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HomeMy WebLinkAbout08-08-111505610143 REV-1500 Ex (o,-,a, . PA Department of Revenue OFFICIAL USE ONLY pennsylvania count Code Year Bureau of Individual Taxes DEPARTMENT OF REVENUE y FIIe Number PO 80X.280601 INHERITANCE TAX RETURN Harrisburg, PA 17128-0601 RESIDENT DECEDENT 21 11 0180 ENTER DECEDENT INFORMATION BELOW Social Security Number Date of Death Date of Birth 201 16 5557 O1 30 2011 08 16 1927 Decedent's Last Name Suffix Decedent's First Name MECK MI FRANKLIN G (If Applicable) Enter Surviving Spouse's Information Below Spouse's Last Name Suffix Spouse's First Name MECK MI LOTS G Spouse's Social Security Number THIS RETURN M UST BE FILED IN DUPLICATE WITH THE REGISTER OF WILLS FILL IN APPROPRIATE OVALS BELOW 1. Original Return rX ~ 2. Supplemental Return ~~ 3. Remainder Return (date of death prior to 12-13-82) 4. Limited Estate f i ~-X= qa Future Interest Compromise (date of death after 12-12-8z) -- ~_ ~ 5. Federal Estate Tax Return Required X g Decedent Died Testate j --' (Attach Copy or wiu) __ ~ Decedent Maintained a Living Trust (Attach Copy of Trust) _ 8. Total Number of Safe Deposit Boxes 9 Litigation Proceeds Received _- 1 p spousal PovertV Credit (date of death between 12-31-91 and,-,-95) J 11.Election to tax under Sec. 9113(A) ~X _ (Attach Sch O) 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 5~~ 1916 ~~::~ -~-~ First line of address 600 GRANT STREET 44TH F Second line of address City or Post Office PITTSBURGH ADDRESS _916 Aspen Avenue Mechanicsburg, PA 1 SIGNATURE OF PRF,-F~}jER OTHER THAN RF,JZRESEMTATIVE State ZIP Code PA .~ ~~, _ , r-`-• .t- -.> REGISTER ©F USE:C1iVLY ~_. '-'~~; ~~? _~~.- =~ . ' =~ _... o -~ c: DATE FILED '.,;'; ::_; ,rye ~~ John F Meck Esq. 1 A~E~--7~ /~ ADDRESS .'/ 600 Grant Street, 44th Floor, Pittsburgh, PA Side 1 L 1505610143 1505610143 J d `~, Correspondent's a-mail address: lmeck@eckertSeanlanS.COrII it ns trueecorrect andecompletde cDeclahation of prepares ocher than theloersolnal aerCi~imSPntat vP s~ch;du~l~es a ~d statements, and to the best of my knowledge and belief, 1505610243 REV-1500 EX Decedent's Social Security Number °eoedenes"ame Meek, Franklin G. 201 16 5557 - __ -- - __ -_ -- - _ __ - __ RECAPITULATION - -- - - - - - 1 . Real Estate (Schedule A) .................................................................................... ... 1. 2 Stocks and Bonds (Schedule B) .......................................................................... ... 2. 3 . Closely Held Corporation, Partnership or Sole-Proprietorship (Schedule C)...... ... 3. 4 Mortgages & Notes Receivable (Schedule D) ..................................................... ... 4. 5 Cash, Bank Deposits & Miscellaneous Personal Property (Schedule E) ............. .. 5. 6. Jointly Owned Property (Schedule F) I~ Separate Billing Requested.......... .. 6. 7. inter-Vivos Transfers & Miscellaneous N or~-Probate Property Schedule G l I Separate Billing Requested........... . 7. 8. Total Gross Assets (total Lines 1-7) ................................................................... .. g. 9. __. Funeral Expenses & Administrative Costs (Schedule H). ......... .... --_ ., g. 10. Debts of Decedent, Mortgage Liabilities, & Liens (Schedule I) ............................. . 10. 11. Total Deductions (total Lines 9 & 10) ..................... ............................................ . 11. 12. Net Value of Estate (Line 8 minus Line 11) ......................................................... . 12. 13. Charitable and Governmental Bequests/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. ----- -_ -- _ __ _-_ -- - 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 0.00 15. 16. Amount of Line 14 taxable at lineal rate X .045 2 6, 6 6 8. 5 6 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 0 . 0 0 18. 19. Tax Due ................................................................................................................. . 19. 