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Home My WebLink About06-17-11 1,5056],01,43 REV-1500 Ex ( °1_,°) PA Department of Revenue OFFICIAL USE ONLY pennsylvania -- Bureau of Individual Taxes county code Year oEPnkTMeNrorttevENUE PO 80X.280601 Harrisburg PA 17128-0601 INHERITANCE TAX RETURN 21 11 , RESIDENT DECEDENT ENTER DECEDENT INFORMATION BELOW -~ Social Security Number Date of Death Date of Birth 201 16 5557 Ol 30 2011 08 16 1927 Decedent's Last Name Suffix Decedent's First Name MECK FR.ANKL IN (If Applicable) Enter Surviving Spouse's Information Below Spouse's Last Name Suffix Spouse's First Name MECK LOI S Spouse's Social Security Number THIS RETURN MUST BE FILED IN DUPLICATE WITH THE REGISTER OF WILLS FILL IN APPROPRIATE OVALS BELOW ~ X ~ ~ Original Return ~ 2. Supplemental Return ' I 3 Remainder Return (date of death prior to 1?_-13-82) 'i 4. Limited Estate ~ ~ 4a Future Interest Compromise ~ ~- (date of death after 12-12-82) ~ Federal Estate 1 ax Return Required X g Decedent Died Testae ~ ~ Decedent Maintained a Living Trust (Attach Copy of win) ~ (Attach Copy of Trust) _ 8 Total Number of Safe Deposit Boxes ~ ~ 9 Litigation Proceeds Received ~ ~ p. Spousal Poverty Credit (date of death ` - ' I ~ between 12-31-91 and 1-1-95) 11 Election to tax under Sec_ 9113(A) (Attach Sch Oj CORRESPONDENT -THIS SECTION MUST BE COMPLETED. ALL CORRESPONDENCE AND CONFIDENTIAL TAX INFORMATION SHOULD BE DIRECTED TO: Name Daytime Telephone Number JOHN F MECK ESQ 412 .566 7.916 ~_.,, First line of address 600 GRANT STREET 44TH F Second line of address City or Post Office State ZIP Code PITTSBURGH pp~ Correspondent's a-mail address: )meCk Qt~eCl(ertSeamanS.COm _~_ ~ _., REGISTER OF~~~~_--~rr~~,~trr~.S USE QNLY ="` ~+~=- Ir- L__ ~~~ I~ ---. ^ 1 ~, ....-_ -~~ L_. _, ... ~--) c i ) ,,~~ _,~ ..,,~, ---y~-~ ~~J "'" if -~ ~'^~ { i DATE FILED -- r•'` MI G MI G f~ `~l~ _. „R .#`+ ~.~r `- -; ..~ _y ~ ^J rY~ ..s,...~ Under penalties of perjury, I declare that I have examined this return including accompanying schedules and statements, and to the best of ITty knowledge and belief, it is true, correct and complete. Declaration of preparer other than the personal representative is based on all information of which preparer has any knowledge. SIGNATURE OF PE SON RESPON IBLE FOR FILING RETURN DA ~~E ~-~ - J ~ ~~ Lois G. Meck - ,~~ _ //. ADDRESS l 916 As en Avenue Mechanicsbur PA 17055 SIGNATURE OF PRE A R OTHER T REPR SENTATIVE ~ John F Meck Esq. ADDRESS 600 Gra Street, 44th Floor, Pittsburgh, PA 150561143 Side 1 DATE . /~,' ,. 15056101,43 f=ile Nurnber 0180 J (~~ 1505610243 REV-1500 EX Decedent's Social ;>ecurity Number Decedent's Name Meck, Franklin G. -_ _ 201 16 5557 _ - _-- APITULATION - --- __ 1 . Real Estate (Schedule A) ..................... ..................................................... ... 1. 2. Stocks and Bonds (Schedule B).._ ............._....._........_................................... .... 2. 37 , 525.0 9 3. Closely Hetd Corporation, Partnership or Sole-Proprietorship (Schedule C)...... ... 3. 4. Mortgages & Notes Receivable (Schedule D) ........................_..._ ....._ ............ ... 4. 5 Cash, Bank Deposits & Miscellaneous Personal Property (Schedule E) ............ ... 5. 2 , 7 4 3 . 2 7 6. Jointly Owned Property (Schedule F) ,! Separate Billing Requested.......... .. 6. I. Inter-Vivos Transfers & Miscellaneous Non -Probate Pro ert , p y (Schedule G) ! ~ Separate Billing Requested.......... .. 7- 331 , 405.09 8. Total Gross Assets (total Lines 1-7) ..................................... ....................... ... 8. 3 71 , 6 7 3 . 4 5 9. Funeral Expenses & Administrative Costs {Schedule H)....._ ...._.._ ..............._.. .. 9. - --- 7 , 753.35 10. Debts of Decedent, Mortgage Liabilities, & Liens (Schedule I)...-..._......__......... .. 10. 11. Total Deductions (total Lines 9 & 10)_ ......... ... ._ .__ .................... 11 7 , 753 _ 35 12. Net Value of Estate (Line 8 minus Line 11)............ _ .................._.................. . 12. .=3 63 92 0 _ 10 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. ~l 63 , 92 0 _ 10 _ __ TAX COMPUTATION -SEE INSTRUCTIONS FOR APPLICABLE RATES 15. Amount of Line 14 taxable at the spousal tax rate, or transfers under Sec. 91 16 (a)(1.2) X .o0 363 , 920.10 15. O . 