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HomeMy WebLinkAbout04-11-11~. 1505610143 REV-1500 EX (01-10) ~ OFFICIAL USE ONL`t' PA Department of Revenue pennsylvania County-Code Year File Number Bureau of Individual Taxes DEPARTMENT OF REVENUE PO 60X.280601 INHERITANCE TAX RETURN 21 10 0850 Harrisburg, PA 17128-0601 RESIDENT DECEDENT ENTER DECEDENT INFORMATION BELOW Social Security Number Date of Death os 10 2010 Decedent's Last Name MEJASICH (If Applicable) Enter Surviving Spouse's Information Below Spouse's Last Name Spouse's Social Security Number Date of Birth 02 07 1929 Suffix Decedent's First Name MI MATTHEW J Suffix Spouse's First Name MI THIS RETURN MUST BE FILED IN DUPLICATE \NITH THE REGISTER OF WILLS FILL IN APPROPRIATE OVALS BELOW r~~ 1. Original Return ~J 2. Supplemental Return ~ j 3. Remainder Return (date of death prior to 12-13-8c:) L_ ~ 4. Limited Estate ~ qa, Future Interest Compromise (date of death after 12-12-82) ~_ J 5. Federal Estate l"ax Return Required r~ xJ 6 Decedent Died Testate (Attach Copy of Will) X ~ Decedent Maintained a Living Trust (Attach Copy of Trust) __ __ 8. Total Number of Safe Deposit Boxes ~II 9. Liti ation Proceeds Received 9 ~ 10. Spousal Povertyy Credit (date of death between 12-31 zJ1 and 1-1-95) [ J 1 1. Election to tax under Sec. 9113(A) (Attach Sch. O) CORRESPONDENT -THIS SECTION MUST BE COMPLETED. ALL CORRESPONDENCE AND CONFIDENTIAL TAX INFORMATIOIV SHOULD BE DIRECTED TO: Name Daytime Telephonie Number ..... ~, MICHAEL OHAR.A PEALE JR 215 6 467 6 0 0 0 `~-=~ -~~ First line of address 400 MARYLAND DRIVE Second line of address BOX 7544 City or Post Office State ZIP Code FORT WASHINGTON PA Correspondent's a-mail address: mpeale@tlmoneyknOX.COm ~_ t_a -fir, -~ _~ _~~ ; REGISTER Ql~-,L~ USEILY _ _ _~ _ ,. -, ~,~ =' ~. ~ ~,+) _4.~ .~: .~ ~~ ~~ ;.~ DATE FILED .; .----. -r's C'i Under penalties of perjury, I declar that I ve examined this return, including accompanying schedules and statements, and to the best of my knowledge and belief, it is true, correct and complete. D larati of preparer other than the personal representative Is based on all information of which prepart:r has any knowledge. SIGNATURE OF ON RESP IBLE R FILING RETURN DATE 7~- ~ ~' Paul J. Mejasich ~~ ~~''~~. ZB/ ADDRESS i~ _ 4250 Glencoe Avenue, Apt 1116, Marina Del Rey, CA 90292 SIGNATURE OF PREPA ER THAN REP DATE el O'Hara Peale Jr. ,~,~ ~, !~C1' ,1 ADDRESS 400 Maryland Drive, P.O. Box 7544, Fort shington, PA ~ Side 1 1505610143 150561D143 J ~u r ~ 1505610243 REV-1500 EX Decedents Name Mejasieh, Matthew J. RECAPITULATION 1. Real Estate (Schedule A) ....................................................................................... 1. 2. Stocks and Bonds (Schedule B) ............................................................................. 2. 3. Closely Held Corporation, Partnership or Sofe-Proprietorship (Schedule C)......... 3. 4. Mortgages & Notes Receivable (Schedule D) ........................................................ 4. 5 Cash, Bank Deposits $~ Miscellaneous Personal Property (Schedule E) ............... 5. 6. Jointly Owned Property (Schedule F) _ Separate Billing Requested............ 6. 7. Inter-Vivos Transfers 8~ Miscellaneous n-Probate Property (Schedule G) ~_ ~ Separate Billing Requested............ 7, 8, Total Gross Assets (total Lines 1-7) ..................................................................... g 25,799.54 61.3 , 412.14 E53 9 , 211.68 9. Funeral Expenses & Administrative Costs (schedule H) ....................................... 9. 2 4 , 4 7 0.62 10. Debts of Decedent, Mortgage Liabilities, & Liens (Schedule I) .............................. 10. 7 9 9 . $ 6 11. Total Deductions (total Lines 9 & 10) ................................................................... 11. 2 5 , 2 7 0 . 4 $ 12. Net Value of Estate (Line 8 minus Line 11) .......................................................... 12. 613 , 941.20 13. Charitable and Governmental Bequests/Sec 9113 Trusts for which an election to tax has not been made (Schedule J) ............................................... 13. 14. Net Value Subject to Tax (Line 12 minus Line 13) ............................................... 14, 613 , 941.2 0 TAX COMPUTATION -SEE INSTRUCTIONS FOR APPLICABLE RATES 15. Amount of Line 14 taxable at the spousal tax rate, or transfers under Sec. 9116 (a)(1.2) X .00 15. 16. Amount of Line 14 taxable at lineal rate X .045 5 90 941.2 0 r 16. 17. Amount of Line 14 taxable at sibling rate X .12 0 . 0 0 17. 18. Amount of Line 14 taxable at collateral rate X .15 2 3, 0 0 0. 0 0 18. 19. Tax Due ............................................. .... ............................................................... 19. . 20. FILL IN THE OVAL IF YOU ARE REQUESTING A REFUND OF AN OVERPAYMENT. Decedent's Social Security Number 0.00 26,592.35 0.00 3,450.00 :30,042.35 Side 2 ~, 15D561D243 150561024:3 REV-1500 EX Page 3 File Number 21-10-0850 Decedent's Complete Address: (5> 568.67 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 :............................................................................... [ x ~ ^ b. retain the right to designate who shall use the property transferred or its income :................................. [~ c. retain a reversionary interest; or ............................................................................................................... l~ ^ d. receive the promise for life of either payments, benefits or care? ............................................................ ~ [____~ ~ x 2. If death occurred after December 12, 1982, did decedent transfer ro ert within one ear of death withc gut _ _ receivin ade uate consideration? ................................................P...P ...Y...................y............................. g q .. i x ~l . 3. Did decedent own an "in trust for" or payable upon death bank account or security at his or her death?....... - '~.__ ~--, L~ 4. Did decedent own an Individual Retirement Account, annuity, or other non-probate property which ~ U contains a beneficiary designation? .................................................................................................................. X IF THE ANSWER TO ANY OF THE ABOVE QUESTIONS IS YES, YOU MUST COMPLETE SCHEDULE G AND FILE IT ~-S PART OF THE RETURN. For dates of death on or after July 1, 1994 and before Jan. 1, 1995, the tax rate imposed on the net value of transfers to or for the use of the surviving spouse is 3 percent [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 percent [72 P.S. §9116 (a} (1.1) (ii)J. The statute does 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 21 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 percent [72 P.S. §9116 (a} (1.2)J. . The tax rate imposed on the net value of transfers to or for the use of the decedent's lineal beneficiaries is 4.5 percent, e~;cept as noted in 72 P.S. §9116 1.2) [72 P.S. §9116 (a) (1)J. . The tax rate imposed on the net value of transfers to or for the use of the decedent's siblings is 12 percent [72 P.S. §911Ei (a) (1.3)J. 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. DECEDENT'S NAME Mejasich, Matthew J. STREET ADDRESS 518 Thornwood Lane CITY Carlisle ii STATE ~ ZaP PA 17013 (1 } 30,042.35 Total Credits (A + B) (2) 29,473.68 (3) (4) Tax Payments and Credits: 1. Tax Due (Page 2, Line 19) 2. Credits/Payments A. Prior Payments B. Discount 28,000.00 1,473.68 3. Interest 4, If Line 2 is greater than Line 1 + Line 3, enter the difference. This is the OVERPAYMENT. Check box on Page 2 Line 20 to request a refund 5. If Line 1 + Line 3 is greater than Line 2, enter the difference. This is the TAX DUE. ~ ` Rev-1508 EX+ (6-98) SCHEDULE E CASH, BANK DEPOSITS, & MISC. PERSONAL PROPERTY COMMONYVEALTH OF PENNSYLVANIA INHERITANCE TAX RETURN RESIDENT DECEDENT ESTATE OF FILE NUMBER Mejasich, Matthew J. 21-10-0550 Include the proceeds of Iltlgation 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. err more space rs neeaea, addltlonal pages of the same size) Copyright (c) 2002 form software only The Lackner Group, Inc. Form PA-'1500 Schedule E (Rev. 6-98) ' Rev-1510 EX+ (6-98) COMMONWEALTH OF PENNSYLVANIA INHERITANCE TAX RETURN SCHEDULE G INTER-VIVOS TRANSFERS & MISC. NON-PROBATE PROPERTY ESTATE OF FILE NUMBER Meiasich. Matthew J. 21-10-0850 This schedule must be completed and filed if the answer to any of questions 1 through 4 on the reverse side of the REV-1500 COVER SHEET is yes. ITEM NUMBER DESCRIPTION OF PROPERTY THE DAD E OF^TROANSFER SATTACH A CIOPY OF TI HOE DEED OR REAL ESTATE DATE OF DEATH VALUE OF ASSET °i° OF DECD'S INTEREST ( EXCLU510N IF APPLICABLE) TAXABLE VALUE USAA 1 337 shares of Cardinal Health, Inc. 10,965.98 10,965.98 2 168.5 shares of CareFusion Corp. 3,605.90 3,605.90 3 200 shares of Celgene Corp 11,562.00 11,562.00 4 1,000 shares of Corning, Inc. 18,550.00 18,550.00 5 400 shares of Dendreon Corp. 15,455.00 15,455.00 6 200 shares of Exellxis, Inc. 628.00 628.00 7 200 shares of ImmunoGen, Inc. 1,884.00 1,884.00 8 200 shares of Infinity Pharmaceuticals, Inc. 1,150.00 1,150.00 9 100 shares of Isis Pharmaceuticals, Inc. 875.00 875.00 10 301.066 shares of Manulife Financial Corp 4,094.50 4,094.50 11 400 shares of Micromet, Inc. 2,824.00 2,824.00 12 244 shares of Pfizer, Inc. 4,043.08 4,043.08 13 1,500 shares of Rite Aid Corp. 1,500.00 1,500.00 14 200 shares of Seattle Genetics, Inc. 2,528.00 2,528.00 15 USAA -cash 29,305.81 29,305.81 Total of Continuation Schedules See attached a es TOTAL (Also enter on Line 7, Recapitulation) I 613,412.14 (If more space is needed, additional pages of the same size) Copyright (c) 2002 form software only The Lackner Group, Inc. Form PA-'1500 Schedule G (Rev. 6-98) / Rev-1510 EX+ (6-98) .,. COMMONWEALTH OF PENNSYLVANIA INHERITANCE TAX RETURN RESIDENT DECEDEN? SCHEDULE G INTER-VIVOS TRANSFERS & MISC. NON-PROBATE PROPERTY continued ESTATE OF FILE NUMBER Meiasich, Matthew J. _ 21-10-0850 ITEM NUMBER DESCRIPTION OF PROPERTY THE DATE OF TRANSFERSATTACIITA COPYEOF THOE DEIED FOOR REAL ESTATDE DATE OF DEATH VALUE OF ASSET °io OF DECD'S INTEREST ExcLUSION CIF APPLICABLE) TAXABLE VALUE 16 Midland National Life Insurance Company -Annuity 71,864.98 71,864.98 #8500143339 -payable to children 17 Transfers in contemplation of death - $10,000 checks 50,000.00 50,000.00 given to five children within one year of death 18 Members First -Regular savings account 25.00 25.00 19 Members First -Money Management Account 42,748.88 42,748.88 20 Members First -Checking #2182269346 3,652.64 3,652.64 21 Members First - S0040 18 month certificate, due 12,542.66 12,542.66 2118112 22 Members First - S0042 15 month certificate, due 11,745.17 11,745.17 611 /2011 23 Members First - S0044 19 month certificate, due 12,483.20 12,483.20 10121 /2010 24 Members First - S0046 19 month certificate, due 11,538.09 11,538.09 11/19/2011 25 Members First - S0048 30 month certificate, due 12,368.91 12,368.91 1 /21 /2011 26 Members First - S0057 29 month certificate, due 13,647.16 13,647.16 12/8/2010 27 Members First - S0058 18 month certificate, due 16,803.54 16,803.54 9112/2011 -~ Copyright (c) 2002 form software only The Lackner Group, Inc. Form PA-1500 Schedule G (Rev. 6-98) Rev•1510 EX+ (6-98) COMMONWEALTH OF PENNSYLVANIA INHERITANCE TAX RETURN RESIDENT DECEDENT SCHEDULE G INTER-VIVOS TRANSFERS & MISC. NON-PROBATE PROPERTY continued ESTATE OF FILE NUMBER Meiasich, Matthew J. 21-10-0850 ITEM NUMBER DESCRIPTION OF PROPERTY THE DATE OF TRANSFERSATTACNTA COPYEOF THOE DEED OR REAL ESTATE. DATE OF DEATH VALUE OF ASSET °r° OF DECD'S INTEREST ( ExcLU:>lora IF APPLICABLE) TAXABLE VALUE 28 Members First - S0064 18 month certificate, due 10,571.61 10,571.61 9/10/2011 29 Members First - S0065 19 month certificate, due 11,055.71 11,055.71 2/14/2011 30 Members First - S0066 19 month certificate, due 12,055.60 12,055.60 5/29/2011 31 Members First - S0066 15 month certificate, due 11,745.93 11,745.93 3/12/2011 32 Members First - S0068 