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HomeMy WebLinkAbout12-01-11 1505610148 REV-1500 Ex (°'-'°' OFFICIAL USE ONLY PA Department of Revenue Bureau of Individual Taxes County Code Year File Number Po Box zaosot INHERITANCE TAX RETURN 21 10 0930 Harrisburg, PA 17128-0601 RESIDENT DECEDENT ENTER DECEDENT INFORMATION BELOW Social Security Number Date of Death MMDDYYYY Date of Birth MMDDYYYY 357-26-9339 06112010 01071927 Decedent's Last Name Suffix Decedent's First Name M I DOSWALD EVELYN ~ (If Applicable) Enter Surviving Spouse's Information Below Spouse's Last Name Suffix Spouse's First Name MI Spouse's Social Security Number THIS RETURN MUST BE FILED IN DUPLICATE WITH THE - - REGISTER OF WILLS FILL IN APPROPRIATE BOXES BELOW ® 1. Original Return ^ 2. Supplemental Return ^ 3. Remainder Re1:um (date of death ^ 4. Limited Estate ^ prior to 12-13-82) 4a. Future Interest Compromise (date of ^ 5. Federal Estate Tax Return Required 8. Decedent Died Testate (Attach Copy of Will) ~ death after 12-12-82) 7. Decedent Maintained a Living Trust 8. Total Number of Safe Deposit Boxes (Attach Copy of Trust) ^ 9. Litigation Proceeds Received ^ 10. Spousal Poverty Credit (date of death ^ 11. Election to tax under Sec. 9113(A) between 12-31-91 and 1-1-95) (Attach Sch. O) CORRESPONDENT - THIS SECTION MUST BE COMPLETED. ALL CORRESPONDENCE AND CONFIDENTIAL TAX INFORMATION SHOULD BE DIRECTED TO: Name Daytime Telephone Number VANCE E• ANTONACCI 717-581-3701 First line of address MCNEES WALLACE & NURICK Second line of address PO BOX 1166 City or Post Office HARRISBURG State ZIP Code PA 171081166 REGISTER OF WILLS USE ONLx ~~ -~ :.._ .. - DA F D _,'1 - ~ ~; -, `~ ~ <;- _; Correspondents e-mail address: V A N T O N A C C I a~ M W N• C O M 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 personal representative is based on all infonnation of which preparer has any knowledge. SIGNATURE OF P RSON RESPONSIBLE FO FILING RETURN DATE Ar1rl000~L+ _. 425~NORTH 14Tj~I,~TREF ~ LEMOYNE, PA_ 17043 SIGNATURE OF P P TJdER THAN REPRESENTATIVE nerG t~ L~ L ADDRESS PO BOX 1166 HARRISBURG, PA 17108-L166 PLEASE USE ORIGINAL FORM ONLY 1505610148 Side 1 9M4647 4.000 1505610148 15D5610248 REV-1500 EX Decedent's Social Securiiy Number 357-26-9339 Decedent'sName~ DOSWALD EVE LYN J RECAPITULATION 1. Rea{ Estate (Schedule A) 1. D • D Q 2. Stocks and Bonds (Schedule B) . 2. D • Q ^ 3. Closely Hetd Corporation, Partnership or Sole-Proprietorship (Schedule C) , 3. Q . 0 D 4. Mortgages and Notes Receivable (Schedule D) 4, Q . Q Q 5. Cash, Bank Deposits and Miscellaneous Personal Property (Schedule E) , , , , , 5. 4 , 5 Q $ • D D s. Jointly Owned Property (Schedule F) ~ Separate Billing Requested , , , , g_ D • D D 7. Inter-Vivos Transfers & Miscellaneous Non-Probate Property (Schedule G) ~ Separate Billing Requested 7. 2 , 4 2 5 , 7 4 9.10 8. Total Gross Assets (total Lines 1 through 7) g. 2 , 4 3 0 , 2 5 7.1 Q 9. Funeral Expenses and AdminisVative Costs (Schedule H), , y. 13 , 3 7 4 • D Q 10. Debts of Decedent, Mortgage Liabilities, and Liens (Schedule l) 1 p. 4 , 6 4 0 •2 9 11. Total Deductions (total Lines 9 and 10) , . 11. 18 , 014 •2 9 12. Net Value of Estate (Line 8 minus Line 11) 12. 2 , 412 , 2 4 2.81 13. Charitable and Governmental Bequests/Sec 9113 Trusts for which an election to tax has not been made (Schedule J) , . 13. (] • D Q 14. Net Value Subject to Taz (Line 12 minus Line 13) . 14. 2 , 412 , 2 4 2.81 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.0- D•DQ 15. 0•QQ 16. Amount of Line 14 xable 4~ 9 at linealratex.o 2,412,242.81 16. 3 108,550. 17. Amount of Line 14 taxable at sibling rate X .12 D• D D 17. Q' Q Q 18. Amount of Line 14 taxable at collateral rate X .15 Q. Q Q 18. Q• Q Q 19. TAX DUE 19. 108,550.93 20. FILL IN THE BOX IF YOU ARE REQUESTING A REFUND OF AN OVERPAYMENT ^ Side 2 1505610248 1505610248 J 9M4648 4.000 REV-1500 EX Page 3 Decedent's Complete Aririrpss• File Number ~, , n noon DECEDENTS NAME DOSW LD EVELYN ~ STREET ADDRESS R N GTY STATE ZIP LEMOYNE PA 17043- Tax Payments and Credits: 1. Tax Due (Page 2, Line 19) 2. Credits/Payments A. Prior Payments 10 2 , 7 5 0.0 0 B. Discount 5 , 4 0 7.8 9 3. Interest (1) 108, 550.93 Total Credits (A + g) (z) 10 8 ,15 7.8 9 4. If Line 2 is greater than Line 1 + Line 3, enter the difference. This is the OVERPAYMENT. Fill in box on Page 2, Line 20 to request a refund. 5. If Line 1 + Line 3 is greater than Line 2, enter the difference. This is the TAX DUE. (3) 0.0 0 (4) 0.00 (5) 393.04 Make check payable to: REGISTER OF WILLS, AGENT. PLEASE ANSWER THE FOLLOWING QUESTIONS BY PLACING AN "X" IN THE APPROPRIATE BLOCKS 1. Did decedent make a transfer and: Yes No a. retain the use or income of the property transferred; _ ® ~~ b. retain the right to designate who shall use the property transferced or its income; ^ Cx~ c. retain a reversionary interest; or . LXI 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? . ^ rr~, 3. Did decedent own an "in trust for" or payable-upon-death bank account or security at his or her death? ^ L~J 4. Did decedent own an individual retirement account, annuity, or other non-probate property, which contains a beneficiary designation? ^ ~~ 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 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 disGosure 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 uses 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(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)]. 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. 