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Home My WebLink About03-0087 PETITION FOR PROBATE and GRANT OF LETTERS Estateof GEORGE B. FALLER No: also known as To: Register of Wills for the Deceased. County of Cumberland in the Social Security No. 191-18-2818 Commonwealth of Pennsylvania The petition of the undersigned respectfully represents that: Your petitioner(s) is(are) 18 years of age or older and the Executrix named in the last will of the above decedent, dated December 28, 1999 and codicil(s) dated [none]. (state relevant circumstances, e.g., renunciation, death of executor, etc.) Decedent was domiciled at death in Cumberland County, Pennsylvania, with his last family or principal residence at 380 Wilson Street, Borough of Carlisle. Decedent, then 83 years Of age, died October 13, 2002, at 380 Wilson Street, Carlisle, Pennsylvania. Except as follows, decedent did not marry, was not divorced and did not have a child born or adopted after execution of the will offered for probate; was not the victim of a killing and was never adjudicated incompetent: Decedent at death owned property with estimated values as follows: (If domiciled in Pa.) All personal property $ unestimated (If not domiciled in Pa.) Personal property in Pennsylvania -"'~;" ' $'~: : (If not domiciled in Pa.) Personal property in County $ Value of real estate in Pennsylvania $ situated as follows: WHEREFORE, petitioner(s) respectfully request(s) the probate of the last will and codicil(s) presented herewith and the grant of letters testamentary theron. Ursula Elaine Faller 380 Wilson Street Carlisle, PA 17013 OATH OF PERSONAL REPRESENTATIVE COMMONWEALTH OF PENNSYLVANIA ) : SS. COUNTY OF CUMBERLAND ) The petitioner above-named swears or affirms that the statements in the foregoing petition are tree and correct to the best of the knowledge and belief of petitioner and that as personal representative of the above decedent, petitioner will well and truly administer the estate according to law. Sworn to or affirmed and subscribed -~q.w~f~. before me this 28th day of Ursula Elaine Faller JANUARY ' -?z~--' Estate of George B. Failer, Deceased DECREE OF PROBATE AND GRANT OF LETTERS AND NOW, dAN U^R ¥ 29, 2003 , in consideration of the petition on the reverse side hereof, satisfactory proof having been presented before me, IT IS DECREED that the instrument(s) dated December 28, 1999 described therein be admitted to probate and filed of record as the last will of George B. Faller and Letters Testamentary are hereby granted to Ursula Elaine Faller. PageWill Book # 1 ltl 8 -- - k. ~egister of Wills (~ (J ~ FEES Ivo V. Otto III, Esquire, (49813) Probate, Letters, Etc. $ 375,00 ^rrom,~Ev (Sup. ct. I.D. NO. ) Short Certificates ( ) $ 15.00 MARTSON DEARDORFF WILLIAMS & OTTO ll~c.~t~(~X Extra Pages $ ~7. On 10 East High Street dcp $ ~0.00 Carlisle, PA 17013 TOTAL $ 427.00 (717) 243-3341 Filed ~-29-2003 Called Atty on ~-29-2003 FSFILES~DATAFILE~ESTATES\72684-petition.I~' H~05305MS REV.(09101) This is to certify that this is a true copy of' the record which is on file in the Pennsylvania Division of' Vital Records in accordance with Act 66, P.L. 304, approved by the General Assembly, June 29, 1953. WARNING: It is illegal to duplicate this copy by photostat or photograph. Robert S.(Zjm~erman, Jr., MPH Charles Hardester Secretary of' Health State Registrar 0 2.1. 7 7 2 6 .0v o No. Date HI0S.~.I R~, ~/87 COMMONWEALTH OF PENNSYLVANIA ' DEPARTMENT OF HEALTH ' VITAL RECORDS ~Y.~,.,.,.~ CERTIFICATE OF DEATH ~'"" '. ~e B. Failer ,.~le ~. 191 -- 18 -- 2818 ,. ~to~r 13, 2~2 · ~ I I /~- I~. FA I~ I . ,,, Atto~ey ,,~ Law Pie I,,. I,,. [ ~+ ,,. ~i~ ,,. g~aine. ~eas 3~ Wil~n St. ~ ~ ,,. John Feller ,,. Helen Schr~er ~ om,,~t~r 1t., 2~2 St. Patrick C~te~ 1~ E. P~fret St. ~rlisle = {LCENSE~MER ~E~~ Hoff~-Roth ~eral H~ "la,. O131~-L ~.219 N. Hanover St., ~rlisle PA 17013 . m~. la~. m~. ~ ........................... : ....................... THREE SPRINGS FAMILY PRACTICE F:~FILES'ff)ATAFILE\WILLS~7268*h.wil. I . , LAST WILL AND TESTAMENT I, GEORGE B. FALLER, of the Borough of Carlisle, Cumberland County, Pennsylvania, being of sound and disposing mind and memory, do hereby make, publish and declare this to be my Last Will and Testament, hereby revoking any and all former Wills or Codicils by me made. ITEM ONE I direct that all my legally enforceable debts, funeral expenses, testamentary expenses and all inheritance taxes shall be paid to the extent possible from those assets held or passing under ITEM FOUR hereof as soon as practicable after my decease and as part of the administration of my estate. ITEM TWO I give all of my personal and household effects, automobiles, boats and collections, if any, and any insurance policies thereon, unto my spouse, URSULA ELAINE FALLER, if my spouse survives me by thirty (30) days; otherwise, the same shall be appraised and shall be allocated among my children as they shall agree with the value of such items as are allocated among them debited from their share of my estate. My Executrix shall sell any property as to which there is no such agreement within six (6) months after the admission of this Last Will and Testament to probate and shall add the proceeds to the residue of my estate. ITEM THREE I bequeath the sum of Five Thousand Dollars ($5,000.00) to ST. PATRICK CATHOLIC CHURCH, Carlisle, Pennsylvania, provided, however, that said sum shall be used only for, or toward, repair or restoration of the pipe organ in the Shrine~Church. ITEM FOUR If my spouse, URSULA ELAINE FALLER, survives me, in order to obtain the portion of the marital deduction allowed in my estate by the Federal tax laws that will eliminate all Federal estate taxes payable as a result of my death, my Executrix shall divide my residuary estate into two portions known as the "Marital Trust" and the "Credit Trust." The Marital Trust, which shall not be reduced by any taxes payable by reason of my death, G.B.F. Page 1 of 10 shall be that fractional proportion of the entire residuary estate determined as follows: The numerator of such fractional proportion of my residuary estate shall be the smallest amount which, if allowed as a marital deduction, would result in the least possible Federal estate tax being payable as a result of my death, after allowing for the unified credit against Federal estate tax and all available credits and deductions claimed. The numerator shall be reduced by the value of any other property which passes to my said spouse which qualifies for the marital deduction and reduced by that amount, if any, which, when added to my taxable estate, will result in Federal estate tax no larger than the credit for State death taxes allowed in my estate without increasing any State death taxes payable as a result of my death. The denominator of this fraction shall be the value of the entire residuary estate. Values assigned to the property for the purposes of this computation shall be those values finally determined for Federal estate tax purposes. The Marital Trust shall be held and managed by my Trustee(s) in accordance with ITEM FIVE of this my Last Will and Testament. The Credit Trust shall be held and managed by my Trustee(s) in accordance with ITEM SIX of this my Last Will and Testament. My Executrix shall have the power to distribute assets in cash or in kind to the Marital Trust and to the Credit Trust and to select specific property to be distributed to the Marital Trust or the Credit Trust without regard to the income tax basis on such property. In making these allocations, my Executrix shall use the value of the assets as of the date or dates of distribution so that each distribution shares proportionately in the appreciatiori or depreciation of assets between the date of my death and the date or dates for distribution. However, no allocation of assets shall be made to the Marital Trust which does not qualify for the marital deduction. To the extent that other assets which qualify for the marital deduction are available, there shall not be allocated to the Marital Trust (a) assets with respect to which an estate tax credit for foreign taxes paid is allowable or (b) any payments under an employees trust or retirement annuity contract of the type described in Section 2039(c) of the Internal Revenue Code or subsequent provisions of similar import or (c) United States Treasury Bonds that are eligible for redemption at par value in payment of the Federal estate tax. Page 2 of 10 In computing the marital deduction all generation-skipping transfers for which I am the "deemed transferor" shall be disregarded. If I am not survived by my spouse, I give, devise and bequeath all of the rest, residue and remainder of my estate, both real and personal property, unto my Trustee to be held or distributed by such Trustee under ITEM SIX (c) through (e) hereof. Ifmysaid spouse survives me and disclaims any portion of the Marital Trust, such portion shall be added to the Credit Trust. If my said spouse and I die simultaneously, or under circumstances which render it difficult to determine who died first, my said spouse shall be deemed to have survived me for all purposes of this my Last Will and Testament. ITEM FIVE MARITAL TRUST My Trustee(s) shall hold the assets received under ITEM FOUR hereof, if any, for the following purposes: (a) To pay the net income, at least quarter-annually, to my spouse, URSULA ELAINE FALLER, for life. In addition, my Trustee(s), in their sole discretion, may invade the principal of the Trust to provide for the proper and adequate support of my spouse, URSULA ELAINE FALLER. (b) My spouse, URSULA ELAINE FALLER, may at any time or times during her lifetime by instrument in writing delivered to my Trustee(s) appoint any part or all of the principal to or in trust for any one or more persons or entities.