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Home My WebLink About02-17-121505610143 REV-1500 Ex io,_,o, PA Department of Revenue pennsylvania OFFICIAL USE ONLY Bureau of Individual Taxes DEFARTMENTOFREVENUE County Code Year File Number Po Box.2aoso~ INHERITANCE TAX RETURN 21 11 Harrisburg, PA 17128-0601 RESIDENT DECEDENT 0847 ENTER DECEDENT INFORMATION BELOW Social Security Number Date of Death Date of Birth 193 36 2573 07 24 2011 11 10 1922 Decedent's Last Name Suffix Decedent's First Name PREDMORE BERNICE (If Applicable) Enter Surviving Spouse's Information Below Spouse's Last Name Suffix Spouse's First Name Spouse's Social Security Number THIS RETURN MUST BE FILED IN DUPLICATE WITH THE REGISTER OF WILLS FILL IN APPROPRIATE OVALS BELOW X J 1 Original Return ~, 2. Supplemental Return 3 Remainder Return (date of death prior to 12-13-82) 4. Limited Estate -~ qa Future Interest Compromise S. Federal Estate Tax Return Re cared (date of death after 12-12-82) ~ _ ~; q LX~ g Decedent Died Testate l (Attach Copy of WI[) I_XJ ~ Decedent Maintained a Living Trust 0 (Attach Copy of Trust) -_ 8. Total Number of Safe Deposit Boxes 9. Litigation Proceeds Received ~J 10, Spousal PovertY Credit ((date of death between,2-31-~J, and 1'-,-95) ~ 11. Election to tax under Sec. 9113(A) (Attach Sch. O) MI M MI CORRESPONDENT -THIS SECTION MUST BE COMPLETED. ALL CORRESPONDENCE AND CONFIDENTIAL TAX INFORMATION SHOULD BE DIRECTED TO: Name Daytime Telephone Number JAMES W APPEL 717 394 0521 First line of address 33 NORTH DUKE STREET Second line of address City or Post Office LANCASTER State PA ZIP Code 176022842 -;- ; € C.-~ ~, r'_ ~_ ~ r ~.~ Correspondent's a-mail address: 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 information of which preparer has any knowledge. S TURE QF PER N Fj€SP~d70SIBLE FOR FILING f2F7uRrv JUDITH ANN SOMERICK _3323 Sylvan Drive Thorndale, PA 19372-1217 ~ ~ /~ ~ SIGNATURE OF PREPARER OTHE THAN REPRESENTATIVE ~~7_ DATE ~-•-- ~C~ ~.,~ James W Appel ADDRESS ~ ~~~~`I a 33 North Duke Street, Lancaster, PA 17602-2842 Side 1 1505610143 1505610143 J ;~ >~~~ REGISTER OF W.JSE ONL-'"f5 ' O a7 -~ te- fs"t 1;~ r r ~' ~ _ - ..ri ~~ ~ , _ ~3 ~ f` J ~ DATE FILED C..`E „~ ,. .~ ~~ PA Inheritance Tax Return Signature of Additional Fiduciaries ESTATE OF I 11 11 0847BER PREDMORE, BERNICE 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 information of which preparer has any knowledge. Signature #2 Name Address1 Address2 City, State, Zip Date J/, MARTHA FRANCES MacADAM 1 Tepee Circle Conestoga, PA 17516-9510 /G ~~6 aola J 15D561D243 REV-1500 EX oecedanrs Name PREDMORE, BERNICE M. RECAPITULATION 1. Real Estate (Schedule A) ....................................................................................... 1. 2. Stocks and Bonds (Schedule B) ............................................................................. 2. 3. Closely Held Corporation, Partnership or Sole-Proprietorship (Schedule C)......... 3. 4. Mortgages & Notes Receivable (Schedule D) ....................................................... 4. 5 Cash, Bank Deposits & Miscellaneous Personal Property (Schedule E) . .......... 5. 6. Jointly Owned Property (Schedule F) ~__; Separate Billing Requested............ 6. 7. Inter-Vivos Transfers & Miscellaneous i nn,-Probate Property (Schedule G) `~ Separate Billing Requested............ 7. g. Total Gross Assets (total Lines 1-7) ..................................................................... g. 9. Funeral Expenses & Administrative Costs (Schedule H) ....................................... 9. 10. Debts of Decedent, Mortgage Liabilities, & Liens (Schedule I).._ .. ..__ .. _ ._ 10. 11. Total Deductions (total Lines 9 & 10) ........................ ........ ............ ........ 11. 12. Net Value of Estate (Line 8 minus Line 11) ........................................................ 12. 13. Charitable and Governmental Bequests/Sec 9113 Trusts for which an election to tax has not been made (Schedule J) ............................................... 13. 14. Net Value Subject to Tax (Line 12 minus Line 13) ............................................... 14. TAX COMPUTATION -SEE INSTRUCTIONS FOR APPLICABLE RATES 15. Amount of Line 14 taxable at the spousal tax rate, or transfers under Sec. 9116 (a)(1.2) X .00 15. 16. Amount of Line 14 taxable 165 950.2 6 16. , at lineal rate X .045 17 Amount of Line 14 taxable 0 0 0 17 . at sibling rate X .12 . 18. Amount of Line 14 taxable at collateral rate X .15 0 . 0 0 18. 19. Tax Due ................................................................................................................. . 19. 