00 16. Amount of Line 14 taxable at lineal rate X .045 0. 0 0 16. 0. 0 0 17. Amount of Line 14 taxable at sibling rate X .12 0. 0 0 17. 0, 0 0 18. Amount of Line 14 taxable at collateral rate X 15 0. 0 0 18. 0. 0 0 19. Tax Due ..................... .... ................................ 0 . 0 0 20. FILL IN THE OVAL IF YOU ARE REQUESTING A REFUND OF AN OVERPAYMENT. ^ Side 2 15D5610243 150561024= _3 REV-1500 EX Page 3 Decedent's Complete Address: DECEDENT'S NAME Meck, Franklin G. __ ___ __ STREET ADDRESS 916 Aspen Avenue __ _ .. CITY _ -..--- Mechanicsburg Tax Payments and Credits: 1. Tax Due (Page 2, Line 19} 2. Credits/Payments A. Prior Payments B. Discount File Number 21-11-0180 --_ __ _-_ -- STATE ~ I I P ~ PA 17055 0.00 (1) 0.00 Total Credits (A + B} (2} 0.00 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. (3) (4) (5) ~.~~ Make Check Payable to: REGISTER OF WILLS, AGENT. PLEASE ANSWER THE FOLLOWING QUESTIONS BY PLACING AN "X" IN THE APPROPF;IA,TE BLOCKS 1. Did decedent make a transfer and: 1'es No a. retain the use or income of the property transferred :................. ! ~ f -~ . ............._............-........._.................... ~x~ b. retain the right to designate who shall use the property transferred or its income :...................... ~ -I ............ c. retain a reversionary interest; or .............................. ~ ~ ~_~ d. receive the promise for life of either payments, benefits or care? ............................................................ i ~ ~_x~ 2. If death occurred after December 12, 1982, did decedent transfer property within one year of death without . I [--l receiving adequate consideration? .................................................................................. ......_ ....................... ~_ _ i 3. Did decedent own an "in trust for" or payable upon death bank account or security at his or her death?....... x ~_~ 4. Did decedent own an Individual Retirement Account, annuity, or other non-probate property which contains a beneficiary designation? .................. 1 ~ -- IF THE ANSWER TO ANY OF THE ABOVE QUESTIONS IS YES, YOU MUST COMPLETE SCHEDULE G AND FILE IT AS PI x ~ -_~ _____.. ART 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)). 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)]. . 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, except. <~s noted in 72 P.S. §9116 1.2) [72 P.S. §9116 (a) (1 )). . The tax rate imposed on the net value of transfers to or for the use of the decedent's siblings is 12 percent [72 P.S. §9116 (s~) (1.3)]. A sibling is defined under Section 9102, as an individual who has at least one parent in common with the decedent, whether by blood or adoption. Rev-1503 EX+ (6-98) ~~ i~~ f - . ~ .~~n COMMONWEALTH OF PENNSYLVANIA INHERITANCE TAX RETURN SCHEDULE B STOCKS & BONDS ESTATE OF Meck, Franklin G. FILE NUNIBER 21-11-0180 All property jointly-owned with right of survivorship must be disclosed on Schedule F. (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 B (Rev. 6-98) Rev-1508 EX+ (6-98) ~~~~ SCHEDULE E _~ .~ ~. ~F' °{~ CASH, BANK DEPOSITS, & MISC. ~;::.- PERSONAL PROPERTY COMMONWEALTH OF PE=NNSYLVANIA INHERITANCE TAX RETURN RESIDENT DECEDENT ESTATE OF Meck, Franklin G. FILE NUN9BER 21-11-0180 Include the proceeds of litigation and the date the proceeds were received by the estate All property jointly-owned with the right of survivorship must be disclosed on schedule F. ~•• ~~~~•~ ~NU..~ .o iiccucu, auuiu~nal pages or 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) ~~ SCHEDULE G °"'~:_~;~~_~ INTER-VIVOS TRANSFERS & MISC. NON-PROBATE PROPERTY COMMONWEALTH OF PENNSYLVANIA INHERITANCE TAX RETURN RESIDENT DECEDENT ESTATE OF FILE NUNIBER Meck, Franklin G. 21-11-0180 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 DESCRIPTION OF PROPERTY NUMBER INCLUDE NAME OF TRANSFEREE, THEIR RELATIONSHIP TO DECEDENT AND THE DATE OF TRANSFER. ATTACH A COPY OF THE DEED FOR REAL ESTATE DATE OF DEATH VALUE OF ASSET °io OF DECD'S INTEREST EXCLUSION (IF APPLICA E3LE TAXABLE . . ) VALUE 1 Lincoln Life Annuity Contract No. F2728 -payable to 177,912.86 177 912 86 spouse, Lois G. Meck , . 2 LPL Financial Roth IRA Acct No. 5052-7739 - 104 620 42 beneficiary is spouse, Lois G. Meck , . 