section. Ramesh M. Khona Living Trust 7 Section 13.04 Application of Article Any decision made by my Trustee under this Article shall be final, controlling and binding upon all beneficiaries subject to the provisions of this Article. The provisions of this Article shall not apply to distributions to me or to my wife from any trust established under this agreement. Ramesh M. Khona Living Trust 8 Article Fourteen Retirement Plans and Life Insurance Policies The provisions of this Article apply to qualified retirement plans and insurance policies owned by or made payable to my trust. Section 14.01 Retirement Plans The provisions of this Section apply to qualified retirement plans. (a) Rights of My Trustee Subject to the provisions below pertaining to distributions from qualified retirement plans, my Trustee may exercise the right to determine the manner and timing of payments (by lump sum or otherwise) of qualified retirement plan benefits that are permitted under qualified retirement plans and are consistent with the federal income tax rules regarding required minimum distributions under Section 401(a)(9) of the Internal Revenue Code. My Trustee may make a qualified disclaimer of any qualified retirement benefits or non-qualified annuity benefits payable to my trust. My Trustee shall not be liable to any beneficiary for the death benefit election selected or for any decision regarding the disclaimer of any qualified retirement benefits payable to my trust. (b) Distributions from Qualified Retirement Plans to my Wife To the extent that all or part of any tax-favored retirement plan is allocated to my wife, my Trustee may (and shall, if requested to do so by my wife) cause the plan (or part thereof) to be paid directly from the plan to my wife as beneficiary, or shall (if so requested by my wife) cause the plan (or part thereof) to be transferred directly from the plan into another retirement plan in my wife's name, without the intervening step of transferring it to the this trust. Ramesh M. Khona Living Trust 1 (c) Distributions from Qualified Retirement Plans to the Exempt Marital Trust If the Exempt Marital Trust becomes the beneficiary of death benefits under any qualified retirement plan, each year, beginning with the year of my death, my Trustee must withdraw at least the greater of: The net income earned on the Exempt Marital Trust's share of the plan during the year; and The required minimum distribution required to be withdrawn from the Exempt Marital Trust's share of the plan under Section 401(a)(9) of the Internal Revenue Code. My Trustee may withdraw additional amounts from the Exempt Marital Trust's share of the plan as my Trustee deems advisable; but only if the dispositive terms of the trust authorize my Trustee to immediately distribute the withdrawn amount as provided in this subsection. My Trustee shall immediately distribute all net amounts withdrawn to my wife. If my wife is then deceased, my Trustee shall instead distribute to the remainder beneficiary, the amount which would have been distributed to my wife had she then been living. The purpose of this Section is to insure that the life expectancy of my wi fe may be used to calculate the minimum distributions required by the Internal Revenue Code and this Section shall be interpreted consistent with this intent despite any direction to the contrary in this agreement. Section 14.02 Life Insurance Policies The following provisions apply to life insurance policies owned by or made payable to my trust. (a) Provisions During My Life During my life, I reserve all of the rights, powers, privileges, and options, with respect to any insurance policy, annuity or any other third-party beneficiary contract owned by or made payable to my trust, including, but not limited to, the right to designate and change beneficiaries, the right to borrow money, the right to surrender the policy, the right to receive any payments as owner, and the right to make any available elections. Ramesh M. Khona Living Trust 2 My Trustee shall have no duty to exercise, or refrain from exercising, any rights, powers, privileges or options with respect to any insurance policy, annuity contract or other third-party beneficiary contract. My Trustee shall have no obligation to pay premiums or other contractual amounts that may be payable under any such policy. (b) Provisions After My Death After my death, my Trustee may make all appropriate elections with respect to such policies and may collect all sums made payable to my trust or my Trustee under all such policies or contracts. My Trustee may exercise any settlement options or other options or rights that may be available under the terms of any policy or contract. My Trustee shall not be liable to any beneficiary on account of any election made by my Trustee with respect to any policy or contract. Section 14.03 Limitation on Liability of Payor Persons or entities dealing in good faith with my Trustee shall not be required to see to the proper application of proceeds delivered to my Trustee, or to inquire into any provision of this agreement. A receipt signed by my Trustee for any proceeds or benefits paid shall be a sufficient discharge to the person or entity making the payment. Section 14.04 Collection Efforts My Trustee shall make reasonable efforts to collect the proceeds of all life insurance policies and qualified retirement benefits payable to my trust. My Trustee may commence legal or administrative proceedings to collect the proceeds of any life insurance policy or qualified retirement benefits to which the trust is entitled; provided, however, that my Trustee need not commence any such proceedings until my Trustee is indemnified to its satisfaction for any expenses and liabilities it may incur in connection with the proceeding. My Trustee may settle or compromise any and all claims with respect to the collection of any life insurance proceeds or qualified retirement benefits to which my trust may be entitled. A settlement made by my Trustee shall be binding on all beneficiaries. Ramesh M. Khona Living Trust 3 Section 14.05 No Obligation to Purchase or Maintain Benefits Nothing in this agreement shall impose any obligation, legal or otherwise, on me or on my Trustee to purchase, invest, or maintain any qualified retirement plan or life insurance policy. Ramesh M. Khona Living Trust 4 Article Fifteen Trust Administration Section 15.01 Distributions to Beneficiaries Whenever this agreement authorizes or directs my Trustee to make a distribution of net income or principal to a beneficiary, my Trustee may apply for the benefit of the beneficiary any property that otherwise could be distributed directly to the beneficiary. My Trustee shall have no responsibility to inquire into the beneficiary's ultimate disposition of the distributed property unless specifically directed otherwise by this agreement. My Trustee may make distributions in cash or in kind, or partly in each, in proportions and at values determined by my Trustee. My Trustee may allocate undivided interests in specific assets to a beneficiary or trust in any proportion or manner that my Trustee determines, even though the property allocated to one beneficiary may be different from that allocated to another beneficiary. My Trustee may make these determinations without regard to the income tax attributes of the property and without the consent of any beneficiary. Section 15.02 No Court Proceedings This trust shall be administered expeditiously, consistent with the prOVIsIOns of this agreement, free of judicial intervention, and without order, approval or action of any court. The trust shall be subject to the jurisdiction of a court only if my Trustee or another interested party institutes a legal proceeding. A proceeding to seek instructions or a court determination shall be initiated in the court having original jurisdiction over matters relating to the construction and administration of trusts. Seeking instructions or a court determination shall not subject this trust to the continuing jurisdiction of the court. Section 15.03 No Bond My Trustee shall not be required to furnish any bond for the faithful performance of my Trustee's duties. No surety shall be required on any bond required by any law or rule of court. Ramesh M. Khona Living Trust 1 Section 15.04 Exoneration of My Trustee No successor Trustee is obligated to examine the accounts, records or actions of any previous Trustee or of the personal representative of my estate. No successor Trustee shall be in any way or manner responsible for any act or omission to act on the part of any previous Trustee or the personal representative of my estate. Unless a Trustee has received notice of removal, the Trustee shall not be liable to me or to any beneficiary for the consequences of any action taken by the Trustee that would have been, but for the prior removal of the Trustee, a proper exercise by the Trustee of the authority granted to the Trustee under this agreement. Any Trustee may request and obtain from the beneficiaries or from their legal representatives, agreements in writing releasing the Trustee from any liability that may have arisen from the Trustee's acts or omissions to act and indemnifying the Trustee from liability for the acts or omissions. An agreement described in this paragraph, if acquired from all the living beneficiaries of the trust or from their legal representatives, shall be conclusive and binding upon all parties, born or unborn, who may have, or may in the future acquire, an interest in the trust. My Trustee may require a refunding agreement before making any distribution or allocation of trust income or principal and may withhold distribution or allocation pending detern1ination or release of a tax lien or other lien. This refunding agreement provision shall not apply to any distribution that qualifies for the federal estate tax unlimited marital deduction or the federal estate tax charitable deduction. Section 15.05 Trustee Compensation An individual serving as Trustee, other than my wife or me, shall be entitled to fair and reasonable compensation for the services rendered as a fiduciary. A corporate fiduciary serving as my Trustee shall be compensated by agreement with an individual Trustee or, in the absence of an individual Trustee or in the absence of an agreement, in accordance with the corporate fiduciary's published schedule of fees in effect at the time the services are rendered. My Trustee may charge additional fees for services it provides that are not comprised within its duties as Trustee such as fees for legal services, tax return preparation and corporate finance or investment banking services. In addition to receiving compensation, my Trustee may be reimbursed for reasonable costs and expenses incurred in carrying out its duties under this agreement. Ramesh M. Khona Living Trust 2 Section 15.06 Employment of Professionals My Trustee may appoint, employ and remove, at any time and from time to time, investment advisors, accountants, auditors, depositories, custodians, brokers, consultants, attorneys, expert advisers, agents, and employees to advise or assist the Trustee in the performance of its duties. My Trustee may act upon the recommendations of the persons or entities employed with or without independent investigation. My Trustee may reasonably compensate an individual or entity employed to assist or advise my Trustee regardless of whether the person or entity shall be a Trustee of a trust established under this agreement or a corporate affiliate of a Trustee and regardless of whether the entity shall be one in which a Trustee of a trust created under this agreement is a partner, member, stockholder, officer, director or corporate affiliate or has any other interest. My Trustee may pay the usual compensation for services contracted for under this Section out of principal or income of the trust as my Trustee may deem advisable. My Trustee may pay compensation to an individual or entity employed to assist or advise my Trustee without diminution of or charging the same against the compensation to which the Trustee is entitled under this agreement. Any Trustee who shall be a partner, stockholder, officer, director or corporate affiliate in any entity employed to assist or advise my Trustee shall nonetheless receive the Trustee's share of the compensation paid to the entity. Section 15.07 Exercise of Testamentary Power of Appointment A testamentary power of appointment granted under this agreement may be exercised by valid will that specifically refers to this power of appointment. The holder of a testamentary power of appointment may exercise the power to appoint property among the permissible appointees in equal or unequal proportions, and on such terms and conditions, whether outright or in trust, as the holder of the power designates. Except where this agreement specifically provides otherwise, the holder of a testamentary power of appointment may grant further powers of appointment to any person to whom principal may be appointed, including a presently exercisable limited or general power of appointment. My Trustee may conclusively presume that any power of appointment granted to any beneficiary of a trust created under this agreement has not been exercised by the beneficiary if my Trustee has no knowledge of the existence of a valid will exercising the power within 3 months after the beneficiary's death. Section 15.08 Determination of Principal and Income My Trustee may determine in a fair, equitable and practical manner how all Trustee's fees, disbursements, receipts, and wasting assets shall be credited, charged, and Ramesh M. Khona Living Trust 3 apportioned between principal and income. My Trustee may allocate capital gam to income rather than principal. My Trustee may set aside from trust income reasonable reserves for taxes, assessments, insurance premiums, repairs, depreciation, obsolescence, depletion, and for the equalization of payments to or for the beneficiaries. My Trustee may select appropriate accounting periods with regard to the trust property. Section 15.09 Trust Accounting Except to the extent required by law, my Trustees shall not be required to file annual accounts with any court or court official in any jurisdiction. Upon the written request of a beneficiary, my Trustee shall render an accounting at least annually to the income beneficiaries of the trust during the accounting period that includes the date of the written request. The accounting shall include the receipts, disbursements, and distributions occurring during the accounting period and a balance sheet of the trust property if no tax return is filed, or may consist just of the tax return for the accounting period if a tax return is filed