20. FILL IN THE OVAL IF YOU ARE REQUESTING A REFUND OF AN OVERPAYMENT. Decedent's Social Security Number 193 36 2573 6,455.04 9,417.60 13,892.78 13,354.12 142,000.00 185,119.54 17,833.12 1,336.16 19,169.28 165,950.26 165,950.26 0.00 7,467.76 0.00 0.00 7,467.76 Side 2 15D561D243 150561D243 J REV-1500 EX Page 3 File Number 21-11-0847 Decedent's Complete Address: DECEDENT'S NAME PREDMORE, BERNICE M. - _ _ _ STREET ADDRESS 1709 Sherwood Road -_ _ _ CITY ~-STATE ~' ZIP New Cumberland PA ~~ 17070-1455 Tax Payments and Credits: 1. Tax Due (Page 2, Line 19) 2. Credits/Payments A. Prior Payments B. Discount 7,267.50 373.39 (1) 3. Interest 4. If Line 2 is greater than Line 1 + Line 3, enter the difference. This is the OVERPAYMENT. Check box on Page 2 Line 20 to request a refund 5. If Line 1 + Line 3 is greater than Line 2, enter the difference. This is the TAX DUE. Total Credits (A + B) (2) (3) (4) (5) Make Check Payable to: REGISTER OF WILLS, AGENT. 7,467.76 7,640.89 173.13 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 :............................................................................... z] ~~ b. retain the right to designate who shall use the property transferred or its income :.................................. ~ ~I c. retain a reversionary interest; or ................................._........................................................................... [~ ~____' d. receive the promise for life of either payments, benefits or care? ................................................. _... ~~ '' 2. If death occurred after December 12, 1982, did decedent transfer property within one year of death without receiving adequate consideration? ....................... ................_........_............................._.........................._. ~ !, x' 3. Did decedent own an "in trust for" or payable upon death bank account or security at his or her death?.. _ . ', x 4. Did decedent own an Individual Retirement Account, annuity, or other non-probate property which contains a beneficiary designation?...._ ......................................__......._........................................................ I_ ., x_ IF THE ANSWER TO ANY OF THE ABOVE QUESTIONS IS YES, YOU MUST COMPLETE SCHEDULE G AND FILE IT AS PART OF THE RETURN. For dates of death on or after July 1, 1994 and before Jan. 1, 1995, the tax rate imposed on the net value of transfers to or for the use of the surviving spouse is 3 percent [72 P.S. §9116 (a) (1.1) (i)]. For dates of death on or after January 1, 1995, the tax rate imposed on the net value of transfers to or for the use of the surviving spouse is 0 percent [72 P.S. §9116 (a) (1.1) (ii)]. The statute does not exempt a transfer to a surviving spouse from tax, and the statutory requirements for disclosure of assets and filing a tax return are still applicable even if the surviving spouse is the only beneficiary. For dates of death on or after July 1, 2000: • The tax rate imposed on the net value of transfers from a deceased child 21 years of age or younger at death to or for the use of a natural parent, an adoptive parent, or a stepparent of the child is 0 percent [72 P.S. §9116 (a) (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)]. A sibling is defined under Section 9102, as an individual who has at least one parent in common with the decedent, whether by blood or adoption. Rev-1503 EX+j6-98) SCHEDULE B I STOCKS & BONDS COMMONN/EALTH OF PENNSYLVANIA INHERITANCE TAX RETURN RESIDENT DECEDENT ESTATE OF FILE NUMBER PREDMORE, BERNICE M. 21-11-0847 All property jointly-owned with right of survivorship must be disclosed on Schedule F. ITEM NUMBER CUSIP NUMBER DESCRIPTION UNIT VALUE VALUE AT DATE OF DEATH 1 384 shares of Manulife Financial Corporation 16.81 6,455.04 TOTAL (Also enter on Line 2, Recapitulation) 6,455.04 (If more space is needed, additional pages of the same size) Copyright (c) 2002 form software only The Lackner Group, Inc. Form PA-1500 Schedule B (Rev. 6-98) Rev-1507 EX+(6-98) SCHEDULE D m MORTGAGES & NOTES RECEIVABLE COMMONWEALTH OF PENNSYLVANIA INHERITANCE TAX RETURN RESIDENT DECEDENT ESTATE OF (FILE NUMBER PREDMORE, BERNICE M. 21-11-0847 All property jointly-owned with right of survivorship must be disclosed on Schedule F. (If more space is needed, additional pages of the same size) Copyright (c) 2002 form software only The Lackner Group, Inc. Form PA-1500 Schedule D (Rev. 6-98) Rev-1508 EX+t6-98) COMMONWEALTH OF PENNSYLVANIA INHERITANCE TAX RETURN RESIDENT DECEDENT SCHEDULE E CASH, BANK DEPOSITS, & MISC. PERSONAL PROPERTY ESTATE OF (FILE NUMBER PREDMORE, BERNICE M. 21-11-0847 Include the proceeds of litlgatlon and the date the proceeds were received by the estate All property jointly-owned with the right of survivorship