9M4671 2.000 REV-1508 EX+ (8-98) COMMONWEALTH OF PENNSYLVANIA INHERITANCE TAX RETURN RESIDENT DECEDENT SCHEDULE E CASH, BANK DEPOSITS, & MISC. PERSONAL PROPERTY ESTATE OF FILE NUMBER Evelvn J Doswald 21 10 OG30 Include the proceeds of litigation and the date the proceeds were received by the estate. All property JolnUyowned wlth the right of survlvorshlp must be disclosed on Schedule F. ITEM 'JALUE AT DATE NUMBER DESCRIPTION OF DEATH 1 U. S. Treasury - Refund re 2010 individual income tax return 3,000.00 2 PA Department of Revenue -Refund re 2010 individual income tax return 508.00 3 Tangible personal property; Value estimated 1,000.00 TOTAL (Also enter on line 5 Recapitulation) $ ~ 4 , 508.00 3W48AD 1.000 (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 SCHEDULE G INTER-VIVOS TRANSFERS AND MISC. NON-PROBATE PROPERTY ESTATE OF FILE NUMBER Evelyn J Doswald 21 10 0930 This schedule must be completed and filed if the answer to any of questions 1 through 4 on page three of the REV-1:100 is yes. ITEM NUMBE DESCRIPTION OF PROPERTY ircunen~rr,~oFn~irwrs~nflRRannorarrvroDECmerararo 1rED41EOFlANSFH2ATiaaiAODPYOFTEEDEEDFORREALESTATE DATE OF DEATH VALUE OF ASSET %OFDECD'S INTEREST EXCLUSION IF APPLICABLE TAXABLE VALUE ~• THE FOLLOWING ASSETS WERE HELD IN THE EVEYLN DOSWALD REVOCABLE TRUST UNDER AGREEMENT DATED - APRIL 24, 1998; SEE ATTACHED COPY OF TRUST AGREEMENT AND ASSET VALUATION INFORMATION: Real Estate located at 845 Indiana Avenue, Lemoyne Borough, Cumberland County, Pennsylvania 467,460.00 100.0000 0.00 467,460.00 Property valued per tax assessed valued X Common Level Ratio for Cumberland County of 1.26. See attached copy of deed and tax assessed information 2 PNC Bank Money Market Account No. 51-1205-6909 69,572.84 100.0000 0.00 69,572.84 Interest accrued to 6/11/2010 15.21 100.0000 15.21 3 PNC Bank Checking Account No. 51-1201-3431 5,606.89 100.0000 0.00 5,606.89 Merrill Lynch Beyond Banking Account 4 120 Shares Bank Of America Corporation Com New York Stock Exchange CUSIP: 060505104 1,860.30 100.0000 0.00 1,860.30 Dividend accrued on 6/11/2010 1.20 100.0000 1.20 5 1,560 Shares Duke Energy Corp New Com New York Stock Exchange CUSIP: 264410105 25,131.21 100.0000 0.00 25,131.21 Dividend accrued on 6/11/2010 374.40 100.0000 374.40 Total from continuation sched les 1,855,727.05 9W46AF 2.OD0 TOTAL (Also enter on line 7, Recapitulation) $ i If more space is needed, use additional sheets of paper of the same size. 2,425.74 Estate of: Evelyn J Doswald Schedule G (Page 2) Item DOD Value No. Description of Asset $ Interest Exclusion 6 200 Shares General Electric Co Com New York Stock Exchange CUSIP: 369604103 3,098.00 100.0000 7 400 Shares Johnson & Johnson Com New York Stock Exchange CUSIP: 478160104 23,283.00 100.0000 Dividend accrued on 6/11/2010 216.00 100.0000 8 780 Shares Spectra Energy Corp Com New York Stock Exchange CUSIP: 847560109 15,923.70 100.0000 Dividend accrued on 6/11/2010 195.00 100.0000 9 2,629.655 Shares Eaton Vance Mut Fds Tr Tx Mgd Gr1.2 A Mutual Fund (As Quoted By Nasdaq) CUSIP: 277911483 24,534.68 100.0000 10 1,255.7772 Shares FT 2118 Income Allocation Closed End CUSIP: INCALO 12,714.74 100.0000 Dividend accrued on 6/11/2010 78.49 100.0000 11 ML Bank Deposit Program 350,344.00 100.0000 12 Cash (ML Beyond Banking Account) 475,598.15 100.0000 Merrill Lynch CMA Account 13 50,000 Par Trinity Area Sch Dist Pa G O Ref B Mat: 11/01/2011 5.5~ Financial Times Interactive Data CUSIP: 896417LF7 53,299.50 100.0000 Interest accrued to 6/11/2010 305.56 100.0000 14 50,000 Par Pennsylvania St Higher Edl Fac Revenue B Mat: 06/15/2011 4~ Financial Times Interactive Data CUSIP: 70917RRH0 51,586.00 100.0000 Interest accrued to 6/11/2010 977.78 100.0000 21 10 0930 Taxable Value 0.00 3,098.00 0.00 23,283.00 216.00 0.00 15,923.70 195.00 0.00 24,534.68 0.00 12,714.74 78.49 0.00 350,344.00 0.00 475,598.15 0.00 0.00 53,299.50 305.56 51,586.00 977.78 Total (Carry forward to main schedule) 1,012,154.60 Estate of: Evelyn J Doswald Schedule G (Page 3) Item DOD Value No. Description of Asset ~ Interest Exclusion 15 50,000 Par Lehigh Cnty Pa Go Bds Mat: 11/15/2018 5~ Financial Times Interactive Data CUSIP: 524786WB2 Interest accrued to 6/11/2010 16 50,000 Par Lehigh Cnty Pa Go Bds Mat: 11/15/2022 5~ Financial Times Interactive Data CUSIP: 524786WF3 Interest accrued to 6/11/2010 17 50,000 Par Philadelphia Pa Auth For Indl Rev Ref B Mat: 05/01/2016 5$ Financial Times Interactive Data CUSIP: 7178183F3 Interest accrued to 6/11/2010 18 40,000 Par Philadelphia Pa Regl Port Auth Lease Rev Mat: 09/01/2013 4~ Financial Times Interactive Data CUSIP: 717877CA0 Interest accrued to 6/11/2010 19 50,000 Par Pennsylvania St Higher Edl Fac Rev Bds Mat: 09/01/2019 5~ Financial Times Interactive Data CUSIP: 70917RUW3 Interest accrued to 6/11/2010 20 50,000 Par Pennsylvania Intergovernmental Spl Tax R Mat: 06/15/2019 5~ Financial Times Interactive Data CUSIP: 708840HX4 Interest accrued to 6/11/2010 21 25,000 Par Univ Pittsburgh Of The Comwlth Ref Rev B Mat: 09/15/2026 5.25 Financial Times Interactive Data CUSIP: 91335VHW9 Interest accrued to 6/11/2010 57,353.50 100.0000 180.56 100.0000 55,271.50 100.0000 180.56 100.0000 55,700.50 100.0000 277.78 100.0000 43,094.00 100.0000 444.44 100.0000 58,079.00 100.0000 694.44 100.0000 56,862.00 100.0000 1,222.22 100.0000 28,072.25 100.0000 313.54 100.0000 0.00 0.00 0.00 0.00 0.00 0.00 0.00 21 10 0930 Taxable Value 57,353.50 180.56 55,271.50 180.56 55,700.50 277.78 43,094.00 444.44 58,079.00 694.44 56,862.00 1,222.22 28,072.25 313.54 Total (Carry forward to main schedule) 357,746.29 Estate of: Evelyn J Doswald Schedule G (Page 4) Item DOD Value No. Description of Asset ~ Interest Exclusion 22 50,000 Par Lancaster Cnty Pa Go Bds Mat: 03/01/2018 4'k Financial Times Interactive Data CUSIP: 514040XA7 Interest accrued to 6/11/2010 23 50,000 Par Montgomery Cnty Pa Go Bds Mat: 10/15/2017 5~ Financial Times Interactive Data CUSIP: 613579RS2 Interest accrued to 6/11/2010 24 50,000 Par Sharon Pa San Auth Swr Rev Gtd Rev B Mat: 10/01/2017 5$ Financial Times Interactive Data CUSIP: 819747AJ5 Interest accrued to 6/11/2010 25 50,000 Par Philadelphia Pa Ref Go Bd Mat: 08/01/2017 5.25$ Financial Times Interactive Data CUSIP: 717813JD2 Interest accrued to 6/11/2010 26 50,000 Par Pennsylvania St Univ Rev Bds Mat: 03/01/2017 4~ Financial Times Interactive Data CUSIP: 709235TS4 Interest accrued to 6/11/2010 27 50,000 Par Pennsylvania St Higher Edl Fac Rev Bds Mat: 04/01/2014 5~ Financial Times Interactive Data CUSIP: 70917REG6 Interest accrued to 6/11/2010 28 50,000 Par Pennsylvania St Go Bds Th Mat: 09/01/2013 5~ Financial Times Interactive Data CUSIP: 709141Q65 Interest