104,620.42 3 Vanguard Variable Annuity Contract No. 700071812 - 48 871 81 payable to spouse, Lois G. Meck , . 48,871.81 TOTAL (Also enter on Line 7, Recapitulation) I 331,405.09 (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-1151 EX+ (10-06) ~'~ (~ ~. COMMONWEALTH OF PENNSYLVANIA INHERITANCE TAX RETURN RESIDENT DECEDENT SCHEDULE H FUNERAL EXPENSES & ADMINISTRATIVE COSTS ESTATE OF Meck, Franklin G. FILE NUMBER 21-11-0180 Debts of decedent must be reported on Schedule I. ITEM NUMBER DESCRIPTION A. FUNERAL EXPENSES: See continuation schedule(s) attached B. ADMINISTRATIVE COSTS: 1. Personal Representative's Commissions Name of Persona- Representative(s) AMOUNT 4,049.20 Street Address City State Zio Year(s1 Commission raid Waived 2. Attorney's Fees 3. Family Exemption: (If decedent's address is not the same as claimant's, attach explanation) 3 500.00 Claimant Lois G. Meck Street Address 916 Aspen Avenue city Mechanicsburg state PA zio 17055 Relationship of Claimant to Decedent SpOUSe 4. Probate Fees 168.50 5. Accountant's Fees 6. Tax Return Preparer's Fees 7. Other Administrative Costs 35.65 See continuation schedule(s) attached TOTAL (Also enter on line 9, Recapitulation) 7,753.35 Copyright (c) 2009 form software only The Lackner Group, Inc. Form PA-1500 Schedule H (Rev. 10-06) SCHEDULE H FUNERAL EXPENSES AND ADMINISTRATIVE COSTS continued ESTATE OF FILE NUIIIIBER Meck, Franklin G. 21-11-0180 ITEM NUMBER DESCRIPTION AMOUNT Funeral Expenses 1 George's Flowers 74.20 2 Myers-Harner Funeral Home 3,975.00 H-A 4,049.20 Other Administrative Costs 3 EVP Systems, Inc. -asset valuation 35.65 H-B7 35.65 Copyright (c) 2002 form software only The Lackner Group, Inc. Form PA-150() Schedule H (Rev. 6-98) REV-1513 EX+ (11-08) ~;~ ~ , ~ ~~ ~~~~= ~=~~ SCHEDULE J ~ _...~. COMMONWEALTII OF PENNSYLVANIA BENEFICIARIES INHERITANCE TAX RETURN RESIDENT DECEDENT ESTATE OF FILE NUME3ER Meck, Franklin G. 21-11-0180 NAME AND ADDRESS OF RELATIONSHIP TO SHARE OF ESTATE APJIOUNT OF ESTATE NUMBER PERSON(S) RECEIVING PROPERTY DECEDENT Do Not List Trustees (WOrdS) I TAXABLE DISTRIBUTIONS [include outright spousal • (~~$) distributions, and transfers under Sec. 9116(a)(1.2)] 1 T/U/W of Franklin G. Meck Trust 32 515 01 Lois G. Meck, Trustee , . 916 Aspen Avenue Mechanicsburg, PA 17055 2 Lois G Meck Wife 331 405 09 916 Aspen Avenue , . Mechanicsburg, PA 17055 Total Enter dollar amounts for distributions shown above on lines 15 throu h 18 on Rev 1500 cover sheet, as appropriate. 363,920.10 NON-TAXABLE DISTRIBUTIONS: ~~ I I . A. SPOUSAL DISTRIBUTIONS UNDER SECTION 9113 FOR WHICH AN ELECTION TO TAX IS NOT TAKEN B. CHARITABLE AND GOVERNMENTAL DISTRIBUTIONS TOTAL OF PART II -ENTER TOTAL NON-TAXABLE DISTRIBUTIONS ON LINE 13 OF REV 1500 COVER SHEE~T~ Copyright (c) 2009 form software only The Lackner Group, Inc. Form PA-1500 Schedule J (Rev. 11-08) LAST WILL AND TESTAMENT OF FRANKLIN G. MECK I, FRANKLIN G. MECK, of the City of Mechanicsburg, County of Cumberland, and Cyommonwealth of Pennsylvania, declare this to be my Last Will, and revoke any Will ;previously made by me. 1. Debts and Expenses I direct that all my debts which are not barred, funeral expenses and deductible pledges be fiilly paid as soon as conveniently maybe after my decease. 2. Tangible Personal Property I give all my tangible personal property to my wife, LOIS G. MECK. Should my wife fail to survive me, then I give the same to such of my children who may be living at the time of my death to be divided among them as they may agree or in the absence of such agreement, to be divided among them by my Executors in shares as nearly equal in value as feasible with full power in my Executors to sell all or any portion of the same to facilitate such division and distribution. Any such sale proceeds not required to accomplish equalization shall be added to and pass as part of my residuary estate. 