~' ~' (c) Upon the death of my spouse, URSULA ELAINE FALLER, the principal and any accrued and undistributed income of the Marital Trust shall be held in trust hereunder or distributed to or in trust for such appointee or appointees (including the estate of my said spouse, with such powers and in such manner and proportions as my spouse may appoint by her Will, making specific reference to this power of appointment. I intend that the Marital Trust shall qualify for the Federal Estate Tax Marital Deduction in my estate. (d) Upon the death of my spouse, URSULA ELAINE FALLER, any part of the principal G.B.F. Page 3 of 10 and accrued and undistributed income, as well as any portion of the Marital Trust not effectively appointed shall be added to or used to fund the Credit Trust, except that, unless my spouse, URSULA ELAINE FALLER, directs otherwise by her Will, the Trustee shall first pay from the principal of the Marital Trust, directly or to legal representative of my said spouse's estate as my Trustee deems advisable, the amount by which estate and inheritance taxes assessed by reason of the death of my spouse, URSULA ELAINE FALLER, shall be increased as a result of the inclusion of the Marital Trust in my spouse's estate for such tax purposes. The Trustee's selection of assets to be sold to pay that amount, and tax effects thereof, shall not be subject to question by any beneficiary. ITEM SIX CREDIT TRUST My Trustee(s) shall hold the assets received under ITEM FOUR hereof, if any, for the following purposes: (a) To pay the net income, at least quarter-annually, to my spouse, URSULA ELAINE FALLER, for life. In addition, my Trustee(s), in their sole discretion, may invade the principal of the trust to provide for the proper and adequate support of my said spouse. (b) My Trustee(s) shall pay to my spouse, URSULA ELAINE FALLER, annually, such sum from the principal of the trust as my spouse may request in writing, provided, however, that said sum may not exceed the greater of Five Thousand Dollars ($5,000.00) or five percent (5%) of the aggregate value, at the time of said request, of the principal of the trust hereunder. (c) Upon the death of my spouse, URSULA ELAINE FALLER, my Trustee shall distribute the principal of the trust to my children, DAVID JOHN FALLER, MICHAEL J. FALLER, CONSTANTINE P. FALLER, NANCY A. FALLER~ THERESE FRANCES FALLER, MARY E. POLSTER, GEORGE B. FALLER, JR. and HELEN C. HAYSSEN, in equal shares, absolutely. (d) In the event that any of my said children shall fail to survive my spouse and me, but shall leave issue surviving, then such deceased child's share shall be held by my Trustee and the net income therefrom shall be used for the support, maintenance and education of the issue of such deceased child. My Trustee shall use as much of the principal as they shall deem desirable for said Page 4 of 10 purposes. My Trustee shall distribute absolutely the principal of such share of such deceased child to the issue of such deceased child per stirpes as each shall attain the age of twenty-one (21) years. In the event that any of my children shall fail to survive my spouse and me and not leave issue surviving, then such deceased child's share shall be added to the shares of my other children as if originally a part thereof. (e) Notwithstanding any other provisions to the contrary, in no event shall any share be distributed to any beneficiary later than twenty (20) years after the later of the death of my spouse or me. ITEM SEVEN POWERS OF EXECUTRIX AND TRUSTEE(S) In addition to the powers conferred by case law, by statute, and by other provisions hereof, my Executrix and Trustee(s) and their successors, shall have the following discretionary powers applicable to all property held by them which powers shall be effective without order of any court and shall exist until final distribution: (a) To retain any property of any nature received by them for whatever period they shall deem advisable; (b) To invest and reinvest all or any part of said property in such stocks, bonds, common trust funds, securities, accounts, certificates of deposit (including, but not limited to, stocks, bonds, common trust funds, securities, accounts or certificates of deposit of the Trustee) or other property, real or personal, as in their discretion they shall deem proper, without regard to statutes limiting the property which a fiduciary may purchase; (c) To sell, transfer, exchange or otherwise dispose of, any part of said property, for cash or on terms, publicly or privately, or to lease, even fora term exceeding five (5) years or the duration of any trust herein, without liability on the purchasers or lessees to see to the application of the proceeds, and to give options for these purchases without the obligation to repudiate them in favor of a higher offer; (d) To execute and deliver any deeds, leases, assignments or other instruments as may be necessary to carry out the provisions of any trust hereunder; G.B.F. Page 5 of 10 (e) To borrow money, including the right to borrow money from any bank and to mortgage or pledge any asset of the estate as security; (0 To assume continuance of the status of any beneficiary with regard to death, marriage, divorce, illness, incapacity and the like in the absence of information deemed reliable without liability for disbursements made on such assumption; (g) To pay fi.om the trust, or the income therefrom, all debts or claims against my estate, or any taxes or similar charges on my estate; (h) To make any distribution hereunder either in kind or in money, or partially in kind and partially in money. Distribution in kind shall be made at the market value of the property distributed, and my Trustee(s), in their absolute discretion, may cause the share distributed to any distributee to be composed of property similar to or different from that distributed to any other distributee; (i) To exercise any subscription right in connection with any security held hereunder, to consent to or participate in any recapitalization, reorganization, consolidation or merger of any corporation, company or association, the securities of which may be held hereunder, to delegate authority with respect thereto, to deposit investments under agreements, to pay assessments, and generally to exercise all rights of investors; (j) To invest in endowment, insurance or annuity policies on the lives of beneficiaries of any trust hereunder; (k) To continue in any partnership, joint venture, joint ownership or other business enterprise of which I am a part at the time of my death; (1) To compromise claims; (m) To continue for whatever period of time as they shall deem necessary any ownership as a tenant in common or as a partner, in real estate or other property and to act as I could have done had I been living; (n) To lend money to my estate or to any trust created hereunder or to purchase from the estate or from any trust created hereunder, at the market value thereof at the time of purchase, any securities or other property tendered to them by my estate or any trust created hereunder at any time G.B.F. Page 6 of 10 and from time to time within a period of nine (9) months after my death; (o) In the event that any amounts are payable hereunder or under any trust created hereunder to a minor, or to a person otherwise under legal disability, or to a person not adjudicated incapacitated, but who, by reason of illness or mental or physical disability is, in the opinion of fiduciary(ies) hereunder, unable to properly administer such amounts, such amounts may be paid by the fiduciary(ies) hereunder in his, her or their sole discretion in any of the following ways as he, she or they may deem best: (1) Directly to such beneficiary; (2) To a legally appointed guardian of such beneficiary for the benefit of such beneficiary; (3) To a person having custody of such beneficiary for the benefit of such beneficiary; (4) By the fiduciary(ies) hereunder using such amounts directly to the benefit of such beneficiary. (p) To employ agents, attorneys and proxies and to delegate to them such power as my personal representatives and Trustees consider desirable and to pay reasonable compensation for such services as may be rendered by such agents, attorneys and proxies; (q) To conduct an inventory of any safe deposit box necessary to the administration of my estate. (r). To do all other acts in their judgment necessary or desirable for the proper management, investment and distribution of my Estate. ~ ITEM EIGHT PROTECTIVE PROVISIONS All income or principal held for the use and benefit of the beneficiaries of any trust hereunder shall not be in any way or manner subject to anticipation, assignment, pledge, sale or transfer, nor shall any such interest, while in the possession of my Trustee(s), be liable for or subject to the debts, contracts, obligations, liabilities or torts of any beneficiary, or to attachments, executions or sequestrations under process of law. G.B.F. Page 7 of 10 ITEM NINE APPOINTMENT OF EXECUTRIX AND TRUSTEE(S) I nominate, constitute and appoint my spouse, URSULA ELAINE FALLER, as Executrix of my estate. In the event that my said spouse shall predecease me or fail to act as Executrix, then my daughter, THERESE FRANCES FALLER, and KEYSTONE FINANCIAL BANK, N.A. of Carlisle, Pennsylvania, shall serve as Executors of my estate. I nominate, constitute and appoint my spouse, URSULA ELAINE FALLER, and JOHN OSZUSTOWlCZ, J.D. as Trustees of any trust created hereunder. In the event that both of said Trustees shall fail or be unwilling to continue to act as Trustee, then I appoint KEYSTONE FINANCIAL BANK, N.A. to act as Trustee of any trust created hereunder. A majority of all income beneficiaries of the trust or trusts created under this Will may from time to time remove any corporate trustee then acting for reasonable cause and substitute another corporate trustee; provided, however, that such successor corporate trustee shall not be a related or subordinate to any one or more of the beneficiaries hereunder within the meaning of Internal Revenue Code §672(c) or successor provisions. When the removed corporate trustee has received written notice of its removal and has been notified in writing by its successor corporate trustee of the latter's acceptance, the removed corporate trustee shall surrender all books, records, and assets in its possession comprising any portion of the trust or relating to the trust. In no event shall the removed corporate trustee charge a "termination fee" based on a percentage of trust assets as a result of such removal but shall be entitled only to charge such fee as fairly represents the cost of any accounting required by the beneficiaries or successor corporate