15 month certificate, due 11,083.39 11,083.39 3/23/2011 33 Metro Bank - #536163306 38,608.40 38,608.40 34 Premises: 518 Thornwood Lane, Carlisle, PA 17013 - 149,900.00 149,900.00 Listing price -see Contract attached TOTAL (Also enter on Line 7, Recapitulation) 613,412.14 Copyright (c) 2002 form software only The Lackner Group, Inc. Form PA-1500 Schedule G (Rev. 6-98) ~ REV-1151 EX+ (10-06) ~ , COM INOHERITANCE TAX RET~RN ANIA RESIDENT DECEDEN SCHEDULE H FUNERAL EXPENSES & ADMINISTRATIVE COSTS ESTATE OF FILE NUME3ER Mejasich, Matthew J. _ 21-10-0850 Debts of decedent must be reported on Schedule I. ITEM DESCRIPTION AMOUNT NUMBER - A, FUNERAL EXPENSES: See continuation schedule(s) attached I 8,906.77 g. ADMINISTRATIVE COSTS: 1. Personal Representative's Commissions Name of Personal Representative(s) Street Address City State Zia Year(sl Commission Daid 2. Attorney's Fees Timoney Knox, LLP 12,600.00 3. Family Exemption: (If decedent's address is not the same as claimant's, attach explanation) Claimant Street Address City State Zip Relationship of Claimant to Decedent 4 Probate Fees ) 104.00 5. Accountant's Fees 6. Tax Return Preparer's Fees 7. Other Administrative Costs 2,$59.85 See continuation schedule(s) attached TOTAL (Also enter on line 9, Recapitulation) 24,470.62 Copyright (c) 2009 form software only The Lackner Group, Inc. Form PA-1600 Schedule H (Rev. 10-06) SCHEDULE H FUNERAL EXPENSES AND ADMINISTRATIVE COSTS continued ESTATE OF FILE NUMBER Mejasich, Matthew J. 21-10-050 ITEM NUMBER DESCRIPTION AMOUNT Funeral Ex e~ nses 1 Hoffman-Roth Funeral Home, Inc. -Purchase of urn 180.00 2 Hoffman-Roth Funeral Home, Inc. ~ 7,677,77 3 Rillo's Restaurant -luncheon 1,049.00 H-A 8,906.77 Other Administrative Costs 4 Borough of Carlisle - waterlsewer bill 65.94 5 Carlisle Borough Tax Account -county taxes 875.17 6 Cumberland County Law Journal -estate notice 75.00 7 PPL Electric Utilities 878.52 8 The Sentinel -estate notice 219.40 9 UPS -Shipping tangibles 723.82 10 UPS -Postal box rent 22.00 H-B7 2,859.85 Copyright (c) 2002 form software only The Lackner Group, Inc. Form PA-15iD0 Schedule H (Rev. 6-98) ~ Rev-1512 EX+ (12-08) COMMONWEALTH OF PENNSYLVANIA INHERITANCE TAX RETURN RESIDENT DECEDENT SCHEDULE 1 DEBTS OF DECEDENT, MORTGAGE LIABILITIES, & LIENS ESTATE OF FILE NUMBER Mejasich, Matthew J. 21-10-0850 Report debts incurred by the decedent prior to death that remained unpaid at the date of death, including unreimbursed medical exp~ansc~s. (If more space is needed, additional pages of the same size) Copyright (c) 2009 form software only The Lackner Group, Inc. Form PA-1500 :>chedule I (Rev. 12-08) r _ _ __ f ' SCHEDULE J BENEFICIARIES (Part I, Taxable Distributions) ESTATE OF: Matthew J. Mejasich 08/10/2010 Item Name and Address of Person(s) Share of Estate Amount of Estate Number Receiving Property Relationship (Words) ($$$) 1 Michael E. Bell None Specific bequest oaf 121 Sunset Drive tangibles Mt. Holly Springs, PA 2 Mary K. Mejasich Daughter 1/5 residue 2121 Jamieson Avenue Unit 1005 Alexandria, VA 22311 3 Paul J. Mejasich Son 1l5 residue 4250 Glencoe Avenue Apt. 1116 Marina Del Rey, CA 90292 4 Richard M. Mejasich Son 1/5 residue 414 Andorra Glen Court Lafayette Hill, PA 19444 5 Kim M. Taylor Daughter 1/5 residue 2807 West Canyon Avenue San Diego, CA 92123 6 Ann M. von Recum Daughter 1/5 residue 154 Aikahi Loop Kailua, HI 96934 Tota I 1 9804 Frcdcricksburg Road San Antonio, Texas 78288 USAA September 2, 2010 Estate of Colonel Matthew J. Mejasich C/O Paul J. Mejasich 4250 Glencoe Ave. Unit 11 I6 Marina Del Rey, CA 90292-5660 Dear Major Mejasich: As you requested, below is the account value information as of August l0, 2010 for USAA Brokerage Account number ending in 7860. MATTHEW J MEJASICH TTEE MATTHEW J MEJASICH REVOCABLE LIVhIU TRUST UfA D'TD 2/8/Z003 Symbol Shares Share Price Dollar Value CASH 29,305.810 1.00 29,305.81 CAH 337.000 $32.54 $10,965.98 CFN 188.500 $21.40 $3,605.90 CELG 200.000 $57.81 $11,562.00 GLW 1,000.000 $18.55 518,550.00 DNDN 400.000 $38.6375 $15,455.00 EXEL 200.000 $3.14 $628.00 IMGN 200.000 $9.42 $1,884.00 INFI 200.000 $5.75 $1,150.00 ISIS 100.000 $8.75 $$75.00 MFC 301.066 $13.60 $4,094.50 MITI 400.000 $7.06 $2,824.00 PFE 244.000 $16.57 $4,043.08 RAD 1,500.000 $1.00 $1,500.00 SGEN 200.000 $12.64 $2,528.00 TQTAL $108,971.27 If you need further information, please contact a member service representative at 1-800-531-~-181. Sinccrcly, Monica M. Garcia Investor Account Services USAA 13roketage Services is a division of USAA Financial Advisors, Inc., a registered broker dealer. V M/DLAND NATIO'NAL` Jtife Insurance Com n ' • Annu Dlv/sion a8 y ~v September 27, 2010 PAUL MEJASICH 4250 GLENCOE AVE APT 1116 MARINA DEL REY CA 90292 Re: Matthew Mejasich, Deceased Contract #: 8500143339 Dear Mr. l~~lejasich: Anraitities cat their Best Annuity 1Jivision This contract is an Annuity. Enclosed is the information that is needed to complete the estate tax return. Decedent - Matthew J Mejasich SS# - XXX XX 1998 Date of Issue - 04/25/2003 Type of Contract -Non-Qualified Value as of Date of Death (08/10/2010) - $71,864.98 Cost Basis $ 50,226.75 Beneficiaries- Children of Insured If you have questions, please call us toil-free at 877-880-6367. We are available Monday through Thursday from 7:30 am to 5:00 pm (CST} and Friday from 7:30 am to 12:30 pm (CST). A service professional within the Claims and Benefit Department will be happy to take your important call. Sincerely, t~ Q~ ~ Falon Michalski Claims and Benefit Specialist Claims and Benefit Department cc: file ___ __ ~_ __ A_~rrsb~r o~ tis~ Sarrrrnc~rrs financfat ~raii~l _ J. _._ _____ t 7 ~~ •! .. , ~'v :`~, 1~:' ~ 3..~ q"T ~.Rr iii, i~ i-~ `~. Q r' R~ ~. T`i y~u':4R,J )~;1',n7' ~ !it:'r ~~~;/ v:' ~•.1~+'a}+ U :. k;; t4~.' +„ / .,. t ~ f4?:'. 131. i~b !1~ ~ r;'nw.~~~tf. Qfi,~t til.~ti, + CQitl '-y~:~"t,r~ti~"F ~r?!,'';::far (""~?I7i74~;`if y%;i(~f.:~r Account Activity 5fl PLUS CNECKIRIG Authorizations and Holds are now displayed separately from Accc~tnt Nan1e ~o ~t..us posted and processing transactions. Click here for details. cH~CKIN~:; ~ •:~:;~;F~; At;Grilffl! hlurnber 5.3F??~;?',t)i ~nter~st Rate ~ ~'~ -:, YTD Interest 554 47 f:;urrent Balance ~1:3l.~lf~5 ~+~ Ava!lable Balancr:; W23?.., 75a ~~~8 Account: 5iJ PLUS CHECKING {`33061 Pending Holds Effective Date Description There is no activity to view based on your selection. Date Type 8i1112G'10 C~ebit 8;912010 Debit 819120 + 0 Debit Total: $O.QU Check Number Description 15x7 CHECKS 1512 G1-iECKS 1521 CHECKS To: [~ 811 ~+2o1a ~~.~ Display Amount Expira#ion Date Amount Acct Balance inquiry ,.,- ~~10,000 001 ~ ~38:6os ao `~ :::::: 0286.38} ~48.6C)£s 40 ...._:..:: (5200 00} ~48:8~~~ _~ 8 F'r±<;i?ntC.a( ~,{;p~iOft u~~;.~'i40.'id± ~;C:t?is~<7t3t°+`7CU`~ Mei'C ~cif5i[ ~~inll~sf' ~.:alsk!s'ic;~ jV"E'titt3H! ~i71i =,.k ~-' ~j'ttti '^:t°St! '~E',:l '+/~FW•,(r~ t~zi!?k tS n Jv~iO~l :~V:'.lf?~: ;lill!irili it of ~f'!r,"? c3Frr~C'~, ~r•^_ • +t + Y y ,''p Arn 5'tr.;t 31! ~~iF J °ti!th M~,tm Fi;~r~v-_ ,.iG _:r,31 t;r~!a:n Type: From: __ qLL -.- 8~'9~2010 hti(~w:'~~~~,rtfitl~.rr~~ rn~tr~~h;~nk.c:i~i1~~%°htizll:~~l~t~l ~`i~(,~ii~~til ~'kr l~Z~z~~i~-IC)ci j;~;~1c~:~>r~r~ttii:~lct~l~it~~ ._. ~1~~1 1-~'~'(~ll(i LISTING CONTRACT - EXCLUSIVE.RIGHT TO SELL REAL ESTATE This form recommended and approved.for, but 1 of restricted to use by, the members of the Pennsylvania Association of REALTORS® (PAR). ,? Y : tip, ~ ~! :`~`1 n t i ? f `~ fir, . ' BROKER (Com:>an~~:': ~.,~;., ~ : ~ i=~:. ~ ~ ;~f ' ~ 2 : ...~... ~ ~ ~, LICENSEEr.S~ ; ~; SELLER , ~ t~~t~~':`r~ti Y Does Seller hav-e ~a ~ s If yes, explain: `ont~~ac~ wlth`another Brok:;:•2~~F:~,`Yes~~~ ~•l~o M~ XLS :.;.. 3~ 1. PROPERTY ~:;" , ;'`3 ~•~ ,~ f LISTED PRICE $ ~~'( w( j~ . (~ ~____~ Address ~ ~•~ ~ ;... ~ {. `~. , i ~k~ ;ti ,~' ,~ ~.; ~._t___-o,.~=~ _ .. .. Municipal~~t` (city, borougi,:, town~ip) ~.~'S; ~u;. ;t _, ~~~ _:..:. ...:.. ; ,•~:::,.. .~ .;.. - - -- • :~ ,- '" h'- ~ ., - =--~- ` `^, •' • - -:~--~- ~ ---- --- - .School District. ~ t ~r "z 1 ~ , •`--- ... . ..:onin ~~~, ~ >•, ,~~,, ~.~v. ... Present Use ' •=~x, \ ~ ,~ ,~ ,_...: . • Identification {; : <'~" .;:::. €~a:el•~~`;Lot, Block; Deed Book, Page, Recording Date) i" j ~~ ~~ '•{ ~. STARTING & ENDING DATES OF LISTING CONTRACT (ALSO CALLED "TERM") `~ :~~. No Association of REALTORS® has set or recommended the term of this contract. By law, the length or term of a listing con- :. fE.~;`. ~::<~~~ riot exceed one year. Broker and Seller have discussed and agreed upon the length or term oft .is '_:,~ntract. ' is{. ~ti;~t~:M~ "~~:te: This Contract starts when signe by . Broker and Seller, unless otherwise stated here: _~`~~; .' '•~ ~ f ~ ~'~~ ~ - , f r ~ w3.~ ,~~p ~ f .. .~.. y."~ a ........................... :.. E3 ~ ~:: ~. ~>~.e: This Contract ends on f~„ .:, r #• ~ Z •' s'~ ~ ((`~3~3vt~;~tt~~it ~a'~~~ f; :~L.~~ ~ \~ ?~`}4c? y~1~~,~~~~f ~~t~~ S~, `T~ ? '~~'t~ .~•~~`k ~,, S~ LL ~ • ::v ~ . .~~ \ <.t?T .2.~ •:~ },7~ ~4~ *. .2, [.h• } ~ ~ ` .il ~:- i t ~\t. ' 'y 7~ `• v t'~, S<.~ler agrees t.~at hro~ker :i?..~ a,so i•ep~se~~: th~; bu~er(s; of the Property. The Broker is a DUAL AGENT when t'' representing both Seller and the buyer in the sale of a property. 4. DESIGNATED AGENCY ~'~ ^ Not Applicable ~'~ ~<*~ Applicable. Broker may designate licensees to represent the separate interests of Seller and the; buyer. Licensee (identified -•~ tf' `above) is the Designated Agent, who will act exclusively as the Seller Agent. If Property is introduced to the buyer by a licensee ~~ in the Company who is not representing the buyer, then that licensee is authorized to work on behalf of Seller. If Licensee is also i" the Buyer's Agent, then Licensee is a DUAL AGENT. ~'~~ 5. BROKER'S FEE No Association of REALTORS~~~' has set or recommended the Broker's Fee. Broke~.r and Seller have negotiated '~ the fee that Seller will pay Broker. Broker's Fee is ~'~. ° o of the sales rice AND $ ~ ..~- .,~ ."~'; `~ < ,paid by Seller. ~'~ 6. COOPERATION WITH OTHER BROKERS .,-,,~ `-`' ' " ~~~ '~~ ~~'3 Licensee has explained Broker's company policies about cooperating with other brokers. Broker and Seller agree that Broker will pay ~~< from Broker's Fee a fee to another broker who procures the buyer, is~a member of a Multiple Listing Service (MLS), and who: ~~~ A. ^ re resents Seller SUBAGENT Broker will a •--~- P ( )• p y ......... ~;:~:, : :'•, .:. oflfrom the sale rice. F ~ :..., rr ~~ B. re resents the bu er BUYER'S AGENT Broker will pay.~-~~~~~~~~~~~~~~~~~'~~~~•~~~~~,~•~~~"•~~-„}~~~~~~~~~~~~~~~~~~~~~~~~~~ P Y ( )• _ ~~ ~~~_` s~, ; - of/from the sale price. ~•• ~~~ A Buyer's Agent, even if compensated by Broker for Seller, will represent the interests of the buyer. ~'~ C. ~7 does not represent either Seller. or a buyer (TRANSACTION LICENSEE). ','; /~~ Broker will a P Y ~ of/from the sale price. ~~ 7. PAYMENT OF BROKER~S~EE ~~'> A. Seller will pay Broker's Fee if Property, or any ownership interest in it, is sold or exchanged during the term of this ~~ Contract by Broker, Broker's salespersons, Seller, or by any other person or broker, at the listed price or any price accept- }' ale to eller. ~~ B. Seller will pay Broker's Fee if a ready, willing, and able buyer is found by Broker or by anyone, including Seller. A willing buyer ~; is one who will pay the listed price or mere for the Property, or one who has submitted an offer accepted by Seller. ~~ C. Seller will pay Broker's Fee if negotiations that are pending at the Ending Date of this Contract result in a sale. • D. Seller will pay Broker's Fee for a sale that occurs after the Ending Date of this Contract IF: ~~ (1) The sale occurs within _~ ~~-~~_^ _~__~___~_ _ of the Ending Date, AND ~' (2) The buyer was shown or neg~ottated to buy the Property during the term of this contract, AND ~~ (3) The Property is not listed under an 'exclusive right to sell contract" with another broker at the time of the sale. E. If a buyer signs an agreement of sale then refuses to buy the Property, or if a buyer is unable to buy the Property because of fail- v~ ing to do}~wll the things required of the buyer in the agreement of sale {buyer default)„ Seller will pay Broker ' ' ..:.