3. Marital Gift I give to my wife, LOIS G. MECK, if she survives me, an amount equal to the: maximum marital deduction allowable in my estate for Federal Estate Tax purposes, reduced b i the value, for the purposes of that Tax of an roe y ( ) y p p rty interest which passes or has passed to my wife otherwise than under this Paragraph 3 to the extent such interest is includable in my moss estate for Federal Estate Tax purposes and also qualifies for the marital deduction and further reduced by (ii) such additional amount, if any, which can pass free of Federal Estate "I'ax in my estate by making optimum use of any unused credit available to offset such tax so long as such use does not thereby increase state death taxes. Unused applicable credit amount shall consist of the portion thereof not required to offset Federal Estate or Gift Tax on other transfers by me not qualifying for a marital or charitable deduction and to offset Federal Estate Tax on amount of my gross estate applied in payment of death taxes, debts and administration expenses either not deducted or not deductible in computing such tax. 4. Residuary Trust All the residue of my estate, plus any life insurance, annuity and retirement ibenefits payable to the Trustee under my Will, I give to and direct that the same be held by tl--e Trustee hereinafter named or her successors, i?~1 T tcUST NE~'ER'I'HELESS, for the following; uses and purposes: PT] 122S77v1 06/03/04 4.1, Distribution of Income and Principal The Trustee may pay to my wife, LOIS G. MECK, or use and expend for her benefit all or such portion of the net income of the Trust as the Trustee, in her absolute discretion, deems advisable. Any income not paid or applied as aforesaid shall not be added to principal, but shall be accumulated and held' as income, unless and until distributed. In addition, the Trustee may pay to my wife, LOIS G. MECK, or use and expend for her benef t all or such amount of the principal of the trust estate as the Trustee in her absolute discretion, deems advisable to provide for the health, education, maintenance, and support of my wife, LOIS G. MECK. In the exercise of the foregoing, the Trustee may take into consideration, to the extent she deems proper, any independent means available to my wife, LOIS G. MECK and shall not be required to take into account the existence of or the exercise or non- exercise of any right of withdrawal granted to my wife, LOIS G. MEGA. If a Trustee other than my wife, LOIS G. MECK, is serving as Trustee of the Trust, then that Trustee may pay such additional amounts of principal, to my wife, LOIS G. MECK, as the Trustee in its absolute discretion deems advisable taking into consideration, to the extent the Trustee deems proper, the respecl`ive income tax rates of the Trust and my wife, LOIS G. MECK, the potential to thus :minimize income taxes, and the desirability or undesirability of making such; additional distributions to my wife, LOIS G. MECK. 4,2. Withdrawal of Principal The Trustee shall also distribute to my wife, LOIS G. MECK, all or such amounts of the principal of the trust estate as my wife, LOIS G. MECK, in her absolute discretion, shall from time to time direct in writing delivered during her lifetime to the Trustee. In no event, however, shall the aggregate sum of such witihdrawals by her for any one calendar year exceed the greater of the sum of $5,000, or if my wife, LOIS G. MECK, is living on the last day of December of such year, 5% of the market value of the principal on that day. This annual right of withdrawal shall not be cumulative. 4.3. Early Trust Termination At any time during the life of my wife, LOIS G. MECK, the Trustee in her absolute discretion, may terminate the trust estate created hereunder, in whole or in part, with distribution of the principal to be made to my wife, LOIS G. MECK, to the extent of such termination. This trust was created to provide an opportunity to shelter all or a part of the principal thereof from Federal Estate Tax in my wife's estate. Without in any way imitina the aPnPraliti~ of the f~revnipo ow~r of termination, it 1S ,, ator< ~......,.,b b.,...,...... ~, .~ b.,. b p P my p''Pc but not mandatory suggestion that the Trustee consider exercising the foregoing 2 PTl 122577v 106/03/04 power if and to the extent she deems it unlikely the trust will be required for such purpose. 