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HomeMy WebLinkAbout01-09-12s ' x 1505607121 REV-1 500 EX 06-05 ( . ) OFFICIAL U8E ONLY PA Department ~ Revue Bureau of individual Taxes Po BOx 2ilosor Courriy Code Year File Number INHERITANCE TAX RETURN Hanlsburg, PA 17128-0601 2 1 1 1 1 0 2 7 RESIDENT DECEDENT ENTER DECEDENTINFORMATION BELOW Social Security Number Date of Death Date of Birth - 4 1 0 3 4 8 0 6? 0 9 0 6 2 0 1 1 1 1 2 8 1 9 2 7 Decedent's Last Name Suffix Decedent's First Name MI Rum p f Mar j o r i e L (If Applicable) Entsr Surviving Spouse's IMormation Below Spouse's Last Name Suffix Spouse's First Name MI R u m p f R o b e r t H Spouse's Soaal Security Number 1 6 7 2 0 7 2 1 4 THIS RETURN. MUST BE FILED IN DUPLJCATE NflTH THE REGISTER OF WILLS FILL IN APPROPRU-TE OVALS BELOW © 1. Original Return ^ 2. Supplemental Return ^ 3. Remainder Return (date. of death .prior to 12-13-82) ^ 4. Limited Estate ^ 4a. Future Interest Compromise (date of ^ 5. Federal Estate Tax Return RegWred death after 12-12-82) ^ 6. Decedent Died Testate ^ 7. Decedent Maintained a Living Trust 0 8. Total Number of Safe. Deposit Boxes (Attach !COPY of WiA) (Attach Copy of Trust) ^ 9. Litigation Proceeds Received ^ 10. Spousal Poverty Credit (date of death ^ ~ 11. Election to tax udder Sea 9113(A) between 12-31-91 and 1-1-g5) (Attach Sctr: 0) CORRESPONDENT - THM SECTION NNJST BE COrrpLETED. ALL CORRESPONDENCE AND CONFMENTIAL TAX INFORMATK#N 8iKklt.p ~ tIrRE~TED T0: Name Daytime Telephone Number Way n e F Sh a de , E sq ure 717 ~43. 020 Firm Name (If Applicable) Rt;G187E t~B.L}~ILY ~, ~ ~ s~:~ C ~~3 First line of address f`r'7 ter ~ I r , : ~: ~- -' 5 3 W e s t P o m f r e t S t r e a t ~ :-7~a -v ,I - ~_-, Second line of address ~ I ~ ~ ~ -~;~ ~ .~'- ~ City or Post Office State ZIP Code ~ DATE FILEt! t,} ~ C a r l i s l e P A 1 7 0 1 3 correspondents a-mail address: waynetshade~a,comcast.net Under penalties of perjury, I dedare first I have examined this return, k~duding accorr0anying schedules acrd Natements, and to the treat of m!! biawledge and tretief, it is true, correct ertd complete. Declaration of preparer other than the personal represerdative is based on ant irrfom~ation of which prepares has any Wlo+wriedge. SIGNATURE OF PERSON RESPONSIBLE FOR FILING RETURN :: ~ 5 OF PREP~RE,R~O'17~IER THAN REPRESENTATNE Carlisl 53 West Pomfret Street Carlisle PA 17013 PLEASE USE ORIGINAL FORM ONLY Side 1 L 1505607121 1505607121 ~,d2~r 1505607221 REV-1500 EX ' Dec~denYs Social Security Number ~aBnr:Name: Mar iorie L_~ Rumpf 4 1 0 3 4 8 0 6 7 RECAPITULATION 1. Real estate (Schedule A) ........................................ 1. • 2. Stocks and Bonds (Schedule B) .................................. 2. , • 3. Glossy Held Corporation, Partnership or Sole-Proprietorship (Schedule C) ..... 3. • 4. Mortgages 8~ Notes Receivable (Schedule D) ........................ 4. • 5. Cash, Bank Deposits 8~ Miscellaneous Personal Property (Schedule E) ....... 5. Ir--~~ 6. Jointly Owned Property (Schedule f) 1 1 Separate. Billing Requested ....... 6. • , 7. Inner-Vivos Transfers 8 MaoeNan~us` N~ProbetB Property (Schedule G) u S t Billi R d epara e ng equeste ....... 7. 8. Total Gross Agsets (total Lines 1-7) ........................... 8. 9. Funeral Expenses 8 Administrative Costs (Schedule H) ................ 9. • 10. Debts of Decedent, Mortgage Liabilities, 8 Liens (Schedule q ............ 10. • 11. Total Deductions (total Lines 9 A 10) ........................... 11. 12. Met Value of Estate (Line 8 minus Line 11) ......................... 12. 13. Charitallie and Governmental Bequests/Sec 9113 Trusts for which an election to tax has not been made (Schedule J) .................. 13. 14. Net. VaIcN Subject tD Tax. (Line 12 minus Line 13) .................. 14. 0 • 0 0 TAX COMPUTATION -SEE INSTRUCTIONS FOR APPLICABLE RATES 15. Amount of Line 44 taxable at the'spousai tax rate, or transfers under Sec. 9116 (a>(1.2)x.o _ 0. 0 0 15. 0. O D 16. Amount of Line 14 taxable at lineal rate X .0 _ 0 . 0 0 16. 0. 0 0 17. Amount of Line 14 taxable at sibling rate X .12 0. 0 D 17. 0. 0 0 18. Amount of Line 14 taxable at collateral rate X .15 0. 0 0 1 g 0. 0 0 19. Tax Due ................................................ 19. 0 . 