HomeMy WebLinkAbout11-09-111505611101
~ REV-1500 ex `°Z_1'' '
enns lvania oF1-1cIAL UsE c3Nt r
PA Department of Revenue PEppgr~ENY
Bureau of Individual Taxes '° County Code Year
PO BOX z8o6oi pINHERITANCE TAX RETURN
__ _ Harrisburg, PA i~i28-o6oi RESIDENT DECEDENT ~ ~ 1
ENTER DECEDENT INFORMATION BELOW ~Y
Social Security Number Date of Death MMDDYYYY Date of Birth MMDDYYYY
Z t?5 24 ~6 $a 032~Za / 1 i 2~ 1 { q 3 ~
Decedent's Last Name Suffix Decedent's First Name
C~,~D~I~b /EEG I ~~
(If Applicable) Enter Surviving Spouse's Information Below
Spouse's Last Name Suffix Spouse's First Name
a~oA~~ ~R A~ ~~~er
Spouse's Social Security Number
MI
G
MI
THIS RETURN MUST BE FILED IN DUPLICATE WITH THE
2 0 3 Z Z g 6 q$ REGISTER OF WILLS
FILL IN APPROPRIATE OVALS BELOW
I® 1. Original Return O 2. Supplemental Return O 3. Remainder Return (Date of Death
Prior to 12-13-82)
O 4. Limited Estate O 4a. Future Interest Compromise (date of O 5. Federal Estate Tax Return Required
death after 12-12-82)
O 6. Decedent Died Testate O 7. Decedent Maintained a Living Trust 8. Total Number of Safe Deposit Boxes
(Attach Copy of Will) (Attach Copy of Trust.)
O 9. Litigation Proceeds Received G 10. Spousal Poverty Credit (Date of Death O 11. Election to Tax under Sec. 9113(A)
Between 12-31-91 and 1-1-95) (Attach Schedule O)
CORRESPONDENT - THIS SECTION MUST BE COMPLETED. ALL CORRESPONDENCE AND CONFIDENTIAL TAX INFORMATION SHOULD BE DIRECTED TO:
Name Daytime Telephone Number
A ~~~~~ g~~A~ p ~i ~ 6~5 ~a~~
First Line of Address
)~a3 K~~T DR
Second Line of Address
City or Post Office State ZIP Code
CAMP NtLL pR ~~`'o~
Correspondent's a-mail address:
File Number
~ ~~05
f REGISTE~F WILLS USE ONLY
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.BATE FILED ~- ~~
---- C _ 1
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Under penalties of perjury, I declare that I have examined this return, including accompanying schedules and statements, and to the best of my knowledge and belief,
it is true, correct and complete. Declaration of preparer other than the p~erso~nal representative is based on all information of which Jprepalre~rjhas any knowlJed/ge.
SIGNATURE OF PERSON RESPONSIBLE F~R~I G 1~RNG~~~.(f~A. / D/ ~-4~ ~ U ! 1
ADDRESS
SIGNATURE OF PREPARER OTHER THAN REPRESENTATIVE
ADDRESS
DATE
PLEASE USE ORIGINAL FORM ONLY
Side 1
L 1505611101 1505611101 J
J 1505611201
REV-1500 EX
Decedent's SocialS
ecuri ty Number
_...- Decedent's Name:
-_.~,~______. 2 0 ~ 2 /
~ g L' G~
.__._...,.__.._____ ...___.__~_~_.._..~_._._.____..__~.____ ___.._.___
ECAPITULATION _ t u
1. Real Estate (Schedule A) ........................................... .. 1. ~ 'O
2. Stocks and Bonds (Schedule B) ..................................... .. 2. ~ ~ ~ g Q /~.~.
3. Closely Held Corporation, Partnership or Sole-Proprietorship (Schedule C) ... .. 3. 0
4. Mortgages and Notes Receivable (Schedule D) ......................... .. 4.
5. Cash, Bank Deposits and Miscellaneous Personal Property (Schedule E)..... .. 5.
6. Jointly Owned Property (Schedule F) O Separate Billing Requested ..... .. 6. 0
7. Inter-Vivos Transfers 8 Miscellaneous Non-Probate Property
(Schedule G) O Separate Billing Requested....... . 7. ~ ~
8. Total Gross Assets (total Lines 1 through 7) ...................... ..... . 8. ~ ~ 6 B -o ~ ~
9. Funeral Expenses and Administrative Costs (Schedule H) .................. . 9. ~ ~ Q ~ d
10. Debts of Decedent, Mortgage Liabilities and Liens (Schedule I) .............. . 10. ~ ,
11. Total Deductions (total Lines 9 and 10) ................................ . 11. 2 3 1 ~ ~ •
12. Net Value of Estate (Line 8 minus Line 11) ............................. . 12. ( 3 2 $
~ 5
13. Charitable and Governmental Bequests/Sec 9113 Trusts for which ,
an election to tax has not been made (Schedule J) ....................... . 13. O ~
14. Net Value Subject to Tax (Line 12 minus Line 13) ....................... . 14. ' 3 `2 ~ _I 5 .
TAX CALCULATION -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 .OQ ~ 3 2 O 9~ s
15.
16. Amount of Line 14 taxable
at lineal rate X .0 _ . 16.
17. Amount of Line 14 taxable
at sibling rate X .12 . 17.
18. Amount of Line 14 taxable
at collateral rate X .15 ~ 18
19. TAX DUE ........................................................ . 19. ~ .
20. FILL IN THE OVAL IF YOU ARE REQUESTING A REFUND OF AN OVERPAYMENT
O
I
Side 2
L, 1505611201 1505611201 J
REV-1500 EX Page 3
Decedent's Complete Address:
- --- -~~~~. lr~~t__Ct- _8_e_~/ard
STREET ADDRESS - --
- -- -- 1.9c? 3 -~n~__ fw• ---
..CITY --~ -_ - -- - ___
Tax Payments and Credits:
1. Tax Due (Page 2, Line 19)
2. Credits/Payments
A. Prior Payments _
B. Discount
3. Interest
4. If Line 2 is greater than Line 1 + Line 3, enter the difference. This is the OVERPAYMENT.
Fill in oval 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.
--- ziP J 70~~
(3)
(4)
(5)
PLEASE ANSWER THE FOLLOWING QUESTIONS BY PLACING AN "X" IN THE APPROPRIATE BLOCKS
1. Did decedent make a transfer and: Yes No
a. retain the use or income of the property transferred .................................................................................... ...... ^
b. retain the right to designate who shall use the property transferred or its income ...................................... ...... ^
c. retain a reversionary interest ........................................................................................................................ ...... ^ ~~
d. receive the promise for life of either payments, benefits or care? ................................................................ ...... ^ (~-
2. If death occurred after Dec. 12, 1982, did decedent transfer property within one year of death
without receiving adequate consideration? ........................................................................................................ ...... ^
3. Did decedent own an "in trust for" or payable-upon-death bank account or security at his or her death? ........ ...... ^ [~/~
4. Did decedent own an individual retirement account, annuity or other non-probate property, which
contains a beneficiary designation? .................................................................................................................. ,-, /
...... Lam'
^
IF THE ANSWER TO ANY OF THE ABOVE QUESTIONS IS YES, YOU MUST COMPLETE SCHEDULE G AND FILE IT AS PART OF THE RETURN.
_ _,
- ~ - ,,k
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 Jan. 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 as noted in [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)]. Asibling is defined,
under Section 9102, as an individual who has at least one parent in common with the decedent, whether by blood or adoption.