4.4. Trust Termination Upon the death of my wife, LOIS G. MECK, or -upon my death should she fail to survive me, the trust herein created shall terminate, and the Trustee shall distribute the remaining principal of the trust, if any, to my then living issue, p~;r stirpes and not per capita. In the absence of any such living issue, the principal shall be distributed to such person or persons who would have been entitled to receive the same a.s my heirs at law and those of my wife, LOIS G. MECK, under the laws of the Cornrnonwealth of Pennsylvania as though each of us had died at that time the owner of one-half thereof, unmarried, intestate and domiciled in that Commonwealth. Distribution hereunder, however, shall be subject to the provisions of Paragraph 5 if any distributee has not then attained 30 years of age. 5. Young Beneficiary Trust If any beneficiary has not then attained 30 years of age at a time he or she is entitled to receive a share of my estate or income or principal of a trust created hereunder, the same shall be set aside and retained in a separate tnist for his or her benefit by the Trustees hereinafter named. The Trustees may pay to that beneficiary or use and expend for his or her benefit al'l or such portion of the received and earned income as well as the principal of this trust estate as the Trustees, in their absolute discretion, deem advisable to provide for the health, education, maintenance, and support of that beneficiary, taking into account to the extent the Tnistees deem proper, any independent means available to the beneficiary of which the Truist~ees have knowledge. Any income not paid or applied as aforesaid shall be added to principal. At any time after the beneficiary has attained 25 years of age, the Trustees shawl distribute to that beneficiary such portion or portions of the principal of his or her trust as that beneficiary shall from time to time direct in writing. In no event, however, shall the aggregate scum of such withdrawals prior to that beneficiary's having attained 30 years of age, valued at the date of the withdrawal, exceed one-half of the value of the principal of that beneficiary's trust (;state at its inception. Any principal of a trust for a benef ciary hereunder who dies before age 3~0 shall be distributed to such person or persons who would have been entitled to receive the Barrie as the heirs at law of the beneficiary under the laws of the Commonwealth of Pennsylvania as though he or she had died at that time the owner thereof, unmarried, intestate, and domiciled in that Commonwealth excluding, however, any person who is not related to me or my wife, LOIS G. MECK. Distribution hereunder shall also b subject, however, to the provisions of this Paragraph 5 if :,t that riI„P, any s„ch distrjh»tee has not then attained 30 years of age. If more 3 PTI 122577v1 06/03/04 than one trust is held hereunder for the same beneficiary, the Trustees may, in their absolute discretion, combine them into a single trust. Notwithstanding the foregoing, the Trustees shall accelerate from age 30 to an earlier age the termination of a trust for any particular beneficiary hereunder if that acceleration is necessary to effect compliance with the rule against perpetuities, as measured by the lives of all beneficiaries named or described in this instrument and by actual rather than possi~-le events. The Trustees may also thus accelerate such termination where, in the absolute discretion of the Trustees, the size of the trust is deemed too small to warrant continued retention in trust. In either case such distribution may be made to that beneficiary or to a Custodian appointed for his or her benefit as hereinafter provided. 6. Technical Provisions The following technical provisions shall prevail in the administration of my estate and trusts hereunder where applicable: 6. ~. Marital Deduction Funding There shall not be allocated to any gift hereunder or any portion thereof otherwise intended to qualify for the marital deduction property not includable iin my gross estate for Federal Estate Tax purposes or any property or the proceeds therefrom, which does not meet marital deduction requirements. Property that may be subject to a foreign death tax shall not be allocated to any such gift unless absolutely required to fully fund the same. If any such gift is a pecuniary amount, the property used to satisfy such a pecuniary gift shall be valued on or near the date of funding. 