accrued to 6/11/2010 53,223.00 100.0000 555.56 100.0000 57,621.00 100.0000 388.89 100.0000 56,864.50 100.0000 486.11 100.0000 56,110.00 100.0000 947.92 100.0000 54,572.00 100.0000 116.67 100.0000 55,546.00 100.0000 486.11 100.0000 56,062.50 100.0000 694.44 100.0000 0.00 0.00 0.00 0.00 0.00 0.00 0.00 21 10 0930 Taxable Value 53,223.00 555.56 57,621.00 388.89 56,864.50 486.11 56,110.00 947.92 54,572.00 116.67 55,546.00 486.11 56,062.50 694.44 Total (Carry forward to main schedule) 393,674.70 Estate of: Evelyn J Doswald 21 10 0930 Schedule G (Page 5 ) Item DOD Value Taxable Ko. Description of Asset ~ Interest Exclusion Value 29 50,000 Par Downingtown Pa Mun Wtr Auth Wt Gtd Rev B Mat: 09/01/2015 4.75 Financial Times Interactive Data CUSIP: 26110PBC9 56,349.00 100.0000 0.00 56,349.00 Interest accrued to 6/11/2010 659.72 100.0000 659.72 30 CMA Money Fund 35,142.00 100.0000 0.00 35,142.00 31 Cash (CMA Account) 0.74 100.0000 0.00 0.74 Total (Carry forward to main schedule) 92,151.46 REV-1511 EX+(10-09) Pennsylvania DEPARTMENiOF REVENUE INFfRITANCE TAX RETURN RESIOEM' OECEDENi SCHEDULE H FUNERAL EXPENSES AND ADMINISTRATIVE COSTS ESTATE OF FILE NUMBER Evelvn J Doswald 21 10 0930 Decedent's debts must be reported on Schedule I. ITEM NUMBER DESCRIPTION AMOUNT A. FUNERAL EXPENSES: 1, Cemetary Stone 405.00 B. ADMINISTRATIVE COSTS: 1. Personal Representative Commissions: Names} of Personal Representative(s) Street Address City State ZIP Year(s) Commission Paid: 2. Attorney Fees: McNees Wallace & Nurick LLC (estimated) 3. Family Exemption: (If decedent's address is not the same as Gaimant's, attach explanation.) Claimant Street Address City State ZIP Relationship of Claimant to Decedent 4. Probate Fees: 5. Accountant Fees: 6. Tax Retum Preparer Fees: 7. 1 Cable Service Total from continuation schedules . TOTAL (Also enter on Line 9 Recapitulation) ~ $ swasAG z.ooo If more space is needed, use additional sheets of paper of the same size. 10,000.00 740.00 31.75 2,197.25 13,374.00 Estate of: Evelyn J Doswald Schedule H Part 7 (Page 2) 2 Cumberland County Register of Wills Filing fee re Pennsylvania inheritance tax return 3 Electric Service 4 Gas Service 5 McNees Wallace & Nurick LLC Reserve re final closing costs 6 McNees Wallace b Nurick LLC Costs Advanced as follows: Duplicating $23.00 Postage 8.15 Valuation Info. 35.65 7 Phone Service 8 Water Service 9 Yard Maintenance Total (Carry forward to main schedule) 21 10 0930 15.00 248.42 506.67 125.00 66.80 182.50 122.86 930.00 2,197.25 REV-1512 EX+ (12-OB) Pennsylvania SCHEDULE I DEPARTTAENTOF REVeNUE DEBTS OF DECEDENT, INIERITANCE TAX RETURN MORTGAGE LIABILITIES ~ LIENS I~sIOENr oECEOENr ESTATE OF FILE NUMBER Evelyn J Doswald 21 10 0930 Report debts incurred by the decedent prior to death that remained unpaid at the date of death, including unreimbursed medical expenses. ITEM VALUE AT DATE NUMBER DESCRIPTION OF DEATH 1• Cable Service 31.75 2 Caregiver - Final Services 1,000.00 3 Credit Card -Outstanding Balance 39.62 4 Emergency Room - Doctor Charge 33:76 5 McNees Wallace & Nurick LLC Outstanding invoice for estate planning services provided to the decedent 2,062.18 6 Taxes attributable to employment of caregiver (federal, Pennsylvania, unemployment, etc.) 1,472.98 TOTAL (Also enter on Line 10 Recapftulation) ~ S 4 , 64 0 . 2 9 8W46AH 2.000 If more space is needed, insert additional sheets of the same size. REV-1513 EX+ (01-10) Pennsylvania DEPARTMENiOF REVENUE INHERITANCE TAX RETURN RESIDENT DECEDENT SCHEDULE J BENEFICIARIES ESTATE OF: FILE: NUMBER: Evelvn J Doswald 71 1n noon RELATIONSHIP TO DECEDENT v AMOUNT OR SHARE NUMBER NAME AND ADDRESS OF PERSON(S) RECEIVING PROPERTY Do Not List Trustee(s) OF ESTATE TAXABLE DISTRIBUTIONS [Include outright spousal distributions and transfers under Sec. 9116 (a) (1.2).] 1. Evelyn Doswald Trust Linda Farr, Trustee 425 North 4th Street Lemoyne 17043 All of Residue: 2,412,242.81 Trust 2,412,242.81 EN1ER DOLLAR AMOUNTS FOR DISTRIBUTIONS SHOWN ABOVE ON LINES 15 THROUGH 1 8 OF REV-1500 COVER SHEET, AS APP ROPRIATE. II NON-TAXABLE DISTRIBUTIONS A SPOUSAL DISTRIBUTIONS UNDER SECTION 9113 FOR WHICH AN ELECTION TO TAX IS NOT TAKEN: 1. B. CHARITABLE AND GOVERNMENTAL DISTRIBUTIONS: 1. TOTAL OF PART II -ENTER TOTAL NON-TAXABLE DISTRIBUTIONS ON LINE 13 OF REV-1500 COVER SHEET. S 0.00 swasAl z.ooo If more space is needed, use additional sheets of paper of the same size. ESTATE OF EVELYN J. DOSWALD PA DEPT. OF REVENUE NO. 21- 10-0930 COPY - DECEDENT'S WILL (NOT PROBATED) LAST WILL AND TESTAMENT OF EVELYN J. DOSWALD I, EVELYN J. DO5WALD, of Somerset, Somerset County, New Jersey, make this Will, hereby revoking all my former Wills and Codicils. ARTICLE ONE TANGIBLE PERSONAL PROPERTY § 1.1. I bequeath all my tangible personal property, including by way of illustration but not by way of limitation, my household furniture and furnishings, paintings, books, automobiles, jewelry and personal effects, exclusive of any such property used in a trade or business, to my daughter, LINDA M. FARR ("My Daughter"), if she survives me. If My Daughter does not survive me, I bequeath such assets to my issue living at my death to be divided among them in as neazly equal shazes as they agree. In the event of irreconcilable disagreement among my issue, they shall take alternate turns selecting individual items with the oldest beneficiary making the first selection. Any items not so selected shall be sold and the proceeds shall pass as a part of my residuary estate. § 1.2. To the extent practicable in the Executor's sole discretion, I bequeath any policies of insurance on such property to the beneficiary entitled to such property. § 1.3. I direct that the expenses of storing, packing, shipping, insuring and delivering any such property to the beneficiary entitled thereto shall be paid by the Executor as an administrative expense of my estate. ARTICLE TWO RESIDUE §2.1: I devise and bequeath all the residue of my estate to the then serving trustee of "The Evelyn J. Doswald Revocable Trust" created under Agreement of even date herewith by myself, as Settlor, and