0 0 20. FILL tN THE OVAL IF YOU ARE REQUESTING A REFUND OF AN OVERPAYMENT Side 2 1505607221 1505607221 ~, REV-1000 EX Pegg 3 Decedent's Complete Address: File Number 21 11 1027 DECEDENTS NAME M 'orie L. Rum f STREET ADDRESS Forest Park Health Center 700 Walnut Bottom Road CITY STATE ZIP Carlisle PA 17013 Tax Payments and Credits: 1. Tax Due (Page 2 Line 19) (1) 0.00 2. CreditslPayments A. Spousal Poverty Credit B. Prior Payments C. Discount Total Credits (A + g + C) (2) 0.00 3. Interest/Penalty if applicable D. Interest E. Penalty Total InteresUPenalty (D + E) (3) 0.00 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. (4) 0.00 5. If Line 1 + Line 3 is greater than Line 2, enter the difference. This is the TAX DUE. (5) 0.00 A. Enter the interest on the tax due. (5A) B. Enter the total of Line 5 + 5A. This is the BALANCE DUE. (56) 0.00 Make Check Payable to: REGISTER OF WILLS, AGENT . , `~~~~~„° max: 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; or ................................................................................................ ^ d. receive the promise for life of either payments, benefits or care? ....................................................... ^ 2. If death occurred after December 12,1982, did decedent transfer property within one year of death without receiving adequate consideration? ....................................................................................... ^ 0 3. Did decedent own an "intrust 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 benefiaary 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 ~ after July 1,1994 and before January 1,1995, the tax rate imposed on the net value of transfers to or for the use of the surviving spouse is three (3) percent (72 P.S. §9116 (a) (1.1) (i)]. For dates of death on or after January 1,1995, the tax rate imposed on the net value of transfers to or for the use of the surviving spouse is zero (0) percent (72 P.S. §9116 (a) (1.1) (ii)]. The statute does not exemot 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 twenty-0ne 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 zero (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 four and one-half (4.5) percent, except as noted in 72 P.S. §9116(1.2) (72 P.S. §9116(a)(1)j. The tax rate imposed on the net value of transfers to or for the use of the decedent's siblings is twelve (12) percent p2 P.S. §9116(a)(1.3)]. Asibling is defined, under Se~ion 9102, as an individual who has at least one parent in common with the decedent, whether by blood or adoption. REV-1610 EX + (8-98) COMMONWEALTH OF PENNSYLVANIA INHERITANCE TAX RETURN SCHEDULE G INTER•VIVOS TRANSFERS ~ MISC. NON-PROBATE PROPERTY ESTATE OF FILE NUMBER Marjorie L. Rumpf 21 11 1027 This schedule must be oompieted and filedrf the answer to any of questions 1 through 4 on the reverse side of the REV-1500 COVER SHEET Ls yes. ITEM NUMBER DESCRIPTION OF PROPERTY INCLUDE THE NAME OF7lffTRANSPEREE,THE1RRElATIONSHIPT00ECEDENTAND THE DATE aF TRANSFER. ATTACHACAPY OF THE DEED FOR REAL ESTATE. DATE OF DEATH VALUE OF ASSET %OFDECD'S INTEREST EXCLUSION QFaPPUCAeLE) TAXABLE VALUE ~, a secunties paya eon ea were mt fates savings bonds that were payable to Husband. The personal representative did not administer any property which is, was or may have been subject to Pennsylvania Inheritance Tax. A copy of the Will of the decedent is attached. TOTAL (Also enter on line 7 Recapitulation) ~ S (If more space is needed, insert additional sheets of the same size) REV-15f 3 EX + (9-00) SCHEDULE J COMMONWEALTH OF PENNSYLVANIA BENEFICIARIES INHERITANCE TAX RETURN RESIDENT DECEDENT ESTATE OF FILE NUMBER Marione L. Rumnf 21 11 1027 RELATIONSHIP TO DECEDENT AMOUNT OR SHARE NUMBER NAME AND ADDRESS OF PERSON(S) RECEIVING PROPERTY Do Not List Trustee(s) OF' ESTATE I TAXABLE DISTRIBUTIONS [indude o ht sppoousal distributions, and transfers under Sec. 91166 (~a (1.2)j 1. Robert H. Rumpf Spousal 59 Magaw Avenue Carlisle, PA 17015 ENTER DOLLAR AMOUNTS FOR DISTRIBUTIONS SHOWN ABOVE ON LINES 15 THROUGH 18, AS APPROPRIATE, ON REV-1500 COVER SHEET II. NON-TAXABLE DISTRIBUTIONS: A. SPOUSAL DISTRIBUTIONS UNDER SECTION 9113 FOR WHICH AN ELECTION TO TAXIS NOT BEING MADE 1. B. CHARITABLE AND GOVERNMENTAL DISTRIBUTIONS 1. TOTAL OF PART II -ENTER TOTAL NON-TAXABLE DISTRIBUTIONS ON LINE 13 OF REV-1500 COVER SHEET ; (If more space is needed, insert additional sheets of the same size) ~~%:: ~~ LAST WILL AND TESTAMENT I, MARJORIE L. RUMPF, of the Township of North Middleton, County of 46 ~~ WAYNE F. SHADE Attorney at Law 53 West Pomfret Street Carlisle, Pennsylvania 17013 Cumberland, Commonwealth of Pennsylvania, being of sound and disposing mind, memory and understanding, do make, publish and declare this as and for my Last Will and Testament, hereby revoking and making void. all former wills and codicils by me at ~ anytime heretofore made. FIRST. I order and direct that all my just debts and funeral expenses be paid by my personal representative or