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HomeMy WebLinkAbout03-0047 Register of Wills of Cumberland County, Pennsylvania PETITION FOR GRANT OF LETTERS Estate of Donald U. Frutiger No. ~1--03 'q ? also known as , Deceased Social Security No. 7_~1-- ~(~.~t~'7~ Petitioner(s), who is/are 18 years of age or older, apply(les) for: (COMPLETE "A" OR "B" BELOW:) A. Probate and Grant of Letters and aver that Petitioner(s) is/are the execut ri:(named in the Last Will of the Decedent, dated January 18, 1990 and codicil(s) dated November 20, 1996 and April 28, 1997 State relevant circumstances, e,g., renunciation, death of executor, etc Except as follows, Decedent did not marry, was not divorced, and did not have a child born or adopted after execution of the documents offered for probate; was not the victim of a k ng and was never adjudicated incompetent: No e×ceptions r--i B. Grant of Letters of Administration (d.b.n,c.t,a,: pendente lite; durante absentla; durante minodtate) Petitioner(s) after a proper search has/have ascertained that Decedent left no Will and was survived by the following spouse (if any) and heirs: Name Relationship Residence J (COMPLETE IN ALL CASES:) Attach additional sheets if necessary. Decedent was domiciled at death in Cumberland County, Pennsylvania, with his/her last family or principal residence at 218 South 24th Street~ Camp Hill~ PA 17011 (list street, number and municipality) Decedent, then 77years of age, died December 27 2002, at Holy Spirit Hospital, Camp Hill, Cumberland C~y, PA Decedent at death owned property with estimated values as follows: (If domiciled in PA) All personal property ................................................................ $ 276,000 (If not domiciled in PA) Personal property in Pennsylvania ............................................... (If not domiciled in PA) Personal property in County ....................................................... Value of real estate in Pennsylvania ................................................................................................... $ 143,000 Total ................................................................................................................................ $ 419,000 Real Estate situated as follows: 218 South 24th Scrmmr: Cram? N~ ] ]; Penn_sy!vamia Wherefore, Petitioner(s) respectfully request(s) the probate of the last Will and Codicil(s) presented with this Petition and the grant of letters in the appropriate form to the undersigned: I Signature Typed or printed name and residence ~~ ~"~. '~/~~_~ Johanna C. Frutiger 218 South 24th Street Camp Hill, PA 17011 Form RW-1 Page 1 of 2 (Cumberland County) - Rev. 9/92 17-n5.o . Oath of Personal Representative Commonwealth of Pennsylvania County of Cumberland The Petitioner(s) above-named swear(s) and affirm(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 representative(s) of the Decedent, Petitioner(s) will well and truly administer the estate according to law. Sworn to and affirmed and subscribed / Johanna C. ~rut before me this l?th day of January 20 03 Donna ~. otto, 1st t~puty ' ~cj~ter No. 21-2003-47 Estate of Donald U. Frutiger Deceased Social Security No: 201-16-4475 Date of Death December 27, 2002 AND NOW, January 17th , 20 03 , in consideration of the Petition on the reverse side hereon, satisfactory proof having been presented before me, IT IS DECREED that Letters [] Testamentary [] of Administration d.b.n.c,t,; pendente lite; durante absentia; durante minoritate are hereby granted to Johanna C. Frutiger in the above estate and that the instrument(s) dated 1/18/90, 11/20/96 and 4/28/97 described in the Petition be admitted to probate and filed of record as the last Will of Decedent. FEES Letters ........................... $ 340.00 Short Certificate{s) .... ~:Z.. $ 18.00 Donna M. Otto,l-qt l~I:mt-'g ' Renunciation .................. Affidavit ( I ................. [:xtra Pa§es (191 ............ $ 57.00 Codicil ......... 2, ............... $ 21.00 JCP Fee ........................ $ 10.00 Attorney: Richard W. Stevenson Inventory ....................... $ I.D. No 7120 Other ............................ $ Address: McNees Wallace & Nurick LLC 100 Pine Street, P.O. Box 1166, Harrisburg, PA 17108 /O/AL ................ $446.00 lelephone (717) 237-5208 Form RW-1 Page 2 of 2 (Cumberland County) - Rev. 9/92 Mailed letters to attorney on 1-17-03 This is to certi/5' that thc inl~ormation here given is correctly copied fi'om an original certificate of death duh' filed ,vbh m<? :m Local Regisu'ar. Thc original certificate will be fbrwarded to the State Vital Records Office for permanent' filing. WARNING: It is illegal to duplicate this copy by photostat or photograph. N,~. Date COMMONWEALTH OF PENNSYLVANIA * DEPARTMENT OF HEALTH · VITAL RECORDS CERTIFICATE OF DEATH t~AME OF OECEOENT {F,rs~ M,dCl~e. ,,.CPA , ~lf '"~ ~ / o.,~ (,~.~ I I ACTUAL 17~. Slate p~ ~ 11¢.~ Y~. ~ ~ in 218 ~uth 24th Strut 3..~est ~ti~r [,, Z~ra U~ich a~.Jo~a ~tiger ]~. 218 ~u~ 24th Street C~p Hi l l, Pa 17011 ~~E. ......... ERSO"<T,~ASSUC. I,,..~r 31,2002 I~,~-Hig~pir~ C~ete~ I,,.. Hiq~pi~,Pa 21-2003-47 21-2003-47 FIRST CODICIL TO WILL OF DONALD U. FRUTIGER I, DONALD U. FRUTIGER, of Cumberland County, Pennsylvania, declare this to be the first codicil to my will executed on January 18, 1990. 1. I hereby delete paragraph 1 of my said will. 2. In all other respects, my said will, subject to any earlier codicils, shall remain unchanged. IN WITNESS WHEREOF, I, DONALD U. FRUTIGER, herewith set my hand to this, a codicil to my last Will, typewritten on two (2) sheets of paper including the self-proving attestation clause and signatures of witnesses, this 20th day of November, 1996. Donald U. Frutiger ssed:~/~~.~ - residing at /~/~~ residing at ~~ ~ COMMONWEALTH OF PENNSYLVANIA : : SS: COUNTY OF DAUPHIN : Donald U. Frutiger (the testator), "'~ICh~f~ ~t), S~¢Uf~%~ , ~--~ O' Le~ , and ~fe~ ~. ~'ew~ (the witnesses), whose n~mes are signed to the foregoing ins;crument, being first duly sworn, each hereby declares to the undersigned authority that the testator signed and executed the instrument as a codicil to his last will in the presence of the witnesses and that he had signed willingly, and that he executed it as his free and voluntary act for the purposes therein expressed, and that each of the witnesses, in the presence and hearing of the testator, signed the codicil as witness and that to the best of his knowledge the testator was at that time eighteen years of age or older, of sound mind and under no constraint or undue influence. SS: //' TESTATOR: / Donald U. Frutiger ~ ~ WITNESS: ./ WITNESS: ' , to and acknowledged before me by Donald U. Frutiger, the testator, and subscribed and sworn to before me by ~YA ~.~e~%0~ , ~~ O' ~ , and ~~, ~%~ , the witnesses, this 20th day of Nove~er, 1996. '~Jotary t~ublic (SEAL) NOTARIAL SEAL ANGELA M. ALONZO, Notary Public Harrisburg, PA Dauphin County My Commission Expires Oct. 26, 2000 - 2 - 21-2003-47 SECOND CODICIL TO WILL OF DONALD U. FRUTIGER I, DONALD U. FRUTIGER, of Cumberland County, Pennsylvania, declare this to be the second codicil to my will executed on January 18, 1990. 1. I hereby amend and restate paragraph 12 of my said will to read in its entirety as follows: "12. Fiduciaries. I appoint as executrix hereunder my wife, JOHANNA C. FRUTIGER. If my wife should be unable or unwilling to serve or to complete the administration of my estate, then my son, DONALD U. FRUTIGER, JR., and my daughters, SUSAN M. STOUGH and ELIZABETH A. BELL, shall serve in her place, and if any of them is ever unable or unwilling so to serve or to continue so serving, no successor shall be appointed to serve in his or her place, unless none of them is so able or willing, in which event DAUPHIN DEPOSIT BANK AND TRUST COMPANY shall serve in their place. I appoint as Trustees hereunder my wife, JOHANNA, son, DONALD U. FRUTIGER, JR., and daughters, SUSAN M. STOUGH and ELIZABETH A. BELL. If my wife should be unable or unwilling to serve or to complete the administration of any trust hereunder, then no successor shall serve in her place and if any child of mine should be unable or unwilling to serve or to complete the administration of any trust hereunder, no successor shall be appointed to serve in his or her place, unless none of my children is then able or willing to so serve, in which event DAUPHIN DEPOSIT BANK AlqD TRUST COMPANY shall serve in their place. My Trustee(s) shall serve as guardian of the property of any minor beneficiaries hereunder, under any instrument of trust executed by me, under any policies of insurance on my life, and in any other situation in which the power to make such appointment exists ~der the laws of Pennsylvania. No individual fiduciary shall be liable for the acts, omissions or defaults of any agent appointed and retained with due care or of any co-fiduciary. No fiduciary shall be rewired to furnish bond or other security for the proper perfo~ance of his duties hereunder." 2. In all other respects, my said will, subject to any earlier codicils, shall remain unchanged. IN WITNESS ~EREOF, I, DON~D U. FRUTIGER, herewith set my hand to this, a codicil to my last Will, t~ewritten on three (3) sheets of paper including the self-proving attestation clause and signatures of witnesses, this 28th day of April, 1997. Donald U. Frutiger l~tnessed:0 ~ ~~/~/~ residing a ~ ~ ~ ~ residing residing at - 2 COMMONWEALTH OF PENNSYLVANIA : : SS: COUNTY OF DAUPHIN : Donald U. Frutiger (the testator), ~~ ~. ~~h , ~~. ~~ , and (the witnesses), whose na~es are signed to the foregoing instrument, being first duly sworn, each hereby declares to the undersigned authority that the testator signed and executed the instrument as a codicil to his last will in the presence of the witnesses and that he had signed willingly, and that he executed it as his free and voluntary act for the purposes therein expressed, and that each of the witnesses, in the presence and hearing of the testator, signed the codicil as witness and that to the best of his knowledge the testator was at that time eighteen years of age or older, of sound mind and un~er no constra~ or undue influence. Wl~ESS: ~, TESTATOR:  ~A~NESS: WIT~SS: Subscribed, sworn to and acknowledged before me Dy Donald U. Frutiger, the this 2$th day of April, 1997. Notary ~ubl ic~~ (SEAL) NOTARIAL SEAL AN(~ELA M. ALONZO, Notary Public Harrisburg, PA Dauphin County My Commission Expires Oct. 26,2000 - 3 WILL O~F DONALD U. FRUTIGER I, DONALD U. FRUTIGER, of Cumberland County, Pennsylvania, declare this to be my will and hereby revoke all prior wills and codicils made by me. 1. Pecuniary Bequests. I bequeath the sum of Fifty Thousand Dollars ($50,000) to each child of mine as survives me, and if a child of mine has predeceased me leaving children of his or her (subject to paragraph 13 hereof) who survive me, the bequest to my deceased child shall pass to his or her issue per stirpes. 2. Personalty. I bequeath to my wife, JOHANNA C. FRUTIGER, all of my tangible personal property not used in business or for the production of income, including without limitation furniture, furnishings, clothing, jewelry, objects of art and decoration, and the like, and any motor vehicles which I own, together with the insurance thereon, if she survives me. If my wife does not survive me, then I bequeath all said property, together with the insurance thereon, to those of my children who survive me. If said children are not all competent adults, or if they cannot agree on the division, then my executor(s) shall make the division, and may sell any items passing hereunder and distribute the proceeds. 3. Residue. I bequeath, devise, and appoint all the rest of my property, of whatever nature and wherever situated, including property over which I hold a power of appointment, except that I do not exercise any power of appointment given to me by my wife, to the Trustee(s) hereinafter named, for the following purposes: (a) If my wife, JOHANNA C. FRUTIGER, survives me, then the Trustee(s) shall establish Trust A hereunder, governed by paragraph 4 below, by allocation thereto, from the property held hereunder, an amount, if any, equal to (i) the minimum amount, after taking into account all deductions other than the marital deduction and applying all credits available, which is necessary as the marital deduction to reduce to the lowest possible amount the federal estate tax payable by reason of my death and any federal generation-skipping tax on any transfer with respect to which I am the deemed transferor, less (ii) the value of all other assets in my gross estate which qualify for the marital deduction and which pass or have passed to my said wife under other provisions of this will or otherwise. In determining such amount, all assets involved in the calculation shall be valued at final federal estate tax values, but in funding Trust A, date of distribution values shall be used and only assets that qualify for the marital deduction shall be used. I intend that the interest of my wife in Trust A shall qualify for the marital deduction, and any provisions herein which may appear to conflict with or in any way defeat my intention to obtain the marital deduction for the full amount of Trust A shall be construed or applied to accomplish that intention. (b) The remainder of the property passing hereunder (or, if my wife does not survive me, all the property passing hereunder) shall be held as Trust B. (See paragraph 5 below.) - 2 4. Trust A. The income and principal of Trust A (if established hereunder) shall be distributed as follows: (a) Income. The Trustee(s) shall pay the net income from Trust A to or for the benefit of my wife, JOHANNA C. FRUTIGER, for her lifetime, in such installments, but not less frequently than quarterly, as the Trustee(s) may determine. (b) Principal. The Trustee(s) shall pay from time to time from the principal of Trust A to or for the benef£t of my wife: (i) such sums as shall in the discretion of the Trustee(s) seem proper for her support, maintenance, and health care or necessary to permit her to maintain a standard of living approximately equal to that maintained by her during my lifetime, taking into account such other sources of income, support and estate that may be available to her, and (ii) such sums, including any or all principal, that my wife may request in writing. (c) After Wife's Lifetime. Upon the death of my wife, JOHANNA C. FRUTIGER, all the principal then held in Trust A shall be distributed as she may by her will appoint, making specific reference to this Trust A. Except as expressly stated in the preceding sentence, there shall be no restriction, condition or qualification on or to the power to make such appointment and the permissible beneficiaries. The power of appointment shall be exercisable by my wife alone and in all events, and there shall be no power in any person other than my wife to appoint to any other person any part of the property passing under Trust A. To the extent that my wife should fail to exercise effectively her power of appointment over any part of the property in Trust A, the Trustee(s) shall (except to the extent that my wife expressly directs to the contrary in her last will or in a writing delivered to the Trustee(s) during her lifetime) pay from the unappointed portion of the principal of Trust A: (i) the amount of any additional estate, inheritance or other death taxes imposed on account of the death of my wife by reason of her power of appointment over and other rights in the unappointed portion of the principal of Trust A (the amount of each such additional tax to be equal to the excess if any of the tax, including any interest thereon, payable by reason of her death over the amount of such tax which would have been payable if no such tax was payable by reason of her death with respect to the unappointed principal of Trust A), and (ii) any expenses incurred in the administration of her estate attributed to the determination of such taxes (and the Trustee(s) may accept the written statement of her personal representatives as to the amount of taxes and expenses payable hereunder), and the remaining balance of the principal held in Trust A at her death shall be added to and considered part of Trust B and shall be administered and distributed under the provisions herein governing Trust B. 5. Trust B. The income and principal of Trust B shall be distributed as follows: (a) Income. The Trustee(s) shall pay the net income from Trust B to or for the benefit of my wife for her lifetime, in such installments, but not less frequently than quarterly, as the Trustee(s) may determine. (b) Principal. The Trustee(s) shall from time to time pay such sums from the principal of Trust B to or for the benefit of my wife as may in the discretion of the Trustee(s) seem necessary for her support and maintenance and health care, for the maintenance by her of the standard of living maintained by her during my lifetime, taking into account such other sources of income, support and estate that may be available to her. In determining whether any invasion shall be made for the benefit of my wife from the principal of Trust A or from the principal of Trust B, such invasion shall be made from Trust A as far as practical. No beneficiary of Trust B shall participate as a co-Trustee in any decision under this subparagraph (b). (c) ~fter Wife's Lifetime; Limited Power of Appointment by ~ife. Upon the death of the survivor of my wife and me, if she survives me, the Trustee(s) shall pay the balance held in Trust B, outright or in trust, in such amounts or proportions to or for the benefit of any or all of my issue (subject to paragraph 13 hereof) and their spouses or former spouses and persons gifts to whom are then allowable as deductions under Section 2055 of the Internal Revenue Code (or any successor provision), as my wife may direct in her will making specific reference to Trust B hereunder. To the extent that my wife should fail to exercise effectively her limited power of appointment over Trust B, or if she should predecease me, then upon the death of the survivor of my wife and me, the Trustee(s) shall distribute the remaining balance of Trust B in accordance with the provisions of subparagraph (d) below. (d) Distribution of Trust B. When my wife is no longer living, the principal remaining in Trust B shall be distributed per stirpes to my issue, provided, however, that if any such issue is then under the age of thirty (30) years, his share shall be held for him in a separate trust hereunder under the terms of paragraph 6 below. 6. Separate Trusts. The income and principal of a separate trust in which a share in Trust B is held for a beneficiary pursuant to the terms of paragraph 5(d) above shall be distributed as follows: (a) Income. The income shall be distributed at least quarterly to or for the benefit of the beneficiary. No payment shall be made under this subparagraph (a) which would discharge to any extent the legal obligation of any person for the support of the beneficiary. (b) Principal. The Trustee(s) shall pay from the principal such sums to or for any or all of the beneficiary and his issue as in the discretion of the Trustee(s) seems proper for their support, maintenance, health care, and education, and such sums to or for the benefit of the beneficiary as in the discretion of the Trustee(s) seems proper to help establish him in a business or profession or acquire or furnish a home for him, taking into account the other sources of income, support and estate that are available to the distributee, the reasonably anticipated needs and resources of the beneficiary and his issue, their income and estate tax brackets, the desirability of the transaction (if any), and the possible application of any generation-skipping tax. No payment shall be made under this subparagraph (b) which would discharge to any extent the legal obligation of any person for the support of the distributee. (c) Distribution of Separate Trust. (i) When such beneficiary shall have attained the age of twenty-five (25) years, the Trustee(s) shall distribute to him at his written request one half (1/2) of the remaining principal balance then held in his separate trust and when such beneficiary shall have attained the age of thirty (30) years, the Trustee(s) shall distribute to him at his written request the entire balance held in his separate trust. (ii) If such beneficiary should die before making proper request for the entire balance in his separate trust, then the entire balance in his separate trust shall at his death be distributed, outright or in trust, in such sums or proportions as such beneficiary may direct in his last will, expressly referring to his separate trust hereunder, but only among my issue and their spouses or former spouses and persons gifts to whom are then allowable as deductions under Section 2055 of the Internal Revenue Code (or any successor provision); and to the extent that such beneficiary shall fail to exercise effectively his limited power of appointment hereunder, the aforementioned balance in his separate trust shall then be distributed per st£rpes to his issue, or, if no such issue survive him, per stirpes to the issue of his parent who was a child or more remote descendant of mine, or, if no such issue survive him, per stirpes to the issue of his grandparent who was a child or more remote descendant of mine or, if no such issue survive him, per stirpes to my issue, with the share of any of such issue for whom property is then held in or payable to a separate trust under this paragraph 6 being added to such separate trust. (d) Disposition Upom~Dlication of Rule Against Perpetuities. Notwithstanding subparagraph (c) above, if during the lifetime of a person for whom a separate trust under this paragraph 6 was established the interest of such person therein becomes void under the applicable rule against perpetuities, then the balance in such separate trust shall then be distributed outright to such person. 7. Survival Clauses. If my wife and I should die under such circumstances that it cannot be determined which of us survives, my wife shall be deemed to have survived me for all purposes hereunder. If any other beneficiary hereunder should die within sixty (60) days after me or within sixty (60) days after any other person the survival of whom determines his rights hereunder, then such beneficiary shall be deemed to have predeceased me or such other person for all purposes hereunder. 8. Powers. In addition to such other powers and duties as may be granted elsewhere herein or which may be granted by law, the fiduciaries hereunder shall have the following powers and duties, without the necessity of notice to or consent by any Court: (a) To retain all or any part of my property, real or personal, in the form in which it may be held at the time of its receipt, including any closely held business in which I have an interest and any stock of any corporate fiduciary hereunder, as long as in the exercise of their discretion it may be advisable so to do, notwithstanding that said property may not be of a character authorized by law, provided, however, that upon written request by my wife, they shall within a reasonable time make productive of income any interest in property (however and whenever acquired) held in Trust A hereunder. (b) To invest and reinvest any funds held hereunder in any property, real or personal, including, but not by way of limitation, bonds, preferred stocks, common stocks, and other securities of domestic or foreign corporations or investment trusts, mortgages or mortgage participations, and common trust funds, even though such property would not be considered appropriate or legal for a fiduciary apart from this provision. (c) To sell, convey, exchange, partition, give options to buy or lease upon, or otherwise dispose of any property, real or personal, at any time held by them, with or without order of court at their option, at public or private sale or otherwise, for cash or other consideration or for such credit terms as they think proper, and upon such terms and for such prices as they may determine, and to convey such property free of all trusts. (d) To borrow money from any person, including any fiduciary hereunder, for any purpose in connection with the administration hereof, to execute promissory notes or other obligations for amounts so borrowed, and to secure the payments of such amounts by mortgages or pledges of any property, real or personal, which may be held hereunder. - 10 - (e) To make loans, secured or unsecured, in such amounts, upon such terms, at such rates of interest, and to such persons, firms or corporations as they may deem advisable. (f) To renew or extend the time for payment of any obligation, secured or unsecured, payable to or by them, for as long a period of time and on such terms, as they may determine, and to adjust, settle and arbitrate claims or demands in favor of or against them. (g) In dividing or distributing any property, real or personal, included herein, to divide or distribute in cash, in kind, or partly in cash and partly in kind. (h) To hold, manage, and develop any real estate which may be held by them at any time, to mortgage any such property in such amounts and on such terms as they may deem advisable, to lease any such property for such term or terms, and upon such conditions and rentals as they may deem advisable, whether or not the term of any such lease shall exceed the period permitted by law or the probable period of retention under this instrument; to make repairs, replacements and improvements, structural and otherwise, in connection with any such property, to abandon any such property which they may deem to be worthless or not of sufficient value to warrant keeping or protecting, and to permit any such property to be lost by tax sale or any other proceedings. (i) To employ such brokers, banks, custodians, investment counsel, attorneys, and other agents, and to delegate to them such 11 - duties, rights and powers as they may determine, and for such periods as they think fit. (j) To register any securities at any time in their names as fiduciary, or in the names of nominees, with or without indicating the trust character of the securities so registered. (k) With respect to any securities held hereunder, to vote upon any proposition or election at any meeting of the person or entity issuing such securities, and to grant proxies, discretionary or otherwise, to vote at any such meeting; to join or become a party to any reorganization, readjustment, merger, voting trust, consolidation or exchange, and to deposit any such securities with any committee, depository, trustee or otherwise, and to pay out of the trust created herein, any fees, expenses, and assessments incurred in connection therewith; to exercise conversion, subscription or other rights, and to receive or hold any new securities issued as a result of any such reorganization, readjustment, merger, voting trust, consolidation, exchange or exercise of conversion, subscription or other rights and generally to take all action with respect to any such securities as could be taken by the absolute owner thereof. (1) To engage in sales, leases, loans, and other transactions with my estate, the estate of my wife, or any trust established by either of us, even if they are also fiduciaries or beneficiaries thereof. 