myself, as Trustee, as the same may have been or may be further amended or restated prior to my death, to be distributed in accordance with the terms of said trust agreement, or if said trust agreement is not in effect at the time of my death, in accordance with the terms specified therein on the date of this Will or of its last publicration by Codicil or otherwise. ARTICLE THREE APPOINTMENT OF FIDUCIARIES §3.1. I appoint My Daughter as Executrix of this Will. If she is unable or unwilling to act or continue to act, for any reason whatsoever, I appoint FULTON BANK- AND TRU5T COMPANY and SUSAN FORBES, of Englewood, Florida, as Co-Executors. The individual Co-Executor shall have the right to remove the then serving corporate Co-1~;xecutor from time to time for any reason provided that the individual Co-Executor shall immediately appoint a successor Co-Executor which shall be a corporation with fiduciary powers. If the individual Co-Executor shall be unable or unwilling to act or continue to act as Co-Executor, for any reason whatsoever, the corporate Co-Executor shall serve as sole Executor. All references herein to the "Executor" shall mean my originally appointed Executor, my then serving; successor Co-Executors or the then serving sole successor Executor, as the case may be. §3.2. I appoint the then serving Executor as Guardian of the estates ofd any minor beneficiaries under this Will, including the proceeds of any life insurance on my life payable to -2- such minors and any other properly, rights or claims with respect to which I am entitled to appoint a guardian and have not otherwise specifically done so. The Guardian shall have full authority to use such assets, both principal and income, in any manner the Guardian shall deem advisable for the best interests of the minor, including college and graduate education, and professional, vocational or technical training, without securing a court order. ARTICLE FOUR POWERS OF FIDUCIARIES §4.1. No fiduciary under this Will shall be required to give bond or other security for the faithful performance of the fiduciary's duties. §4.2. Any such fiduciary shall have the following powers, in addition. to those given by law: §4.2.1. 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; §4.2.2. 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; §4.2.3. To borrow money from any person including any fiduciary acting hereunder, and to mortgage or pledge any real or personal property; §4.2.4. 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; §4.2.5. To engage in litigation and compromise, arbitrate or abandon claims; §4.2.6. 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; -3- §4.2.7. 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 affected thereby; §4.2.$. To allocate, in the Executor's sole and absolute discretion, any portion of my exemption under Section 2631(x) of the Internal Revenue Code (which statutory exemption is presently $1,000,000), to any property as to which I am the transferor, including any property transferred by me during my lifetime as to which I did not make an allocation prior to my death; and §4.2.9. To disclaim any interest I may have in any estate if the Executor deems such disclaimer to be in the best interests of my estate and the beneficiaries thereof. ARTICLE FIVE PROVISION FOR TAXES §5.1. All estate taxes, inheritance taxes, transfer taxes and other taxes of a similar nature payable by reason of my death to any government or subdivision thereof upon or with respect to any property subject to any such tax, and any penalties thereon, shall be paid by the Executor out of the principal of that portion of my estate disposed of by Article T~vo of this Will, and all interest with respect to any such taxes shall be paid by the Executor out of the income or principal or partly out of the income and partly out of the principal of such :portion of my estate, in the absolute discretion of the Executor. My Executor shall not make apportionment among or seek reimbursement from the beneficiaries, recipients or owners of such property for any such taxes, penalties or interest. Notwithstanding any provision of this Article to the contrary, the Executor shall not pay any such taxes, penalties or interest attributable to any property included in my estate solely because of a power of appointment thereover which I possess but have not exercised. -4- ARTICLE SIX PROVISION FOR DEBTS AND EXPENSES §6.1. I direct that any of my legally enforceable debts, any expenses of my last illness, funeral and burial, and any of the administrative expenses of my estate, shall be paid from the principal of that portion of my estate disposed of by Article Two of this Will. ARTICLE SEVEN BUSINESS INTERESTS §7.1. In the event any business interest should be an asset of my estate, whether the same involves a proprietary interest, a partnership interest or stock in a closely held corporation, whether wholly owned, controlled by me or owned in substantial part by me, I authorize the Executor, subject to the terms of any agreement I may have made for the sale of my interests, to continue said business until such time as the Executor shall deem it advisable to sell, to liquidate or to 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 me prior to my death, I direct the Executor to consider and to determine the appropriateness of a s,~le 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 my desire that to the extent possible any business interesl: which I may own at the time of my death 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 Executor is encouraged to pursue such election if the Executor deems such election also to be in the best interests of my estate and the beneficiaries thereof. The Executor shall have all rights and powers in connection with such business as I had when living, including -5- specifically the power at any time and from 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 Executor deems it advisable for the best interests of my estate and of the beneficiaries thereof without the necessity of any order of court and without any liability for loss resulting from the operation of said business except when such loss is the result of gross negligence or fraud on the part of the Executor. ARTICLE EIGHT MISCELLANEOUS PROVISIONS §8.1. As used in this Will, the term "Internal Revenue Code" shall mean the Internal Revenue Code of 1986, as amended from time to time, or the corresponding provision of subsequent law. §8.2. If any beneficiary hereunder and I die under such circumstance:; 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. §8.3. 