for the trust. In the absence of fraud or manifest error, the assent by all income beneficiaries to an accounting of an Independent Trustee shall make the matters disclosed in the accounting binding and conclusive upon all persons, both those in existence on the date of this agreement and those to be born in the future who have, or will in the future have, a vested or contingent interest in the trust property. In the case of a minor or incapacitated beneficiary, that beneficiary's natural guardian or legal representative shall give the assent required under this Section. The failure of any person to object to any accounting by giving written notice to my Trustee within 60 days of the person's receipt of a copy of the accounting shall be deemed to be an assent by such person. The trust's financial records and documentation shall be available at reasonable times and upon reasonable notice for inspection by trust beneficiaries and their representatives. My Trustee shall not be required to furnish trust information regarding my trust to any individual, corporation, or other entity that is not a beneficiary or the representative of a beneficiary, and is not requesting the information pursuant to a valid court order. Section 15.10 Action of Trustees; Disclaimer Unless otherwise provided in this agreement, whenever I am serving as Trustee, I may make all decisions and exercise all powers and discretions granted to my Trustee under this agreement without the consent of any other Trustee. Whenever my wife and I are serving together as Cotrustees, she may make all decisions and exercise all powers and Ramesh M. Khona Living Trust 4 discretions granted to my Trustee under this trust created under this agreement without the consent of any other Trustee. When I am not serving as a Trustee, if two Trustees are eligible to act with respect to a given matter, the concurrence of both shall be required for action to be taken; if more than two Trustees are eligible to act with respect to a given matter, the concurrence of a majority of my Trustees shall be required for action to be taken. A nonconcurring Trustee may dissent or abstain from a decision of the majority. A Trustee shall be absolved from personal liability by registering its dissent or abstention in the records of the trust. After doing so, the dissenting Trustee shall then act with my other Trustees in any way necessary or appropriate to effectuate the decision of the majority. Notwithstanding any proVISIOn of this agreement to the contrary, any Trustee may disclaim or release, in whole or in part, by an instrument in writing, any power it holds as Trustee, irrevocably or for any period of time that the Trustee may specify. The Trustee may make the relinquishment of a power personal to the Trustee or may relinquish the power for all subsequent Trustees. Section 15.11 Delegation of Trustee Authority; Power of Attorney Subject to the limitations set forth in this agreement, any Trustee may, by an instrument in writing, delegate to any other Trustee the right to exercise any power (including a discretionary power) granted my Trustee in this agreement. During the time a delegation under this Section is in effect, the Trustee to whom the delegation was made may exercise the power to the same extent as if the delegating Trustee had personally joined in the exercise of the power. The delegating Trustee may revoke the delegation at any time by giving written notice ofrevocation to the Trustee to whom the power was delegated. Unless a Trustee elects otherwise in a written instrument delivered to the other Trustees, whenever I am not serving as a Trustee, if two or more Trustees are serving, anyone Trustee may sign any checks, agreements or other documents on behalf of the trust with the same force and effect as if all Trustees had signed. Persons dealing with the signing Trustee in good faith may rely upon the signing Trustee's authority to act on behalf of the trust without inquiry as to the other Trustees' acquiescence to such action. My Trustee may execute and deliver a revocable or irrevocable power of attorney granting any individual or entity the power to transact any and all business on behalf of my trust or any other trust created under this agreement. The power of attorney may grant to the attorney-in-fact all of the rights, powers, and discretion that my Trustee is entitled to exercise under this agreement. Ramesh M. Khona Living Trust 5 Section 15.12 Additions to Separate Trusts If upon the termination of any trust created under this agreement a final distribution is to be made to a person who is the only beneficiary of another trust created under this agreement, my Trustee shall make the distribution to the second trust instead of distributing the property to the beneficiary outright. For purposes of administration, my Trustee shall treat the distribution as though it had been an original part of the second trust. Section 15.13 Authority to Merge or Sever Trusts My Trustee may merge and consolidate a trust created under this agreement with any other trust, if the two trusts contain substantially the same terms for the same beneficiaries and at least one Trustee in common. My Trustee may administer the merged and consolidated trust as a single trust or unit. If, however, a merger or consolidation does not appear feasible, my Trustee may consolidate the assets of the trusts for purposes of investment and trust administration while retaining separate records and accounts for each respective trust. My Trustee may sever any trust on a fractional basis into two or more separate and identical trusts or may segregate a specific amount or asset from the trust property by allocation to a separate account or trust. Income earned on a segregated amount or specific asset after the segregation passes with the amount or asset segregated. My Trustee shall hold and administer each separate trust upon terms and conditions substantially identical to those of the trust from which it was severed. Subject to the terms of the trust, my Trustee may consider differences in federal tax attributes and other pertinent factors in administering the trust property of any separate account or trust, in making applicable tax elections, and in making distributions. A separate trust created by severance must be treated as a separate trust for all purposes from the date on which the severance is effective; however, the effective date of severance may be retroactive to a date before the date on which my Trustee exercises the power. Section 15.14 Authority to Terminate Trusts If, at any time, my Trust Protector determines that a trust created under this agreement is no longer economical or is otherwise inadvisable to administer as a trust, or if my Trust Protector deems it to be in the best interest of my beneficiaries, my Trust Protector, without further responsibility, may terminate the trust and distribute the trust property, including any undistributed net income, in the following order of priority: To me, if! am then living; Ramesh M. Khona Living Trust 6 If I am not then living, to my wife, if then a beneficiary of the trust; If! am not then living and my wife is not then a beneficiary of the trust, to the beneficiaries then entitled to mandatory distributions of net income of the trust and in the same proportions; and If none of the beneficiaries are entitled to mandatory distributions of net income, to the beneficiaries then eligible to receive discretionary distributions of net income of the trust, in such amounts and shares as my Trust Protector may determine. Section 15.15 Discretionary Distribution to Fully Utilize Basis Increase Upon Death of Beneficiary This Section shall apply during any time there is no federal estate tax In effect and Section 1022 of the Internal Revenue Code is in effect. If I have given my Trustee the authority to make distributions of principal to the beneficiary of a trust, my Trustee, other than an Interested Trustee, may, from time to time, distribute to the beneficiary as much of the principal of the trust as such Trustee may determine is advisable so that upon the death of the beneficiary the estate of the beneficiary will have sufficient appreciated assets to fully utilize the aggregate basis increase allowed under Section 1022, excluding the additional basis increase for property acquired by a surviving spouse under Section 1022(c). Before making a distribution of property under this Section, I request, but do not require that the Trustee determine whether there is a good reason to retain the property in trust such as whether or not the asset may be sold in the near future, the need for creditor protection by the beneficiary, protection of the beneficiary from failed marriages and protection of the asset for future generations. My Trustee shall not be liable to any beneficiary for the exercising or failing to exercise its discretion to make a distribution under this Section. Section 15.16 Discretionary Distributions to Spouse In addition to the distributions authorized in the preceding Section as well as in previous articles, my Trustee, other than an Interested Trustee, in its sole and absolute discretion, may distribute principal of the Exempt Marital Trust under this agreement to my wife to assist my wife in achieving my wife's estate planning objectives and may distribute principal of the Exempt Marital Trust to my wife for any other purpose that my Trustee deems advisable and consistent with such intent. Nothing contained in this Section shall require, nor may my Trustee require, my wife to transfer any distributions to third parties. Ramesh M. Khona Living Trust 7 Section 15.17 Merger of Corporate Fiduciary If any corporate fiduciary acting as my Trustee under this agreement is merged with or transfers substantially all of its trust assets to another corporation or if a corporate fiduciary changes its name, the successor shall automatically succeed to the trusteeship as if originally named a Trustee. No document of acceptance of trusteeship shall be required. Section 15.18 Beneficiary's Status Until my Trustee receives notice of the incapacity, birth, marriage, death or other event upon which a beneficiary's right to receive payments may depend, my Trustee shall not be liable for acting or failing to act with respect to the event or for disbursements made in good faith to persons whose interest may have been affected by such event. Unless otherwise provided in this agreement, the parent or legal representative may act on behalf of a beneficiary who is a minor or is incapacitated. My Trustee may rely on any information provided by a beneficiary with respect to the beneficiary's assets and income. My Trustee shall have no independent duty to investigate the status of any beneficiary and shall not incur any liability for failure to do so. Section 15.19 Discharge of Third Persons Persons dealing in good faith with my Trustee shall not be required to see to the proper application of money paid or property delivered to my Trustee, or to inquire into the authority of my Trustee as to any transaction. The receipt from my Trustee for any money or property paid, transferred or delivered to my Trustee shall be a sufficient discharge to the person or persons paying, transferring or delivering the money or property from all liability in connection with its application. Section 15.20 Certificate by Trustee A written statement of my Trustee may always be relied upon by, and shall always be conclusive evidence in favor of, any transfer agent or any other person dealing in good faith with my Trustee in reliance upon the statement. Section 15.21 Funeral and Other Expenses of Beneficiary Upon the death of an income beneficiary my Trustee may pay the funeral expenses, burial or cremation expenses, enforceable debts and other expenses incurred due to the death of the beneficiary from trust property. This Section shall only apply to the extent Ramesh M. Khona Living Trust 8 the income beneficiary has not exercised any testamentary power of appointment granted to him under this agreement. My Trustee may rely upon any request by the personal representative or members of the family of the deceased beneficiary for payment without verifying the validity or the amounts and without being required to see to the application of the amounts so paid. My Trustee may make decisions under this Section without regard to any limitation on payment of expenses imposed by statute or rule of court and may be made without obtaining the approval of any court having jurisdiction over the administration of the deceased beneficiary's estate. Section 15.22 Marital Deduction Qualification I intend that the marital gift as described in Article Seven of this agreement qualify for the federal estate tax marital deduction, and the provisions of this agreement shall be construed to reflect this intent. To the extent that giving effect to a provision of this agreement would result in the marital gift not qualifying for the federal estate tax unlimited marital deduction, that provision shall be ineffective except to the extent my Trustee or personal representative elects that all or a portion of the marital gift not qualify for the unlimited marital deduction. Section 15.23 Generation-Skipping Tax Provisions Notwithstanding any other provision of this agreement to the contrary, if a trust created under this agreement would be partially exempt from generation-skipping tax after the intended allocation of GST exemption as defined in Section 2631 of the Internal Revenue Code to the trust then: (a) Division into Exempt and Nonexempt Trusts My Trustee may divide the property of the trust into two separate trusts so that the allocation of GST exemption can be made to a trust that will be entirely exempt from generation-skipping transfer tax (the "exempt trust"). The exempt trust shall consist of the largest fractional share of the total trust assets that will permit the exempt trust to be entirely exempt from generation-skipping transfer tax. The "nonexempt trust" shall consist of the balance of the total trust assets. For purposes of computing the fractional share, asset values as finally determined for federal estate tax purposes shall be used. The fraction shall be applied to the assets at their actual value on the effective date or dates of distribution so that the actual value of the fractional share resulting from the application of such fraction will include fluctuations in the value of the trust property. Ramesh M. Khona Living Trust 9 (b) Administration of the Trusts The trusts created under this Section shall have the same terms as the original trust. To the extent possible, distributions to a non-skip person as defined by Section 2613 of the Internal Revenue