12 (m) To make all necessary proofs of death under the insurance policies of which they are the beneficiary, to execute any receipts for the proceeds and to institute any action to collect said proceeds and to make adjustments of any claim thereunder, provided, however, that they need not institute any action unless they shall have been indemnified against all expenses and liabilities to which they may become subject as a result thereof. If, however, they desire to institute such action without indemnification, they are hereby authorized to be reimbursed for all expenses and liabilities incurred as a result thereof from any amounts which may be held in trust hereunder then or thereafter. (n) To exercise all elections which they may have with respect to income, gift, estate, inheritance or other taxes, including without limitation execution of joint income tax returns, election to deduct expenses in computing one tax or another, election to split gifts, and election to pay or to defer payment of any tax, in all events without their being bound to require contribution from any other person. (o) To operate, own, or develop any business or property held hereunder in any form, including without limitation sole proprietorship, limited or general partnership, corporation, association, tenancy in common, condominium, or any other, whether or not they have restricted or no management rights, as they in their discretion think best. 13 - 9. Spendthrift Clause No interest (whether in income or principal, whether or not a remainder interest, and whether vested or contingent) of any beneficiary hereunder shall be subject to anticipation, pledge, assignment, sale or transfer in any manner, nor shall any beneficiary have power in any manner to charge or encumber his said interest, nor shall the said interest of any beneficiary be liable or subject in any manner while in the possession of the fiduciaries for any liability of such beneficiary, whether such liability arises from his debts, contracts, torts, or other engagements of any type. 10. Facility of Payments for Minors or Incompetents. Any amounts or property which are payable or distributable hereunder to a minor or incompetent may, at the discretion of the fiduciaries, be paid to the parent or guardian of such minor or incompetent, to the person with whom such minor or incompetent resides, or directly to such minor or incompetent, or may be applied for the use or benefit of such minor or incompetent. 11. Taxes. I direct that all estate, inheritance, and succession taxes that may be assessed in consequence of my death, of whatever nature and by whatever jurisdiction imposed, other than generation-skipping taxes, shall be paid out of the principal of my general estate to the same effect as if said taxes were expenses of administration, except that any such additional taxes (and interest and penalties thereon) imposed on account of my interest in or power over any trust established by my wife shall be paid out of the property held in such trust, and all other property includable in my taxable estate for federal or state tax purposes, whether or not passing under this will, shall be free and clear thereof; provided, however, that my executor(s) may in the discretion of the executor(s) request that any portion or all of 14 said taxes (to be paid out of the principal of my general estate) shall instead be paid out of the principal of any trust established by me in this will or otherwise, to the extent expressly authorized under the terms of said trust. With the consent of the Trustee(s) hereunder, said taxes may be paid out of the principal of Trust B hereunder as if said taxes were expenses of administration thereof, provided, however, that no such taxes shall be paid out of Trust A hereunder or out of assets that are not includible in my federal gross estate. 12. Fiduciaries. I appoint as executrix hereunder my wife, JOHANNA C. FRUTIGER. If my wife should be unable or unwilling to serve or to complete the administration of my estate, then my son, DONALD, and my daughters, SUSAN and ELIZABETH, shall serve in her place, and if any of them is ever unable or unwilling so to serve or to continue so serving, no successor shall be appointed to serve in his or her place, unless none of them is so able or willing, in which event DAUPHIN DEPOSIT BANK AND TRUST COMPANY shall serve in their place. I appoint as Trustees hereunder my wife, JOHANNA, and DAUPHIN DEPOSIT BANK AND TRUST COMPANY. If my wife should be unable or unwilling to serve or to complete the administration of any trust hereunder, then no successor shall serve in her place and my corporate Trustee shall thereafter serve as sole Trustee hereunder. My Trustee(s) shall serve as guardian of the property of any minor beneficiaries hereunder, under any instrument of trust executed by me, under any policies of insurance on my life, and in any other situation in which the power to make such appointment exists under the laws of Pennsylvania. No individual fiduciary shall be liable for the acts, omissions or defaults of any agent appointed and retained with due care or of any 15 co-fiduciary. No fiduciary shall be required to furnish bond or other security for the proper performance of his duties hereunder. 13. Interpretation. As used herein, the issue of my son, DONALD, shall for all purposes be limited to his issue by his second wife, PATRICIA EDMONDSON FRUTIGER, and shall thereby exclude his daughter by his first wife, and my "issue" hereunder shall also be so restricted with regard to my issue through my son, DONALD. 14. Gender. Unless the context indicates otherwise, any use of the masculine gender herein shall also include the feminine gender. IN WITNESS WHEREOF, I, DONALD U. FRUTIGER, herewith set my hand to this, my last Will, typewritten on seventeen (17) sheets of paper including the self-proving-~,ttestation clause and signatures of witnesses, this {~- day of ~,l 19~9~. ~ DONA~ U. ~UTIGER essed: ", <__?'"J~~ residing at ~~j~ ~ ~e~~// residing at 16 - COMMONWEALTH OF PENNSYLVANIA : : SS: COUNTY OF CUMBERLAND : DONALD ~.~RUTIGER, (the testator), ~,('i~3 ~.~i ~">~c~i~ , names are signed to th~ foregoing instrument, being first duly sworn, each hereby declares to the undersigned authority that the testator signed and executed the instrument as his last will in the presence of the witnesses and that he had signed willingly, and that he executed it as his free and voluntary act for the purposes therein expressed, and that each of the witnesses, in the presence and hearing of the testator, signed the will as witness and that to the best of his knowledge the testator was at that time eighteen years of age or older, of sound mind and under no constraint or undue influence. S: i TESTATOR: / DONALD U. FRUTIGER WITNESS: WITNESS: Subscribed, sworn to and acknowledged before me by])iOl~A~D TJ. FRUTIGER, the ~stato~,~a~ ~scribed and swo~n to before ~e ~C~i~'k ~. ~i%%-~ , and /-'t5~ ~. ~p_~,~_C)f-~ the witnesses, this /f~ day o~cc=b~r, Ip~,: ~otary Public (S~) NOTARIAL SEAL JENNIE E. ROW, Notanj Public Harrisburg, Dauphin County My Commission Expires Jan. 19, 1993 17 - CERTIFICATION OF NOTICE UNDER RULE 5.6(a) Name of Decedent: DONALD U. FRUTIGER Date of Death: December 27, 2002 , Will No.: Admin. No.: 2003-00047 To the Register: I certify that the Notice of Estate Administration required by Rule 5.6(a) of the Orphans' Court Rules was mailed or delivered to the following heirs and beneficiaries of the above- captioned estate on January -~ , 2003: Johanna C. Frutiger 218 South 24th Street Camp Hill, PA 17011 Donald U. Frutiger, Jr. 51 Oak Lawn Drive Covington, LA 70433 Susan M. Stough 810 South York Road Dillsburg, PA 17019 Elizabeth A. Lobato 79 Fairway Drive Camp Hill, PA 17011 Notice has now been given to all persons entitled th~~. Date: January ~ ,2003 ~"~'~ R hard W. Stevenson, Esq. 100 Pine Street, P.O. Box 1166 Harrisburg, PA 17108 (717) 237-5208 Counsel for personal representative COMMONWEALTH OF PENNSYLVANIA REV-1162 EX(11-96) DEPARTMENT OF REVENUE BUREAU OF INDIVIDUAL TAXES DEPT. 28O601 HARRISBURG, PA 17128-0601 PENNSYLVANIA RECEIVED FROM: INHERITANCE AND ESTATE TAX OFFICIAL RECEIPT NO. CD 002334 STEVENSON RICHARD W ESQ 100 PINE STREET P O BOX 1166 HARRISBURG, PA 17108-1166 ACN ASSESSMENT AMOUNT CONTROL NUMBER ........ fold 101 $13,300.00 ESTATE INFORMATION: SSN: 201-16-4475 FILE NUMBER: 2103-0047 DECEDENT NAME: FRUTIGER DONALD U DATE OF PAYMENT: 03/25/2003 POSTMARK DATE: 00/00/0000 COUNTY: CUMBERLAND DATE OF DEATH: 12/27/2002 TOTAL AMOUNT PAID' $13,300.00 REMARKS: RICHARD W STEVENSON ESQUIRE NO CHECK NUMBER INITIALS: AC SEAL RECEIVED BY: DONNA M. OTTO DEPUTY REGISTER OF WILLS REGISTER OF WILLS McNees Wallace & Nurick,,c attorneys at law LINDA M. ESHELMAN ESTATE PARALEGAL DIRECT DIAL: (717) 237-5210 E-MAIL ADDRESS: LESHELMANI~MWN.COM September 9, 2003 VIA CERTIFIED MAIL Register of Wills Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013-3387 RE: DONALD U. FRUTIGER ESTATE Cumberland County File No. 2003-00047 Pennsylvania Department of Revenue No. 2'1-03-0047 Our File: 2'1536-000'1 Ladies and Gentlemen: Enclosed for filing in the above-referenced estate are the following d ~(~,,?ments:;' · Pennsylvania Inheritance Tax Return (2 originals). The return~Shows a tax due of $1,792.37, and a check is attached in payment thereof.~ · Inventory (2 originals) · · Disclaimer · Check for filing fee of $43.00 ($31.00-Tax Return/Inventory; $12.00-Disclaimer) Please date-stamp the enclosed copies and return them to us in the stamped envelope provided. Thank you. /"~. ?OL~rs truly, | ! i D'nd~"~. Eshelman ~ j Estate Paralegal LME/mha Enclosures cc: Johanna C. Frutiger 100 PINE STREET · PO BOX 1166 · HARRISBURG, PA 17108-1166 · TEL: 717.232.8000 · FAX: 717.237.5300 · WWW. MWN.COM HAZLETON, PA * STATE COLLEGE, PA · COLUMBUS, OH · WASHINGTON, DC MCNEES, WALLACE & NURICK LLC lo0 PINE STREET [ P.O. BOX 1166 HARRISBURG, Pa 17108-1166 ?~l~l] 3=1{]], ¢1~4[i ~cl~ _~8~1~ RETURN RECEIPT REQUESTED COMMONWEALTH OF PENNSYLVANIA REV-1162 EX(11-96) DEPARTMENT OF REVENUE BUREAU OF INDIVIDUAL TAXES DEPT. 280601 HARRISBURG, PA 17128-0601 PENNSYLVANIA RECEIVED FROM: INHERITANCE AND ESTATE TAX OFFICIAL RECEIPT NO. CD 002994 STEVENSON RICHARD W ESQ 100 PINE STREET P O BOX 1166 HARRISBURG, PA 17108-1166 ACN ASSESSMENT AMOUNT CONTROL NUMBER ........ fold .......... 101 91,792.37 !ESTATE INFORMATION: SSN: 201-16-4475 FILE NUMBER: 21 03-0047 DECEDENT NAME: FRUTIGER DONALD U DATE OF PAYMENT: 09/10/2003 POSTMARK DATE: 09/09/2003 COUNTY: CUMBERLAND DATE OF DEATH: 12/27/2002 TOTAL AMOUNT PAID: 91,792.37 REMARKS: RICHARD W STEVENSON ESQUIRE CHECK# 7241 04160 INITIALS: JA SEAL RECEIVED BY: DONNA M. OTTO DEPUTY REGISTER OF WILLS REGISTER OF WILLS REV-1500 EX (6-00) OFFICIAL USE ONLY PENNSYLVAN IA 'J- ~5- {.~ DEPARTMENT OF REVENUE DEPT. 280601 INHERITANCE TAX RETURN F,,ENUMBER HARRISBURG. PA 17128-0601 RESIDENT DECEDENT 21 -- 03 0047 COUNTY CODE YEAR NUMBER DECEDENT'S NAME (LAST. FIRST. AND MIDDLE INITIAL) SOCIAL SECURITY NUMBER ~ Frutiger, Donald U. 201-16-4475 Z LU DATE OF DEATH (MM-DD-YEAR) DATE OF BIRTH (MM-DD-YEAR) TI-IlS RETURN MUST BE FILED IN DUPLICATE WITH THE UJ 12/27/2002 08/30/1925 REGISTER OF WILLS LU (IF APPLICABLE) SURVIVING SPOUSE'S NAME (LAST, FIRST. AND MI DDLE INITIAL) SOCIAL SECURITY NUMBER Frutiger, Johanna C. 202-20-1432 u.I r'~ J~ 2. Supplemental Return I.- 1. Odginal Return ~ 3. Remainder Return (date of death I~rior to 12-13-82) I/'~1 4. Limited Estate I,X,I 4a. Future Interest Compromise (date of death after 12-12-82) ~ 5. Federal Estate Tax Return Required ~:~ IXJ 6. Decedent Died Testate (Attach copy of Will) I I 7. Decedent Maintained a Living Trust (Attac~ copy of Trust) 8. Total Nam bar of Safe Deposit Boxes [___J 9. Litigation Proceeds Received II 10. Spousal Poverty Credit (date of deat, bet .... ,2-3,-9f andl-~-gs) L~ 11. Election to tax under Sec. 9113(A)(^ttac, S~ho) ~-- THIS SECTION MUST BE COMPLETED, ALL CORRESpONDENCE ~D CON~DENTIA~'r~ iNFORMAT oN SHOULD BE DiReCTED ~Oi z NAME COMPLETE MAILING ADDRESS t.M o Richard W. Stevenson, Esq. z o 100 Pine Street = FIRM NAME (If Applicable) ,- P O. Box 1166 = McNees Wallace & Nurick LLC · = Harrisburg, PA 17108 0 TELEPHONE NUMBER 717-237-5208 1. Real Estate (Schedule A) (1) 195 , 000. 09_.~.; . OFFICIAL USE ONLY 2. Stocks and Bonds (Schedule B) (2) 276,44 6.8~' 3. Closely Held Corporation. Partnership or Sale-Proprietorship (3) 0.0 0 4. Mortgages & Notes Receivable (Schedule D) (4) 0.00 .... 5. Cash, Bank Deposits & Miscellaneous Personal Property (Schedule E) (S) 61,037.32 Z 6. Jointly Owned Property (Schedule F) 0. 0 0 O (6) ~ ~ Separate Billing Requested ~ 7. Inter-Vivos Transfers & Miscellaneous Non-Probate Property (7) , · 245 842 63 (Schedule G or L) ~ 778,326 76 <I: 8. Total Gross Assets (total Lines 1-7) (8) · LM 9. Funeral'Expenses & Administrative Costs (Schedule H) (9) 24,12 6.00 10. Debts of Decedent, Mortgage Liabilities. & Liens (Schedule I) (10) 3 6 0. 0 0 1 I. Total Deductions (total Lines 9 & 10) (11) 24,486.00 12. Net Value of Estate (Line 8 minus Line 11) (12) 7 53,8 4 0.7 6 13. Charitable and Governmental Bequests/Sec 9113 Trusts for which an eleotion to tax has not been made (Schedule J) (13) 0. 0 0 14. Net Value Subject to Tax (Line 12 minus Line 13) (14) 753,840.7 6 SEE INSTRUCTIONS ON REVERSE SIDE FOR APPLICABLE RATES 15. Amount of Line 14 taxable at the spousal tax 4 02,8 9 9.17 0.0 0 z rate, or transfers under Sec. 9116 (a)(1.2) x .00 (15) ~ 350,941.59 15,792.37 ~: 16. Amount of Line 14 taxable at lineal rate x .045 (16) -' O. 00 0 O0 a. 17. Amount of Line 14 taxable at sibling rate x .12 (17) ' o 0.00 0 00 (.3 18. Amount of Line 14 taxable at collateral rate. x .15 (18) · x ~ 15,792 37 ~ 19. Tax Oue (19) · > BE SURE TO ANSWER AI-.I..QUESTIONS ON R~ERSE S DE ~D RECHECK MATH 2W46451.000 Decedent's Complete Add, s: S3P, EET ADDRESS 218 South 24th Street CITY STATE I 7_JP i Camp Hill PA t 17011 Tax Payments and Credits: 1. Tax Due (Page 1 Line 19) (1) 15r792.37 2. Credits/Payments A. Spousal Poverty Credit 0.00 B, Prior Payments 13,300.00 C. Discount 700.00 Total Credits (A + B + C) (2) 14,000. O0 3. Interest/Penalty if applicable D. interest 0.00 E. Penalty 0.00 Total interest/Penalty (D + E) (3) 0. O0 4. If Line 2 is greater than Line 1 + Line 3, enter the difference. This is the OVERPAYMENT. Check box on Page 1 Line 20 to request a refund (4) 5. If Line 1 + Line 3 is greater than Line 2, enter the difference. This is the TAX DUE. (5) 1,792.37 A. Enter the interest on the tax due. (5A) 0.00 B. Enter the total of Line 5 + 5A. This is the BALANCE DUE. (5B) i r 792.37 Make Check Payable to: REGISTER OF WILLS, AGENT PLEASE ANSWER THE FOLLOWING QUESTIONS BY PLACING AN "X" IN THE APPROPRIATE BLOCKS 1. Did decedent make a transfer and: Yes No a. retain the use or income of the property transferred; ....................... [---] [-~ b. retain the right to designate who shall use the property transferred or its income; ......... ~--~ r~ c. retain a reversionary interest; or ................................ ~ [-~ d. receive the promise for life of either payments, benefits or care? ................. ~ r-~ 2. if death occurred after December 12, 1982, did decedent transfer property within one year of death without receiving adequate consideration? ............................ [--~ ['~ 3. Did decedent own an "in trust for" or payable upon death bank account or security at his or her death? [-~ r-~ 4. Di~ decedent own an Individual Retirement Account, annuity, or other non-probate property which contains a beneficiary designation? ................................ ['~ [---] IF THE ANSWER TO ANY OF THE ABOVE QUESTIONS IS YES, YOU MUST COMPLETE SCHEDULE G AND FILE IT AS PART OF THE RETURN. 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 reprssentatn,~ is based on all information of which preparer has any knowledge. ~p Hill, PA 170/1~ n ADOS' l0 Pine Street P.O. Box 1166 Harrisburg, PA 17108 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 su~ving spouse is 3% [72 P.S.§ 9916 (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 su~ving spouse is 0% [72 P.S. § 9116 (a) (1.1) (ii)] The statute doss not exempt a transfer to a surviving spouse from tax, and the statutory requirements for disclosure of assets and filing a tax ratum ara 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 valu · 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 0% [72 P.S. § 9116(a)(1.2)]. The tax rate imposed on the net value of transfers to or for the use of the decedent's lineal beneficiaries is 4.5%, except as noted Jn 72 P.S. § 9116(1.2) [72 P.S. § 9116(a)(1)]. The tax rate imposed on the net value of transfers to or for the use of the decedent's siblings is 12% (72 P.S. § 9116(a)(1.3)]. A sibling is defined, under Section 9102, as an individual who has at least one parent in common with the decedent, whether by blood or adoption. 2W4646 1.000 REV-1502EX+ (1-97) SCHEDULE A COMMONWEALTH OF PENNSYLVANIA REAL ESTATE INHERITANCE TAX RETURN RESIDENT DECEDENT ESTATE OF FILE NUMBER Frutiger, Donald U. 21-03-0047 All mai property owned solely or as a tenant In common must be reported at fair market value. Fair market value is defined as the pdce at which property would be exchanged between a willing buyer and a willing seller, neither being compelled to buy or sell, both having reasonable knowledge of the relevant facts. Real property which is jointJy-owned with right of survivorship must be disclosed on Schedule F. ITEM DESCRIPTION VALUE AT DATE NUMBER OF DEATH 1. Real Estate known as 218 S. 24th Street, Camp Hill, C~m~erland 195,000.00 County, Pennsylvania Copies of appraisal and property deed attached. TOTAL (Also enter on line 1, Recapitulation) $ 195 r 000.00 2w4095 2.000 (If more space is needed, insert additional sheets of the same size) REV-1503 EX + (1-97) SCHEDULE B COMMONWEALTH OF PENNSYLVANIA STOCKS & BONDS INHERITANCE TAX RETURN RESIDENT DECEDENT ESTATE OF FILE NUMBER Frutiger, Donald U. 21-03-0047 All property jointly-owned with right of survivorship must be disclosed on Schedule F. ITEM VALUE AT DATE NUMBER DESCRIPTION OF DEATH 1. THE FOLLOWING ASSETS (Items #1 to 12) WERE HELD IN DECEDENT'S 15,923.97 SMITH BARNEY BROKERAGE ACCOUNT NO. 724-01951-10. SEE ATTACHED ACCOUNT VALUATION INFORMATION: Bank Deposit Program 2 150 shs. American Electric Power Co. Inc. @ 27.72/share 4,158.00 3 1000 shs. Duguesne Light Co., 6.7% 28,230.00 4 400 shs. Rochester Gas & Elecric Corp. @ 26.545/share 10,618.00 5 400 shs. Verizon New England Inc. 7% @ 25.635/share 10,254.00 6 $10000 Household Fin Corp Internotes Coupon 6% Mature 2/15/07 10,165.40 @ 101.654 Accrued Interest 26.66 7 $10000 Bank & Trust Of Puerto Rico Coupon 6% Mature 3/6/11 @ 10,339.60 103.396 Accrued Interest 200.55 8 $5000 Pennsylvania Hsg Fin Agy Ser Coupon 4.55% Mature 10/1/11 5,233.05 @ 104.661 Accrued Interest 56.87 9 $35,000 Philadelphaia PA Ar pt Rev Coupon 5.375% Mature 6/15/15 37,212.35 @ 106.321 Accrued Interest 83.61 10 $50,000 Philadelphia Penn Wtr&Swr Coupon 5% Mature 6/15/16 @ 50,600.50 101.201 Total from continuation pages .... 93,344.25 TOTAL (Also enter on line 2, Recapitulation) $ 27 6,44 6.81 2w46963.000 (If more space is needed, insert additional sheets of the same size) Page 2 21-03-0047 Estate of: Frutiger, Donald U. Schedule B -- Stocks & Bonds Value at Item Date of Death No. Description 111.11 10 Accrued Interest 11 $10,000 General Electric Cap Corp Coupon 6% Mature 11/28/16 @ 10,018.70 100.187 5.00 Accrued Interest 12 $6000 Salomon Smith Barney HLD Coupon 6.75%, Mature 1/18/17 @ 6,381.66 106.361 14.62 Accrued Interest 13 $50 U.S. Savings Bond, Series EE; Issue Date - October 1992 45.16 See attached valuation information 14 One-Half of U.S. Savings Bonds, Series EE held jointly between 76,768.00 decedent and his spouse. One-half is being reported as that decedent's spouse disclaimed her survivorship interest in the bonds. See a~tached bond listing, bond valuation information, and copy of spouse's disclaimer. TOTAL. (Carry forward to main schedule) ...... 93,344.25 REV-1508 EX + (1-97) SCHEDULE E COMMONWEALTH OF PENNSYLVANIA CASH, BANK DEPOSITS, & MISC. INHERITANCE TAX RETURN Ri=$!DENT DECEDENT PERSONAL PROPERTY ESTATE OF FILE NUMBER Frutiger, Donald O. 21-03-0047 Include the ~ ~roceeds of litigation and the date the proceeds were received by the estate. All property jointly-owned with the right of survivorship must be disclosed on Schedule F. ITEM VALUE AT DATE NUMBER DESCRIPTION OF DEATH 1. Waypoint Bank Certificate of Deposit No. 461300236; See 46,969.55 attached bank letter Accrued Interest 1,~584-77 2 PA Department of Revenue; Refund re 2002 Income Tax Return 163.00 3 1995 Ford Explorer - Valued per sales price 7,500.00 4 1992 Acura Legend - Valued per Kelly Blue Book 4,820.00 TOTAL (Also enter on line 5~ Recapitulation) $ 61,037.32 2W46AD 2.000 (If more space is needed, insert additional sheets d the same size) .EV-~5~0 EX + (~-97) SCHEDULE G INTER-VIVOS TRANSFERS & COMMONW~L~ OF PENNSYLVANIA INHERITANCE T~ RE~RN MISC. NON-PROBATE PROPERTY ~SIDENTDECEDENT ESTATEOF FILENUMBER Frutiger, Do~=ld U. 21-03-0047 This schedule must be completed and filed if the answer to any d questi~s 1 ~r~ Ih 4 ~ the reverse side ~ the REV-1500 COVER SHEET is ~s. DESCRIP~ON OF PRO~R~ % OF i~M IN~UDE~E NAME OF ~ETRANSFEREE, ~EIR RELA~ONSHIP TO DATE OF DEATH DECD'S EXCLUSION TAXABLE VALUE DECEDENT~D ~E ~ OF T~NSFER. A~ACH A ~PY OF ~E VALUE OF ASSET INTEREST (IF ~ICABLE) NUMBER ~ED FOR RE/~ ~TATE. 1. Smith Barney Individual 140,392.16 100.00 0.00 140,392 Retirement Account No. 724-65789-13 Beneficiary: Johanna Frutiger See attached valuation information and list of assets held in retirement account (Note, asset valuation is as of December 31, 2002) 2 Travelers Life Insurance 59,957.27 100.00 0.00 59,957 Variable Annuity; Held in Smith Barney Account No. 724-18993-14 Beneficiary: Johanna Frutiger See attached valuation information 3 Travelers Life & Annuity Co. 14,419.70 100.00 0.00 14,419 Annuity; Held in Smith Barney Account No. 724-18993-14 Bgneficiary: Johanna Frutiger See attached valuation information 4 Hartford Life Annuity; Held in 23,348.25 100.00 0.00 23,34~ Smith Barney Account No. 724-18993-14 Beneficiary: Johanna Frutiger See attached valuation information 5 Hartford Life Annuity; Held in 7,725.25 100.00 0.00 7,72~ Smith Barney Account No. TOTAL (Aisc enter on line 7, Recapitul~ion) $ 245,842 (If more space is need~, inseA addEional sh~ts of same size.) 2W46AF 2,000 Page 2 Estate of: Frutiger, Donald U. 21-03-0047 Schedule G -- Inter-vivos Transfers & Misc. Non-probate Property £tem Date of death % of Decd's Exclusion Taxable Value No. Description Value of asset Interest (If applicable) 5 724-18993-14 Beneficiary: Johanna Frutiger See attached valuation information TOTAL. (Carry forward to main schedule) ...... 0.00 .Ev-~5. ~ + (~-97) SCH EDU LE H FUNERAL EXPENSES & COMMONVVEALTH OF PENNSYLVANIA INHERITANCE TAX RETURN AD M IN I STRATIVE COSTS RESIDENT DECEDENT ESTATE OF FILE NUMBER Frutiger, Donald O. 21-03-0047 Debts Df decedent must be reported on Schedule I. ITEM NUMBER DESCRIPTION AMOUNT A. FUNERAL EXPENSES: 1. Highspire Cemetery 500.00 2 Marriott - Funeral Luncheon 241.40 3 Myers Harner Funeral Home 7,948.00 4 Gingrich Memorials - Headstone 4,170.00 B. ADMINISTRATIVE COSTS: O. 00 1. Personal Representative's Commissions Name of Personal Representative(s) Social Security Number(s) / EIN Number of Personal Representative(s) Street Address City State __ Zip Year(s) Commission Paid: 2. Attorney Fees Name: McNees Wallace & Nurick LLC - 10,000.00 3. Family Exemption: (If decedent's address is not the same as claimant's, attach explanation) 0.00 Claimant Street Address City State __ Zip Relationship of Claimant to Decedent 4. Probate Fees 4 8 1.0 0 5. Accountant's Fees 0. O0 6. Tax Return Preparer's Fees 0.0 0 7. Clauser Real Estate; Real Estate Appraisal 295.00 8 C~3mherland County Register of Wills - Filing Fee re 31.00 Pennsylvania Inheritance Tax Return and Inventory 9 C,3mherland Law Journal; Legal Advertising 75.00 10 McNees Wallace & Nurick LLC - Costs Advanced as 209.81 follows: Duplicating $143.16 Total from continuat:Lon pages .... 174.79 TOTAL (Also enter on line 9, Recapitulation) i $ 24,126. O0 2W46AG 2.090 (If more space is needed, insert additional sheets of same size) Page 2 Estate of: Frutiger, Donald U. 21-03-0047 Schedule H, Part B -- Administrative Costs Item No. Description Amount 10 Telephone 2.42 Postage 56.23 Local Courier 8.00 11 McNees Wallace & Nurick LLC - Reserve for closing ~ 75.00 costs 12 The Patriot-News; Legal Advertising 99.79 TOTAL. (Carry forward to main schedule) ...... 174.79 REV-1512 EX + (1-97) SCHEDULE I COMMONWEALTH OF PENNSYLVANIA DEBTS OF DECEDENT, INHEPJTANCETAX RETURN MORTGAGE LIABILITIES, & LIENS RESIDENT DECEDENT ESTATE OF FILE NUMBER Frutiger, Donald U. 21-03-0047 Include unreimbursed medical expenses. ITEM DESCRIPTION AMOUNT NUMBER 1. Checks Outstanding from decedent's Salomon Smith Barney Account 360.00 TOTAL (Also enter on line 10, Recapitulation) $ 360.00 2W46AH 2.000 (If more space is needed, insert additional sheets of the same size) REV-~3 Ex+ (.