6.2. Exculpatory Provisions I recognize that there are or may be several options under income and death tax laws, the exercise of which can materially impact,. and in some instance;> entirely eliminate, gifts or trust interests created or referred to hereunder and that these may be similarly affected by the timing of distributions and the intervening appreciation or depreciation of asset values. The Executrix and Trustee shall have absolute discretion to elect such options and select the time for dist:ri~>ution in such manner as they may perceive to be in the overall best interests of the: persons having a beneficial interest in my estate and the trusts created hereunder, even though such decisions may have differing impacts on one or more: of the beneficiaries, and without reimbursement or compensatory adjustmE;nt:s. The Executrix and Trustee shall not be required to favor recipients under this Will over those receiving gifts outside the Will, and they shall not be liable for any loss which occurs by reason of such election or timing of distributions. 4 PTI 122577v 1 06/03/04 6.3. Single or Severed Trusts The Trustee may, in her absolute discretion, continue any trust created hereunder as a single trust with appropriate identification of the respective portions having different tax or distributive characteristics or sever the same into as rr.~any separate trusts as she deems proper for the purpose of facilitating or implementing allocation of my generation-skipping tax exemption, qualification of the trusts to hold S corporation stock, or any other tax or distributive consideration the Trustee deems proper so long as the alternative selected and the manner of implementation thereof is not likely to result in the loss or denial' of any tax exemption or other tax or distributive objective sought. If such severance involves a pecuniary amount rather than fractional shares, the pecuniary amount shall be entitled to a pro-rata share of the income earned to date by ithf; estate or trust from which it is severed, and distributions in kind in satisfaction of such pecuniary amount shall be at current market value at time of distribution. 6.4. Beneficially Interested Fiduciary Irrespective of any contrary provision herein or any discretion granted by law, no Trustee acting hereunder shall have or enjoy any power or authority in that capacity, if the existence, exercise, lapse or disclaimer of such power or authority may be deemed to be or cause. the trust or any part thereof to be a taxable transfer by the Trustee for Federal Estate Tax, Gift Tax, or Generation-Skipping Tax purposes. In any such case, the power and discretion shall be vested exclusively in the other Trustee or Trustees, if any, then acting hereunder not also thus similarly disqualified. If all of the current Trustees are thus disqualified, that specific power and discretion shall be vested exclusively in the next succeeding Trustee or Trustees hereinafter designated or provided for not also disqualified. In the absence thereof, such specific power and discretion shall be vested exclusively in any Special Trustee appointed by me or the court for that specific; limited purpose. 6.5. Stock Dividends In any trust hereunder, corporate distributions in shares of the distributing corporation, however described or designated by that corporation, shall be deemed principal. 6.6. Spendthrift Clause "The interests of the beneficiaries in principal and income of my estate and any trust created herein shall be free from anticipation, assignment, pledge, or obligations of those beneficiaries and shall not be subject to any execution or attachment until actually distributed. This shall not preclude (i) a personal exercise by a beneficiary of a right of withdrawal granted hereunder, if any, (ii) a disclaimer- by a beneficiary, in whole or in part, of any interest in income or principal hereunder, o~' (iii) a setoff against such interest of any indebtedness of the beneficiary to me, my estate or any trust described herein. 5 PTI 122577v1 06/03/04 6.7. Post-Death Income Unless otherwise provided, upon the death of any income beneficiary,, any income accrued or received by the Trustee subsequent to the last income payment date shall be paid to the person or persons for whose benefit the princip<~I producing such income is continued in trust or to whom such principal is distributed under the terms hereof. 