must be disclosed on schedule F. ITEM NUMBER DESCRIPTION VALUE AT DATE OF DEATH 1 Homesteaders Life Company -refund burial insurance 568.45 2 John Hancock Life Insurance -premium refund 448.12 3 John Hancock Life Insurance -medical reimbursement 6.08 4 John Hancock Life Insurance -long-term care payment 1,540.05 5 Mellon Certified Restoration -deductible for water damage to residence 500.00 6 Oak Life Manor -refund 6,355.00 7 PA Dept. of Revenue -unclaimed property - Manulife Financial dividends 36.63 8 Proceeds 67 shs. Prudential Financial Corp. -stock sold before death, proceeds received 4,105.34 after death 9 USAA -balance due on water mitigation 333.11 TOTAL (Also enter on Line 5, Recapitulation) I 13,892.78 (If more space is needed, additional pages of the same size) Copyright (c) 2002 form software only The Lackner Group, Inc. Form PA-1500 Schedule E (Rev. 6-98) Rev-1509 EX+(6-98) SCHEDULE F JOINTLY-OWNED PROPERTY COMMONWEALTH OF PENNSYLVANIA INHERITANCE TAX RETURN RESIDENT DECEDENT ESTATE OF FILE NUMBER PREDMORE, BERNICE M. 21-11-0847 If an asset was made joint within one year of the decedent's date of death, it must be reported on schedule G. SURVIVING JOINT TENANT(S) NAME ADDRESS RELATIONSHIP TO DECEDENT A. JUDITH ANN SOMERICK 3323 Sylvan Drive Daughter Thorndale, PA 19372-1217 B. MARTHA P. MacADAM 1 Tepee Circle Daughter Conestoga, PA 17516-9510 C. ELIZABETH M. PATTERSON 4908 Franklin Street Daughter Harrisburg, PA 17111 JOINTLY OWNED PROPERTY: ITEM NUMBER FOR JOINT TENANT MADE JOINT DESCRIPTION OF PROPERTY INUMBDER OR SEMILARNDENTIFYINGINUMBERAATTACHKDEEDOFOR JOINTLY-HELD REAL ESTATE. DATE OF DEATH VALUE OF ASSE % OF DECD'S INTEREST DATE OF DEATH DECEDENTUS NTEREST 1 C 06/0512000 Metro Bank Checking Account #513204669 2,711.72 50.000% 1,355.86 2 C 07131/2007 Metro Bank Money Market Account 6,343.41 50.000% 3,171.71 #537809295 3 A & B 02/1612007 PNC Bank Checking Account #5140050483 4,994.16 50.000% 2,497.08 4 A & B 03/30/2007 PNC Bank Money Market Account 12,658.94 50.000% 6,329.47 #5005034296 TOTAL (Also enter on Line 6, Recapitulation) I 13,354.12 (If more space is needed, additional pages of the same size) Copyright (c) 2002 form software only The Lackner Group, Inc. Form PA-1500 Schedule F (Rev. 6-98) Rev-1510 EX+ (6-98) SCHEDULE G ` INTER-VIVOS TRANSFERS & MISC. NON-PROBATE PROPERTY COMMONWEALTH OF PENNSYLVANIA INHERITANCE TAX RETURN RESIDENT DECEDENT ESTATE OF (FILE NUMBER PREDMORE, BERNICE M. 21-11-0847 This schedule must be completed and filed if the answer to any of questions 1 through 4 on the reverse side of the REV-1500 COVER SHEET is yes. ITEM NUMBER DESCRIPTION OF PROPERTY THE DADTE OF TRANSFER SATTACH A COPYEOF TIOHE DEED ~OR REAL. ESTATDE DATE OF DEATH VALUE OF ASSET r of DecD s INTEREST ExausloN (IF APPLICABLE) TAXABLE VALUE Bernice M. Predmore Trust u/a dtd. 07106/1995 -which contains the following real estate: 1 Residential real estate located at 1709 Sherwood 142,000.00 142,000.00 Road, New Cumberland, Cumberland County, Pennsylvania TOTAL (Also enter on Line 7, Recapitulation) (If more space is needed, additional pages of the same size) Copyright (c) 2002 form software only The Lackner Group, Inc. 142,000.00 Form PA-1500 Schedule G (Rev. 6-98) REV-1151 EX+I10-06) gCHEDULE H FUNERAL EXPENSES & COMMONWEALTH OFgqPXxENNSU~JYLVANIA ~N RESIDENTEDECEDENTRN ADMINISTRATIVE COSTS ESTATE OF FILE NUMBER PREDMORE, BERNICE M. 21-11-0847 Debts of decedent must be reported on Schedule I. ITEM DESCRIPTION AMOUNT NUMBER q, FUNERAL EXPENSES: See continuation schedule(s) attached ~ 10,253.68 B. ADMINISTRATIVE COSTS: 1. Personal Representative's Commissions Name of Personal Representative(s) Street Address City State Zio Year(sl Commission Daid 2. Attorney's Fees See continuation schedule(s) attached 3, Family Exemption: (If decedent's address is not the same as claimant's, attach explanation) Claimant 4, 500.00 Street Address City State Zip Relationship of Claimant to Decedent 4. Probate Fees 143.50 See continuation schedule(s) attached 5. Accountant's Fees 6. Tax Return Preparer's Fees 7. Other Administrative Costs 2,935.94 See continuation schedule(s) attached TOTAL (Also enter on line 9, Recapitulation) 17,833.12 Copyright (c) 2009 form software only The Lackner Group, Inc. Form PA-1500 Schedule H (Rev. 10-06) SCHEDULE H FUNERAL EXPENSES AND ADMINISTRATIVE COSTS continued ESTATE OF (FILE NUMBER PREDMORE, BERNICE M. 21-11-0847 ITEM NUMBER DESCRIPTION AMOUNT Funeral Ex ep nses 1 Gullifty's Restaurant -funeral luncheon 2 Prathemore Funeral Home Inc. -balance due Attorney Fees 3 Appel ~ Yost LLP -legal fee H-A H-B2 Probate Fees 4 Appel & Yost LLP -costs advanced, probate filing fee -Cumberland