~.~•-• of.~from buyer's deposit monies, OR the Broker's Fee in Paragraph '~, whichever is less. -•~~ F. If the Prope or any part of it is taken by any government for public use (Eminent Domain), Seller will pay Broker's Fee from ~~- any money paid by the government. ~~ G. If a sale occurs, Broker's Fee will be paid upon delivery of the deed or other evidence of transfer of title; or interest. If the Property y is transferred by an installment contract, Broker's Fee will be paid upon the execution of the installment contract. XLS Page 1 of 4 ~~ ` PerlrlSyiVa~la ASSOClBtlOrl Of REALTORS' COPYRIGHT PENNSYLVANIA ASSiocIATION OF REALTORS® 2003 f 7/06 <>~' 25. ` MAR.ICIi TII\ G OF PRf)PE]RTY A. V~'here permitted, Broker, at Broker's option, may use: ~ Far sale sign :.~9,Sold sign ^ Key in ofl"rce E~,Lock box • ~ Q~Print /elec;tronic advertising, including photographs ~. Property address in printfelectronic advertising. B, Broker ®~~~ .will /^ wilt not use a Multiple Listing Service (MLS) to advertise the Property to other. real estate brokers and .. salespersons. . Seller agrees that Broker, Licensee, and the MLS are not responsible for mistakes in.th~ MI/S and/or advertising of the Property. ~•: Z5. ITEMS INCIai~DF1D/NUT II'rl€~'LUDEb I1S 'THE PRICE (JF TI;fE P,ROPERT.~ A. TNCLUUF;D in the sale are all existing items lsernaar~ently installed in the Property, free of liens, including plumbing; heating; - lighting fixtures (including chandeliers and ceiling fans); water treat:rn.ent systems; pool and spa equipment; garage door openers and transmitters; television antennas; unpatted shrubbery, plantings, and trees; any remaining heating ara<l cooking fuels stared .. on tlae proper-fy at tl~e time of settlement; sump purn~ps starage~5heds; mailboxes; wall to wall carpeting; existing window screens; storm windows and srreert/storrn doors; window covering hardkvare, s<<:ades.;:.nd ::li:;;<.;r:; built-in air conditio; ~;rs, built-in appli- ,.. , .,r.. .. ...:: . ... an:::es; and the ra:;::•:e/oven, unless otherwise staled. Al~~:o inr.luded~. ~~~~ • ~ - . , .:.. , . ~ r:< .... :; ~. :. ,,, . . ,:. :; ... .. ~' ., ~ .~, .,: :,: :. B. LEASED t.ms ~{not o .: ned by .:~~elrer~: ~ ~ .. ... ~ .. ' , C. EXCLUDED fixtures and items: ~ E ~ ~~ ____.__r_._._. .... :~:~ ... ' ~ , , . ~ ADIDITIONAG INFCIR~'EATION (CIPTIONAL} ~` " %.. TITLE •& POSS~~ESSI4N ; ~~ ~ ~, , , ... ., ,;. A. ~~13er will~giwe possession of Property to a buyer at settlerne t orbn ."' • `~ ... __ ................•............................... B. ~t settlement, Seller will give hall rights of ownership;(~ee si ple} to:a~ buyer except as fo'-.o~i~s (1 } Mineral Rights Agreements: (2) Other: _ ----------------------------A--•------- -------------------------------------_--- C. Seller has: ^ Mortgage with: -_---__-__-__-_________-_ Amount of balance $ _ Address: Phone: Acct. #: C.~ Equity Loan with: Amount of balance $ Address: _ Phone: Acct. #: _ ^ Seller authorizes Broker to receive mortgage payoff and/or equity loan payoff information from lenders}. - -~__._.._._._..- D. Seller has: ^ Judgments ^ Murxicipal Assessment ^ Past Due Taxes ^ Other: ~___ $ $ $ $ E. If Seller, at any time on or since January 1, 1998, has been oblig~eted to pay support under an order on retard in any Peruisylvania county, list tlYe county and the L)omestic Relations Number or Docket Number: _ 'T'AXES, UTILITIES, 8c A;SSOCIATION FEES A. At settlement, Seiler will pay one-half of the total Reai Estate Transfer Taxes, unless otherwise stated her.::: F3. Real Estate Property 'T'ax Assessment $ Yearly Tares $ .__. , Wagellncome Tax $ ............................ .....Per Capita Tax $ _ __ C. Estimated tilities (trash, water, sewer, electric, as, oil, etc. • :' •~"` ~'' -%' •, ~-~ ...... .. .. , I). Association Fees $ • ~ lriclude: ~ BUYER FINANCING Seller will accept the following arrangements for buyer to pay for the Property: Cash ~ Conventional nwrtgage ~ FHA mortgage ~( VA mortgage •~' ^ Seller's hel to buyer ran f . ~ : Seller has read the Consumer Notice as adopted by the S#ate Real Estate Conantrission at 49 Pa. Code §3~S.33G. . ;• Seller givES permission for Broker to send information about this transaction to the fax number(s) andlar a-mail ~rddress(es) listed below. ..;::. Seller has read the entire Contract before signing. All Sellers must sign this Cont>;::act,, •.':: Return by facsimile (FAX) caastitutes acceptance oT this Contract. ::~~~~ NU'I'C~:E t~EFORF, SIGNING: IF SELLER HAS LEGAL QUESTIONS, SELLER IS ADti'iSED TQ CONSULT AN ATTORNEY. .•:r SELLER'S MAILING ADDRESS: • ~ ~ • PHON E: ~~ FAX: E R <: SELLEK ~ -------- ....... .. :::. DATE .., SELLER DATE ._ 1 ~ .::• BIi.OKER Com an Name ~! t p y ) ~• K y 1 .:>-~ ACCEPTED B'Y' ~; DA'T'E XLS Page 4 of 4 r.,,j ::i ;"~ ~'7a f..-- ~•.t.~ LAST WILL AND TESTAMENT ~; ~~ (Pour-Over Will) -~ OF _ _.. :MATTHEW J. MEJASICH ~•`~' ~_ IDEIv'TITY I, MATTHEW J. MEJASICI-I, residing in the County of Cumberland, Commonwealth of Pennsylvania, being of sound mind and memory, and not acting under duress or undue influence of any person whomsoever, hereby declare this to be my Last Wili and Testament, and I do hereby revoke all other former Wills and Codicils to Wills heretofore made by me. My Social Security Number is 469-24- 1998. I have the following children: Paul J. Mejasich, born March l7, 1959 and currently residing in Albuquerque, NM 87113, and Kim M. Taylor, bom May 26, 1962 and currently residing in San Diego, CA 92123, and Ann M. von Recum, born August 10, 1964 and currently residing in Copperas, TX 76522, and Richard M. Mejasich, born October 11, 1966 and currently residing in Ft. Washington, PA 19034, and Mary K. Mejasich, born December 19, 1968 and currently residing in Alexandria, ti'A 22314. DEBTS, TAXES AND ADMINISTRATION EXPF,NSES I have provided for the payment of all my debts, expenses of administration of property wherever situated passing under this Will or otherwise, and estate, inheritance, transfer, and succession. taxes, other than any tax on ageneration-skipping transfer that is not a liability of my Estate (including interest and penalties, if any) that become due by reason of my death, under THE MATTHEW J. MEJASICH REVOCABLE LIVING TRUST executed on even date herewith (the "Revocable Trust"}. If the Revocable Trust assets should be insufficient for these purposes, my Executor shall pay any unpaid items from the residue of my Estate passing under this Will, without any apportionment or reimbursement. In the alternative, my Executor may demand in a writing addressed to the Trustee of the Trust an amount necessary to pay all or part of these items, plus claims, pecuniary legacies, and family allowances by court order. PERSONAL AIV'D HOUSEHOLll EFFECTS It is my intent that alI my personal and household effects were transferred to the Revocable Trust as a result of the Declaration of Intent signed this date. If there are any questions regarding the: ownership or disposition of these assets, it is my desire that such assets pour into the Revocable `T'rust, signed by me this date in accordance with the provisions of the section titled "Residue of Estate." RESIDUE OF ESTATE I give, devise and bequeath all the rest, residue and remainder of my property of every kind and description (including lapsed legacies and devices}, wherever situated and whether acquired before or after the execution of this Will, to the Z~rustee under that certain Trust executed by me on the same date ~f the execution of this Will. 7'he Trustee shall add the property bequeathed and devised by this rte; corpus of the above described Trust and shall hold, administer and distribute said property in acc:oruance with the provisions of the said Trust, including any amendments thereto made before my death, POUR-OVER WILL Page 1 : ':~ ;" ,^. ~statt~~r If for any reason the said Trust shall not be in existence at the time of death, or if for any reason a court of competent jurisdiction shall declare the foregoing testamentary disposition to the Trustee under said Trust as it exists at the time of my death to be invalid, then I give all of my Estate including the re: e and remainder thereof to that person who would have been the Trustee under the Trust, as Trustee, and to their substitutes and successors under the Trust, described herein above, to be held, managed, invested, reinvested and distributed by the Trustee upon the terms and conditions pertaining to the period beginning with the date of my death as arc constituted in the Trust as at present constituted giving effect to amendments, if any, hereafter made and for that purpose I do hereby incorporate such Trust by reference into this my Will. EXECUTOR I hereby nominate and appoint Paul J. Mejasich to serve without band as my Independent Executor of this my Last Will and Testament. In the event the first named Executor shall predecease me or is unable or unwilling; to act as my Executor for any i-casons whatsoever, then and in that event, I hereby nominate and appoint Ricl1ard M, Meja.sich to serve without bond as my Independent Executor. Whenever the word "Executor" or any modifying or substituted pronoun therefore is used in this my Will, such words and respective pronouns shall be held and taken to include both the singular and the plural, the masculine, feminine and neuter gender thereof, and shall apply equally to the Executor named herein and to any successor to substitute Executor acting hereunder, and such successor or substitute Executor shall possess all the rights, powers, duties, authority, and responsibility conferred upon the Executor originally named herein. EXECUTOR POWERS I3y way of Illustration and not of limitation and in addition to any inherent, implieel or statutory powers granted to executors generally, my Executor is specifically authorized and empowered with respect to any property, real or personal, at any time held under any provision of this my Will; to allot, allocate between principal and income, assign, borrow, buy, care for, collect, compromise claims, contract with respect to, continue any business of mine, convert, deal with, dispose of, enter into, exchange, hold, improve, incorporate any business of mine, invest, lease, manage, mortgage, grant and exercise options with respect to, take possession of, pledge, receive, release, repair, sell, sue for, make distributions in cash or in kind of partly in each without regard to the income tax basis of such asset and in general, exercise all of the powers in the management of my Estate which any individual could exercise in the management of similar property owned in its own right upon such terms and conditions as to my .Executor ma.y seem best, and execute and deliver any and all instruments and do all acts which my Executor may dee~rn proper or necessary to carry out the purpose of this my Will, without being limited in any way by the specific grants or power made, and without the necessity of a court order. My Executor shall have absolute discretion, but shall not be required, to make adjustments in the rights of any Bcnef"iciaries, or among the principal and income accounts to compensate for the consequences of any tax decision or election, or of any investment or administrative decision, that my executor believes has had the effect, directly or indirectly, of preferring one Beneficiary or group of Bcnefic~arics over others. In determining the Federal Estate and Income Tax liabilities of m;/ Estate, my POLR-OVEK WILL Page 2 '`` _. ~~~~ 'I`~.'