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. An individual fiduciary shall be entitled to receive reasonable compensation for such fiduciary's services hereunder. §8.4. Whenever a fiduciary 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 disabili~~ry or otherwise suffers from an illness or mental or physical disability that would make distribution -6- directly to such beneficiary inappropriate (as determined in such fiduciary's sole discretion exercised in good faith), the fiduciary may distribute such property 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 sf;lected and appointed by the fiduciary (including the fiduciary), 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 he:reinbefore described in (b) apply), without liability on the part of the fiduciary 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. IN WITNESS WHEREOF, I have hereunto set my hand and seal this2~ day of _, 1998. (SEAL) Evelyn os d Signed, sealed, published and declared by the above named EVELYN .T. DOSWALD as and for her last Will, in the presence of us and each of us, who, at her request and -7- in her presence and in the presence of each other, have hereunto subscribed our names as witnesses thereto the day and year last above written. ~ Residing at ~ CJ ~ /~~ l~ t ?~ ~ ~~ ~ ~~ }~,` ~r-L. ~' Residing at ~~~ Residing at 3.3 /,Zi, -s- STATE OF ~- ,til lags LV f~ til I ~ ~ ss. COUNTY OF ..~ AU-Q W I ~ We, EvELI'ly J. DOSWALD the testatrix, and~~~~~ ~ . ~~P~' ~ ~V~ ~ 112TH . and ~ ~~ ~. JS ,the witnesses, whose names are signed to the attached or foregoing ins . anent, 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 18 years of age or older, of sound mind and under no ~~ 1 E lyn J. Doswald ~~/ Witness Subscribed, sworn to and acknowledged before me by EVELYN J. DOSWALD, the testatrix, and subscribed and sworn to before me by ~AN Ii:L T 1'~flLP~Z _ I S~~V~ ~ t ~2-YH _ and ~V~L~(N S• ~fl~Q IS ,witnesses, this a+}~ day of ~ P 1~ , 1998. o ublic My Commission Expires: (SEAL) Notarial Seal Linda D. D'Elia, Notary Public Harrisburg, Cauphin County My Commission Expires June 1, 19£i8 Member, Pennsylvania/~ssoaation of Notaries -9- HBG1; Mullaugh, Elizabeth; 78716-1 Witness ESTATE OF EVELYN J. DOSWALD PA DEPT. OF REVENUE NO. 21-10- 0930 COPY -REVOCABLE TRUST AGREEMENT REVOCABLE TRUST AGREEMENT THE EVELYN J. DOSWALD REVOCABLE TRUST THIS AGREEMENT is made and entered into thisc~C.L_ day of 1998, by and between EVELYN J. DOSWALD, of Somerset, Somerset County, New Jersey, as Settlor (the "Settlor"), and the said EVELYN J. DOSWALD, 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; transfer assets to the Trustee, subject to the terms of this Agreement, by inter vivos grant or by Will. The trust assets shall include all such transferred assets (collectively the "Trust Assets"), which shall be held, administered, distributed and governed by the Trustee, IN TRUST NEVERTF~LESS, 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 1:0 the Trustee during the Settlor's lifetime. § 2.1.2 The Trustee shall pay and use such portion or al:l 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 Gaze of the Settlor. ARTICLE THREE UPON THE SETTLOR'S DEATH § 3.1 Upon the death of the Settlor, the Trustee shall divide and distribute the Trust Assets as follows: § 3.1.1 The Trustee shall retain in trust a pecuniary amount to be held, administered and disposed of in accordance with the provisions of Article Four hereof (the "GST Exempt Daughter's Trust") equal to the maximum amount of the Settlor's then unused GST exemption amount allowed under § 2631(a) of the Internal Revenue Code (which exemption amount is presently $1,000,000) which can be added to such GST Exempt Daughter's Trust and produce an inclusion ratio of zero. Such sum shall. be composed of cash; or partly of cash and partly of property in kind, and shall be valued as of the date of distribution. § 3.1.2 If the Settlor's daughter, Linda M. Farr (the "Settlor's Daughter's survives the Settlor, the Trustee shall retain 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 -2- r provisions of Article Six hereof (the "Non-GST Exempt Daughter's Trust"). § 3.1.3 If the Settlor's Daughter does not survive the Settlor, the Trustee shall distribute such of the Trust Assets as shad not have been retained pursuant to § 3.1.1, to the Settlor's then living issue, per stirpes, with any share allocable to a beneficiary then under the age; of forty (40) years being held in continued trust for the benefit of such beneficiary~in accordance with the provisions of Article Seven hereof (the "Non-GST Exempt Issue's Trust"). ARTICLE FOUR GST EXEMPT DAUGHTER'S TRUST § 4.1 The Trustee shall have, hold, manage, invest and reinvest the a.5sets of the GST Exempt Daughter's Trust, collect the income and § 4.1.1 During the life of the Settlor's Daughter, the Trustee shall hold, manage, invest and reinvest the trust property, shall collect the income thereof and shall distribute so much of the net income and, if the net income is insufficient, so much of the principal of the trust property as the Trustee, in the sole discretion of the Trustee other than the Settlor's Daughter or a lineal descendant of the Settlor's Daughter, shall from tune to time deem necessary or proper for the health, maintenance and support of the Settlor's Daughter, taking into account other available funds, including the Settlor's Daughter's individual assets. § 4.1.2 Upon the death of the Settlor's Daughter or upon. the Settlor's death, if the Settlor's Daughter does not survive the