County Register of Wills H-B4 Other Administrative Costs 5 Appel & Yost LLP -costs advanced -Lancaster County Register of Wills -filing fee for Oath of Executors 6 Appel & Yost LLP -reserve 7 Appel & Yost LLP -cost advanced, Cumberland County Register of Wills -filing fee PA Inheritance Tax Return 8 Appel & Yost LLP -cost advanced, Cumberland County Register of Wills -filing fee Inventory 9 Cropf Bros., Inc. -sump pump for water in basement 398.56 9,855.12 10, 253.68 4,500.00 4,500.00 143.50 143.50 20.00 200.00 15.00 15.00 129.00 Copyright (c) 2002 form software only The Lackner Group, Inc. Form PA-1500 Schedule H (Rev. 6-98) SCHEDULE H FUNERAL EXPENSES AND ADMINISTRATIVE COSTS continued ESTATE OF PREDMORE. BERNICE M. FILE NUMBER 21-11-0847 ITEM NUMBER DESCRIPTION AMOUNT 10 Cumberland Law Journal -estate notice 75.00 11 Judith Ann Somerick -reimbursement for repairs to real estate 186.95 12 Judith Ann Somerick -reimbursement for repairs to property 82.91 13 New Cumberland Borough -balance due, sewer/trash 97.55 14 Pennsylvania American Water -balance due 28.94 15 Pennsylvania American Water -balance due 29.25 16 PPL Electric Utilities -balance due 18.38 17 PPL Electric Utilities -balance due 88.00 18 PPL Electric Utilities -balance due 88.00 19 PPL Electric Utilities -balance due 93.52 20 Roland Johnson Appraisal Services -balance due, real estate appraisal 200.00 21 Sue & Helene Enterprises -lawn care 60.00 22 Terminix -balance due 266.06 23 Terminix -balance due, contract for outside service 266.06 24 The Sentinel -estate notice 178.92 25 UGI -balance due 26 UGI -balance due 44.45 64.56 Copyright (c) 2002 form software only The Lackner Group, Inc. Form PA-1500 Schedule H (Rev. 6-98) SCHEDULE H FUNERAL EXPENSES AND ADMINISTRATIVE COSTS continued ESTATE OF (FILE NUMBER PREDMORE, BERNICE M. 21-11-0847 ITEM NUMBER DESCRIPTION AMOUNT 27 UGI -balance due 28 UGI -balance due 29 USAA -homeowners' premium 50.00 50.00 588.39 H-B7 2,935.94 Copyright (c) 2002 form software only The Lackner Group, Inc. Form PA-1500 Schedule H (Rev. 6-98) Rev-1512 EX+t12-08) SCHEDULE I ~, ~ DEBTS OF DECEDENT, MORTGAGE LIABILITIES, & LIENS COMMONWEALTH OF PENNSYLVANIA INHERITANCE TAX RETURN RESIDENT DECEDENT ESTATE OF (FILE NUMBER PREDMORE, BERNICE M. 21-11-0847 Report debts incurred by the decedent prior to death that remained unpaid at the date of death, including unreimbursed medical expenses. (If more space is needed, additional pages of the same size) Copyright (c) 2009 form software only The Lackner Group, Inc. Form PA-1500 Schedule I(Rev. 12-OS) REV-1513 EX+ (11-08) oo ~ ~ SCHEDULE J COMINHERTANCE~~RETURNANIA BENEFICIARIES RESIDENT DECEDENT ESTATE OF PREDMORE, BERNICE M FILE NUMBER 7A ~ ~ Aow7 I ~~-~ ~-v vyi NUMBER NAME AND ADDRESS OF RELATIONSHIP TO SHARE OF ESTATE AMOUNT OF ESTATE PERSON(S) RECEIVING PROPERTY DECEDENT Do Not L'st Trustee (Words) ($$$) I~ TAXABLE DISTRIBUTIONS [include outright spousal distributions, and transfers under Sec. 9116 a 1.2 BERNICE M. PREDMORE TRUST dtd. 7/6/1995 Trust Residue Total Enter dollar amounts for distributions shown above on lines 1 5 throu h 18 on Rev 150 0 cover sheet, as a r o riate. II NON-TAXABLE DISTRIBUTIONS: . A. SPOUSAL DISTRIBUTIONS UNDER SECTION 9113 FOR WHICH AN ELECTION TO TAX IS NOT TAKEN B. CHARITABLE AND GOVERNMENTAL DISTRIBUTIONS TOTAL OF PART II -ENTER TOTAL NON-TAXABLE DISTRIBUTIONS ON LINE 13 OF REV 1500 COVER SHEET Copyright (c) 2009 form software only The Lackner Group, Inc. Form PA-1500 Schedule J (Rev. 11-OS) Last Will of BERNICE M. PREDMORE I, BERNICE M. PREDMORE, a resident of Cumberland County, Pennsylvania, declare that this is my will. I hereby revoke all my previous wills and codicils. Article One Introductory Provisions Section 1. Marital Status I am currently married to JAMES F. PREDMORE, and all references to my spouse in this will are to him. Section 2. Children a. The name(s) and birth date(s) of our children are: Name Birth date JUDITH ANN SOMERICK February 6, T941 THOMAS JAMES PREDMORE August 9, 1942 ELIZABETH MARIE GABLE February 27, 1949 MARTHA FRANCES MACADAM February 5, 1953 MATHEW JOSEPH PREDMORE February 13, 1963 All references to our children in this instrument aze to these children and any children subsequently born to or adopted by us. 1 7~~~95 ~~X~ Article Two Appointment of My Personal Representatives Section 1. Nomination of My Personal Representatives I appoint the following to be my Personal Representative: JAMES F. PREDMORE If, for any reason, the Personal Representative(s) named above are unable or unwilling to serve, the following successor Personal Representative(s) shall serve until the successor Personal Representative(s) on the List have been