trustee as part of such removal and substitution. The removed corporate trustee shall not be relieved of liability until its successor has qualified and the removed trustee's accounting, if applicable, has been settled or the beneficiaries and successor corporate trustee have otherwise accepted an account stated in lieu of a formal accounting. As used in this paragraph, the term "reasonable cause" includes, but is not limited to: (1) poor investment performance, (2) the removal of all current income beneficiaries from the state in which the corporate trustee is licensed to conduct business as a corporate trustee, (3) inattention to the reasonable needs of the beneficiaries, (4) lack of communication between trustee and G.B.F. Page 8 of 10 beneficiaries, (5) inaccurate or unclear transaction statements or statements of account, (6) conflicts between the corporate trustee and the beneficiaries, (7) merger, acquisition or deteriorating financial condition of the corporate trustee, or (8) high turnover of account officers assigned to any trust under this Will. ITEM TEN WAIVER OF BOND I direct that neither my Executrix nor my Trustee(s) or their successors shall be required to file any bond in any jurisdiction to secure the faithful performance of their duties, nor shall they be required to obtain any order or approval of any court for the exercise of any power or discretion set forth in this Will. IN WITNESS WHEREOF I have hereunto set my hand and seal this ~ ~2-~dday of org~ B. ~aller SIGNED, SEALED, PUBLISHED AND DECLARED by the above-named Testator, as and for his Last Will and Testament, in the presence of us, who at his request, have hereunto subscribed our names as witnesses thereto, in the presence of the said Testator and of each other. Page 9 of 10 COMMONWEALTH OF PENNSYLVANIA ) : SS. COUNTY OF CUMBERLAND ) I, George B. Faller, Testator, whose name is signed to the attached or foregoing instrument, having been duly qualified according to law, do hereby acknowledge that I signed and executed the instrument as my Last Will; that I signed it willingly; and that I signed it as my free and voluntary act for the purposes therein expressed. George B~aller g&Swom or affirmed to and acknowledged before me by George B. Faller, the Testator, this ~ day of ~,Q-~-~~e~,' ,/~. COR..RINE L. MYERS, Notary Public/- Car.sle Boro, CumbedandCounlv Notary Public omrnissior~ Expires May 27, 2003 COMMONWEALTH OF PENNSYLVANIA ) :SS. COUNTY OF CUMBERLAND ) the witnesses whose names are signed to the attached or foregoing instrument, being duly qualified according to law, do depose and say that we were present and saw George B. Failer, the Testator, sign and execute the instrument as his Last Will; that the Testator signed willingly and that the Testator executed it as his free and voluntary act for the purposes therein expressed; that each of us, in the hearing and sight of the Testator, signed the Will as witnesses; and that to the best of our knowledge the Testator was at that time 18 or more years of age, of sound mind and under no constraint or undue influence. Address Sworn or affirmed to and subscribed before me this ~ 2~ day of NOI^R~At S~t Notary Public CORRINE L. MYERS, Notary Public Carlisle Boro, CumberlandCounlv ,?". ?7?Tis:~i0n F~@i.re~s ~,ay 27 2003 Page 10 of 10 W ILL L)I4 GEORGE B. FALLER PREPARED BY: MARTSON DEARDORFF WILLIAMS & OTTO ATTORNEYS & COUNSELLORS AT LAW TEN EAST HIGH STREET CARLISLE, PENNSYLVANIA 17013 TELEPHONE (717) 243-3341 F:\FILES\DATAFILE\ESTATES\7268.4.notice.cen CERTIFICATION OF NOTICE UNDER RULE 5.6(a) Name of Decedent: George B. Faller Date of Death: October 13, 2002 File No. 21-03-87 To the Register: I certify that notice of estate administration required by Rule 5.6(a) of the Orphans' Court Rules was served on or mailed to the following beneficiaries of the above-captioned estate on or about March 5, 2003. Ursula Elaine Faller Constantine P. Faller George B. Faller, Jr. 380 Wilson Street P.O. Box 58 1115 Fleetwood Drice Carlisle, PA 17013 Amesville, OH 45711-0058 Carlisle, PA 17013 St. Patrick Catholic Church Nancy A. Faller Helen C. Hayssen 140 E.Pomfret Street 380 Wilson Street 4135 Bayside Road Carlisle, PA 17013 Carlisle, PA 17013 Maple Plain, MN 55259 David John Faller Therese Frances Faller John C. Oszustowicz, J.D. 260 West South Street 6014 Nassau Avenue 236 Pomfret Street Carlisle, PA 17013 Springfield, VA 22152 Carlisle, PA 17013 Michael J. Faller Mary E. Polster 1125 S. Spring Garden St. 6833 Corder Lane Carlisle, PA 17013 Mount Air, VA 22079 Notice has now been given to all persons entitled thereto under Rule 5.6(a) except: N/A Date: March 5, 2003 Signature Name Ivo V. Otto llI, Esquire MARTSON DEARDORFF WILLIAMS & OTTO Ten East High Street ~ Carlisle, PA 17013 (717) 243-3341 ~ Attorneys for Personal Representative COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF REVENUE REV-11 62 EX(11-96) BUREAU OF INDIVIDUAL TAXES DEPT. 280601 HARRISBURG, PA 17128-0601 PENNSYLVANIA RECEIVED FROM: INHERITANCE AND ESTATE TAX OFFICIAL RECEIPT NO. CD 002793 OTTO IVO VICTOR III ESQUIRE 10 E HIGH STREET CARLISLE, PA 17013 ACN ASSESSMENT AMOUNT CONTROL NUMBER ........ fold 101 $15,07B.23 ESTATE INFORMATION: SSN: 191-18-2818 FILE NUMBER: 2103-0087 DECEDENT NAME: FALLER GEORGE B DATE OF PAYMENT: 07/11/2003 POSTMARK DATE: 00/00/0000 COUNTY: CUMBERLAND DATE OF DEATH: 10/13/2002 TOTAL AMOUNT PAID: $15,078.23 REMARKS: IVO V OTTO ESQUIRE CHECK# 9869 INITIALS: AC SEAL RECEIVED BY: DONNA M. OTTO DEPUTY REGISTER OF WILLS REGISTER OF WILLS COMMO.W~,,,OF,E.,S~,V*.~, INHERITANCE TAX RETURN h'E.UMeE. DEPARTMENT OF REVENUE DERT. 2~0~ RESIDENT DECEDENT 2] 03 00087 HARRISBURG, PA 17128-0601 COUNTY CODE YEAR NUMBER DECEDENT'S NAME (LAST, FIRST, AND MIDDLE INITIAL) SOCIAL SECURITY NUMBER l FALLER, GEORGE B. 191 - 18-2818 i DATE OF DEATH (MM-DD-YEAR) DATE OF BIRTH (MM-DD-YEAR) THIS RETURN MUST BE FILED IN DUPLICATE WITH THE 10/13/2002 12/20/1918 REGISTER OF WILLS IF APPLICABLE) SURVIVING SPOUSE'S NAME ( LAST, FIRST AND MIDDLE INITIAL) SOCIAL SECURITY NUMBER FALLER, URSULA ELAINE ! 194-12-1155 [] 1. Original Retum [] 2. Supplemental Return [] 3. Remainder Return (date of death prior to 12-13-82) ~ [] 4. Limited Estate [] 4a. Future Interest Compromise (date of death after 5. il 12-12-82) [] Federal Estate Tax Return Required o, [] 6. Decedent Died Testate (Attach copy [] 7. Decedent Maintained a Living Trust (Attach 0 8. Total Number of Safe Deposit Boxes aa of Will) copy of Trust) < [] 9. Litigation Proceeds Received [] 10. Spousal Poverty Credit (date of death between [] 11. Election to tax under Sec. 9113(A)(AnachSchO) - - 12-31-91 and 1-1-95) NAME COMPLETE MAILING ADDRESS ' ..... IRM NAME (If applicable) L Martson Deardorff Williams & Otto Ten East High Street TTELEPHONE NUMBER Carlisle, PA 17013 717/243-3341 1. Real Estate (Schedule A) (1) None ~. 2. Stocks and Bonds (Schedule B) (2) 607,822.09 ~ 3. Closely Held Corporation, Partnership or Sole-Proprietorship (3) None r- .. 4. Mortgages & Notes Receivable (Schedule D) (4) None --' 5. Cash, Bank Deposits & Miscellaneous Personal Property (5) 3,04 0.99 (Schedule E) -~. 6. Jointly Owned Property (Schedule F) (6) None "~ · ~ [] Separate Billing Requested 7. Inter-Vivos Transfers & Miscellaneous Non-Probate Property (7) None (Schedule G or L) <a' 8. Total Gross Assets (total Lines 1-7) (8) 6 ,- 9. Funeral Expenses & Administrative Costs (Schedule H) (9) 15,63 6.3 0 10. Debts of Decedent, Mortgage Liabilities, & Liens (Schedule I) (10) 11. Total Deductions (total Lines 9 & 10) (11 ) ] 5,63 6.3 0 12. Net Value of Estate (Line 8 minus Line 11) (12) 595,226.78 13. Charitable and Govemmental Bequests/Sec 9113 Trusts for which an election to tax has not been (13) made (Schedule J) 5,000.00 14. Net Value Subject to Tax (Line 12 minus Line 13) (14) 590,226.78 SEE INSTRUCTIONS ON REVERSE SIDE FOR APPLICABLE RATES 15. Amount of Line 14 taxable at the spousal tax rate, 2 5 5, ] 5 5.0 4 x .00 (15) 0.0 0 or transfers under Sec. 9116(a)(1.2) ~ 16. Amount of Line 14 taxable at lineal rate 335,07 !.74 x .045 (16) ~ 15,078.23 o~ i 17.Amount of Line 14 taxable at sibling rate x .12 (17) ~ i 18. Amount of Line 14 taxable at collateral rate x .15 (18) ' 19. Tax Due (19) ]5,078.23 20. [] Copyright 2000 form software only The Lackner Group, Inc. Form REV-1500 EX (Rev. 6-00) 'Decedent's Complete Address: STREET ADDRESS 380 Wilson Street STATE [ZIP ICilY Carlisle PA f 17013 Tax Payments and Credits: 1. Tax Due (Page I Line 19) (1) ____15,078.23 2. Credits/Payments A. Spousal Poverty Credit B. Prior Payments C. Discount Total Credits (A + B + C) (2) 0.00 3. Interest/Penalty if applicable D. Interest E. Penalty Total Interest/Penalty (D + E) (3) 0.00 4. If Line 2 is greater than Line 1 + Line 3, enter the difference. This is theOVERPAYMENT. (4) Check box on Page l Line 20 to request a refund 5. If Line 1 + Line 3 is greater than Line 2, enter the difference. This is theTAX DUE (5) 15,078.23 A. Enter the interest on the tax due. (SA) B. Enter the total of Line 5 + 5A. This is theBALANCE DUE (SB) 15,078.23 Make Check Payable to: REGISTER OF WILLS, AGENT PLEASE ANSWER THE FOLLOWING QUESTIONS BY PLACING AN "X" IN THE APPROPRIATE BLOCKS 1. Did decedent make a transfer and: Yes No a. retain the use or income of the property transferred; ............................................................................. [~ ~ b. retain the right to designate who shall use the property transferred or its income; ................................ c. retain a reversionary interest; or ......................................................................................................... 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 cons derat on? ................................................................................................................. [] [] 3. Did decedent own an "in trust for" or payable upon death bank account or secudty at his or her death? ......... [] [] 4. Did decedent own an Individual Retirement Account, annuity, or other non-probate property which contains a benefic ary des gnat on? ................................................................................................................ [] [] 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 preparer other than the personal representative is based on all information of which preparer has any knowledge. SIGNATURE~~ ~ -.