Code shall be made from a nonexempt trust and distributions to a skip person as defined by Section 2613 shall be made from an exempt trust. My Trustee shall administer each exempt and nonexempt trust as a separate and independent trust. Any exempt or nonexempt trust established under this agreement may be referred to by the name designated by my Trustee. If an exempt trust and a nonexempt trust are further divided under the terms of this agreement, my Trustee may allocate property from the exempt trust first to the trust from which a generation skipping transfer is more likely to occur. (c) My Intent; Trust Additions My intent is to minimize the application of the generation-skipping transfer tax to the trust property but not to affect the total amount of trust property to which any beneficiary may be entitled under this agreement. This agreement shall be so construed and interpreted to give effect to this intent. If at any time any property that has an inclusion ratio greater than zero for generation-skipping transfer tax purposes would be added to a trust with property that has an inclusion ratio of zero, then my Trustee shall instead hold such property in a separate trust on the same terms and conditions as the original trust. (d) Independent Trustee May Confer Testamentary Power of Appointment In the event a trust has an inclusion ratio of greater than zero for generation-skipping transfer tax purposes, my Trustee, excluding any Interested Trustee, may during the lifetime of the beneficiary of the trust, grant the beneficiary a testamentary power to appoint all or part of such beneficiary's trust or trust share to the creditors of the beneficiary's estate. The Trustee granting the power of appointment may require, as a condition for the beneficiary's exercise of such power, that the beneficiary obtain the consent of such Trustee. Any testamentary power of appointment granted by the Trustee shall be in writing and may be revoked at any time during the lifetime of the beneficiary to whom the power was gIven. Ramesh M. Khona Living Trust 10 Article Sixteen My Trustee's Powers Section 16.01 Introduction to Trustee's Powers Except as otherwise specifically provided in this agreement, my Trustee may exercise, without prior approval from any court, all the powers conferred by this agreement and any powers conferred by law, including, without limitation, those powers set forth under the common law or statutory law of the Commonwealth of Pennsylvania or any other jurisdiction whose law applies to this trust. The powers set forth in the laws of Pennsylvania are specifically incorporated into this trust agreement. The powers conferred upon my Trustee by law, including those powers conferred by Pennsylvalia law shall be subject to any express limitations or contrary directions contained in this agreement. My Trustee shall exercise these powers in the manner my Trustee determines to be in the best interests of the beneficiaries. My Trustee shall not exercise any of its powers in a manner that is inconsistent with the right of the beneficiaries to the beneficial enjoyment of the trust property in accordance with the general principles of the law of trusts. The Trustee of a trust may have duties and responsibilities in addition to those described in this agreement. I encourage my Trustee to obtain appropriate legal advice if my Trustee has any questions concerning its duties and responsibilities as Trustee. Section 16.02 Execution of Documents by My Trustee My Trustee may execute and deliver any and all instruments in writing that my Trustee considers necessary to carry out any of the powers granted in this agreement. Section 16.03 Investment Powers in General My Trustee may invest in any type of investment that my Trustee determines is consistent with the investment goals of my trust, whether inside or outside the geographic borders of the United States of America and its possessions or territories, taking into account my trust's overall investment portfolio. Without limiting my Trustee's investment authority in any way, I request that my Trustee exercise reasonable care and skill in selecting and retaining trust investments. I also request that my Trustee take into account the following factors in choosing investments for my trust: Ramesh M. Khona Living Trust 1 The potential return from the investment, both in the form of income and appreci ation; The potential income tax consequences of the investment; The investment's potential for volatility; and The role the investment will play in the trust's portfolio. I request that my Trustee, in arranging the investment portfolio of the trust, also consider the possible effects of inflation or deflation, changes in global and U.S. economic conditions, transaction expenses, and the trust's need for liquidity. My Trustee may delegate its discretion to manage trust investments to any registered investment adviser or corporate fiduciary. Section 16.04 Banking Powers My Trustee may establish bank accounts of any type in one or more banking institutions that my Trustee may choose. My Trustee may open accounts in the name of my Trustee (with or without disclosing fiduciary capacity) or in the name of the trust. When an account is in the name of the trust, checks on that account and authorized signatures need not disclose the fiduciary nature of the account or refer to any trust or Trustee. An account from which my Trustee makes frequent disbursements need not be an interest bearing account. My Trustee may authorize withdrawals from an account by check, draft or other instrument or in any other manner. Section 16.05 Business Powers My Trustee is authorized to serve as an officer, director, manager, or in any other capacity of any proprietorship, partnership, joint venture, corporation, or other enterprise in which the trust has an interest (whether or not such interest is total or controlling). My Trustee may receive compensation for services. My Trustee may contract with and otherwise deal with any such enterprise in the same manner as it would with any enterprise in which the trust has no interest, and may use any voting power my Trustee may have to implement its authority (whether as Trustee or as an officer, director, or other official of the enterprise). With respect to any units in a limited liability company, limited partnership, or stock in a closely-held corporation ("closely-held company") that are contributed to the trust, the powers granted to my Trustee in this Article shall not disqualify my Trustee from acting personally and independently, and not in a fiduciary capacity, with respect to any closely held company, from holding office in the closely-held company, from accepting Ramesh M. Khona Living Trust 2 remuneration from the closely-held company, from voting any units or stock in favor of the Trustee as a director or officer of the closely-held company, or from purchasing or selling units or stock of the closely-held company. If the trust owns or acquires an interest in a business as a shareholder, partner, sole proprietor, member, participant in a joint venture or otherwise, my Trustee may exercise the authority and discretion provided for in this Section. The powers granted in this Section are in addition to and not in limitation of all other powers granted to my Trustee in this agreement. (a) No Duty to Diversify Notwithstanding any duty to diversify imposed by state law, my Trustee may retain any business in which the trust has an ownership interest even though the interest may constitute all or a substantial portion of the trust property. I recognize that the value of a non-controlling interest in a business entity may be less than the underlying value of the net assets of the entity. Nonetheless, I authorize my Trustee to retain non-controlling business interests owned by the trust. (b) Specific Management Powers My Trustee shall have all power and authority necessary to manage and operate any business owned by the trust, whether directly or indirectly, including, without limitation, the express powers set forth in this subsection. My Trustee may participate directly in the conduct of the business, by serving as a general partner of a limited partnership, a member, manager or managing member of a limited liability company, or a shareholder of a corporation, or may employ others to serve in that capacity. My Trustee may take part in the management of the business and delegate duties with respect to management, together with the requisite powers, to any employee, manager, partner or associate of the business, without incurring any liability for the delegation. To the extent that the business interest held by the trust is not one that includes management powers (such as a minority stock interest, limited partnership interest, or a membership interest in a limited liability company), my Trustee shall have no obligation to supervise the management of the underlying assets, and no liability for the actions of those who do manage the business. My Trustee may enter into management agreements and nominee agreements whereby my Trustee and the trust may serve as the exclusive manager or nominee of property or property interests on behalf of any limited partnership, limited liability company or corporation. Ramesh M. Khona Living Trust 3 My Trustee, individually or if my Trustee is a corporate fiduciary or an employee of the Trustee, may act as a director, general or limited partner, associate or officer of the business. My Trustee may participate with any other person or entity in the formation or continuation of a partnership either as a general or limited partner, or in any joint venture. My Trustee shall have and exercise all the powers of management necessary and incidental to a membership in the partnership, limited partnership, or joint venture, including the making of charitable contributions. My Trustee may reduce, expand, limit or otherwise adjust the operation or policy of the business. My Trustee may subject the principal and income of the trust to the risks of the business for such term or period as my Trustee may determine. My Trustee may advance money or other property to any business in which the trust has an interest, make loans (subordinated or otherwise) of cash or securities to the business and guarantee the loans of others made to the business. My Trustee may borrow money for the business, either alone or with other persons interested in the business, and secure any such loan or loans by a pledge or mortgage of any part of any trust property My Trustee may select and vote for directors, partners, associates and officers of the business. My Trustee may enter into owners' agreements with a business in which the trust has an interest or with the other owners of the business. My Trustee may execute agreements and amendments to agreements that are necessary to the operation of the business including, but not limited to, stockholder agreements, partnership agreements, buy-sell agreements and operating agreements for limited liability companies. My Trustee may generally exercise any and all powers necessary for the continuation, management, sale or dissolution of the business. My Trustee may participate in the sale, reorganization, merger, consolidation, recapitalization, or liquidation of the business. My Trustee may sell or liquidate the business or business interest on such price and on such terms as my Trustee deems advisable and in the best interests of the trust and the beneficiaries. My Trustee may sell any business interest held by the trust to one or more of the beneficiaries of this trust or to any trust in which a majority of the beneficiaries are one or more of the beneficiaries of this trust. The sale may be made in exchange for cash, a private annuity, an installment note or any combination thereof. Ramesh M. Khona Living Trust 4 My Trustee may exercise all of the business powers granted in this agreement even though my Trustee may be personally invested in or otherwise involved with the business. (c) Business Liabilities If any tort or contract liability arises in connection with the business, and if the trust is a responsible party with regard to the liability, my Trustee shall satisfy the liability first from the assets of the business, and only then from other trust property. (d) Trustee Compensation In addition to the Trustee compensation set forth in Sixteen 16.05( d), my Trustee may receive additional reasonable compensation for services in connection with the operation of the business. My Trustee may receive this compensation directly from the business, from the trust or partly from both. (e) Conflicts of Interest My Trustee may exercise all of the powers granted in this trust agreement even though my Trustee may be involved with or have a personal interest in the business. Section 16.06 Contract Powers My Trustee may sell at public or private sale, transfer, exchange for other property, and otherwise dispose of trust property for consideration and upon terms and conditions that my Trustee deems advisable. My Trustee may grant options of any duration for any such sales, exchanges, or transfers of trust property. My Trustee may enter into contracts, and may deliver deeds or other instruments, that my Trustee deems appropriate. Section 16.07 Common Investments For purposes of convenience with regard to the administration and investment of the trust property, my Trustee may invest part or all of the trust property jointly with trust property of other trusts for which my Trustee is also serving as a Trustee. For this purpose, a corporate fiduciary acting as my Trustee may use common funds for investment. When trust property is managed and invested in this manner, my Trustee shall maintain records that sufficiently identify that portion of the jointly invested assets that constitute the trust property of this trust. Ramesh M. Khona Living Trust 5 Section 16.08 Environmental Powers My Trustee shall have the right to inspect trust property to determine compliance with or to respond to any environmental law affecting the trust property. "Environmental law" shall mean any federal, state, or local law, rule, regulation, or ordinance relating to protection of the environment or of human health. My Trustee may refuse to accept property ifmy Trustee determines that the property is or may be contaminated by any hazardous substance or is or was used for any purpose involving hazardous substances that could create liability to the trust or to my Trustee. My Trustee may use and expend trust property to (i) conduct environmental assessments, audits or site monitoring; (ii) take remedial action to contain, clean up or remove any hazardous substance including a spill, discharge or contamination; (iii) institute, contest