~ta'I'o r Executor shall have discretion to select the valuation date and to determine whether any or all of the allowable administration expenses in my Estate shall be used as Federal Estate Tax deductions or as Federal Income Tax deductions. SPECIFIC OMISSIONS I have intentionally omitted any and all persons and entities from this, my :Last Will and Testament, except those persons and entities specifically named herein. If any person or entity shall challenge any term or condition of this Will, or of the Living Trust to which I have made reference in the sections "Household and Personal Effects" and "Residue of Estate," then, to that person or entity, I give and bequeath the sum of only one dollar ($1.00) only in lieu and in place of any other benefit, grant, bequest or interest which that person or interest may have in my Estate or the Living Trust and its Estate. SIMULTANEOUS DEATH If any other Beneficiary should not survive me for sixty (60) days, then it shall be: conclusively presumed for the purpose of this my Will that said Beneficiary predeceased me. ' ~ l ~ Fl /~~+.~ `,i 1v1A1'~1"I-iI J. 14~ ~a AS 1C"I-I ,, 'Testator This instrument consists of 5 typewritten pages, including the Attestation Clause, Self-Proving Clause, signature of Witnesses, and acknowledgment of officer. I have signed my name at the bottom of each of the z .ceding pages. This instrument is being signed by me on this L~~,/~ day of POUR-OVER WILL Page 3 ATTESTATION CLAUSE The Testator whose name appears above declared to us, the undersigned, that the foregoing ins Went was his/her Last 'Will and Testament, and he or she requested us to act as wit~aesses to such instrument and to hislher signature thereon. The Testator thereupon signed such instrument in our presence. At the Testator's request, the undersigned then subscribed our names to the instrument in our own handwriting in the presence of the Testator. The undersigned hereby declare, in the prf~sence of each of us, that we believe the Testator to be of sound and disposing mind and memory. Signed by us on the same day and year as this Last Will and Testament was signed by the Testator. WITNESSES: ADDRESSES: _ -- ; 1,-~ ,... _ .~ - (Printed Name of Witness) Y-~~:~r ~ n .. i~.~..~ ~ (Printed Name of Witness) i ~------~-~----~ t---- City, State, Zip ,., ,,,. City, State, Lip ~ ~~ POUR-OVER WILL Page 4 , , 1, ---~~~'~i~- 'T4;st~rtcir COMMOIV'WEALTI~I OF PENNSYLVANIA COUIV'TY OF CUMBERLAND SELF-PRUNING CLAUSE I3I~FCaI:I: ~-I1:, the undersigned authority, on this day ~ersorially <~[Z~ared 11~A'I'Tl^iEW J. MEJASICH, /~il~i~.f'/,.__.,.~'"l, .ir`'~/ and ~/'~~~=~, ~ jN' .~c~, ~/ known to me to be the Testator and the witnesses, respectively, whose names are subscribed to the foregoing instrument in their respective capacities, and all of them being by me duly sworn, MATTHEW J. MEJASICH, Testator, declared to me and to the witnesses, in my presence, that the instrument is his/her Will and that he or she had willingly made and executed it as his/her free act and deed for the purposes therein expressed; and the Witnesses, each on his or her oath, stated to me in the presence and hearing of the Testator, that the Testator had declared to them that the instrument is his Will and that he or she executed the same as such and wanted each of them to sign it as a witness; and upon their oaths, each witness stated further that he or she did the same as a witness in the presence of the Testator, and at his request and that he or she was at that time eighteen (18) years of age or over and was of sound mind, and that each of the witnesses was then at least fourteen {14) years of age. +l~! ..<1 I l 1-C C. ~~.=Jp.. - T~y~:r~ S ICr I I Testator ~..._._ Witness ____-___.~ f L r~ t? l l L~ ~ i L ~-- _..._.___.~__._ (Printed Name of Witness) W "t ess (Printed Name of Witness) SUBSCRIBED AND ;•~C'KNC)~~'I..IC:)C:;I~L) ticlt~re me ley ti•1.~"I~"IBC-IIr~V J. MEJASICH, Testator, and suJascrib~~ci a»ci sworn tc~ he; tart me by ,~~~~(~~FF,,~ f •c`'~ ,~ ~' /~ _ _ and ...__,...~i~!'~~~ %~" ~~' /` ~_ ~, _ __, witnesses, this the !~~ ~. .~.___. ~~~~.~._ day of . ~ ~,~y~-,, _,. "~~„+ Nc:~t,~ry Public, Commonwealth of Pennsylvania ~~ ~ :./ ~M'~ P~tiR-OVER WILL. Page 5 REVOC'Af3LE LIVINCs TRUST AGREE~IEtiT ,;THIS AGREEMENT AND DECLAR_~TION OF TRUST, made effective the ._' ~ ~~ day of ~ , ---- ~---_~-~`~~~~~ :_~ ~ ,. 20 , by MATTHEW J. MEJASICI-I, Grantor, Settlor and "Trustee, wh.o resides at ~- 18 Thol•nwood Lane, Carlisle, County of Cumberland, Commonwealth of Pennsylvania, does hereby establish a Trust upon the conditions and for the purposes hereafter set forth. MTNESSE"I~H: WHEREAS, in order to provide the future comfort and seew-Ity to himself and the other beneficiaries hereafter mentioned, Grantor desires to create a revocable trust for the purposes hereinafter set forth; ARTICLE ONE Te~~j~rs of the Trarst Section 1.01 -Trust Estate Defined NUVd. THEREFORE, in consideration of the premises and of the Covenants herein contained this Revocable Trust is formed to hold title to real and personal property for the benefit of the Sfatlor of this Trust and to provide for the orderly use and transfer of these assets upon the death of the Settlor. The "Trust ]/State" is defined as all property transfen-ed or conveyed to and received by the Trr.~stee held pursuant to the terms of this instrurrrent, The Trustee is required to hold, administer, and distribute this property as provided in this Trust Agreement. The name of this Trust Agreement shall be: THE MATTHEW J. ME.I.ASIC(/H RF..VOCABL.E .LIVING TRUST AGREF.'vIE'~I~:C DATED '/~ ._ . _. ,; ~._..:`' ~ , 7p c'_ 1 ~,; Section 1.02 -Definitions of Terms As used in this Trust Agreement: l . rI-he term "Settlor" shall mean MATTHE`V J. MEJASICH. ?. The term "Descendant" shall mean the lawful issue of a deceased parent ir1 the Line of descent. but does not include the issue of any parent. ~vho is a descendant of the deceased person in question and who is living at the time in question. 3. The terms "Child" and "Descendant" include any issue born to decedent, a child legally adopted by the decedent, and a posthumous child of a decedent. A posthumous child is to be considered as livin~~ at the time of his or her parent's death. ~. I,he term ~'Survives" or "Surviving", unless otherwise il~dicated herein, shall be construed to mean survi~~~in~ the decedent for at least sixty (60j days. If the person refen'cd to dies REVOCABLE LIB-I`r~G TR~~ST AGREE~~I'~C~T Page 1 within sixty (60) days of the death of the decedent, the reference to him or her will be construed as if he or she had failed to survive the decedent; prop-ided, how-e~~-er~, that any such person will have, during such period, the right to the use and enjo}mzent as a life tenant of all property in which his or her interest will fail by reason of death during such period. ~. The term "Issue" will include all natural and adopted children, if applicable, and descendants and those legally adopted into the line of descent. 6. The teen "Per Stilpes" means strict per stirpes and does not mean per capita with representation. Beneficiaries entitled to take under a "per stilpes" clause will include both natural and adopred children and their descendants. 7. The terms "Trust Assets" and "Trust Estate" include all assets of any trust created hereunder and income derived fi•om such assets and all proceeds of anv description derived from the sale, exchange, or other disposition of such assets. ~. When required to give reasonable effect to the context in which used, pronouns in the masculine, feminine, or neuter gender include each other, and nouns and pronouns in the plural or singular number include each other. Section 1.03 -Trustee I)esibnation Settlor is hereby desi~zated as Tnis_tee. The teen "Trustee" as used in this Trust Agreement shall refer to Settlor so long as he or she serves as Trustee, and/or to any successor Trustee who assumes the role of Trustee. These Trustees shall serve in the order as provided in Section 8.01 of this Trust Agreement. Section 1.04 -Additions to Trust Properties The Trustee, at any time during the continuance of this Trust in his or her sole discretion after consideration of the possible tax consequences to all concerned, Is authorized to receive into the Trust additions of cash and other properties from any source whatsoever, 4vhether by gift, will, or otherwise. However, the Trustee shall accept all assets which any person or persons may give, devise, or bequeath by Last will and Testament to this Trust, and shall accept all assets transferred to this TI'ust pursuant to the provisions of an_y other Trust document or documents. 2. In addition, any person or persons may designate this Trust as the Beneficiary, Primary or Contingent, of any death benefits to include insurance benefits, pension benefits, or other benefits. Until such benefits mature, the Trustee shall have no responsibility with respect to those benefits. Section 1.05 -Apportionment The "Trustee of the Trust is directed to apportion receipts and expenditures of the types described below between principal and income as follows: Whenever the principal, or any part thereof.. of the Tl•Llst property is il,vested in securities p!u-chased at a premiLlm or at a discount. any premium will be charged against principal and any discount «~ill be credited to principal; P.~v'OC'ABLE LIVI\G TR~'ST AGREEi~~IE'~'~' Page 2 Any stock dividends and rights to purchase additional stock issued on securities held in trust will be treated as principal. All other dividends, except liquidating distributions, «'ill be treated as income; and "Che amount of any applicable depletion allo~~-ance for federal income tax purposes ~.~-i11 be treated as income. Section 1.U6 -Discretionary Termination The Trustee may telZlllllate ally TI"List when, Ill the Opllllon Of the Tl'Llstee, the principal is reduced to such an extent that it is not in the best interest of the Beneficiary or Beneficiaries to continue the Trust. The judgment of the Trustee with respect to this decision to terminate will be final and not subject to judicial review. If the Trustee terminates a Trust according to this Section, the date the Trust terminates will be deemed the date fixed for termination of the Trust, and the TI-ustee will distribute the assets of the terminating Trust to the Beneficiary or Beneficiaries pursuant to this Agreement. Section 1.07 -Amendment and Revocation At any _time during ,the llte of the Settlor, the Settlor may, by a duly executed instrument filed with the __.. _ ..,_ ~._._.~ .We Trustee: Amend this Trust Agreement in any manner; andior Revolve this Trust Agreement in part or in whole. If the Trust Agreement is revoked in ~,~-hoie, the Trustee shall transfer title to all Trust property of every kind alld descrlptlon back into the individual name of the Settlor. The instrument of amendment or revocation shall be effective immediately upon its proper execution by the Settlor, but until a copy has been received by a Trustee, that Trustee shall not incur any liability or responsibility either (i) for failing to act in accordance with such instrument or (ii) for acting in accordance with the provisions of this Trust Agreement without regard to such instrument. Withdraw from the Trtlst Estate all or any part of the principal and accumulated income of the Trust to satisfy liabilities lawtillly incun•ed in the administration of this Trust. Section 1.08 -Revocation or Alteration by Settlor• Alone The rights of revocation, withdrawal, alteration, and an-lendment reserved in this Article may only be exercised by the Settlor and may not be exercised by any other person, including an agent, a guardian, or a conservator. Section 1.09 -Irrevocability Except as otherwise provided, on the death of Settlor, the designation of Beneficiaries of specific lifts in „~„ ., tl~i5 Tius_t_ shall become iiz-evocable and not sub~ct to amen~l~n or modifical.ion. Section 1.10 -Settlor Powers ~~Che Settlor shell be the Trustee unless and until he or she resigns ill writing or is determined incompetent under the terms provided herein. The Sr~ttlor snail retails all absolute riC7hts to c(iscizar~~e or' replace any Sue-censor Trustee so long as the Settlor is competent. REV~CAI$LC L.IVINC TRUST AGREEI~~IE~~T Page 3 .