representatives, hereinafter named, as soon as conveniently may be done after my decease. SECOND. I give, devise and bequeath my interest in the real estate premises known and numbered as 51 Kenwood Drive, Carlisle, Cumberland County, Pennsylvania, and the contents thereof unto my husband, ROBERT H. RUMPF, if he survives me. If he should fail to survive me, I order and direct that the same be distributed as part of the residue of my estate. THIRD. In the event that my husband, ROBERT H. RUMPF, should fail to survive me, I give, devise and bequeath the residue of my Estate, real, personal and mixed, whatsoever and wheresoever situate unto ORRSTOWN BANK, of Carlisle, Pennsylvania, its successors or assigns, as Trustee in trust, to be held, administered and distributed in accordance with the terms and provisions of the residuary trust as set forth hereinbelow. ~.~ FOURTH. In the event that my husband, ROBERT H. RUMPF, should survive ~~ me, I give, devise and bequeath assets from my residuary estate to my husband, absolutely and in fee simple, valued as of the date allocated or distributed, selected by the Trustee, equal in value to an amount which, when added to the final estate tax value of all other property included in any gross estate which passes to my husband and which qualifies for the federal estate tax marital deduction, will entitle my Estate to the minimum federal estate tax marital deduction, allowable in determining the federal estate tax payable by 'reason of my death, necessary to reduce my taxable estate to an amount on which no federal estate tax is due and the federal unified credit available to my Estate is fully utilized; provided that the aforesaid devise and bequest to my husband shall be satisfied only from assets qualifying for the marital deduction. I give, devise and bequeath the remaining portion of my residuary estate, hereinafter referred to as the "Residuary Trust", to my husband, in trust, to be held, administered and distributed by the Trustee, as follows: A. PAYMENT AND DISTRII3UTION OF RESIDUARY TRUST Payment of Income and Principal to Husband (1) The Trustee shall pay to or apply for the benefit of my husband during his WAYNE F. SHADE Attorney at Law 53 West Pomfret Street Carlisle, Pennsylvania 17013 lifetime all of the net income of the Residuary Trust in monthly or in other convenient installments, but in no event less often than annu~illy. If at anytime in the discretion of the -2- .~ 9-5 Trustee my husband should be in need of additional funds for his proper maintenance and support, then the Trustee, in addition to the income payments hereinabove provided, shall in the discretion of the Trustee pay to or apply for the benefit of my husband such amounts from the principal of the Residuary Trust, up to the whole thereof, as the Trustee ~ from time to time may deem advisable. Division of Trust Estate (2) On the death of my husband, the Trustee shall distribute the trust assets of the Residuary Trust unto my children, REBECCA A. MOVER, FREDERICK H. RUMPF and THOMAS A. RUMPF, in equal shares. If any of my children should fail to survive me, I order and direct that the Trustee shall administer and distribute his or her share to such of my issue who shall survive me, in equal shares, by representation and not per capita, under the terms of this Residuary Trust. In such event, each share shall constitute and be held, administered and distributed by the Trustee as a separate Trust. Distribution of Trust Estate (3) The Trustee shall apply and distribute the net income and principal of each of the shares of the trust estate, as follows: (a) Until a beneficiary shall reach the age of twenty-five (25) years, the Trustee shall pay to or apply for the benefit of the WAYNE F. SHADE Attorney at Law 53 West Pomfret Street Carlisle, Pennsylvania 17013 beneficiary in monthly or other convenient installments so much of -~- •~ the net income from his or her share of the trust estate, up to the whole thereof, as the Trustee in its discretion deems advisable for the beneficiary's proper care, support, maintenance and education. At the end of each year the Trustee shall accumulate and add to the principal of each beneficiary's share of the trust estate the balance, if any, of the said net income. (b) When a beneficiary shall attain the age of twenty-five (25) years, the Trustee shall distribute to such beneficiary all of the balance of his or her share of the trust estate. (c) If at anytime in the discretion of the Trustee, a beneficiary shall be in need of funds for his or her proper care, support, maintenance and education, the Trustee shall in its discretion, in addition to the payments hereinabove prop ided, pay to or apply for the benefit of such beneficiary such a~nou~its from the principal of his or her share of the trust estate, up to the whole thereof, as the Trustee may from time to time deem advisable. (d) If any beneficiary for whom a share of the trust estate has WAYNE F. SHADE Attorney at Law 53 West Pomfret Street Carlisle, Pennsylvania 17013 been set aside should fail to survive to distribution of the full balance of his or her trust estate, then on the death of such beneficiary, the -~- .