File Number
STATE ~~
(1)
Total Credits (A + B) (2)
REV-1503 EX+ (6-98)
SCHEDULE B
COMMONWEALTH OF PENNSYLVANIA STOCKS & BONDS
INHERITANCE TAX RETURN
RESIDENT DECEDENT
ESTATE OF FILE NUMBER
All p erty jointly-owned with right of survivorship must be disclosed on Schedule F.
ITEM
JMBER
1.
~_
3~
~•
5-
6-
7
~.
/~QyW~9 d ~~ Cavn~y ~~. G'orr~m, lax svOc7D
5~ /~a~res 8'/0J~32 a cc;rat~inl
l~/ll ~~~~ -,Dade ~n ~y ~~ SpL D~i9.SGr~ ~jb~ ~~, ~ o c
~ evv~a~ /1~a~~'eS ~a/°~13L1
Nlasr` . s~" lea/~,' ~° COL Fi`1 CS
S ~I ~ /~d~YC~~ 08~I5~35
~lefo yt/!~l ~ ~, ~r~r ,1d~ ~~//`s T II
0 co~~~~ /YldfiYeS /%~ f 35
~~a>~ ~" - Da~~ G~~fy ~"~ S~/ 0~ hy'
vCrs r c~Z cn~ G?/d ~v~ ~n /~c~ T x
S b~ 11~~7"~Y~s 1 ~/~j /~9
~~~~Y ~ U~~1 !~. C. ~r ~s ,rev! 39 70 ~j
O covJ~'an ~. V%/ ~ ~~
~/A/dyes
zs o v o
~cCvv~~ln~
~~1pJD
Cad ~ t7~ o
~° p~ o ~ ~
u~yz7@c~ !nT
3 jD00
ov~n ~>< ~~or~ /~r,
~', 1-~orr~., crfy ~
p e o v~ovr~ ~,/~~ y~ c
~S,ov ~
TOTAL (Also enter on line 2, Recapitulation) I $
VALUE AT DATE
OF DEATH
37~ O5 ~
~~~
3 ~a,~
~~',79Z,
~ ,yD
72~Z
~32~3
!~ ZJ %Sc~
~ 67~
I
2~,~d~
7J~7
IS 6~ ~Sa~'
(If more space is needed, insert additional sheets of the same size)
REV-1510 EX+ (08-09)
~ Pennsylvania
DEPARTMENT OF REVENUE
INHERITANCE TAX RETURN
RESIDENT DECEDENT
ESTATE OF
SCHEDULE G
INTER-VIVOS TRANSFERS AND
MISC. NON-PROBATE PROPERTY
. i ri LC I~VPIDCK
a,~
This schedule mu be completed and filed if the answer to any of questions 1 through 4 on page three of the REV-1500 is yes.
ITEM DESCRIPTION OF PROPERTY
INCLUDE THE NAME OF THE TRANSFEREE, THEIR RELATIONSHIP TO DECEDENT AND DATE OF DEATH % OF DECD'S EXCLUSION
NUMBER THE DATE OF TRANSFER. ATTACH A COPY OF THE DEED FOR REAL ESTATE. VALUE OF ASSET INTEREST (IF APPUCABLE)
~. ~-~~ ~3l 2'~' o I ~o Ia
~16eYf ~2~J4/~I S~od~~~ ~/2d~26/~Lo)j
~~t~ r,~~
J ~pc~avd ~ .,ruse 3~3t/2o r~ ~l s, 61.E Jod
/~lbEr~ ~ ! > a
~,~ 8
TAXABLE
VALUE
a
TOTAL (Also enter on Line 7, Recapitulation) $
If more space is needed, use additional sheets of paper of the same size.
REV-1511 EX+ (10-09)
Pennsylvania
DEPARTMENT OF REVENUE
INHERITANCE TAX RETURN
RESIDENT DECEDENT
SCHEDULE H
FUNERAL EXPENSES AND
ADMINISTRATIVE COSTS
ESTATE OF
ADMINISTRATIVE COSTS:
Personal Representative Commissions:
Name(s) of Personal Representative(s)
Street Address
Decedent's debts must be reported on Schedule I.
ITEM
NUMBER DESCRIPTION AMOUNT
A• FUNERAL EXPENSES: `I 01
nGY~I o~~
6,r~ T6 Nt~d GrnrZ ~ 1 I
e a~ b~r,~ l uad11~ S3 S ~
c~~ T y GrQ~j ~p~h, ~
Gravy ,5~~(~ 1 ~ a d
~~ 1/~~reSGL ~v/IGYat ~ dOGf~!
B.
1
2.
3.
4.
5.
6.
7.
City __ _
Year(s) Commission Paid:
FILE NUMBER
State ZIP
Attorney Fees:
3 s'~o
Family Exemption: (If decedent's address is not the same as claimant's, attach explanation.)
Claimant 6/ ~ A'Y ~ + _ _ __ ~ /
Street Address v3 f ~Y
City __,__ _ / ___ State ~_ ZIP ~ ~~ _
Relationship of Claimant to Decedent ~l~Q l/~f~c~
-~- -- ---
Probate Fees:
Accountant Fees:
Tax Return Preparer Fees:
_ TOTAL (Also enter on Line 9, Recapitulation) $ ~ ~~
If more space is needed, use additional sheets of paper of the same size.
OF
REGINA C. BEDARD
I, REGINA C. BEDARD, of New Cumberland, Cumberland County,
Pennsylvania, do make, publish and declare this to be my Last Will and
Testament, hereby revoking all prior Wills and Codicils by me at any time made.
ITEM I: I direct that all inheritance and estate
taxes becoming due by reason of my death, whether payable by my estate or by
any recipient of any property, shall be paid by the Executor out of the residue of
my estate, as an expense and cost of administration of my estate. The Executor
shall have no duty or obligation to obtain reimbursement for any such tax so paid,
even though on proceeds of insurance or other property not passing under this
Will.
ITEM II: I direct the Executor to pay the expenses
of my last illness and funeral expenses from the residue of my estate as an
expense and cost of administration of my estate.
ITEM III: If I die before my husband, ALBERT J.
BEDARD, JR., I give to him all of my household furniture and furnishings, books,
pictures, jewelry, silverware, automobiles, wearing apparel and all other articles of
household or personal use or adornment and all policies of insurance thereon. If
he does not survive me, I bequeath any and all items of such property which are
Page 1
~~
contained on a memorandum intended to be kept with this, my Will, to the
persons designated in said memorandum. In the event that no such memorandum
is contained with my Will or to the extent that I have remaining items of personal
property of the nature referred to in this paragraph which have not been
designated for distribution in said memorandum, I bequeath all such property to
my children living at my death, to be divided among them in as nearly equal
shares as they agree. In the event of irreconcilable disagreement among my
children, they shall take alternate turns selecting individual items with my oldest
child making the first selection. Any items not so selected shall be sold and the
proceeds shall pass as a part of my residuary estate.
ITEM IV: I give the residue of my estate, not
disposed of in the preceding portions of this Will, to the Trustees, IN TRUST, to
be administered and distributed in accordance with the terms of THE REGINA C.
BEDARD REVOCABLE TRUST dated , 1998, executed by me
as Settlor and as Trustee.
ITEM V: The Executor shall possess the following
powers, exercisable without court approval and in a fiduciary capacity only:
(a) To retain any investments I have at my death, including
specifically those consisting of stock of any bank even if I have named
that bank as the Executor.