or settle legal proceedings brought by a private litigant or any local, state, or federal agency concerned with environmental compliance; (iv) comply with any order issued by any court or by any local, state, or federal agency directing an assessment, abatement or clean-up of any hazardous substance; and (v) employ agents, consultants and legal counsel to assist my Trustee in these actions. My Trustee shall not be liable for any loss or reduction in value sustained by my trust as a result of my Trustee's retention of property on which hazardous materials or substances requiring remedial action are discovered unless my Trustee contributed to the resulting loss or reduction in value through willful misconduct or gross negligence. My Trustee shall not be liable to any beneficiary or to any other party for any decrease in the value of trust property as a result of my Trustee's compliance with any environmental law, including any reporting requirement. My Trustee may release, relinquish or disclaim any power held by my Trustee that my Trustee determines may cause my Trustee to incur individual liability under any environmental law . Section 16.09 Farm, Ranch and Other Agricultural Powers My Trustee may retain, acquire, and sell any farm or ranching operation, whether as a sole proprietorship, partnership, or corporation. My Trustee may engage in the production, harvesting, and marketing of farm and ranch products either by operating directly or with management agencies, hired labor, tenants, or sharecroppers. My Trustee may engage and participate in any government farm program, whether state or federa11y sponsored. Ramesh M. Khona Living Trust 6 My Trustee may purchase or rent machinery, equipment, livestock, poultry, feed, and seed. My Trustee may improve and repair all farm and ranch properties; construct buildings, fences, and drainage facilities, and acquire, retain, improve, and dispose of wells, water rights, ditch rights, and priorities of any nature. My Trustee may do all things customary or desirable to operate a farm or ranch operation for the benefit of the beneficiaries. Section 16.10 Insurance Powers My Trustee may purchase, accept, hold, and deal with as owner, policies of insurance on my life, the life of any beneficiary, or on the life of any person in whom any beneficiary has an insurable interest. My Trustee may purchase disability, medical, liability, long-term health care and other insurance on behalf of and for the benefit of any beneficiary. My Trustee may purchase annuities and similar investments for any beneficiary. My Trustee shall have the power to execute or cancel any automatic premium loan agreement with respect to any policy, and shall have the power to elect or cancel any automatic premium loan provision in a life insurance policy. My Trustee may borrow money to pay premiums due on any policy, either by borrowing from the company issuing the policy or from another source. My Trustee may assign the policy as security for the loan. My Trustee shall have the power to exercise any option contained in a policy with regard to any dividend or share of surplus apportioned to the policy, to reduce the amount of a policy or convert or exchange the policy, or to surrender a policy at any time for its cash value. My Trustee may elect any paid-up insurance or extended term insurance nonforfeiture option contained in a policy. My Trustee shall have the power to sell any policy at its fair market value to anyone having an insurable interest in the policies including the insured. My Trustee shall have the right to exercise any other right, option, or benefit contained in a policy or permitted by the insurance company issuing the policy. Upon termination of the trust, my Trustee shall have the power to transfer and assign the policies held by the trust as a distribution oftrust property. Ramesh M. Khona Living Trust 7 Section 16.11 Loans and Borrowing Powers My Trustee may make secured or unsecured loans to any person (including a beneficiary), entity, trust or estate, for any term or payable on demand, with or without interest. My Trustee may enter into or modify the tenus of any mortgage or security agreement granted in connection with any loan and may release or foreclose on the mortgage or security. My Trustee may borrow money at interest rates and on other terms that it deems advisable from any person, institution or other source including, in the case of a corporate fiduciary, its own banking or commercial lending department. My Trustee may encumber trust property by mortgages, pledges and other hypothecation and shall have the power to enter into any mortgage, whether as a mortgagee or mortgagor even though the term may extend beyond the termination of the trust and beyond the period that is required for an interest created under this agreement to vest in order to be valid under the rule against perpetuities. My Trustee may purchase, sell at public or private sale, trade, renew, modify, and extend mortgages. My Trustee may accept deeds in lieu of foreclosure. Section 16.12 Nominee Powers My Trustee may hold real estate, securities and any other trust property in the name of a nominee or in any other form without disclosing the existence of any trust or fiduciary capacity. Section 16.13 Oil, Gas and Mineral Interests My Trustee may acquire, maintain, develop and exploit, either alone or jointly with others, any oil, gas, coal, minerals or other natural resource rights or interests. My Trustee may drill, test, explore, mine, develop, extract, remove, convert, manage, retain, store, sell and exchange any of such rights and interests on terms and for a price that my Trustee deems advisable. My Trustee may execute leases, pooling and unitization agreements and other types of agreements in connection with such oil, gas, coal, mineral and other natural resource rights and interests even though such arrangements may extend beyond the termination of the trust. My Trustee may execute division orders, transfer orders, releases, assigrunents, farm outs, and any other instruments that it deems proper. Ramesh M. Khona Living Trust 8 My Trustee may employ the services of consultants and outside specialists in connection with the evaluation, management, acquisition, disposition, and development of any mineral interest, and may pay the cost of the services from the principal and income of the trust property. Section 16.14 Payment of Taxes and Expenses Except as otherwise provided in this agreement, my Trustee is authorized to pay all property taxes, assessments, fees, charges, and other expenses incurred in the administration or protection of the trust. All payments shall be a charge against the trust property and shall be paid by my Trustee out of the income, or to the extent that the income is insufficient, then out of the principal of the trust property. The determination of my Trustee with respect to the payment of expenses shall be conclusive upon the beneficiaries. Section 16.15 Qualified Family Owned Business Interests Deduction My Trustee, other than an Interested Trustee, shall have the power to amend the terms of a trust holding "qualified family-owned business interests" as defined in Section 2057 of the Internal Revenue Code, in order to permit trust property to qualify for the "family owned business deduction," even if the amendment changes beneficial interests and that directs the segregation of trust property into more than one trust. Section 16.16 Qualified Real Property Valuation My Trustee, other than an Interested Trustee, shall have the power to amend the terms of a trust holding "qualified real property" as defined in Section 2032A of the Internal Revenue Code, in order to permit the qualified real property to qualify or continue to qualify for special use valuation permitted under Section 2032A, even if the amendment changes beneficial interests and that directs the segregation of trust property into more than one trust. Section 16.17 Real Estate Powers My Trustee may sell at public or private sale, purchase, exchange, lease for any period, mortgage, manage, alter, improve and in general deal in and with real property in such manner and on such terms and conditions as my Trustee deems appropriate. My Trustee may grant or release easements in or over, subdivide, partition, develop, raze improvements, and abandon, any real property. Ramesh M. Khona Living Trust 9 My Trustee may manage real estate in any manner that my Trustee deems best and shall have all other real estate powers necessary for this purpose. My Trustee may enter into contracts to sell real estate. My Trustee may enter into leases and grant options to lease trust property even though the term of the agreement extends beyond the termination of the trust and beyond the period that is required for an interest created under this agreement to vest in order to be valid under the rule against perpetuities. For such purposes, my Trustee may enter into any contracts, covenants and warranty agreements that my Trustee deems appropriate. Section 16.18 Residences and Tangible Personal Property My Trustee may acquire, maintain and invest in any residence for the use and benefit of the beneficiaries, whether or not the residence is income producing and without regard to the proportion that the value of the residence may bear to the total value of the trust property and even if retaining the residence involves financial risks that trustees would not ordinarily incur. My Trustee may payor make arrangements for others to pay all carrying costs of the residence, including, but not limited to, taxes, assessments, insurance, expenses of maintaining the residence in suitable repair, and other expenses relating to the operation of the residence for the benefit of the beneficiaries. My Trustee may acquire, maintain and invest in articles of tangible personal property, whether or not the property is income producing, and may pay the expenses of the repair and maintenance of the property. My Trustee shall have no duty to convert the property referred to in this Section to productive property except as required by other provisions of this agreement. My Trustee may permit any income beneficiary of the trust to occupy any real property or use any personal property owned by the trust on terms or arrangements that my Trustee may determine, including rent free or in consideration for the payment of taxes, insurance, maintenance, repairs, or other charges. My Trustee shall have no liability for any depreciation or loss as a result of the retention of any property retained or acquired under the authority of this Section. Section 16.19 Retention and Abandonment of Trust Property My Trustee may retain, without liability for depreciation or loss resulting from retention, any property constituting the trust at the time of its creation, at the time of my death or as the result of the exercise of a stock option. My Trustee may retain property, notwithstanding the fact that the property may not be of the character prescribed by law for the investment of assets held by a fiduciary, and notwithstanding the fact that retention may result in inadequate diversification under any applicable Prudent Investor Act or other applicable law. Ramesh M. Khona Living Trust 10 My Trustee may hold property that is non-income producing or is otherwise nonproductive if holding the property is, in the sole and absolute discretion of my Trustee, in the best interests of the beneficiaries. On the other hand, except when I am serving as a Trustee, my Trustee shall invest contributions of cash and cash equivalents as soon as reasonably practical after the assets have been acquired by the trust. My Trustee is permitted to retain a reasonable amount in cash or money market accounts in order to pay anticipated expenses and other costs and to provide for anticipated distributions to or for the benefit of a beneficiary. But my Trustee shall convert any nonproductive property held in any trust qualifying for the federal estate tax marital deduction as qualified terminable interest property under Section 2056(b )(7) of the Internal Revenue Code and for any state death tax marital deduction under the law of any state to productive property upon the written request of my wife. My Trustee may abandon any trust property that my Trustee deems to be of insignificant value. Section 16.20 Securities, Brokerage and Margin Powers My Trustee may buy, sell, trade and otherwise deal in stocks, bonds, investment companies, mutual funds, common trust funds, commodities, options and other securities of any kind and in any amount, including short sales. My Trustee may write and purchase call or put options, and other derivative securities. My Trustee may maintain margin accounts with brokerage firms and may pledge securities to secure loans and advances made to my Trustee or to or for the benefit of a beneficiary. My Trustee may place all or any part of the securities held by the trust in the custody of a bank or trust company. My Trustee may have all securities registered in the name of the bank or trust company or in the name of its nominee. My Trustee may appoint the bank or trust company as the agent or attorney in fact to collect, receive, receipt for and disburse any income and generally to perform the duties and services incident to a custodian of accounts. My Trustee may employ a broker-dealer as a custodian for securities held by the trust and may register the securities in the name of the broker-dealer or in the name of a nominee with or without the addition of words indicating that the securities are held in a fiduciary capacity. My Trustee may hold securities in bearer or uncertificated form and may use a central depository, clearing agency or book-entry system, such as The Depository Trust Company, Euroclear or the Federal Reserve Bank of New York. My Trustee may participate in any reorganization, recapitalization, merger or similar transaction. My Trustee may exercise or sell conversion or subscription rights for securities of all kinds and description. My Trustee may give proxies or powers of attorney that may be discretionary and with or without powers of substitution. My Trustee may vote or refrain from voting as to any matter. Ramesh M. Khona Living Trust 11 Section 16.21 Settlement Powers My Trustee may settle, by compromise, adjustment, arbitration or otherwise any and all claims and demands in favor of or against the trust. My Trustee may release or abandon any claim in favor of the trust. Section 16.22 Sub-Chapter S Corporation Stock Provisions After my death and during any period when the trust is not treated for tax purposes as a grantor trust under Section 671 of the Internal Revenue Code, my Trustee may elect to hold any S corporation