-oo) SCHEDULE J COMMONWEALTH OF PENNSYLVANIA BENEFICIARIES INHERITANCE TAX RETURN RESIDENT DECEDENT ESTATE OF FILE NUMBER Frutic'er, Donald U. 21-03-0047 RELATIONSHIP TO DECEDENT AMOUNT OR SHARE NUMBER NAME AND ADDRESS OF PERSON(S) RECEIVING PROPERTY Do Not List Trustee(s) OF ESTATE I, TAXABLE DISTRIBUTIONS [include outdght spousal distributions, and transfers under Sec. 9116 (a) (1.2)] 1. Frutiger, Johanna C. Spouse 402,899.17 218 South 24th Street Camp Hill, PA 17011 2 Donald U. Frutiger Trust B ;redit Shelter Trust 350,941.59 c/o 218 South 24th Street Camp Hill, PA 17011 ENTER DOLLAR AMOUNTS FOR DISTRIBUTIONS SHOVVN 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 B. CHARITABLE AND GOVERNMENTAL DISTRIBUTIONS 1. TOTAL OF PART I! - ENTER TOTAL NON-TAXABLE DISTRIBUTIONS ON LINE 13 OF REV-1500 COVER SHEET 2W46AI 1.000 (If more space is needed, insert additional sheets of the same size) REV-1514 EX+ (I-97) SCHEDULE K LIFE ESTATE, ANNUITY COMMONWEALTH OF PENNSYLVANIA ~, TERM CERTAIN INHERITANCE TAX RETURN RESIDENTDECEDENT (Check Box 4 on Rev-1500 Cover Sheet) ESTATE OF FILE NUMBER Frutiger, Donald O. 21-03-0047 This schedule is to be used for all single life, joint or successive life estate and term certain calculations. For dates of death prior to 5-1-89, actuarial factors for single life calculations can be obtained from the Department of Revenue, Specialty Tax Unit. Actuarial factors can be found in IRS Publication 1457, Actuarial Values, Alpha Volume for dates of death on or after 5-1-89. Indicate the type of instrument which created the future interest below and attach a copy to the tax return. ~--[ Will r--] Intervivos Deed of Trust [~ Other LiFE ESTATE INTEREST CALCULATION NAME(S) OF NEAREST AGE AT TERM OF YEARS LIFE ES IS LIFE TENANT(S) DATE OF BIRTH DATE OF DEATH PAYABLE Frutiger, Johanna C. 31/28/1926 77 ~ Life or ~-] Term of Years-- [~ Life or ~ Term of Years -- ~-~ Life or ~ Term of Years -- ~'] Life or ~ Term of Years -- 1. Value of fund from which life estate is payable $ 503,178.13 0.30 2. Actuarial factor per app~_~riate table Interest table rate- L__J 3 1/2% ~] 6% ~-~ 10°/o ~ Variable Rate 4.00 % 3. Value of life estate (Line t multiplied by Line 2) $ 152,236.54 I . ANNUITY INTEREST CALCU~TION NAME(S) OF NEAREST AGE AT TERM OF YEARS ANNUITANT(S) DATE OF BIRTH DATE OF DEATH ANNUITY IS PAYABLE ~ Life or ~ Term of Years -- ~ Life or ~-~ Term of Years -- ~ Life or ~-~ Term of Years ~ ~ Life or ~ Term of Years ~ 1. Value of fund from which annuity is payable $ 2. Check appropriate block below and enter corresponding (number) Frequency of payout - [~ Weekly (52) ~ Bi-weekly (26)[~ Monthly (12) ~ Quarterly (4) [~ Semi-annually (2) [~ Annually {1)[~-~ther ( ) 3. Amount of payout per period $ 4. Aggregate annual payment, Line 2 multiplied by Line 3 5. Annuity Factor (see instructions) Interest table rate [~ 31/2% [] 6% ~] 10% E~] Variable Rate % 6. Adjustment Factor (see instructions) 7. Value of annuity - If using 3 1/2%, 6%, 10%, or if variable rate and period payout is at end of period, calculation is: Line 4 x Line 5 x Line 6 $ If using variable rate and period payout is at beginning of period, calculation is: (Line 4 x Line 5 x Line 6) + Line 3 $ NOTE: The values of the funds which create the above future interests must be reported as part of the estate assets on Schedules A through G of this tax return. The resulting life or annuity interest(s) should be reported at the appropriate tax rate on Lines 13, 15, 16 and 17. (if more space is needed, insert additional sheets of the same size) 2W46AJ 1.000 REV-~7 EX+ (~00) SCHEDULE M FUTURE INTEREST COMPROMISE COMMONWEALTH OF PENNSYLVANIA INHERITANCE TAX RETURN RESIDENT DECEDENT (Check Box 4a on Rev-1500 Cover Sheet) ESTATE OF FILE NUMBER Donald U, Frutiqer 21-03-0047 This schedule Is appropriate only for estates of decedents dying after December 12, 1982. This schedule is to be used for all future interests where the rate of tax which will be applicable when the future interest vests in possession and enjoyment cannot be established with certainty. indicate below the type of instrument which created the future interest and attach a copy to the tax return. ~] Will ~ Trust [~] Other I. Beneficiaries AGETO NAME OF BENEFICIARY RELATIONSHIP DATE OF BIRTH NEAREST BIRTHDAY 1. Joh~na C. Frutiger Spouse 1/28/1926 77 2. Donald U. Frutigerr Jr. Son $. Susan M. Stough Daughter 4. Elizabeth A. Lobato Daughter $. II. For decendents dying on or after July 1, 1994, if a surviving spouse exercised or intends to exercise a right of withdrawal within 9 months of the decedent's death, check the appropriate block and attach a copy of the document in which the surviving spouse exercises such withdrawal right. [---] Unlimited right of withdrawal [---] Limited right of withdrawal III. Explanation of Compromise Offer: See Attached Offer IV. Summary of Compromise Offer: 1. Amount of Future Interest .......................................... $ 350 r 941 .'59 2. Value of Line 1 exempt from tax as amount passing to charities, etc. (also include as part of total shown on Line 13 of Cover Sheet) ...... $ 3. Value of Line ~p__~ssing ~l~ouse ar~propriate tax rate 6° 30 o CheckOne [ [ ~, [ [ ~, [ [OYo ............... $ (also include as part of total shown on Line 15 of Cover Sheet) 4. Value of Line I taxable at lineal rate Check one [----] 6% [-~-] 4.5% ................ $ 350,941.59 (also include as part of total shown on Line 16 of Cover Sheet) 5. Value of Line 1 taxable at sibling rate (12%) (also include as part of total shown on Line 17 of Cover Sheet) ...... $ 6. Value of Line 1 taxable at collateral rate (15%) (also include as part of total shown on Line 18 of Cover Sheet) ...... $ 7. Total value of Future Interest (sum of Lines 2 thru 6 must equal Line 1 ) .................... $ 350,941.5 9 (If more space is needed, insert additiona~sheets of the same size) 2W46AN 1.000 ~ DONALD U. FRUTIGER ESTATE ATTACHMENT TO SCHEDULE M FUTURE INTEREST COMPROMISE FILE NO. 21-03-0047 Will Provisions: Per Paragraph 3 of the Last Will and Testament of Donald U. Frutiger ("Will"), the residue of the estate is bequeathed to two trusts: Trust A (a Marital Trust) and Trust B (credit shelter tyust). As that the decedent's gross taxable estate is less than $1,000,000, the entire estate residue will be distributed to Trust B. Trust B: The provisions of the Trust B are provided in Paragraph 5 of the Will: Income and Principal Distributions During Spouse's lifetime: (1) Income. The trustees are directed to distribute the net income from the Trust, at least quarterly, to or for the benefit of his spouse, Johanna C. Frutiger. (2) Principal. The Trustees may make discretionary principal distributions to or for the benefit of Mrs. Frutiger for her health, education, support in her accustomed manner of living, or maintenance. Distribution Upon Spouse's death: (1) Power of Appointment. Under Paragraph 5(c) of the Will, Mrs. Frutiger is given the power to appoint the balance in Trust B to or for the benefit of the decedent's issue and their spouses or former spouses and persons gifts to whom are then allowable as deductions under Section 2055 of the Internal Revenue Code (or any successor provision) as she may direct by making specific reference to such power in her will. (2) Defective Appointment/Default of Appointment. If.Mrs. Frutiger fails to effectively exercise her power of appointment, Trust B is to be distributed per stirpes to the decedent's issue. As that all the decedent's issue are over age 30, the property would be distributed outright to them. Family Back,round: Johanna C. Frutiger, the decedent's spouse, is 77 years of age. The decedent and his wife have three children, Donald U. Frutiger, Jr., Susan M. Stough, and Elizabeth A. Lobato. -1- Proposed Future Interest Compromise: Under the terms of thc Trust, Mrs. Frutiger is entitled to 100% of the life estate calculated as follows: $503,178.13 (residue to fund Trust) X .30255 (actuarial factor) = $152,236.54 As that Mrs. Frutiger is financially stable, we believe it is unlikely that she will need to invade the principal of the Trust for her support or health. Accordingly, our compromise is that thc remainder of $350,941.59 ($503,175.13 less $152,23(~.54) should be allocated to the decedcnt's issue and bc taxed at a 4.5% tax rate. -2- REV-1649 EX+ (1-97) SCHEDULE O COMMONWEALTHOF PENNSYLVANIA ELECTION UNDER SEC. 9113(A) INHERITANCE TAX RETURN S,DE.T CEOE (SPOUSAL DISTRIBUTIONS) ESTATE OF FILE NUMBER Frutiger, Donald U. 21-03-0047 Do not complete this schedule unless the estate is making the election to tax assets under Section 9113(A) of the Inheritance & Estate Tax Act. If the election applies to more than one trust or similar arrangement, a separate form must be filed for each trust. This election applies to the Frutiger Trust B Trust (marital, residual, A, B, By-pass, Unified Credit, etc.) If a trust or similar arrangement meets the requirements of Section 9113(A), and: a. The trust or similar arrangement is listed in Schedule O, and b. The value of the trust or similar arrangement is entered in whole or in part as an asset on Schedule O, then the transferals personal representative may specifically identify the trust (all or a fractional portion or percentage) to be included in the election to have such trust or similar property treated as a taxable transfer in this estate. If less than the entire value of the trust or similar property is inctuded as a taxable transfer on Schedule O, the ~ personal representative shall be considered to have made the election only as to a fraction of the trust or similar arrangement. The numerator of this fraction is equal to the amount of the trust or similar arrangement included as a tnYmh!e asset on Schedule O. The denominator is equal to the total value of the trust or similar arrangement. PART A: Enter the description and value of all interests, both taxable and non-taxable, regardless of Location, which pass to the decedent's surviving spouse under a Section 9113(A) trust or similar arrangement. DESCPJFI~ON VALUE 1 Donald Frutiger Trust B 503,178.13 PartATotal $ 503,178.13 PART B: Enter the description and value of all interests included in Part A for which the Section 9113 iA) election to tax is being made. DESCRIPTION VALUE 1 Donald Frutiger Trust B 503,178.13 503 178. 13 PartB Total $ ' (If more space is needed, insert additional sheets of the same size) 2W46E2 1.000 EXHIBIT A NUMBER ESTATE OF DONALD U. FRUTIGER PENNSYLVANIA INHERITANCE TAX RETURN -- TABLE OF CONTENTS (EXHIBITS) A. Miscellaneous Documents 1. Table of Contents -- Exhibits 2. Copy -- Letters Testamentary issued by Cumberland County Register of Wills to Johanna C. Frutiger, and copy of decedent's Will dated January 18, 1990 and First Codicil dated November 20, 1996 and Second Codicil dated April 28, 1997 3. Pennsylvania Department of Revenue - Official Receipt (3 month inheritance tax payment) B. Schedule A -- Real Estate; Copy of Real Estate Appraisal and Property Deed C. Schedule B-- Stocks and Bonds (Schedule B) 1 Smith Barney- Account Valuation Information (Items 1 - 12) 2. U.S. Savings Bonds Valuation Information (Items 13 and 14) D. Schedule E--Cash, Bank Deposits and Miscellaneous Personal Property; Waypoint Bank Account Valuation (Item 1) E. Schedule G--Inter Vivos Transfers and Miscellaneous Non-Probate Property 1. Smith Bamey IRA--Account Valuation (Item 1) 2. Smith Barney Annuities (Items 2 - 5) NUMBER Register of Wills of CUMBERLAND County, Pennsylvania Certificate of Grant of Letters No. 2003-00047 PA No. 21-03-0047 ESTATE OF FRUTIGER DONALD U ( ~ ,A~'i', r'if~'i', Late of CAMP HILL BOROUGH , ~UMJ~kJl/LJ-~SIL3 t~OUi%l'l'~, Deceased Social Security No. 201-16-4475 WHEREAS, on the 17th day of January 2003 instruments dated January 18th 1990 & November 20th 1996 & April 28th 1997 were admitted to probate as the last will and codicil of FRUTIGER DONALD U late of CAMP HILL BOROUGH , CUMBERLAND County, who died on the 27th day of December 2002 and, WHEREAS, a true copy of the will & codicil as probated is annexed hereto. THEREFORE, I, DONNA M. OTTO , Register of Wills in and for the County of CUMBERLAND in the Commonwealth of Pennsylvania, hereby certify that I have this day granted Letters TESTAMENTARY to FRUTIGER JOHANNA C who has duly qualified as Executor(rix) and has agreed to administer the estate according to law, all of which fully appears of record in my Office at CUMBERLAND COUNTY COURT HOUSE, CARLISLE, PENNSYLVANIA. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seal of my Office the 17th day of January 2003. **NOTE** ALL NAMES ABOVE APPEAR (LAST, FIRST, MIDDLE) FIRST CODICIL TO WILL OF DONALD U. FRUTIGER I, DONALD U. FRUTIGER, of Cumberland County, Pennsylvania, declare this to be the first codicil to my will executed on January 18, 1990. 1. I hereby delete paragraph 1 of my said will. 2. In all other respects, my said will, subject to any earlier codicils, shall remain unchanged. IN WITNESS WHEREOF, I, DONALD U. FRUTIGER, herewith set my hand to this, a codicil to my last Will, typewritten on two (2) sheets of paper including the self-proving attestation clause and signatures of witnesses, this 20th day of November, 1996. Donald U. Frutiger residing at COMMONWEALTH OF PENNSYLVANIA : : SS: COLTNTY OF DAUPHIN : Donald U. Frutiger (the testator), '~ich~f~ b0. S~¢~°~%~ , ~~ O' L~ , and ~Qfe~ ~. ~c~{'~e~ (the witnesses), whose n~mes are signed to the foregoing ins~crument, being first duly sworn, each hereby declares to the undersigned authority that the testator signed and executed the instrument as a codicil to his last will in the presence of the witnesses and that he had signed willingly, and that he executed it as his free and voluntary act for the purposes therein expressed, and that each of the witnesses, in the presence and hearing of the testator, signed the codicil as witness and that to the best of his knowledge the testator was at that time eighteen years of age or older, of sound mind and under no constraint or undue influence. SS: / TESTATOR: Donald U. Frutiger' Subscribed, sworn to and acknowledged before me by Donald U. Frutiger, the testator, and subscribed and sworn to before me by ~%~w~ ~.~e~%~ , ~ ~, , this 20th day of Nove~er, 1996. '-~Notary Public (SEAL) NOTARIAL SEAL ANGELA M. ALONZO, Notary Public Harrisburg, PA Dauphin county My commissmn Expires Oct. 26, 2000 - 2 - SECOND CODICIL TO WILL OF DONALD U. FRUTIGER I, DONA/~D U. FRUTIGER, of Cumberland County, Pennsylvania, declare this to be the second codicil to my will executed on January 18, 1990. 1. I hereby amend and restate paragraph 12 of my said will to read in its entirety as follows: "12. Fiduciaries. I appoint as executrix hereunder my wife, JOHANNA C. FRUTIGER. If my wife should be unable or unwilling to serve or to complete the administration of my estate, then my son, DONALD U. FRUTIGER, JR., and my daughters, SUSAN M. STOUGH and ELIZABETH A. BELL, shall serve in her place, and if any of them is ever unable or unwilling so to serve or to continue so serving, no successor shall be appointed to serve in his or her place, unless none of them is so able or willing, in which event DAUPHIN DEPOSIT BANK AND TRUST COMPANY shall serve in their place. I appoint as Trustees hereunder my wife, JOHANNA, son, DONALD U. FRUTIGER, JR., and daughters, SUSAN M. STOUGH and ELIZ~kBETH A. BELL. If my wife should be unable or unwilling to serve or to complete the administration of any trust hereunder, then no successor shall serve in her place and if any child of mine.should be unable or unwilling to serve or to complete the administration of any trust hereunder, no successor shall be appointed to serve in his or her place, unless none of my children is then able or willing to so serve, in which event DAUPHIN DEPOSIT BANK AND TRUST COMPANY shall serve in their place. My Trustee(s) shall serve as guardian of the property of any minor beneficiaries hereunder, under any instrument of trust executed by me, under any policies of insurance on my life, and in any other situation in which the power to make such appointment exists under the laws of Pennsylvania. No individual fiduciary shall be liable for the acts, omissions or defaults of any agent appointed and retained with due care or of any co-fiduciary. No fiduciary shall be re~ired to furnish bond or other security for the proper performance of his duties here~der." 2. In all other respects, my said will, subject to any earlier codicils, shall remain unchanged. IN WI~ESS ~EREOF, I, DON~D U. FR~IGER, herewith set my hand to this, a codicil to my last Will, t~ewritten on three (3) sheets of paper including the self-proving attestation clause and signatures of witnesses, this 28th day of ~ril, 1997. Donald U. Frutiger residing at - 2 - COMMONWEALTH OF PENNSYLVANIA : : SS: COUNTY OF DAUPHIN : Donald U. Frutiger (the testator), ~c~ ~0. S~eu~5oh , ~$ ~ ~. ~ ~ ~ , and ( the witnesses), whose names are signed to the foregoin9 instrument, bein~ first duly sworn, each hereby declares to the undersigned authority that the testator signed and executed the instrument as a codicil to his last will in the presence of the witnesses and that he had signed willingly, and that he executed it as his free and voluntary act for the purposes therein expressed, and that each of the witnesses, in the presence and hearin9 of the testator, si~ned the codicil as witness and that to the best of his knowledge the testator was at that time eighteen years of age or older, of sound mind and un/~er no constra~ or undue influence. Donald U. Frutiger WITNESS: WITNESS: Subscribed, sworn to and acknowledged before me by Donald U. Frutiger, the testator, and subscribed and sworn to before me by ~'c~'~ k~. ~%~0~ , ~e~ -~. ~~ , and , the witnesses, this 28th day of April, 1997. Notary ~u~ NOTARIAL SEAL ANSELA M. ALONZO, Notary Public Harrisburg, PA Dauphin County My Commission Expires Oct. 26,2000 WILL o_E DONALD U. FRUTIGER I, DONALD U. FRUTIGER, of Cumberland County, Pennsylvania, declare this to be my will and hereby revoke all prior wills and codicils made by me. 1. Pecuniary Bequests. I bequeath the sum of Fifty Thousand Dollars ($50,000) to each child of mine as survives me, and if a child of mine has predeceased me leaving children of his or her (subject to paragraph 13 hereof) who survive me, the bequest to my deceased child shall pass to his or her issue per stirpes. 2. Personalty. I bequeath to my wife, JOHANNA C. FRUTIGER, all of my tangible personal property not used in business or for the production of income, including without limitation furniture, furnishings, clothing, jewelry, objects of art and decoration, and the like, and any motor vehicles which I own, together with the insurance thereon, if she survives me. If my wife does not survive me, then I bequeath all said property, together with the insurance thereon, to those of my children who survive me. If said children are not all competent adults, or if they cannot agree on the division, then my executor(s) shall make the division, and may sell any items passing hereunder and distribute the proceeds. 3. Residue. I bequeath, devise, and appoint all the rest of my property, of whatever nature and wherever situated, including property over which I hold a power of appointment, except that I do not exercise any power of appointment given to me by my wife, to the Trustee(s) hereinafter named, for the following purposes: (a) If my wife, JOHANNA C. FRUTIGER, survives me, then the Trustee(s) shall establish Trust A hereunder, governed by paragraph 4 below, by allocation thereto, from the property held hereunder, an amount, if any, equal to (i) the minimum amount, after taking into account all deductions other than the marital deduction and applying all credits available, which is necessary as the marital deduction to reduce to the lowest possible amount the federal estate tax payable by reason of my death and any federal generation-skipping tax on any transfer with respect to which I am the deemed transferor, less (ii) the value of all other assets in my gross estate which qualify for the marital deduction and which pass or have passed to my said wife under other provisions of this will or otherwise. In determining such amount, all assets involved in the calculation shall be valued at final federal estate tax values, but in funding Trust A, date of distribution values shall be used and only assets that qualify for the marital deduction shall be used. I intend that the interest of my wife in Trust A shall qualify for the marital deduction, and any provisions herein which may appear to conflict with or in any way defeat my intention to obtain the marital deduction for the full amount of Trust A shall be construed or applied to accomplish that intention. (b) The remainder of the property passing hereunder (or, if my wife does not survive me, all the property passing hereunder) shall be held as Trust B. (See paragraph 5 below.) 4. Trust A. The income and principal of Trust A (if established hereunder) shall be distributed as follows: (a) Income. The Trustee(s) shall pay the net income from Trust A to or for the benefit of my wife, JOHANNA C. FRUTIGER, for her lifetime, in such installments, but not less frequently than quarterly, as the Trustee(s) may determine. (b) Principal. The Trustee(s) shall pay from time to time from the principal of Trust A to or for the benefit of my wife: (i) such sums as shall in the discretion of the Trustee(s) seem proper for her support, maintenance, and health care or necessary to permit her to maintain a standard of living approximately equal to that maintained by her during my lifetime, taking into account such other sources of income, support and estate that may be available to her, and (ii) such sums, including any or all principal, that my wife may request in writing. (c) After Wifets Lifetime. Upon the death of my wife, JOHANNA C. FRUTIGER, all the principal then held in Trust A shall be distributed as she may by her will appoint, making specific reference to this Trust A. Except as expressly stated in the preceding sentence, there shall be no restriction, condition or qualification on or to the power to make such appointment and the permissible beneficiaries. The power of appointment shall be exercisable by my wife alone and in all events, and there shall be no power in any person other than my wife to appoint to any other person any part of the property passing under Trust A. To the extent that my wife should fail to exercise effectively her power of appointment over any part of the property in Trust A, the Trustee(s) shall (except to the extent that my wife expressly directs to the contrary in her last will or in a writing delivered to the Trustee(s) during her lifetime) pay from the unappointed portion of the principal of Trust A: (i) the amount of any additional estate, inheritance or other death taxes imposed on account of the death of my wife by reason of her power of appointment over and other rights in the unappointed portion of the principal of Trust A (the amount of each such additional tax to be equal to the excess if any of the tax, including any interest thereon, payable by reason of her death over the amount of such tax which would have been payable if no such tax was payable by reason of her death with respect to the unappointed principal of Trust A), and (ii) any expenses incurred in the administration of her estate attributed to the determination of such taxes (and the Trustee(s) may accept the written statement of her personal representatives as to the amount of taxes and expenses payable hereunder), - 4 and the remaining balance of the principal held in Trust A at her death shall be added to and considered part of Trust B and shall be administered and distributed under the provisions herein governing Trust B. 5. Trust B. The income and principal of Trust B shall be distributed as follows: (a) Income. The Trustee(s) shall pay the net income from Trust B to or for the benefit of my wife for her lifetime, in such installments, but not less frequently than quarterly, as the Trustee(s) may determine. (b) Principal. The Trustee(s) shall from time to time pay such sums from the principal of Trust B to or for the benefit of my wife as may in the discretion of the Trustee(s) seem necessary for her support and maintenance and health care, for the maintenance by her of the standard of living maintained by her during my lifetime, taking into account such other sources of income, support and estate that may be available to her. In determining whether any invasion shall be made for the benefit of my wife from the principal of Trust A or from the principal of Trust B, such invasion shall be made from Trust A as far as practical. No beneficiary of Trust B shall participate as a co~Trustee in any decision under this subparagraph (b). (c) After Wifets Lifetime~ Limited Power of Appointment by Wife. Upon the death of the survivor of my wife and me, if she survives me, the Trustee(s) shall pay the balance held in Trust B, ~ 5 outright or in trust, in such amounts or proportions to or for the benefit of any or all of my issue (subject to paragraph 13 hereof) and their spouses or former spouses and persons gifts to whom are then allowable as deductions under Section 2055 of the Internal Revenue Code (or any successor provision), as my wife may direct in her will making specific reference to Trust B hereunder. To the extent that my wife should fail to exercise effectively her limited power of appointment over Trust B, or if she should predecease me, then upon the death of the survivor of my wife and me, the Trustee(s) shall distribute the remaining balance of Trust B in accordance with the provisions of subparagraph (d) below. (d) Distribution of Trust B. When my wife is no longer living, the principal remaining in Trust B shall be distributed per stirpes to my issue, provided, however, that if any such issue is then under the age of thirty (30) years, his share shall be held for him in a separate trust hereunder under the terms of paragraph 6 below. 