Settloi•, the Trustee shall distribute the balance of the trust property to one or more of the group consisting of the Settlor's Daughter's issue, in such amounts and upon such trusts, terms and conditions as the Settlor's Daughter by 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 Seitlor's Daughter seek counsel regarding the generation-skipping transfer tax effects of such exercise. Any such property not so appointed shall be divided into shares for the Settlor's Daughter's then living issue, per stirpes. Each such share shall be held in continued trust for the benefit of such beneficiary in accordance with thf; provisions of Article Five hereof (the "GST Exempt Issue's Trust"). -3- ARTICLE FNE GST EXEMPT ISSUE'S TRUST § 5.1 Subject to the provisions of § 12.6 herein, the Trustee shall have, hold, manage, invest and reinvest the assets of the GST Exempt Issue's Trust, collect the income and § 5.1.1 While the beneficiary of the GST Exempt 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 GST Exempt Issue's Trust as the Trustee other than the Beneficiary or a lineal descendant of the Beneficiary 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. § 5.1.2 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 GST Exempt Issue's Trust in quarter-annual installments, or more frequently if the Trustee deems it advisable, and s~o much of the principal as the Trustee, in the sole discretion of the Trustee other than the Beneficiary or a lineal descendant of the Beneficiary 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 risk by such Trustee, taking into account other available funds, including the Beneficiary's assets; provided however, that if the Non-GST Exempt Issue's Trust held pursuant to Article Seven hereof is then in existence for such Beneficiary, such Non-GST Exempt Issue's Trust shall be exhausted before the Trustee shall expend principal from the GST Exempt Issue's Trust held for the beneficiary under this Article Five. § 5.1.3 If the Beneficiary dies before the complete termination of his or her trust, the Trustee shall distribute the property ttiien held in trust to such of the Settlor's issue other than the Beneficiary in -4- 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 then living issue, per stirpes, or if none, for the then living issue of the parent of the Beneficiary who was a descendant of the Settlor, per stirpes, or if none, for the Settlor's issue then living, per stirpes. Each such share shall be held in continued trust for the benefit of such beneficiary in accordance with the provisions of this Article Five (the "GST Exempt Issue's Trust"). ARTICLE SIX NON-GST EXEMPT DAUGHTER'S TRUST § 6.1 The Trustee shall have, hold, manage, invest and reinvest the assets of the Non-GST Exempt Daughter's Trust, collect the income and: § 6.1.1 During the life of the Settlor's Daughter, the Trustee shall hold, manage, invest and reinvest the trust property, shall collect the income thereof and shall distribute so much of the net income and, if the net income is insufficient, so much of the principal of the trust property as the Trustee shall from time to time deem necessary or proper for the health, maintenance and support of the Settlor's Daughter, taking into account other available funds, including the Settlor's Daughter's individual assets. § 6.1.2 Upon the death of the Settlor's Daughter, the Trustee shall distribute the balance of the trust property to such persons or entities (including the Settlor's Daughter's estate), in such amounts and upon such trusts, terms and conditions as the Settlor's Daughter by her :Last Will may appoint by specific reference to this general power of appointment. Any property not so appointed shall be divided into shares for the Settlor's Daughter's issue then living, per stirpes, with any share allocable to a beneficiary then under the age of forty (40) years being he;ld in continued trust for the benefit of such beneficiary in accordance with the provisions of Article Seven hereof (the "Non-GST Exempt Issue's Trust"). -5- ARTICLE SEVEN NON-GST EXEMPT ISSUE'S TRUST § 7.1 The Trustee shall have, hold, manage, invest and reinvest the assets of the Non-GST Exempt Issue's Trust, collect the income and § 7.1.1 While the beneficiary of the Non-GST Exempt 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 Non-GST Exempt 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. § 7.1.2 After the Beneficiary attains twenty-one (21) yeazs of age, the Trustee shall distribute to or for the benefit of the Beneficiary the net income of the Non-GST Exempt 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 risk by the Trustee, taking into account other available funds, including the Beneficiary's assets. - § 7.1.3 At any time after the Beneficiary attains thirty (3 0) years of age, the Beneficiary may withdraw such sums as do not exceed. one-third (1/3) of the mazket value of the principal of the Non-GST Exempt Issue's Trust as constituted on the Beneficiary's thirtieth (30th) birthday, or on the later establishment of the Non-GST Exempt Issue's Trust. § 7.1.4 At any time after the Beneficiary attains thirty-five (35) years of age, the Beneficiary may withdraw such sums as do not -6- exceed one-half (1/2) of the market value of the principal of the Non-(JST Exempt Issue's Trust as constituted on the Beneficiary'sthirty-fifth (35th) birthday, or on the later establishment of the Non-GST Exempt Issue'ss Trust. § 7.1.5 At any time after the Beneficiary attains forty (40) years of age, the Beneficiary may withdraw any or all of the principal of the Non-GST Exempt Issue's Trust. § 7.1.6 If the Beneficiary dies before the complete termination of his or her trust, the Trustee shall distribute the property then held in trust for such beneficiary to such persons or entities (including the Beneficiary's estate), 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 general power of appointment. Any properly not so appointed shall be divided into shares for the Beneficiary's issue then living, per stirpes, or if none, for the issue then living of the parent