stock held by the trust as a separate "electing small business trust" as defined in Section 1361 (d)(3) or as a separate "qualified subchapter S trust," as defined in Section 1361 (e)(1). In making this determination, my Trustee may consider any changes to the terms and conditions of the trust that will be required as a result of either election. For purposes of this Section, "S corporation stock" shall mean all capital stock issued by a corporation (or other entity taxable as a corporation for federal income tax purposes) that is treated, or intends to be treated under Section l36l(a), as an "S corporation" for federal income tax purposes. (a) Electing Treatment as an Electing Small Business Trust If my Trustee elects under Section 1361 (e )(3) of the Code to qualify the trust as an "electing small business trust," my Trustee shall: Apportion to the electing small business trust a reasonable share of the unallocated expenses of all trusts created under this agreement, in accordance with the applicable provisions of the Internal Revenue Code and Treasury Regulations; and Administer the trust as an electing small business trust, under Section 1361 (e) of the Internal Revenue Code. (b) Electing Treatment as a Qualified Subchapter S Trust If my Trustee elects to treat the trust as a "qualified subchapter S trust," my Trustee shall: Refer to the qualified subchapter S trust using the same name as the trust to which the stock was originally allocated, plus the name of the current income beneficiary of the trust, followed by the letters "QSST;" Ramesh M. Khona Living Trust 12 Administer the qualified subchapter S trust in accordance with the same provisions contained in the trust to which the S corporation stock was originally allocated; provided, however, that the provisions of this subsection shall control the administration of the trust to the extent that they are inconsistent with the provisions of the original trust; Maintain the qualified subchapter S trust as a separate trust held for the benefit of one beneficiary as required in Section 1361 (d)(3); and Request that the current income beneficiary of the trust, with the assistance of my Trustee, make an election in accordance with Section 1361 (d)(2) to qualify the trust as a qualified subchapter S trust within the meaning of Section 1361(d)(3). (1) Current Income Beneficiary The "current income beneficiary" of a qualified subchapter S trust is the person who has a present right to receive income distributions from the trust to which the S corporation stock is allocated. A qualified subchapter S trust shall have only one current income beneficiary. If under the terms of the agreement, there is more than one person who has a present right to receive income distributions from the trust originally holding the S corporation stock, my Trustee shall cause the S corporation stock to be segregated into separate qualified subchapter S trusts for each person who has a present right to receive income distributions. (2) Distributions Until the first to occur of (a) the death of the current income beneficiary and (b) the date on which the qualified subchapter S trust no longer holds any S corporation stock (the "QSST termination date"), my Trustee shall distribute to the current income beneficiary, at least annually, all of the trust's "net income," as that term is defined in Section 643(b) of the Internal Revenue Code. The terms of the trust to which the S corporation stock was originally allocated shall govern distributions of principal from the qualified subchapter S trust; provided, however, Ramesh M. Khona Living Trust 13 that my Trustee may only distribute principal to the current income beneficiary of the qualified subchapter S trust. Upon the QSST termination date, my Trustee shall distribute the remaining trust assets to the current income beneficiary, if he or she is then living, and if not, to the current income beneficiary's estate. (3) Allocation of Income and Expenses My Trustee shall characterize receipts and expenses of any qualified subchapter S trust in a manner consistent with Section 643(b) of the Internal Revenue Code. (4) Trust Merger or Consolidation My Trustee may not merge or consolidate any qualified subchapter S trust with the assets of another trust if doing so would jeopardize the qualification of either trust as a qualified subchapter S trust. (c) Governance of the Trusts The following additional provIsIons shall apply to any separate trust created under this Section. (1) Protection of S Corporation Status My Trustee shall not administer a trust holding S corporation stock in a manner that would cause the termination of the S corporation status of the entity whose stock is held as part of the trust. Therefore during any period that the trust holds S corporation stock, the terms of this agreement shall be construed in a manner that is consistent with the trust qualifying as an electing small business trust or as a qualified subchapter S trust. Any provision of this agreement that cannot be so construed or applied shall be disregarded. (2) Methods of Distribution No method of distribution permitted under this Section may be used in a manner that would jeopardize the qualification of the trust as an electing small business trust or as a qualified subchapter S trust. Ramesh M. Khona Living Trust 14 (3) Election Any reference in this agreement to any person acting in an individual or fiduciary capacity, making an election for himself or for or on behalf of any other person, shall include, but not be limited to, an election made in accordance with Section 1361(e)(3), Section 1361(d)(2) or any other applicable subsection of Section 1361 of the Internal Revenue Code. (4) Disposition of S Corporation Stock If the continuation of any trust would, in my Trustee's opinion, result in the termination of the S corporation status of any entity whose stock is held as a part of the trust property, my Trustee, other than an Interested Trustee, shall have, in addition to the power to sell or otherwise dispose of the stock, the power to distribute the stock to the person who is then entitled to receive the income from the trust. Section 16.23 Limitation on My Trustee's Powers All powers granted to my Trustee under this agreement or by applicable law shall be limited as set forth in this Section, unless explicitly excepted by reference to this Section. The limitations set forth in this Section shall not apply to me. (a) An Interested Trustee Limited to Ascertainable Standards An Interested Trustee may not exercise or participate in the exercise of discretion with respect to the distribution of income or principal, or the termination of the trust to or for the benefit of a beneficiary, to the extent that the exercise of such discretion is other than for the health, education, maintenance or support of a beneficiary as described under Sections 2041 and 2514 of the Internal Revenue Code. (b) No Distributions in Discharge of Support Obligation of My Trustee My Trustee may not exercise or participate in the exercise of discretion with respect to the distribution of income or principal to any person my Trustee is legally obligated to support, to the extent the distribution discharges the support obligation of my Trustee. If a beneficiary has the power to remove a Trustee, the Trustee may not exercise or participate in the exercise of discretion with respect to the distribution of income or principal to any person the beneficiary having Ramesh M. Khona Living Trust 15 the power to remove is legally obligated to support, to the extent such distribution discharges the support obligation of the beneficiary. (c) Insurance Policy on the Life of My Trustee If the trust holds a policy that insures the life of my Trustee, my Trustee shall have no right to exercise any powers or rights with respect to the policy. A Cotrustee serving under this agreement shall exercise the powers and rights with respect to the policy. If the insured Trustee is the only Trustee, then an Independent Special Trustee designated under Section 3.08 shall exercise the powers and rights with respect to the policy. If any rule of law or court decision construes the ability of the insured Trustee to name an Independent Special Trustee as an incident of ownership of the policy, then a majority of the then current mandatory and discretionary income beneficiaries (excluding the insured Trustee if he or she is a beneficiary) shall select the Independent Special Trustee. (d) Insurance Policy on a Beneficiary's Life If the trust holds a policy that insures the life of a beneficiary, the beneficiary (acting individually or as Trustee) shall have no power over the policy, the cash value of the policy, or the proceeds of the policy. The intent of this denial of power is to prevent an insured beneficiary from having a power that would constitute an incident of ownership of the policy. In addition, no distribution of income or principal to the insured beneficiary shall be satisfied out of the proceeds of the policy, the cash value of the policy or any other economic benefit of the policy. The limitations of this subsection shall not apply if the proceeds of the policy would, upon the death of the beneficiary, otherwise be included in the gross estate of the beneficiary for federal estate tax purposes. Ramesh M. Khona Living Trust 16 Article Seventeen General Provisions Section 17.01 Maximum Term for Trusts Notwithstanding any other provision of this agreement to the contrary, unless terminated earlier under other provisions of this agreement, each trust created under this agreement shall terminate 21 years after the last to die of the descendants of my maternal and paternal grandparents and the descendants my wife's maternal and paternal grandparents who are living at the time of my death. At that time, the remaining trust property shall vest in and be distributed to the persons entitled to receive mandatory distributions of net income of the trust and in the same proportions. If no beneficiary is entitled to mandatory distributions of net income, the remaining trust property shall vest in and be distributed to the beneficiaries entitled to receive discretionary distributions of net income of the trust, in equal shares per stirpes. Section 17.02 Spendthrift Provision Neither the income nor the principal of the trust property shall be assigned, anticipated or alienated in any manner by any beneficiary, nor shall it be subject to attachment, bankruptcy proceedings or any other legal process, or to the interference or control of creditors or others. Nothing contained in this Section shall restrict in any way the exercise of any power of appointment granted in this agreement. Section 17.03 Contest Provision If any beneficiary of this trust or any trust created under this trust agreement, alone or in conjunction with any other person engages in any of the following actions, the right of such beneficiary to take any interest given to such beneficiary under this trust or any trust created under this trust agreement shall be determined as it would have been determined had such beneficiary predeceased me without surviving issue. Contests by a claim of undue influence, fraud, menace, duress or lack of testamentary capacity, or otherwise objects in any court to the validity of (a) this trust, (b) any trust created under the terms of this agreement, (c) my will, or (d) any beneficiary designation of an annuity, retirement plan, IRA, Keogh, pension or profit sharing plan or insurance policy signed by Ramesh M. Khona Living Trust 1 me, (collectively referred to hereafter in this Section as "Document" or "Documents") or any amendments or codicils to any Document; or Seeks to obtain an adjudication in any court proceeding that a Document or any of its provisions is void, or otherwise seeks to void, nullify or set aside a Document or any of its provisions; or Files suit on a creditor's claim filed in a probate of my estate, against my trust estate, or any other Document, after rejection or lack of action by the respective fiduciary; or Files a petition or other pleading to change the character (community, separate, joint tenancy, partnership, domestic partnership, real or personal, tangible or intangible) of property already so characterized by a Document; or Claims ownership in a court proceeding to any asset I hold in joint tenancy, other than as a surviving joint tenant; or Files a petition to determine domestic partnership property as my cohabitant; or Files a petition for probate homestead in a probate proceeding of my estate without the prior written consent of the personal representative designated in my Will; or Files a petition for family allowance in a probate of my estate without the prior written consent of the personal representative designated in my will; or Files a petItIOn to impose a constructive trust or resulting trust on any assets of the trust estate; or Participates in any of the above actions in a manner adverse to the trust estate, such as conspiring with or assisting any person who takes any of the above actions; My Trustee is hereby authorized to defend, at the expense of the trust estate, any violation of this Section. A "contest" shall include any action described above in an arbitration proceeding and shall not include any action described above solely in a mediation not preceded by a filing of a contest with a court, notwithstanding the foregoing. This Section shall not apply so as to cause a forfeiture of any distribution otherwise qualifying for the federal estate tax marital deduction or charitable deduction. Ramesh M. Khona Living Trust 2 Section 17.04 Survivorship Presumption If my wife and I die under circumstances in which the order of our deaths cannot be established, I shall be deemed to have survived my wife. If any other beneficiary is living at my death, but dies within 90 days after my death, then the beneficiary shall be deemed to have predeceased me for purposes of this agreement. Section 17.05 Divorce or Annulment If my marriage to my wife ends by divorce or annulment, my wife shall cease to be a beneficiary under this agreement and shall be treated for purposes of this agreement as though she predeceased me. If my wife is serving as my Trustee at the time that my marriage to my wife ends, she shall cease to be a Trustee. Section 17.06 Changing the Situs of Administration My Trust Protector may, at any time, remove all or any part of the property or the situs of administration of the trust from one jurisdiction to another. My Trust Protector may elect, by filing an instrument with the trust records, that the trust shall thereafter be construed, regulated and governed as to administration by the laws of the new jurisdiction. My Trust Protector