6.8. Allocation of Capital Gains Funds distributed in a discretionary application of principal or in response to an exercise of a right of withdrawal hereunder, if any, shall neither be deemed to nor actually include capital gains realized during the current tax year, except to the extent in the exercise of absolute discretion, the Executrix or Trustf;e expressly elect to allocate all or a part of such gains thereto. 6.9. Adopted and Related Persons References in my Will to children, grandchildren, issue, descendants, heirs, or persons related to others shall be deemed to include, in addition to blood relatives, persons who fall into that relationship solely by reason of adoption, so long as the adoption occurred during the minority of the adoptee. 6.1 D. Per Stirpes Gifts In any gift hereunder to the issue of any individual, per stirpes, the starting point in allotting shares shall always be the children of such individual, evert though all of such children are then deceased, and no distribution at any lower g;er~erational level shall be determined on a per capita basis. 6.11. Trust Combination The Trustee may, in her absolute discretion, combine any trust created hereunder with any trust containing substantially similar provisions, notwithstandiinl; the fact that the trusts may have been created by separate instruments or by different persons. If necessary to protect possibly different future interests or to facilitate later division of the trust, the assets shall be valued at the time of any such combination and a record made of the proportionate interest of each separate trust in the combined fund. 6.12. Retirement Accounts If my estate or a trust hereunder is a beneficiary of a retirement plan or retirement account (each of which is referred to herein as a "Retirement Account"), the Executrix or Trustee may elect installment distributions therefrom in lieu of a lump sum settlement, so long as those distributions are at least the minimum a171Ullnt, 11 Aily~ ICgUII-~Cl LU UC UISLIIDULCU lIUIIl LI]C tCCL1I`eri~ieilt 1-~(,(,C]~i;jri~: Lli'1(jer appliiabii/ pro'v'isions of tjie ii'1teiTiai Rc^Veijii2 w^de and tjic pvwcr aijd dis~rctivij to accelerate distribution from time to time is retained by the Executrix c-r 'Trustee. 6 PT 1 122577v 1 06/03/04 7. Fiduciary Powers In the administration of my estate and any trust created under my Wili, the Executrix and the Trustee shall have, in addition to and not in limitation of any authority given by la~v, and without necessity of obtaining the consent of any court, full and. complete power and discretion as follows: to accept, retain, and hold in the estate or trusts any of my investments or property without duty to diversify; to invest and reinvest the assets of the estate or trusts in arty kind of property, real or personal, or part interest therein, without being restricted to investments which are legal for trust funds; to sell, pledge, exchange, lease for any period of time; ar m~or~tgage any real or personal property, and to grant options for the sale, exchange, or lease of the: same; to borrow money from themselves or others and pledge or encumber any property of t:hE; estate or trusts as security therefor, without liability on the part of the Lender to see to the application of such funds; to compromise claims in favor of or against the estate or trusts; to exercise options to subscribe to or purchase securities; to join in, consent to, or oppose any voting trust and any plan of lease, mortgage, merger, consolidation, reorganization, recapitalization, liquidation, foreclosure, or other readjustment of the financial structure of any firm or corporation in which the estate or mists may have an interest; to deposit securities in a clearing corporation or' carry the same in the name of a nominee or in book entry form; to maintain, repair, alter, improve, partition, subdivide, dedicate, and otherwise manage or deal with real estate; to decline to accept, disclaim, release, renounce, or abandon any interest in property and any power; to nominate themselves or another as Custodian under a Uniform Gifts or Transfers to Minors' Act and make transfers of a beneficiary's interest in all or part of the estate or trust to such Custodian to be held for the benefit of such beneficiary and select an age from 21 to 25 as to how long such custodianship shall last; to purchase