6. Separate Trusts. The income and principal of a separate trust in which a share in Trust B is held for a beneficiary pursuant to the terms of paragraph 5(d) above shall be distributed as follows: (a) Income. The income shall be distributed at least quarterly to or for the benefit of the beneficiary. No payment shall be made under this subparagraph (a) which would discharge to any extent the legal obligation of any person for the support of the beneficiary. (b) Principa%. The Trustee(s) shall pay from the principal such sums to or for any or all of the beneficiary and his issue as in the discretion of the Trustee(s) seems proper for their support, maintenance, health care, and education, and such sums to or for the benefit of the beneficiary as in the discretion of the Trustee(s) seems proper to help establish him in a business or profession or acquire or furnish a home for him, taking into account the other sources of income, support and estate that are available to the distributee, the reasonably anticipated needs and resources of the beneficiary and his issue, their income and estate tax brackets, the desirability of the transaction (if any), and the possible application of any generation-skipping tax. No payment shall be made under this subparagraph (b) which would discharge to any extent the legal obligation of any person for the support of the distributee. (c) Distribution of Separate Trust. (i) When such beneficiary shall have attained the age of twenty-five (25) years, the Trustee(s) shall distribute to him at his written request one half (1/2) of the remaining principal balance then held in his separate trust and when such beneficiary shall have attained the age of thirty (30) years, the Trustee(s) shall distribute to him at his written request the entire balance held in his separate trust. - 7 (ii) If such beneficiary should die before making proper request for the entire balance in his separate trust, then the entire balance in his separate trust shall at his death be distributed, outright or in trust, in such sums or proportions as such beneficiary may direct in his last will, expressly referring to his separate trust hereunder, but only among my issue and their spouses or former spouses and persons gifts to whom are then allowable as deductions under Section 2055 of the Internal Revenue Code (or any successor provision); and to the extent that such beneficiary shall fail to exercise effectively his limited power of appointment hereunder, the aforementioned balance in his separate trust shall then be distributed per stirpes to his issue, or, if no such issue survive him, per stirpes to the issue of his parent who was a child or more remote descendant of mine, or, if no such issue survive him, per stirpes to the issue of his grandparent who was a child or more remote descendant of mine or, if no such issue survive him, per stirpes to my issue, with the share of any of such issue for whom property is then held in or payable to a separate trust under this paragraph 6 being added to such separate trust. (d) Disposition Upon Application of Rule Against Perpetuities. Notwithstanding subparagraph (c) above, if during the lifetime of a person for whom a separate trust under this paragraph 6 was established the interest of such person therein becomes void under the applicable rule against perpetuities, then the balance in such separate trust shall then be distributed outright to such person. 7. Survival Clauses. If my wife and I should die under such circumstances that it cannot be determined which of us survives, my wife shall be deemed to have survived me for all purposes hereunder. If any other beneficiary hereunder should die within sixty (60) days after me or within sixty (60) days after any other person the survival of whom determines his rights hereunder, then such beneficiary shall be deemed to have predeceased~me or such other person for all purposes hereunder. 8. Powers. In addition to such other powers and duties as may be granted elsewhere herein or which may be granted by law, the fiduciaries hereunder shall have the following powers and duties, without the necessity of notice to or consent by any Court: (a) To retain all or any part of my property, real or personal, in the form in which it may be held at the time of its receipt, including any closely held business in which I have an interest and any stock of any corporate fiduciary hereunder, as long as in the exercise of their discretion it may be advisable so to do, notwithstanding that said property may not be of a character authorized by law, provided, however, that upon written - 9 request by my wife, they shall within a reasonable time make productive of income any interest in property (however and whenever acquired) held in Trust A hereunder. (b) To invest and reinvest any funds held hereunder in any property, real or personal, including, but not by way of limitation, bonds, preferred stocks, common stocks, and other securities of domestic or foreign corporations or investment trusts, mortgages or mortgage participations, and common trust funds, even though such property would not be considered appropriate or legal for a fiduciary apart from this provision. (c) To sell, convey, exchange, partition, give options to buy or lease upon, or otherwise dispose of any property, real or personal, at any time held by them, with or without order of court at their option, at public or private sale or otherwise, for cash or other consideration or for such credit terms as they think proper, and upon such terms and for such prices as they may determine, and to convey such property free of all trusts. (d) To borrow money from any person, including any fiduciary hereunder, for any purpose in connection with the administration hereof, to execute promissory notes or other obligations for amounts so borrowed, and to secure the payments of such amounts by mortgages or pledges of any property, real or personal, which may be held hereunder. 10 - (e) To make loans, secured or unsecured, in such amounts, upon such terms, at such rates of interest, and to such persons, firms or corporations as they may deem advisable. (f) To renew or extend the time for payment of any obligation, secured or unsecured, payable to or by them, for as long a period of time and on such terms, as they may determine, and to adjust, settle and arbitrate claims or demands in favor of or against them. (g) In dividing or distributing any property, real or personal, included herein, to divide or distribute in cash, in kind, or partly in cash and partly in kind. (h) To hold, manage, and develop any real estate which may be held by them at any time, to mortgage any such property in such amounts and on such terms as they may deem advisable, to lease any such property for such term or terms, and upon such conditions and rentals as they may deem advisable, whether or not the term of any such lease shall exceed the period permitted by law or the probable period of retention under this instrument; to make repairs, replacements and improvements, structural and otherwise, in connection with any such property, to abandon any such property which they may deem to be worthless or not of sufficient value to warrant keeping or protecting, and to permit any such property to be lost by tax sale or any other proceedings. (i) To employ such brokers, banks, custodians, investment counsel, attorneys, and other agents, and to delegate to them such - 11 - duties, rights and powers as they may determine, and for such periods as they think fit. (j) To register any securities at any time in their names as fiduciary, or in the names of nominees, with or without indicating the trust character of the securities so registered. (k) With respect to any securities held hereunder, to vote upon any proposition or election at any meeting of the person or entity issuing such securities, and to grant proxies, discretionary or otherwise, to vote at any such meeting; to join or become a party to any reorganization, readjustment, merger, voting trust, consolidation or exchange, and to deposit any such securities with any committee, depository, trustee or otherwise, and to pay out of the trust created herein, any fees, expenses, and assessments incurred in connection therewith; to exercise conversion, subscription or other rights, and to receive or hold any new securities issued as a result of any such reorganization, readjustment, merger, voting trust, consolidation, exchange or exercise of conversion, subscription or other rights and generally to take all action with respect to any such securities as could be taken by the absolute owner thereof. (1) To engage in sales, leases, loans, and other transactions with my estate, the estate of my wife, or any trust established by either of us, even if they are also fiduciaries or beneficiaries thereof. 12 (m) To make all necessary proofs of death under the insurance policies of which they are the beneficiary, to execute any receipts for the proceeds and to institute any action to collect said proceeds and to make adjustments of any claim thereunder, provided, however, that they need not institute any action unless they shall have been indemnified against all expenses and liabilities to which they may become subject as a result thereof. If, however, they desire to institute such action without indemnification, they are hereby authorized to be reimbursed for all expenses and liabilities incurred as a result thereof from any amounts which may be held in trust hereunder then or thereafter. (n) To exercise all elections which they may have with respect to income, gift, estate, inheritance or other taxes, including without limitation execution of joint income tax returns, election to deduct expenses in computing one tax or another, election to split gifts, and election to pay or to defer payment of any tax, in all events without their being bound to require contribution from any other person. (o) To operate, own, or develop any business or property held hereunder in any form, including without limitation sole proprietorship, limited or general partnership, corporation, association, tenancy in common, condominium, or any other, whether or not they have restricted or no management rights, as they in their discretion think best. 13 o 9. ~pendthrift Clausm. No interest (whether in income or principal, whether or not a remainder interest, and whether vested or contingent) of any beneficiary hereunder shall be subject to anticipation, pledge, assignment, sale or transfer in any manner, nor shall any beneficiary have power in any manner to charge or encumber his said interest, nor shall the said interest of any beneficiary be liable or subject in any manner while in the possession of the fiduciaries for any liability of such beneficiary, whether such liability arises from his debts, contracts, torts, or other engagements of any type. 10. Facility of Payments for Minors or Incompetent~. Any amounts or property which are payable or distributable hereunder to a minor or incompetent may, at the discretion of the fiduciaries, be paid to the parent or guardian of such minor or incompetent, to the person with whom such minor or incompetent resides, or directly to such minor or incompetent, or may be applied for the use or benefit of such minor or incompetent. 11. Taxes. I direct that all estate, inheritance, and succession taxes that may be assessed in consequence of my death, of whatever nature and by whatever jurisdiction imposed, other than generation-skipping taxes, shall be paid out of the principal of my general estate to the same effect as if said taxes were expenses of administration, except that any such additional taxes (and interest and penalties thereon) imposed on account of my interest in or power over any trust established by my wife shall be paid out of the property held in such trust, and all other property includable in my taxable estate for federal or state tax purposes, whether or not passing under this will, shall be free and clear thereof; provided, however, that my executor(s) may in the discretion of the executor(s) request that any portion or all of - 14 - said taxes (to be paid out of the principal of my general estate) shall instead be paid out of the principal of any trust established by me in this will or otherwise, to the extent expressly authorized under the terms of said trust. With the consent of the Trustee(s) hereunder, said taxes may be paid out of the principal of Trust B hereunder as if said taxes were expenses of administration thereof, provided, however, that no such taxes shall be paid out of Trust A hereunder or out of assets that are not includible in my federal gross estate. 12. Fiduciaries. I appoint as executrix hereunder my wife, JOHANNA C. FRUTIGER. If my wife should be unable or unwilling to serve or to complete the administration of my estate, then my son, DONALD, and my daughters, SUSAN and ELIZABETH, shall serve in her place, and if any of them is ever unable or unwilling so to serve or to continue so serving, no successor shall be appointed to serve in his or her place, unless none of them is so able or willing, in which event DAUPHIN DEPOSIT BANK AND TRUST COMPANY shall serve in their place. I appoint as Trustees hereunder my wife, JOHANNA, and DAUPHIN DEPOSIT BANK AND TRUST COMPANY. If my wife should be unable or unwilling to serve or to complete the administration of any trust hereunder, then no successor shall serve in her place and my corporate Trustee shall thereafter serve as sole Trustee hereunder. My Trustee(s) shall serve as guardian of the property of any minor beneficiaries hereunder, under any instrument of trust executed by me, under any policies of insurance on my life, and in any other situation in which the power to make such appointment exists under the laws of Pennsylvania. No individual fiduciary shall be liable for the acts, omissions or defaults of any agent appointed and retained with due care or of any - 15 co-fiduciary. No fiduciary shall be required to furnish bond or other security for the proper performance of his duties hereunder. 13. Interpretation. As used herein, the issue of my son, DONALD, shall for all purposes be limited to his issue by his second wife, PATRICIA EDMONDSON FRUTIGER, and shall thereby exclude his daughter by his first wife, and my "issue" hereunder shall also be so restricted with regard to my issue through my son, DONALD. 14. Gender. Unless the context indicates otherwise, any use of the masculine gender herein shall also include the feminine gender. IN WITNESS WHEREOF, I, DONALD U. FRUTIGER, herewith set my hand to this, my last Will, typewritten on seventeen (17) sheets of paper including the self-proving~-~_ttestation clause and signatures of witnesses, this ~ - day of ~mem~r, 19~J~. ~O--~ ~ EAL) -~. DONALD U. FRUTIGER Wi~t~es sed: · :, -'~ residing at ..- ...... ~". .. ~-,~ 16 COMMONWEALTH OF PENNSYLVANIA : : SS: COUNTY OF CUMBERLAND : ; DONALD U,. ,.--FRUTIGER, (the testator) , ~'~ ~ ' ~'" ~ , , :' ,'., the witnesses) whose names are signed to the foregoing instrument, being first duly sworn, each hereby declares to the undersigned authority that the testator signed and executed the instrument as his last will in the presence of the witnesses and that he had signed willingly, and that he executed it as his free and voluntary act for the purposes therein expressed, and that each of the witnesses, in the presence and hearing of the testator, signed the will as witness and that to the best of his knowledge the testator was at that time eighteen years of age or older, of sound mind and under no constraint or undue influence. WITNEp S: TESTATOR: '~ DONALD U. ~RUT'fGER %3 WITNESS: WITNESS: / Subscribed, sworn to and acknowledged before me by DONALD U. ~UTIGER, the testato~,.and subscribed and sworn to before me by ': ....... r ~,; , and ~,' .... ~' ~"'~. '> .' the witnesses, this ",'~ day o f*, Notary Public /'~ ( SEAL ) NOYA~AL SEAL JENNI~ E. ROW, No~ Public Hard,burg, Dauphin C~n~ ~ Oo~miss~n Expi~s - 17 - NUMBER COMMONWEALTH Of PENNSYLVANIA REV-1162 EX(11-96) DEPARTMENT OF REVENUE BUREAU OF INDIVIDUAL TAXES DEPT. 280601 HARRISBURG, PA 17128-0601 PENNSYLVANIA RECEIVED FROM: INHERITANCE AND ESTATE TAX OFFICIAL RECEIPT NO. CD 002334 STEVENSON RICHARD W ESQ 100 PINE STREET P O BOX 1166 HARRISBURG, PA 17108-1166 ACN ASSESSMENT AMOUNT CONTROL NUMBER ........ fold 101 $13,300.00 ESTATE INFORMATION: SSN: 201-16-4475 FILE NUMBER: 2103- 0047 DECEDENT NAME: FRUTIGER DONALD U DATE OF PAYMENT: 03/25/2003 POSTMARK DATE: 00/00/0000 COUNTY: CUM BERLAND DATE OF DEATH: 12/27/2002 TOTAL AMOUNT PAID: $13,300.00 REMARKS: RICHARD W STEVENSON ESQUIRE NO CHECK NUMBER INITIALS: AC SEAL RECEIVED BY: DONNA M. OTTO DEPUTY REGISTER OF WILLS TAXPAYER EXHIBIT B APPRAISAL OF REAL PROPERTY LOCATED AT: 218 S 24th St Deed Book 236 Page 11 Camp Hill, PA 17011-5305 FOR: McNees Wallace 8, Nurick, LLC 100 Pine St. Harrisburg, PA 17108-1166 AS OF: 12-27-02 BY: George C. Clauser, SPA Clauser Real Estate Appraisals P. O, Box 777 Camp Hill, PA 17001-0777 Form GA1 -- "TOTAL for Windows" appraisal software by a la mode, inc. -- 1-800-ALAMODE Borrower The Estate of Donald U. Frutiger File No. 3-0219 R-1 Pr0pe~ Address 218 S 24th St Cib/ Camp Hilt County Cumberland State PA Zip Code 17011-5305 Lender McNees Wallace & Nurick LLC APPRAISAL AND REPORT IDENTIFICATION This appraisal conforms to gJ~ of the following definitions: [] Complete Appraisal (The act or process of estimating value, or an opinion of value, performed without Invoking the Departure Rule.) [] Limited Appraisal (The act or process of esUmating value, or an opinion of value, performed under and rosulUng from Invoking the Departure Rule.) This report is QI~ of the following types: [] Self Contained (A written report prepared under Standards Rule 2-2(a) of a Complete or Limited Appraisal pedormed under STANDARD 1 .) [] Summary (A written report prepared under Standards Rule 2-2(b) of a Complete or Limited Appraisal performed under STANDARD 1.) [] Restricted (A written report prepared under Standards Rule 2-2(c) of a Complete or Limited Appraisal pedormed under STANDARD 1 for client use only.) Comments on Standards Rule 2-3 I certify that, to the best of my knowledge and belief: · The statements of fact contained in this report are true and correct. · The reported analyses, opinions, and conclusions are limited only by the reported assumptions and limiting conditions, and are my personal, impartial, and unbiased professional analyses, opinions and conclusions. · I have no (or the specified) present or prospective interest in the property that is the subject of this report, and no (or the specified) personal interest with respect to the parties involved. · I have no bias with respect to the property that is the subject of this report or the parties involved with this assignment. · My engagement in this assignment was not contingent upon developing or reporting predetermined results. · My compensation for completing this assignment is not contingent upon the development or reporting of a predetermined value or direction in value that favors the cause of the client, the amount of the value opinion, the attainment of a stipulated result, or the occurrence of a subsequent event directly related to the intended use of this appraisal. · My analyses, opinions and conclusions were developed and this report has been prepared, in conformity with the Uniform Standards of Professional Appraisal Practice. , I have made a personal inspection of the property that is the subject of this report. - Dennis L. Stover, my assistant, provided significant professional assistance to the certified Appraiser and did inspect the property. Comments on Appraisal and Report Identification Note any departures/mm Standards Rules 1-2, 1-3, 1-4, plus any USPAP-related issues requiring disclosure: APPRAISE,./B~-~ -. SUPERVI~QRY APPRAISER Jerl~ if required): Signature: ~ ,,~,..~.-~ / ~ Signature: ~_~ 0 ~ .~,~ Name: Dennis ~---. Stover, Assistant to the~praiser Name: Geor~ C. Clair; S~ % Date Signed: 2-2~03 Date Signed: 2-26-03 State Ce~iflcation ¢: S~te Ce~ification ¢: General Appraiser GA: 000233-L or State License ~: or State License ¢: State: State: PA Expiration Date of Ceddication or License: Expiration Date of Cedification or License: 06/30/2003 ~ Did ~ Did Not inspect Prope~ George Clauser Form ID2 -- "TOTAL for Windows" appraisal sol, rare by a la mode, inc. -- 1-800-ALAMODE George Ulauser Summary Repod Pror~pescriotion UN[ ,:IM RESIDENTIAL APPRAISAL REPOR" FileNo. 3-0219 R-1 Prope~ Address 218 S 24th St Ci~ Camp Hill State PA Zip Code 17011-5305 I Le(lalDescriDtion Deed Book 236 Page 11 Coun~ Cumberland Assessor's Parcel No. 01-22-0535,-008 Tax Year 02-03 R.E. Taxes $ 2,288.00 Special Assessments $ NA · Borrower The Estate of Donald U. Frutiger Current Owner The Estate of Donald U. Frutic~er Occupant: ~;~ Owner ~ Tenant r~ Vacant N Properly dqhts appraised [~ Fee Simple ~] Leasehold Proiect Type ~ PUD ~] Condominium (HUD/VA only) HOA $ NA /Mo. [] Nei(thborbood or Proiect Name Camp Hill Borough Map Reference 20 B-3 Census Tract 42041-0105.00-4 · Sale Price $ NA Date of Sale NA Description and $ amount of loan charqes/concessiens to be paid by seller NA · Lender/Client McNees Wallace & Nurick, LLC Address 100 Pine St. PO Box 1166, Harrisburg, PA 17108-1166 · George C. Clauser, SRA Address P. O. Box 777, Camp Hill, PA 17001-777 Location [] Urban [] Suburban [] Rural I Predominant I SinglefamilyhousingIl Present anduse% []Landusechange[] $(000) (yrs) I One family 75 Not likely Likely Built up [] Over 75% [] 25.75% [] Under 25% occupancy I PRICE AGE . Growth rate [] Rapid [] Stable [] Slow I [] Owner I 70 Low '1 12-4 family 5 [] In process Property values [] Increasing [] Stable [] Declining [] Tenant 650 Hiqh 100+ Multi-family 5 To: vacant land to Demand/supply [] Shortage [] In balance [] Over supply [] Vacant (0-5%) I Predominantl Commercial 5 res~ Marketinqtime ~--~ Under3mos. ~;~ 3-Cmos. ~ OverCmos. ~ Vac.(over5%) 125 25 Vacant 10 Note: Race and the racial composition of the neighborhood are not appraisal factors. Neighborhood boundaries and characteristics: The subject neighborhood consists of Camp Hill Borough and surrounding municipalities in Cumberland County, PA. that affect the marketability of the properties in the neighborhood (proximity to employment and amenities, employment stability, appeal to market, etc.): valued is located along the west side of S. 24th St. in the residential area known as and churches are located within 3 miles of the property. Full service shopping is available at the / 2-3 miles. Public school students attend the Camp Hill School District. and Mechanicsbu~ )ject neighborhood (including support for the above conclusions related to the trend of property values, demand/supply, and marketing time -- such as data on competitive properties for sale in the neighborhood, description of the prevalence of sales and financing concessions, etc.): Market conditions in the subject neighborhood are considered moderately active with Iow mortgage interest rates bein Sales in recent weeks have been moderately active. Approximately 10 houses of various styles are for sale within 5 miles and are in with the subject. Typical financing for residential properties includes 80% to 90% loan, 1-3 points, 6.5-7.5% mortgage interest rates time is between 90 & 180 days. Project Information for PUDa (If applicable) -- Is the developer/builder in control of the Home Owners' Association (HOA)? [] Yes [] No : Approximate total number of units in the subject project Approximate total number of units for sale in the subject project Describe common elements and recreational taciiities: 135 x 75 x 135 x 75 Topography Avg Site area .23 Acres Corner Lot [] Yes [] No Size Avg Specific zoning classification and description R2 Limited Multiple Family Shape Rectar utar Zoning compliance [] Legal [] Legal nonconforming (Grandtathered use) [] Illegal [] No zoning Drainage Av,q best use as improved: ~ Present use r-] Other use (explain) View Avg Itilities Public Other Off-sitelmprovements Type Public Private Landscaping Avg Electricity [] Street Macadam [] [] Driveway Surface Macadam Gas [] Curb/gutter Concrete -- [] [] Apparent easements Of Record Only Water [] Sidewalk Concrete -- [] [] FEMA Special Flood Hazard Area [] Yes [] No Sanitary sewer [] Street lights Incandesce~ [] [] FEMA Zone X Map Date 12/11/1981 Storm sewer [] I Alley ~ , No. Comments (apparent adverse easements, encroachments, special assessments, slide areas, illegal or legal nonconforming zoning use, etc.): Landscaping exhibits mature shrubs and plantings. Subject is corner lot on the west side of S. 24th St.. There are no assessments uses known. GENERAL DESCRIPTION EXTERIOR DESCRIPTION FOUNDATION BASEMENT iNSULATION Nc. of Units One Foundation ConcrBIock Slab 0 Area Sq. Ft. 847 Roof __ [] No. of Stories Two Exterior Walls Vinyl F Crawl Space 0 % Finished 22% Ceiling Avg [] Type (Det./Att.) Detached Roof Surface FG Shingle Basement 100% Ceiling Walls Avg [] Design (Style) Traditional Gutters & Dwnspts. Aluminum Sump Pump None Walls Pan/BIk Floor Avg [] Existing/Proposed Existir Window Type DblHur Dampness No Evidence Floor None __ [] Age (Yrs.) 73 Storm/Screens Screens Se~ement No Evidence Outside Entry Yes Unknown [] 12 Manufactured House No Infestation No Evidence Floor Drain 847 847 Finished area above qrade contains: 7 Rooms: 3 Bedroom 1 Bath 1,885 ua INTERIOR Materials/Condition HEATING KITCHEN EQUIP. ATTIC AMENITIES CAR STORAGE: Floors Car Type Steam Refrigerator [] None [] Fireplace(s)# 1 FP [] None [] Walls Fuel Oil Range/Oven [] Stairs [] Patio NA [] Garage # of cars Trim/Finish Wood Disposal [] Drop Stair [] Deck NA [] Attached NA Bath Floor Vinyl COOLING Dishwasher [] Scuttle [] Porch NA [] Detached 2 Car Bath Wainscot Ceramic Tile Central 2nd Floor Fan/Hood [] Floor [] Fence NA [] Built-In NA Doors Wood Other Wall Microwave [] Heated [] Pool NA [] Carport NA Av( Finished Macadam IAdditional features (special energy efficient items, etc.): Dwelling appears to be well maintained with good housekeeping. iCondition of the improvements, depreciation (physical, functional, and external), repairs needed, quality of construction, remodeling/additions, etc.: Subject is a traditional style two story dwelling in average condition with a two car detached garage. Physical: Depreciation due to age and condition. Functional: None External: No adverse Iocational features noted. Adverse environmental conditions (such as, but not limited to, hazardous wastes, toxic substances, etc.) present in the improvements, on the site, or in the immediate vicinity of the subject property.: None Known - appraiser is not qualified to detect such substances. If the house is sold, termite and radon certifications are suggested. Houses built before 1978 may contain lead base paint. Freddie Mac Form 70 6/93 PAGE 1 OF 2 Fannie Mae Form 1004 6/93 Summary Report UNI 1M RESIDENTIAL APPRAISAL REPORT FileNo. 