of the Beneficiary who was a descendant of the Settlor, per stirpes, or if none, for the Settlor's issue then living, per stirpes, with any share allocable to a beneficiary then under the age of forty (40) years being held in continued trust for the benefit of such beneficiary in accordance with the provisions of this Article Seven (the "Non-GST Exempt Issue's Trust"). ARTICLE EIGHT APPOINTMENT OF FIDUCIARIES § 8. I Upon the 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 Daughter as successor Trustee. § 8.2 Upon the death of the Settlor, § 8.2.1 With respect to the trusts created under Articles Four and Five hereof (the "GST Exempt Trusts"}, § 8.2.1.1 The Settlor appoints the Settlor's Daughter and SUSAN FORBES, of Englewood, Florida as Co-Trustees of the GST Exempt Trusts. The Settlor's -7- Daughter shall have the right to remove SUSAN FORBES for any reason. § 8.2.1.2 If the Settlor's Daughter or SUSAN FORBES shall fail or cease to act for any reason, including her resignation or removal, the Settlor appoints such banking institution with fiduciary powers ("Corporate Trustee") as the Settlor's Daughter may select by writing executed by her and delivered to the Co-Trustee during the Settlor's Daughter's lifetime as successor Co-Trustee. If the Settlor's Daughter shall fail to have selected a Corporate Trustee as successor Co-Trustee, the then income beneficiaries of the GST Exempt Trusts (or their legal representatives) by majority note shall appoint a Corporate Trustee as successor Co-Trustee. Any Corporate Trustee so appointed shall not be related or subordinate to any if the Settlor's issue within the meaning of § 672(c) of the Internal Revenue Code of 1986, as amended. Subject to § 8.2.3 hereof, at such time as the Settlor's Daughter and SUSAN FORBES shall both fail or cease to act for any reason, the corporate Trustee shall serve as sole Trustee. § 8.2.1.3 The individual serving as Co- Trustee, if any, or if none, the then income beneficiaries of the GST Exempt Trusts (or their legal representatives) by majority vote shall at all times and from time to time have the right to remove the Corporate Trustee without cause so long as such individual Co-Trustee or such beneficiaries (or their legal representatives) shall immediately appoint a successor Corporate Trustee which shall not be related or subordinate to any of the Settlor's issue within the meaning of § 672(c) of the Internal Revenue Code of 1986, as amended. § 8.2.2 With respect to the Trusts created under Articles Six and. Seven hereof (the "Non-GST Exempt Trusts"), the Settlor appoints the Settlor's Daughter as Trustee of the Non-GST Exempt Trusts. If the . Settlor's Daughter shall fail or cease to act for any reason, the Settlor appoints such person or Corporate Trustee as the Settlor's Daughter may select by writing executed by her and delivered to the successor Trustee. If a complete vacancy occurs in the position of Trustee of the Non-GST Exempt Trusts, the then income beneficiaries of the Non-GST Exempt -8- Trusts (or their legal representatives} by majority vote shall appoint a person or Corporate Trustee to fill such vacancy. After the death of th.e Settlor's daughter, the then income beneficiaries of the Non-GST Exempt Trusts (or their legal representatives) by majority vote shall at all times and from time to time have the right to remove the Trustee without cause so Long as such beneficiaries (or their legal representatives) shall immediately appoint a successor Trustee. § 8.2.3 At any time after the Settlor's grandson, Albert Farr, attains age twenty-one (21), he shall have the right to act as Co- Trustee of any trusts created hereunder by acceptance of such position by writing delivered to the then Trustee, provided, however, that the Settlor's Daughter must approve his appointment as Co-Trustee. § 8.3 The Co-Trustees shall act by majority vote. Except far specific; reference herein to the "individual Co-Trustee" or "Corporate Trustee" or to the "Trustee other ~~than the Settlor's Daughter or a lineal descendant of the Settlor's Daughter " or to the "Trustee other than a Beneficiary or a lineal descendant of the Beneficiary," all references herein to the "T'rustee" shall mean the then serving (a) originally appointed Trustee, or (b) the successor Co-Trustees, or (c) sole Trustee, as the case may be. 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; -9- § 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 an.y fiduciary acting hereunder, and to mortgage or pledge any real or personal property; § 9.2.4 To hold shazes 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; § 9.2.6 To terminate 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 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. 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 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 proprietazy interest, a partnership interest or stock in a closely held corporation; § 9.2.8 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; -10- § 9.2.9 To engage in litigation and compromise, arbitrate or abandon claims; § 9.2.10 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; § 9.2.11 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'; § 9.2.12 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 spouse, 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 § 9.2.13 The Settlor's Executor is authorized, in the Settlor's Executor's sole and absolute discretion, any portion or all of the Settlor's exemption under Section 2631(a) of the Internal Revenue Code (the "Settlor's GST Exemption"), to any property as to which the Settlor is the transferor, including any property transferred by the Settlor during her lifetime as to which she did not make an allocation prior to her death. Any such election or allocation shall be binding upon the Trustee and any beneficiary of any trust created hereunder. ARTICLE TEN PROVISION FOR TAXES, DEBTS AND EXPENSES § 10.1 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 -11- 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 § 3.1.2 or § 3.1.3 