may take action under this Section for any purpose my Trust Protector deems appropriate, including the minimization of any taxes in respect of the trust or any beneficiary of such trust. If necessary, the beneficiaries entitled to receive distributions of net income under the trust may, by majority consent, appoint a corporate fiduciary in the new situs. If a beneficiary is a minor or is incapacitated, the parent or legal representative of the beneficiary may act on behalf of the beneficiary. Section 17.07 Definitions For purposes of this agreement, the following terms shall have the following meanings: (a) Adopted and Afterborn Persons A legally adopted person in any generation and his or her descendants, including adopted descendants, shall have the same rights and be treated in the same manner under this agreement as natural children of the adopting parent, provided such person is legally adopted prior to attaining the age of 18 years. A person shall be deemed to be legally adopted if the adoption was legal in the jurisdiction in which it occurred at the time that it occurred. Ramesh M. Khona Living Trust 3 A fetus in utero that is later born alive shall be considered a person in being during the period of gestation. But a person's children or descendants shall not include an individual who is the person's child or descendant by virtue of legal adoption if the adoption occurred on or after the date of my death and is older than the oldest living child or descendant of such person on that date. (b) Agreement The term "this agreement" means this trust agreement and includes all trusts created under the terms of this agreement. (c) Available GST Exemption "My available GST Exemption" means the GST Exemption provided in Section 2631 of the Internal Revenue Code in effect at the time of my death; reduced by the aggregate of (1) the amount, if any, of GST Exemption allocated to my lifetime transfers, including those allocations made at the time of my death by my Personal Representative, by my Trustee, or by operation of law and (2) the amount, if any, allocated to direct skips as defined in Section 26l2( c)(1) of the Internal Revenue Code that do not qualify for an exclusion from the generation-skipping transfer tax occurring at my death to or for the benefit of my descendants. If, at the time of my death, I have made a lifetime transfer to a trust with an inclusion ratio of greater than zero but have not filed a gift tax return and the due date for the gift tax return has not yet passed, my available GST Exemption shall also be reduced to the extent necessary and possible to reduce the trust inclusion ratio to zero, thereby exempting the transfer from generation-skipping transfer tax. "My wife's available GST Exemption" means the GST Exemption in effect at the time of her death; reduced by the aggregate of (1) the amount, if any, of GST Exemption allocated to her lifetime transfers, including those allocations made at the time of her death by her Personal Representative, by her Trustee, or by operation of law and (2) the amount, if any, allocated to direct skips that do not qualify for an exclusion from the generation-skipping transfer tax occurring at her death to or for the benefit of my descendants. If, at the time of her death, she has made a lifetime transfer to a trust with an inclusion ratio of greater than zero but has not filed a gift tax return and the due date for the gift tax return has not yet passed, my wife's available GST Exemption shall also be reduced to the extent necessary and possible to exempt the transfer from generation-skipping transfer tax. Ramesh M. Khona Living Trust 4 (d) Descendants The term "descendants" shall include a person's lineal descendants of all generations. (e) Education The term "education" is intended to be an ascertainable standard in accordance with Section 2041 and Section 2514 of the Internal Revenue Code and shall include, but not be limited to: Enrollment at private elementary, junior and senior high school including boarding school; Undergraduate and graduate study in any field at a college or university; Specialized, vocational or professional trammg or instruction at any institution, including private instruction; and Any other curriculum or activity that my Trustee may deem useful for developing the abilities and interests of a beneficiary including, without limitation, athletic training, musical instruction, theatrical training, the arts and travel. The term "education" shall also include distributions made by my Trustee for expenses such as tuition, room and board, fees, books and supplies, tutoring and transportation and a reasonable allowance for living expenses. (f) Grantor The term "Grantor" shall have the same legal meaning as "Settlor," "Trustor" or any other term referring to the maker of a trust. (9) Incapacity Except as otherwise provided in this agreement, a person shall be deemed incapacitated in anyone of the following circumstances. (1) The Opinion of Two Licensed Physicians An individual shall be deemed incapacitated whenever, in the opinion of two licensed physicians, the individual is unable to effectively manage his or her property or financial affairs, whether as a result of age, illness, use of prescription medications, drugs or other substances, or any other cause. Ramesh M. Khona Living Trust 5 An individual shall be deemed restored to capacity whenever the individual's personal or attending physician provides a written opinion that the individual is able to effectively manage his or her property and financial affairs. (2) Court Determination An individual shall be deemed incapacitated if a court of competent jurisdiction has declared the individual to be disabled, incompetent or legally incapacitated. (3) Detention, Disappearance or Absence An individual shall be deemed incapacitated whenever he or she cannot effectively manage his or her property or financial affairs due to the individual's unexplained disappearance or absence for more than 30 days, or whenever he or she is detained under duress. An individual's disappearance or absence or detention under duress may be established by an affidavit of my Trustee, or, if no Trustee is serving, by the affidavit of any beneficiary. The affidavit shall describe the circumstances of the individual's disappearance, absence or detention and may be relied upon by any third party dealing in good faith with my Trustee in reliance upon the affidavit. (h) Income Beneficiary The term "income beneficiary" means any beneficiary who is then entitled to receive distributions of the net income of the trust, whether mandatory or discretionary. Unless otherwise provided in this agreement, the phrase "majority of the income beneficiaries" means any combination of income beneficiaries who, if all accrued net income were distributed on the day of a vote by the beneficiaries, would receive more than 50% of the accrued net income. For purposes of this calculation, beneficiaries who are eligible to receive discretionary distributions of net income shall be deemed to receive the income in equal shares. References to a "majority" refer to a majority of the entire trust collectively until my Trustee allocates property to separate trusts or trust shares. After the allocation of property to separate trusts or trust shares, references to a "majority" refer to a majority of each separate trust or trust share. Ramesh M. Khona Living Trust 6 (i) Income in Respect of a Decedent (IRD) The term "income in respect of a decedent" or "IRD" means income received after a decedent's death that would have been taxable to the decedent if the income had been received by the decedent during the decedent's lifetime. For example, payments under qualified retirement plans and other deferred compensation arrangements are IRD. For purposes of this agreement, IRD means any income that would be classified as IRD under Section 691(a) of the Internal Revenue Code. (j) Independent Trustee The term "Independent Trustee" means a Trustee who is not an Interested Trustee as defined in Article Three. Only an Independent Trustee may exercise those powers granted exclusively to an Independent Trustee and when the phrase "other than an Interested Trustee" is used. Whenever this agreement specifically prohibits an Interested Trustee from exercising discretion or performing an act, then only an Independent Trustee may exercise that discretion or perform that act. An Independent Trustee shall not be liable to any person for any good faith exercise or nonexercise of its discretion under this agreement. (k) Interested Trustee The term "Interested Trustee" means (1) a Trustee who is a transferor of property to the trust (including a person whose qualified disclaimer resulted in property passing to the trust); (2) a Trustee who is a beneficiary of the trust; or (3) a Trustee whom a beneficiary of the trust can remove and replace by appointing a Trustee that is related or subordinate to the beneficiary within the meaning of Section 672(c) of the Internal Revenue Code. For purposes of this subsection "a beneficiary of the trust" means a person who is or in the future may be eligible to receive income or principal from the trust pursuant to the terms of the trust. A person shall be considered a beneficiary of a trust even if he or she has only a remote contingent remainder interest in the trust; however, a person shall not be considered a beneficiary of a trust if the person's only interest is as a potential appointee under a testamentary power of appointment. (I) Internal Revenue Code and Treasury Regulations References to the "Internal Revenue Code" or to its provisions are to the Internal Revenue Code of 1986, as amended from time to time, and the corresponding Treasury Regulations, if any. References to the "Treasury Regulations," are to the Treasury Regulations under the Internal Revenue Code in effect from time to time. If a particular provision of the Internal Ramesh M. Khona Living Trust 7 Revenue Code is renumbered, or the Internal Revenue Code is superseded by a subsequent federal tax law, any reference shall be deemed to be made to the renumbered provision or to the corresponding provision of the subsequent law, unless to do so would clearly be contrary to my intent as expressed in this agreement. The same rule shall apply to references to the Treasury Regulations. (m) Legal Representative or Personal Representative As used in this agreement, the term "legal representative" or "personal representative" means a person's guardian, conservator, executor, administrator, Trustee, or any other person or entity personally representing a person or the person's estate. (n) Per Stirpes \Vhenever a distribution is to be made to a person's descendants "per stirpes," the distribution shall be divided into as many shares as there are then living children ofthe person and deceased children of the person who left then living descendants. Each then living child shall receive one share and the share of each deceased child shall be divided among the child's then living descendants in the same malmer. (0) Qualified Retirement Plan The term "qualified retirement plan" means a plan qualified under Section 401 of the Internal Revenue Code, an individual retirement arrangement under Section 408 or Section 408A or a tax-sheltered annuity under Section 403. The term "qualified retirement benefits" means the amounts held in or distributed pursuant to a plan qualified under Section 401, an individual retirement arrangement under Section 408 or Section 408A, a tax-sheltered annuity under Section 403 or any other benefit subject to the distribution rules of Section 401 (a)(9). (p) Shall and May Unless otherwise specifically provided in this agreement or by the context in which used, I use the word "shall" in this agreement to command, direct or require, and the word "may" to allow or permit, but not require. In the context of my Trustee, when I use the word "may" I intend that my Trustee may act in its sole and absolute discretion unless otherwise stated in this agreement. (q) Trust The terms "this trust" or "this trust agreement" shall refer to this agreement and all trusts created under the terms of this agreement. Ramesh M. Khona Living Trust 8 (r) Trustee The term "my Trustee" or "Trustee" refers to the Trustee named in Article One and to any successor, substitute, replacement or additional person, corporation or other entity that is from time to time acting as the Trustee of any trust created under the terms of this agreement. The term "Trustee" refers to singular or plural as the context may require. (s) Trust Property The phrase "trust property" shall be construed to mean all property held by my Trustee under this agreement, including all property that my Trustee may acquire from any source. Section 17.08 General Provisions and Rules of Construction The following general provisions and rules of construction shall apply to this agreement: (a) Duplicate Originals This agreement may be executed in any number of counterparts, each of which shall be deemed to be an original. Any person may rely upon a copy of this agreement certified under oath by my Trustee to be a true copy, to the same effect as if it were an original. (b) Singular and Plural; Gender Unless the context requires otherwise, words denoting the singular may be construed as plural and words of the plural may be construed as denoting the singular. Words of one gender may be construed as denoting another gender as is appropriate within the context. The word "or" when used in a list of more than two items may function as both a conjunction and a disjunction as the context requires or permits. (c) Headings of Articles, Sections, and Subsections The headings of Articles, Sections, and subsections used within this agreement are included solely for the convenience and reference of the reader. They shall have no significance in the interpretation or construction of this agreement. (d) Governing State Law This agreement shall be governed, construed and administered according to the laws of the Commonwealth of Pennsylvania as from time to time amended, except as to trust property required by law to be governed by the Ramesh M. Khona Living Trust 9 laws of another jurisdiction and unless my Trustee elects to change the Situs of Administration as provided in Section 17.. (e) Notices Unless otherwise stated, whenever this agreement calls for notice, the notice shall be in writing and shall be personally delivered with proof of delivery, or mailed postage prepaid by certified mail, return receipt requested, to the last known address of the party requiring notice. Notice shall be effective on the date personally delivered or on the date of the return receipt. If a party giving