3-0219 R-1 ESTIMATED SiTE VALUE .............................................. ~_ $ 50,000 Comments on Cost Approach (sue. , source bf cost estimate, site value, ESTIMATED REPRODUCTION COST-NEW-OF IMPROVEMENTS: square foot calculation and for HUD, VA and FmHA, the estimated remaining Dwelling 1,884 Sq. Ft. @$ 90.00 = $ 169,560 conomic life of the property): 847 Sq. Ft. @$ 15.00 = 12,705 -- = Source of Costs: Marshall Valuation Service and Local 420 Sq. Ft. @$ 12.00 = 5,040 ;ontractors. Total Estimated Cost New = $ 187,305 __ Less Physical Functional External Estimated rema n ng economic life of the dwelling is Depreciation 36,2441 I :$ 36,244 50 years. Depreciated Value of Improvements ................................. =$ 151,061 · As-is" Value of Site Improvements ................................... =$ 8,000 INDICATED VALUE BY COST APPROACH ............................. $ 209,061 ITEM I SUBJECT COMPARABLE NO. 1 COMPARABLE NO. 2 COMPARABLE NO. 3 218 S 24th St 251 N. 27th St. 1604 Walnut St. 2600 Yale Ave. Hill ;amp Hill Camp Hill Camp Hill 1.52 miles 0.69 miles 0.02 miles $ NA 15 210,000 $ 206,000 I$ 189,900 $ m 100.00 mi $ 97.77 ~ $ 94.48 Data and/or Inspection CPML, Courthouse, Realtor CPML, Courthouse, Realtor CPML, Courthouse, Realtor NA NA NA NA VALUE ADJUSTMENTS DESCRIPTION DESCRIPTION +(-)$ Adjust. DESCRIPTION +(-)$ Adjust. DESCRIPTION +(-)$ Adjust. Sales or Financing Conventional Conventional Conventional None Known Sellers Help -6,000 None Known 11/11/02 DOM 3 10/110/02 DOM 3 9/26/02 DOM 25 ;uburban Suburban Sub/Inferior +10,000 Suburban Fee Simple Fee Simple Fee Simple Fee Simple .23 Acres .17 Acres ', .23 Acres .17 Acres Avg Equal :q,,~l Equal Traditional Traditional ;ape Cod Traditional Avg Avg Avg Avg 73 50+/- ~ 83 , 63 Avg Equal , Equal , Equal , Grade Total iBdrmsi Baths Total iBdrmsl Baths i Total iBdrms! Baths i total iBdrmsi Baths Room Count 7 : 3 i 1 7 , 3 : 1.5 ; -1,500 9 i 4 i 2 i -2,500 7 : 4 i 1.5 i -1,500 1,884 Sq. Ft. 2,100 Sq. Ft. i -4,300 2,107 Sq. Ft.; -4,440 2,010 Sq. Ft. -2,500 Basement & Finished Full Part Finish Full Part Finish ; Full Unfinished Full Unfinished RPJPR/Storage GRM/ShplStora,(]ei +1,000 Storage +2,500 Storage i +2,500 Avg Avg Avg Avg OilStm/CANVall GFHNCA : -1,000 GFHNCA -1,000 GFHA/CA ; -1,000 Insulation Insulation : Insulation Insulation 2 Car Detached NA : +4,000 2 Car Detached 1 Car Detached +2,000 Porch, Patio, Deck, NA Deck/Patio ; -1,000 Deck/Porch -1.000 Deck/Porch -1,000 1 FP 2 FP ', -2,500 1 FP FP NA NA ', Wood NA NA NA ', NA NA r~ + [~ - i$ 5,300 ~-~ + [~ - i$ 2,440 r-~ + [~ - !$ 1,500 Adjusted Sales Price $ 204,70¢ $ 203,560 $ 188,400 on Sales Comparison (including the subject property's compatibility to the neighborhood, etc.): Sales used were all reasonably similar style in the same neighborhood and subject to reasonably similar amenities. Adjustments were based on market extraction and/or merit. The indicated value range on the above grid extends from $188,400 to $204,700. The indicated market value is estimated to be less ~r end of the value range and at $195 000. COMPARABLE NO. 1 ~ COMPARABLE NO. 2 I COMPARABLE NO. 3 ITEM SUBJECT Date, Price and Data Not Applicable ~ Not App icable I Not Applicable [ Not Applicable Source, for prior sales Analysis of any current agreement of sale, option, or listing of subject property and analysis of any prior sales of subject and comparables within one year of the date of appraisal: ~s an owner occupied dwe in,q with a bNo car detached garage. No prior sales within one year. Should property be sold, a INDICATED VALUE BY SALES COMPARISOfl APPROACH .................................................................................................. $ 195,000 INDICATED V~LU~_ t~Y INCOME APPROACH (if Applicable} Estimated Market Rent $ NA /Mo. x Gross Rent Multiplier NA = $ This appraisal is made [] "as is" [] subject to the repairs, alterations, inspections or conditions listed below [] subject to completion per plans & specifications. Conditions of Appraisal: If property is sold, subject to a satisfactory termite certification with appraised value based on clear test results. Radon certificat on s suggested. Insufficient market data was available to process the income Approach. The Cost Approach is considered and used as a ci~eck for this appraisal and typically sets the upper limit of value. The Sales Comparison Approach is deemed most reliable and given greatest Dennis L. Stover, my assistant, participated in the preparation of this report. The purpose of this appraisal is to estimate the market value of the real property that is the subject of this report, based on the above conditions and the certification, contingent and limiting conditions, and market value definition that are stated in the attached Freddie Mac Form 439/FNMA form 10048 (Revised 6-93 I ONE) ESTIMATE THE MARKET VALUE, AS DERNED, OF THE REAL PROPERTY THAT IS THE SUBJECT~F THIS REPORT, AS OF 12-27-02 . ONHiCH iS THE [ ~ =~ OF iNSPECTiON AND THE EFFECTIVE DATE OF THiS REPORT) TO BE [~.1$ 195,000 APPR~ ISER' / \ "'"'---'-~:-----_~ SUPERVISORNTJi~P. RAISER (ONLY IF~EQUII~'///. ~.L,~ [] Did Not Siqnat;re '~' ~ )' ~ Siqnatur, ~L~,(,~'~ ~_ ~,. ~ '~ [] Did Name Dennis ~ Stover, Assistant to the Appraiser Name George C. Cla0der, SPA -- Inspect Property Date Report Siqned 2-26-03 Date Report Siqned 2-26-03 State Certification # State State Certification # General Appraiser GA:OOO233L State PA Or State License # State Or State License # State Freddie Mac Form 70 6/93 PAGE 2 OF 2 Fannie Mae Form 1004 6-93 Form UA2 -- "TOTAL for Windows" appraisal software by a la mode, inc. -- 1-800-ALAMODE APPRAISER'S CERTIFICATION: The Appraiser certifies and agrees that: 1. I have researched the subject market area and have selected a minimum of three recent sales of properties most similar and proximate to the subject property for consideration in the sales comparison analysis and have made a dollar adjustment when appropriate to reflect the market reaction to those items of significant variation. If a significant item in a comparable property is superior to, or more favorable than, the subject property, I have made a negative adjustment to reduce the adjusted sales price of the comparable and, if a significant item in a comparable property is inferior to, or less favorable than the subject property, I have made a positive adjustment to increase the adjusted sales price of the comparable. 2. I have taken into consideration the factors that have an impact on value in my development of the estimate of market value in the appraisal report. I have not knowingly withheld any significant information from the appraisal report and [ believe, to the best of my knowledge, that all statements and information in the appraisal report are true and correct. 3. I stated in the appraisal report only my own personal, unbiased, and professional analysis, opinions, and conclusions, which are subject only to the contingent and limiting conditions specified in this form. 4. I have no present or prospective interest in the property that is the subject to this report, and I have no present or prospective personal interest or bias with respect to the participants in the transaction. I did not base, either partially or completely, my analysis and/or the estimate of market value in the appraisal report on the race, color, religion, sex, handicap, familial status, or national odgin of either the prospective owners or occupants of the subject prope~ or of the present owners or occupants of the properties in the vicinity of the subject property. 5. I have no present or contemplated future interest in the subject property, and neither my current or future employment nor my compensation for performing this appraisal is contingent on the appraised value of the property. 6. I was not required to report a predetermined value or direction in value that favors the cause of the client or any related party, the amount of the value estimate, the attainment of a specific result, or the occurrence of a subsequent event in order to receive my compensation and/or employment for performing the appraisal. I did not base the appraisal report on a requested minimum valuation, a specific valuation, or the need to approve a specific mortgage loan. 7. I performed this appraisal in conformity with the Uniform Standards of Professional Appraisal Practice that were adopted and promulgated by the Appraisal Standards Board of 'rhe Appraisal Foundation and that were in place as of the effective date of this appraisal, with the exception of the departure provision of those Standards, which does not apply. I acknowledge that an estimate of a reasonable time for exposure in the open market is a condition in the definition of market value and the estimate I developed is consistent with the marketing time noted in the neighborhood section of this report, unless I have otherwise stated in the reconciliation section. 8. I have personally inspected the interior and exterior areas of the subject pr'operty and the exterior of all properties listed as comparables in the appraisal report. I further certify that I have noted any apparent or known adverse conditions in the subject improvements, on the subject site, or on any site within the immediate vicinity of the subject property of which I am aware and have made adjustments for these adverse conditions in my analysis of the property value to the extent that I had market evidence to support them. I have also commented about the effect of the adverse conditions on the marketability of the subject property. 9. I personally prepared all conclusions and opinions about the real estate that were set forth in the appraisal report. If I relied on significant professional assistance from any individual or individuals in the performance of the appraisal or the preparation of the appraisal report, I have named such individual(s) and disclosed the specific tasks performed by them in the reconciliation section of this appraisal report. I certify that any individual so named is qualified to perform the tasks I have not authorized anyone to make a change to any item in the report; therefore, if an unauthorized change is made to the appraisal report, I will take no responsibility for it. SUPERVISORY APPRAISER'S CERTIFICATION: if a supervisory appraiser signed the appraisal report, he or she certifies and agrees that: I directly supervise the appraiser who prepared the appraisal report, have reviewed the appraisal report, agree with the statements and conclusions of the appraiser, agree to be bound by the appraiser's certifications numbered 4 through 7 above, and am taking full responsibility for the appraisal and the appraisal report~ ADDRESS OF PROPERTY APPRAISED: 218 S 24th St, Camp Hill, PA 17011-5305 APPRAISER: ~ ~ SUPERVIS~..,~RY APPRAIS~R~.~" requ,red): Name: Dennis L. Stover, Assistant to the-"~iser Name: George ~;. Claus~ SRA Date Signed: 2-26-03 Date Signed: 2-26-03 State Certification #: State Certification #: General Appraiser GA: 000233-L or State License #: or State License #: State: State: PA Expiration Date of Certification or License: Expiration Date of Certification or License: 06/30/2003 [] Did [] Did Not Inspect Property Freddie Mac Form 439 6-93 Page 2 of 2 Fannie Mae Form 1004B 6-93 DEFINITION OF MARKET VALUE: The most probable price which a property should bring in a competitive and open market under all conditions requisite to a fair sale, the buyer and seller, each acting prudently, knowledgeably and assuming the price is not affected by undue stimulus, Implicit in this definition is the consummation of a sale as of a specified date and the passing of tiite from seller to buyer under conditions whereby: (1) buyer and seller are typically motivated; (2) both parties are well informed or well advised, and each acting in what he considera his own best interest; (3) a reasonable time is allowed for exposure in the open market; (4) payment is made in terms of cash in U.S. dollare or in terms of financial arrangements comparable thereto; and (5) the price represents the normal consideration for the property sold unaffected by special or creative financing or sales concessions* granted by anyone associated with the sale. * Adjustments to the comparables must be made for special or creative financing or sales concessions. No adjustments are necessary for those costs which are normally paid by sellers as a result of tradition or law in a market area; these costs are readily identifiable since the seller pays these costs in virtually all sales transactions. Special or creative financing adjustments can be made to the comparable property by comparisons to financing terms offered by a third party institutional lender that is not already involved in the property or transaction. Any adjustment should not be calculated on a mechanical dollar for dollar cost of the financing or concession but the dollar amount of any adjustment should approximate the market's reaction to the financing or concessions based on the appraiser's judgement. STATEMENT OF LIMITING CONDITIONS AND APPRAISER'S CERTIFICATION CONTIN6ENT AND LIMITING CONDITIONS: The appraiser's certification that appears in the appraisal report is subject to the following conditions: 1, The appraiser will not be responsible for matters of a legal nature that affect either the property being appraised or the title to it. The appraiser assumes that the title is good and marketable and, therefore, will not render any opinions about the title. The property is appraised on the basis of it being under responsible ownership.. 2 The appraiser has provided a sketch in the appraisal report to show approximate dimensions of the improvements and the sketch is included only to assist the reader of the report in visualizing the property and understanding the appraiser's determination of its size. 3. The appraiser has examined the available flood maps that are provided by the Federal Emergency Management Agency (or other data sources) and has noted in the appraisal report whether the subject site is located in an identified Special Flood Hazard Area. Because the appraiser is not a surveyor, he or she makes no guarantees, express or implied, regarding this determination. 4. The appraiser will not give testimony or appear in court because he or she made an appraisal of the property in question, unless specific arrangements to do so have been made beforehand. 5. The appraiser has estimated the value of the land in the cost approach at its highest and best use and the improvements at their contributory vatue. These separate valuations of the land and improvements must not be used in conjunction with any other appraisal and are invalid if they are sa used. 6. The appraiser has noted in the appraisal report any adverse conditions (such as, needed repairs, depreciation, the presence of hazardous wastes, toxic substances, etc.) observed during the inspection of the subject property or that he or she became aware of during the normal research involved in performing the appraisal. Unless otherwise stated in the appraisal report, the appraiser has no knowledge of any hidden or unapparent conditions of the property or adverse environmental conditions (including the presence of hazardous wastes, toxic substances, etc.) that would make the property more or less valuable, and has assumed that there are no such conditions and makes no guarantees or warranties, express or implied, regarding the condition of the property, The appraiser will not be responsible for any such conditions that do exist or for any engineering or testing that might be required to discover whether such conditions exist. Because the appraiser is not an expert in the field of environmental hazards, the appraisal report must not be considered as an environmental assessment of the property. 7. The appraiser obtained the information, estimates, and opinions that were expressed in the appraisal report from sources that he or she considers to be reliable and believes them to be true and correct. The appraiser does nat assume responsibility for the accuracy of such items that were furnished by other parties. 8. The appraiser will not disclose the contents of the appraisal report except as provided for in the Uniform Standards of Professional Appraisal Practice. 9. The appraiser has based his or her appraisal report and valuation conclusion for an appraisal that is subject to satisfactory completion, repairs, or alterations on the assumption that completion of the improvements will be performed in a workmanlike manner. 10. The appraiser must provide his or her prior written consent before the lender/client specified in the appraisal report can disthbute the appraisal report (including conclusions about the property value, the appraiser's identity and professional designations, and references to any professional appraisal organizations or the firm with which the appraiser is associated) to anyone other than the borrower; the mortgagee or its successors and assigns; the mortgage insurer; consultants; professional appraisal organizations; any state or federally approved financial institution; or any department, agency, or instrumentality of the United States or any state or the District of Columbia; except that the lender/client may distribute the property description sectibn of the report only to data collection or reporting service(s) without having to obtain the appraiser's prior written consent. The appraiser's written consent and approval must also be obtained before the appraisal can be conveyed by anyone to the public through advertising, public relations, news, sales, or other media. Freddie Mac Form 439 6-93 Page 1 of 2 Fannie Mae Form 1004B 6-93 SUPPLEMENTAL ADDENDUM FileNo. 3-0219 R-1 Pr0pe~/Address 218 S 24th St City Camp Hill County Cumberland State PA Zip Code 17011-5305 Lender McNees Wallace & Nurick~ LLC SPECIAL CONDITIONS ADDENDUM The following checked items are specific special conditions that were identified by the appraiser during the inspection of the subject property, the incomparable sales, and their neighborhoods and locations. __ 1. The subject is located in a rural area and is less than 25% built-up. The condition is typical and common for the area and DOES NOT affect the market value. X 2. Commercial uses are located within the subject's neighborhood. These uses are typical of similar neighborhoods and DO NOT affect the market value. X 3. Industrial uses are located within the subject's neighborhood. The presence of industrial uses, is typical for the neighborhood and DOES NOT affect the market value. X 4. Vacant and underdeveloped land uses are located within the subject's neighborhood. These uses are typical for the area and DO NOT affect the market value. __ 5. The predominant value in the neighborhood is less than that of the market value of the subject property. This condition is due to the superior qualities of the subject property as described in this report. This condition DOES NOT affect the market value. __ 6. The subject property is located in a F. I. A. Identified Flood Zone. __ 7. Dampness is noted in the basement of the subject. Standing or running water was not present on basement floor. X 8. The subject is older than five(5) years old. All mechanical systems including the heating, electrical and plumbing system appears upon a visual exterior inspection to be in working order. No warranties are implied in this statement. __ 9. The electrical system was not connected during inspection. __ 10. The water service was not connected during inspection. __ 11. The heating system was shut down during inspection. __ 12. Well and septic are common to the area. __ 13. Repair items were noted in the comments section of the report. These comments on repair items are for descriptive purposes only and are not required repairs. The repair items are cosmetic in nature and DO NOT affect the market value. __ 14. Subject is new construction and was 90% completed on date of inspection. Compliance and completion inspections suggested prior to settlement. X 15. Should property be sold, termite and radon certifications are suggested, with appraised value based on clear results. __ 16. The land value exceeds 30% of total value due fo the high demand for vacant land in this neighborhood. This condition is considered common and typical for the neighborhood and DOES NOT affect the market value. __ 17. The land value exceeds 30% of total value. This is due to the large size of the site. this condition is considered to be typical and common and DOES NOT affect there market value. __ 18. Individual adjustments were required that exceed 10%. These adjustments were required due to the lack of more similar comparables on that individual rating. All three comparables are the BEST AVAILABLE. __ 19. Total adjustments exceed 15%. This is due to the lack of comparables on that individual rating. All three comparables are the BEST AVAILABLE. __ 20. One or more comparable sales are older than six(6) months old. Although there are comparable properties in the subject area, none have sold recently, therefore, sales in excess of six (6) months old had to be used. __ 21. One or more of the comparables used were in excess of one(1 ) mile from the subject property. Although there are comparables in the immediate area, none have sold recently. Therefore, it was necessary to use comparable sales outside of the immediate area. All comparables used are located in similar neighborhoods and within the same marketing area. All three comparables used were the BEST AVAILABLE. __ 22. Roofing certification is suggested. __ 23. Plumbing certification is suggested. __ 24. Electrical certification is suggested. __ 25. Heating certification is suggested. __ 26. Flood Hazard Insurance is suggested. __ 27. Seller is paying part or all of closing cost. This DOES NOT affect the market value. X 28. All comparable sales are closed sales. X 29. The subject property has not transferred in the past 12 months. X 30. This appraisal is a Summary Report with complete data retained in appraisal file. SUPPLEMENTAL ADDENDUM File No 3-0219 R-1 Property Address 218 S 24th St City Camp Hill County Cumberland State PA Zip Code 17011-5305 Lender McNees Wallace & Nurick~ LLC PURPOSE AND FUNCTION OF APPRAISAL The purpose of the appraisal is to estimate the market value of the subject property as defined herein. The function of the appraisal is to assist the above named Client in evaluating the subiect property to establish a value for estate purposes. EXTENT OF APPRAISAL PROCESS OR SCOPE OF THE APPRAJSAL The appraisal is based on the information gathered by the appraiser from public records, other identified sources, inspection of the subject property and neighborhood, and selection of comparable sales within the subject market area. The original source of the comparables is shown in the Data source section of the market grid, along with the source of confirmation, if available. The original source is presented first. The sources and data are considered reliable. When conflicting information was provided, the source deemed most reliable has been used. Data believed to be unreliable was not included in the report, nor used as a basis for the valuation conclusion. Location Map Borrower/Client The Estate of Donald U. Prope~ Address 218 S 24th St Ci~ Camp Hill County Cumberland State PA Zip Code 17011-5305 Lender McNees Wa ace & Nurck, LLC Comparable Photo Page Borrower/Client The Estate of Donald ,U. ..ger I Property Address 218 S 24th St I City Camp Hill Count,/ Cumberland State PA Zip Code 17011-5305 Lender McNees Wa ace & Nurck~ LLC Comparable 1 251 N. 27th St. Prox. to Subiect 0.52 miles Sale Price 210,000 Gross Living Area 2.100 Total Rooms 7 Total Bedrooms 3 Total Bathrooms 1.5 Location Suburban View Equal Site .17 Acres Duality Avg Age 50+/- Comparable 2 Address 1604 Walnut St. Prox. to Subject 0.69 miles Sale Price 206,000 Gross Living Area 2,107 Total Rooms 9 Total Bedrooms 4 Total Bathrooms 2 Location Sub/Inferior View Equal Site .23 Acres Quality Avg Age 83 Comparable 3 Yale Ave. Address 2600 Prox. to Subject 0.02 miles 189,900 Sale Price Gross LivingArea 2,010 Total Rooms 7 Total Bedrooms 4 Total Bathrooms 1.5 Location Suburban View Equal Site .17 Acres Quality Avg Age 63 Building Sketch (Page - 1) Borrower/Client The Estate of Donald U. Frut ,~er Property Address 218 S 24th St' Cit!/ Camp Hill County Cumberland State PA Zip Code 17011-5305 Lender McNees Wallace & Nurick~ LLC 218 S, 24TH ST, FIRST FLOOR SECOND FLOOR BASEMENT 30.6' 28.6' 28.6' 10'0~ DINING KITCHEN ROOM ROOM I ~ [~ ~ BED BED STORAGE REC ROOM ROOM ROOM LIVtNG ROOM 28.6' 28.6' 28,6' NOT EXACT AND NOT TO SCALE Comments: AREA CALCULATIONS SUMMARY LIVING AREA BREAKDOWN Code Description Size Net Totals Breakdown Subtotals GLA1 First Floor 1037.76 1037.76 First Floor GLA2 Second Floor 846.56 846.66 6.6 x 30.6 171.36 BSMT Basement 846.56 846.56 24.0 x 28.6 686.40 10.0 x 18.0 180.00 Second Floor 28.6 x 29.6 8%6.56 TOTAL LIVABLE (rounded) 1884 4 Calculations Total (rounded) 1884 Subject Photo Page Borrower/Client The Estate of Donald U. r,utiger I Property Address 218 S 24th St City Camp Hill County Cumberland State PA Zip Code 17011-5305 Lender McNees Wallace & Nurick, LLC Subject Front 218 S 24th St Sales Price NA Gross Living Area 1,884 Total Rooms 7 Total Bedrooms 3 Total Bathrooms 1 Location Suburban View Avg Site ,23 Acres Quality Avg Age 73 Subject Rear Subject Street DEED ;30 ~o -,~ This Deed is made the q~ day of~, 2000, BETWEEN DONALD FRUTIGER and JOHANNA FRUTIGER, husband and wife ("Grantor"), AND DONALD FRUTIGER, an adult individual ("Grantee"): WITNESSETH That the Grantor, in consideration of ONE DOLLAR ($1.00), paid by the Grantee to the Grantor, the receipt xvhereof is hereby acknowledged, does hereby grant and convey to the Grantee: ALL THAT CERTAIN lot or piece of land situate in the Borough of Camp Hill, County of Cumberland and Commonwealth of Pennsylvania, bounded and described as follows, to wit: BEGINNING at a point on the northwest comer of South Twen[y-Fourth Street and Harvard Avenue; thence in a westwardly direction along the north side of Harvard Avenue, 135 feet to Lot No. 82 on Plan of Lots hereinafter mentioned; thence northwardly along the east side of Lot No. 82, 75 feet to a point; thence eastwardly along the southe.':p., boundary of Lot No. 83, ! 