~I2TICLE T~'F'O ~'i•6[Sl <~~lfllZllZlSfJ'QliOJt action 2.01 -Trust Income During the life of the Settlor, the 'T'rustee shall at least annually, unless otherwise directed by Settlor in writing, pay to or apply for the benefit of Settlor, all of the net income from the Trust Estate. Section 2.02 -Protection of Settlor in Event of Incapacity DL1I.111g the life of the Settlor, should Settlor become incapacitated as defined in Section 2.G~3 below, the Trustee mav, in the Trustee's absolute discretion, pay income and principal for the benefit of the incapacitated Settlor, and may pay to or apply for the benefit of that Settlor such sums :from the net income and ti-om the principal of the Estate of the -Trustee, in the Trustee's absolute discretion, believes is necessaly or advisable for the medical care; comfortable maintenance; and welfare of the Settlor. Section 2.03 -Incapacity liz the event that any Trustee or any Beneficiary hereunder comes into possession of any of thc' following: A jurisdictionally applicable court order holding the party to be legally incapacitated ro act on his or her behalf and appointing a guardian or conservator to act for him or her; or 2. Written certificates which are duly executed, witnessed, and acknowledged of two licensed physicians, each certifying that the physician has examined the person and has concluded that, by reason of accident, mental deterioration, or other cause. such person 11as become incapacitated and can no longer act rationally and prudently in his or her o~vl~ financial best interest; or 3. Evidence which such Trustee or Beneficiary deems to be credible and curl-ently applicable that a person has disappeared, is unaccountably absent, or is being detained under duress, and that he or she is unable to effectively and prudently look after his or her own best interests, t;!-len in that event and under those circumstances: a. Such person is deemed to have become incapacitated, as that terns is used in this Trust agreement; and b. Such incapacity is deemed to continue until such court order, certificates, and ! or circumstances are inapplicable or have been revolted. A physician's certificate to the effect that the person is no longer incapacitated shall revoke a certificate declaring the person incapacitated. The certificate which revokes the earlier certificate may be executed by either the original certifying physician or by two other licensed, board certified physicians. t\~o 'T'rustee shall be under any duty to institute any inquiry into a person's possible incapacity. 1~he reasonable expense of any such inquiry shall be paid from the Trust assets. Section 2.04 -Principal Invasion During the life of the Settlor, shoilid the net income of assets contained in this Trust at the time of the Settlor's death be insufficient to provide for the care, maintenance, or support of the Settlor .as herein defined. the Trustee may.. in the Trustee's sole and absolute discretion. pay to or apply for the benefit of the Settlor or any of their dependents, such amounts from the principal of the "Trust Estate as the: Z~~rustee deems necessary or acl~~isable for the care, maintenance, or support of the Settlor. IZEVOCAI3I,E LI~/I'~G TI~L'ST AC~IZFEI~~IEtiT Pale =~ Section x.05 -Residence _ the 5ettlor~s residence property is a part of the Trust, the Settler shall hay-~ pi~ssessi<:>11 0~~ and full 11~anagement of the residence and shall have the right to occupy it tree of rent. Any expenses arising from the maintenance of the: property and from all tares, liens, assessments.. and insurance prelniurns, are to be paid from the Trust to the extent that assets are available for payment. It is the intent of the. Grantor to retain all homestead ri~Thts available to him or her under the applicable state la~~~. ARTICLE THREE f~ljli11lJlS'fl'lltlUll/D1Sli'I~llllOlJ ll~ Tl'll.Sl Section 3.01 -Death O,~__Il~e dzatl~_ of the Settloi~, the Trt.tstc;e shall distribute the ~~rinci~al ~~ tl~e Ti•u5t atzd any aCCI"lied OI" 1.1I1d1Stl"ibtlted l_nCOnle fl"011 the pi"1nClpal of t17e I r'USt I11 SUCK a 111a11ner and CO SllCh pt'I"SOWS, lnClllditl~ the F:state~ofwthe C_reditars, as directed in this Trust Agreement. ~_ Section 3.02 - Pa~~ment of Death Expenses On the dearh_o,f the Settler, the T~r.ustee shall pay from the Trust Estate co._~stitt.ltin~? the S~°ttloi"'s last i mess funeral burial and ally inheritance, estate, or death taxes that may be due by re~son_of t1~~..?.~IT191;'s de~~Ili,.~.~t~lr'.ss_tlze Ttustee,~ii111ts o`-iTer a solute discretion determines that other adequate provisions have been made for the payment of such expenses and taxes. ~~~ Section 3.03 -Trust Income and Principal Distribution 1. The "I,rustee shall apply and distribute the net income and principal of each of the sham's of the resulting Trust Estate, after giving etfec_t to the section of thls Trust '~t~recmtnt entrtled '`Special L)irectlves" to the follo~aring Beneficial les !n the lndlcated fractional shat es:~ Pahl J. !Llc~jllsiclr 1/5 h'ilu~ ~'~l I'a}'l or__ 1 /~ Anll ~I. vun R~~ctlnl 1/j Richard 1~I 'l~Ic~atilch 1/5 ~Llary IC. lYlc~Jasich _, 1/5 2. If any of the above Beneficiaries, or any other Beneficiary, is under the age of 21 years 4vhen the distribution is to be made, the 'I'nrstee shall have authority to distribute the same, ir1 4~rhole or in part, to a custodian for the minor appointed under a Uniform Gifts or Transfers to 1Vlinors Act, or the Trustee may retain any such property and administer and distribute the samir for the benefit oI' rho minor.. paying to or for the benefit of such minor so much of the income and principal of the retained property from time to time as the Trustee deems advisable for the health, education, support, and maintenance of the minor. ~-When the person for whom the property is held attains the aye of 21 years, the propcrt}% shall thereupon be distributed to him or her free of trust unless other~~-ise stated in this Agreement. If the minor should die before attaining the afire ol~ n"ta~ority, the property shall then be paid and distributed to the estate of the minor. RE~'OCAI3L1r L,IVI~'G TRCST AGREEVIEtiT Page If all of the Settlor's Beneficiaries and their children should fail to survive the final distribution of the Trust Estate, alI of the Trust Estate not disposed of as hereinabove provided shall be distributed as provided for in this Trust Agreement. Section 3.04 -Principle of Representation If a Beneficiary of the Settlor should fail to sun~ive to collect his or her share, that share shall pass to the surviving issue of that deceased Beneficiary per stirpes and with right of representation. ARTICLE F4L,~It Trtr.ste~ Pofver•s c~'c Provisiojrs Section 4.01 - i<on-Income Procfticing Property During the li i'e of the Settlor, the Trustee is authorized to retain in the Trust, for so long as the Trustee may deem advisable, any property received by the Trustee from the Settlor, whether or not such. property is of the character permitted by Iaw for the investment of Trust fiords. Section 4.02 -Trustee Powe~•s The Trustee shall have all powers conferred upon a Trustee by law for the orderly administration of the Trust Estate. If any property is distributed outright under the provision of this Trust Agreement to a person who is a minor, distribution may be made under the Pennsylvania Uniform Transfer to :Minors Act ("PAUTMA"). The Trustee is further authorized to sigt~~, deliver, andior receive any documents necessary to carry out the powers contained within this Section. The "I~rustee of any trust created under this Trust Agreement (including any substitute or successor "I•rusteej will ha•~~e and be subject to all of the powers, duties, and responsibilities granted or imposed by the Pennsylvania Consolidated Statutes (20 Pa. C.S. Section l0I et seq.) as such Statute may provide at the time of administration of the Trust, except to the extent that the same are inconsistent ~i~ith the provisions of this Agreement. Section 4.03 -Specific Powers of Trustee In addition, the Trustee will have the following specific powers: Trust Estate: The Trustee may leave invested any property coming into its hands hereunder in any form of investment even though the investment may not be of the character of investments permitted by law to trustees, without liability for loss or depreciation in value. The Tn.~stee may sell. exchange, or otherwise dispose of and reinvest property which may at any time be a part of the Trust Estate upon such. terms and conditions as the Trustee inay deem advisable. Tl~e Trustee may invest and reinvest the Trost Assets ti-om time to time in any property, real, personal, or mixed, including without limitation, securities of domestic and foreign corporations and investment trusts or companies, bonds, debentures, prefen•ed stocks, common stocks, mortgages, mortgage participation, and interests in cornmoil trust funds, all with complete discretion to convert realty into personalty or personalty into realty or other~~-ise change the character of the Trust Estate, even though such investment (by reason of its character, amount. proportion to the total Trust Estate, or otherwise) would not be considered appropriate for a fiduciary apart from this provision and even though such investment caused part or all of the total Trust Estate to be invested in investments of one type or of one business or company. RE~'C)CABLE L,I~'I'vG TIat~ST AG~E~IENT Page 6 Holding Property: The Trustee may hold property in the Trt~stee's name, as trustee, or in the name of a nominee without disclosing the Trust. Release of Power: If the Trustee deems it to be in the best interest of the Trust and its Beneficiaries, the Trustee, by written instrument signed by such Trustee, will have the power and authority to release, disclaim, or restrict the scope of any power or discretion g?-anted in this Trust Agreement or implied by law. ~. Agents, Employees: The Trustee may employ one or more agents to perfonr~ anv act of administration,. whether or not discretionary, including attorneys, auditors, investment managers, or others, as the Trustee shall deem necessary or advisable. The Trustee may compensate agents and other employees and may delegate to them any and all discretions and powers. Leases: The Trustee may lease any Trust Assets generally or for oil, gas, and mineral development, even though the lease term may extend beyond the term of the Trust of which the property is a part. The Trustee may enter into any covenants and agreements relating to the property so leased or concerning any improvements which may then or thereafter be erected on such property. Common Funds: The Trustee may hold any of the Trust Assets in a common fiend with property from other trust estates and may make investments jointly with any other trust, the property of which is included in the common fund. 7. Securities: ~~'ith respect to securities held in the Trust Estate, the Trustee may exercise all the rights, powers, and privileges of an owner, including but not limited to, the power to vote, give proxies, and to pay assessments and other sums deemed by the Trustee necessary for the protection of the Trust Estate. In addition, the Trustee may participate in voting trusts, foreclosures, reorganizations, consolidations, mergers, and liquidations, and in connection therewith, to deposit securities with and transfer title to any protective or other committee under such terms .as the Trustee may deem advisable. In addition, the Trustee may exercise or sell stock subscription or conversion rights and may accept and retain as an investment any securities or other property received through the exercise of anv of the foregoing powers, regardless of any limitations elsewhere in this instrument relative to investments by the Trustee. Purchases from Estate: The Trustee may purchase property of any kind from the ExeClltol• or Administrator of the Estates. 