-----'"~.OF PERSON RESPONSIBLE FOR FILING R_~TURN ADDRESS DATE V:~_~ 380 Wilson Street Carlisle, PA 17013 )V//~/~/~D._ff_ SPONSIBLE FOR FILING RETURN ADDRESS DATE Ivo V. Otto III, EsquireTen East High Street Carlisle, PA 17013 For dates of death on or after July 1, 1994 and before January 1, 1995, the tax rate imposed on the net value of transfers to or for the use of the surviving spouse is 3% [72 P.S. {}9116 (a) (1.1) (i)]. For dates of death on or after January 1, 1995, the tax rate imposed on the net value of transfers to or for the use of the surviving spouse is 0% [72 P.S. {}9116 (a) (1.1) (ii)]. The statutedoes not exempt a transfer to a surviving spouse from tax, and the statutory requirements for disclosure of assets and filing a tax return are still applicable even if the surviving spouse is the only beneficiary. For dates of death on or after July 1, 2000: The tax rate imposed on the net value of transfers from a deceased child twenty-one years of age or younger at death to or for 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 in 72 P.S. {}9116 1.2) [72 P.S. {}9116 (a) (1)]. The tax rate imposed on the net value of transfers to or for the use of the decedent's siblings is 12% [72 P.S. {}9116 (a) (1.3)]. A sibling is defined, under Section 9102, as an individual who has at least one parent in common with the decedent, whether by blood or adoption. SCHEDULE B STOCKS & BONDS COMMONWEALTH OF PENNSYLVANIA I iNHERITANCE TAX RETURN ' RESIDENT DECEDENT ESTATE OF FALLER, GEORGE B. FILE NUMBER 21 - 03 - 00087 All property jointly-owned with right of survivorship must be disclosed on Schedule F. ITEM - NUMBER DESCRIPTION UNIT VALUE VALUE AT DATE OF DEATH 1 Investments in Legg Mason Account No. 360-00655 (see attached) 607,822.09 TOTAL (Also enter on line 2, Recapitulation) ! 607,822.09 DA?~ OF DE~H: OCTOBER 13, SHARES/ P~Cg HIGB/ LOW/ [~AN ~N OF RECUR [TY ACCRUE ~,137.438 A~P FOND I~C 10/il/02 12.130 12.130 12.i30 CUSIP: G2337510~ 30/14/02 12.230 ]2.238 12.230 I2.180 $ 13,853.99 2,480 C~ISLE COB. 10/)1/02 36.310 34.7?0 35.540 CUSIP~ 142339100 1~/14/8~ 35.730 34.25~ 34.990 35.265 ~7,~57.2G 7,363.976 DELAWA~ GRiP /O/ll/O2 7.890 7.898 7.890 AMER[CA~ GOVT ~ 10/14/02 7,890 7.890 7.890 7.89D 58,101.77 CUSIP: 246094285 2,000 ~ON ~OBIL COF~ 18/11/02 34.740 33.680 CUSIP: 30231G1~2 10/l~/DZ 34.998 34.230 3q.610 3~.~i0 6~,820.00 [88 G~N~AL ~TORS 18/11/02 35.110 33.120 34.115 CU&IF: 378442105 10/14/82 34.848 32.9~0 33.875 33.995 3,399.50 465 M ~ T ~ 10/11/02 77.710 74.820 76.265 CUSIP: 55262F10~ 10/44/02 77.350 74.700 ~6.E25 76.145 35,~07.43 400 MMRCK & CO. 10/11/02 47.7i0 45.730 76.720 CUSIP: 589331107 10/i4/02 50.290 ~7.~]0 43.800 47.760 19,104~00 263.7174 PPL CORP. 1011]./02 29.090 27.280 28.145 CUSIP: 69351Tl06 10/14/62 28.490 2~.500 27.g95 27.820 ~,363.092 %'~4 ~PEN US ~%'~ 1~/1[/02 14.6~0 14.640 14.640 ~ND CL A 10/14/02 L4.640 14.640 14.648 14.640 6~,875.67 k~,0~0 VALLEY NATL BK 10/~1/02 101.424 ]01.424 [0[.424 4.90% D~ 5/9/03 10/14/82 1~1.424 1~1.424 181.g24 ~0].424 }0,1{2.40 2]0.77 CUSIP~ 919853AJ0 25,000 ~NA~ZR. BK 10/11/02 103.106 183.106 103.106 6.75% DUE 10/1{/83 [0/]4/02 103.106 1~3.106 ]09.10~ 1~3.k~6 25,776.50 9.25 CUSIP: 55264OLEO 10,000 CAPIT~ ONE 10/1[/02 101.039 101.019 Z01.019 C~SIP: .~%.q~o: '' :....~c~,s~-.~z .-:..'...'..:- ~O/~b~ ._. .~o~".~ ........ :'~'~:'6~.'""" ".i:'~.'~ '"." ' . 5,20% D~ ~/26/04 10/14/02 103.696 i03.696 103.696 103.696 25,92~.00 609.84 CUSIP: 25467B~5 10~0~ PI{OUlDfAN ~ATL 10/11/~2 102.934 ]02.9~4 102.934 5.80% DUE 7/6/04 10,'].q/02 102.934 I02.934 I02.93{ 102.934 1~,293.40 136.99 CUSIP: 74407MJ89 16,000 ~ITAL ~E [0/li/02 101.774 I01.774 ~.10~ O0~ 11/0]/94 1~/Z4/02 101.774 101.774 101.774 1~].774 10,[77.40 15,080 P~IDI.~ NATL 10/11/02 ]03.621 103.621 103.623 5.30% DUE 7/5/05 10/14/02 [03.621 103.621 103.621 [03.621 L5,543.~5 2!7.81 CUSIP: 74407MJ97 15,000 ~R. BK 10/11/02 100.083 100.083 100.083 3.60% ~g 8/1/05 1~73.4/02 100.083 i00.0H3 1G0.0O3 103.083 15,012.45 CUR/P: 55264DJ49 35,000 ALLEGORY C~TY PA C~ 10/11/02 104.687 [04.687 5% DUE L0/01/08 10/24/02 104.68~ 104.687 104.687 [04.6~7 7S,515.25 12~.29 25,000 UNIVERSITY~EA FA 10/1]/O2 [04.788 ]0~.788 5.~5% DU~ 11/0]./08 i0/14/02 104.78~ 104.788 [0~.788 104.7R~ 26,:97.00 568.!3 CUSIP: 91405~BQ3 15,000 ~CASTER PA 10/11/02 113.520 L~3.520 1!3.520 6.00% DUE 4/01/12 30/14/02 113.520 113.52(J I13.520 I13.520 17,025.00 ~SB ~,393.42 1.76 SECURITY V~.O~ 605,~61.05 2,361.~ TOTAl, VALUE 607,822.09 SCHEDULE E CASH, BANK DEPOSITS, & MISC. coMMo.~L~, o~ PENNSV'VAN.A PERSONAL PROPERTY INHERITANCE TAX RETURN RESIDENT DECEDENT ~FILE NUMBER ESTATE OF FALLER, GEORGE B. 21 - 03 - 00087 Include the proceeds 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 NUMBER DESCRIPTION VALUE ,AT DATE OF DEATH 1 Transamerica, nursing home care reimbursement 1,300.00 2 Transamerica, premium refund 800.36 3 USAA Distribution from Subscribers Savings Account 31.35 4 Carlisle Regional Medical Center, refund 643.17 5 Hoffman-Roth Funeral Home, refund 2.00 6 Highmark, insurance premium refund 264.11 TOTAL (Also enter on Line 5, Recapitulation) 3,040.99 RESIDENT DECEDENT ESTATE OF FALLER, GEORGE B. FILE NUMBER 21 - 03 - 00087 Debts of decedent must be reported on Schedule I. ITEM ~ NUMBER DESCRIPTION AMOUNT A. FUNERAL EXPENSES: 1 Hoffman-Roth Funeral Home, Carlisle, PA 8,699.30 2 Rilles, funeral reception 2,500.00 B. ADMINISTRATIVE COSTS: 1. Personal Representative's Commissions Social Security Number(s) / EIN Number of Personal Representative(s): Street Address City State Zip Year(s) Commission paid 2. Attorney's Fees 3. Family Exemption: (If decedent's address is not the same as claimant's, attach explanation) 3,500.00 Claimant URSULA ELAINE FALLER Street Address 380 Wilson Street City Carlisle State PA Zip 17013 Relationship of Glaimant to Decedent Spouse 4. Probate Fees Cumberland County Register of Wills 427.00 5. Accountant's Fees 6. Tax Retum Preparer's Fees 7. Other Administrative Costs 1 Register of Wills, filing fee, inheritance tax return 10.00 2 Reserved for additional probate fee, short certificates, filing fees 500.00 TOTAL (Also enter on line 9, Recapitulation) 15,636.30 REV-1513 EX+ (9-00) ~ SCHEDULE J COMMONWEALTH OF PENNSYLVANIA BENEFICIARIES ..HER,TANCE T~ RETU.. RESIDENT DECEDENT ESTATE OF FALLER, GEORGE B. FILE NUMBER 21 - 03 - 00087 RELATIONSHIP TO i AMOUNT OR SHARE NUMBER NAME AND ADDRESS OF PERSON(S) RECEIVING PROPERTY DECEDENT i OF ESTATE - ' Do Not Est Tmmtee~s.t ~ I. TAXABLE DISTRIBUTIONS (include outdght spousal distributions) 1 Credit trust under Will lbo Ursula Elaine Faller, spouse, with children as Spouse $ 255,155.04 remainder beneficiaries. Present value of Spousal Interest 2 Remainder Value Children $ 335,071.74 Enter dollar amounts for distributions shown above on lines 15 through 18, as appropriate, on Rev 1500 cover sheet 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 St. Patrick Catholic Church, Carlisle, PA 5,000.00 TOTAL OF PART II- ENTER TOTAL NON-TAXABLE DISTRIBUTIONS ON LINE 13 OF REV-1500 COVER SHEET 5~000.00 COMMONWEALTH Of PENNSYLVANIA ,NNER,TA.CE T~X RETURN (Check Box4a on Rev-1500 Cover ~) RESIDENT DECEDENT ESTATE OF FALLER, GEORGF_, B FILE NUMBER 21 - 03 - 00087 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 10 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 NAME OF BENEFICIARY RELATIONSHIP DATE OF BIRTH AGETO I~:AREST ~AY Ct 1. Ursula Elaine Failer Spouse 04/26/1920 82 2. 3. 4. 5. II. For decedents 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 ri.qht. [] Unlimited right of withdrawal [] Limited right of withdrawal III. Explanation of Compromise Offer: DOD Value of Trust $ 590,226.78 Age of Life Tenant at nearest Birthday 82 Federal Section 7520 rate for October 2002 4.20% Spousal Principal Withdrawal Rate 5.00% Total Interest Rate and Withdrawal Rate 9.20% Remainder Factor 56.77% see footnote (1) Present value of Spousal Interest $ 255,155.04 Remainder $ 335,071.74 Footnote (1) Federal Table S Single Life Remainder Factor - Life Interest Holder Age 82 and 9.2% Rate; Internal Revenue Service Temp. Reg.§20.2031-7T IV. Summaryof Compromise Offer: 1. Amount of Future Interest: 590,226.78 2. Value of Line 1 exempt from tax as amount passing to charities, etc. 0.00 (also include as part of total shown on Line 13 of Cover Sheet) 3. Value of Line 1 passing to spouse at appropriate tax rate 255,155.04 Check One []6% []3% []0% (also include as part of total shown on Line 15 of Cover Sheet) 4. Value of Line I taxable at lineal rate 335,071.78 [] 6% [] 4.5% (also include as part of total shown on Line 16 of Cover Sheet) 5. Value of Line 1 taxable at sibling rate (12%) 0.00 (also include as part of total shown on Line 17 of Cover Sheet) 6. Value of Line 1 taxable at collateral rate (15%) 0.00 (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) 590,226.82 INHERITANCE TAX RETURN RESIDENT DECEDENT (SPOUS~ D~~) ESTATE OF FAL[.ER, GEORGE ]3 I FILE NUMBER { 21 - 03 - 00087 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 Credit 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 on 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 transferor's personal representative may specifically identiflj 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 included as a taxable transfer on Schedule O, the personal representative shall be considered to have made the election only as to a fraction of the trust or similar arrangement. The numerator of this fraction is equal to the amount of the trust or similar arrangement included as a taxable asset on Schedule O. The denominator is equal to the total value of the trust or similar arrangement. Part A: Enter the description and value of all interests, both taxable and non-taxable, regardless of location, which pass to the decedent's surviving spouse under a Section 9113 (A)trust or similar arrangement. DESCRIPTION VALUE 1 Credit Trust Under Will for benefit of spouse 590,226.78 Part A Total 590,226.78 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. DESCRIPTION i VALUE 1 Entire estate residue ~ 590,226.78 Part B Total 590,226.78 (If more space is needed, insert additional sheets of the same size) F:\FILES~DATAFILE\WILLS\7268.h.wil. I oql-O~-t~-t. LAST WILL