20. FILL IN THE OVAL IF YOU ARE REQUESTING A REFUND OF AN OVERPAYMENT. Side 2 1505610243 1,500.00 1,500.00 -1,500.00 -1,500.00 0.00 1,200.09 0.00 0.00 1,200.09 1505610243 J REV-1500 EX Page 3 File Number 21-11-0180 Decedent's Complete Address: DECEDENT'S NAME Meck, Franklin G. STREET ADDRESS 916 Aspen Avenue __ __ - ___ CITY STATE ,ZIP Mechanicsburg PA ' 17055 Tax Payments and Credits: 1. Tax Due (Page 2, Line 19) 2. Credits/Payments A. Prior Payments B. Discount (1) 1,200.09 Total Credits (A + B) (2) 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. Make Check Payable to: REGISTER OF WILLS, AGENT. (3) (4) t5) 1,200.09 PLEASE ANSWER THE FOLLOWING QUESTIONS BY PLACING AN "X" IN THE APPROPRIATE BLOCKS 1. Did decedent make a transfer and: Yes N_o a. retain the use or income of the property transferred :............................................................................... -~i i _ x; b. retain the right to designate who shall use the property transferred or its income;......._........._ .............. ', j c. retain a reversionary interest; oc .............................................................................................................. I 1 - 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 receiving adequate consideration? ..........................................................................._...................................... ^ ~ x ~ , 3. Did decedent own an "in trust for" or payable upon death bank account or security at his or her death?....._ ~__~ 4. Did decedent own an Individual Retirement Account, annuity, or other non-probate property which ___ i , contains a beneficiary designation?..._ ..........................................................................................................._ LX-' I__I IF THE ANSWER TO ANY OF THE ABOVE QUESTIONS IS YES, YOU MUST COMPLETE SCHEDULE G AND FILE IT AS PART OF THE RETURN. For dates of death on or after July 1, 1994 and before 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) (12)]. . 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 as noted in 72 P.S. §9116 1.2) [72 P.S. §9116 (a) (1)]. . The tax rate imposed on the net value of transfers to or for the use of the decedent's siblings is 12 percent [72 P.S. §9116 (a) (1.3)]. A sibling is defined under Section 9102, as an individual who has at least one parent in common with the decedent, whether by blood or adoption. REV-1151 EX+i10-06) ~:., .. ~- COMMO ERITANCECT~ RETURNANIA RESIDENT DECEDENT SCHEDULE H FUNERAL EXPENSES & ADMINISTRATIVE COSTS ESTATE OF I FILE NUMBER Meck, Franklin G. 21-11-0180 .......... ... .......... ..............~a ..ia. ~ a.Nv~ wa. v~. v~..ncuu~c ~. ITEM DESCRIPTION AMOUNT NUMBER q. FUNERAL EXPENSES: B. 1 ADMINISTRATIVE COSTS: Personal Representative's Commissions Name of Personal Representative(s) Street Address City Year(s1 Commission paid State Zip 2. Attorney's Fees ECKERT SEAMANS CHERIN & MELLOTT, LLC 3. Family Exemption: (If decedent's address is not the same as claimant's, attach explanation) Claimant Lois G. Meck Street Address 916 Aspen Avenue city Mechanicsburg state PA zip 17055 Relationship of Claimant to Decedent Spouse 4. Probate Fees 5. Accountant's Fees 6. Tax Return Preparer's Fees 7. Other Administrative Costs Waived 1,500.00 TOTAL (Also enter on line 9, Recapitulation) I 1,500.00 Copyright (c) 2009 form software only The Lackner Group, Inc. Form PA-1500 Schedule H (Rev. 10-06) REV-1514 EX+ (4-09) ~ ~:~ . - COMMONWEALTH OF PENNSYLVANIA INHERITANCE TAX RETURN RESIDENT DECEDENT SCHEDULE K LIFE ESTATE, ANNUITY & TERM CERTAIN (Check Box 4 on Rev-1500 Cover Sheet) ESTATE OF FILE NUMBER Meck, Franklin G. 21-11-0180 This schedule should be used for all single life, joint or successive life estate and term-certain calculations. For dates of death prior to 5-1-89, actuarial factors for single life calculations can be obtained from the Department of Revenue. Actuarial factors can be found in IRS Publication 1457, Actuarial Values. Alpha Volume for dates of death from 5-1-89 to 4-30-99, and in Aleph Volume for dates of death from 5-1-99 and thereafter. Indicate the type of instrument which created the future interest below and attach a copy to the tax return. ® Will ^ Intervivos Deed of Trust ^ Other LIFE ESTATE INTEREST CALCULATION NAME OF LIFE TENANT DATE OF BIRTH NEAREST AGE AT DATE OF DEATH TERM OF YEARS LIFE ESTATE IS PAYABLE Lois G. Meck 03/2911927 84 ®Life or ^ Term of Years 31,015 ^ Life or ^ Term of Years ^ Life or ^ Term of Years ^ Life or ^ Term of Years 1. Value of fund from which life estate is payable 2. Actuarial factor per appropriate table Interest table rate - ^ 3 112% ^ 6% ^ 10% ®Variable Rate 2.4% 3. Value of life estate (Line 1 multiplied by Line 2) ANNUITY INTEREST CALCULATION $ 31,015.00 0.14014 $ 4,346.44 NAME OF ANNUITANT DATE OF BIRTH NEAREST AGE AT DATE OF DEATH TERM OF YEARS ANNUITY IS PAYABLE ^ Life or ^ Term of Years ^ Life or ^ Term of Years ^ Life or ^ Term of Years ^ Life or ^ Term of Years 1. Value of fund from which annuity is payable $ 2. Check appropriate block below and enter corresponding number Frequency of payout-^ Weekly (52) ^ Bi-weekly (26) ^ Monthly (12) ^ Quarterly (4) ^ Semi-annually (2) ^ Annually (1) ^ Other 3. Amount of payout per period $ 4. Aggregate annual payment. Line 2 multiplied by Line 3 5. Annuity Factor (see instructions) Interest table rate - ^ 3 112% ^ 6% ^ 10% ^Variable Rate 6. Adjustment Factor (see instructions) $ 7. Value of annuity - If using 3 1/2%, 6%, 10% or if variable rate and period payout is at end of period, calculation is: Line 4 x Line 5 x Line 6 $ If using variable rate and period payout is at beginning of period, calculation is: (Line 4 x Line 5 x Line 6) + Line 3 NOTE: The values of the funds which create the above future interests must be reported as part of the estate assets on Schedules A through G of the tax return. The resulting life or annuity interest(s) should be reported at the appropriate tax rate on Lines 13 and 15 through 18 of the return. Copyright (c) 2009 form software only The Lackner Group, Inc. Form PA-1500 Schedule K (Rev. 4-09) REV-1647 EX+ (9-00) ~ ~~;~;. ~; SCHEDULE M connnnolvwEArTH of PENNSnvANln FUTURE INTEREST COMPROMISE INHERITANCE TAX RETURN RESIDENT DECEDENT (Check Box 4a on Rev-1500 Cover Sheet) ESTATE OF FILE NUMBER Meck, Franklin G. 21-11-0180 This schedule is appropriate only for Estates of decedents dying after December 12, 1982. This schedule is to be used for all future interests where the rate of tax which will be applicable when the future interest vests in possession and enjoyment cannot be established with certainty. Indicate below the tvoe of instrument which created the future interest and attach a coov to the tax return ® Will ^ Trust ^ Other I. I Beneficiaries NAME OF BENEFICIARY RELATIONSHIP DATE OF BIRTH AGE TO NEAREST BIRTHDAY 1. Lois G. Meck Spouse 03/29/1927 84 2. Constance L. Meck Daughter 08/22/1950 60 3. John F. Meck Son 06/1211952 59 4. Jennifer M. Vines Daughter 12/12/1957 53 5. II. For decedents dying on or after July 1, 1994, if a surviving spouse exercised or intends to exercise a right of withdrawal within 9 months of the decedent's death, check the appropriate block and attach a copy of the document in which the surviving spouse exercises such withdrawal r' t. Unlimited right of withdrawal ^ Limited right of withdrawal Explanation of Compromise Offer: Pursuant to the provisions of the Residuary Trust under Will of Franklin G. Meck (the Residuary Trust) created under Paragraph 4 of the Last Will and Testament of Franklin G. Meck, the Residuary Trust is solely for the benefit of the Decedent's surviving spouse, Lois G. Meck, during her lifetime. The Trustee may pay the net income of the Residuary Trust to the spouse. In addition, the Trustee may in her absolute discretion, provide for the surviving spouse's health, education, maintenance, and support. IV. It is believed that it is unlikely that the surviving spouse will consume the principal of the Residuary Trust since the surviving spouse has significant assets in her own right. For purposes of this compromise offer, it is assumed that Lois G. Meck will receive all income earned by the Residuary Trust during her lifetime as provided in the Will and that the remainder stated below will be transferred to the Decedent's then living issue, per stipes and not per capita. Summary of Compromise Offer: 1. Amount of Future Interest: 2. Value of Line 1 exempt from tax as amount passing to charities, etc. (also include as part of total shown on Line 13 of Cover Sheet) 3. Value of Line 1 passing to spouse at appropriate tax rate Check One ^ 6% ^ 3% ®0% (also include as part of total shown on Line 15 of Cover Sheet) 4. Value of Line 1 taxable at lineal rate (also include as part of total shown on Line 16 of Cover Sheet) 5. Value of Line 1 taxable at sibling rate (12%) (also include as part of total shown on Line 17 of Cover Sheet) 6. Value of Line 1 taxable at collateral rate (15%) (also include as part of total shown on Line 18 of Cover Sheet) 7 Total value of Future Interest (sum of Lines 2 thru 6 must equal Line 1) Copyright (c) 2002 form software only The Lackner Group, Inc. 31,015.00 4, 346.44 26,668.56 31,015.00 Form PA-1500 Schedule M (Rev. 6-98) Rev-1151 EX (1-97) (I)~ ~' SCHEDULE O ~.