~ Trustee shall distribute all of the balance of such deceased beneficiary's share of the trust estate to his or her surviving issue, if any, in equal shazes, by representation and not per capita. If there should be no surviving issue, then all of the balance of such deceased °~ beneficiary's shaze of the trust estate shall be added equally to the shares and partial shares set aside for the benefit of my other children and the issue of any deceased child of mine. As to distribution to the share of a previously deceased child, it shall be by representation and ~~ r~ not per capita. Maximum Duration of Trust (4) All of the Trusts established herein shall in any event terminate on the expiration of twenty-one (21) years after the death of the last survivor of all my children in being at the time of my death. Definitions (5) The following terms, as used in this my Last Will and Testament, shall be defined, as follows: (a) The term "children" as it applies to my children, includes REBECCA A. MOYER, FREDERICK H. RUMPF and THOMAS WAYNE F. SHADE Attorney at Law 53 West Pomfret Street Carlisle, Pennsylvania 17013 A. RUMPF. -5- •4 (b) The term "issue" means lawful blood descendants in any degree of consanguinity of the ancestor designated, and includes any persons who may be adopted by final decree of adoption by my issue at my date of death. The inclusion oi'remote descendants in the definition of issue shall not be construed to include such remote descendants in distribution that is directed by representation where there are descendants in their line of descent within closer degrees of consanguinity. (c) All references to the "Trust" or the "trust estate" unless otherwise specifically provided herein, refer, in the event of separate Trusts herein, to each of the separate Trusts herein provided, respectively, and the trust estate of each Trust. (d) The term "education" includes both college and post- WAYNE F. SHADE Attorney at Law 53 West Pomfret Street Carlisle, Pennsylvania 17013 graduate study at any accredited institution of the beneficiary's choice for any period of time that in the judgment of the Trustee is advantageous to the beneficiary; the "('rustee shall provide adequate amounts for all related living and travel expenses of the beneficiary within reasonable limits. -6- ~b Beneficiaries' Other Means of Support (6) The Trustee in exercising its discretio~iary authority with respect to the payment of income or principal of the trust estate to any beneficiary shall take into consideration any income or other resources available to such beneficiary from sources outside of this Trust that may be known to the Trustee. The Trustee may accept as final and conclusive the written statement of the beneficiary receiving payment as to other available income or resources. The determinatio~i of the Trustee with respect to the advisability of making payments out of income or principal to any beneficiary shall be conclusive on all persons interested in the Trust. Benefits to Guardian and Family r~ (7) The Trustee is hereby specifically authorized to distribute to any person nominated in this my Last Will and Testament and serving as Guardian of the person of any beneficiary of this Trust until the beneficiary shall reach the age of eighteen (18) years to utilize such funds from this Trust as are reasonably necessary to offset any economic burdens occasioned to the Guardian by virtue of acting in such capacity. Incapacity of Beneficiary (8) If at anytime any beneficiary entitled to receive income or principal from the WAYNE F. SHADE Attorney at Law 53 West Pomfret Street Carlisle, Pennsylvania 17013 trust estate shall be a minor or an incapacitated person or a person whom the Trustee shall ..7- deem unable to handle funds properly or wisely if paid directly to the beneficiary, the WAYNE F. SHADE Attorney at Law 53 West Pomfna Street Carlisle, Pennsylvania 17013 I Trustee•in its discretion may make payments in a~iy one or more of the following ways: (a) Directly to the beneficiary; (b) To the