hereof, whichever is applicable. ARTICLE ELEVEN REVOCABILITY § 11.1 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 TWELVE MISCELLANEOUS PROVISIONS § 12.1 As used in this Agreement, the term "Internal Revenue Code" shall mean the Internal Revenue Code of 1986, as amended from time to time, or the corresponduig provision of subsequent law. § 12.2 Whenever a discretionary distribution of net income or principal is permitted pursuant to any GST Exempt 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 enter into any -12- reciprocal arrangement with any other trustee for the purpose of indirectly exercising a power prohibited hereunder. § 12.3 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 disabi:ity 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 property to the person who b.as 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 an~i 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 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. § 12.4 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 -13- r contracts, debts, engagements, liabilities or torts of such beneficiary now or hereafter made, contracted, incurred or committed, but shall be 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. § 12.5 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. An individual fiduciary shall be entitled to receive reasonable compensation for such fiduciary's services hereunder. § 12.6 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 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, vi equal shares to such beneficiaries. § 12.7 This instrument and any trust created hereunder shall be governed by the laws of Pennsylvania and shall have it situs in Cumberland County, Pennsylvania; provided, however, that the situs of the trust may be changed by the Trustee for ease of administration. -14- IN WITNESS WHEREOF, the Settlor and the Trustee have hereunto affixed their hands and seals andlor caused this instrument to be duly executed on the date and year first written above. WITNESS: ~~ SETTLOR: `(SEAL) ve yn swald TRUSTEE: ~~~_(SEAL) vel J. Oswald -15- THE EVELYN J DO WALD EVOCABLE TRU T SCHEDULE A WITNESS: SETTLOR: Evelyn J. Doswald TRUSTEE: (SEAL) _ (SEAL) Evelyn J. Doswald -16- STATE OF ~S ~ A~ I-~A : ss: COUNTY OF ~~UQ{~ I N : On this, the~~ day of APB I L ,.1998, before ~s>e, a notary public, the undersigned ofFicer, personally appeared EVELYN J. DOSWALD, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. o Public My Commission Expires: (SEAS) -17- Notarial Seal 1_i~da D. D'Elia, Notary Pubiic FiGrrisburg, Dauphin County h?y Commission Fxpires June 1, 1998 Member, PennsylvaniaAssoaation of Notarie; HBG7; Mullaugh, Elizabeth; 7871 B-1 ESTATE OF EVELYN J. DOSWALD PA DEPT. OF REVENUE NO. 21-10- 0930 COPY - 845 INDIANA AVENUE INFORMATION TaxDB Result Details DistrictNo 12 Parcel ID 12-21-0267-034. MapSufffx HouseNo 845 Direction Street INDIANA AVENUE Ownerl DOSWALD REVOC TR, EVELYN J TR C/O PropType R PropDesc LivArea 2688 CurLandVal 85000 CurImpVal 286000 CurTotVal 371000 CurPref Val Acreage .76 CIGrnStat TaxEx 1 SaleAmt 1 SaleMo 10 SaleDa 21 SaleCe 19 SaleYr 48 DeedBkPage 00187-00644 YearBlt 1963 HF File Date 11/10/2004 HF Approval_Status A Page 1 of 1 Detailed Results for Parcel 12-21-0267-034. in the 2004 Tax Assessment Database },+t.~.•//tnvri}~ nr•r~a nat/riPtailc acn7;r1_i ~-~ i _n~~~_n~a ,~~1,~P1P~.r=1 ~/1.5/2n1 ~ ESTATE OF EVELYN J. DOSWALD PA DEPT. OF REVENUE NO. 21-10- 0930 COPY - MERRILL LYNCH ACCOUNT INFORMATION .s ¢S ,cn'~ rnti w a ;: .' e .~~ .~y ~.:.. =~: t. ,. ':} ..t ~ .S~ ~„} j` T ~. V O ~ ~. , ~; ~Y ~.. ~A{'c" '0 rn 'k~' , •., ''.~' . pi,4 4:~:.:` ~ :~ b ..:' .,.i5 JN ~ 4 !.t„'. a":.....:' ,.. O :i~x.'• ~M1'' :~~ A i ~{~~. 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C M ~ C ° d ~ .. .. a- ~a A w A O `b' ~';; C7 d 2. ~r '~ -~ ~ ~ C~~ n ~ ~~ m '~A; ~= ~ m ~ ~'.:f4.~~i 1; ~o m m .a ~a~ . ~: ~~:~::...~;;r x.,;: ~'- ' .s v y '~ Cf C :. o rt o O p ~ .. ~ O ~ ' ~ ~ ~ ~ w ~ ~ ~0 :~ G ~~0~ ~O ~ ~ W 1~ c~cj T}~G~ C `~ o ' ~~ ~~ p ~ .~.1 ~ a ~ .~ oc~`.y.~ .° o~~Z Q N ~ „~Z A ~ N v~ ~ ~ ~ a° ~ $ o n ~ ~ m v 0 ~ J N W O 0 'Ts ,;~_.... rn S x Op0 ~ V Qr ~... i ~ C a 3 ~ ~ ~: m 0 -„ aim c ~ o w -. Q E Vj ""' d C 3 m ESTATE OF EVELYN J. DOSWALD PA DEPT. OF REVENUE NO. 21-10- 0930 COPY - PNC BANK ACCOUNT INFORMATION ~~~ ~rNO rHl;w~~r December 21, 2010 Linda ~M Eshelman PA C.P. McNees Wallace & Nurick LLC 100 Pirte St F 0 Box 1166 Harrisburg, PA 17108-1166 RE: Evelyn J Doswald. SSN; 357-26-9339 DOD: 06-11-2010 hear Ms. Eshelman: In response to your request for Date of Death (DOD) balances £or the custazner noted above, our records show the following: Checking Account Account # 5112013431 Established: O1-OS-2000 EVEL'YN J DOSWALD REV TRT , ' EVELYN J DOSWAI.17 TTEE DOD balance; $ 5,606.89 z~oz~ interest bearing Savings Account Account # 5112056909 Established: 41-OS-2040 EVELYN J DOSWALD REV TRT EVEL'YN J DOSWALD TTEE DOD balance: $ 69,572.84 + 15.21 accrued interest Interest paid O1-OI-2010 thru 06-11-2010 $136.69 Yl'D Please note that this office provides date of death balances far deposit accounts (IRAs, CDs, Checking and Savings): We do not process any financial transacfions or provide statements. If you need assistance ovith auy of these items, please call 1-888 PNC-BANK (1-858-76Z-2265) or stop by your local PNC Bank branch office. Sincexely, National Financial Services Center PNC Bank, N.A. lVlea~ber FDIC page 1 of 2 __ This message is intended for.ihe use of the individual Qr entity to~which it is addressed and may contain information that isprivilegec~ confdenn'at and' exempt from disclosure under applicable law. If the reader of this message is not the intended recipient or the employee or agent responsible for delivering this message to the intended recipient, you are hereby nott: fled that arty dissemination; distribution or copying of this communications is strictly prohibited If you have received this communication in errpr, please notify me immediately by reply or by telephone at 800-762-1775 and immediately destroy this faxed document. Page 2 of 2