notice does not receive the return receipt but has proof that he or she mailed the notice, notice shall be effective on the date it would normally have been received via ce11ified mail. If notice is required to be given to a minor or incapacitated individual, notice shall be given to the parent or legal representative of the minor or incapacitated individual. (f) Plans Not Reciprocal The fact that my wife and I are executing our estate plans concurrently shall not be construed to create any contractual or reciprocal obligations between us. (g) Severability The invalidity or unenforceability of any provision of this agreement shall not affect the validity or enforceability of any other provision of this agreement. If a court of competent jurisdiction determines that any provision is invalid, the remaining provisions of this agreement shall be interpreted and construed as if the invalid provision had never been included in this agreement. I have executed this agreement on the day and year first above written. This agreement shall be effective when signed by me, whether or not now signed by a Trustee. Ramesh M. Khona Living Trust 10 I certify to the officer taking my acknowledgment and to the subscribing witnesses that I have read this trust agreement, that I understand it, and that it correctly states the provisions under which my trust property is to be administered and distributed by my Trustee. ~ ~~ -- Ramesh M. Khona, Grantor and Trustee ~~ 1\. ~~ Marian A. Khona, Trustee CITY OF ALEXANDRIA ) ) ss. ) COMMONWEALTH OF VIRGINIA This instrument was acknowledged before me on May 12, 2004, by Ramesh M. Khona, as Grantor and as Trustee. [Seal] commission expires: March 31, 2005 Ramesh M. Khona Living Trust 11 COMMONWEALTH OF VIRGINIA ) ) ss. ) CITY OF ALEXANDRIA This instrument was acknowledged before me on May 12, 2004, by Marian A. Khona, as Trustee. [Seal] h, Notary Public y commission expires: March 31, 2005 Ramesh M. Khona Living Trust 12 Witness Attestation The foregoing revocable living trust was, on May 12, 2004, published and declared by Ramesh M. Khona, ill our presence to be his revocable living trust. We, in his presence and at his request, and in the presence of each other, have attested to the same and have signed our names as attesting witnesses. We declare that at the time of our attestation of this trust, Rames according to our best knowledge and belief, of sound mind and m undue duress or constraint. rbrich a Man , A 20148 Ste~la~: J., & 1412 14th Street, N.W., Suite 200 Washington, D.C. 20005 COMMONWEALTH OF VIRGINIA ) ) ss. CITY OF ALEXANDRIA ) We, the Grantor and the witnesses, respectively, whose names are signed to the foregoing trust agreement, having been sworn, signed, acknowledged and declared to the undersigned officer that the Grantor, in the presence of witnesses, signed the instrument as his trust agreement, that the Grantor signed, and that each of the witnesses, in the presence of the Grantor, and in the presence of each other, signed the trust agreement as a witness. [SEAL] .---/ ~ Witness my hand and official seal. commission expires: March 31, 2005 Ramesh M. Khona Living Trust 13 ~ COMMONWEALTH OF PENNSYLVANiA 'y DEPARTMENT OF REVENUE ., BUREAU OF INDIVIDUAL TAXES DEPT. 280601 HARRISBURG, PA 17128-0601 REV-1162 EX( 11-96) RECEIVED FROM: PENNSYLVANIA INHERITANCE AND ESTATE TAX OFFICIAL RECEIPT KHONA MARIAN A 6410 CANNON DRIVE MECHANICSBURG, PA 17050 ___n_U fold ESTATE INFORMATION: SSN: 528-80-5290 FILE NUMBER: 2104-0607 DECEDENT NAME: KHONA RAMESH M DATE OF PAYMENT: 09/25/2007 POSTMARK DATE: 09/24/2007 COUNTY: CUMBERLAND DATE OF DEATH: 06/07/2004 NO. CD 008738 ACN ASSESSMENT CONTROL NUMBER AMOUNT 101 I $9,057.57 I I I I I I I I TOTAL AMOUNT PAID: $9,057.57 REMARKS: MARIAN A KHONA CHECK#1080 INITIALS: OM RECEIVED BY: SEAL TAXPAYER GLENDA FARNER STRASBAUGH REGISTER OF WillS REV-1 162 EX(1 1-96) COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF REVENUE BUREAU OF INDIVIDUAL TAXES DEPT. 280601 HARRISBURG. PA 17128-0601 PENNSYLVANIA INHERITANCE AND ESTATE TAX OFFICIAL RECEIPT NO. CD 008738 RECEIVED FROM: KHONA MARIAN A 6410 CANNON DRIVE MECHANICSBURG, PA 17050 ACN ASSESSMENT CONTROL NUMBER AMOUNT -------- fO,ld 101 $9,057.57 ESTATE INFORMATION: SSN: 528-80-5290 FILE NUMBER: 2104-0607 DECEDENT NAME: KHONA RAMESH M DATE OF PAYMENT: 09/25/2007 POSTMARK DATE: 09/24/2007 COUNTY: CUMBERLAND DATE OF DEATH: 06/07/2004 TOTAL AMOUNT PAID: $9,057.57 REMARKS: MARIAN A KHONA CHECK# 1080 INITIALS: DM RECEIVED BY: GLENDA FARNER STRASBAUGH REGISTER OF WILLS SEAL REGISTER OF WILLS COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF REVENUE NOTICE OF INHERITANCE TAX APPRA1SEMENT, ALLOWANCE OR DISALLOWANCE OF DEDUCTIONS AND ASSESSMENT OF TAX DATE 02-18-2008 ESTATE OF KHONA RAMESH M DATE OF DEATH 06-07-2004 FILE NUMBER 21 04-0607 COUNTY CUMBERLAND ACN 101 APPEAL DATE: 04-18-2008 ( See reverse side under Objections) Amount Remittedl ~ MAKE CHECK PAYABLE AND REMIT PAYMENT TO: REGISTER OF WILLS CUMBERLAND CO COURT HOUSE CARLISLE, PA 17013 CUT ALONG THIS LINE -+ RETAIN LOWER PORTION FOR YOUR RECORDS +- ------------------------------------------------------------------------------------------- REV-1547 EX AFP (03-05) NOTICE OF INHERITANCE TAX APPRAISEMENT, ALLOWANCE OR DISALLOWANCE OF DEDUCTIONS AND ASSESSMENT OF TAX ESTATE OF KHONA RAMESH M FILE NO. 21 04-0607 ACN 101 DATE 02-18-2008 Bli_EAU OF INDIVIDUAL TAXES INHERITANCE TAX DIVISION PO BOX 280601 HARRISBURG PA 17128-0601 .. ,-p '22 \" .~,) ""1 ,.) \ ~: .~-:. '- FRED E KILGORE ESQ0i 2550 KINGSTON RD YORK PA 17402 TAX RETURN WAS: ( ) ACCEPTED AS FILED ( X) CHANGED SEE ATTACHED NOTICE RESERVATION CONCERNING FUTURE INTEREST - SEE REVERSE APPRAISED VALUE OF RETURN BASED ON: ORIGINAL RETURN 1. Real Estate (Schedule A) 2. Stocks and Bonds (Schedule B) 3. Closely Held Stock/Partnership Interest (Schedule C) 4. Mortgages/Notes Receivable (Schedule D) 5. Cash/Bank Deposits/Misc. Personal Property (Schedule E) 6. Jointly Owned Property (Schedule F) 7. Transfers (Schedule G) 8. Total Assets APPROVED DEDUCTIONS AND EXEMPTIONS: 9. Funeral Expenses/Adm. Costs/Misc. Expenses (Schedule H) 10. 11. 12. 13. 14. Debts/Mortgage Liabilities/Liens (Schedule I) Total Deductions Net Value of Tax Return (1) (2) (3) (4) (5) (6) (7) .00 .00 629,130.00 .00 5,200.00 .00 .00 (9) (10) 19,268.00 103,143.16 (11) (12) (13) (14) Net Value of Estate Subject to Tax Charitable/Governmental Bequests; Non-elected 9113 Trusts (Schedule J) If an assessment was issued previously, lines 14, 15 and/or 16, 17, 18 and 19 will reflect figures that include the total of ALL returns assessed to date. ASSESSMENT OF TAX: 15. Amount of Line 14 at Spousal rate 16. Amount of Line 14 taxable at Lineal/Class A rate 17. Amount of Line 14 at Sibling rate 18. Amount of Line 14 taxable at Collateral/Class B rate (18) 19. Principal Tax Due TAX CREDITS: PAYMENT DATE 09-24-2007 NOTE: RECEIPT NUMBER CD008738 DISCOUNT (+) INTEREST/PEN PAID (-) .00 INTEREST IS CHARGED THROUGH 03-04-2008 AT THE RATES APPLICABLE AS OUTLINED ON THE REVERSE SIDE OF THIS FORM * IF PAID AFTER DATE INDICATED, SEE REVERSE FOR CALCULATION OF ADDITIONAL INTEREST. (15) (16) (17) .00 X 188,739.00 X 30,000.00 X 20,000.00 X (8) 00 045 = 12 = 15 = (19)= *' REV-1547 EX AFP (06-05) NOTE: To insure proper credit to your account. submit the upper portion of this form with your tax payment. 634,330.00 1 ~~ . 41 1 . 1 6 511,918.84 273,179.84 238,739.00 .00 8,493.56 3,600.00 3,000.00 15,093.56 9,057.57 6,035.99 2,762.31 8,798.30 ( IF TOTAL DUE IS LESS THAN $1, NO PAYMENT IS REQUIRED. IF TOTAL DUE IS REFLECTED AS A "CREDIT" (CR), YOU MAY BE DUE A REFUND. SEE REVERSE SIDE OF THIS FORM FOR INSTRUCTIONS.) AMOUNT PAID 9,057.57 TOTAL TAX CREDIT BALANCE OF TAX DUE INTEREST AND PEN. TOTAL DUE REV-1470 EX (6-88) INHERITANCE TAX EXPLANATION OF CHANGES COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF REVENUE BUREAU OF INDIVIDUAL TAXES PO Box 280601 HARRISBURG PA 17128-0601 DECEDENT'S NAME FILE NUMBER Ramesh M Khona REVIEWED BY ACN 2104-0607 101 John Kealy ITEM SCHEDULE NO. EXPLANATION OF CHANGES The specific distributions in the trust are taxable outright to the beneficiaries before determining residue. ROW Page 1 COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF REVENUE BUREAU OF INDIVIDUAL TAXES DEPT. 280601 HARRISBURG, PA 17128-0601 REV-1162 EX( 11-96) RECEIVED FROM: PENNSYLVANIA INHERITANCE AND ESTATE TAX OFFICIAL RECEIPT NO. CD 009692 KHONA MARIAN A 6410 CANNON DRIVE MECHANICSBURG, PA 17050 ACN ASSESSMENT CONTROL NUMBER AMOUNT nn____ fold 101 $8,798.30 ESTATE INFORMATION: SSN: 528-80-5290 FILE NUMBER: 2104-0607 DECEDENT NAME: KHONA RAMESH M DATE OF PAYMENT: 05/09/2008 POSTMARK DATE: 05/08/2008 COUNTY: CUMBERLAND DATE OF DEATH: 06/07/2004 TOTAL AMOUNT PAID: $8,798.30 REMARKS: CHECK# 1041 SEAL INITIALS: CJ RECEIVED BY: GLENDA FARNER STRASBAUGH REGISTER OF WILLS REGISTER OF WILLS FRED E. KILGORE, JD, LLM (TAXATION) A TrORNEY AT LAW Practice Emphasis: Estate Planning Business Planning EstoJe Administration Real Estate Corporations Pailnerships 2550 Kingston Road, Suite 323 York, Pennsylvania 17402 Phone: (717) 757-6315 Fox: (717) 757-1441 May 8, 2008 Register of Wills Cumberland County Court House Carlisle PA 17013 RE: Estate of Ramesh M. Khona File No 21 04-0607 Dear Sir/Madam: Enclosed is a check in the amount of $8,798.30, payable to Register of Wills, Agent, for the amount due on the above referenced estate. si.nce.~,~4 ~. ...... , (/. // ~ ..:'-f/ (t:.. c? ~"ew~ .' 'Q"/ I L ..' 0 rv<-- ,Fred E. Kttgor'e FEK/dmr . Enclosure / c:Lewis E.Elicke III o ,- ".3'0 . :J:J =-t'o )'> r- -7m ~-" :J:J (/)^ 00 ,::)., C JJ -o-i ):"- ......, = = = ::r.: :r- -< I \.0 ;Do 3: - .. eN 0'\ 0201.8-2D08 ICHONA 06-07~2D04 21 04-0601 CUHISEftLAND 101 APPEAL DATi: D4-18-20D8 ( See rewtrSe side ",",fir Obi"tio", ) AIIDllnt ...ithdl'~, 19 i. J 6 I HAlE CHECK PAYABLE AND ~EMlT PAYMENT TO: REGISTER OF WILLS CUMBER~AND CD COU~T HOUSE CARLISLE. PA 17013 . cur Al...~"Q.., :r-M-1$ I..UtE- -.--+. - ~AIN-.-L-OWER- -PORTlON- FOR -YOUR-RI:.CORDS _....... iEv:ii~7-Ei-AFP-coi:oii-NOTICE-QF-INMERilA"ci-TAi-AP~RAjSE"EHT~-ALLO~ANCE-oi--~-----_.__._- DISALLOWANCE OF D!DUCTIDNS AND ASSESSMENT OF TAX RAHE$H H FlU ND. 2l 04- D607 AtH 101 DATI! 02-18-20D8 T AX IiHU~N WAS: ( ) ACCICPTI1P AS FI LEO ( X) CHANGED SiE A TT ACHED NOT I CE APR-1Z-Z0D8 1~:1r :RO~-STAMBAUGH-NESS PC AuREAU aF t~DtYIDuA~ TAXES lK~ITAhCE TAX DIVISICIt PO BOx 21lu,U .....RIUU~RB fA HI2a-O'Dl T1r-r~r-mo --mi>>-EP'-RT-M'Etn-' OF REV-E'N-U.i!"'-" MOTlcE OF EhHE~!TAMCE TAX APPRAtSIMIHT, A~LO~A"C. OR ~ISALLDWANCE OF ~iDUCTlQN$ AND ASSESS"E~T OF TAX T-OD2 FRED E ~lLGDRE ESQ 2550 UNGSTON RO YORK DATE ES"fAl"E OF DATE OF DEATH Fll.i HUMIIiR CDUNTY ACN PA 17ti02 ESTATE OF KHONA RESERVATION CDNC~RN~NS FUTURE ~NTElEST - SEE REVERS~ APPRAISED Y~UI OF RETURN JASED ON. ORIGINAL REiUR" 1. ~eal lsta,. ($cn.~~l. A) 2. Btoo~$ on4 .onas ($~b.d~lp I] 3. CloselY "814 S~OeK/p.rt^.rshlp Interest (Scnedule C) 4. "Ort...o./HQ~Q4 Ru~elYe~l. (S~~.dul. n) S. Cash/Bank Deposits/Misc. Personal Pro~.rt~ (tcbodulo .) ,. J.ln~1N Owned property (SChedule ~) 7. Tran&fers (SohaQuIa Q) a. Total Assets 0) (11) e3) e4) (5'_ (Ii) (7) .00 .00 629"..130.00 .00 5.20D.Oll .00 .00 {8> APPROVED DEDUCTIONS AND EXEMPTIDNS. 9. Funeral Expens.s/Ao~. Costs/"tsc. ~X~OnSo$ (S~h.dllle H) 10. Dabts/"Ort8.,e ~1.Dlliti.$/Ll.n. (SChedule E) 11. Total DeDuct10ns 12. ~et V.lue 01 T~ Return 15. Char1ta~1./Gov.rnm~nt.l iQquo~ts; Non.elected 9113 T~~~t* t$Cft.~yl. J) 1'. N.~ Valuo of E.~.to Sub~oQt to Tex ,,) (1.0> 19.2&8.0D lDJ,,14a_l~ NOTE; If an asseSSMent was 1Ss~ed prev1ou$lv. lines reflect fllu~8s that inel~~. the total of ~ A9SESSMENT OF TAX; 15. AROun~ of Line 14 1'. ABVunt ot Line l' 17. Aaount ot Lins l' 18. ADOunt of Line l' 19. Principal T~x Due (11) (12) US> ( Lt.) P 003/00~ F-49D - Rl!Vol!l'lt l!X ,..,.,. (06'O!l) RAMESH M HOTE, To 1n~ur. propor ored.t to yo~r account, ~~~.it tfte ugper pOrt1on Q' this for. witn Your t;u paYlIIflnt. 634,33D.OO 1,..,.411 1'; Sll,918.a4 273,119.84 238,739.00 14, l' .n~/or 16. 17, 18 and 19 will return. .ssessed to date, .00 x ilO _ L88.739.00 x 045" 30,000.00 x 12 - 20.000.00 x 1!5 " (17)- at Sgausal rate t.x.~l. .t ~1n..l/Cla$$ A rata lit !UtlHng rat. t~xable at Cp~la~or.l/Cla~~ Brats US) CU) nn ( llll A",OUNT PAtD Y,Q57.57 TNTEREsT IS CHARGED THROUGH 05-04-200B ~-AT THE RATES APPLICABLE AS OUTLIMEO DN THE REVERSE SIDE OF THIS FeR" TOTAL TAX CR~DIT B~LANCE OF TAX DUE INTEREST AND PEN. TOTAL DU! * !F PAtp AFTER gArE IN~ICATE~, S!! ~~V~~5~ FOR eA~CU~AT~DH OF ADDITfONAL INT!.!ST. .00 .. 8,493.56 5,600.00 3,00Q.CO 15,095.56 9,057.57 6.035.99 2,"'2.51 8.798.50 C IF TOTAL ~UE IS LESS THAN ~l. NO PAYM~NT IS REQUIRED. IF TOTAL DUE IS REF~ECTED AS A "CREI>IT" CCIO, YOU MAV BE DUE A REFUND. S~E RIV!~S! SID! D~ l"t5 FOR" FOR IMSTRUCTIONS.J r r::II::! en "'CI 11:::;::' ::,,::: :":,:: I::::::J 1:::::11:::1'" ~l;:':;::: ;" 8 ~ijij'::I::I":C: () J*~.r'~~ ~ ~ IC "",,:~m ff y~ till"""':; ~ .s'Q31INn 11:::::::::1 :;a: 1"11,,,,1 ::E ~1:i':1 1;"1,,11::1[1 ~ U"I IJ"I 1""'" ",CI 1::::::1 ,:::1'" ~ 'II'"'' 1.1"1 1::1[1 ~ ~ O;s 3:5 _I- ~;: U.I . ~ ~o o~ ~<<: ~ ~ '" N '" LU8 f-"- - t- ~- ~:S OZ <;;: o~ r:t::>- z<Jl OZ f-Z <JlLU " "", z:.: -~ :':0 0:>- If'\ If'\ N ..J Zfi08MAY-9 AMII:36 ~LERK OF i."-'P' HAN'~ Cr ',,', I '.I' ':UMBERL/.J\" ~ll) :Vl '-g = t:: ;:l o U C ~M __Vl ;:l'- _ 00 ~u~ - ....... "'l:j ....... o 5....... I-< ~ p.. ll) ~ ~ _ ti ..0 Vl '@) 8 i: ll) ;:l ~ _~uu ~ ::~ ... ....::: ... .,- ., ... ""':;: ::;:: ... ""':;: ... ~ ~':: ~.... -.... ... ~ - ... ... ~ ... -- "': ... '. ~.:: ::i:::: ... ... ,,- ,.- '.- ... ... .",,:: (',I Ir. 1',', f':' -+- f') ,,.of o )'.. ',-of cumberland County - Register Of Wills One Courthouse Square Carlisle, PA 17013 Phone: (717) 240-6345 17050 o c=o '... :::0 Ju ,-.--0 -1';;, .>~9i "__ (J) 7' t(:~.~29 t::::.::~ n " 'jJ ::u --I :t:~ I"'-.) <= = = :x ::00- -< +" Date: 5/14/2008 KHONA MARIAN A 6410 CANNON DRIVE MECHANICSBURG, PA v ::::r. - .. <.n -J RE: Estate of KHONA RAMESH M File Number: 2004-00607 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 lS due by: 6/07/2008 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, I". t.-p. ~tt - l /) f/i J Z Ii . ". llt?~d.4L t7..?1~244-j J& i1Z'(~~ . ~, I Glenda Farner Strasbaugh Clerk of the Orphans' Court cc: File Counsel COMMONWEATTH OF PEt~SYLVANIA DEPARTMENT OF REVENUE BUREAU OF INDIVIDUAL TAXES DEPT. 280601 HARRISBURG, PA 17128-0601 RECEIVED FROM: PENNSYLVANIA INHERITANCE AND ESTATE TAX OFFICIAL RECEIPT REV-1162 EXI11-96) No. CD 009787 KHONA MARIAN A 6410 CANNON DRIVE MECHANICSBURG, PA 17050 fold ESTATE INFORMATION: ssN: 528-so-52so FILE NUMBER: 2104-0607 DECEDENT NAME: KHONA RAMESH M DATE OF PAYMENT: 05/27/2008 POSTMARK DATE: 05/24/2008 couNTY: CUMBERLAND DATE OF DEATH: 06/07/2004 REMARKS: MARIAN KHONA CHECK# 7807 SEAL ACN ASSESSMENT AMOUNT CONTROL NUMBER 101 ~ S 105.47 TOTAL AMOUNT PAID: INITIALS: WZ S 105.47 RECEIVED BY: GLENDA EARNER STRASBAUGH REGISTER (JF WILLS REGISTER OF WILLS ~ H ' . . ,_ _ ~. ~- , ~- - ~. ~ _ ~ ~-o ~ -~' a - .., -. f -: ~~~ ~,- o ~ ~ a ~ ~' w xA ~W (~ W J J W F- a' N [~ V1 W t-i z~ ~ ~~ oa w~a Ha ~~~ °~ "' w ~O W H ~ o ~ v~ ~ ti oc ~ N o O o tf1 O b o ~ N o N ~ (,~ S o ~ ~ ~ N DO ~ ~ 00 x Q F a W ~ O O ~ ~ 00 ~ ~ .