AND TESTAMENT I, GEORGE B. FALLER, of the Borough of Carlisle, Cumberland County, Pennsylvania, being of sound and disposing mind and memory, do hereby make, publish and declare this to be my Last Will and Testament, hereby revoking any and all £ormer Wills or Codicils by me made. ITEM ONE I direct that all my legally enforceable debts, funeral expenses, testamentary expenses and all inheritance taxes shall be paid to the extent possible from those assets held or passing under ITEM FOUR hereof as soon as practicable after my decease and as part of the administration o£my estate. ITEM TWO I give all oFmy personal and household effects, automobiles, boats and collections, if any, and any insurance policies thereon, unto my spouse, URSULA ELAINE FALLER, if my spouse survives me by thirty (30) days; otherwise, the same shall be appraised and shall be allocated among my children as they shall agree with the value of' such items as are allocated among them debited from their share of' my estate. My Executrix shall sell any property as to which there is no such agreement within six (6) months after the admission of this Last Will and Testament to probate and shall add the proceeds to the residue of my estate. ITEM THREE I bequeath the sum of Five Thousand Dollars ($5,000.00) to ST. PATRICK CATHOLIC CHURCH, Carlisle, Pennsylvania, provided, however, that said sum shall be used only For, or toward, repair or restoration of the pipe organ in the Shrine Church. ITEM FOUR I£my spouse, URSULA ELAINE FALLER, survives me, in order to obtain the portion of the marital deduction allowed in my estate by the Federal tax laws that will eliminate all Federal estate taxes payable as a result of'my death, my Executrix shall divide my residuary estate into two portions known as the "Marital Trust" and the "Credit Trust." The Marital Trust, which shall not be reduced by any taxes payable by reason of my death, G.B.F. Page 1 of 10 shall be that fractional proportion of the entire residuary estate determined as follows: The numerator of such fractional proportion of my residuary estate shall be the smallest amount which, if allowed as a marital deduction, would result in the least possible Federal estate tax being payable as a result of my death, after allowing for the unified credit against Federal estate tax and all available credits and deductions claimed. The numerator shall be reduced by the value of any other property which passes to my said spouse which qualifies for the marital deduction and reduced by that amount, if any, which, when added to my taxable estate, will result in Federal estate tax no larger than the credit for State death taxes allowed in my estate without increasing any State death taxes payable as a result of my death. The denominator of this fraction shall be the value of the entire residuary estate. Values assigned to the property for the purposes of this computation shall be those values finally determined for Federal estate tax purposes. The Marital Trust shall be held and managed by my Trustee(s) in accordance with ITEM FIVE of this my Last Will and Testament. The Credit Trust shall be held and managed by my Trustee(s) in accordance with ITEM SIX of this my Last Will and Testament. My Executrix shall have the power to distribute assets in cash or in kind to the Marital Trust and to the Credit Trust and to select specific property to be distributed to the Marital Trust or the Credit Trust without regard to the income tax basis on such property. In making these allocations, my Executrix shall use the value of the assets as of the date or dates of distribution so that each distribution shares proportionately in the appreciation or depreciation of assets between the date of my death and the date or dates for distribution. However, no allocation of assets shall be made to the Marital Trust which does not qualify for the marital deduction. To the extent that other assets which qualify for the marital deduction are available, there shall not be allocated to the Marital Trust (a) assets with respect to which an estate tax credit for foreign taxes paid is allowable or (b) any payments under an employees trust or retirement annuity contract of the type described in Section 2039(c) of the Internal Revenue Code or subsequent provisions of similar import or (c) United States Treasury Bonds that are eligible for redemption at par value in payment of the Federal estate tax. G.B.F. Page 2 of 10 In computing the marital deduction all generation-skipping transfers for which I am the "deemed transferor" shall be disregarded. If I am not survived by my spouse, I give, devise and bequeath all of the rest, residue and remainder of my estate, both real and personal property, unto my Trustee to be held or distributed by such Trustee under ITEM SIX (c) through (e) hereof. If my said spouse survives me and disclaims any portion of the Marital Trust, such portion shall be added to the Credit Trust. If my said spouse and I die simultaneously, or under circumstances which render it difficult to determine who died first, my said spouse shall be deemed to have survived me for all purposes of this my Last Will and Testament. ITEM FIVE MARITAL TRUST My Trustee(s) shall hold the assets received under ITEM FOUR hereof, if any, for the following purposes: (a) To pay the net income, at least quarter-annually, to my spouse, URSULA ELAINE FALLER, for life. In addition, my Trustee(s), in their sole discretion, may invade the principal of the Trust to provide for the proper and adequate support of my spouse, URSULA ELAINE FALLER. (b) My spouse, URSULA ELAINE FALLER, may at any time or times during her lifetime by instrument in writing delivered to my Trustee(s) appoint any part or all of the principal to or in trust for any one or more persons or entities. (c) Upon the death of my spouse, URSULA ELAINE FALLER, the principal and any accrued and undistributed income of the Marital Trust shall be held in trust hereunder or distributed to or in trust for such appointee or appointees (including the estate of my said spouse, with such powers and in such manner and proportions as my spouse may' appoint by her Will, making specific reference to this power of appointment. I intend that the Marital Trust shall qualify for the Federal Estate Tax Marital Deduction in my estate. (d) Upon the death of my spouse, URSULA ELAINE FALLER, any part of the principal G.B.F. Page 3 of 10 and accrued and undistributed income, as well as any portion of the Marital Trust not effectively appointed shall be added to or used to fund the Credit Trust, except that, unless my spouse, URSULA ELAINE FALLER, directs otherwise by her Will, the Trustee shall first pay from the principal of the Marital Trust, directly or to legal representative of my said spouse's estate as my Trustee deems advisable, the amount by which estate and inheritance taxes assessed by reason of the death of my spouse, URSULA ELAINE FALLER, shall be increased as a result of the inclusion of the Marital Trust in my spouse's estate for such tax purposes. The Trustee's selection of assets to be sold to pay that amount, and tax effects thereof, shall not be subject to question by any beneficiary. ITEM SIX CREDIT TRUST My Trustee(s) shall hold the assets received under ITEM FOUR hereof, if any, for the following purposes: (a) To pay the net income, at least quarter-annually, to my spouse, URSULA ELAINE FALLER, for life. In addition, my Trustee(s), in their sole discretion, may invade the principal of the trust to provide for the proper and adequate support of my said spouse. (b) My Trustee(s) shall pay to my spouse, URSULA ELAINE FALLER, annually, such sum from the principal of the trust as my spouse may request in writing, provided, however, that said sum may not exceed the greater of Five Thousand Dollars ($5,000.00) or five percent (5%) of the aggregate value, at the time of said request, of the principal of the trust hereunder. (c) Upon the death of my spouse, URSULA ELAINE FALLER, my Trustee shall distribute the principal of the trust to my children, DAVID JOHN FALLER, MICHAEL J. FALLER, CONSTANTINE P. FALLER, NANCY A. FALLER, THERESE FRANCES FALLER, MARY E. POLSTER, GEORGE B. FALLER, JR. and HELEN C. HAYSSEN, in equal shares, absolutely. (d) In the event that any of my said children shall fail to survive my spouse and me, but shall leave issue surviving, then such deceased child's share shall be held by my Trustee and the net income therefrom shall be used for the support, maintenance and education of the issue of such deceased child. My Trustee shall use as much of the principal as they shall deem desirable for said Page 4 of 10 purposes. My Trustee shall distribute absolutely the principal of such share of such deceased child to the issue of such deceased child per stirpes as each shall attain the age of twenty-one (21) years. In the event that any of my children shall fail to survive my spouse and me and not leave issue surviving, then such deceased child's share shall be added to the shares of my other children as if originally a part thereof. (e) Notwithstanding any other provisions to the contrary, in no event shall any share be distributed to any beneficiary later than twenty (20) years after the later of the death of my spouse or me. ITEM SEVEN POWERS OF EXECUTRIX AND TRUSTEE(S) In addition to the powers conferred by case law, by statute, and by other provisions hereof, my Executrix and Trustee(s) and their successors, shall have the following discretionary powers applicable to all property held by them which powers shall be effective without order of any court and shall exist until final distribution: (a) To retain any property of any nature received by them for whatever period they shall deem advisable; (b) To invest and reinvest all or any part of said property in such stocks, bonds, common trust funds, securities, accounts, certificates of deposit (including, but not limited to, stocks, bonds, common trust funds, securities, accounts or certificates of deposit of the Trustee) or other property, real or personal, as in their discretion they shall deem proper, without regard to statutes limiting the property which a fiduciary may purchase; (c) To sell, transfer, exchange or otherwise dispose of, any part of said