exhausted. Unless otherwise specified, if Co-Personal Representatives are serving, the next following named successor Personal Representative shall serve only after all of the Co-Personal Representatives cease to act as Personal Representatives. (1) JUDITH ANN SOMERICK (2) MARTHA FRANCES MACADAM Section 2. Waiver of Bond No bond or undertaking shall be required of any Personal Representative nominated in my will. Section 3. General Powers My Personal Representative shall have full authority to administer my estate under the laws of the State of Pennsylvania relating to the powers of fiduciaries. My Personal Representative shall have the power to administer my estate under the Independent Administration of Estate Act. 2 ~/~/~5- ,~~x.O. Article Three Disposition of My Property Section 1. Distribution to My Revocable Living Trust I give all of my property of whatever nature and kind and wherever located to my revocable living trust of which I am a Trustor known as: JAMES F. PREDMORE and BERNICE M. PREDMORE, Trustees, or their successors in trust, under the JAMES F. PREDMORE AND BERNICE M. PREDMORE LIVING TRUST dated ~ ~ ~ ~ ~ 6~ ~ ~ and any amendments thereto Section 2. Alternate Disposition If my revocable living trust is not in effect for any reason, I give all of my property to my Personal Representative under this will as Trustee who shall hold, administer and distribute my property as a testamentary trust the provisions of which are identical to those of my revocable living trust on the date of execution of my will. Article Four Death Taxes Section 1. Definition of Death Taxes The term "death taxes," as used in my will, shall mean all inheritance, estate, succession and other similaz taxes that are payable by any person on account of that person's interest in the estate of the decedent or by reason of the decedent's death including penalties and interest, but excluding the following: a. Any addition to the federal estate tax for any "excess retirement accumulation" under Internal Revenue Code Section 4980A. b. Any additional tax that may be assessed under Internal Revenue Code Section 2032A. 3 7~~~~ c. Any federal or state tax imposed on ageneration-skipping transfer, as that term is defined in the federal tax laws, unless the applicable tax statutes provide that the generation-skipping transfer tax is payable directly out of the assets of my gross estate. Section 2. Payment of Death Tazes Pursuant to the terms of my revocable living trust, all death taxes whether or not attributable to property inventoried in my probate estate shall be paid by the Trustee from that trust. However, if that trust does not exist at the time of my death or if the assets of that trust are insufficient to pay the death taxes in full, I direct my personal representative to pay any death taxes that cannot be paid by the trustee from the assets of my probate estate by prorating and apportioning those taxes among the beneficiaries of this will. Notwithstanding any other provision in my trust, all death taxes incurred by reason of assets transferred outside of my trust or probate estate shall be assessed against those persons receiving such property. Article Five General Provisions Section 1. No Contest Clause If any person or entity other than me singularly or in conjunction with any other person or entity directly or indirectly contests in any court the validity of this will including any codicils thereto, then the right of that person or entity to take any interest in my estate shall cease and that person or entity shall be deemed to have predeceased me. Section 2. Captions The captions of Articles, Sections and Paragraphs used in this will are for convenience of reference only and shall have no significance in the construction or interpretation of this will. 4 ~6~9s ~~~ '~ Section 3. Severability Should any of the provisions of my will be for any reason declared invalid, such invalidity shall not affect any of the other provisions of this will and all invalid provisions shall be wholly disregarded in interpreting this will. Section 4. Governing Law This will shall be construed, regulated and governed by and in accordance with the laws of the State of Pennsylvania. I signed this, my last will, on 9 s ,.G~c.~c~.c~ ~ Ojt_e_ BEItNICE M. PREDMORE 5 7/~/ ss ,C~7n .P. The foregoing Will was, on the day and year written above, published and declared by BEItNICE M. PREDMORE in our presence to be her Will. We, in her presence and at her request, and in the presence of each other, have attested the same and have signed our names as attesting witnesses. We declare that at the time of our attestation of this Will, BE1tNICE M. PREDMORE was, according to our best knowledge and belief, of sound mind and memory and under no undue duress or constraint. ~- WI SS Address: %fi~Pftr.