(b) To vary investments and to invest in bonds, stocks,
notes, real estate mortgages or other securities or in other property,
real or personal, without being restricted to so-called "legal
Page 2 ,~c /~
investments", and without being limited by any statute or rule of law
regarding investments by fiduciaries.
(c) In order to divide the principal of my estate or make
distributions, the Executor is authorized to distribute personal
property and real property partly or wholly in kind, and to allocate
specific assets among beneficiaries so long as the total market value
of each share is not affected by the division, distribution or allocation
in kind. The Executor is authorized to make, join in and consummate
partitions of lands, voluntarily or involuntarily, including giving of
mutual deeds, or other obligations, with as wide powers as an
individual owner in fee simple.
(d) To sell either at public or private sale any or all real or
personal property severally or in conjunction with other persons, and
to consummate sale(s) by deed(s) or other instrument(s) to the
purchaser(s), conveying a fee simple title. No purchaser shall be
obligated to see to the application of the purchase money or to make
inquiry into the validity of any sale. The Executor is authorized to
make, execute, acknowledge and deliver deeds, assignments, options
or other writings as necessary or convenient to carry out the powers
conferred upon the Executor.
(e) To mortgage real estate, and to make leases of real
estate.
(f) To borrow money from any person, including the
Executor, to pay indebtedness of mine or of my estate, expenses of
Page 3
administration or inheritance, legacy, estate and other taxes, and to
assign and pledge assets of my estate.
(g) To pay all costs, taxes, expenses and charges in
connection with the administration of my estate.
(h) To make distributions of income and of principal to the
proper beneficiaries, during the administration of my estate, with or
without court order, in such manner and in such amounts as my
Executor deems prudent and appropriate.
(i) To vote shares of stock which form a part of my estate,
and to exercise all the powers incident to the ownership of stock.
(j) To unite with other owners of property similar to
property in my estate to carry out any plans for the reorganization of
any company whose securities form a part of my estate.
(k) To disclaim any interest in property which would devolve
to me or my estate by whatever means, including but not limited to
the following means: as beneficiary under a will, as an appointee
under the exercise of a power of appointment, as a person entitled to
take by intestacy, as a donee of an inter vivos transfer, and as a
donee under athird-party beneficiary contract.
(1) To prepare, execute and file tax returns of any type
required by applicable law, and to make all tax elections authorized
by law.
Page 4 ~
(m) To allocate expenses of administration between income
and principal, as the Executor deem appropriate;
(n) To employ custodians of property, investment or business
advisors, accountants and attorneys as the Executor deems
appropriate, and to compensate these persons from assets of my
estate, without affecting the compensation to which the Executor is
entitled.
(o) To do all other acts in the Executor's judgment deemed
necessary or desirable for the proper and advantageous management,
investment and distribution of the estate.
ITEM VI: If My Husband and I die under such
circumstances that it is impossible to determine which of us survived, it shall be
conclusively presumed and this Will shall be construed as if My Husband had
survived me. If any person, other than My Husband, and I die under such
circumstances that it is impossible to determine which of us survived, it shall be
conclusively presumed and this Will shall be construed as if such person had
predeceased me.
ITEM VII: If any of my children or grandchildren
shall contest the validity of my Will or attempt to vacate the same, he, she or they
shall be thereby deprived of any beneficial interest under this Will and. of any
share of my estate, and the share or shares of such person or persons shall be
divided and distributed to and among my remaining children or their issue per
stirpes and in accordance with the provisions for distribution of my estate
Page 5 ~~
contained in this Will and any Agreement(s) of Trust applicable at the time of my
death.
ITEM VIII: I hereby nominate, constitute and
appoint my husband, ALBERT J. BEDARD, JR., to be the Executor. In the event
my Executor is unable to serve or for any reason is unable to complete the
responsibilities of executor, I nominate and appoint my sons, JOSEPH ANTHONY
BEDARD and DAVID FRANCIS BEDARD, and my daughter, JUDITH ANN
BEDARD, to be the alternate Co-Executors. My executors are specifically relieved
from the obligation of filing bond or entering security.
IN WITNESS WHEREOF, I have set my hand and seal to this, my
Last Will and Testament, consisting of this and the preceding five (5) pages, at the
end of each page of which I have also set my initials for greater security and
better identification this ~ ~'ii ~ f' day of _ ',- ~ ~. C._ ~, ~ lggg.
~.~~ C, ~.:~~~ (SEAL)
REGI A C. BEDARD
Page 6
We, the undersigned, hereby certify that the foregoing Will was
signed, sealed, published and declared by the above-named Testatrix as and for
her Last Will and Testament, in the presence of us, who, at her request and in her
presence and in the presence of each other, have hereunto set our hands and seals
the day and year first above written, and we certify that at the time of the
execution thereof, the said Testatrix was of sound and disposing mind and
memory.
-~ ;
Residing at ~:` ~~~~~~ ~1' ~ "~
Page 7
COMMONWEALTH OF PENNSYLVANIA
SS.
COUNTY OF ~- ~ ~ r. ~;r:-'C`~.r., ~
We, REGINA C. BEDARD, the testatrix, and ~ ,~.. ; ~ ; ;,~ +
/ ,
r /)
~,,~ 1- ~ ~' ~~.:; ( r~~~~ ~"_ ,, ~ ~~1' ~ and J/~t.~~ll ~'f~~ ~.~' r ~~~tC~~/
,the witnesses,
whose names are signed to the attached or foregoing instrument, being first duly
sworn, do hereby declare to the undersigned authority that the testatrix signed
and executed the instrument as her last Will; that the testatrix signed willingly
and executed it as her free and voluntary act for the purposes therein expressed;
that each subscribing witness in the hearing and sight of the testatrix signed the
Will as a witness and that to the best of his or her knowledge the testatrix was at
that time eighteen (18) years of age or older, of sound mind and under no
constraint or undue influence.
RE NA C. BEDARD
C ` i ._--------
ess
rr j
Witness
f <: -u„
Witness ,,;
Subscribed, sworn to and acknowledged before me by REGINA C.
BEDARD, the ytestatrix, and subscribed and sworn to before me by
- . .:..
„t'_ ; ~ _~~ ~ of , t cw ..:. - ,~ /r ' ~' r ~, t ~ f.~1 ~z.,,~ and
.~.~r+;,: ~' r-. ,~'~°;,~":.F,,~fi~-~;:.,witnesses, this 4°~<,:~` day of _f:...r ~ , 1997.
,~_~ ~ +
Notary Public
(SEAL)
Notarial Seal
139074_1 Janet M. Howell, Notary Public
Susquehanna Twp., Dauphin County
E My Commission Expires Nov. 29, 2001
l_~
Member, Pennsylvania Association of Notaries
REVOCABLE TRUST AGREEMENT
THE REGINA C. BEDARD REVOCABLE TRUST
THIS AGREEMENT is made and entered into this a day of ' ,
1998, by and between REGINA C. BEDARD of New Cumberland, Cumberland County,
Pennsylvania, as Settlor (the "Settlor"), and REGINA C. BEDARD as Trustee (the "Trustee").
WITNESSETH:
WHEREAS, the Settlor may be desirous in the future of placing the active
management and control of certain property in the hands of the Trustee.