property, for cash or on terms, publicly or privately, or to lease, even for a term exceeding five (5) years or the duration of any trust herein, without liability on the purchasers or lessees to see to the application of the proceeds, and to give options for these purchases 'without the obligation to repudiate them in favor of a higher offer; (d) To execute and deliver any deeds, leases, assignments or other instruments as may be necessary to carry out the provisions of any trust hereunder; G.B.F. Page 5 of 10 (e) To borrow money, including the right to borrow money from any bank and to mortgage or pledge any asset of the estate as security; (f) To assume continuance of the status of any beneficiary with regard to death, marriage, divorce, illness, incapacity and the like in the absence of information deemed reliable without liability for disbursements made on such assumption; (g) To pay from the trust, or the income therefrom, all debts or claims against my estate, or any taxes or similar charges on my estate; (h) To make any distribution hereunder either in kind or in money, or partially in kind and partially in money. Distribution in kind shall be made at the market value of the property distributed, and my Trustee(s), in their absolute discretion, may cause the share distributed to any distributee to be composed of property similar to or different from that distributed to any other distributee; (i) To exercise any subscription right in connection with any security held hereunder, to consent to or participate in any recapitalization, reorganization, consolidation or merger of any corporation, company or association, the securities of which may be held hereunder, to delegate authority with respect thereto, to deposit investments under agreements, to pay assessments, and generally to exercise all rights of investors; (j) To invest in endowment, insurance or annuity policies on the lives of beneficiaries of any trust hereunder; (k) To continue in any partnership, joint venture, joint ownership or other business enterprise of which I am a part at the time of my death; (1) To compromise claims; (m) To continue for whatever period of time as they shall deem necessary any ownership as a tenant in common or as a partner, in real estate or other property and to act as I could have done had I been living; (n) To lend money to my estate or to any trust created hereunder or to purchase from the estate or from any trust created hereunder, at the market value thereof at the time of purchase, any securities or other property tendered to them by my estate or any trust created hereunder at any time G.B.F. Page 6 of 10 and from time to time within a period of nine (9) months after my death; (o) In the event that any amounts are payable hereunder or under any trust created hereunder to a minor, or to a person otherwise under legal disability, or to a person not adjudicated incapacitated, but who, by reason of illness or mental or physical disability is, in the opinion of fiduciary(les) hereunder, unable to properly administer such amounts, such amounts may be paid by the fiduciary(ies) hereunder in his, her or their sole discretion in any of the following ways as he, she or they may deem best: (1) Directly to such beneficiary; (2) To a legally appointed guardian of such beneficiary for the benefit of such beneficiary; (3) To a person having custody of such beneficiary for the benefit of such beneficiary; (4) By the fiduciary(ies) hereunder using such amounts directly to the benefit of such beneficiary. (p) To employ agents, attorneys and proxies and to delegate to them such power as my personal representatives and Trustees consider desirable and to pay reasonable compensation for such services as may be rendered by such agents, attorneys and proxies; (q) To conduct an inventory of any safe deposit box necessary to the administration of my estate. (r). To do all other acts in their judgment necessary or desirable for the proper management, investment and distribution of my Estate. ITEM EIGHT PROTECTIVE PROVISIONS All income or principal held for the use and benefit of the beneficiaries of any trust hereunder shall not be in any way or manner subject to anticipation, assignment, pledge, sale or transfer, nor shall any such interest, while in the possession of my Trustee(s), be liable for or subject to the debts, contracts, obligations, liabilities or torts of any beneficiary, or to attachments, executions or sequestrations under process of law. G.B.F7 Page 7 of 10 ITEM NINE APPOINTMENT OF EXECUTRIX AND TRUSTEE(S) I nominate, constitute and appoint my spouse, URSULA ELAINE FALLER, as Executrix of my estate. In the event that my said spouse shall predecease me or fail to act as Executrix, then my daughter, THERESE FRANCES FALLER, and KEYSTONE FINANCIAL BANK, N.A. of Carlisle, Pennsylvania, shall serve as Executors of my estate. I nominate, constitute and appoint my spouse, URSULA ELAINE FALLER, and JOHN OSZUSTOWICZ, J.D. as Trustees of any trust created hereunder. In the event that both of said Trustees shall fail or be unwilling to continue to act as Trustee, then I appoint KEYSTONE FINANCIAL BANK, N.A. to act as Trustee of any trust created hereunder. A majority of all income beneficiaries of the trust or trusts created under this Will may from time to time remove any corporate trustee then acting for reasonable cause and substitute another corporate trustee; provided, however, that such successor corporate trustee shall not be a related or subordinate to any one or more of the beneficiaries hereunder within the meaning of Internal Revenue Code §672(c) or successor provisions. When the removed corporate trustee has received written notice of its removal and has been notified in writing by its successor corporate trustee of the latter's acceptance, the removed corporate trustee shall surrender all books, records, and assets in its possession comprising any portion of the trust or relating to the trust. In no event shall the removed corporate trustee charge a "termination fee" based on a percentage of trust assets as a result of such removal but shall be entitled only to charge such fee as fairly represents the cost of any accounting required by the beneficiaries or successor corporate trustee as part of such removal and substitution. The removed corporate trustee shall not be relieved of liability until its successor has qualified and the removed trustee's accounting, if applicable, has been settled or the beneficiaries and successor corporate trustee have otherwise accepted an account stated in lieu of a formal accounting. As used in this paragraph, the term "reasonable cause" includes, but is not limited to: (1) poor investment performance, (2) the removal of all current income beneficiaries from the state in which the corporate trustee is licensed to conduct business as a corporate trustee, (3) inattention to the reasonable needs of the beneficiaries, (4-) lack of communication between trustee and G.B.F. Page 8 of 10 beneficiaries, (5) inaccurate or unclear transaction statements or statements of account, (6) conflicts between the corporate trustee and the beneficiaries, (7) merger, acquisition or deteriorating financial condition of the corporate trustee, or (8) high turnover of account officers assigned to any trust under this Will. ITEM TEN WAIVER OF BOND I direct that neither my Executrix nor my Trustee(s) or their successors shall be required to file any bond in any jurisdiction to secure the faithful performance of their duties, nor shall they be required to obtain any order or approval of any court for the exercise of any power or discretion set forth in this Will. IN WITNESS WHEREOF I have hereunto set my hand and seal this ~ ay of ~eorg~ B. ~aller SIGNED, SEALED, PUBLISHED AND DECLARED by the above-named Testator, as and for his Last Will and Testament, in the presence of us, who at his request, have hereunto subscribed our names as witnesses thereto, in the presence of the said Testator and of each other. Page 9 of 10 COMMONWEALTH OF PENNSYLVANIA ) : SS. COUNTY OF CUMBERLAND ) I, George B. Failer, Testator, whose name is signed to the attached or foregoing instrument, having been duly qualified according to law, do hereby acknowledge that I signed and executed the instrument as my Last Will; that I signed it willingly; and that I signed it as my free and voluntary act for the purposes therein expressed. George B4eF~i~r " d&Swom or affirmed to and acknowledged before me by George B. Faller, the Testator, this c;q~~' dayof /L',L~.--~_~L,.- ,/q~r~. NOTARIAL SEAL I CORRINE L. MYERS, Notary Public I Carlisle Bom, CumbedandCounN Notary Public ' (,7 I M__~_~ommission E~p_ires May 27, 21)03 COMMONWEALTH OF PENNSYLVANIA ) :SS. COUNTY OF CUMBERLAND ) '¢. ¢7--7-, and 7, the witnesses whose names are signed to the attached or foregoing instrument, being duly qualified according to law, do depose and say that we were present and saw George B. Failer, the Testator, sign and execute the instrument as his Last Will; that the Testator signed willingly and that the Testator executed it as his free and voluntary act for the purposes therein expressed; that each of us, in the hearing and sight of the Testator, signed the Will as witnesses; and that to the best of our knowledge the Testator was at that time 18 or more years of age, of sound mind and under no constraint or undue influence. .~ , \r'~ Address /67 L.~.5~ Address ~/ 3~'~ , .... /.: ,.i/; · , ,/ -~, /, · Swom or affirmed to and subscribed before me this ...c:~, ~ dayof CORRINE L. MYERS, Nolary Pubtie Notary Public (_,/ Carlisle Boro. CumberlandOounl¥ , _i.:~, .?i-.-.:T..is:~io~,, 5~pi.r.?