~i ~~ WITNESS Address: 6 ~/~/95- ,~~rt. STATE OF PENNSYLVANIA COUNTY OF DAUPHIN SS: We, BERl~TICE M. PREDMORE, ~~ 6rei I'• ~?v 66 ,and ~~ ~ ~~~'~ , ~e Testatrix and the witnesses, respectively, whose names are signed to the foregoing Will, having been sworn, declared to the undersigned officer that the Testatrix, in the presence of witnesses, signed the instrument as her last Will, that she signed, and that each of the witnesses, in the presence of the Testatrix and in the presence of each other, signed the Will as a witness. ,~/~.2 d BERNICE M. PREDMORE SS WITNESS Sul~,scribed and sworn before me by BE~iICE N~'~PREDMORE, the Testatrix, and by oQ~ _ ~,Qv~a and a n ~ r' C / ~ep S-e , the witnesses on ~~~ ~ , 1995. Notary Public My commission expires: ,._-__ ~' PAULA N. ANGLEMEYER f Notary P`ubtic Hummelstown, Dauphin County My Commission Expires May 17,1999 7 /~/ 9 S .~~ The JAMES F. PREDMORE AND BERNICE M. PREDMORE LIVING TRUST prepazed for JAMES F. PREDMORE anal BERNICE M. PREDMORE JAMS, SMI'Y'TrY & Bfi.TffKII`+i Attorneys-at-Law 134 Sipe Avenue F€ummelstown, Pennsylvania 17Q3~ (717) 533-32E0 ]FAX (717) 533-2795 0 James, Smith & Durkin All Rights Reserved ~'E~I~LS ~o ~RLI~I~GRL ~l~I~ ~3~Rl~TICL Imo. ~RI~~I~l~E~RL LIVING TRUST Table of Contents Article One Trust Creation ... ................................. 1-1 Article Two The Trust Estate ................................... 2-1 Article Three Appointment of Trustees .................. .......... 3-1 Article Four Trustors' Lifetime Rights . ..................... 4-1 ....... Article Five Administration at Death of First Trustor .................. 5-1 Article Six Specific Distributions of Trust Property ............. 6-1 ...... Article Seven Division into Survivor's Trust and Family Trust .............. 7-1 Article Eight The Survivor's Trust . ..................... 8-1 .......... Article Nine The Family Trust .......................... 9-1 ........ Article Ten Common Pot Trust ................................ 10-1 Article Eleven Division and Distribution of Trust Property . ............... 11-1 Article Twelve Distribution If No Designated Beneficiaries. ~ ............... 12-1 Article Thirteen Trustee Administration ... 13 1 .......................... - Article Fourteen Trustee Investment Powers ........................... 14-1 Article Fifteen General Provisions ................................. 15-1 i CDA~IJ ~e PR~~~OR~ ANI~ ~~1~1 \~~e~~ • j R~~O LIVIIvTG TRUST Article One Trost Cre~.ti~n Section 1. Parties to Our 'T'rust This trust agreement dated , f f } ( ~ , G. is made between JAMES F: PREDMORE, the husband Trustor, also known. as JAMES F. PREDMORE, and BERNICE M. PREDMORE, the wife Trustor, also known as BERNICE M. PREDMORE, and the following initial Trustees: JAMES'F. PREDMORE BERNICE M. PREDMORE Section Z. Naane of Our Trust This trust may be referred to as the: JAMES F. PREDMORE AND BERNICE M. PREDMORE LIVING TRUST, dated .1UL 0 6 1~S5 The formal name of our trust and the designation to be used for the transfer of title to the name of our trust is: JAMES F. PREDMORE and BERNICE M. PREDMORE, Trustees, or their successors in must, under the JAMES F. PREDMORE AND BERNICE M. PREDMORE LIVING TRUST dated ~~L ti ~ 1~~~ and any amendments thereto SectioID 3. Revocabie Lining Tra~st Our Trust is a revocable Iiving trust. Section 4. Trustors as Trustees Notwithstanding any other provisions in this trust agreement, when we are serving as Trustees under this trust, either of us may conduct business and act on behalf of our trust without the consent of any other Trustee. 1-1 Article Two The Trust estate Section 1. Initial Transfer of property We hereby assign, devise, transfer and deliver to our Trustee all property set forth on Schedule "A", attached hereto, and made part of this trust agreement. Our Trustee acknowledges receipt without consideration of all assets listed on the attached Schedule. Assets titled in the name of our trust but not listed on Schedule "A" shall be considered a part of our trust estate to the same extent as if they had been set forth on the attached Schedule. Section 2. Additional Transfers to Trust We or any other person or entity may transfer or devise to our Trustee additional assets, real or personal, and may name our Trustee as the beneficiary of life insurance policies, annuities, retirement plans or similar contracts; such assets, policies and proceeds, upon delivery thereof to our Trustee, shall be a part of the trust estate, subject to all the terms of this trust agreement. Section 3. Character of Trust Assets All property transferred into our trust shall be characterized as follows: a. Joint 16'Iarital Estate Property AlI of our jointly held property, if any, transferred to our trust, and the proceeds of all such property, shall remain our jointly held property, subject to the provisions of this agreement. b. Separate Property All of the separate property, if any, of either of us transferred to our trust, and the proceeds of all such property, specifically designated as the separate property of either of us at the time of transfer to our Trustee, shall remain the separate properly of the contributing Trustor. 