9. Lenclin`~: The Trustee may make loans, secured or unsecured, to the Executor or Administrator of the Estate, to any Beneficiary of the ~T rust, or to the Trustee. Further, the Trustc:c may use Trust Assets to guarantee obligations of any income Beneficiary of the Trust (unless such Beneficiary is serving as 't'rustee). 10, Distribt:tions to or for Beneficiaries: The Trustee may make any distribution contemplated by this Trust Agreement (1) to the Beneficiary; (2) if the Beneficiary is under a legal disability or if the Trustee determines that the Beneficiary is unable to properly manage his or her affairs, to a person furnishing support, maintenance. or education for the Beneficiary or with whom the Beneficiary is residing For expenditures on the Beneficiary's behalf; or (3) if the Beneficiary is a minor, to a trustee of an existing trust established exclusively for the benefit of s~ich minor, whether created by this Trust Ag~?•eement or otherwise, or to a custodian for the Beneficiary, as selected by the Trustee, under the Pei7nsvlvania uniform Transfer to Minors Act. Altei•tzati~~•ely, the Trustee may apply all or a part of the distribution for the Beneficiary's benefit. Any distribution under this paragraph will be a full discharge of the Trustee with. respect tl,.ereto. On I~EV~CABLE LIVI'~iG TRtiST AGREEI'IE'~'I' Page 7 any partial or final distribution of the Trust Assets, the Trustee may apportion and allocate the assets of the Tnrst Estate in cash or in kind, or partly in cash and partly in kind, or in undivided interests in the manner deemed advisable at the discretion of tl~e Trustee and to sell any property deemed necessary by the Trustee to make the distribution. The Trustee may distribute gifts of up to the maximum allot-able per year per donee out of principal andior interest. 11. Insurance: The Trustee may purchase new life insurance, pay the premiums on existing life insurance on the life of any Trust Beneficiary, purchase annuities (either commercial or private) from any corporation, trust, or individual, and may procure and pay the premiums on other insurance of the kinds, forms, and amounts deemed advisable by the Trustee to protect the Trustee and the Trust Estate. 12. BolYOtving: The Trustee may borrow money from the Trust Estate and others. To secure the repayment thereof, the Trustee may mortgage, pledge, or otherwise encumber part or all of the Trust Assets, and in connection with the acquisition of any property; the Trustee may assume a liability or may acquire property subject to a liability. 13. Repairs: The Trustee may make ordinary and extraordinary repairs and alterations to buildings or other Trust Assets. 14. Reserves: The Trustee may estaUlish such reserves out of income for taxes, assessments, repair, and maintenance as the Trustee considers appropriate. 1 ~. Continuation oi- Business: T11e Trustee may continue any business or businesses in tivhich the Trust has an interest at the time of the Settlor's death for so long as the Trustee may, in its sole discretion; consider necessary or desirable, whether or not the business is conducted by the Settlor at the time of his-her deatll individually, as a partnership, or as a corporation whcally owned or controlled by him, with full authority to sell. settle, and discontinue any of them when and upon such terms and conditions as the Trustee mav, in its sole discretion, consider necessary or desirable. 16. Retain Property for Personal Use: The Trustee may retain a residence or other property for the personal use of a Beneficiary and to allow a Beneficiary to use or occupy the retained property tree of rent and maintenance expenses. li. Dealings with Third Parties: The Trustee may deal with any person or entity regardless of relationship or identity of an_y Trustee to or with that person or entity. The Trustee may hold or invest any part of or all of the Trust Estate in common or undivided interests with that person or entity. 18. Partitions. Divisions, Distributions: The Trustee will have the power to make all partitions, divisions, and distributions contemplated by this Trust Agreement. An~~ partitions, divisions, or other distributions may be made in cash, in kind, ar partly in cash and partly in kind, in any manner that the "Trustee deems appropriate (including composing shares differentlyj, Tl~ie 'trustee may determine the value of any property, which valuation will be binding on all Beneficiaries. No adjustments are required to compensate for any partitions, divisions, or distributions having unequal consequences to the Beneficiaries. 19. Claims, Controversies: The Trustee may maintain and defend any claim or controversy by or against the Trust ~t~ithout the joinder or consent of any Beneficiary. The Trustee may coir..mence or defend at the expense of the Trust any litigation with respect to the Trust or any property of the ffZEVOC:ABLE LId~ING Ti2tST .~GI2I:EI~IE`~T Page 8 Trust Estate as the Trustee may deem advisable. The Trustee may employ, for reasonable compensation, such counsel as the Trustee shall deem advisable for that purpose. ~Ier~~er of Trusts: If'at any time the Trustee of any trust created hereunder shall also be acting as trustee of any other trtlst created b}% trust instrument or by trust declaration for the benefit of the same beneficiary or beneficiaries and upon substantially the same teI-Ims and conditions, the Trt,IStee is authorized and empowered, if in the Trustee's discretion such action is in the best interest of the Beneficiary or Beneficiaries, to transfer and merge all of the assets then held under such trust created pursuant to this Trust Agreement to and with such other trust and thereupon. to terminate the trust created pursuant to this Trust Agreement. The Trustee is filrther authorized to accept the assets of any other trust which maybe transferred to any trust created hereunder and to administer and distribute such assets and properties so transferred in accordance with the provisions of this AgIeement. 21. Termination of Small Trust: .Any coI-porate Trustee which is serving as the sole Trustee of any TI-ust or any Share thereof may at any time tenminate such Trust or Share if, in the -T'rustee's sole judgment, the continued management of such Trust or Share is no longer economical because of the small size of such Trust or Share and iF such action will be deemed to be in the best interests of the Beneficiary or Beneficiaries. In case of such termination, the Trustee will distribute forthwith the share of the Trust Estate so tertminated to the income Beneficiary, per stil-l~es. tpon such distribution, such Trust or Share will terminate and the Trustee will not be liable or responsible to any person or persons whomsoever for its action. The Trustee will not be liable for failing or refusing at any time to terminate any Trtlst or a Share thereof as authorized by this paragraph. 22. Power to Determine Income and Principal: Dividends payable in stock of the issuing corporation, stock splits, and capital gains will be treated as principal. Except as herein other4vise specifically provided, the Trustee will have full power and authority to determine the manner in ~~°hich expenses are to be borne and in which receipts are to be credited as between principal and income. The Trustee has the power to determine what will constitute principal or income and may withhold from income such reserves for depreciation or depletion as the Tnlstee may deem fair and equitable. In deter-m1I11I1Q such matters, the Trustee may give consideration to the provisions of the Pennsylvania Statutes (or its successor statutes) relating to such mattel-s. but it will not he bound by such provisions. 23. Generation-Skipping Taxes and Payment: IF the Trustee considers any distribution or termination of an interest or power hereunder as a distribution or terminatron subject to a genel-ation-skipping tax. the Trustee is authorized: a. To augment any taxable distribution by an amount which the Trustee estimates to he sufficient to pay such tax and charge the same to the particular trust to which the tax related without adjustment of the relative interests of the Beneficiaries; b. To pay such tax, in the case of a taxable termination, from the particular trust to ~~-hicll the tax relates without adjustment of the relative interests of the Beneficiaries. If such tax is imposed in part by reason of t11e Trust Assets, the Trustee will pa_y only the portion of such tax attributable to the taxable teI-Inination heI-eunder taking into consideration deductions, exemptions, credits, and other factors which the Trustee deems a~~l~~ isable; and REVOC.a~LE LIVItiG TR[.TST aGR~E~TE~T Page 9 To postpone final tern~ination of any particular trust and to withhold any portion or all of the "Trust Estate until the "Trustee is satisfied that the Trustee no longer has any Liability to pay any generation-skipping tax with reference to such trust or its termination. Section 4.04 -Special Provision for S Corporation Stoclc Notwithstanding what is otherwise provided in this Trust Agreement, if at any time the Trust contains any stock of a corporation which elects or has elected treatment as an "S Corporation" as defined b_y Section 1361(a)(1) of the Internal Revenue Code (or any coI-responding successor statute), such stock will be segregated from the other assets of such and treated as a separate trust. The Trustee will further divide the separate trust into sl-rares for each Beneficiary and such shares will be distributed outright or held in trust as herein provided. In addition, all other provisions of this Trust Agreement will apply to each share held in trust (and constituting a separate trust) except that the Trustee will distribute all of the income from each separate trust to its Beneficiary in convenient installments at least annually. It is the Settlor's intent that each separate trust will be recognized as a '`Qualified Subchapter S Trust" ("QSST") under Section 1361(d)(2) of the Intel-r-ral Revenue Code (or any con-esponding successor statute). Notwithstanding any provisions of this Trust Agreement to the contrary, the Trustee's powers and discretions with respect to the administration of each separate trust (including methods of accounting, bookkeeping, making distributions; and characterizing receipts and expenses) will not be exercised or exercisable except in a manner consistent with allowing each separate trust to be treated as a QSST as above described. ARTICLE FIVE Ti'LIStL'L' PU1VC'l:S WltJl Q Pf'U~IIItC' ES1lltL' Section 5.01 - 0001'Clltlatioll ~Vlth Settlor's Probate Estate At any time during the continuance of this Trust, including subsequent to the death of Settlor, the Trustees may, in their sole and uncontrolled discretion.. distribute to the deceased Settlor's Probate Estate cash and/or other property as a Beneficiary of the Trust. All other provisions to the contrary notwithstanding, under no circumstances shall any restricted proceeds. as hereinafter defined, be either directly or indirectly: (i) distributed to or for the benefit of the Settlor~s Executors or the Settlor's Probate Estate; or (ii) used to pay any other obligations of the Settlor's Estate. 