__M_ay 27 2003 Page 10 of 10 COMMONWEALTH OF PENNSYLVANIA ~ BUREAU OF INDIVIDUAL TAXES DEPARTMENT OF REVENUE INHERITANCE TAX D[V~SION DEPT. 280&01 NOTICE OF DETERMINATION AND HARRISBURG, PA 17128-0601 ASSESSMENT OF PENNSYLVANIA ESTATE TAX BASED ON FEDERAL ESTATE TAX RETURN .a-48~ ~ ~, cox-o~) DATE 08- 18-2005 ESTATE OF FALLER GEORGE B DATE OF DEATH 10-15-2002 '0.:~ :!i.,"; ]~)ILE-N~ER 21 05-0087 .... J aouNTy ' CUMBERLAND IVO V OTTO III ESQ ACN 201 MARTSON ETAL r~, Amount Rem/tted 10 E HIGH ST ,'~. CARLISLE PA 17015 MAKE CHECK PAYABLE AND REMIT PAYMENT TO.' REGISTER OF WILLS CUMBERLAND CO COURT HOUSE CARLISLE, PA 17015 NOTE: To insure proper credit to your account, submit the upper port/on of this form ~tth your tax payment. CUT ALONG THIS LINE ~'- RETAIN LOWER PORTION FOR YOUR FILES ~ REV-~8$ EX AFP COl-OS) ~ NOTICE OF DETERMINATION AND ASSESSMENT OF PENNSYLVANIA ESTATE TAX BASED ON FEDERAL ESTATE TAX RETURN ~ ESTATE OF FALLER GEORGE B FILE N0.21 05-0087 ACN 201 DATE 08-18-2005 ESTATE TAX DETERHINATION 1. Credit For State Death Taxes as Verified 12r8~0.00 2. Pennsylvania Inheritance Tax Assessed 19r9~6.98 CExcluding Discount and/or Interest) 5. Inheritance Tax Assessed by Other States .00 or Territories of the Un,ted States (Excluding Discount and/or Interest) ~. Total Inheritance Tax Assessed 19~9~6.98 5. Pennsylvania Estate Tax Due .00 TAX CREDITS= PAYMENT RECEIPT DISCOUNT DATE NUHBER INTEREST/PEN PAID ¢-) AHOUNT PAID TOTAL TAX CREDIT I .00 BALANCE OF TAX DUEl .00 INTEREST AND PEN. .00 TOTAL DUE .0O *IF PAID AFTER THIS DATE, SEE REVERSE SIDE CIF TOTAL DUE IS LESS THAN $1, NO PAYMENT IS REQUIRED FOR CALCULATION OF ADDITIONAL INTEREST. IF TOTAL DUE IS REFLECTED AS A "CREDIT" (CA), YOU HAY BE DUE A REFUND. SEE REVERSE SIDE OF THIS FORH FOR INSTRUCTIONS.) PURPOSE OF NOTICE= To fuIfiii the requirements of Section 2140 (b) of the Inheritance and Estate Tax Act, Act 25 of 2000. (72 P.S. Section 9140). PAYMENT= Detach the top portion of this Notice and submit with your payment to the Register of Niils printed on the reverse side. -- Hake check or money order payabie to: REGZSTER OF NILLS, ASENT. REFUND (CR): A refund of a tax credit may be requested by completing an "Application for Refund of Pennsylvania Inheritance and Estate Tax" (REV-ISIS). Applications are available at the Office of the Register of Nills, any of the 23 Revenue District Offices or from the Department's 24-hour answering service for forls ordering: 1-800-362-2050; services for taxpayers with special hearing and / or speaking needs: 1-800-447-3020 (TT only). OBJECTIONS: Any party in interest not satisfied with the assessment of tax as sho~n on this notice may 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 --electing to have the matter determined at audit of the personal representative, OR --appeal to the Orphans' Court. ADHIN- ISTRATIVE CORRECT)ONS: Factual errors discovered on this assessment should be addressed in writing tot 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 5 of the booklet ")nstructions for Inheritance Tax Return for a Resident Decedent" (REV-1501) for an explanation of administratively correctable errors. PENALTY= The 15Y. tax amnesty non-participation penalty is computed on the total of the tax and interest assessed, and not paid before Januar~ 18, 1996, the first day after the end of the tax amnesty period. This non-participation penalty is appealable in the same manner and in the the same time period as you would appeal the tax and interest that has been assessed as indicated on this notice. INTEREST: For dates of death on or after 10-3-91, Pennsylvania Estate Tax based on the Federal Estate Tax return becomes delinquent at the expiration of nine (09) months from the date of death. For dates of death prior to 10-3-91, Pennsylvania Estate Tax based on the Federal Estate Tax return becomes delinquent at the expiration of eighteen (18) months from the date of death. Taxes which became delinquent before January 1, 1962 bear interest at the rate of six (6Y.) percent per annum calculated at a daily rate of .000164. All taxes which became delinquent on or after Januar~ 1, 1982 will bear interest at a rate which will var~ from calendar year to calendar year with that rate announced by the PA Department of Revenue. The applicable interest rates for 1982 through 2003 are: Interest Daily Interest Daily Interest Daily Year Rate Factor Yea~ Rate Factor Year Rate Factor 1982 20~. .000548 1987 9Y. .000247 1999 7Y. .000192 1985 16~. .000458 1988-1991 11~ .000301 2000 8~ .000219 1984 1 lY. .000501 1992 9~. .000247 2001 9Y. .0002~7 1985 15Y. .000356 1993-199~ 7Y. .000192 2002 6Y. .000164 1986 10~ .00027~ 1995-1998 9Y. .000247 2003 5Y. .000137 --Interest is calculated as follows: INTEREST = BALANCE OF TAX UNPAID X NUNBER OF DAYS DELINQUENT X DALLY INTEREST FACTOR --Any Notice issued after the tax becomes delinquent will reflect an interest calculation to fifteen (15~) days beyond the date of the assessment. If payment is made after the interest computation date shown on the Notice, additional interest must be calculated. REV-1470 EX (6-88) INHERITANCE TAX EXPLANATION COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF REVENUE OF CHANGES BUREAU OF INDIVIDUAL TAXES DEPT. 280601 HARRISBURGI PA 17128-0601 DECEDENTS NAME FILE NUMBER Failer, George B. 2103-0087 REVIEWED BY ACH Daniel Neck 20'1 ITEM SCHEDULE NO. EXPLANATION OF CHANGES The maximum "State Death Tax Credit' has been recalculated according to the revisions to the Pennsylvania Estate Tax as revised by ACT 89 of 2002. This revision is effective for decedents dying on or after July '1, 2002. ROW Page 1 COMNONNEALTH OF PENNSYLVANIA U~EAU OF INDIVIDUAL TAXES DEPARTHENT OF REVENUE INHERITANCE TAX DIVISION DEPT. 180601 HARRISBURG, PA 17128-0601 NOTICE OF INHERITANCE TAX APPRAISENENT, ALLO#ANCE OR DISALLOHANCE OF DEDUCTIONS AND ASSESSNENT OF TAX DATE 08-18-2003 ESTATE OF FALLER GEORGE DATE OF DEATH 10-13-2002 '" ~' ~bUNTY CUHBERLAND IVO V OTTO II! ESQ ACN 101 HARTSON ETAL 10 E HIGH ST ~. Amount Remitted CARLISLE PA 17013" HAKE CHECK PAYABLE AND RENIT PAYNENT TO: RESISTER OF HILLS CUHBERLAND CO COURT HOUSE CARLISLE, PA 17013 CUT ALONG THIS LINE ~ RETAIN LONER PORTION FOR YOUR RECORDS REV-15~7 EX AFP (01-03) NOTICE OF INHERITANCE TAX APPRAISENENT, ALLONANCE OR DISALLONANCE OF DEDUCTIONS AND ASSESSNENT OF TAX ESTATE OF FILLER GEORGE B FILE NO. 21 03-0087 ACN 101 DATE 08-18-2003 TAX RETURN NAS: ( ) ACCEPTED AS FILED (X) CHANGED SEE ATTACHED NOTICE RESERVATION CONCERNING FUTURE INTEREST - SEE REV~kS£ APPRAISED VALUE OF RETURN BASED ON: ORIGINAL RETURN 1. Real Estate (Schedule A) (1) .00 NOTE: To insure proper 2. Stocks and Bonds (Schedule B) (2) 607;822.09 credit to your account, $. Closely NeZd Stock/Partnership Interest (Schedule C) ($) .00 submit the upper portion ~. Hortgeges/Notes Receivable (Schedule D) (~) .00 of this form ~ith your $. Cash/Bank Deposits/Nisc. Personal Property (Schedule E) ($) ~/0~0.99 tax payment. 6. Jointly O~ned Property (Schedule F) (6). .00 7. Transfers (Schedule O) (7) .00 8. Tote1 Assets (8) 610,863.08 APPROVED DEDUCTIONS AND EXENPTIONS: 15,636.30 9. Funeral Expenses/Adm. Costs/Nisc. Expenses (Schedule H) (9) 10. Dobts/Hortgago LiabiXitios/Lions (Schodulo I) (10) .00 11. Tote1 Deductions (11) ]S.~36.3 12. Net Value of Tax Return (12) 595,226.78 13. Charitable/Governmental Bequests; Non-elected 9113 Trusts (Schedule J) (15) 5,000.00 lq. Net Value of Estate Subject to Tax (1~) 590,216.78 NOTE: I~ an assessment ~as issued previously, 11nee 1~, 15 and/or 16, 17, 18 and 19 ~ill reflect flgures that include the total of ALL returns assessed to date. ASSESSNENT OF TAX: 15. Amount of L/ne 1~ at Spouse1 rate (15). 1~6,960.57 X O0 = .00 16. Amount of Line 1~ taxable at Lineal/Class A rate (16) ~fi3,266.21X 0~5 = 19,9~6.98 17. Amount of Line lq et Sibling rate (17) .00 X 1~ = .00 18. Amount of Line lq taxable at Collateral/Class B reis (18) .00 X 15 = .00 19. Principal Tax Due (19)= 19,9~6.98 TAX CREDITS: PAYMENT RECEZP1 D/SCOUNT (+) DATE NUNBER INTEREST/PEN PAID (-) ANOUNT PAID 07-11-2003 CD002793 .00 15,078.23 AT THE RATES APPLICABLE AS OUTLINED ON THE BALANCE OF TAX DUE q,868.75 REVERSE SIDE OF THIS FORM INTEREST AND PEN. 3q. OZ TOTAL DUE q,90Z.77 ~ IF PAID AFTER DATE INDICATED~ SEE REVERSE ( 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 MAY BE DUE A REFUND. SEE REVERSE SIDE OF THIS FORM FOR INSTRUCTZONS.} RESERVATION: Estates of decedents dying on or before December lZ, 19DZ -- 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 Commonaealth hereby expressly reserves the right to appraise and assess transfer Inheritance Taxes at the lawful Class B (collateral) rate on any such future interest. PURPOSE OF NOT[CE: To ~ulfi11 the requirements of Section Z140 of the Inheritance and Estate Tax Act, Act Z~ of ZOO0. (?Z P.S. Section 9140). PAYMENT: Detach the top portion of this Notice and submit with your payment to the Register of Nills printed on the reverse side. --Make check or money order payable to: REGISTER OF NZLLSj AGENT REFUND (CR): A refund of a tax credit, ehich ams not requested on the Tax Return, may ba requested by completing an "Application far Refund of Pennsylvania Inheritance and Estate Tax" (REV-1513). Applications ara available at the Office of the Register of Nills, any of the Z3 Revenue District Offices, or by calling the special Z4-hour ansaaring service for fores ordering: 1-BOO-36Z-ZOSO~ services for taxpayers with special hearing and / or speaking needs: 1-BOO-447-30ZO [TT only). OBJECTIONS: Any party in interest not satisfied with the appraisement, allowance, or disalloaance of deductions, or assessment of tax (including discount ar interest) as shown on this Notice must object within sixty (60) days of receipt of this Notice by: --aritten protest to the PA Department of Revenue, Board of Appeals, Dept. ZDIOZ1, Harrisburg, PA 171ZD-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 be addressed in ariting to: PA Department of Revenue, Bureau of [ndividual Taxes, ATTN: Post Assessment Review Unit, Dept. gA0601, Harrisburg, PA 17128-0601 Phone (717) 767-6505. See page 5 of the booklet "Instructions for Inheritance Tax Return for a Resident Decedent" (REV-IS01) for an explanation of administratively correctable errors. DISCOUNT: [f any tax due is paid .ithin three (3) calendar months after the dacmdent's death, a five percent (SI) discount of the tax paid is alloaed. 