NOW, THEREFORE, for and in consideration of their mutual covenants and
promises, the Settlor and Trustee agree as follows:
ARTICLE ONE
TRUST ASSETS
§ 1.1 The Settlor, or any other party or person, may from time to time make policies of
insurance on the Settlor's life, individual retirement account benefits, and/or qualified or non-qualified
retirement plan benefits payable to the Trustee, or may transfer assets to the Trustee, subject to the
terms of this Agreement, by inter vivos grant or by Will. The trust assets shall include the proceeds of
all insurance policies payable to the Trustee and all such other benefits or added assets (collectively the
"Trust Assets"), which shall be held, administered, distributed and governed by the Trustee, IN TRUST
NEVERTHELESS, in accordance with the provisions of this instrument and any amendments hereto.
ARTICLE TWO
DURING THE SETTLOR'S LIFETIME
§2.1 During the Settlor's lifetime, the Trustee shall have, hold, manage, invest and
reinvest the Trust Assets, collect the income, and
§2.1.1 The Trustee shall pay or apply the entire net income as
the Settlor may from time to time direct in writing. The Trustee shall
also pay to the Settlor such sums from or portions of the principal of
the trust as the Settlor may from time to time request in writing
delivered to the Trustee during the Settlor's lifetime.
§2.1.Z The Trustee shall pay and use such portion or all of the
income and principal of the Trust Assets as the Trustee, in the Trustee's
sole discretion, shall deem necessary from time to time to provide for
the proper maintenance, support, medical, hospital, nursing or nursing
home care of the Settlor and of the Settlor's husband, ALBERT J.
BEDARD, JR. ("Settlor's Husband").
ARTICLE THREE
UPON THE SETTLOR'S DEATH
§3.1 Upon the death of the Settlor, the Trustee shall divide and distribute the balance
of the Trust Assets as follows:
§3.1.1 If the Settlor's Husband survives the Settlor, the Trustee
shall retain in trust an amount equal to the value of the balance of the
Trust Assets (determined on the basis of the values finally determined
for federal estate tax purposes), reduced by an amount, if any, needed
to increase the Settlor's taxable estate so that the federal estate tax as
finally determined (excluding any supplemental federal estate tax
-2-
imposed by Section 4980A(d) of the Internal Revenue Code), will
equal the Settlor's applicable credit and the state death tax credit (to the
extent that the use of said credit does not result in an increase in the
state death taxes otherwise payable) available against such tax,
assuming that an election were made to qualify all qualified terminable
interest property including any property passing under individual
retirement or qualified benefits accounts either directly or in trust, other
than the trust provided for under Article Five of this Agreement, for the
federal estate tax marital deduction whether or not such election is
actually made. This trust may be composed of cash, or partly of cash
and partly of property in kind, shall be funded only with property
which qualifies for the federal estate tax marital deduction in the
Settlor's estate, valued at the date of distribution, and which, to the
extent other property is available, shall not include property for which.
a foreign death tax credit is available. The Executor of the Settlor's
estate shall have the right to make the election provided by Section
2056(b)(7)(B)(v) of the Code, on the federal estate tax return prepared
on behalf of the Settlor's estate to have a portion or all of the property
distributed pursuant to this §3.1.1 treated as qualified terminable
interest property in order to qualify such portion or all of the property
for the marital deduction for federal estate tax purposes, which election
shall be binding and conclusive upon the Trustee. If the Settlor's
Executor elects to have a portion or all of such assets so qualify, such
elected assets may, at the discretion of the Trustee and so long as the
election to qualify such assets for the federal estate tax marital
deduction is not jeopardized, be held and administered by the Trustee
as a separate trust estate with the balance, if any, of the assets which
are governed by this §3.1.1 also held and administered as a separate
trust estate 9r may be held and maintained by the Trustee with the
non-elected assets as one trust estate. In either case, any such trust or
trusts shall be held, administered and disposed of in accordance with
the provisions of Article Four hereof (the "Marital Trust").
§3.1.2 The Trustee shall retain in trust such of the Trust Assets
as shall not have been retained pursuant to the preceding §3.1.1, to be
held, administered and disposed of in accordance with the provisions of
Article Five hereof (the "Applicable Credit Trust").
-3-
ARTICLE FOUR
MARITAL TRUST
§4.l If the Settlor's Husband survives her, Trustee shall hold the Marital Trust in a
separate trust during the life of Settlor's Husband upon the following terms and conditions:
§4.1.1 Trustee shall pay to, or apply for the benefit of, Settlor's
Husband the greater of (i) all the net income of this Marital Trust in
quarterly or other convenient installments, but at least annually, or (ii)
the minimum annual mandatory distributions required by Proposed
Treasury Regulations §1.401(a)(9)-1 and as may be required by final
Regulations. The determination of the net income of the Marital Trust
shall be governed by applicable state law; in no event shall any expense
chargeable to the principal of this Marital Trust be paid from the
income of the Trust.
§4.1.2 At any time and from time to time, Trustee shall pay to,
or apply for the benefit of, Settlor's .Husband so much or all of the
principal as Trustee in its discretion, determine the amount necessary
or appropriate for Settlor's Husband's health, maintenance and support.
In addition, Settlor's Husband shall have the absolute power to
withdraw from the principal such amount in any one calendar year,
which amount shall be up to the greater of Five Thousand Dollars
($5,000) or five percent (5%) of the aggregate value of the principal of
the Trust at the time of such withdrawal as he personally may, in
writing to the Trustee, demand at any time and from time to time; this
right of withdrawal shall not be cumulative and is subject to the
provisions of subparagraph 4.1.5 of this Article Four.
§4.1.3 In no event and at no time during the life of Settlor's
Husband shall Trustee pay to or apply for the benefit of any person
(other than Settlor's Husband) any portion of the principal of this Trust.
§4.1.4 Notwithstanding anything contrary contained in this
Marital Trust, Settlor directs that (a) in establishing the Marital Trust
for her Husband under this Article Four, there shall not be allocated
thereto any property or the proceeds of any property which does not
qualify for the marital deduction allowable in determining the Federal
estate tax on Settlor's estate, and (b) Trustee shall, upon the written
request of Settlor's Husband, promptly dispose of any property which
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may, at any time, be unproductive or underproductive of a reasonable
income, and invest the proceeds of such disposition in properly which
is productive of a reasonable income.
§4.1.5 If Settlor has any unused Generation Skipping Transfer
Tax ("GST") exemption at her death, two (2) separate Marital Trusts
shall be established, as follows: Marital Trust 1 shall consist of that
fractional interest of the balance of this Trust at Settlor's death as has (i)
a numerator equal to that amount of Settlor's unused GST exemption
existing at her death and (ii) a denominator equal to the value of the
balance of this Trust at his death; Marital Trust 2 shall consist of the
balance of this Trust. Each such separate Trust shall be held,
administered and distributed in accordance with the same terms and
provisions that would have applied if only one Marital Trust had been
required to have been established; provided, however, that all principal.
distributions to Settlor's Husband (including, but not limited to, the
excess of the mandatory annual minimum distributions under Section.
401(a)(9) of the Code over the combined income of Marital Trust 1 and.
Marital Trust 2 for any taxable year) shall be paid solely from Marital
Trust 2 until Marital Trust 2 is exhausted. The Executors of Settlor's
estate shall direct the Trustees, in writing, regarding the amount of~
Settlor's unused GST exemption at his death for the purpose of
establishing the proper fractional share of each Marital Trust under this
subparagraph 4.1.5.
§4.2 Upon the death of Settlor's Husband,
§4.2.1 Trustee shall pay to the estate of Settlor's Husband an
amount, as directed by the Trustees, equal to the sum of (a) any
accrued but undistributed income as of the date of her death, and (b)
such sum or sums from the principal of this Trust (as may be directed
by subparagraph §4.1.5 of this Article Four as the executor of Settlor's
Husband's estate may request, in writing, for any death taxes payable
by reason of his death with respect to property held under this Trust,
other than such taxes as would, under the provisions of Settlor's Last
Will, be payable from any source other than this IRA Trust. "Death
taxes", as used in this subparagraph, shall include interest and penalties
thereon.