natural guardian or legally appointed guardian of the person or estate of the beneficiary ; or (c) By making expenditures directly for the care, support, maintenance or education of the beneficiary. The Trustee shall not be required to see to the application of any funds paid or applied in any of the aforementioned ways and the receipt of the payee shall be full acquittance to the Trustee. The decision of the Trustee as to which of the aforementioned methods should be used in making payments shall be conclusive and binding on all parties concerned. Undistributed Payments to Succeeding Beneficiary (9) Upon termination of the right of any beneficiary to receive payments from net income or principal hereunder, all such payr-nents accrued or undistributed by the Trustee at the date of such termination shall be distributed to the beneficiary next entitled to the successive interest by the terms of this my Last V1~i11 and Testament. ..g- Conflicting Claims (~0) Whenever there are conflicting claims as to the person entitled to any x payment or distribution from the trust estate, the "Crustee may in its discretion withhold without payment of interest all or any part of any disputed payment or distribution until the matter has been finally adjudicated by the appropriate court. Alienation and Attachment of Beneficiary's Interest (11) No beneficiary or remainderman of any Trust shall have any right or power, except as otherwise specified, to sell, transfer, assign, pledge, mortgage, alienate or hypothecate his or her interest in the principal or income of the trust estate in any. manner ~ whatsoever. To the fullest extent of the law, the interest of each and every beneficiary ~ and remainderman shall not be subject to the claims of any of his or her creditors or liable ~ to attachment, execution, bankruptcy proceedings or any other legal process. The Trustee ~ shall pay, disburse and distribute principal and income of the trust estate only in the 'I manner provided for in this my Last Will and Testament and not on any attempted transfer or assignment, whether oral or written, o f any beneficiary or remainderman or by ~ operation of law. Distribution of Trust Assets by Executor (12) If on termination of the administration of my probate estate there has been no WAYNE F. SHADE Attorney at Law 53 West Pomfret Street Carlisle, Pennsylvania 17013 ,distribution in trust to the Trustee and events have occurred which would require the •-9- Trustee under the terms of this my Last Will and Testament to make immediate °~ distribution of my entire estate, my personal representative shall perform all of the acts necessary to complete such distribution and for that purpose shall have all the powers ~ granted herein to the Trustee. B. GENERAL ADMINISTRATIVE POWERS OF THE TRUSTEE In order to carry out the purposes of any Trust established in this my Last Will and Testament, the Trustee, in addition to all other powers and discretions granted herein or by law, shall have the following powers and discretions, subject to any limitations ~ specified elsewhere herein: Retain Assets (1) To continue to hold any and all property received by the Trustee or WAYNE F. SHADE Attorney at Law 53 West Pomfret Street Carlisle, Pennsylvania 17013 subsequently added to the trust estate or acquired pursuant to proper authority including shares of Trustee's own stock and stock in any corporation controlling, controlled by or under common control with the Trustee if and as long as the Trustee, in exercising reasonable prudence, discretion and intelligence, shall consider that the retention is in the best interests of the Trust; provided, however, that unproductive property shall not be retained as an asset of the Trust for more thin a reasonable time during the lifetime of my husband without the written consent of my husband. -~ ~- Investments (2) To invest and reinvest in every kind of property, real, personal or mixed, and .