2-1 S~~t~~~ Se ~u~° ~~~~~~ a. The mane(s) and birth date(s) of our children are: Name Birth date JUDITH ANN SOMERICK February 6, 1941 THOMAS JAMES PREDMORE August 9, 1942 ELIZABETH MARIE GABLE February 27, 1949 MARTHA FRANCES MACADAM February 5, 1953 MATHEW JOSEPH PREDMORE February 13, 1963 All references to our children in this instrument are to these children and any children subsequently born to or adopted by us. 1-2 c• ~o~nmunity Property All community property or quasi-community property, if any, transferred to our trust, and the proceeds of all such property, specifically designated as community property or quasi-community property at the time of transfer to our Trustee, shall remain our community property or quasi-community property, subject to the provisions of this agreement. 2-2 ~.rticie Tree Appointment of Trustees Section 1. Definition of Trustee All references in this agreement to "Trustee" shall be deemed a reference to the person or entity who is then serving as Trustee and shall include alternate or successor Trustees or Co-Trustees, unless the context requires otherwise. Section 2. Resignation of a Trustee Any Trustee may resign at any time without court approval by giving written notice to each of us or to our personal representative. If either of us is not living, written notice shall be given to the successor Trustee, or if there is no successor, to the beneficiaries then entitled to receive income or principal distributions under this agreement, to their personal representatives, or to the persons having the care or custody of minor beneficiaries. Section 3. Reanoval of a Trustee Any Trustee may be removed under this agreement as follows: a. While We are Soth Alive and Competent wniie we are both alive and legally competent and if we both agree, we shall have the right to remove any Trustee appointed under this agreement at any time with no requirement that the removed Trustee receive any reason for such termination. b. Whale One of Us as Alive or Co~anpetent After the death of one of us or when bath of us are alive but only one of us is -• legally competent, any Trustee appointed under this agreement may be removed by the competent Trustor at any time with no requirement that the removed Trustee receive any reason for such termination. c. Removal by Others After the death or legal incompetency of both of us, any Trustee may be removed by a majority vote of the beneficiaries then entitled to receive income or principal 3-1 distributions under this agreement or their personal representatives. These beneficiaries or their personal representatives shall not be required to give any reason for such Trustee's termination. d. Notice to Removed Trustee Written notice of removal under this agreement shall be effective immediately when signed by the person or persons authorized to make the removal and delivered to the Trustee personally or deposit by United States certified mail, return receipt requested. The written notice removing a Trustee shall designate a successor Trustee. e. Transfer of Trust Property The Trustee so removed shall promptly transfer and deliver to the successor Trustee all property of the trust under its possession and control. a Section 4. Designated Successor Trustees Whenever a Trustee is removed, dies, resigns, becomes legally incapacitated, or is otherwise unable or unwilling to serve, that Trustee shall be replaced as follows: a. The Death or Disability of a Trustee While We are Serving as Trustees We may serve as the only Trustees or we may name any number of Trustees to serve with us. If any of these other Trustees subsequently die, resign, become legally incapacitated or are otherwise unable or unwilling to serve as a Trustee, we may or may not fill the vacancy, as we both agree. b. Disability Trustees of .TAMES F. PREDMORE Upon the disability of JAMES F. PREDMORE, if he is then serving as an initial Trustee, he shall be replaced by the following Disability Trustee(s): $ERNICE M. PREDMORE If, for any reason, the Disability Trustee(s) named above are unable or unwilling