§4.2.2 The Trustee shall notify the Trustee of the amount, if
any, payable by Trustee under subparagraph §4.2.1 of this Article Four.
For this purpose, the Trustee shall rely upon the directions received
from the executors of Settlor's Husband's estate.
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§4.2.3 Upon the death of the survivor of the Settlor and the
Settlor's Husband, the Trustee shall distribute the balance of the Trust
property to the Settlor's then living issue, per stirpes, with any share
allocable to a beneficiary being held in continued trust for the benefit of
such beneficiary in accordance with the provisions of Article Six hereof
(the "Issue's Trust"); provided, however, that if the Settlor's son
EDWARD P. BEDARD, is living at the time this gift should vest, the
share of EDWARD P. BEDARD shall be held in trust by the Trustee
in accordance with the directions of §6.2 of this Agreement.
ARTICLE FIVE
APPLICABLE CREDIT TRUST
§5.1 The Trustee shall have, hold, manage, invest and reinvest the assets of the
Applicable Credit Trust, collect the income and
§5.1.1 During the life of the Settlor's Husband, if he shall
survive her, the Trustee shall distribute the net income in quarter-
annual installments, or more frequently if the Trustee deems it.
advisable, to or for the benefit of the Settlor's Husband.
§5.1.2 The Trustee may also distribute to or for the benefit of
the Settlor's Husband so much of the principal of the trust properly as
the Trustee, in the nonspouse Co-Trustee's sole discretion, shall from
time to time deem necessary or proper for the health, maintenance and
support of the Settlor's Husband, taking into account other available
funds, including his individual assets.
§5.2 Upon the death of the survivor of the Settlor and the Settlor's Husband, the
Trustee shall distribute the balance of the Trust property to the Settlor's then living issue, per stirpes,
with any share allocable to a beneficiary being held in continued trust for the benefit of such
beneficiary in accordance with the provisions of Article Six hereof (the "Issue's Trust"); provided,
however, that if the Settlor's son, EDWARD P. BEDARD, is living at the time this gift should vest,
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the share of EDWARD P. BEDARD shall be held in trust by the Trustee in accordance with the
directions of §6.2 of this Agreement.
ARTICLE SIX
ISSUE'S TRUST
§6.1 The Trustee shall have, hold, manage, invest and reinvest the assets of the Issue's
Trust, collect the income and
§6.1.1 Upon the establishment of the Issue's Trust, <~
Beneficiary who is twenty-one (21 }years old or older may withdraw
such sums as do not exceed one-third (1/3) of the market value of the
Beneficiary's Trust as constituted on its establishment.
§6.1.2 While the beneficiary of the Issue's Trust (the
"Beneficiary") is under twenty-one (21) years of age, the Trustee shall
apply to or for the benefit of the Beneficiary so much of the net income
and, if the net income is insufficient, so much of the principal of the
Issue's Trust as the Trustee shall from time to time deem necessary or
proper for the Beneficiary's health, maintenance, support and complete
education, including preparatory, college and graduate education, and
professional; vocational or technical training, taking into account other
available funds, including the Beneficiary's assets. The Trustee shall
annually accumulate any net income not so distributed and add the
same to the principal of the trust property.
§6.1.3 After the Beneficiary attains twenty-one (21) years of
age, the Trustee shall distribute to or for the benefit of the Beneficiary
the net income of the Issue's Trust in quarter-annual installments, or
more frequently if the Trustee deems it advisable, and so much of the
principal as the Trustee shall from time to time deem necessary or
proper for the Beneficiary's health, maintenance, support and complete
education, including college and graduate education, and professional,
vocational or technical training, and to assist the Beneficiary with
reasonable wedding expenses, in the purchase of a principal residence
or in the establishment of a profession or business considered a good
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risk by the Trustee, taking into account other available funds, including
the Beneficiary's assets.
§6.1.4 At any time after attaining the age of twenty=one (21)
years, a Beneficiary who had not attained the age of twenty-one (21)
years on the establishment of the Issue's Trust may withdraw such
sums as do not exceed one-third (1/3) of the market value of the
principal of the Issue's Trust as constituted on the Beneficiary's twenty-
first (21st) birthday.
§6.1.5 At any time after the third (3rd) anniversary of the
establishment of the Issue's Trust, any Beneficiary who is twenty-four
(24} years old or older may withdraw such sums as do not exceed one-
half (1/2) of the market value of the principal of the Issue's Trust as
constituted on such third (3rd) anniversary. At any time after attaining
the age of twenty-four (24) years, a Beneficiary who had not attained
the age of twenty-four (24) years on the third (3rd) anniversary of the
establishment of the Issue's Trust may withdraw such sums as do not
exceed one-half (1/2) of the market value of the principal of the Issue's
Trust as constituted on the Beneficiary's twenty-fourth (24th) birthday.
§6.1.6 At any time after the sixth (6th) anniversary of the
establishment of the Issue's Trust, any Beneficiary who is twenty-seven
(27) years old or older may withdraw any or all of the then remaining
balance of his or her trust. At any time after attaining the age of
twenty-seven (27) years, a Beneficiary who had not attained the age of
twenty-seven (27) years on the sixth (6th) anniversary of the
establishment of the Issue's Trust may withdraw any or all of the
principal of the Issue's Trust.
§6.1.7 If the Beneficiary dies before complete termination of
the Issue's Trust, the Trustee shall distribute the property then held in
trust as follows:
§6.1.7.1 If the Beneficiary's trust is a
Non-GST Exempt Trust as defined in §9.2.15 herein,
the Trustee shall distribute the property then held in
trust for the Beneficiary to such persons or entities
(including the Beneficiary's estate), in such amounts
and upon such terms, trusts and conditions as the
Beneficiary by his or her last Will may appoint by
specific reference to this general power of
appointment. Any property not so appointed shall be
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divided into shares for the Beneficiary's issue then
living, per stirpes, or if none, for the then living issue of
the marriage of the Settlor and the Settlor's Husband,
per stirpes; with any share allocable to a Beneficiary
under thirty (30) years of age being held in continued
trust in accordance with the provisions of this Article
Six.
§6.1.7.2 If the Beneficiary's trust is a
GST Exempt Trust as defined in §9.2.15 herein, the
Trustee shall distribute the property then held in trust
for the Beneficiary to such of the issue of the marriage
of the Settlor and the Settlor's Husband other than the
Beneficiary in such amounts and upon such trusts,
terms and conditions as the Beneficiary by his or her
last Will may appoint by specific reference to this
special power of appointment. Before exercising such
special power of appointment, the Settlor requests that
the Beneficiary seek counsel regarding the generation
skipping transfer tax effects of such exercise. Any
property not so appointed shall be divided into shares
for the Beneficiary's issue then living, per stirpes, or if
none, for the then living issue of the marriage of the
Settlor and the Settlor's Husband, per stirpes; with any
share allocable to a Beneficiary under thirty (30) years
of age being held in continued trust in accordance with
the provisions of this Article Six.
SPECIAL NEEDS TRUST
§6.2 If Settlor's son, EDWARD P. BEDARD, is living at the time of the death of
the last to die of the Settlor and her said Husband, the Trustee shall have, hold, manage, invest and
reinvest the share of Settlor's son, EDWARD P. BEDARD, collect the income and
§6.2.1 Pay to or apply for the benefit of EDWARD P.