35 feet to the west side of South Twenty-Fourth Street; thence southwardly along the west side of South Twenty-Fourth Street, 75 feet to the place of BEGINNING. CONTAINING 75 feet in front and extending back an even width 135 feet and BEING Lot No. 84 on a Plan of Lots known as Chartiers Place. SAID Plan being recorded in the Recorder's Office at Carlisle, Pennsylvania, in Plan Book 2, Page 69. HAVING thereon erected a two story frame dwelling house, No. 218 South Twenty-Fourth Street, Camp Hill, and frame garage. BEING the same premises which Johi1 W. Harper and Emilie G. Harper by their Deed dated April 25, 1960 and recorded in the Cumberland County Recorder of Deeds Office in Deed Book U, Volume 19, Page 19, granted and conveyed unto Donald Frutiger and Johanna Frutiger, the Grantor herein. UNDER .AND SUBJECT, nevertheless, to all easements, restrictions, encumbrances and other matters of record or that a physical inspection or survey of the premises would reveal. THIS IS A CONVEYANCE FROM HUSBAND AND WIFE TO HUSBAND AND IS THEREFORE EXEMPT FROM THE PAYMENT OF REALTY TRANSFER TAXES. Grantor hereby covenants and agees that Grantor will warrant SPECIALLY the property hereby conveyed. IN WITNESS k~-IEREOF, the Gr~mntor has hereunto set hand and seal, the day and year first written above. (SEAL) Donald Frutiger :.Jbha~a Frutiger COMMON~VEALTH OF PEN-NSYLVAxN-IA · ,- ';. ' SS: COU2q'TY OF /,-?'0 ~. c~9/~----- · On this, the ~Jk day of O'~+2~er, -000,9 before me, the undersized officer, personally appeared DONALD FRUTIGER and JOH~A FRUTIGER, husband and wife, ~own to me (or satisfactorily proven) to be the persons whose names are subscribed to the within instrument, and aclmowledged that they executed the same for the pu~ose therein contained. ~ WITNESS WHEREOF, I have hereunto set my hand and seal. ,<3 /" Ndta~ Public (SEAL) My Commission Expires: NOTARIAL SEAL ANNE E. MARCHAND, Notary Public Harrisburg, PA Dauphin County My Commission Expires Dec. 2, 2000 CERTIFICATION OF ADDRESS I hereby certify that the precise residence of the Grantee herein is asfo(l_kzw 218 South 24th Street Camp Hill, PA 17011 f~~/~, .,. , ,/ Aljttorney or Agent for Grantee / COMMONWEALTH OF PENNSYLVANIA · · SS' COLSNTY OF CLLMBERLANT) · RECORDED in the Office for the Recorder of Deeds in and for said County in Deed Book , Page WITNESS my hand and official seal this day of ,2000. Recorder of Deeds EXHIBIT C NUMBER SMITH BARNEY_ CltlgroupT ~ U Frutiger [ 218 So 24th Street /I As of 12/31/2002 Prepared by FLORENCE R. CLIFFORD 717-780-1700 Acct No. 724-01951-10 MARKET VALUE % OF ASSETS** BANK DEPOSITS 15,923.97 7.99 STOCKS 4,099.50 2.06 PREFERRED STOCKS 49,270.00 24.73 FIXED INCOME 119,611.66 60.03 CD'S 10,339.60 5.19 TOTAL ACCOUNT VALUE 199,244.73 100.00% ** % of.assets reflects account balances as a percentage of long position & cash rounded to the nearest hundredth. As a result the total may not equal 100%. The above summary/prices/quotes/statistics have been obtained from sources believed reliable but are not necessarily complete and cannot be guaranteed. The information contained in monthly account statements and confu'mations reflects all transactions processed by Smith Barney, and as such supersedes all other reports for financial and tax purposes. Smith Barney is a division and service mark of Salomon Smith Barney Inc. Page 1 Cltll:]roupT 218 So 24th Street Holdings Camp Hill PA 17011-5305 As of 12/31/2002 Prepared by FLORENCE R. CLIFFORD 717-780-1700 Aect No. 724-01951-10 Research Quantity Sym/CUSIP Description Rating Price Market Value 15,923.97 #BDP BANK DEPOSIT PROGRAM 1.000 15,923.97 / 150.00 AEP -/ AMERICAN ELECTRIC POWER CO I'NC 2S3 27.330 4,099.50 1,000.00 DQC DUQUESNE LIGHT CO 6.7% 28.230 28,230.00 400.00 RGE ~ ROCHESTER GAS & ELEC CORP 26.900 10,760.00 400.00 KVZ /VERIZON NEW ENGLAND INC 7.00% 25.700 10,280.00 10,000.00 HI.PW HOUSEHOLD FIN CORP INTER_NOTES 101.654 10,165.40 Coupon 6% Mature 02/15/07 Accrued Int. $26.66 10,000.00 06035ANM10R0 BANK & TRUST OF PUERTO RICO 103.396 10,339.60 Coupon 6% Mature 03/06/11 Accrued Int. $200.55 5,000.00 7087922F20B0 PENNSYLVANIA HSG FIN AGY SER 104.661 5,233.05 Coupon 4.55% Mature 10/01/11 Accrued Int. $56.87 35,000.00 717817GC80B0 PHILADELPHIA PA ARPT REV 106.321 37,212.35 Coupon 5.375% Mature 06/15/15 Accrued Int. $83.61 50,000.00 717893BK60B0 PHILADELPHIA PENN WTR&WSTEWTR 101.201 50,600.50 Coupon 5% Mature 06/15/16 Accrued Int. $111.11 10,000.00 GE.VJ CouponGENERAL6% ELECTRICMature 11/28/16CAP C~~/ ////02 ~'/~..~ 100.187 10,018.70 Accrued Int. $5.00 6,000.00 C.GCR SALOMON SMITH BARNEY HLD 106.361 6,381.66 Coupon 6.75% Mature 01/18/17 Accrued Int. $14.62 TOTAL ACCOUNT VALUE 199,244.73 The above summary/prices/quotes/statistics have been obtained from sources believed reliable but are not necessarily complete and cannot be guaranteed. The information contained in monthly account statements and confirmations reflects all transactions processed by Smith Barney, and as such supersedes all other reports for financial and tax purposes. Smith Barney is a division and service mark of Salomon Smith Barney Inc. Page 2 SMITH BARNEY_ c t cJroup-3- Research ratings of Smith Barney may be shown for certain secnrities. All research ratings represent the 'opinions' of the provider and shonld not he ¢onstrned as representations or gnarantees of performance. Yonr Financial Consnltant will be pleased to provide yon with further infomation or assistance in interpreting research ratings. Key to Smith Barney Research Rating System Major Markets Stock Ratings Stock Risk Industry Ratings Stock ratings are relative to Risk rating should take into account the norms in each global region. Analysts will rate their industry relative to the primary the analyst's (or analysts') market index appropriate to that global region (such as the industry coverage universe S&P 500 in the U.S.) over the next 12-18 months. over the coming 12-18 Code Rating Definitions months. Target prices reflect L Low High predictability of financial results and low Code Rating Definitions these ratings, volatility 1 Overweight Expect industry to perform better than Code Rating M Medium Moderate predictability of financial results and the primmy index for the region I Outperform moderate volatility 2 Marketweight Expect industry to perform 2 In-line H High Low predictability of financial results and high approximately in line with the primary volatility index for the region 3 Underperform S Speculative Exceptionally low financial predictability, highest 3 Underweight Expect industry to perform worse than risk and volatility, the primary index for the region Emerging Markets Stock Ratings Stock Risk Stock ratings are relative to Risk rating should take into account the norms in each global region. the primary market index Code Rating Definitions over the coming 12-18 months. L Low High predictability of financial results and low volatility Code Rating M Medium Moderate predictability of financial results and I Outperform moderate volatility H High Low predictability of financial results and high 2 In-line volatility 3 Underpefform S Speculative Exceptionally iow financial predictability, highest risk and volatility. Closed End Investment Companies CEF Ratings CEF Risk Fund Ratings are relative to Risk ratings should take into account the norms in each global region. ! its peer group and/or take into consideration the Code Rating Definitions stability of the fund's L Low Fund invests in high quality, liquid securities with dividend where applicable, little to no financial leverage or foreign currency Code Rating exposure. I Outperform M Medium Overall, the fund invests in moderate to high quality, liquid securities with reasonable financial 2 In-line leverage and provides primarily United States 3 Underperform Dollar currency exposure. H High Fund may invest in low quality, less liquid securities, have exposure to foreign currencies and above average degrees of financial leverage. S Speculative Fund invests in iow grade, illiquid and highly volatile securities and currencies and may also use high degrees of financial leverage. The above summary/prices/quotes/statistics have been obtained from sources believed reliable but are not necessarily complete and cannot be guaranteed. The information contained in monthly account statements and confirmations reflects all transactions processed by Smith Barney, and as such supersedes all other reports for financial and tax purposes. Smith Barney is a division and service mark of Salomon Smith Barney Inc. Page 3 SMITH BARNEY._ Do=Id U Frutiger cltlgroopT 218 So 24th Street Camp Hill PA 17011-5305 Holdings by Asset Class As of 12/31/2002 Prepared by FLORENCE R. CLIFFORD 717-780-1700 Acct No. 724-01951-10 Cash 7.99% Growth 2.06% Income 89.95% Long Positions and Cash The above summary/prices/quotes/statistics have been obtained from sources believed reliable but are not necessarily complete and cannot be guaranteed. The information contained in momhly account statements and confirmations reflects all transactions processed by Smith Bamcy, and as such supersedes all other reports for financial and tax purposes. Smith Barney is a division and service mark of Salomon Smith Barney Inc. Page 4 NUMBER Savings Bond Calculator Page 1 of 2 Savinc 112/2002 ! U~i] [ ~i~--j Series Denomination Serial Number Issue Date lEE Bonds SpO,O00 i i I # Bonds Total Price Total Interest Total Value YTD Iw 21 $67,525.00 $86,056.16 $153,581.16 $6,742 Issue Interest Next Final Serial Number Issue Date Series Denom Price Interest Value Rate Accrual Maturit~ 06/1993 EE $10,000 $5,000.00 $2,908.00 $7,908.00 3.09% 06/2003 06/202.' 10/1992 EE 50 25.00 20.16 45.16 6.00% 04/2003 10/202'. 11/1992 EE 5,000 2,500.00 2,016.00 4,516.00 6.00% 05/2003 11/202`' 12/1991 EE 5,000 2,500.00 2,292.00 4,792.00 6.00% 06/2003 12/2021 12/1991 EE 5,000 2,500.00 2,292.00 4,792.00 6.00% 06/2003 12/2021 11/1992 EE 5,000 2,500.00 2,016.00 4,516.00 6.00% 05/2003 11/202,' 12/1991 EE 5,000 2,500.00 2,292.00 4,792.00 6.00% 06/2003 12/2021 12/1991 EE 5,000 2,500.00 2,292.00 4,792.00 6.00% 06/2003 12/2021 12/1991 EE 5,000 2,500.00 2,292.00 4,792.00 6.00% 06/2003 12/2021 12/1987 EE 5,000 2,500.00 3,224.00 5,724.00 4.00% 06/2003 12/201~ 12/1991 EE 5,000 2,500.00 2,292.00 4,792.00 6.00% 06/2003 12/2021 12/1991 EE 5,000 2,500.00 2,292.00 4,792.00 6.00% 06/2003 12/2021 09/1987 EE 5,000 2,500.00 3,250.00 5,750.00 3.78% 03/2003 09/201~ 09/1987 EE 5,000 2,500.00 3,250.00 5,750.00 3.78% 03/2003 09/201~ 12/1987 EE 5,000 2,500.00 3,224.00 5,724.00 4.00% 06/2003 12/201: 10/1985 EE 10,000 5,000.00 8,784.00 13,784.00 4.00% 04/2003 10/2011 08/1986 EE 10,000 5,000.00 8,248.00 13,248.00 4.00% 02/2003 08/201¢ 05/1987 EE 10,000 5,000.00 6,720.00 11,720.00 4.00% 05/2003 05/201~ 12/1985 EE 10,000 5,000.00 8,784.00 13,784.00 4.00% 06/2003 12/2011 09/1985 EE 10,000 5,000.00 8,784.00 13,784.00 4.00% 03/2003 09/201: 10/1985 EE 10,000 5,000.00 8,784.00 13,784.00 4.00% 04/2003 10/201~ ~~ J Viewing Bonds 1-21 Note Description NI Not Issued NE Not Eligible for Payment P5 Includes 3-month interest penalty ME Matured (Exchangeable for HH) http://wwws.publicdebt.treas.gov/BC/SBCPrice 6/5/2003 i: : 218 S 24TH SiT CAMP HILL OR JOHANNA _: C "v; o~002 / mlOOOOqOOO ?mi08 DONALO Lt FRUTIGER.'}./ 218, S 24. TH ST' ',DODO qOOO ?[108 ~OOO: : " ' SERIES ; [ . FROM ISSUE DAT£ ' 20,1 ~1:6' : 12 _ · 7~ DONAL O ;::U: F~ :::: :: .,'- T- .-2].8 :$ 2t+TH:' FEB .] ' DEC, 09 199 . .'. , . ., · , · ~ ". ' '- ':~ ::~:: :~,:.~.~ '~- - ~. OOOOqOO0:~!:O8 '2000 2:2~ 25 27,. , : ' 201 16 ~+475 1992 "' :':' k~.':::.:(':: ::: : . ' - ' DONALD U FRUTIGer::]'~: / : , ..... 892322001007 ~ , 3173Z ,:ooooqooo ?,:oa ~OoO :~ ? ~:~'.q ~:,', ?' :3007,,"Oa i )]'O0022a2C;2L,,i', ~. ',ooooqooo?,:oa:~ ~oooO a aa:a5 a 5,,, ' SERIES ., : 12 lgg! DONALD ,U FRL~TI'GE~]:::'~: ,, ~ CAMP HI. k.t :,:: : i?a~'~ ,E~R ......... V22~ ~,0000~000 ~ .0~ ~000 228 2 ~2 DONALD,U FRUTIGE~ m:OOOOqOOO ?m:O8 ~OOO 2 28 2 5 2 2,' In Re: Estate of Donald U. :In the Court of Common Pleas Frutiger, Deceased :Cumberland County, Pennsylvania :Orphans' Court Division :No. 00047 of 2003 DISCLAIMER OF INTEREST IN ACCORDANCE WITH 20 PA C.S.A. §6201, et seq KNOW ALL MEN BY THESE PRESENTS, THAT: 1. Donald U. Frutiger ("Decedent") died on December 27, 2002, leaving a last will and testament which was admitted to probate by the Register of Wills of Cumberland County, Pennsylvania ("Will"). 2. I am the co-owner with the Decedent (my Husband) of those United States Bonds identified in Item 3 below. 3. Pursuant to Section 6201 et seq of the Probate, Estates and Fiduciaries Code, PA C.S.A. 6201-6207, and the common law of the Commonwealth of Pennsylvania, I irrevocably renounce and disclaim the survivorship interest to which I, as the survivor, would succeed by operation of law upon the death of my husband, as the joint tenant of those United States Bonds identified on Exhibit "A" (attached hereto and by reference incorporated herein) ("Bonds"), to which I may be or have become entitled as the registered co-owner thereof. 4. The Disclaimant has not received any benefit from the Bonds. 5. The Disclaimant shall deliver a copy of this Disclaimer to Johanna C. Frutiger as Executrix of the Decedent's Estate, the Clerk of the Cumberland County Court of Common Pleas, Orphans' Court Division, in accordance with 20 PA C.S.A. 6204, and with the Bureau of the Public Debt. 6. I have not received, and am not to receive, any consideration in money or money's worth for such renunciation and disclaimer from any person or persons whose interest is to be accelerated or increased, or from any other person or persons. IN WITNESS WHEREOF, and intending to be legally bound hereby, the undersigned has executed this Disclaimer this __ day of ,2003. Johanna C. Frutiger -2- COMMONWEALTH OF PENNSYLVANIA : : SS: COUNTY OF : On this day of ,2003, before me, a Notary Public, in and for said Commonwealth and County, personally appeared Johanna C. Frutiger, personally known to me to be the person whose name is subscribed in the within instrument and acknowledged that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. Notary Public (SEAL) My Commission Expires: -3- EXHIBIT "A" TO DISCLAIMER/RENUNCIATION OF JOHANNA C. FRUTIGER Interest Serial No. Series Rate Face Amount Issue Date EXHIBIT D W gRoint ® BANK LOOK FOR US. WE'LL GET YOU THERE. 06/20/2003 MCNEES WALLACE & NURCK 100 PINE ST HARRISBURG PA 17108 The information which you requested on the account(s) of DONALD FRUTIGER (Social Security Number 201-16-4475) is/are as follows: Account Number 400011207 461300236 Class of Account CHECKING CERTIFICATE Date Opened 03/14/94 03/14/97 Principal Balance 8632.21 46969.55 Accrued Interest 1584.77 Balance at Date of 8632.21 48554.32 Death Account Ownership JTO SOLE Name of Joint JOHANNA Owner, if any FRUTIGER Date Ownership 03/14/94 Was Established Account Number Class of Account Date Opened Principal Balance Accrued Interest Balance at Date of Death Account Ownership Name of Joint Owner, if any Date Ownership Was Established Additional S;.~,~rely,.;~"~ £ , Information Requested ~~/~~ SENIOR SERV~ICES REP. P.O. Box 171 I. HARRISBURG. PENNSYLVANIA 17105-1711 Toll FrE~ I-E166-WAYPOINT (I-866-9;~9-7646) · IN YORK AREA 717/815-4500 · www. wagpointbank.com EXHIBIT E NUMBER SMITH BARNEY_ '" Donald U Frutiger ) ¢ltlgrOtlp-J- ss}~ IRA Rollover Custodian / Balances ( 218 s. 24th Street ~ Prepared by FLORENCE R. CLIFFORD ~ 717-780-1700 Acct No. 724-65789-13  MARKET VALUE % OF ASSETS** BANK DEPOSITS 4,561.22 3.25 STOCKS 20,190.60 14.38 PREFERRED STOCKS 27,806.00 19.81 FIXED INCOME 30,427.30 21.67 MUTUAL FUNDS 57,407.04 40.89 TOTAL ACCOUNT VALUE (140,392.16/,/ 100.00% ** % of Assets reflects account balances as a percentage of long position & cash rounded to the nearest hundredth. As a result the total may not equal 100%. The above summary/prices/quotes/statistics have been obtained from sources believed reliable but are not necessarily complete and cannot be guaranteed. The information contained in monthly account statements and confirmations reflects all transactions processed by Smith Barney, and as such supersedes all other reports for financial and tax purposes. Smith Barney is a division and service mark of Salomon Smith Barney Inc. Page 1 CltlCjroup-]- SSB IRA Rollover Custodian Holdings 218 S. 24th Street As of 12/31/2002 Camp Hill PA 17011-5305 Prepared by FLORENCE R. CLIFFORD 717-780-1700 Aeet No. 724-65789-13 Research Quantity Sym/CUSlP Description Rating Price Market Value 4,561.22 #BDp BANK DEPOSIT PROGRAM 1.000 4,561.22 4,127.61 AMBXX AIM MONEY MARKET FUND CL B 1.000 4,127.61 724.22 BALBX AMERICAN BALANCED FUND CL B 14.380 10,414.29 828.18 BFABX BOND FUND OF AMERICA CL B 12.700 10,517.89 680.00 KVM CORTS FORIBM TR CTFS 7.00% 26.650 18,122.00 406.74 AICBX INVESTMENT COMPANY OF AMERICA 23.410 9,521.85 360.00 RGE ROCHESTER GAS & ELEC CORP 26.900 9,684.00 381.45 #SBLCB SB LARGE CAP GROWTH CL B 14.290 5,450.92 EST FREE $ A/O 12/30 $5,458 EST CDSC MAX CHARGE $0 150.06 #GROWB SB AGGRESSIVE GROWTH CL B 57.730 8,663.48 EST FREE $ A/O 12/30 $8,636 EST CDSC MAX CHARGE $0 795.52 #APPRB SB APPRECIATION CL B 10.950 8,711.00 EST FREE $ A/O 12/30 $8,695 EST CDSC MAX CHARGE $0 540.00 UGI UGI CORPNEW 2M1 37.390 20,190.60 10,000.00 GMAC.GVY GENERAL MOTORS ACCEPT CORP 100.503 10,050.30 Coupon 5.85% Mature 03/15/07 Accrued Int. $26.00 20,000.00 HI.GAl HOUSEHOLD FIN CORP INTEI~NOTES 101.885 20,377.00 Coupon 7.25% Mature 04/15/12 Accrued Int. $64.44 TOTAL ACCOUNT VALUE 140,392.16 The above summary/prices/quotes/statistics have been obtained from soumes believed reliable but are not necessarily complete and cannot be guaranteed. The information contained in monthly account statements and confirmations reflects all transactions processed by Smith Barney, and as such supersedes all other reports for financial and tax purposes. Smith Barney is a division and service mark of Salomon Smith Barney Inc. Page 2 SMITH BARNEY. c t groupT Research ratings of Smith Barney may be shown for certain securities. All research ratings represent the 'opinions' of the research provider and should not be construed as representations or guarantees of performance. Your Financial Consultant will be pleased to provide you with further infomation or assistance in interpreting research ratings. Key to Smith Barney Research Rating System Major Markets Stock Ratings Stock Risk Industry Ratings Stock ratings are relative to Risk rating should take into account the norms in each global region. Analysts will rate their industry relative to the primary the analyst's (or analysts') market index appropriate to that global region (such as the industry coverage universe S&P 500 in the U.S.) over the next 12-18 months. over the coming 12-18 Code Rating Definitions months. Target prices reflect L Low High predictability of financial results and low Code Rating Definitions these ratings, volatility I Overweight Expect industty to perform better than Code Rating M Medium Moderate predictability of financial results and the primary index for the region 1 Outperform moderate volatility 2 Marketweight Expect industry to perform H High Low predictability of financial results and high approximately in line with the primary 2 In-line volatility index for the region 3 Underperform S Speculative Exceptionally Iow financial predictability, highest 3 Underweight Expect indust~ to perform worse than risk and volatility, the primary index for the region Emerging Markets Stock Ratings Stock Risk Stock ratings are relative to Risk rating should take into account the norms in each global region. the primary market index Code Rating Definitions over the coming 12-18 months. L Low High predictability of financial results and low volatility Code Rating M Medium Moderate predictability of financial results and 1 Outperform moderate volatility H High Low predictability of financial results and high 2 In-line volatility I 3 Underperform S Speculative Exceptionally Iow financial predictability, highest risk and volatility. Closed End Investment Companies CEF Ratings CEF Risk Fund Ratings are relative to Risk ratings should take into account the norms in each global region. its peer group and/or take into consideration the Code Rating Definitions stability of the fund's L LOw Fund invests in high quality, liquid securities with dividend where applicable, little to no financial leverage or foreign currency Code Rating exposure. 1 Outperform M Medium Overall, the fund invests in moderate to high quality, liquid securities with reasonable financial 2 In-line leverage and provides primarily United States 3 Underperform Dollar currency exposure. H High Fund may invest in low quality, less liquid i securities, have exposure to foreign currencies and above average degrees of financial leverage. S Speculative Fund invests in low grade, illiquid and highly volatile securities and currencies and may also use high degrees of financial leverage. The above summary/prices/quotes/statistics have been obtained from sources believed reliable but are not necessarily complete and cannot be guaranteed. The information contained in monthly account statements and confirmations reflects all transactions processed by Smith Barney, and as such supersedes all other reports for financial and tax purposes. Smith Barney is a division and service mark of Salomon Smith Barney Inc. Page 3 SMITH BARNEY_ ... Donald U Frutiger Cltlgroup-F SSB IRA Rollover Custodian 218 S. 24th Street Camp Hill PA 17011-5305 Holdings by Asset Class As of 12/31/2002 Prepared by FLORENCE R. CLIFFORD 717-780-1700 Acct No. 724-65789-13 Cash 3.25% Income 44.42% Growth 52.33% Long Positions and Cash The above summary/prices/quotes/statistics have been obtained from sources believed reliable but are not necessarily complete and cannot be guaranteed. The information contained in monthly account statements and confirmations reflects all transactions processed by Smith Barney, and as such supersedes all other reports for financial and tax purposes. Smith Barney is a division and service mark of Salomon Smith Barney Inc. Page 4 NUMBER SMITH BARNEY_ c t gmupT Balances ( 218 So 24th Street As of 12/31/2002 ~,,x Camp Hill PA 17011-5305 Prepared by FLORENCE R. CLIFFORD 717-780-1700 Acct No. 724-18993-14 MARKET VALUE % OF ASSETS** ANNUITIES 236,457.82 100.00 TOTAL ACCOUNT VALUE 236,457.82 100.00% ** % of Assets reflects account balances as a percentage of long position & cash rounded to the nearest hundredth. As a result the total may not equal 100%. The above summary/prices/quotes/statistics have been obtained from sources believed reliable but are not necessarily complete and cannot be guaranteed. The information contained in monthly account statements and confirmations reflects all transactions processed by Smith Barney, and as such supersedes all other reports for financial and tax purposes. Smith Barney is a division and service mark of Salomon Smith Barney Inc. Page 1 ~..~zvx--111~ ~ ~1__ Donald U Frutiger And CltlgroupT Johanna C Frutiger JTWROS Itoldings 218 So 24th Street As of 12/31/2002 Camp Hill PA 17011-5305 Prepared by FLORENCE R. CLIFFORD 717-780-1700 Acct No. 724-18993-14 Research Quantity Sym/CUSIP Description Rating Price Market Value I0,000.00 442990081000 HARTFORD LIFE INS CO 1.127 11,270.00 AS OF 12/27/2002 15,000.00 880992110000 HARTFORD LIFE ~ IO ~ FI~- ~'~J%c'e~' ~ 1.822 27,332.10 ~ ( AS OF 12/27/2002 i'-D~'~.x.~,~C~ .~ ~ ~____..~~~ 893990275000 AsTRAVELERS LIFE INSURANCEoF 12/27/2002 1.141 39,959.85 893990275000 TRAVELERS LIFE INSURANCE ---' DO Ih/ 1.046 AS OF 12/27/2002 10,000.00 909992083000 TRAVELERS LIFE & ANN-LTITY CO --Do ]~ 1.441 ~;4_1 ~.70~'? AS OF 12/27/2002 10,000.00 909992083000 TRAVELERS LIFE & ANNUITY CO 1.441 14,419.70 AS OF 12/27/2002 20,000.00 909992125000 TRAVELERS LIFE & ANNUITY CO 1.128 22,575.20 AS OF 12/27/2002 15,000.00 909993941000 HARTFORD LIFE-----DON 1.556 ~3,34~.25~) AS OF 12/27/2002 10,000.00 909994543000 HARTFORD LIFE 1.545 15,450.50 AS OF 12/27/2002 5,000.00 909994543000 HARTFORD LIFE -- ~)O-/~] 1.545 Q~ 7,727,725 25 AS OF 12/27/2002 ///,~d~ TOTAL ACCOUNT VALUE 236,457.82 The above summary/prices/quotes/statistics have been obtained from sources believed reliable but are not necessarily complete and cannot be guaranteed. The information contained in monthly account statements and comSrmations reflects all transactions processed by Smith Barney, and as such supersedes all other reports for financial and tax purposes. Smith Barney is a division and service mark of Salomon Smith Barney Inc. Page 2 SMITH Donald U Frutiger And Cltlgroup-J- Johanna C Frutiger JT~krROS 218 So 24th Street Camp Hill PA 17011-5305 Holdings by Asset Class As of 12/31/2002 Prepared by FLORENCE R. CLIFFORD 717-780-1700 Acct No. 724-18993-14 Growth 42.26% Income 57.74% Long Positions and Cash The above summary/prices/quotes/statistics have been obtained from sources believed reliable but are not necessarily complete and cannot be guaranteed. The information contained in monthly account statements and confirmations reflects all transactions processed by Smith Barney, and as such supersedes all other reports for financial and tax purposes. Smith Barney is a division and service mark of Salomon Smith Barney Inc. Page 3 In Re: Estate of Donald U. :In the Court of Common Pleas Frutiger, Deceased :Cumberland County, Pennsylvania :Orphans' Court Division :No. 00047 of 2003 DISCLAIMER OF INTEREST IN ACCORDANCE WITH 20 PA C.S.A. §6201, et seq KNOW ALL MEN BY THESE PRESENTS, THAT: 1. Donald U. Frutiger ("Decedent") died on December 27, 2002, leaving a last will and testament which was admitted to probate by the Register of Wills of Cumberland County, Pennsylvania ("Will"). 2. I am the co-owner with the Decedent (my Husband) of those United States Bonds identified in Item 3 below. 3. Pursuant to Section 6201 et seq of the Probate, Estates and Fiduciaries Code, PA C.S.A. 6201-6207, and the common law of the Commonwealth of Pennsylvania, I irrevocably renounce and disclaim the survivorship interest to which I, as the survivor, would succeed by operation of law upon the death of my husband, as the joint tenant of those United States Bonds identified on Exhibit "A" (attached hereto and by reference incorporated herein) ("Bonds"), to which I may be or have become entitled as the registered co-owner thereof. 