~ WAYNE F. SHADE Attorney at Law 53 West Pomfret Street Carlisle, Pennsylvania 17013 every kind of investment, specifically including, but not by way of limitation, corporate obligations of every kind, and stocks, preferred or common, which persons of prudence, I discretion and intelligence acquire for their own <<ccounts, including any common trust fund administered by the Trustee pursuant to the Uniform Common Trust Fund Act. Management of Securities (3) To exercise, respecting securities held in the trust estate, all the rights, powers and privileges of an owner, including, but nut limited to, the powers to vote, give proxies and pay assessments and other sums deemed by the Trustee necessary for the protection of the trust estate; to participate in voting tn~sts, pooling agreements, foreclosures, reorganizations, consolidations, mergers anct liquidations, and in connection therewith, to deposit securities with and transfer title to any protective or other committee under such terms as the Trustee may deem advisable; to exercise or sell stock subscription or conversion rights; and to accept and retain as an investment any securities or other property received through the exercise of any of the foregoing powers, regardless of any limitations elsewhere in this instrument relative tc) investments by the Trustee. ~~ Form of Ownership of Trust Property (4) To hold securities or other trust property in the name of the Trustee as Trustee I under each Trust or in the Trustee's own name or in the name of a nominee or under such conditions where ownership will pass by delivery. Business Interests (5) To continue and operate, to sell or to liquidate, as the Trustee shall deem advisable at the risk of the trust estate, any business or partnership interests received by the trust estate; provided, however, that unproductive property shall not be retained as an asset of the Trust for more than a reasonable time during the lifetime of my husband without the written consent of my husband. Sell and Exchange (6) To sell for cash or on deferred payments at public or private sale, to exchange and to convey any property of the trust estate. Division of Trust Estate (7) On any division of the trust estate into separate shares or trusts, to apportion WAYNE F. SHADE Attorney at Law 53 West Pomfret Street Carlisle, Pennsylvania ~ 17013 and allocate the assets of the trust estate in cash ar in kind, or partly in cash and partly in kind, or in undivided interests in the manner deemed advisable in the discretion of the Trustee; after any division of the trust estate, the 'T'rustee may make joint investments with -~ 2- r~ r~ funds from some or all of the several shares or Trusts, but the Trustee shall keep separate ~ accounts for each share or Trust. Abandonment of Trust Assets (8) To abandon any trust asset or interest therein in the discretion of the Trustee. Option (9) To .grant an option involving disposition of a trust asset and to take an option for the acquisition of any asset by the trust estate. Lease (10) To lease any real or personal property of the trust estate for any purpose for terms within or extending beyond the duration of any Trust. Property Management (11) To manage, control, improve and repair real and personal property belonging to the trust estate. Development of Property (12) To partition, divide, subdivide, assign, develop and improve any trust WAYNE F. SHADE Attorney at Law 53 West Pomfret Street Carlisle, Pennsylvania 17013 property; to make or obtain the vacation of plats rind adjust boundaries or to adjust differences in valuation on exchange or partition by giving or receiving consideration; and to dedicate land or easements to public use w ith or without consideration. -~~- Repair, Alter, Demolish and Erect (13) To make ordinary and extraordinary repairs and alterations in buildings or other trust property, to demolish any improvements, to raze party walls or buildings and to erect new party walls or buildings as the Trustee shall deem advisable. Borrowing and Encumbering T6 (14) To borrow money for any trust purpose from any person, firm or corporation, including one acting as Trustee hereunder, ~on the terms and conditions deemed appropriate by the Trustee and to obligate the trust estate for repayment; to encumber the trust estate or any of its property by mortgage, deed of trust, pledge or otherwise, using whatever procedures to consummate the trar>Isact~on deemed advisable by the Trustee; and to replace, renew and extend any encumbrance and to pay loans or other obligations of the trust estate deemed advisable by the Trustee. Natural Resources (15) To enter into oil, gas, liquid or gaseous hydrocarbon, sulphur, metal and any WAYNE F. SHADE Attorney at Law 53 West Pomfret Street Carlisle, Pennsylvania 17013 and all other natural resource leases on terms deemed advisable by the Trustee, and to enter into any pooling, unitization, repressurization, community and other types of agreements relating to the exploration, development, operation and conservation of properties containing minerals or other natural resources; to drill, mine and otherwise -14- ~~ r~ operate for the development of oil, gas and other minerals; to contract for the installation and operation of absorption and repressuring plans; and to