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 the end of the tax amnesty period. This non-participation penalty is appealable in the same manner and in the the same tiaa period 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 free the date of death, to the date of payment. Taxes ahich became delinquent before January 1, 198Z bear interest at the rate of six (6g) percent per annum calculated at a daily rate of .000164. A11 taxes which became delinquent on and after January 1, 198Z 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 ZOO3 ara: Interest Dally Interest Daily Interest Daily Year Rate Factor Year Rate Factor Year Rate Factor 198Z lOX .000548 1987 9X .000247 1999 7Z .000192 1983 16Z .00043B 1988-1991 llZ .000301 ZOO0 BZ .000219 1984 11g .000301 1992 9g .000247 2001 9Z .000Z47 1985 13Z .000356 1993-1994 7Z .00019Z ZOOZ 6Z .000164 1986 102 .000274 1995-1998 92 .000Z47 2003 5Z .000137 --Interest is calculated as follows: INTEREST = BALANCE OF TAX UNPA/D X NUNBBR OF DAYS DELINQUENT X DAILY /NTEREST FACTOR --Any Notice issued after the tax becomes delinquent mill 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-147b EX (6-88) INHERITANCE TAX EXPLANATION COMMONVVEALTH OF PENNSYLVANIA DEPARTMENT OF REVENUE OF CHANGES BUREAU OF INDIVIDUAL TAXES DEPT. 280601 HARRISBURG~ PA 17128-0601 DECEDENT'S NAME George B. Failer FILE NUMBER 21 03-OO87 REVIEVVED BY Bill Lyons ACN 1 01 ITEM SCHEDULE NO. EXPLANATION OF CHANGES The tax was calculated as a life estate to the surviving spouse, remainder interest to the children. Absent written evidence of the spouse's intention to exercise her "5&5" power, there is only a life estate calculation. ROW Page 1 COMMONWEALTH OF PENNSYLVANZA ~_~j~ eUR~rl:r~F ZNOZVZDUAL TAXES DEPARTMENT OF REVENUE ~~.~/ INf~ERITANCE TAX DIVISION DEPT. Z80601 HARRISBURG, PA 171zs-a601 NOT/CE OF INHERITANCE TAX APPRA/SEMENT, ALLONANCE OR DISALLONANCE OF DEDUCT/ONS AND ASSESSMENT OF TAX REVolS47EXAFP(Bl-OS) DATE 08-18-2003 ESTATE OF FALLER GEORGE B -*"~ ---/~///'-/~? ~/'~> DATE OF DEATH 10-13-2002 FZLE NUMBER 21 05-0087 COUNTY CUMBERLAND IVO V OTTO III ESQ ACN 101 MARTSON ETAL I Amoun~ Remi~ed 10 E HIGH ST I ~'~.,~L~ CARLISLE PA 17015 MAKE CHECK PAYABLE AND REMIT PAYMENT TO: REGISTER OF WILLS CUMBERLAND CO COURT HOUSE CARLISLE, PA 17015 CUT ALONG THIS LINE ~'~ RETAIN LOWER PORTION FOR YOUR RECORDS ~ ................ 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 003252 OTTO IVO VICTOR III 10 E HIGH STREET CARLISLE, PA 17013 ACN ASSESSMENT AMOUNT CONTROL NUMBER 101 $4,955.46 ESTATE INFORMATION: SSN: 191-18-2818 FILE NUMBER: 2103-0087 DECEDENT NAME: FALLER GEORGE B DATE OF PAYMENT: 11/20/2003 POSTMARK DATE: 00/00/0000 COUNTY: CUMBERLAND DATE OF DEATH: 10/13/2002 TOTAL AMOUNT PAID: $4,955.46 REMARKS: IVOV OTTO III ESQUIRE CHECK# 10060 INITIALS: AC SEAL RECEIVED BY: DONNA M. OTTO DEPUTY REGISTER OF WILLS REGISTER OF WILLS COMHONNEALTH OF PENNSYLVANZA BUREAU OF ZNDZVZDUAL TAXES DEPARTMENT OF REVENUE INHERITANCE TAX DIVISION DEPT. Z8060! INHERITANCE TAX HARRISBURG, PA 171Z&-0601 STATEHENT OF ACCOUNT REV-i~07 EX AFP C01-03) DATE 12-15-2005 ESTATE OF FALLER GEORGE DATE OF DEATH 10-15-2002 FILE NUNBER Z1 05-0087 '~COUNTY CUHBERLAND /VO V OTTO ZZ! ESQ ACN 101 MARTSON ETAL I Amount Remi~ed 10 E HIGH ST CARL/SLE PA 17015 MAKE CHECK PAYABLE AND REMIT PAYMENT TO: REGISTER OF NZLLS CUMBERLAND CO COURT HOUSE CARLZSLE, PA 17015 NOTE: To insure proper credi~ ~o your account, submi~ ~he upper per,ion of ~his form wi~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 FALLER GEORGE B F*rLE NO. 21 05-0087 ACN 101 DATE 12-15-2005 TH.rS STATEMENT TS PROVTDED TO ADVTSE OF THE CURRENT STATUS OF THE STATED ACN .tN THE NAMED ESTATE. SHO#N BELON TS A SUMMARY OF THE pRTNCTpAL TAX DUE, APPLTCATTON OF ALL PAYMENTS, THE CURRENT BALANCE, AND, .rF APPLTCABLE, A PROJECTED .rNTEREST FTGURE. DATE OF LAST ASSESSMENT OR RECORD ADJUSTMENT: 08-18-Z005 PRINCIPAL TAX DUE: ........................................................................................................................................................................................................................... 19,9q6.98 PAYMENTS (TAX CREDITS): PAYMENT RECEIPT ~ DISCOUNT (+) DATE NUMBER INTEREST/PEN PAID (-) AMOUNT PAID 07-11-2005 CDOOZ795 .00 15,078.25 11-20-2005 CDOOSZSZ 86.71- q,955.q6 TOTAL TAX CRED'rT 19,9q6.98 BALANCE OF TAX DUE .00 INTEREST AND PEN. .00 .rF pA'rD AFTER TH'rS DATE, SEE REVERSE TOTAL DUE . O0 STDE FOR CALCULATTON OF ADD'rT'rONAL TNTEREST. TF TOTAL DUE TS LESS THAN $1, NO PAYMENT TS REQUTRED. TF TOTAL DUE 'rs REFLECTED AS A "CRED'rT" YOU MAY BE DUE A REFUND. SEE REVERSE S.rDE OF THTS FORM FOR INSTRUCT.tONS. PAYHENT: Detach the top portion of this Notice and submit eith your payment made payable to the name and address printed on the reverse side. -- Zf RES:IDENT DECEDENT make check or money order payable to: REGISTER OF NILLS, AGENT. -- :if NON-RES:IDENT DECEDENT make check or money order payable to: commONWEALTH OF PENNSYLVANIA. REFUND (CR): A refund of a tax credit, which mas 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 the Office of the Register of Hills, any of the Z5 Revenue District Offices or from the Department's Zq-hour ansmering service for forms ordering: 1-800-56Z-Z050; services for taxpayers with special hearing and / ar speaking needs: 1-800-q~7-50ZO (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 Reviam Unit, Dept. Z80601, Harrisburg, PA 171Z8-0601, phone (717) 787-6505. DISCOUNT= If any tax due is paid mithin three (5} calendar months after the dmcedent'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 the tax and interest assessed, and not paid before January 18, 1996, the first day after the and of the tax amnesty period. /NTEREST: Interest is charged beginning mith 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, 198Z bear interest at the rate of six (SI) percent per annum calculated at a daily rate of .000164. All taxes which became delinquent on and after January 1, 198Z mill 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 2005 are: Interest Daily :interest DaiZy %nterest Daily Year Rate Factor Year Rate Factor Year Rate Factor 1982 20Z .000548 1987 9Z .000247 1999 7Z .00019Z 1985 16Z .000~58 1988-1991 llZ .000501 ZOO0 8Z .OOOZ19 198~ 117. .000501 199Z 97- . O00Zq7 ZOOX 9Z . O00Zq7 1985 13Z .000556 1993-199c~ 77. .000192 ZOOZ 67. .00016q 1986 107- .O00ZTq 1995-1998 97. .000Z47 2005 57. .000137 --Tnterast is calculatmd 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 (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. JRD/June 30, 1992/17858 In Re: Estate of George B Failer : ORPHANS' COURT DIVISION Late of Carlisle Borough : COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY Estate No.: 21-03-0087 : PENNSYLVANIA : : NO. 21-03-0087 NOTICE OF FAILURE TO FILE STATUS REPORT AND REQUEST TO CONDUCT A HEARING PURSUANT TO RULE 6.12, SUPREME COURT ORPHANS' COURT RULE Personal Representative: Ursula Failer Counsel for Personal Representative: Ivo Otto Date of Decedent's Death: 10/13/2002 Date of Delinquency Notice: 08/11/04 The undersigned, Glenda Famer-Strasbaugh, Clerk of Orphans' Court, in accordance with Rule 6.12, Supreme Court Orphans' Court Rules, hereby notifies the Orphans' Court Division, Court of Common Pleas of Cumberland County, that neither the above named personal representative nor the above named counsel for the personal representative have filed with the Register of Wills or Clerk of the Orphans' Court his, her or its Status Report required by Rule 6.12, Supreme Court Orphans' Court Rule and that the requisite notice, pursuant to Rule 6.12, Supreme Court Orphans' Court Rules, was given by the Clerk of the Orphans' Court on April 30, 2004, and that the ten (10) day notice to file the Status Report has expired. Accordingly, in accordance with Rule 6.12 the Court is hereby notified of such delinquency and the undersigned requests that a Court conduct a hearing to determine whether sanctions should be imposed upon the delinquent personal representative or counsel for the delinquent personal representative. Glenda Famer Strasbaugh (2./ Clerk of the Orphans' Court Distribution: Personal Representative Counsel for Personal Representative Estate File ~~ IO~:le¢~ q:3alk.lq. A heating is scheduled for at in Courtroom No. 3. If the Status Report is filed prior to the hearing date, the hearing will automatically be canc~~ Ge~rg~E. H(~ffel:, P.J. ~ REGISTER OF WILLS OF CUMBERLAND COUNTY STATUS REPORT UNDER RULE 6.12 (For Resident Decedents Dying After July 1, 1992) Name of Decedent: George B. Faller Date of Death: October 13, 2002 File No.' Social Security No.: 191 - 18-2818 Pursuant to Rule 6.12 of the Supreme Court Orphans' Court Rules, I report the following with respect to completion of the administration of the above-captioned estate: 1. State whether administration of the estate is complete: Yes X No 2. If the answer is No, state when the personal representative reasonably believes that the administration will be complete.. 3. If the answer to No. 1 is Yes, state the following.. a.Did the personal representative file a final account with the Court? Yes __ No X b. The separate Orphans Court No. (if any)for the personal representative's account is: c. Did the personal representative state an account informally ~ the parties in interest? Yes ~ No X Copies of receipts, eases,/oinders and ?rovals of formal or informal accounts d. maybe filed with th~~xQ~ O~urt an dmaybeattached to th isreport. Date: October 6, 2004 Signature: "--"w "~ "-' -- Name: Ivo V. Otto III, Esquire Address: MARTSON DEARDORFF WILLIAMS & OTTO Ten East High Street Carlisle, PA 17013 (717) 243-3341 Counsel for personal representative F \FILES\DATAFILE\ESTATES\7268 4 srep .i~ J'? (J' ,~~ ~ \/' , In re: Joseph ~. and Jane W. Brenner Trust No. 21..,2003-879 I I , In re: Jane Wi. Brenner Trust UWO "B" No. 2112003-881 In re: Jane . Brenner Trust UWO "c" No. 21 2003-881 In re: Nancy . Blakely No. 21 2003-883 RECEIVED JUN 0 9 ZOOS! IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION No. 21-2004-087 JUDGE BAYLEY RULE TO SHOW CAUSE AND NOW this~ of June, 2005, upon consideration ofM&T Bank's Petition for a Rule to Show Cause, a Rule is hereby issued upon the Petitioners, Joseph D. Brenner, Sr., Joseph D. Brenner, Jr. and Margaret B. Bushey to show cause, if any they have, why the atto eys' fees and costs detailed in the Petition should not be awarded and taxed against Rule returnable 20 days following service. William F. artson, Jr. Esquire Tonkton To , LLP 1600 Pionee Tower 888 S. W. F"fth Avenue Portland, Or gon 97204-2099 Mark D. Br dshaw, Esquire Stevens & L e, P.C. 4750 Lindle Road P.O. Box 11 70 Harrisburg, A 171 08 I I I I I SLl 545002vI/66255.037 ./"1 " no :'~ : 1 t :~d t)..- 1