from my estate and that of my spouse any assets thereof and to make loans to those estates to provide liquidity; to allot different kinds of interests in property to different beneficiaries of my estate or different trusts created hereunder; to retain investment advisors, professional advisors, custodians, and agents and to delegate to them an.y power or discretion vested in the Executrix and the Trustee; and to distribute the estate or trusts either in cash or in kind. 8. Payment of Death Taxes I direct that all estate, inheritance, and succession taxes, together with any interest and penalty thereon, on or against any item which may be included as part of my estate; for tax purposes, whether passing under this my Last Will or otherwise, or assessed against any legatee, devisee, beneficiary, or recipient of the same, shall be paid out of the principal of Iriy general estate in the same manner as an administration expense or out of the principal of any trust succeeding in interest thereto. I direct that none of such taxes shall be prorated or apportioned and that, except for such taxes imposed on qualified terminable interest property, there shall be no obligation upon any person to reimburse my Executrix or my residuary estate therefor. My Executrix or Trustee to whom my residuary estate has been distributed may elect to prepay or defer payment of all or any part of said death taxes and that election shall be binding on all parties concerned. 7 PTl 122577v1 06/43/04 9. Appointment of Trustees I appoint my wife, LOIS G. MECK, Trustee of the Trust in paragraph 4. In the event my wife, LOIS G. MECK, is unable or unwilling to serve or continue to serve as Trustee, then I appoint my daughter, CONSTANCE L. MECK, my daughter, JENNIFER M. VIl~~E,S, and my son, JOHN F. MECK, to jointly fill that vacancy. I appoint my daughter, CONSTANCE L. MECK, my daughter, JENNIFER N1. VINES, and my son, JOHN F. MECK Trustees of the trusts in paragraph 5 of my Will. 10. Appointment of Executors I appoint my wife, LOIS G. MECK, Executrix of my Will. Should my wife; LOIS G. MECK, be unable or unwilling to serve or continue to serve, then I appoint mry daughter, CONSTANCE L. MECK, my daughter, JENNIFER M. VINES, and my son, JOHN F. MECK, Executors to jointly fill that vacancy. I direct that no bond shall be required of any personal representative, trustee, guardian, or custodian named herein or appointed hereunder. IN WITNESS WHEREOF, I have hereunto set my hand and seal the ,~j~~~ day of .~ ~n~_ 2004. ~_ ;` ~ (SEAL). FRANKLIN G. MECK _ ~~ ~- ~?~ G~ Address Address PTI 122577v1 06/03/04 8 Acknowledgment And Affidavit For Self-Proved Will COMMONWEALTH OF PENNSYLVANIA ) ss: COUNTY OF ALLEGHENY ) We, FRAN IN G. MECK, ~l5 ~~ , ~Cf __ and ~~ jy ~~ ~-~.`~ ~ ACC ,the Testator and the witnesses, respectively, whose names are signed to the foregoing Last Will, being first duly sworn according to law, do depose and say that the Testator signed and executed the foregoing instrument as and for his Last Will, that he signed willingly, that he executed it as his free and voluntary act for the purposes therein expressed, that each of the witnesses, in the presence and hearing of the Testator, signed the Last Will as witnesses and that to the best of the knowledge of each of the witnesses the 7`~estator was at that time eighteen (18) years of age or older, of sound mind and under no constraint or undue influence. U ~~~ FRAN~`KLIN G. M-EyCK ,~ ~J~ O,I-IN 1~. MECK, Attorney-at-law a. S.Ct.Id. No.: 26439 ON THIS the da of 2004 Y ,before m.e, a Notary Public, the undersigned officer, personally ap ared JOHN F. MECK known to me or satisfactorily proven to be a member of the bar of the highest court of the Commonwealth of Pennsylvania and a subscribing witness to the within instrument, and certified that: he was personally present when the foregoing acknowledgment and affidavit were si;gneci by FRANKLIN G. MECK, the Testator, and ~ (~ ~~ ~ ~ ~~ --- and ~~`c ~ ~~~ ~~C(C_ ,the witnesses. IN WITNESS WHEREOF, I hereunto set my hand and official seal. f n. , ~~~(~ N tary Public Notarial Sea! 9 Kathleen L Thomson, Notary Public City OE Pittsburgh, AiEegheny County PT1 122577v t 06/03/04 nqy Commissipn Expires ~Unfi 27', 2006 hl{em~c. fir.-,,, .. ~- ~- Q~t;r?c;a?~r''? ~f Nctar~s