BEDARD, for the period this Trust is in existence, such amounts from
the principal or income, up to the whole thereof, as the Trustee in its
sole discretion may from time to time deem necessary or advisable for
the satisfaction of the beneficiary's special needs, and any income not
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distributed shall be added to principal. As used in this instrument,
"special needs" refers to the requisites for maintaining the beneficiary's
good health, safety, and welfare when, in the discretion of the Trustee,
such requisites are not being provided by any public agency, office, or
department, or by the federal government, or any other public or
private agency. "Special needs" shall include, but not be limited to,
dental expenses; special equipment; programs of training, education,
and treatment; and recreation and entertainment.
§6.2.2 Because EDWARD P. BEDARD is partially disabled
and unable to completely maintain and support himself independently,
the Trustee shall, in the exercise of its best judgment and fiduciary
duty, seek support and maintenance for the beneficiary from all
available public resources, including Supplemental Security Income
(SSI), Medicaid, Federal Social Security Disability Insurance (SSDI),
and any other appropriate state or local agency serving the disabled. In
making distributions to the beneficiary for his special needs, as herein
defined, the Trustee shall take into consideration the applicable
resource and income limitations of the public assistance programs for
which the beneficiary is eligible; provided however, that the Trustee
may use its sole discretion in making distributions from the Trust
Estate notwithstanding the fact that there are available public resources,
under circumstances where it believes such distributions are necessary
to maintain the beneficiary's good health, safety and welfare.
§6.2.3 If the said beneficiary shall die at any time during the
continuance of this said trust, leaving issue then surviving, the
principal and accumulated income,. if any, of this trust for this said
beneficiary shall be paid over to his said issue per stirpes; provided,
however, that if any of said issue be under the age of 21 years the
Trustee shall apply the income and principal of their respective shares,
in the Trustee's sole discretion, for the benefit, support, maintenance
and education of such issue, without the intervention of a guardian.
§6.2.4 If said beneficiary shall die at any time during the
continuance of this Trust, leaving no issue then surviving, the principal
and accumulated income, if any, of this said trust for this said
beneficiary shall be paid over to the Settlor's then living issue, per
stirpes, with any share allocable to a beneficiary then under the age of
thirty (30) years being held in continued trust for the benefit of such
beneficiary in accordance with the provisions of Article Six hereof (the
"Issue's Trust"}.
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§6.2.5 No principal or income payable or to become payable
under this trust shall be subject to anticipation or assignment by the
beneficiary thereof or to attachment by or to the interference or control
of any creditor or the beneficiary, or be taken or reached by any legal
or equitable process in satisfaction of any debt or liability of the
beneficiary prior to its actual receipt by the beneficiary. Provided
further, moreover, that in the event it is determined by a court that the
existence of the trust renders Settlor's son, EDWARD P. BEDARD,
ineligible to receive Supplemental Social Security Income Benefits,
Medicaid, or similar governmental benefits, or if the Trustee, in its sole
discretion, determines that notwithstanding this spendthrift trust
provision, this trust may be subject to garnishment, attachment,
execution or bankruptcy proceedings by a creditor of EDWARD P.
BEDARD, the Trustee shall terminate the trust and distribute the
remaining principal and accrued income in accordance with the
provisions for distribution upon the death of EDWARD P. BEDARD,
contained in the §6.2.4 of this Agreement.
§6.2.6 It is Settlor's express desire and intention to design the
trust created for his said son, EDWARD P. BEDARD, to be primarily
for his benefit, to assure that he will have a friend, advocate or
protector of his legal rights, to ensure that he will receive the services
that will assist him in developing his maximum potential and in
achieving a reasonable degree of normalcy and happiness, to
supplement his earnings and governmental benefits, if any, and not to
pay for his lodging, food, medical, dental and hospital expenses when
he could otherwise claim these from another source. In this regard, the
Trustee shall perform certain special functions, which may be
compensable to the Trustee, to assure satisfactory completion of my
designs and intentions in this Agreement. Specifically, the Trustee
shall take the following action:
§6.2.6.1 To assist Settlor's said son in
obtaining and retaining Social Security Administration
Benefits, Veterans' Administration Benefits, Medicaid
(Medical Assistance), and supplemental Social
Security Income Benefits and to collect, expend, and
account separately for all such governmental assistance
benefits. Trustee shall not co-mingle any such benefits
with the trust fund; nor shall Trustee co-mingle any of
the beneficiary's own assets and income with said trust
fund.
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§6.2.6.2 To personally visit the
beneficiary at his residence at least semi-annually to
inspect his living conditions, to inquire of the staff and
especially of the beneficiary regarding his treatment by
the care provider (if any); to let the beneficiary know
that he has a friend or advocate, to see that he has
spending money for things he wants; to know that he is
receiving education, work training, and social and
recreational programs.
§6.2.7 EDWARD P. BEDARD shall be deemed to have
predeceased the Settlor and his Wife upon the occurrence of any of the
following events:
§6.2.7.1 A ruling that the provisions of
this Trust are void as against public policy;
§6.2.7.2 A ruling that the net income or
principal of this Trust is subject to the claims of an
agency or governmental entity for services rendered to
EDWARD P. BEDARD; or
§6.2.7.3 A ruling that the income or
principal or this Trust is a resource of EDWARD P.
BEDARD for the purpose of determining his
eligibility or entitlement to benefits from any agency or
governmental entity.
ARTICLE SEVEN
CONTINGENT DISTRIBUTION
§7.1 If at any time for distribution hereunder, none of the Settlor's issue is then
living, the Trustee shall distribute such assets subject to distribution to the person or persons who
would be entitled thereto if the Settlor and the Settlor's Husband had then each died intestate and
unmarried, each seized and possessed of/z of such property, and domiciled in the Commonwealth of
Pennsylvania.
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ARTICLE EIGHT
APPOINTMENT OF FIDUCIARIES
§8.1 Upon the death, resignation or incapacity of the Settlor to act as Trustee
hereunder as certified in writing by the Settlor's then personal attending physician, the Settlor
appoints the Settlor's Husband, ALBERT J. BEDARD, JR., and Settlor's sons, JOSEPH A.
BEDARD and DAVID F. BEDARD, as successor Co-Trustees. If Settlor's Husband shall fail or
cease to act for any reason, the remaining Co-Trustees may serve as the Trustee. If either of Settlor's
said sons shall fail or cease to act for any reason, Settlor appoints her daughter, JUDITH A.
BEDARD, to serve as Co-Trustee. If all of the children Co-Trustees shall fail or cease to act for any
reason, the then income beneficiaries (or their natural or legal guardians) of all trusts herein created
shall appoint a successor Corporate Trustee.
§8.2 The then income beneficiaries (or their natural or legal guardians) of all trusts
herein created may remove at any time any Trustee, other than the Settlor's Husband, with or without
cause, by unanimous decision, without court approval, provided that such beneficiaries by
unanimous decision immediately appoint a successor corporate or individual Trustee qualified to
serve.
§8.3 The Co-Trustees shall act by majority vote. Except for specific references
herein to the "Individual" or "Corporate" Trustees, all references herein to the "Trustee" shall mean
the originally appointed Trustee, the Individual and/or Corporate Co-Trustee, as the case may be.
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ARTICLE NINE
POWERS OF FIDUCIARIES
§9.1 No fiduciary under this Agreement shall be required to give bond or other
security for the faithful performance of the fiduciary's duties.