~~ COMMONwEArTHOERENNSV~VAN~A '~.. ELECTION UNDER SEC. 9113(A) INHERITANCE TAX RETURN '. RESIDENTDECEDENT ''. (SPOUSAL DISTRIBUTIONSI ESTATE OF FILE NUMBER Meck, Franklin G. 21-11-0180 Do not complete this schedule unless the estate is making the election to tax assets under Section 9113(A) of the Inheritance & Estate Tax Acl If the election applies to more than one trust or similar arrangement, a separate form must be filed for each trust. This election applies to the Residuary Trust (marital, residual A, B, By-pass, Unified Credit, etc.). If a trust or similar arrangement meets the requirements of Section 9113(A), and: a. The trust or similar arrangement is listed on Schedule O, and b. The value of the trust or similar arrangement is entered in whole or in part as an asset on Schedule O then the transferor's personal representative may specifically identify the trust (all or a fractional portion or percentage) to be included in the election to have such trust or similar property treated as a taxable transfer in this estate. If less than the entire value of the trust or similar property is included as a taxable transfer on Schedule O, the personal representative shall be considered to have made the election only as to a fraction of the trust or similar arrangement. The numerator of this fraction is equal to the amount of the trust or similar arrangement included as a taxable asset on Schedule O. The denominator is equal to the total value of the trust or similar arrangement. Part A: Enter the description and value of all interests, both taxable and non-taxable, regardless of location, which pass to the decedent's surviving spouse under a Section 9113 (A) trust or similar arrangement. Part B: Enter the description and value of all interests included in Part A for which the Section 9113 (A) election to tax is being made. (If more space is needed, insert additional sheets of the same size) Copyright (c) 2002 form software only The Lackner Group, Inc. Form PA-1500 Schedule O (Rev. 6-98) SCHEDULE O ELECTION UNDER SEC. 9113(A) (SPOUSAL DISTRIBUTIONS) continued ESTATE OF Meck, Franklin G. FILE NUMBER 21-11-0180 ITEM NUMBER DESCRIPTION AMOUNT 9113A Trust 1 Trust Under Will of Franklin G. Meck -gross value of assets passing to residuary trust regardless of PA taxability: probate assets $31,015 and Life Insurance of $47,931 9113A Trust/Election Made 2 Trust Under Will of Franklin G. Meck 01-A Subtotal 78,946.00 78.946.00 78,946.00 01-B Subtotal 78.946.00 Copyright (c) 2002 form software only The Lackner Group, Inc. Form PA-1500 Schedule O (Rev. 6-98) Annuity, Life Estate, and Remainder Factors Transfer Date: 1/2011 §7520 Rate: 2.40% Calculation Type: Life Principal: $31,015 Lives: 1 Ages: 84 Life Estate Remainder Factor: 0.14014 0.85986 Value: $4,346.44 $26,668.56 7!25/2011 LAST WILL AND TESTAMENT OF FRANKLIN G. MECK I, FRANKLIN G. MECK, of the City of Mechanicsburg, County of Cumberland, and Commonwealth 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 may be 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 by (i) the value, for the purposes of that Tax, of any property interest which passes or has passed to my wife otherwise than under this Paragraph 3 to the extent such interest is includable in my gross 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 Tax 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 benefits payable to the Trustee under my Will, I give to and direct that the same be held by the Trustee hereinal`Ier-names or her successors, >3~ TI'c'uST NE`v'I/RTHELESS, for the following uses and purposes: PTl 122577v 1 06/03/04 4.1. Distribution of Income and Principal The Tnistee 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 benefit 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. MECK. 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 respective 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 withdrawals 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 ]imiti?3g the generality of the fnrebaninba power of termination, it is my precatory but not mandatory suggestion that the Trustee consider exercising the foregoing 2 PTl 122577v l 06/03/04 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, per 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 as my heirs at law and those of my wife, LOIS G. MECK, under the laws of the Commonwealth 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 S 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 he set aside and retained in a separate trust for his or her benefit by the Tnistees hereinafter named. The Trustees may pay to that beneficiary or use and expend for his or her benefit all 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 Trustees deem proper, any independent means available to the beneficiary of which the Trustees have knowledge. Any income not paid or applied as aforesaid shall be added to principal. At any time after the beneficiary has attained 2S years of age, the Trustees shall 