-i 0. R~ tlt o N o .-~ J t7 ,q c%1 ~ ~ ~ ~ ~ A d o ~ o . °? z Z ~ _~ mar= ~ W ~viAwAd ~< JET ARE JSP F`~t.G~PSS t ~ ,D` .~ ~ /~ 1 ~~ o' cP `".V O ~~d ~`y~`s a2~ ~'oo y`6°r`qs,,` :'o'rb °" o~f2 yb s, s ~ ~ J ~~ /I_ ~~\•4~ tip'' G,~~SG~ ~== ,~ r- ~`' ~ r '~i. ..y' :- y i J° .~ ,~ •.r ~ ~ i i o ~~ ~ `J~ r~ (~ /` U o ~~ r Q ~ ~pO ~ Sri ~ G.W~^ ~. ~OS ~ ~) ~ ~^'~ / ~ / ~ ..~~ / ) .~ ~~ ) / O r, <~ ~ 1 ~ ~ ~ ~ 4 yr ,J / O ~ / s .~ o °o / ~- ~O 6'~ s 0 6 d .ra i. ~ .~:;, ~.~ \Z t` ;dR .``~ ,.a .,;~ r • 4 ~P; COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF REVENUE®'®°O BUREAU OF INDIVIDUAL TAXES DEPT. 280601 HARRISBURG, PA 17128-0601 PENNSYLVANIA RECEIVED FROM: INHERITANCE AND ESTATE TAX OFFICIAL RECEIPT REV-1162 EX(11-96) NO. CD 009904 KHONA MARIAN A 6410 CANNON DRIVE MECHANICSBURG, PA 17050 fold ESTATE INFORMATION: ssrv: 52s-so-52so FILE NUMBER: 2104-0607 DECEDENT NAME: KHONA RAMESH M DATE OF PAYMENT: 06/ 1 9/2008 POSTMARK DATE: 06/18/2008 COUNTY: CUMBERLAND DATE OF DEATH: 06/07/2004 REMARKS: MARIAN KHONA CHECK# 7820 ACN ASSESSMENT AMOUNT CONTROL NUMBER 101 ~ 575.33 TOTAL AMOUNT PAID: 575.33 INITIALS: WZ SEAL RECEIVED BY: GLENDA EARNER STRASBAUGH REGISTER OF WILLS REGISTER OF WILLS 1,.r fir. _°~ :<,~ ~ ` ~ ~'~ :~ ",~ v~# ~-- _ ,f a S r' »1 A'2 ' LYyi cY t', w ,~ : ~ N iN` J) ~"` ,jsN ,~ O 0 ~^a~ ~~^Q ~a •~+O.V ~~ U N i ,. iT is ,,~,. t rs •r~ 7,~„~ .~ Z o o f' V H a .= Z N W w 111 Y Z Q ~ a .. W ~ tti ~ N A +' ~ S d O z ~ O ~D Q c~ "' ° oJe ~ a 0 o O~~= o c Q o ~, o N U ".' E4 ~ Q ,Z Q H ~ U Z }"' W W W 4W Z W A ~ s > > > O u. ~ V Y W Q V W ~ Z~ W Z~ ~ V Q -~ W Z Z Q w~ Q ~r--'~,,cv s o-u„ vu. AWALL~4 LL° 4~ o ~ Z ~,. r H J~ W ~ Wa Zw «~ W Z o v _ '.~.. C2- t =-- C_.. :~ ~ L ~...- t (' _ j ~~ co ,~., N X Q r J '+ Q ~ o A~ o H 7 tP N H Q "~ z~ ~ '"'F"cc4. oz°w~ Q N ~ W~m~ oe = o ~L1 H d s"r_ a ir_(". ;` _" ~r N O t 4. .~ ~ ~..~ t~ '„~ CS- Q ~, ~:: n- w ~ W Z sY O O F- H Z ~ H W ~ q p ~L LL N O c m E N a m w ~ T ~ t L7 Y Z' 3 ~ ~ ~ o ~ F J V ~ ~ H ~ r LLU ~ ~ O Z ° ~ J ~ ~ F,, sY cn " W H L CD E ~ a W=Q `' tYUU u a d r E a 3 N Y C 0 T 0 i+ Y rl 'CS d u a 0 c d L 7 c .ri COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF REVENUE BUREAU OF INDIVIDUAL TAXES r~NIfERITANCE TAX INHERITANCE TAX DIVISION 'S T~T ~ MEN T O F AC C O U N T PO BOX `e'80601 _ _ HARRISBI~RG PA 17128-0601 ~_. ~-~~ ~ ~~ £~3fi~ ~si°~` 2 P~~ ~~ 13 ~.~ , .~,,, ~~r ~ -t , ;~.. FRED E KILGORE ESQ .,~~~~ 0"~ 2550 KINGSTON RD l'' YORK PA 17402 REV-1607 EX AFP C03-05) DATE 06-09-2008 ESTATE OF KHONA RAMESH M DATE OF DEATH 06-07-2004 FILE NUMBER 21 04-0607 COUNTY CUMBERLAND ACN 101 Amount Remitted MAKE CHECK PAYABLE AND REMIT PAYMENT T0: REGISTER OF WILLS CUMBERLAND CO COURT HOUSE CARLISLE, PA 17013 NOTE: To insure proper credit to your account, submit the upper portion of this form with your tax payment. CUT ALONG THIS LINE ~-1 RETAIN LOWER PORTION FOR YOUR RECORDS F'- REV-1Ei07 EX AFP C03-05) *** INHERITANCE TAX STATEMENT OF ACCOUNT ~~~ ESTATE: OF KHONA RAMESH M FILE N0. 21 04-0607 ACN 101 DATE 06-09-2008 THIS STATEMENT IS PROVIDED TO ADVISE OF THE CURRENT STATUS OF THE STATED ACN IN THE NAMED ESTATE. SHOWN BELOW IS A SUMMARY OF THE PRINCIPAL TAX DUE, APPLICATION OF ALL PAYMENTS, THE CURRENT BALANCE, AND, IF APPLICABLE, A PROJECTED INTEREST FIGURE. DATE OF LAST ASSESSMENT OR RECORD ADJUSTMENT: 05-16-2008 PRINCIPAL TAX DUE: 15,093.56 PAYMENTS CTAX CREDITS): PAYMENT DATE RECEIPT NUMBER DISCOUNT C+) INTEREST/PEN PAID C-) AMOUNT PAID 09-24-2007 CD008738 .00 9,057.57 05-08-2008 CD009642 2,762.31- 8,798.30 BALANCE Of= UNPAID INTEREST/PENALTY AS OF 05-09-2008 TOTAL TAX CREDIT BALANCE OF TAX DUE INTEREST AND PEN. * IF P,4ID AFTER THIS DATE, SEE REVERSE ~ TOTAL DUE SIDE FOR CALCULATION OF ADDITIONAL INTEREST. ( IF TOTAL DUE IS LESS THAN 51, NO PAYMENT IS REQUIRED. IF TOTAL DUE IS REFLECTED AS A "CREDIT" CCR), YOU l4AY BE DUE A REFUND. SEE REVERSE SIDE OF THIS FORM FOR INSTRUCTIONS_ ) 15,093.56 .00 75.33 75.33 In Re: Estate of KRONA RAMESH M ORPHANS' COURT DIVISION COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA NO. 2004-00607 NOTICE OF FAILURE TO FILE STATUS REPORT :Personal Representative: KRONA MARIAN A Counsel for Personal Representative: Date of Decedent's Death: 6/7/2004 ~.., ~ _, - ~~ x c7 ~ ~. ~:, c__ -;_~ -_"~ r - . ;~ -~ r~ _= _~ . . c.~a c. The Orphans' Court record indicates that neither the above named personal representative rior the above named counsel for the personal representative have filed with the Register of Wills ar Clerk of the Orphans' Court his, her or its Status Report required by Rule b.12, Supreme Court Orphans' Court Rule and that the requisite notice, pursuant to Rule 6.12, Supreme Court Orphans' Court Rules, is hereby given by that the you have ten (10} day to file the Status Report. If the required 6.12 form is not filed in accordance with Rule 6.12 the Court will be notified of such delinquency and the undersigned will requests that a Court conduct a hearing to determine v~hether sanctions should be imposed upon the delinquent personal representative or counsel for the delinquent personal representative. Date: bi30/2008 ~2~ ~~~ ~ ~~ Glenda Farner Strasbaugh Clerk of the Orphans' Court Distribution: Personal Representative Counsel for Personal Representative Estate File IN RE: ESTATE OF KRONA RAMESH IVI ORPHANS' COURT DIVISION COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA NO. 2004-00607 NOTICE OF FAILURE TO FILE STATUS REPORT A1~iD REQUEST TO CONDUCT A,,, HEARING PURSUANT TO RULE 6.12, SUPREME COURT ORPHANS' CO~~ RUL `-~ Personal Representative: KRONA MARIAN A ~ ~~ ~ ~ Counsel for Personal Representative: _ 'I7 - ~ ~ ~ c!t -~:: ~ t - r ~ :~~; , ~ -:: Date of Decedent's Death: 6/7/2004 _, `_. ~ ~ ~, ~ ; ,= r Date of Delinquency Notice: N The undersigned, Glenda Farner-Strasbaugh, Clerk of Orphans' Court, in accordance with Rule 6.12, Supreme Court Orphans' Court Rules, hereby notifies the Orphans' Court Division, Court of Common Pleas of Cumberland County, that neither the above named personal representative nor the above named counsel for the personal representative have filed with the Register of Wills or Clerk of the Orphans' Court his, her or its Status Report required by Rule ti.12, Supreme Court Orphans' Court Rule and that the requisite notice, pursuant to Rule 6.12, Supreme Court Orphans' Court Rules was given on the above date and that the ten (10) day notice to file the Status Report has expired. Accordingly, in accordance with Rule 6.12 the Court is hereby notified of such delinquency and the undersigned requests that a Court conduct a hearing to determine whether sanctions should be imposed upon the delinquent personal representative or counsel for the delinquent personal representative. Date: 7/11/2008 /\d~347J.~4.. { ~iYf/fIK 1r b i Glenda Farner Strasbaugh Clerk of the Orphans' Court Distribution: Personal Representative Counsel for Personal Representative Estate File A hearing is scheduled Mondav. November 3, 2008 at 11AM in Courtroom No. 2 . If the Status Report is filed prior to eari date the hearing will automatically be cancelled. ,. ~ Gv~~ Edgar B. Bayley, J. BUREAU OF INDIVIDUAL TAXES INHERITANCE TAX DIVISION PO BOX 280601 HARRISBURG PA 17128-0601 COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF REVENUE INHERITANCE TAX - STAT~'Ni~NT OF ACCOUNT ~~~8 „l~k. E £3 ~ 6Q~ ! ~ FRED E KILGORE ESQ Q~~4-jQ,,~'i~~ (;QU!~T 2550 KINGSTON RD CU~~p^'-?' ~ ` ~~r).. ~~ YORK PA 17402 REV-1607 EX AFP C03-05) DATE 07-14-2008 ESTATE OF KHONA RAMESH M DATE OF DEATH 06-07-2004 FILE NUMBER 21 04-0607 COUNTY CUMBERLAND ACN 101 Amount Remitted MAKE CHECK PAYABLE AND REMIT PAYMENT T0: REGISTER OF WILLS CUMBERLAND CO COURT HOUSE CARLISLE, PA 17013 NOTE: To insure proper credit to your account, submit the upper portion of this form with your tax payment. CUT ALONG THIS LINE ~ RETAIN LOWER PORTION FOR YOUR RECORDS (~--- --------------------------------------------------------------------------- REV-1607 EX AFP C03-05) *** INHERITANCE TAX STATEMENT OF ACCOUNT ~~* ESTATE OF KHONA RAMESH M FILE N0. 21 04-0607 ACN 101 DATE 07-14-2008 THIS STATEMENT IS PROVIDED TO ADVISE OF THE CURRENT STATUS OF THE STATED ACN IN THE NAMED ESTATE. SHOWN BELOW IS A SUMMARY OF THE PRINCIPAL TAX DUE, APPLICATION OF ALL PAYMENTS, THE CURRENT BALANCE, AND, IF APPLICABLE, A PROJECTED INTEREST FIGURE. DATE OF LAST ASSESSMENT OR RECORD ADJUSTMENT: 05-16-2008 PRINCIPAL TAX DUE: 15,093.56 PAYMENTS (TAX CREDITS): PAYMENT DATE RECEIPT NUMBER DISCOUNT (+) INTEREST/PEN PAID (-) AMOUNT PAID 09-24-2007 CD008738 .00 9,057.57 05-08-2008 CD009692 2,762.31- 8,798.30 05-24-2008 CD009787 75.33- 105.47 06-18-2008 CD009904 .00 75.33 TOTAL TAX CREDIT BALANCE OF TAX DUE INTEREST AND PEN. * IF PAID AFTER THIS DATE, SEE REVERSE I TOTAL DUE SIDE FOR CALCULATION OF ADDITIONAL INTEREST. ( IF TOTAL DUE IS LESS THAN S1, NO PAYMENT IS REQUIRED. IF TOTAL DUE IS REFLECTED AS A "CREDIT" CCR), you MAY BE DUE A REFUND. SEE REVERSE SIDE OF THIS FORM FOR INSTRUCTIONS. ) 15,199.03 105.47CR .00 105.47CR Pa. ®.C. Rule 6.12 STA'~1JS RAP®RT REGISTER OF WILLS OF Cu wt{~r~,r ~~~ nc~. COUNTY, PENNSYLVANIA Name of Decedent: Date of Death: ~o ~.'~ ~- Q ~ `-~ File Number: ~ ~ b a 601 n...-~...,... +~ D., n ~ p„ia ~ i ~ r ,•o,,,,,-++i-,a fnllnZZ~ina tzrith ,-eCrPr.t to r_.mm~letin„ of the administration of 1 ui~uuii~ w ~ u. v..... ,~u.~. ~. ~_, ~ ,.,1.,.., ....... ........,...b r--- -- r------- the above-captioned estate: l . State whether administration of the estate is complete :.................... ~ Yes o Z. If the ~:. -ueris No, state when the personal representative reasonably uelieves that the administration will be complete: •~' ~lE'V'C~ ~~S C~~^ ~ C,c~rn~{~~-d 1~ ~nU ilZrv~-?_`1f'-~YS ~2e- }~v .p~ Iii 1~,5~1.0 (~,~ +~" /~~E4-, ~.c ~~ c~~str~ bt~vn ~ (ivecl ~n ~,~Ii a ..bne }~~as 3. If the answer to No. 1 is YES, state tlZe following: Ct~ a--~{ ~~ ~~.''~a^"~e ~ n~ ~~ k ,~ 6~.1 ~ eve c4 `~~ b~ 1 ire t ~, D,.~ba.. 1. Fl av~- ~ ~~~ ~~y~ 'l -~" r ~ g5 '~ ~~i aC, ~ ti ~ E1Gi ~ ~~{" ,,~~P,~ ~ p C ~k e13~ a. Did the personal representative file a final~account with the Court? ....... ]Yes LI No -i-kewi.. 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? .....:......................... . ~]I'es ~] No d. Copies of receipts, releases, joinders and approvals of formal or informal accounts maybe filed with the Clerlc of the Orphans' Court and maybe attached to this report. Dnte ~rx~ ~{} ZpQ ~( Signat e ofPerson Filing this Fornx Capacity: ersonal Representative ~ Counsel .1~~~ ~~S'' ,~-77 Hnr~d~O ~~ 1i~7~~1 EZ ~Zl ~~~ f Z l~fi ~~ M;h1(1.(A~% FI . k-t~-g ~~ 1~ Nnme ofPerson Filing this Fans ~_~I/) ~A~r`fsDlt~ ~Rtve Address r-'1 ELH A n1 I c~S .8 ~ Rte, P~1 9 ~ ~ ~b Telephone Form RNA-l0 rev. JO.lJ.O/ BUREAU OF INDIVIDUAL TAXES INHERITANCE TAX DIVISION PO BOX 280601 HARRISBURG PA 17128-0601 FRED E KILGORE ESQ 2550 KINGSTON RD YORK PA 17402 COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF REVENUE 'T,NFIERITANCE TAX -: STATEMENT OF ACCOUNT REV-1607 EX AFP C03-05) DATE 08-25-2008 ESTATE OF KHONA RAMESH M DATE OF DEATH 06-07-2004 FILE NUMBER 21 04-0607 COUNTY CUMBERLAND ACN 101 Amount Remitted ?~~~ dF~~ 29 ~,e~~ f' ~2 ~, _ ~ - n- ~ r l-'i~~ n~ ,- ~ .: ~J MAKE CHECK PAYABLE AND REMIT PAYMENT T0: REGISTER OF WILLS CUMBERLAND CO COURT HOUSE CARLISLE, PA 17013 NOTE: To insure proper credit to your account, submit the upper portion of this form with your tax payment. CUT ALONG THIS LINE ~ RETAIN LOWER PORTION FOR YOUR RECORDS ~-- --------------------------------------------------------------------------- REV-1607 EX AFP C03-05) *** INHERITANCE TAX STATEMENT OF ACCOUNT ~** ESTATE OF KHONA RAMESH M FILE N0. 21 04-0607 ACN 101 DATE 08-25-2008 THIS STATEMENT IS PROVIDED TO ADVISE OF THE CURRENT STATUS OF THE STATED ACN IN THE NAMED ESTATE. SHOWN BELOW IS A SUMMARY OF THE PRINCIPAL TAX DUE, APPLICATION OF ALL PAYMENTS, THE CURRENT BALANCE, AND, IF APPLICABLE, A PROJECTED INTEREST FIGURE. DATE OF LAST ASSESSMENT OR RECORD ADJUSTMENT: 05-16-2008 PRINCIPAL TAX DUE: PAYMENTS (TAX CREDITS): PAYMENT DATE RECEIPT NUMBER DISCOUNT C+) INTEREST/PEN PAID C-) AMOUNT PAID *** SUMMARY OF LL 005 PAYMENTS *** 08-05-2008 2,837.64- 17,931.20 TOTAL TAX CREDIT BALANCE OF TAX DUE INTEREST AND PEN. ~ IF PAID AFTER THIS DATE, SEE REVERSE I TOTAL DUE SIDE FOR CALCULATION OF ADDITIONAL INTEREST. C IF TOTAL DUE IS LESS THAN S1, NO PAYMENT IS REQUIRED. IF TOTAL DUE IS REFLECTED AS A "CREDIT" (CR), YOU MAY BE DUE A REFUND. SEE REVERSE SIDE OF THIS FORM FOR INSTRUCTIONS. ) 15,093.56 15,093.56 .00 .00 .00 Cumberland County - Register Of Wills One Courthouse Square Carlisle, PA 17013 Phone:(717) 240-6345 f~? ~a C;>~ tt7 ~'~ Date: 5/13/2009 'z~ --~ °.' r-,~ ~__ v~ ~, K:HONA MARIAN A ~~~ -_ ~ % c--~ , c= ~ , = 6 410 CANNON DRIVE a ==i ~ M:ECHANICSBURG, PA 17050 ~' cn RE: Estate of KHONA RAMESH M File Number: 2004-00607 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: 6/07/2009 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. Sincer ly, Glenda Farner Strasbaugh Clerk of the Orphans' Court cc: File Counsel In Re: Estate of KRONA RAMESH M ORPHANS' COURT DIVISION COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA NO. 2004-00607 NOTICE OF FAILURE TO FILE STATUS REPORT Personal Representative: KRONA MARIAN A Counsel for Personal Representative: Date of Decedent's Death: 6/7/2004 h,~ 1 r-`) •~ _T ., ::r,~ C_, _7~. ~.~ ;- ~__~ w... ' ' ~ c; c~„ c~; _, -, . , . _. -*, ;c.. _... The Orphans' Court record indicates that neither the above named personal representative nor the above named counsel for the personal representative have filed with the Register of Wills or Clerk of the Orphans' Court his, her or its Status Report required by Rule 6.12, Supreme Court Orphans' Court Rule and that the requisite notice, pursuant to Rule 6.12, Supreme Court Orphans' Court Rules, is hereby given by that the you have ten (10) day to file the Status Report. If the required 6.12 form is not filed in accordance with Rule 6.12 the Court will be notified of such delinquency and the undersigned will requests that a Court conduct a hearing to determine whether sanctions should be imposed upon the delinquent personal representative or counsel for the delinquent personal representative. ~~~ ~_~ f~'ll~~yyr~~w ~~, Date: 6/30/2009 Glenda Farner Strasbaugh Clerk of the Orphans' Court Distribution: Personal Representative Counsel for Personal Representative Estate File