§9.2 Any such fiduciary shall have the following powers, in addition to those given
by law:
§9.2.1 To invest in, accept and retain any real or personal
property, including stock of a corporate fiduciary or its holding
company, without restriction to legal investments; provided, however,
if any property that forms a part of the principal of the trust(s)
established by Article Four of this Agreement is unproductive, the
Settlor's Husband may at any time and from time to time by a written
notice require the Trustee of said trust(s) holding such unproductive
property either to make any or all of such property productive or to
convert such property within a reasonable time after the Trustee
receives such notice;
§9.2.2 To sell, exchange, partition or lease for any period of
time any real or personal property and to give options therefor for cash
or credit, with or without security;
§9.2.3 To borrow money from any person including any
fiduciary acting hereunder, and to mortgage or pledge any real or
personal property;
§9.2.4 To hold shares of stock or other securities in nominee
registration form, including that of a clearing corporation or
depository, or in book entry form or unregistered or in such other form
as will pass by delivery;
§9.2.5 To make distributions in cash, or in kind at current
values, or partly in each, allocating specific assets to particular
distributees on a non-pro rata basis, and for such purposes to make
reasonable determinations of current values;
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§9.2.6 To terminate, following the death of the Settlor's
Husband any trust created herein, the principal of which is or becomes
too small in the Trustee's discretion to make the establishment or
continuance of the trust advisable, and to make immediate distribution
of the then remaining trust property to the beneficiary then entitled to
the iricome of the trust property or, if there is more than one
beneficiary, to the beneficiaries then entitled to the income of the trust
property, in proportion to their respective interests therein or, if such
interests are not defined, in equal shares to such beneficiaries. The
receipts and releases of the distributees will terminate absolutely the
right of all persons who might otherwise have a future interest in the
trust, whether vested or contingent, without notice to them and without
the necessity of filing an account in any court;
§9.2.7 If the Settlor's Executor does not make an election
pursuant to Section 2056(b)(7)(B)(v) of the Code with respect to all of
the assets held in trust under Article Four hereof, the trust estate
thereunder may be divided into separate trusts pursuant to the terms of
the election and such division shall be based upon the fair market value
of the assets comprising the trust at the time of the division;
§9.2.8 To allocate between the trusts established by Articles
Four and Five of this Agreement any property that is not includible in
the Settlor's estate for administration purposes, but which is paid
directly to the Trustee and is not otherwise designated for a specific
trust, in such shares as the Trustee deems appropriate; provided,
however, any portion of such property that does not form a part of the
Settlor's gross estate for federal estate tax purposes shall be allocated to
the trust established by Article Five of this Agreement and shall not be
used for the payment of death taxes, debts or administration expenses;
§9.2.9 To execute any agreement relating to the disposition or
redemption of any business interest that may be a part of the trust
estate, whether the same involves a proprietary interest, a partnership
interest or stock in a closely held corporation;
§9.2.10 To operate or arrange for the operation of any business
interest held hereunder, and to join or become a party to, or to oppose,
any reorganization, readjustment, foreclosure, merger, voting trust,
dissolution, consolidation or exchange relating to any such business
interest;
- IS -
§9.2.11 To engage in litigation and compromise, arbitrate or
abandon claims;
§9.2.12 To determine the apportionment of receipts and
expenses, including extraordinary cash dividends, stock dividends,
capital-gain dividends of regulated investment companies and proceeds
and expenses of the sale of unproductive real estate, between income
and principal, such apportionment to be made so as to balance fairly
the interests of any income beneficiary and the remaindermen;
§9.2.13 To make elections, decisions, concessions and
settlements in connection with all income, estate, inheritance, gift or
other tax returns and the payment of such taxes, without obligation to
adjust the distributive share of income or principal of any person
thereby affected;
§9.2.14 To merge, after the death of the Settlor, any trust
created hereunder with any other trust or trusts created by the Settlor or
the Settlor's Husband, under will or deed, if the terms of any such trust
are then substantially similar and are held for the primary benefit of the
same persons, and if such merger shall not cause any adverse estate,
income or generation skipping transfer tax consequences; and
§9.2.15 The Settlor's Executor is authorized to allocate any of
the Settlor's exemption from federal generation skipping transfer tax
under §2631 of the Code to any property as to which the Settlor is the
deemed transferor under §2652(a) of the Code, regardless of whether
or not the property with respect to which an election or allocation is
made is part of the Settlor's probate estate. Any such election or
allocation shall be binding upon the Trustee and any beneficiary of any
trust created hereunder. The Trustee is authorized to divide any trust
created hereunder into two or more separate trusts if such separation, in
the discretion of the Trustee, is advantageous to such trust and the
beneficiaries of such trust for the purposes of application of the federal
generation skipping transfer tax; provided, however, that such
separated trusts shall be held, administered and disposed of in
accordance with the terms hereunder as identical trusts in all other
respects.
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ARTICLE TEN
BUSINESS INTERESTS
§ 10.1. In the event any business interest should be a Trust Asset, whether the same
involves a proprietary interest, a partnership interest or stock in a closely-held corporation, either
wholly owned, controlled by the Trustee or owned in substantial part by the Trustee, the Trustee is
authorized, subject to the terms of any agreement which the Settlor or the Trustee may have made for
the sale of such interest, to continue said business until such time as the Trustee shall deem it advisable
to sell, liquidate or distribute the same in kind. With respect to any sale or exchange of the stock of any
such business interest and in the absence of any such agreement entered into by the Settlor or the
Trustee, the Trustee is directed to consider and determine the appropriateness of a sale or redemption
of such stock in accordance with Section 303 of the Internal Revenue Code to the business entity and
a possible deferral of federal estate tax payments under Section 6166 of the Internal Revenue Code. It
is the Settlor's desire that, to the extent possible, any such business interest be continued or disposed of
only in an orderly manner so as to maximize the proceeds of any disposition. If an election under the
foregoing provisions will effect such desire, the Trustee is encouraged to pursue such election if it
deems such election also to be in the best interests of the trust(s) created hereunder and the
beneficiaries thereof. The Trustee shall have all rights and powers in connection with such business as
an owner thereof, including specifically the power at any time and ftom time to time to operate or to
join in the operation of the same as a going concern, to form or to reform a general or limited
partnership, to incorporate or to reincorporate and to liquidate or to sell the same or any part thereof as
the Trustee deems advisable for the best interests of the trust(s) created hereunder and the beneficiaries
thereof without the necessity of any order of court and without any liability for loss resulting from the
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operation of said business, except when such loss is the result of gross negligence or fraud on the part
of the Trustee.
ARTICLE ELEVEN
DUTIES AND RIGHTS WITH RESPECT TO POLICIES
§ 11.1 The Settlor and the Trustee shall have the following duties and rights with
respect to all insurance policies payable to the Trustee (the "Policies"):
§ 11.1.1 The Trustee shall not be obligated to pay any
premiums or assessments on any of the Policies and shall be under no
obligation with respect to the Policies, except for safekeeping during
the Settlor's lifetime and to the extent otherwise expressly agreed to
herein.
§ 11.1.2 With respect to any of the Policies, the Settlor reserves
to herself, during her ownership of said Policies and during her
lifetime, all rights, payments, dividends, surrender values and benefits
of any kind which may accrue on account of any of the Policies, and
the right at any time to assign, pledge or use said Policies, or any of
them, or to change the beneficiary thereof to borrow money thereon, or
for any purpose, without the consent, approval or joinder of the Trustee
or any beneficiary hereunder. It is the intent of the Settlor, with regard
to said Policies, that this instrument shall be operative only with respect
to the proceeds of such of the Policies as may be due and payable to the
Trustee at the time of the death of the Settlor or thereafter, after
deduction of all charges against the Policies by reason of advances,
loans, premiums, or otherwise; and the receipt of the Trustee for such
proceeds shall release the insurance companies from liability on the
Policies.