'The ter-I-n "Restricted Proceeds" means: All qualified plans, individual retirement accounts, or similar benefits which are received or receivable by any Trustee hereunder, and which are paid solely to a Benei~iciary other than the Executor of the Settlor's Gross Estate for Federal Estate Tax purposes; and b. All proceeds of insurance on the Settlor's life which, if paid to a Beneficiary other than the Settlor's Estate, would be exempt from inheritance or similar death taxes under applicable state death laws. Section 5.02 - I-irection to ~7inimize Tapes In the administration of the Trust hereunder, its Fiduciaries shall exercise all available tax related elections, options, and choices in such a manner as they, in their sole but reasonable judgment (where appropriate. receiving advice of tax counsel). believe will achie~•e the overall minimum in total combined present and reasonably anticipated future administrative expenses and taxes of ail kinds. This applies not only to said 'Trust, but also to its Beneficiaries, to the other Trusts hereunder and their Beneficiaries, and to the Settlor's Probate Estate. REVOCABLE LIVING TRUST AGRICENIE~iT Page 10 L`'itllout limitation on the generality of the foregoing direction (which shall to that extent supersede the i l fiduciary duty of impartialit}~), such Fiduciaries shall not be accountable to anv person interested in tt~l~s Trust or to Settlor's Estate for the manner in which they shall can•y out this directian to minimize overall taxes and expenses (including any decision they may make not to incur the expense of a detailed analysis of alternative choices). Even though their decisions in this regard may result in increased taxes or decreased distributions to the Trust, to the Estate, or to one or more Beneficiaries, the Fiduciaries shall not be obligated for compensation readjustments or reimbursements which arise by reason of the manner in which the Fiduciaries can-y out this direction. Section 5.03 -Judgment Ind Discretion of Trustee In the absence of proof of bad faith, all questions of construction or interpretation of any trusts created by this Trust Agreement will be finally and conclusively determined solely by the Trustee, accorc~ling to the Trustee's best judgment and without recourse to any coLU•t. Each determination by the Trustee is binding on the Beneticiaries and prospective Beneficiaries hereunder, both in being and unborn. a.s ~veli as all other persons, til-rris, or corporations. The Trustee, when exercising any discretionary po~~-~er relating to the d1Stl"iblrt10I1 or accumulation of princrpal or income or to the ten~nination of any trust, will be responsible only for lack of good faith in the exercise of such power. Each determination may be relied upon to the same extent as if it were a final and binding judicial determination. In the event of a conflict between the provisions of this Trust Agreement and those of the Pennsylvania Statutes, the provisions of this Agreement will control. ARTICLE SIX Rr.~solrrtiosi ~f Conflict Section 6.01 -Resolution of Cont7ict Any controversy bet«~een the Trustee or Trustees and any other Trustee or Trustees. or between any other parties to this Trust, including Beneficiaries., involving the construction or application of any of the terrlls, provisions, or conditions of this Trust shall, on the written request of either or any disagreeing party served on the other or others, shall be submitted to arbitration. The parties to such arbitration shall. each appoint one person to hear and determine the dispute and. ii•thev are unable to agl-ee, then tl~e two persons so chosen shall select a third impartial arbitrator whose decision shall be final and conclusive upon both parties. The cost oi~ arbitration shall be borne by the losing party or in such proportion as the arbitrator(s) shall decide. Such arbitration shall comply with the commercial arbitration rules of tl-le American Arbitration Association, 1~0 w'est 51st Street, New York, NY 10?00. Section 6.OZ -Incontestability The beneficial provisions of this Trust Agreement are intended to be in lieu of~ any other rights, claims; or interests of whatsoever nature. whether statutory or otherwise, except bona fide pre-death debts, which any Beneficiary hereunder may have in Settlor's Estate or in the properties in trust hereunder. Accordingly, if any Beneficiary hereunder asserts any claim (except a legally enforceable debt). statutory election, or other right or interest against or in Settlor's Estate, or any properties of this Trust, other than pursuant to the express teI-ms hereof, or directly or indirectly contests, disputes. or calls into question, before any court, the validity of this Trust Agreement, then: Such Beneficiary shall thereby absolutely forfeit any and all beneficial interests of whatsoever kind and nature which such Beneficiary or his or her heirs might otherwise have under this TrusC Agreement and the interests of the other Beneficiaries hereunder shall thereupon be appropriately and proportionately increased: and REVUCAI3L,E LIVING TRI;ST .~-~REEZIE:~T Page 11 2. Ali of the provisions of this Trust Agreement, to the extent that they confer any benefits, po~L•ers, or rights whatsoever upon such claiming, electing, or contesting Beneficiary, shall thereupon become absolutely void; and 3. Such claiming, electing, or contesting Beneficiary, if then acting as a trustee hereunder; shall automatically cease to be a Trustee and shall thereafter be ineligible either to select, r~ernove, or become a Trustee hereunder. Section 6.03 -Specific Omissions Any and all persons and entities, except those persons and entities specifically named herein, have been intentionally omitted from this Trust Agreement. If any person or entity shall successfully challenge any term or condition of this Trust Agreement, then, to that person or entity shall be given the sum of one dollar ($1.00) in lieu and in place of any other benel=lt, grant, or interest which that person or :interest may have in the Trust Estate. Section 6.04 -Benefits Confidential The Settlor further declare that it is his; her desire and intent that the provisions of this Trust Agreement are to remain confidential as to all parties. The Settlor directs that only the information concerning the benefits paid to any particular Beneficiary shall be revealed to such individual and that no individual shall have a right to infonmation concerning the benefits being paid to any other Beneficiary. ARTICLE SEVEN GL'll C'1'Cll PI'OV1S10/1 S Section 7.01 -Distribution in hind or in Cash On any division of the assets of the Trust Estate in to shares or partial shares, and on any final or partial distribution of the assets of the Trust Estate, the Trustee, at his or her absolute discretion, may divide and distribute undivided interests of such assets on a pro rata or non-pro rata basis, or may sell any part of or all of such assets and may make divisions or distributions in cash or partly in cash and partly in. kind. The decision of the Trustee, either prior to or on any division or distribution of such assets, as to what constitutes a proper division of such assets of the Trust Estate, shall be binding on all persons interested in any trust provided for in this Trust Agreement. Section 7.0? -Spendthrift Pi•oVision Neither the principal nor the income of the trust shall be liable for the debts of a Beneficiary. Except as otherwise expressly provided in this r'~greement, no Beneficiary of any trust shall have any right; power, or authority to alienate, encumber, or hypothecate his or her interest in the principal or income of this Trust in any manner, nor shall the interests of any Beneficiary be subject to the claims of his or her creditors or liable to attachment, execution, or other process of la~v. The limitations herein shall not restrict the exercise of anv power of appointment or the right to disclaim. Section 7.03 - Definition of Children The terms "Child" and '`Children" as rued in this Agreement mean the lawful issue of a Settlor. This definition also includes children legally adopted by a Settlor. REVOCABLE LIVING TRUST AGItEE1~~IENT Page 12 Section 7,Q~_-_~andicapped Beneficiaries Any Beneficiary who is determined by a court of competent jurisdiction to be inconlpeten( shall not have anv discretionary rights of a Beneficiary with respect to this Trust, or to their share or portion thereof. The Trustee shall hold and maintain such incompetent Beneficiary's share of the Trust estate and shall, in the Trustee's sole discretion, provide for such Beneficiary as that Trustee would provide for a minor. Notwithstanding the foregoing, any Beneficiary ~~uho is diagnosed for the ptn~poses of governmental benefits (as hereinafter delineated) as being not competent or as being disabled, and who shall be entitled to governmental support and benefits by reason of such incompetency or disability, shall cease to lae a Beneficiary of this Trust. Likewise. they shall cease to be a Beneficiary if any share or portion of the principal or inco~lze of the Trust shall become subject to the claims of any governmental agency for costs or benefits, fees, or charges. The portion of the Trust Estate which, absent the provisions of this section, ~~-ould have been the share of such incompetent or handicapped person shall be retained in trust for as long as that individual lives. The Trustee, at his or her sole discretion, shall utilize such fiends for the maintenance of that individual, If such individual recovers from his or her incompetency or disability and is no longer eligible for aid from anv governmental agency, including costs or benefits, fees, or charges, such individual shall be reinstated as a Beneticiary after 60 days from such recovery and the allocation and distribution provisions as stated herein shall apply to that portion of the Trust Estate which is held by the Trustee subject to tl~e foregoing provisions of this section. If said handicapped Beneficiary is no longer fiving and shall leave children then living, the deceased child's share shall pass to those children per sti>•pes. If there are no children, the share shall be allocated proportionately among the remaining Beneficiaries. ARTICLE EIGI-IT S'rrc~cessor Trustee Appoi~rtntertts Section $.Ol -Trustees All Trustees are to serve without bond. The follo~vin~~ will act as •trustees of any Trusts crated by this "I~rust :~grcement, in the following o-•der of'succession: First: The undersigned, .%'~IrrttJre><~~ J. 1~lejasich Second: At the death or incapacity of .YlattJ~c~iv J. ,'~IejrrsicJr, Parr! J.:Llejasic/r shall serve as First Successor Trustee. Thn-d: Rrclrard :Yl. Mejasich shall serve as Second Successor Trustee. Last: A Trustee chosen by the majority of Beneficiaries, with a parent or legal guardian voting for minor Beneficiaries; provided, however, that the children of any deceased Beneficiary shall collectively have only one vote. Section 5.02 - .allocation and Distribution of The Trust .assets the "trustees shall allocate, hold, adI111111SteI', and dlstl•lbute the TI'L1SI Assets as hereinaf`tcr provided: Upon the death of the Settlor, the Trustee shall make any separate distributions the Trust :assets in the manner heminafter prescribed. REV®CABLE LIVING TRUST .-~G1~EE1'IE\T Page 13 Section 4.03 -Personal Property Distribution T ~~ithstanding any provision of this Trust A~n•eement to the contrary, the Trustee must _ib~de by an_y n~..