install and maintain pipelines. Insurance (16) To procure and carry at the expense of the trust estate insurance of the kinds, forms and amounts deemed advisable by the Trustee to protect the trust estate and the Trustee against any hazard. Enforcement of Obligations (17) To enforce any deed of trust, mortgage or pledge held by the trust estate and to purchase at any sale thereunder any property subject to any such obligation. Extending Time of Payment of Obligations (18) To extend the time of payment of anv note or other obligation held in the ~ trust estate, including accrued or future interest, in the discretion of the Trustee. Adjustment of Claim (19) To compromise, submit to arbitration, release with or without consideration, or otherwise adjust claims in favor of or against the trust estate. Litigation (20) To commence or defend at the expense of the trust estate any litigation WAYNE F. SHADE Attorney at Law 53 West Pomfret Street Carlisle, Pennsylvania 17013 affecting each Trust or any property of the trust estate deemed advisable by the Trustee. -~ 5- Administration Expenses (21) To pay all taxes, assessments, compensation of the trustee and all other expenses incurred in the collection, care, administration and protection of the trust estate. Employment of Attorneys, Advisers and Other Agents (22) To employ any attorney, investment adviser, accountant, broker, tax .~ ,~ specialist, appraiser or any other agent deemed necessary in the discretion of the Trustee; and to pay from the trust estate reasonable compensation for all services performed by any of them. Termination by Trustee of Small Trust (23) To terminate in the discretion of the 'Trustee any separate Trust held for an income beneficiary and remainderman if the fair market value of the separate Trust at anytime shall become less than $10,000 and, regardless of the age of the income beneficiary, to distribute the principal and any accrued or undistributed net income to the income beneficiary, or unto his or her guardian or other fiduciary. Distribution (24) On any partial or final distribution of~the trust estate, to apportion and WAYNE F. SHADE Attorney at Law 53 West Pomfret Street Carlisle, Pennsylvania 17013 allocate the assets of the trust estate in cash or in kind, or partly in cash and partly in kind, or in undivided interests in the manner deemed advisable at the discretion of the Trustee and to sell any property deemed necessary by the Trustee to make the distribution. -16- General (25) To do all the acts, to take all the proceedings and to exercise all the rights, .~ J powers and privileges which an absolute owner of the property would have, subject always to the discharge of its fiduciary obligations; the enumeration of certain powers herein shall not limit the general or implied powers of the Trustee; the Trustee shall have all additional powers that may now or hereafter be conferred on it by law or that may be necessary to enable the Trustee to administer each Trust in accordance with the provisions of this my Last Will and Testament, subject to any limitations specified herein. Powers Inconsistent with Marital Deduction (26) None of the powers or discretions granted in any provision in this Will to the Trustee shall be exercised in a manner inconsistent with the allowance of the federal estate tax marital deduction, to which my Estate would otherwise be entitled, regardless of any provision herein to the contrary. C. OPERATIONAL PROVISIONS Determination of Income and Principal (1) Subject to the right of my husband to give controlling directions, the Trustee WAYNE F. SHADE Attorney at Law 53 West Pomfret Street Carlisle, Pennsylvania 17013 shall have power to allocate receipts, disbursements and losses to principal or to income, in accordance with generally accepted accot~ntin~; practices. However, the Trustee shall make no allocation of any receipt to princip~il or <<ny disbursement to income if such -~ 7- ~~~ allocation would result in my husband's receiving. less income from the Marital Trust or legacy and residuary trust than that to which he otherwise would be entitled under Pennsylvania law if there were no provision in this instrument dealing with such allocations. Trustee's Fees (2) The Trustee shall receive reasonable fees for the ordinary and extraordinary services rendered by it in accordance with its customary charges therefor. Waiver of Trustee's Bond (3) No bond for the faithful performance of duties shall be required of any person named in this Will as Trustee. Choice of I,aw (4) The validity and administration of any Trust established herein and all