§ 11.1.3 The Settlor agrees and directs that, upon her death, the
proceeds of all Policies which are then subject to the terms of this
instrument shall be paid in accordance with the directions then set forth
in said Policies or the beneficiary designations then attached thereto. If~
the proceeds of said Policies are payable to the Trustee, the Trustee
may institute any proceeding at law or in equity in order to enforce the
payment thereof, and may do and perform any and all other acts and
-18-
things which may be necessary, for the purpose of collecting any sums
which may be due and payable under the terms of said Policies; it
being distinctly understood, however, that the Trustee shall not, except
at its option, enter into or maintain any litigation to enforce the
payment of said Policies until it shall have been guaranteed
indemnification by one or more of the beneficiaries of this instrument
to its satisfaction against all expenses and liabilities to which it may, in
its judgment, be subjected by any such action. The Trustee is
authorized to compromise and adjust claims arising out of the Policies,
or any of them, upon such terms and conditions as it may deem just,
and the decision of the Trustee shall be binding and conclusive upon all
parties interested therein.
ARTICLE TWELVE
PROVISION FOR TAXES DEBTS AND EXPENSES
§ 12.1 The Trustee may pay any of the Settlor's legally enforceable debts, any
expenses of her last illness, funeral, burial and administrative expenses of her estate and estate taxes,
inheritance taxes, transfer taxes and other taxes of a similar nature payable by reason of the Settlor's
death to any government or subdivision thereof upon or with respect to any property subject to any
such tax, and any penalties thereon, or any portion thereof, in the Trustee's sole discretion, without
reimbursement, out of the principal of that portion of Trust Assets disposed of by of Article Five
hereof.
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ARTICLE THIRTEEN
REVOCABILITY
§ 13.1 The Settlor may, by instrument in writing delivered to the Trustee, modify, alter
or revoke this instrument in whole or in part; provided, however, that the duties, powers, compensation
and liability of the Trustee shall not be changed without the written consent of the Trustee.
ARTICLE FOURTEEN
MISCELLANEOUS PROVISIONS
§ 14.1 As used in this Agreement, the term "Code" shall mean the Internal Revenue
Code of 1986, as amended from time to time, or the corresponding provision of subsequent law.
§ 14.2 If the Settlor's Husband and the Settlor die under such circumstances that it is
impossible to determine which survived, it shall be conclusively presumed and this Agreement shall be
construed as if the Settlor's Husband had survived the Settlor.
§ 14.3 Whenever a discretionary distribution of net income or principal is permitted
pursuant to any trust created hereunder, if such distribution may be made in whole or in part to a person
who is then a Trustee of such trust, such person may not participate in any way in the decision whether
to make such distribution. No Trustee who is under a legal obligation to support a beneficiary of a trust
created hereunder shall participate in the exercise of any discretion granted to the Trustee of that trust
to distribute net income or principal in discharge of that legal obligation. Furthermore, no Trustee shall
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enter into any reciprocal arrangement with any other trustee for the purpose of indirectly exercising a
power prohibited hereunder.
§ 14.4 Whenever the Trustee is directed to distribute property to or for the benefit of
any beneficiary who is under (a) twenty-one (21) years of age, or (b) a legal disability or otherwise
suffers from an illness or mental or physical disability that would make distribution directly to such
beneficiary inappropriate (as determined in the Trustee's sole discretion exercised in good faith), the
Trustee may distribute such properly to the person who has custody of such beneficiary, may apply
such property for the benefit of such beneficiary, may distribute such property to a custodian for such
beneficiary, whether then serving or selected and appointed by the Trustee (including the Trustee),
under any applicable Uniform Transfers to Minors Act or Uniform Gifts to Minors Act, may distribute
such property to the guardian of such beneficiary's estate, may distribute such property directly to such
beneficiary's estate, or may distribute such property directly to such beneficiary (except if any of the
conditions hereinbefore described in (b) apply), without liability on the part of the Trustee to see to the
application of such property.-. This provision shall not in any way operate to suspend such beneficiary's
absolute ownership of such property or to prevent the absolute vesting thereof in such beneficiary.
§ 14.5 Except as otherwise may be provided in this Agreement, during the continuance
of any of the trusts created hereunder and thereafter until the property is distributed to and received by
any beneficiary hereunder, the principal sums thus held in trust for any beneficiary, respectively, and
the income thereof shall not be subject to or liable for any contracts, debts, engagements, liabilities or
torts of such beneficiary now or hereafter made, contracted, incurred or committed, but shall be
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absolutely free from the same, and such beneficiary shall have no power to sell, assign or encumber all
or any part of the principal sums or such beneficiary's interest therein, respectively, or the income
thereof, or to anticipate the income.
§ 14.6 An individual fiduciary shall be entitled to receive reasonable compensation for
such fiduciary's services hereunder. A corporate fiduciary shall be entitled to receive compensation for
its services hereunder in accordance with its schedule in effect when the services are performed, but
not in excess of such compensation as would be approved by a court of competent jurisdiction.
§ 14.7 Notwithstanding any other provision of this Agreement, upon the expiration of
twenty-one (21) years after the death of the last survivor of the Settlor's Husband and issue living at the
Settlor's death, the trusts created hereunder shall forthwith terminate and the trust property shall be
distributed to the beneficiary then entitled to the income of the trust property or, if there is more than
one beneficiary, to the beneficiaries then entitled to the income of the trust property in proportion to
their respective interests therein or, if such interests are not defined, in equal shares to such
beneficiaries.
§ 14.8 If any of my children or grandchildren shall contest the validity of any
dispositive provision of this Trust Agreement or attempt to vacate the same, he, she or they shall be
thereby deprived of any beneficial interest under this Trust Agreement and of any share of my estate,
and the share or shares of such person or persons shall be divided and distributed to and among my
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remaining children or their issue per stirpes and in accordance with the provisions for distribution of
my estate contained in this Agreement of Trust.
§ 14.9 This instrument and any trust created hereunder shall be governed by the laws
of Pennsylvania and shall have it situs in Cumberland County, Pennsylvania.
IN WITNESS WHEREOF, the Settlor and the Trustee have hereunto affixed their
hands and seals and/or caused this instrument to be duly executed on the date and year first written
above.
WITNESS:
SETTLOR:
r -)
REGII A C. BEDARD
TRUSTEE:
AL)
GINA C. BEDARD
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~4a ~ ,
~~
COMMONWEALTH OF PENNSYLVANIA )
'r ) s5:
COUNTY OF . ;. ,{ ~ ,G .', ( , )
On this, the ,,~;' ~' day of •~~ ~ ~ ' . , 1998, before me, a notary public, the
undersigned officer, personally appeared REGINA C. BEDARD, known to me (or satisfactorily
proven) to be the person whose name is subscribed to the within instrument, and acknowledged that he
executed the same for the purposes therein contained.
IN WITNESS WHEREOF, I hereunto set my hand and official seal.
1
/ ,
I`Qotary Public
My Commission Expires:
(SEAL)
Notarial Seal
Janet M. Howell, Notary Public
Susquehanna Twp., Dauphin County
My Commission Expires Nov. 29, 21x11
Member, Pennsylvania Association of Notaries
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