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 sum 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 estate at its inception. Any principal of a trust for a beneficiary hereunder who dies before age 30 shall be distributed to .such person or persons who would have been entitled to receive the same 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, unmarred, 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 be subject, however, to the provisions of this Paragrraph_ 5 if at that til,-,e, any such distl-ib„tee has not then attained 30 years of age. If more 3 YTl l 22577v 106/03/04 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 possible 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 mists hereunder where applicable: 6.1. Marital Deducfion 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 in 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 instances 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 distribution 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 adjustments. 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 122S77v1 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 many 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 the 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 /nferesfed 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 dsciaimer- 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 PTl 122577v 1 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 principal 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 Trustee 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. 6.10. 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, even though all of such children are then deceased, and no distribution at any lower generational level shall be determined on a per capita basis. 6.11. Trusf Combination The Trustee may, in her absolute discretion, combine any trust created hereunder with any trust containing substantially similar provisions, notwithstanding 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 ar1'iouiii, ii aiiy, rCq-iiroci i~ u~ distrouicu'-fiuiil tie Rctrerriefit-ACCOUrit- under- appiiCabic^ provisionsvf the ii7tclilai R2vci'lue ~vde and the pvwcr and discretion to accelerate distribution from time to time is retained by the Executrix or Trustee. 6 PT1 122577v1 06/03/04 7. Fiduciary Powers In the administration of my estate and any trust created under my Will, the Executrix and the Tnrstee shall have, in addition to and not in limitation of any authority given by law, 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 any 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; or mortgage 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 the 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 trusts 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 any 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 my 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 122577vt 06!03/04 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. VINES, and my son, JOI-IN F. MECK, to jointly fill that vacancy. I appoint my daughter, CONSTANCE L. MECK, my daughter, JENNIFER M. VINES, and my son, JOI IN 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 my 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 `~~~1 day of ~~_~ ~ n ~_ _ _ , 2004. ,'~ ~ ~- ~ (SEAL) FRANKLIN G. MECK Address Address 8 PTI 122577v 1 06/03!04 Acknowledgment And Affidavit For Self-Proved Will COMMONWEALTH OF PENNSYLVANIA ) ss: COUNTY OF ALLEGHENY ) We, FRANKLIN G. MECK, ~ j5 ~y- _ ~(QC~~ and ~~(~J~ ~,y~L(,`~ 1 ~~CC~ ,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 Testator was at that time eighteen (18} years of age or older, of sound mind and under no constraint or undue influence. ~~~ ~~ ~~~ ~'~ FRANKLIN G. MECK ~~ ,, r ~J"O F. MECK, Attorney-at-law a. S.Ct.Id. No.: 26439 ~Q~ i` ON THIS, the ~ `" ` day of , 2004, before me, 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 signed by FRANKLIN G. MECK, the Testator, and ~(S (9-~ ~~ and ~¢~~~,~_ L~LLY ~~C(~ ,the witnesses. IN WITNESS WHEREOF, I hereunto set my hand and official seal. ~. ~~ ~ N tary Public Notarial Seal Kathleen L. Thomson. Notary Public 9 City Ot Pittsburgh, Aliegheny County PT1 122577v1 06/03/04 My Commission Expires June 27, 2006 Member. ~r.~~„'.'"'-' n~=~x:a%en!3f Nctanes ,~ . ~ F. ;~ ~ Q[ ~ ' i'.1- '' " ~ `` ~~ t .. V~~ ~_.. ,~^ r, , ~'~~ ~' ,_ ~~ .: :p 1 ~ ~ ~~ {~ ~~~i ~ L~ OR1?1.~p~'; CG~~R~gR CUM~~~1_A^~~ ~~ 0 ~ o ..l ti, ..7 r a ~ ~ v `n O a - ~ z cn o~j ~ `~ w ~ C7 '~ ~ x `? ° W V ~e4, 3 0 ~~ ~. ~~, ~~ x ~,' U ~ 0 ~ ~ a ~'" O ,~ .9 U ~ ~ ~ U O U u~ wn