~norandum by the Senior, particularly that contained in the section entitled "Specia;: Directives" incorporated into this Trust Instrument, directing the disposition of Trust Assets of every kind including, but not limited to, furniture, appliances, furnishings. pictures, china, silverware, glass, boo]<s, jewelry, wearing apparel, and all policies of fire, burglary, propern~ damage, and other insurance on or in connection with the use of property. Otherwise, any personal and household effects of the Settlor shall be distributed with the remaining assets of the Trust Estate. Section 8.04 - Liability of Trustee The Trustee will not be responsible or liable for any loss which may occur by reason of depreciation in value of the properties at any time belonging to the Trust Estate nor for any other loss which may occur, except that the Trustee will be liable for each "Trustee's own negligence, neglect, default, or willful wrong. The Trustee «~ill not be liable or responsible for the acts, omissions, or defaults of any agent or other person to whom duties may be properly delegated hereunder (except officers or regular employees of the Trustee) if such agent or person was appointed with due care. The Trustee may receive rein-ibLU-sement from the Trust Estate for any liability, whether in contract or in tort, incun•ed in the administration of the Trust Estate in accordance with the provisions hereof, and the Trustee may contract in such form that such Trustee will be exempt from such personal liability and that such liability will be Limited to the Trust Assets. Section 8.05 -Successor Trustees Any Successor Trustee shall have all the power, rights. discretion, and obligations conferred on a Trustee by this Trust Agreement. All rights, titles, and interest in the propert}~ of'the "Trust shall immediately vest in the successor Trustee at the time of appointment. The prior Trustee shall, without warranty, transfer to the Successor Trustee the existing Trust property. l~'o Successor Trustee shall be under any duty to examine, verify, question, or audit the books, records, accounts, or transaction of any preceding Trustee; and no Successor Trustee shall be liable for any loss or expense from or occasioned by anything done or neglected to be done by any predecessor Trustee. A Successor Trustee shall be liable only for his or her o~,vn acts and defaults. ARTICLE ;VINE Rule Agai~ist Pei petuities Section 9.OI -Perpetuities Savings Clause Notwithstanding any other provision of this instrument, the Trusts created hereunder shall terminate not Inter than twenty-one (? 1) years after the death of the last survivor of the Settlor and any other Beneficiary or Beneficiaries named or defined in this Trust living on the date of the death of the Settlor. The Trustee shall distribute remaining Trust principal and a]I accrued or undistributed net income hereunder to the Beneficiary or Beneficiaries. If there is more than one Beneficiary, the distribution shall be in the proportion in which they are Beneficiaries; if no prolortion is designated, then the distribution shall be in equal shares to such Beneficiaries. • REV'OC~.PLE LIVING TRUST' aCiRI:E1~IENT Page 14 ARTICLE TI/N ~iE'll~l'!l~ pl'OVI.SIOIIS U~.aion 10.01 -Governing Law It is not intended that the laws of only one particular state shall necessarily govern all questions pertaining to ail of the Trust hereunder. 1. The validity of the Trust hereunder, as well as the validity of the particular provisions of that Trust, shall be governed by the laws of the state which has sufficient. connection with tl~e Trust to support such validity. 2. The nleani.rlg_,and.effect of the terms of this Ti-nst Agreement shall be voverned by the laws of the Commonwealth of Pennsylvania. 3. The administration of this Trust shall be governed by the laws of the state in which the principle office of the Trustee then having custody of the Trust's principal assets and records is located. The foregoin~~ shall apply even thaugh the sites of some Trust Assets or the home of the Settlor, a Trustee, or a Beneficiary may at some time or times be elsewhere. Section 1.0.0? -Invalidity of Any Provision If a court finds that any provision of this Trust Agreement is vaid, invalid, or unenfarceable, the remaining provisions of this Agreement will continue to be fully effective. Section 10.03 - Headings The use of headings in connection with the various articles and sections of this Trust Agl•eernent is solely for convenience and the headings are to be given no meaning or significance whatsoever in canstruing the terms and pravisions of this Agreement. Section 1 U.O=i -Internal [Zevenue Code TeQ•i~inology As used herein, the wards ``Gross Estate." ".Adjusted Gross Lstate," "'T'axable F.,state," "L'ilitied Credit," "State Death Tax Credit.." "Maxinnim Marital Deduction," "1~~Iarita] Deduction," and any other 'word or words which from the context in which it or they are used refer to the Internal Revenue Cc+c1e shall be assigned the same meaning as such words have for the purposes of applying the Internal Revenue Code to a deceased Settlor's Estate. Reference to sections of the Internal Revenue Code and to the Internal Revenue Code shall refer to the Internal Revenue Code amended to the date of such Settlor's death. RLV()CAP1:I/ LI~'ItiG TR><~SI' ACaRELV'IE~T Page I.~ i ; SPECIAL DIRECTIVES of ~I ATTHE~V J.~'IEJASICH 1. iti1.~~I~TH1`V 3. '~1EJASICH, a resident of the Count}f of C'U'~`IBERL:AND, Comrnoll~~vealth of Pennsylvania, being of lawful age, and of sound and disposing mend and memory, and not acting under duress, fraud, or undue influence, hereby make, publish and declare this to be my Special Directive, and I incol-porate THE MATTHEW J. NIEJASIC'H REVOCABLE LIVING TRUST AGREENIEI~T. FIRST "I'he natural objects of my affection are: .Yly Childr•c~rr - Paul J. ,~l~~jasiclr h'in:1-I. Ta~~lur• Ann ,'Il. vvrr Rc~cum Rzclrar•d i'Yf. ~Ylc~jasich ~'Ilary K. hl~jusic/% SECOND I drect_that al] estate and Inheritance taxes p~able as a result of my death, ilot 1_Inz~ted to taxes assessEd on pt opcl t},_shall be paid out of the Lc sidue of my Estate, and 511a11 not be deducted or cc>llected fra~.anyyLe.a~ue, Devisee, or Beneficial hereunder. r . __.__._ _ _._.. ~._ _~.M._.__u_ .. THIRD In the event any of n1y named Beneficiaries should predecease mc, all of that person`s share of the Trust Estate is to be divided equally among that person's issue per stil-}~es. In the event any such predeceased beneficiary leaves no surviving children or issue, then all of that person's sh~.re shall be distributed to the remaining Beneficiaries. FOI,'RTH In the event all of my named beneficiaries and their children and issue predecease me, all of~ the. trust estate shall be distributed to MRS. ANNA TOI~IAS. FIFTH I direct that if a beneficiary is indebted to me then his~`her share of the Trust Estate ~~vill be reduced by a prorated formula amount which shall be distributed equally to the other Beneficiaries. SIXTH I direct that if ally child should contest said trust, he or she should be excluded from their share of the CState. RE~~'®C.4IILE LIVI\G TRt'ST AGREE~IE`T Page l Y SEVE`v'TH I direct that, before any distribution of the assets of the Trust Estate to the named F3eneficiaries, certain specific distributions, if any, shall be made fi-om the assets as set forth on the list attached hereto and marked "Exhibit A." ~E~%(~C'~BLE LIVI~iG TRUST ~GItEE~`IE~T Pale 1~7 -~ 1,- DATED to be effective this day of -- ~'' ~=- ~ -~i~ ~-- »' '; ,% SETTLOR: ~ , ,~~ ; ~: ~ t // , , '~I <'lT`T'I~E-4~' J l~i'EJ ~~,SICH~ ACCE1'TEI3 ~Y TRL~STE~: '~I`a'TT~~E~v . I~IE 'ASICI~ CUiV1VIUN~VEAL"I'H OF PENNSYLVANIA COt;TiTY OF CUMBERLAND This instrument vas acknowledged before me on the date herein set forth by MATTIIEW J. ML-JASICH as Settlor and Trustee to certify which witness my hand and seal of office. • ~~ r /` / / / p_ ... Notary Public, Commonwealth of Pennsylvania r, 5;, ~~ m rW~. ~~ IZEVOC'AL~LC LYVd\C.T TRL"ST AG~ZEEl~1E~T Pa~~e 18 ~'~EI~IERAL AIVIEI~II)NIlENT T® REV~GA~LE LIVING TRUST ACTIZI:EMENT TQ: Matthew J. Mejasich, as Trustee under TIE MATTHEW ,~.1VIEJASICH REV®CABLE LIVING TRUST AGREEMENT DATED: February 8, 2003 Pursuant to the rights reserved to me, as Settlor under Article One of the above Trust Agreement, I amend TI-IE IVIATTHE~V J. MEJASICH REVGCA~LE LIVING TRUS T AGREEMENT as follows: 1. I amend... or add. to .the seventh 7`~'~ paragraph of the Special Directives set forth as i_ncorpoi atcd ,into the Trust Agreement to provide as follows: ~~ M~ilver 2005 Cadillac four-door sedan, VIN #1G6KD~7YUSU 101486, Mt._ I-Lolly.. .prings, to MICHAEL E. SELL of 121 Sunset. Di Ive, Cumberland County, Pen~lvania. THIS general Amendment shall serve as an Exhibit "A" to the seventh %7`"} paragraph of the Special Directives of the Trust Agreement. r DATED this r ~~ `~ day of ~/ n ~ .~ , 2009. ~, dVlatthew ~: `' Iasi' ~ (Settlor) // atthe . ~ '`~ :~ ch ( rtastee} 1 ~..- ,- _,__ T~_ ~ - ' ~" / `v~IT'l~t~SS. - ~ WI~'NESS r .. ~ ~' (Printed Name of Witness) (Printed Name of Witness) GIVEN UNDER MY HAND and seal of office on this ~ `~~~ ~~day of ~~~~ ~ ~;, } ~ ~. 2009. ~ f ~ ~"- '~ ~~' ?~o y Public, commonwealth of Pznns~-lvania .ice ~ REV~C:A~~.E LIVING TRUST AGREEiL~1ENT A'~IENI~NIE~NTS CERTIFICATE OF TI2t'ST THE 1~'I ATTHIr~'~' J. >t-IEJASICH RE~'OC:~BLI/ LIVING TRUST AGRELIIE~`T DATED ~< ~'_ _ ~ t:< _. _ , ~' 2~ - ' _.v~7 _. % The undersigned hereby certifies that I created a Revocable Living Trust. This Trust is l:Ilo~vn as TI-I) 'MATTHEW J. MEJASICH REVOCABLE LIVING TRUST AGREEMENT, dated the r~ it /~ day of -r~~ r`< ;., ~ ~ . j ~h~~ "f _~..~ ~~IATTHEW J. i~~1E.IASICH, Grantor, Settlor and Trustee, resides at ~ 1 ~ Thornti~~ood_.I'_ane, Carlisle, County' Of Cllmbel'lalld, alld C01111110n~vealth of Pennsylvania. IT IS AGREED BETV`'EEN THE PARTIES HERETO AS FOLLO«'S: Description of Trust 'I~11e party hereto desires to confirm the establishment ol~ a Revocable "I~rust on this date for the benei~it of the Settlor and containing herein the following provisions: TERMS OF THE TRUST 1. The Settlor is designated as the Trustee to serve until Iris death, resignation, or incom~>etence. ?_ Upon the end of the terms of the original Trustee, Paul J. li'lejccsich is designated as First Successor Trustee. Ric/herd ,~1.:~lejr~sich is desig~7ated as Second Successor Trustee. 'I'C2L;STEE PU~~'E12S 3. :\ny Trustee;'Settlor has the power and authority to manage and control, buy, sell, and transfer the Trust property in such manner as the Trustee may deem advisable, and shall have, enjoy and exercise all powers and rights over the concerning said property and the proceeds thereof as fully and amply as though said Trustee were the absolute and qualified owner of same, including the power to grant, bargain, sell and convey, encumber and hypothecate, real and personal property, and the power to invest in corporate obligations of every kind, stocks, preferred or common, and to buy stocks, bonds and similar investments on margin or other leveraged accounts, except to the extent that such management would cause includability of an irrevocable trust in the :Estate of a Trustee. TRL;ST AD~I[NISTI2ATION =1. f~ollowinw the death of Trustee, t11e Trust will continuz or be distributed in whole or in part for the benefit of other named Beneficiaries according to the terms of the Trust. 5. ~~'hile Settlor is lip-ing and competent, except when there shall be a Corporate "Trustee, Trustee play add money to or withdraw money from any bank or savings and loan yr checking account ova-ned b~,~ the Tr~ist. CERTIFICATE OF TRi'ST Page 1 6. Unless otherwise indicated to a prospective transferee, the Trustee has fiill power to transfer assets held in the name of the Trust. Subsequent transferees are entitled to rely upon such transfers provided that the chain of title is not otherwise deficient. i. The Trust AgZ-eement also states that any bank, corporation, brokerage firm, or other entity or individual, may conclusively presume that the Trustee has lull power and authority over the Trust Assets and such person or institution shall be held harmless and shall incur no liability by reason of so presuming. 8. The situs of the Trust is the COMMONti~'EALTH OF PENNSYLVANIA. 9. Any conflict bete-een this abstract and the Trust shall be decided in Favor of the Trust. I'~ '~'4'IT~ESS WI-I~R~OF, the party has hereto executed this Summary of Trust this date. SETTLOIZ~'TRUST'EE -. ..:ff '~VIATTHEW J. IVIEJ~P~SIC'H COMMONVI~'EALTH OF PENNS~'LVANIA COUNTY OF CliMBERLAND; ss. ~- On this, the ; ~~--'~'~-~~ da of _.r ~-:r'~% z ,. ~"!t. ~~~ ._ Y / ~- ~= :~efore me, a Notary Public, personally appeared MATTHEW ,1. ME,IASICII, personally ltriown to me to be the person whose name is subscribed on this instrument, and aclcno~vledged that heishe executed it for the purposes herein expressed. _.-~ // i.. ,. Not~i-y Public, Commonwealth of Pennsylvania fY 0 ~ ,.R~vFU "'YYY i °~ , '~. ~ ' ~CF IZT'IFICATE OF' TRt'ST Page