4. The Disclaimant has not received any benefit from the Bonds. 5. The Disclaimant shall deliver a copy of this Disclaimer to Johanna C. Frutiger as Executrix of the Decedent's Estate, the Clerk of the Cumberland County Court of Common Pleas, Orphans' Court Division, in accordance with 20 PA C.S.A. 6204, and with the Bureau of the Public Debt. 6. I have not received, and am not to receive, any consideration in money or money's worth for such renunciation and disclaimer from any pers°n or persons whose interest is to be accelerated or increased, or from any other person or persons. .....j IN WITNESS WHEREOF, and intending to~)e legally bound hereby, the undersigned has executed this Disclaimer this ,~H day of September, 2003. J~)hanna C. Frutiger -2- COMMONWEALTH OF PENNSYLVANIA SS: COUNTY OF ~/tq~~~ On this ~1.'~' day of September, 2003, before me, a Notary Public, in and for said Commonwealth and County, personally appeared Johanna C. Frutiger, personally known to me to be the person whose name is subscribed in the within instrument and acknowledged that she executed the same for the,l~urposes therein contained. IN WITNESS WHEREOF, I hereunto set myjhand anc} offi~i~ ~j~al.. (SEAL) ~"'~ My Commission Expires: INDA M. ESHELMAN, Notary Ity of Hardsburg, PA Dauphin y Oomm.L~__~n Expires Sept. 5, -3- EXHIBIT "A" TO DISCLAIMER/RENUNCIATION OF JOHANNA C. FRUTIGER I nte rest Serial No. Series Rate Face Amount Issue Date V2376693EE EE 6.00% 5,000 11/92 X2416091EE EE 3.09% 10,000 06/93 V2282526EE EE 6.00% 5,000 12/91 V2282527EE EE 6.00% 5,000 12/91 V2376694EE EE 6.00% 5,000 11/92 V2282523EE EE 6.00% 5,000 12/91 V2282524EE EE 6.00% 5,000 12/91 V2282525EE EE 6.00% 5,000 12/91 V1545245 E E EE 4.00% 5,000 12/87 V2282521 EE EE 6.00% 5,000 12/91 V2282522EE EE 6.00% 5,000 12/91 V1541672EE EE 3.78% 5,000 09/87 V1541673EE EE 3.78% 5,000 09/87 V1545246E E EE 4.00% 5,000 12/87 X428601 EE EE 4.00% 10,000 10/85 X531790EE EE 4.00% 10,000 08/86 X1353781EE EE 4.00% 10,000 05/87 X429259 E E EE 4.00% 10,000 12/85 X427561 EE EE 4.00% 10,000 09/85 X428600 E E EE 4.00% 10,000 10/85 Register of Wills of Cumberland County, Pennsylvania INVENTORY Estate of DONALD O. FRUTIGER No. 2003-00047 known as Dateof Death December 27~ 2002 · Deceased Social Security No. 201-16-4475 Johanna C. Frutiger Personal Representative(s) of the above Estate, deceased, verify that the items appearing in the following inventory include all of the personal assets wherever situate and all of the real estate in the Commonwealth of Pennsylvania of said Decedent, that the valuation placed opposite each item of said Inventory represents its fair value as of the date of the Decedent's death, and that Decedent owned no real estate outside of the Commonwealth of Pennsylvania except that which appears in a memorandum at the end of this inventory. I/VVe verify that the statements made in this Inventory are true and correct. I/We understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Name of P~al ~epresentative'~l Attorney: Richard W. Stevenson ~/~.~ L. kD. No.: 7120 Address: McNees Wallace & Nurick LLC Dated 9/~/~.~ 100 Pine Street, P.O. Box 1166 Harrisburg, PA 17108 Telephone: (717) 237-5 ?.08 Description Value SEE ATTACHED $ 532,484.13 Total: $ 532,484.13 (Attach Additional Sheets if necessary) NOTE: The Memorandum of real estate outside the Commonwealth of Pennsylvania may, at the election of the personal representative, include the value of each item, but such figures should not be extended into the total of the Inventory. Form RW-7 (Cumberland County - Rev. 9/92) {A277079:} Inventory 11:02 Estate of Donald U. Frutiger From 12/27/2002 To 12/27/2002 Description Accrued Income Value Total Money Market Accounts Bank Deposit Program 15,923.97 Common Stocks 150 shs. American Electric Power Co. Inc. 4,158.00 Preferred Stocks 1000 shs. Duguesne Light Co., 6.7% 28,230.00 Rochester Gas & Elecric Corp. 10,618.00 Verizon New England Inc. 7% 10,254.00 49,102.00 Corporate Bonds General Electric Cap Corp Coupon 6% Mature 5.00 10,023.70 11/28/16 Household Fin Corp Internotes Coupon 6% 26.66 10,192.06 Mature 2/15/07 Salomon SMith Barney HLD Coupon 6.75%, Mature 14.62 6,396.28 1/18/17 26,612.04 Federal Notes and Bonds $50 U.S. Savings Bond, Series EE, Issue Date 45.16 - October 1992 One-Half of U.S. Savings Bonds held jointly 76,768.00 by decedent and spouse 76,813.16 Municipal Bonds Pennsylvania Hsg Fin Agy Ser Coupon 4.55% 56.87 5,289.92 Mature 101/1/11 Philadelphaia PA Arpt Rev Coupon 5.375% 83.61 37,295.96 Mature 6/15/15 Philadelphia Penn Wtr&Swr Coupon 5% Mature 111.11 50,711.61 6/15/16 93, 297.49 - 1 - Inventory llf02 Estate of Donald U. Frutiger From 12/27/2002 To 12/27/2002 Description Accrued Income Value Total Certificates of Deposit Bank & Trust Of Puerto Rico Coupon 6% Mature 200.55 10,540.15 3/6/11 Waypoint Bank Certificate of Deposit No. 1,584.77 48,554.32 461300236 59,094.47 Residences 218 S. 24th Street, Camp Hill, PA 195,000.00 Misc. Personal Property 1991 Acura Legend 4,820.00 1995 Ford Explorer 7,500.00 12,320.00 Refunds PA Department of Revenue; Refund re 2002 163.00 Income Tax Return 532,484.13 - 2 - McNees Wallace & Nurick L,c attorneys at law LINDA M. ESHELMAN ESTATE PARALEGAL DIRECT DIAL: (717) 237-5210 ,E-MAIL ADDRESS: LESHELMAN~MWN.COM March 24, 2003 CERTIFIED MAIL Office of Register of Wills Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 RE: Estate of Donald U. Frutiger Cumberland County File No.: 2003-00047 PA No.: 21-03-0047 Our File No.: 21536-0001 Ladies and Gentlemen: Enclosed is a check for the above-referenced estate's three (3) month inheritance tax payment. Thank you. Y,CurS truly, ~,/ Estate Paralegal Enclosure c: Johanna C. Frutiger (wi enclosure) 100 PINE STREET · PO Box 1166 ° HARRISBURG, PA 17108-1166 · TEL; 717.232.8000 ° FAX: 717.237.5300 · WWW. MWN.COM COLUMBUS, OH ° HAZLETON, PA · STATE COLLEGE, PA · WASHINGTON, DC MCNEES WALLACe & NURICK IL.C: iillllllllllllllllllllllllllllllllllllll 1OO PINE STREET 7~ 3~1 ~44 ~5~ 3050 P.O. BOX 1166 HARRISBURG, PA 17108-1166 RETURN RECEIPT REQUESTED First Class Mail OFFICE OF REGISTER WILLS CUMBERLAND COUNTY COURTHOUSE ONE COURTHOUSE SQUARE CARLISLE PA 17013  COMMONWEALTH OF PENNSYLVANIA  DEPARTMENT OF REVENUE BUREAU OF INDIVIDUAL TAXES DEPARTMENT 280601 HARRISBURG, PA 17128-0601 ,, Telephone 10-20-2003 717 78:3-5826 Richard W. Stevenson Esq. 100 Pine Street P.O. Box 1166 Harrisburg, PA 17108 Re: Estate of Donald U. Frutiger File N umbei~ll~ Date of Death: 12-27-2002 Dear Mr. Stevenson: Enclosed is a "Notice of Inheritance Tax Appraisement, Allowance or Disallowance of Deductions and Assessment of Tax," (REV-1547 EX), ACH 101 establishing the tax applicable to all present interests in the above estate. Also enclosed is a "Notice of Inheritance Tax Appraisement, Allowance or Disallowance of DedUctions and Assessment of Tax," (REV-1547 EX), ACH 102 establishing the tax applicable to future interests where the rate of tax is uncertain. Based on the provisions of the above decedent's Will, Deed of Trust and the information reported on Schedule M by the estate representative, the Department concurs with the estate representative's compromise proposal, and the tax on the future interests have been assessed as shown on the ACH 102 assessment notice. All existing inheritance and/or estate tax payments have been appropriately applied. Any changes which become necessary as a result of a protest decision or an order of court will be reflected in adjustments to both ACH 101 and ACH 102. Please contact me at the telephone number above if you have any questions. Sincerely, Bill Lyons Trust Valuation Specialist Inheritance Tax Division Enclosure COMMONWEALTH OF PENNSYLVANIA BUREAU OF INDIVIDUAL TAXES DEPARTMENT OF REVENUE INHERITANCE TAX DIVISION DEPT. 280601 HARRISBURG, PA 17128-0601 NOTICE OF INHERITANCE TAX APPRAISEMENT, ALLOWANCE OR DISALLOWANCE OF DEDUCTIONS AND ASSESSMENT OF TAX .Ev-~s47 EX ¢~-~7)PC DATE 10-20-2003 ESTATE OF Donald U. Frutiger DATE OF DEATH 12-27-2002 FILE NO. 2103-0047 COUNTY Cumberland Richard W. Stevenson Esq. '~. ~ i' ' ' i:~ ACN 101 100 Pine Street P.O. Box 1166 I Amount Remitted I Harrisburg PA 17108 MAKE CHECK PAYABLE AND REMIT PAYMENT TO: Register of Wills Cumberland County Courthouse Carlisle, PA 17013 CUT ALONG THIS LINE c~ RETAIN LOWER PORTION FOR YOUR RECORDS '-~-~9:i~;~¥- ~-~-(b~--§~-)'~f ............. ~b-tib-~-b-~-~-~h-~i~¥k-~f~-tX~- :~-P~'~i~-~i~-~t~-k-E£i~99~-~- ~ ~- ................................ DISALLOWANCE OF DEDUCTIONS AND ASSESSMENT OF TAX ESTATE OF Donald U. Frutiger FILE NO. 2103-0047 ACN 101 DATE '10-20-2003 TAX RETURN WAS: ( [] ) ACCEPTED AS FILED ( [] ) CHANGED see attached notice RESERVATION CONCERNING FUTURE INTEREST - SEE REVERSE APPRAISED VALUE OF RETURN BASED ON: Original RETURN 1. Real Estate (Schedule A) (1) 195,000.00 NOTE: To insure proper 2. Stocks and Bonds (Schedule B) (2) 276,446.81 credit to your account, 3. Closely Held Stock/Partnership Interest (Schedule C) (3) 0.00 submit the upper portion 4. Morteaees/Notes Receivable (Schedule D) (4) 0.00 of this form with your 5. Cash/Bank Deposits/Misc. Personal Property (Schedule E) (5) 61,037.32 tax payment. 6. Jointly Owned Property (Schedule F) (6) 0.00 7. Transfers (Schedule G) (7) 245,842.63 8. Total Assets (8) 778,326.76 APPROVED DEDUCTIONS AND EXEMPTIONS: 9. Funeral Expenses/Adm Costs/Misc. Expenses (Schedule H) (9) 24,126.00 10. Debts/Mortgage L ab t es/Liens (Schedule I) (10) 360.00 11. Total Deductions (11 ) 24,486.00 12. Net Value of Tax Return (12) 753,840.76 13. Charitable/Governmental Beauests; Non-elected 9113 Trusts (Schedule J) (13) 0.00 14. Net Value of Estate Subiect to Tax (14) 753,840.76 NOTE: If an assessment was issued previously, lines 14, 15 and/or 16, 17 and 18 will reflect figures that include the total of ALL returns assessed to date. ASSESSMENT OF TAX: 15. Amount of Line 14 at Spousal rate (15) 402,899.17 X .00 0.00 16. Amount of Line 14 taxable at Lineal/Class A rate (16) X .045 17. Amount of Line 14 taxable at Siblin~ rate (17) X .12 18. Amount of Line 14 taxable at Collateral/Class B rate (18) X .15 19. Principal Tax Due (19) 0.00 TAX CREDITS: PAYMENT RECEIPT DISCOUNT (+) DATE NUMBER INTEREST/PEN PAID {-) AMOUNT PAID TOTAL TAX CREDIT 0.00 BALANCE OF TAX DUE INTEREST TOTAL DUE 0.00 * IF PAID AFTER DATE INDICATED, .~ ~m~n~ (IF TOTAL DUE IS LESS THAN $1, NO PAYMENT IS REQUIRED. FOR CALCULATION OF ADDITIONAL INTEREST. IF TOTAL DUE IS REFLECTED AS A CREDIT (CR), YOU M~Y BE DUE A REFUND. SEE REVERSE SIDE OF THIS FOP/~ FOR INSTRUCTIONS. ) RESERVATION: Estates of decedents dying on or before December 12, 1982 - if any future interest in the estate is transferred in possession or enjoyment to Class B (collateral) beneficiaries of the decedent after the expiration of any estate for life or for years, the Commonwealth hereby expressly reserves the dght to appraise and assess transfer Inheritance Taxes at the lawful Class B (collateral) rate on any such future interest. PURPOSE OF NOTICE: To fulfill the requirements of Section 2140 of the Inheritance and Estate Tax Act, Act 21 of 1995. (72 P.S. Section 9140). PAYMENT: Detach the top portion of this Notice and submit with your payment to the Register of Wills pdnted on the reverse side. Make check or money order payable to: REGISTER OF WILLS, AGENT. REFUND (CR): A refund of a tax credit, which was not requested on the Tax Return, may be requested by completing an "Application for Refund of Pennsylvania Inheritance and Estate Tax (REV-1313). Applications are available at the Office of the Register of Wills or any of the 23 Revenue Distdct Offices, or by calling the special 24-hour answering service numbers for forms ordering: In Pennsylvania 1-800-362-2050, outside Pennsylvania and within local Harrisburg area (717) 787-8094, TDD~ (717) 772-2252 (Headng Impaired Only). OBJECTIONS: Any party in interest not satisfied with the appraisement, allowance or disallowance of deductions, or assessment of tax (including discount or interest) as shown on this Notice must object within sixty (60) days of receipt of this Notice by: -written protest to the PA Department of Revenue Board of Appeals, Dept. 281021, Harrisburg, PA 17128-1021, OR --election to have the matter determined at audit of the account of the personal representative OR -appeal to the Orphans' Court. ADMINISTRATIVE CORRECTIONS: Factual errors discovered on this assessment should be addressed in writing to: PA Department of Revenue, Bureau of Individual Taxes, A'FI'N: Post Assessment Review Unit, Dept. 280601 Harrisburg, PA 17128-0601 Phone (717) 787-6505. See page 3 of the booklet "Instructions for Inheritance Tax Return for a Resident Decedent" (REV-1501) for an explanation of administratively correctable errors. DISCOUNT: If any tax due is paid within three (3) calendar months after the decedent's death a five percent (5%) discount of'the tax paid is allowed. PENALTY: The 15% tax amnesty non-participation penalty is computed on the total of the tax and interest assessed, and not paid before January 18,1996, the first day after the end of the tax amnesty pedod. This non-participation penalty is appealable in the same manner and in the same time pedod as you would appeal the tax and interest that has been assessed as indicated on this notice. INTEREST: Interest is charged beginning with first day of delinquency, or nine (9) months and one (1) day from the date of death, to the date of payment. Taxes which became delinquent before January 1, 1982 bear interest at the rate of six (6%) percent per annum calculated at a daily rate of .000164. All taxes which became delinquent on and after January 1, 1982 will bear interest at a rate which will vary from calendar year to calendar year with that rate announced by the PA Department of Revenue. The applicable interest rateS for 1982 through 2001 are: Interest Daily Interest Daily Interest Daily Year Rate Factor Year Rate Factor Year Rate Factor 1982 20% .000548 1987 9% .000247 1999 7% .000192 1983 16% .000438 1988-1991 11% .000301 2000 8% .000219 1984 11% .000301 1992 9% .000247 2001 9% .000247 1985 13% .000356 1993-1994 · 7% .000192 2002 6% .000164 1986 10% .000274 1995-1998 9% .000247 2003 5% .000137 --Interest is calculated as follows: INTEREST = BALANCE OF TAX UNPAID X NUMBER OF DAYS DELINQUENT X DAILY INTEREST FACTOR ' -Any Notice issued after the tax becomes delinquent will reflect an interest calculation to fifteen (15) days beyond the date of the assessment. If payment is made after the interest computation date shown on the Notice, additional interest must be calculated. REV-1470 EX (6-88)  INHERITANCE TAX COMMONVVEALTH OF PENNSYLVANIA EXPLANATION DEPARTMENT OF REVENUE OF CHANGES BUREAU OF INDIVIDUAL TAXES DEPT. 280601 HARRISBURG, PA 17128-0601 DECEDENTS NAME FILE NUMBER Donald U. Frutiger 2103-0047 REVIEWED BY ACN Bill Lyons 101 ITEM SCHEDULE NO. EXPLANATION OF CHANGES The tax due on all current interests is reflected on the attached Inheritance Tax Assessment. The tax due on all future interest uncertainties is covered on the attached compromise tax assessment,(ACN 102). ROW Page 1 COMMONWEALTH OF PENNSYLVANIA t~. BUREAU OF INDIVIDUAL TAXES DEPARTMENT OF REVEN U E INHERITANCE TAX DIVISION DEPT. 280601 HARRISBURG, PA 17128-0601 NOTICE OF INHERITANCE TAX ' APPRAISEMENT, ALLOWANCE OR DISALLOWANCE OF DEDUCTIONS AND ASSESSMENT OF TAX REV-iS47 EX (12-97)PC DATE 10-20-2003 ESTATE OF DOnald U. Frutiger DATE OF DEATH 12-27-2002 FILE NO. 2103-0047 COUNTY Cumberland Richard W. Stevenson Esq ? ACN 102 100 Pine Street " "~" "'- P.O. Box 1166 I Amount Remitted Harrisburg PA 17108 ,. I MAKE CHECK PAYABLE AND REMIT PAYMENT TO: Register of Wills Cumberland County Courthouse Carlisle, PA 17013 CUT ALONG THIS LINE ~:> RETAIN LOWER PORTION FOR YOUR RECORDS C= '- h-~9:~ ~,¥' i:-~ -(b~:~¥-)-~,~ ............. -~b-fi~:-~ -b-~ -~ h-E~ i~-f k-~ ~-:rX ~(' ;4 ~,-~ ~'Ai ~-~ ~ii~t] -A-EL~ ~A-~ ~:- ~ h- ................................ DISALLOWANCE OF DEDUCTIONS AND ASSESSMENT OF TAX ESTATE OF Donald U. Frutiger FILE NO. 2103-0047 ACN 102 DATE 10-20-2003 TAX RETURN WAS: ( [] ) ACCEPTED AS FILED ( [] ) CHANGED RESERVATION CONCERNING FUTURE INTEREST - SEE REVERSE APPRAISED VALUE OF RETURN BASED ON: Remainder RETURN 1. Real Estate (Schedule A) (1) 0.00 NOTE: 1;o insure proper 2. Stocks and Bonds (Schedule B) (2) 0.00 credit to your account, 3. Closely Held Stock/Partnership Interest (Schedule C) (3) 0.00 submit the upper portion 4. Mortgages/Notes Receivable (Schedule D) (4) 0.00 of this form with your 5. Cash/Bank Deposits/Misc. Personal Property (Schedule E) (5) 0.00 tax payment. 6. Jointly Owned Property (Schedule F) (6) 0.00 7. Transfers (Schedule G) (7) 350,941.59 8. Total Assets (8) 350,941.59 APPROVED DEDUCTIONS AND EXEMPTIONS: 9. Funeral Expenses/Adm. CoSts/Misc. Expenses (Schedule H) (9) 0.00 10. Debts/Mortgage Liabilities/Liens (Schedule I) (10) 0.00 11. Total Deductions (11) 0.00 12. Net Value of Tax Return (12) 350,941.59 13. Charitable/Governmental Beauests; Non-elected 9113 Trusts (Schedule J) (13) 0.00 14. Net Value of Estate Subject to Tax (14) 350,941.59 NOTE: If an assessment was issued previously, lines 14, 15 and/or 16, 17 and 18 will reflect figures that include the total of ALL returns assessed to date. ASSESSMENT OF TAX: 15. Amount of Line 14 at Spousal rate (15) X .00 16. Amount of Line 14 taxable at Lineal/Class A rate (16) 350,941.59 X .045 15,792.37 17. Amount of Line 14 taxable at Siblin~ rate (17) X .12 18. Amount of Line 14 taxable at Collateral/Class B rate (18) X .15 19. Principal Tax Due (19) 15,792.37 TAX CREDITS: PAYMENT RECEIPT DISCOUNT {+) DATE NUMBER INTEREST/PEN PAID (-) AMOUNT PAID 03-25-2003 C D002334 700.00 13,300.00 09-09-2003 CD002994 1,792.37 TOTAL TAX CREDIT 15,792.37 BALANCE OF TAX DUE 0.00 INTEREST 0.00 TOTAL DUE 0.00 * IF PAID AFTER DaT~. T~'~T~a~I~, e~ u~"~oo~ (IF TOTAL DUE IS LESS THAN $1, NO PAYMENT IS REQUIRED. FOR CALCULATION OF ADDITIONAL INTEREST. IF TOTAL DUE IS REFLECTED AS A CREDIT (CR) , YOU M~ BE DUE A REFUND. SEE REVERSE SIDE OF THIS FO~M FOR INSTRUCTIONS. ) RESERVATION: Estates of decedents dying on or before December 12, 1982 -- if any future interest in the estate is transferred in possession or enjoyment to Class B (collateral) beneficiaries of the decedent after the expiration of any estate for life or for years, the Commonwealth hereby expressly reserves the dght to appraise and assess transfer Inheritance Taxes at the lawful Class B (collateral) rate on any such future interest. PURPOSE OF NOTICE: To fulfill the requirements of Section 2140 of the Inheritance and Estate Tax Act, Act 21 of 1995. (72 P.S. Section 9140). PAYMENT: Detach the top portion of this Notice and submit with your payment to the Register of Wills pdnted on the reverse side. Make check or money order payable to: REGISTER OF WILLS, AGENT. REFUND (CR): A refund of a tax credit, which was not requested on the Tax Return, may be requested by completing an "Application for Refund of Pennsylvania Inheritance and Estate Tax (REV-1313). Applications are available at the Office of the Register of Wills or any of the 23 Revenue Distdct Offices, or by calling the special 24-hour answering service numbers for forms ordering: In Pennsylvania 1-800-362-2050, outside Pennsylvania and within local Harrisburg area (717) 787-8094, TDD~ (717) 772-2252 (Hearing Impaired Only). OBJECTIONS: Any party in interest not satisfied with the appraisement, allowance or disallowance of deductions, or assessment of tax (including discount or interest) as shown on this Notice must object within sixty (60) days of receipt of this Notice by: -written protest to the PA Department of Revenue Board of Appeals, Dept. 281021, Harrisburg, PA 17128-1021, OR -election to have the matter determined at audit of the account of the personal representative OR --appeal to the Orphans' Court. ADMINISTRATIVE CORRECTIONS: Factual errors discovered on this assessment should be addressed in writing to: PA Department of Revenue, Bureau of Individual Taxes, ATTN: Post Assessment Review Unit, Dept. 280601 Harrisburg, PA 17128-0601 Phone (717) 787-6505. See page 3 of the booklet "Instructions for Inheritance Tax Return for a Resident Decedent" (REV-1501) for an explanation of administratively correctable errors. DISCOUNT: If any tax due is paid within three (3) calendar months after the decedent's death a five percent (5%) discount of the tax paid is allowed. PENALTY: The 15% tax amnesty non-participation penalty is computed on the total of the tax and interest assessed, and not paid before January 18,1996, the first day after the end of the tax amnesty period. This non-participation penalty is appealable in the same manner and in the same time pedod as you weuld appeal the tax and interest that has been assessed as indicated on this notice. INTEREST: Interest is charged beginning with first day of delinquency, or nine (9) months and one (1) day from the date of death, to the date of payment. Taxes which became delinquent before January 1, 1982 bear interest at the rate of six (6%) percent per annum calculated ~ a daily rate of .000164. All taxes which became delinquent on and after January 1, 1982 will bear interest at a rate which will vary from calendar year to calendar year with that rate announced by the PA Department of Revenue. The applicable interest rates for 1982 through 2001 are: Interest Daily Interest Daily Interest Daily Year Rate Factor Year Rate - Factor Year Rate Factor 1982 20% .000548 1987 9% .000247 1999 7% .000192 1983 16% .000438 1988-1991 11% .000301 2000 8% .000219 1984 11% .000301 1992 9% .000247 2001 9% .000247 1985 13% .000356 1993-1994 7% .000192 2002 6% .000164 1986 10% .000274 1995-1998 9% .000247 2003 5% .000137 --Interest is calculated as follows: INTEREST = BALANCE OF TAX UNPAID X NUMBER OF DAYS DELINQUENT X DAILY INTEREST FACTOR --Any Notice issued after the tax becomes delinquent will reflect an interest calculation to fifteen (15) days beyond the date of the assessment. If payment is made after the interest computation date shown on the Notice, additional interest must be calculated. //'~-////~ COMNONNEALTH OF PENNSYLVANZA BUREAU OF INDIVIDUAL TAXES DEPARTMENT OF REVENUE INHERITANCE TAX DZV/SIOH 0£PT. zsoGoz INHERITANCE TAX HARRISBURG, PA 171Z8-0601 STATEHENT OF ACCOUNT REV-l,07 EX *FP DATE 10-27-2005 ESTATE OF FRUTIGER DONALD U DATE OF DEATH 12-27-2002 FILE NUHBER 21 05-00~7 'i~i .' t~ COUNTY CUMBERLAND RICHARD N STEVENSON ESQ ACH IOZ MCNEES ETAL Amoun~ Rmmi~ed PO BOX 1166 HBG PA 17108 MAKE CHECK PAYABLE AND RENZT PAYMENT TO: REGISTER OF HILLS CUMBERLAND CO COURT HOUSE CARLISLE, PA 17015 NOTE: To insure proper credi~ ~o your account, submi~ ~hm upper por~ion of ~his form ~i~h your ~ax payment. CUT ALONG THIS LINE ~.- RETAIN LONER PORTION FOR YOUR RECORDS REV-1607 EX AFP (01-03) #~. INHERITANCE TAX STATENENT OF ACCOUNT ESTATE OF FRUTIGER DONALD U FILE NO. Z1 05-00R7 ACN 102 DATE 10-27-2005 THIS STATENENT ZS PROVIDED TO ADVISE OF THE CURRENT STATUS OF THE STATED ACH ZN THE NAHED ESTATE. SHO#N BELON ZSA SUNNARY OF THE PRINCIPAL TAX DUE~ APPLICATION OF ALL PAYHENTS, THE CURRENT BALANCE, AND, ZF APPLZCABLE~ A PROJECTED INTEREST FIGURE. DATE OF LAST ASSESSMENT OR RECORD ADJUSTMENT: 01-01-Z005 15,79Z.$7 PRINCIPAL TAX DUE: ........................................................................................................................................................................................................................... PAYMENTS (TAX CREDITS): PAYMENT RECEIPT DISCOUNT t+) AMOUNT PAID DATE NUMBER INTEREST/PEN PAID (-) O$-Z5-ZO0$ CDOOZ$$R 700.00 15,$00.00 09-09-Z00~ CDOOZ99~ .00 1,792.$7 TOTAL TAX CRED'rT 15,792.37 BALANCE OF TAX DUE .00 INTEREST AND PEN. .00 TOTAL DUE . O0 ZF PA/D AFTER THIS DATE:, SEE REVERSE STDE FOR CALCULATION OF ADDITIONAL INTEREST. ZF TOTAL DUE ZS LESS THAN $1, NO PAYNENT ZS REg)UZRED. ZF TOTAL DUE ZS REFLECTED AS A "CREDIT' (CR), YOU NAY BE DUE A REFUND. SEE REVERSE SIDE OF THIS FORN FOR INSTRUCTIONS. ) PAYNENT: Detach the top portion of this Notice and submit with your payment made payable to the name and address printed on the reverse side. -- If RESIDENT DECEDENT make check or money order payable to: REGISTER OF #ILLS, AGENT. -- Zf NON-RESIDENT DECEDENT make check or money order payable to: COHNON#EALTH OF PENNSYLVANIA. REFUND (CR): A refund of a tax credit, which was not requested on the Tax Return, may be requested by completing an "Application for Refund of Pennsylvania Inheritance and Estate Tax" (REV-1315). Applications are available at tho Office of the Register of Hills, any of the 25 Revenue District Offices or free the Department's Z4-hour answering service for forms ordering: 1-BO0-36Z-Z050; services far taxpayers with special hearing and / or speaking needs: 1-DOO-4qT-30ZO (TT only). REPLY TO: Questions regarding errors contained on this notice should be addressed to: PA Department of Revenue, Bureau of Individual Taxes, ATTN: Post Assessment Review Unit, Dept. 280601, Harrisburg, PA 17liD-0601, phone (717) 787-6505. DISCOUNT: If any tax due is paid within three (5) calendar months after the decadent's death, a five percent (52) discount of the tax paid is allowed. PENALTY: The 15g tax amnesty non-participation penalty is computed on the total of the tax and interest assessed, and not paid before January 18, 1996, the first day after tho end of the tax amnesty period. INTEREST: Interest is charged beginning aith first day of delinquency, or nine (9) months and one (1) day from the date of death, to the date of payment. Taxes ahich became delinquent before January 1, 1982 bear interest at the rate of six (62) percent par annum calculated at a daily rate of .O0016q. AIl taxes which became delinquent on and after January 1, 1982 will bear interest at a rate ahich will vary from calendar year to calendar year with that rate announced by the PA Department of Revenue. The applicable interest rates for 1982 through 2005 are: Interest Daily Interest Daily Interest Daily Year Rate Factor Year Rate Factor Year Rate Factor 1981 Z07. . 0005q.8 1987 97. . O0 DZq*7 1999 77. . 000192 1983 167. . 000gi.38 1988-1991 111 . 000301 ZOO0 87. · 000219 198~, 117. · 000301 1992 97. · 000 P'q.7 2001 97. . O00Zq*7 1985 137. .000356 1993-199~* 77. .000192 2002 67. . O0016q* 1986 107. . 