questions relating to the construction or interpret~ition of any such Trust shall be governed by the laws of the Commonwealth of Pennsylvania in effect as of the date hereof. FIFTH. All estate, inheritance and succession taxes, together with any interest WAYNE F. SHADE Attorney at l.aw 53 West Pomfret Street Carlisle, Pennsylvania 17013 and penalties thereon, payable.as a result of my death and imposed with respect to any property, whether or not disposed of by this Will, shall be paid out of the Residuary Trust set forth hereinabove. - ~ 8- SIXTH. If any beneficiary or remainderman under this my Last Will and Testament shall in any manner, directly or indirectly, contest or attack this my Last Will and Testament or any of its provisions, without being able to establish probable cause therefor, any share or interest in my Estate or in the estate of any Trust established herein and given to that contesting beneficiary or remainderman herein is hereby revoked and shall be distributed in the same manner provided herein as if that contesting beneficiary or remaindenman had predeceased me without issue. The act or conduct of anyone related, by blood or marriage or adoption, to the beneficiary or remainderman as above shall be deemed to be the act of the beneficiary or remainderman. SEVENTH. For the purposes of this my Last Will and Testament, a person shall not be deemed to have survived me unless he or she shall have survived me by more than ninety (90) days. LASTLY. I nominate, constitute and appoint my husband, ROBERT H. RUMPF, WAYNE F. SHADE Attorney at LaW 53 West Pomfret Street Carlisle, Pennsylvania 17013 to be the Executor of this my Last Will and 'Testament, but if, for any reason, he should fail to qualify as such Executor or decline or cease so to serve, I nominate, constitute and appoint my children, FREDERICK H. RUMPF, REBECCA A. MOVER and THOMAS A. RUMPF, as successive alternate personal representatives hereof, all to serve without bond. -19- IN WITNESS WHEREOF, I, MARJORIE L. RUMPF, have hereunto set my hand and seal to this, my Last Will and Testament which consists of twenty-two (22) typewritten pages to each of which I have affixed my signature, this 3rd day of May , A.D. Two Thousand Seven (2007). ~---~ - / ~i (SEAL) Marjorie L. Rumpf The preceding instrument, consisting of this and twenty-one (21) other typewritten pages, each identified by the signature of the Testatrix, was on the date thereof signed, sealed, published and declared by MARJORIE L. RUMPF, the Testatrix, therein named, as her Last Will and Testament, in the presence of us, who, at her request, in her presence, and in the presence of each other, have subscribed our names as witnesses hereto. WAYNG F. SHADE Attorney at Law 53 West Pomfret Street Carlisle, Pennsylvania 17013 -Z~- Acknowledgment COMMONWEALTH OF PENNSYLVANIA ) SS: COUNTY OF CUMBERLAND ) I, MARJORIE L. RUMPF, the person whose name is signed to the foregoing instrument, having been duly qualified according to law, do hereby acli:,nowledge that I signed and executed the instrument as my Last Will and Testament and that I signed it willingly and as my free and voluntary act for the purposes therein expressed. Sworn ~o or affirmed and acknowledged before me by MARJORIE L. RUMPF, this 3rd day of May , 2007. M .lorie L. Rumpf C~ ~~- Not~~ry Publ' C171NNlOYW~LTH OF pfNNSYW/~IA ~ONN~ ~ ~ SEAS Carlisle N0~' Public M ~ommISSl~a~l Expres~ C 5n~ WAYNE F. SHADE Attorney at Law 53 West Pomfret Street Carlisle, Pennsylvania 17013 Affidavit COMMONWEALTH OF PENNSYLVANIA ) SS: COUNTY OF CUMBERLAND ) We, Wayne F. Shade and Helen H. Shade ,the witnesses whose names are signed hereto, being duly qualified according to law, do depose and say that we were present and saw the Testatrix sign and execute the instrument as her Last Will and Testament; that the Testatrix signed willingly and executed it as her free and -21- g~ voluntary act for the purposes therein expressed; that each subscribing witness in the hearing and sight ofthe Testatrix signed the Will as a witness; and, that to the best of our knowledge, the Testatrix was at that time eighteen or more years of age, of sound mind and under no constraint or undue influence. Sworn to or affirmed and subscribed to before me by Wayne F . Shade and Helen H. Shade ,witnesses, this _3xd day of May , 2007. i/i ~ /- --~ - y~,~ /.- ~~ Notary Pu lie ~'~MMO?~WEALTH OF PENNSYLVANIA NOTARIAL SEAL CONNIE J. TRITT, Notary public Calliissle t3oln., Currltrerlanti Coup, M Commission Expires ~Ctaber 5, 2008 WAYNE F. SHADE Attorney at Lavr 53 West Pomfret Street Carlisle, Pennsylvania 17013 -22-