00027~* 1995-1998 97. . 00020,7 2003 57. . 000137 --Interest is calculated as follows: INTEREST = BALANCE OF TAX UNPAID X NUNBER OF DAYS DELINQUENT X DAILY INTEREST FACTOR --Any Notice issued after the tax becomes delinquent will reflect an interest calculation to fifteen (153 days beyond the date of the assessment. If payment is made after the interest computation date shown on tho Notice, additional interest must bo calculated. REV- 150~ EX (6~X)) OFFICIAL USE ONLY COMMONWEALTH OF .E..SVLV^.,^ REV-1500 DEPARTMENT OF REVENUE DEPT. 280601 INHERITANCE TAX RETURN F, LENUMSE. 2 [ -- 0 3 0 0 4 '7 HARRISBURG. PA 17128-0601 RESIDENT DECEDENT DECEDENTS NAME (LAST, FIRST, AND MIDDLE INITIAL) SOCIAL SECURIq~' NUMBER ~- FRUTIGER, DONALD U. 201-16-4475 Z ~'1ILl DA~E OF DEATH (MM-DD-YEAR) DATE OF BIR~ (MM-DD-YEAR) THIS REI~JRN MUST BE FILED IN DUPUCATE WITH THE uJ [2/2.7/2002 08/30/[925 REGISTER OF WILLS ~ (IF APPLICABLE)SURVIVING SPOUSE'S NAME (LAST, FIRST, AND MIDDLE INITIAL) SOCIAL SECURITY NUMBER FRUTIGER, JOHANNA C. 202-20-[432 [~ Original Return ~ 2. Supplemental Return r-~ 3, Remainder Return {date of death pdt' to 12o13~2) ~1 ~ ZL~J 4. Limited Estate r~ 4a. Future Interest Compromise (dam of death aft, 12-12-82) r~ 5, Federal Estate Tax Return Required ~3~O~ []~-] 6. Oec~dentDiedTestate(AtlachcopyofWlll, E~] 7. DecedentMaintainedaLIvingTrust(AttachcopyofTmst) __ 8. TotalNumberofSafeDeposltBoxes L-J 9. Litigation Proceeds Received U 10. Spousal Poverty Credit (eat,, of death between 12-$1-91 .nd 1-1-95} 11. Election to tax under Sec. 9t 13(A)(Aua~ SohO) ~-THIS SECTION MUST BE COMPLETED. ALL CORRESPONDENCE AND CONFIDENTIAL TAX INFORMATION SHOUED BE DIRE~ED TO: z NAME COMPLE3E MAILING ADDRESS z RICFJ~RD W. STEVENSON, ESQ. O o. FIRM NAME (If Applicable) i MCNEES WAT.T.ACE & NURICK LLC 100 PINE STNEET ~LEPHONENUMBER P,O. BOX 1166 717-237-5208 HARRISBURG, PA 17,~. 1. Real Estata (Schedule A) (t) 195,000.0~'x % "'"' <['~, ~ OFFI~L ~*~E~ ONLY 2. Stacks and Bonds (Schedule B) (2) 286,125.0~ 3, Closely Held Coq)oration, Partnership or Sole-Propitetorship (3) 0.0~ ~Z 6. Join~ Owned Property (Sch6dule F) (6) O. 0 O. 788,303.02 ~ 357,8.78.61 x.O 45 16,104.54 ~- 19. Tax Due (19) 16,104.54 > > BE SURE TO ANSWER ALL. GUESTIONS ON REVERSE SIDE AND ~HECK MATH < < Decedent's Complete Address: 218 SOUTH 24TH STREET CITY I STATE IZIP CAMP HILL PA 17011 Tax Payments and Credits: 1. Tax Due (Page I Line 19) (1) 16,104.54 2. Credits/Payments A. Spousal Poverty Credit B. Prior Payments 15,092.37 C. Discount 700.00 Total Credits (A + B + C) (2) 15,792.37 3. InterestJPenalty if applicable D. Interest E. PenaP~y Total Interest/Penalty (D + E) (3) 4. If Line 2 is greater than Line 1 + Line 3, enter the differer~e. This is the OVERPAYMENT. Check box on Page I Line 20 to requeat a refund (4) 5. If Line 1 + Line 3 is greater than Line 2, enter the difference. This is the TAX DUE. (5) 312.17 A. Enter the interest on the tax due. (5A) 12.16 B. Enter the total of Line 5 + 5A. This is the BALANCE DUE. (5B) 324.33 Make Check Payable to: REGISTER OP 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; ....................... r-~ [3~] b. retain the right to designate who shall use the property transferred or its inc~ne; ......... ~ ~ c. retain a reversionary interest; a' ................................ ~] [3~ d. receive the promise for life of either payments, benefits or care? ................. [~ [~ 2. if death occurred after December 12, 1982, did decedent transfer property within one year of death without receiving adequate consideration? ............................ [] [] 3. Did decedent own an "in trust for" or payable upon death bank account or security at his ~' her death? [] [] 4. Did decedent own an Individual Retirement Account, annuity, or other non.probate property which contains a beneficiar~ designation? ................................ [] [] ~1~ $OU~ 24~ ~ ~.~ ~ 17011 [72 P.S. § 9916 (a) (1.1) (i)]. SCHEDULE A COMMONWE _TH OF PENNSYLVAN ^ RE L ESTATE INHERITANCE TAX RETURN RESIDENT DECEDENT ESTATE OF FILE NUMBER All real property owned solely or as a tenant in common must be reported at fair market value. Fair market value is deft ned as the pdce at which property would be exchanged between a willing buyer and a willing seller, neither being compelled to buy or sell, both having reasonable knowledge of the relevant facts. Real prope~y which is Jointly-owned with right of survivorship must be disclosed on Schedule F. ITEM DESCRIPTION VALUE AT DATE NUMBER OF DEATH 1. ASSETS P. EPORTED ON ORIGINAL INHERITANCE TAX RETUP. N FILED 195,000.00 TOTAL (Also enter on line 1, Recapitulation) $ 195,000.00 3w46~5 ~ oo0 (If more space is needed, insert additional sheets of the same size} SCHEDULE B COMMONVVEALTH OF PENNSYLVANIA STOCKS & BON DS INHERITANCE TAX RETURN RESIDENT DECEDENT ESTATE OF FILE NUMBER DOI'~,A.T.,D U. FRUTIGER 21-03-0047 All property Jointly-owned with right of survivorship must be disclosed on Schedule F. ITEM VALUE AT DATE NUMBE; DESCRIPTION OF DEATH 1. 352 SES. M~TLI~ @ 27.495/SF, A.P,,~ 9,678.24 2. ASSETS P. EPORTED ON ORIGINAL INHERITANCE TAX FILED 276,446.81 TOTAL (Also enter on line 2, Recapitulation) $ 28 6,125.05 3w4696 1000 (If more space is needed, insert additional sheets of the same size) SCHEDULE E COMMONWEALTH OF PENNSYLVANIA CASH, BANK DEPOSITS, & MISC. INHERITANC~ TAX RETURN RESIDENT DECEDENT PERSONAL PROPERTY ESTATE OF FILE NUMBER DONALD U. FRUTIGER 21-03-0047 All properly jointly-owned with the right of survivorship must be disclosed on Schedule F. ITEM VALUE AT DATE NUMBER D~SCRIPTION Of DEATH I PA STATE TREASURY - UNCLAIMED PROPERTY DUE DECEDENT 298.02 ASSETS REPORTED ON ORIGINAL INHERITANCE TAX RETURN FILED 61,037.32 TOTAL (Also enter on Pine 5, Recapitulation) $ 61,338.34 3W46AD 1000 (If more space is needed. Insert additional sheets of the same size} SCHEDULE G C~MMONWEALTH OF PENNSYLVANI^ INTER-VIVOS TRANSFERS & ~NHER~TANDE TAX RETURN MISC. NON-PROBATE PROPERTY RESIDENT DECEDENT ESTATE OF FILE NUMBER DONALD O. FRUTIGER 21-03-0047 This schedule must be completed and filed if the answer to any of quesUous 1 through 4 on the reverse side of the REV-1500 COVER SHEET is y~s. DESCPJFTiON OF PROPER'i%' ITEM It4;3J~ *t~E N~ME C~ 3~E ~NSFEF~ E. TH~IE RE LATIONSP~P TO DE CE D~NT AND DATE OF DEATH %OF DECD'S EXCLUSION TAXABLE 1. PROPERTY REPORTED ON ORIGINAL 245,842.63 INHERITANCE TAX RETUP, N FILED TOTAL (Also enter on line 7, Recapitulation) I $ 245 842 63 (If more space is needed, insert additional sheets of the same size) 3W46AF 1.000 SCHEDULE H COMMONWEAETH OF PENNSYLVANIA FUNERAL EXPENSES & INHE~TANCE TAX RETURN AD MIN ISTRATIVE COSTS RESIDENT DECEDENT ESTATE OF FILE NUMBER DONALD U. FRUTIGER 21-03-0047 Debts of decedent must be reported on Schedule I. ITEM NUMBER DESCRIPTION AMOUNT A. FUNERAL EXPENSES: 1. FUNERAL EXPENSES REPORTED ON ORIGINAL INHERITANCE TAX RETURN 12,859.40 FILED B. ,N:)MINISTRATIVE COSTS: 1. Personal Representative's Commissions Name of Personal Representative(s) Social Security Number(s) / EIN Number of Personal Representative(s) Street Address City State __ Zip Year(s) Commission Paid: 2. Attorney Fees 3. Family Exemption: (If decedent's address is not the same as claimant's, attach e.x~lanafion) Claimant Street Address City State__ Zip Relationship of Claimant to Decedent 4. Probate Fees 5. Accountant's Fess 6. Tax Return Preparer's Fees 7. ADMINISTRATIVE EXPENSES REPORTED ON ORIGINAL INHERITANCE TAX 11,266.60 FILED 8 MCNEES WALLACE & NURICK LLC - RESERVE FOR COSTS ASSOCIATED 15.00 WITH FILING SUPPLEMENTAL RETURN RE POSTAGE, DUPLICATING 9 REGISTER OF WILLS (CUMBERLAND COUNTY} - FILING FEE RE 15.00 SUPPLEMENTAL INHERITANCE TAX RETURN TOTAL (Also enter on line 9, Recapaul~ti,-~) $ 24,15 6 3W46AG 1.000 (If more space is needed, insert additional sheets of the same size) SCHEDULE I COMMONVVEAL~ OF PENNSYLVANIA DEBTS OF DECEDENT, INHERITANCE TAX RETURN RESIDENTDECEDENT MORTGAGE LIABILITIES, & LIENS ESTATE OF FILE NUMBER DONALD U. FRUTIGER 21-03-0047 Report debts incurred by the decedent prior to death which remained unpaid as of the date of death, including unreimbureed medical expenses. ITEM VALUE AT DATE NUMBE~ DESCRIPTION OF DEATH 1. DEBTS ~EPORTED ON ORIGINAL INHERITANCE TAX RETURN FILED 360.00 TOTAL (Also enter on line 10, Recapitulation) $ 360.00 3W46AH 2(]00 (If more space is needed, insert additional sheets of the same size) SCHEDULE J PENNSYLV^N,^ BENEFICIARIES INHERITANCE TAX RETURN RESIDENT DECEDENT EBTATE OF FILE NUMBER RELATIONSHIP TO DECEDENT AMOUNT OR SHARE NUMBER NAME AND ADDRESS OF PERSON(S) RECEIVING PROPERTY DO Not List Trustee(s) OF ESTATE I TAXABLE DISTRIBUTIONS [include outright spousal distributions, and transfers under Sec. 9116 (a) (1.2)] i Johanna Frutiger Spouse 405,908.41 218 South 24th Street Camp Hill, PA 17011 2 Donald U. Frutiger Trust B Credit Shelter Trust 357,878.61 c/o 218 South 24th Street Camp Hill, PA 17011 ENTER DOLLAR AMOUNTS FOR DISTRIBUTIONS SHOWN ABOVE ON LINES 15 THROUGH 18, AS APPROPRIATE, ON REV-1500 COVER SHEET II NON-TAXABLE DISTRIBUTIONS: A. SFOUSAL DISTRIBUTIONS UNDER SECTION 9113 FOR WHICH AN ELECTION TO TAX IS NOT BEING MADE B. CHARITABLE AND GOVERNMENTAL DISTRIBUTIONS TOTAL OF PART II - EN3TcR TOTAL NON-TAXABLE DISTRIBUTIONS ON LINE 13 OF REV-1500 COVER SHEET $ 3W46AI 1 000 (~f more space is needed, insert additional sh~ts of the same size} REV-~S~4 ~X+ (~2~3) SCHEDULE K LIFE ESTATE, ANNUITY COMMOI'&NEAL~ OF PENNSYLVANIA ~ TERM CERTAIN INHERITANCE TAX RETURN RESIDENT DECEDENT (Check Box 4 on REV-1500 Cover Sheet) ESTATE OF FILE NUMBER This schedule is to be used for all single life, joint or successive life estate and term certain calculations. For dates of death prior to 5-1-89, actuarial factors for single life calculations can be obtained from the Department of Revenue, Specialty Tax Unit. Actuarial factors can be found in IRS Publication 1457, Actuarial Values, Alpha Volume for dates of death from 5-1-89 to 4-30-99, and in Aleph Volume for dates of death from 5-1-99 and thereafter. indicate the type of instrument which created the future interest below and attach a copy to the tax return. ~] Will [] Intervivos Deed of Trust ~ Other NEAREST AGE AT TERM OF YEARS NAME(S) OF LIFE TENANT(S) DATE OF BIRTH DATE OF DEATH LIFE ESTATE IS PAYABLE Tohanna Frutiger 1/28/1926 77 ~ Life or ~] Term of Years "~ Life or ~] Term of Years ~ Life or ~-~ Term of Years ~-~ Life or r-~ Term of Years ~ Life or ~ Term of Years 1. Value of fund from which life estate is payable ............................... $ 513,124.39 2. Actuarial factor per ap~j?ate table ..................................... 0. 3025 Interest table rate- I~ 3 1/2% [] 6% [] 10% ~] Variable Rate 4 % 3. Value of life estate (Line I multiplied by Line 2) ............................. $ 155,245.78 NAME(S) OF LIFE ANNUITANT(S) DATE OF BIRTH NEAREST AGE AT TERM OF YEARS DATE OF DEATH ANNUITY IS PAYABLE ~ Life or ~ Term of Years ~-~ Life or ~'~ Term of Years '~ Life or ~'] Term of Years 1. Value of fund from which annuity is payable ~ Life or ~ Term of Years 2. Check appropriate block below and enter corresponding (number) ................... Frequency of payout -J---] Weekly (52) ~'~ Bi-weekly (26)[---] Monthly (12) [] Quarterly (4) [] Semi-annually (2) [] Annually (1) ~--~ther ( ) 3. Amount of payout per period 4. Aggregate annual payment, Line 2 multiplied by Line 3 ......................... 5. Annuity Factor (see instructions) Interest table rate -~ 3 1/2°/o [~ 6% [] 10°/o ~-~ Variable Rate % 6. Adjustment Factor (see instructions) ................................... 7. Value of annuity - If using 3 1/2%, 6%, 10%, or if variable rate and period payout is at end of period, calculation is: Line 4 x Line 5 x Line 6 .................... $ If using variable rate and period payout is at beginning of period, calculation is: (Line 4 x Line 5 x Line 6) + Line 3 ..................................... $ NOTE: The values of the funds which create the above future interests must be reported as part of the estate assets on Schedules A through G of this tax return. The resulting life or annuity interest(s) should be reported at the appropriate tax rate on Lines 13 and 15 through 18. (If more space Is needed, insert additional sheets of the same size) SCHEDULE M FUTURE INTEREST COMPROMISE COMMONWEALTH OF PENNSYLVANIA INHERITANCE TAX RETURN RESIDENTDECEDENT (Check Box 4a on Rev-1 $00 Cover Sheet) ESTATE OF FILE NUMBER DONALD U. FRUTIGER 21-03-0047 This schedule Is appropriate only for estates of decedents dying after December 12, 1982, This schedure is to be used for all future interests where the rate of tax which will be applicable when the future interest vests in possession and enjoyment cannot be established with certainty, Indicate below the type of instrument which created the future interest and attach a copy to the tax return. ~ Will [-~ Trust [~ Other I. Beneficiaries .~GE TO NAME OF BENEFICIARY RELATIONSHIP DATE OF BIRTH NEAREST BIRTHDAY 1.Johanna C. Frutiger Spouse 1/28/1926 77 2.Donald U. Frutiger, Jr. Son 3.Susan M. Stough Daughter 4.Elizabeth A. Lobato Daughter II. For decendents dying on or after July 1, 1994, if a surviving spouse exercised or intends to exercise a right of withdrawal within 9 months of the decedent's death, check the appropriate block and attach a copy of the document in which the surviving spouse exercises such withdrawal right. ~ Unlimited right of withdrawal I~ Limited right of withdrawal III. Explanation Of Compr~mise Offer: See copy of previous compromise offer made by the Estate and accepted by the Department of Revenue. The only adjustment to the compromise is to the value of the fund from which the life estate and remainder are calculated (includes the newly discovered assets). The revised calculations are: $513,124.39 (value to fund Trust B) X .30255 (actuarial factor) = $155,245.78 (life estate) - This amount taxed at 0% Remainder to he taxed at 4.5% = $513,124.39 - $155,245.78 = $357,878.61 IV. Summary of Compromise Offer: 1. Amount of Future Interest ......................................... $ 357,878.61 2. Value of Line I exempt from tax as amount passing to charities, etc. (also include as part of total shcwn on Line 13 of Cover Sheet) ...... 3. Value of Line ~lssing trg~ouse alr~propriate tax rate CheckOne I 16% ~3% ~ 10% ........... $ (also include as part of total shown on Line 15 of Cover Sheet) 4. Value of Line I taxable at lineal rate Check one ~]6% [~'] 4.5% ................ $ 357,878.61 (also include as part of total shown on Line 16 of Cover Sheet) 5. Value of Line 1 taxable at sluing rate (12%) (also include as part of total shown on Line 17 of Cover Shes ) ...... $ 6. Value of Line I taxable at cdlateral rate (15%) (also include as part of total shown on Line 18 of Cover Sheet) ...... $ 7. Tofal value of Future Interest (sum of Lines 2 thru 6 must equal Line 1) .................... $ 357,878.61 3W46AN 1000 (If more space is needed, insert additional sheets of the same size) REV- 1649 EX+ (1-97} SCHEDULE O COMMO.W Or PENNS LM .,^ ELECTION UNDER SEC. 9113(A) INHERITANCE TAX RETURN .ES,DE CECEOE.T {SPOUSAL DISTRIBUTIONS) ESTATE OF FILE NUMBER DONALD U. FRUTIGER 21-03-0047 Do not complete this schedule unless the estate is making the election to tax assets under Section 9113(A) of the Inheritance & Estate Tax Act. If the election applies to more than one trust or similar arrangement, a separate form must be filed for each trust. This election applies tothe C=edit Shelter T=~$t (Tru=t n) Trust (maritar, residuaJ, A, B, By-pass, Unified Credit, etc.) ~f a trust or similar arrangement meets the requirements of Section 9113(A), and: a. The trust or similar arrangement is listed in Schequle O, and b. The value of the trust or similar arrangement is entered in whole or in pa~ as an asset on Schedule O, then the transferor's personal representative may specifically identify the trust (all or a fTactional potion or percentage) to be included in the election to ha~ such trust or similar property treated as a taxable transfer in this estate. If less than the entire value of the trust or similar properb/is included as a taxabJe transfer on Schedule O, the personal representative shall be considered to have made the election only as to a fi'action of the trust or similar arrangement. The numerator of this fraction is equal to the amount of the trust or similar arrangement included as a taxable asset on Schequre O. The denominator is equal to the total value of the trust or similar arrangement. PART A: Enter the description and value of all interests, both taxable and non-taxable, regardless of location, which pass to the decedent's survivinq spouse under a Section 9113(A) trust or similar arran,qement. DESCPJPTIO N VALUE Donald Frutiger Trust B 513,124.39 Part A Total $ 513,124.39 PART B: Enter the description and value of all interests included in Part A for which the Section 9113 A) election to tax is being made. Donald Frutiger Trust B 513,124.39 Part B Total $ 513,124.39 3W46E21000 (If more space is needed, insert additional sheets of the same size) Cumberland County - Register Of Wills Hanover and High Street Carlisle, PA 17013 Phone: (717) 240-6345 Date: 11/10/2004 STEVENSON RICHARD W ESQ 100 PINE STREET P 0 BOX 1166 HARRISBURG, PA 17108-1166 RE: Estate of FRUTIGER DONALD U File Number: 2003-00047 Dear Sir/Madam: It has come to my attention that you have not filed the Status Report by Personal Representative (Rule 6.12) 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 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 will become delinquent on: 12/27/2004 Your prompt attention to this matter will be appreciated. Thank You. Sincere ly, ~ 9.~ x.;,',4 .... ,' Z...~ . ~.d..~d...,.J~. // GLENDA FARNER STP~ASBAUGH REGISTER OF WILLS cc: File Personal Representative(s) Judge COHHONNEALTH OF PENNSYLVANIA BUREAU OF INDIVIDUAL TAXES DEPARTHENT OF REVENUE INHERITANCE TAX ~IVISIDN DEPT. 2~601 HARRISBURG, PA 17128-0601 NOTICE OF INHER/TANCE TAX APPRAISEHENT, ALLO#ANCE OR DISALLO#ANCE OF DEDUCTIONS AND ASSESSHENT OF TAX REV-ZS~TEXAFP(01-O$) DATE 10-11-2004 ESTATE OF FRUTIGER DONALD U DATE OF DEATH 12-27-2002 FILE NUHBER 21 05-0047 COUNTY CUHSERLAND RZCHARD N STEVENSO~)~SQUb ]} ~ ' ~ :(_~5 ACN 101 HCNEES ETAL Amount Remitted PO SOX 1166 I HAKE CHECK PAYABLE AND REHZT PAYHENT TO: REGISTER OF HILLS CUHSERLAND CO COURT HOUSE CARLISLE, PA 17015 CUT ALONG THIS LINE ~ RETAIN LONER PORTION FOR YOUR RECORDS REV-1547 EX AFP (01-03) NOT/CE OF INHERITANCE TAX APPRAZSEHENT, ALLONANCE OR DZSALLONANCE OF DEDUCT/ONS AND ASSESSHENT OF TAX ESTATE OF FRUTIGER DONALD U FILE NO. 21 05-0047 ACN 101 DATE 10-11-2004 TAX RETURN NAS: ( ) ACCEPTED AS FILED (X) CHANGED SEE ATTACHED NOTICE RESERVATION CONCERNING FUTURE INTEREST - SEE REVERSE APPRAISED VALUE OF RETURN BASED ON: SUPPLEHENTAL RETURN NO. 01 1. Reel Estate (Schedule A) (1) .00 NOTE: To insure proper 2. Stocks and Bonds (Schedule B) (2) 9~678.24 credit to your account, $. Closely Held Stock/Partnership Interest (Schedule C) ($) .00 submit the upper portion ~. Nortgages/Notes Receivable (Schedule D) (q) .00 of this form ~ith your $. Cash/Bank Deposits/Nisc. Personal Property (Schedule E) ($) 298.02 tax payeent. 6. Jointly O~ned Property (Schedule F) (6) .00 7. Transfers (Schedule 6) (7) .00 8. To,al Assets (8) 9,976.26 APPROVED DEDUCTIONS AND EXEHPTZONS: ~0.00 9. Funeral Expenses/Adm. Costs/H/sc. Expenses (Schedule H) (9) 10. Debts/Hortgage Liabilities/Liens (Schedule Z) (10) .00 11. Tote1 Deductions (11) ~0.00 12. Net Value of Tax Return (12) 9,946.26 1~. Charitable/Governmental Bequests~ Non-elected 9115 Trusts (Schedule J) (15) .00 1~. Nat Value of Estate Subject to Tax (lq) 765,787.02 NOTE: Zf an assessment ~as issued previously, lines 1~, 15 and/or 16, 17, 18 and 19 will reflect figures that include the total of ALL returns assessed to date. ASSESSMENT OF TAX: 16. Amount of Line 1~ at Spousal rata (15) 405,908.41 X O0 = .00 16. Amount of Line 1~ taxable at Lineal/Class A rata (16) 6,957.02 x 045 = $12.17 17. Amount of Line 1~ at Sibling rate (17) .00 X 12 = .00 18. Amount of Line 1~ taxable a~ Collateral/Class B rata (18) .00 X 15 = .00 19. Principal Tax Due (19)= ~12.~7 TAX CREDITS PAYMENT RECEIPT DISCOUNT ANOUNT PAID DATE NUNBER INTEREST/PEN PAID (-) 08-24-2004 CD004505 12.16- TOTAL TAX CREDIT $12.17 BALANCE OF TAX DUEI .00 INTEREST AND PEN. .04 TOTAL DUE .04 IF pATD AFTER DATE INDICATED, SEE REVERSE ( IF TOTAL DUE TS LESS THAN $1, NO PAYNENT IS REgUIRED. FOR CALCULATION OF ADDITIONAL INTEREST. IF TOTAL DUE IS REFLECTED AS A "CREDIT" (CR), YOU HAY BE DUE A REFUND. SEE REVERSE SIDE OF THTS FORN FOR INSTRUCTIONS.) RESERVATION: Estates of decedents dying on or before December 1Z, 1982 -- if any future interest in tho estate is transferred in possession or enjoyment to CZass B (collateral) beneficiaries of the decedent after tho expiration of any estate for life or for years, the Commonwealth hereby expressly reserves the right to appraise and assess transfer Inheritance Taxes at tho lawful Class B (collateral) rate on any such future interest. PURPOSE OF NOTICE: To fulfill the requirements of Section 21~0 of the Inheritance and Estate Tax Act, Act Z5 of 2000. (72 P.S. Section 91~0). PAYNENT: Detach the top portion of this Notice and submit with your payment to the Register of Hills printed on the reverse side. --Hake check or money order payable to: REGISTER OF NXLLS, AGENT REFUND (CR): A refund of a tax credit, which was not requested on the Tax Return, may be requested by completing an "Application for Refund of Pennsylvania Inheritance and Estate Tax" (REV-1515). Applications ara available at the Office of the Register of Hills, any of the 25 Revenue District Offices, or by calling the special Z~-hour answering service for forms ordering: 1-800-56Z-Z050; services for taxpayers with special hearing and / or speaking needs: 1-800-q47-30ZO (TT only). OBJECTIOHS: Any party in interest not satisfied with the appraisement, allowance, or disallowance of deductions, or assessment of tax (including discount or interest) as shown on this Notice must object within sixty (60) days of receipt of this Notice by: --written protest to the PA Department of Revenue, Board of Appeals, Dept. 281021) Harrisburg, PA 17128-1021) OR --election to have the matter determined at audit of the account of the personal representative, OR --appeal to the Orphans' Court. ADMIN- ISTRATIVE CORRECTIONS: Factual errors discovered on this assessment should ba addressed in writing to: PA Department of Revenue, Bureau of Individual Taxes, ATTN: Post Assessment Review Unit) Dept. Z80601, Harrisburg, PA 171Z8-0601 Phone (717) 787-6505. Sea page 5 of the booklet "Instructions for Inheritance Tax Return for a Rmsidant Decedent" (REV-IS01) for an explanation of administratively correctable errors. DISCOUNT: If any tax due is paid within three (5) calendar months after the dacedant's death, a five percent (SI) discount of the tax paid is allowed. PENALTY: The 15Z tax amnesty non-participation penalty is computed on the total of thm tax and interest assessed, and not paid before January 18, 1996, the first day after the and of the tax amnesty period. This non-participation penalty is appealable in the same manner and in the the same time period as you mould appeal the tax and interest that has bean assessed as indicated on this notice. INTEREST: Intmrest is charged beginning with first day of delinquency, or nine (9) months and one (1) day from the date of death, to the date of payment. Taxes mhich became delinquent before January 1, 198Z bear interest at the rate of six (6X) percent per annum calculated at a daily rate of .00016q. Al1 taxes which became delinquent on and after January l, 19BZ will bear interest at a rate mhich will vary from calendar year to calendar year with that rate announced by the PA Department of Revenue. The applicable interest rates for 1982 through ZO0~ ara: Interest Daily Interest Daily Interest Daily Year Rate Factor Year Rate Factor Year Rate Factor ~ ZOZ .0005~8 ~'8-1991 X1Z .000501 ~ 9Z .000247 1985 162 .000~38 1992 92 .000Z47 ZOOZ 62 .000164 1984 llZ .000501 199~-199~ 7Z .O0019Z 2005 52 .000157 1985 15Z .000S56 1995-1998 9Z .000247 2004 ~Z .000110 1986 lOX .000Z74 1999 7Z .OOOlgZ 1987 lOZ .000274 ZOO0 72 .00019Z --Interest is calculated as follows: INTEREST = BALANCE OF TAX UNPAID X NURBER OF DAYS DELINQUENT X DAILY INTEREST FACTOR --Any Notice issued after the tax becomes delinquent will reflect an interest calculation to fifteen (15) days beyond the date of the assessment. If payment is made after the interest computation date shown on the Notice, additional interest must be calculated. REV-1470 EX (9-86)  INHERITANCE TAX EXPLANATION COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF REVENUE OF CHANGES BUREAU OF INDMDUAL TAXES PO Box. 280601 HARRISBURGI PA 17128-0601 IFILE NUMBER DECEDENT'S NAME Donald U. Frutiger 2t 03-0047 ACN REVlEVVED BY Bill Lyons t 01 ITEM EXPLANATION OF CHANGES SCHEDULE NO. The previously reported information has been removed from the return. ROW Page 1 STATUS REPORT UNIDER RULE 6.12 Name. of Decedent: DONALD U. FRUTIGER Date of Death: December 27, 2002 Will No.: Admin. No.: 2003-00047 Pursuant to Rule 6.12 of the Supreme Court Orphans' Court R-les, I report the following with respect to completion of the administration of the above-captioned estate: 1. State whether administration of the estate is complete: Yes [] No 2. It'the answer is No, state when the personal representative reasonably believes that the administration will be complete: 3. If the answer to No. 1 is Yes, state the following: a. Did the personal representative file a final account with the Court? Yes _ No [--] b. The separate Orphans' Court No. (if any) for the personal representative's account is: c.Did the personal representative state an account informally to the parties in interest? Yes [] No I--l- c. Conies of receipts, releases, joinders and approval of formal or '~;~al accounts may be file~'t~ the Clerk of th~xOrphans' Court and may be attached to this repo~. ~,~ Richard W. Stevenson, Esq. Name co McNees Wallace & Nurick LLC ~ ':-( 100 Pine Street, P.O. Box 1166 Ga ~ Ci Address =? u~© CZ, Harrisburg, PA 17108 0 Cc=--,`::. ~717) 237-5208 oa _u < ~-:: Telephone No. _=- c~ Cat~acity: [-] Personal Reo~entative ~ [~ Counsel for personal representative