to serve, the following successor Disability Trustee(s) shall serve until the successor Disability Trustee(s) on the list have been exhausted. Unless otherwise 3-2 specif ed, if Co-Disability Trustees are serving, the next following named successor Disability Trustee shall serve only after all of the Co-Disability Trustees cease to act as Trustees. (1) JUDITH ANN SOMERICK (2) MARTHA FRANCES MACADAM c. Disability Trustees of BERIaTICE M. PREDMO~ Upon the disability of BERNICE M. PREDMORE, if she is then serving as an initial Trustee, she shall be replaced by the following Disability Trustee(s): JAMES F. PREDMORE If, for any reason, the Disability Trustee(s) named above are unable or unwilling to serve, the following successor Disability Trustee(s) shall serve until the successor Disability Trustee(s) on the list have been exhausted. Unless otherwise specified, if Co-Disability Trustees` are serving, the next following named successor Disability Trustee shall serve only after all of the Co-Disability Trustees cease to act as Trustees. (1) JUDITH ANN SOMERICK (2) MARTHA FRANCES MACADAM d. Death Trustees of ,TAMES F. PREDMORE Upon the death of JAMES F. PREDMORE, if he is then serving as an initial Trustee, he shall be replaced by the following Death Trustee(s): BERNICE M. PREDMORE If, for any reason, the Death Trustee(s) named above aze unable or unwilling to serve, the following successor Death Trustee(s) shall serve until the successor Death Trustee(s) on the Iist have been exhausted. Unless otherwise specif ed, if Co-Death Trustees are serving, the next following named successor Death Trustee shall serve only after all of the Co-Death Trustees cease to act as Trustees. (I) JUDITH ANN SOMERICK AND (2) IvIARTHA FRANCES MACADAM, OR THE SURVIVOR OF THEM ~, ~-~ - e. Death Trustees of BERNICE 1l~1. PREDNF®RE Upon the death of BERNICE M. PREDMORE, if she is then serving as an initial Trustee, she shall be replaced by the following Death Trustee(s): JAMES F. PREDMORE If, for any reason, the Death Trustee(s) named above are unable or unwilling to serve, the following successor Death Trustee(s) shall serve until the successor Death Trustee(s) on the list have been exhausted. Unless otherwise specified, if Co-Death Trustees are serving, the next following named successor Death Trustee shall serve only after all of the Co-Death Trustees cease to act as Trustees. (1) JUDITH ANN SOMERICK AND (2) MARTHA FRANCES MACADAM, OR THE SURVIVOR OF THEM Section 5. No Designated Successor Trustees If at any time there is no Trustee acting under this agreement and there is no person or institution designated and qualified as a successor Trustee, a majority of the beneficiaries then eligible to receive distributions of income or principal under this agreement or their personal representatives shall appoint a successor Trustee. If any trust existing under this agreement lacks a Trustee and no successor is appointed pursuant to this Section, the vacancy shall be filled by a court of competent jurisdiction. Section 6. Responsibility of Successor Trustees A successor Trustee shall have the same rights, powers, duties, discretions and immunities as if it had been named as initial Trustee under this agreement. No successor Trustee shall be personally liable for any act or failure to act of any predecessor Trustee or shall have any duty to examine the records of any earlier Trustee. A successor Trustee may accept the account rendered and the property delivered by or on behalf of a predecessor Trustee as a full and complete discharge of the duties of the predecessor Trustee without incurring any responsibility of liability for so doing. 3-4 article ~o~l" Trustors' Lifetime Rights Section ~. Income and Principal a. Right to Trust Income and Principal Our Trustee shall pay to or apply for our benefit during our joint lifetimes all or such part of the income and principal of the trust estate as we may direct. We may not, however, direct our Trustee to make gifts from trust property to third parties. If our Trustee inadvertently makes a distribution we intended as a gift directly from the trust to a third party, that distribution shall be construed as a distribution to us first, then a gift to the third party from us. Unless directed in writing to the contrary by either of us: Our Trustee shall be authorized to accept and execute instructions received from either Trustor regarding distributions of the income or principal of the trust estate to or for the benefit of either or both of us. 2. Our Trustee shall be authorized to make distributions of the income or principal of the trust estate in the sole name of a Trustor as instructed by either of us. b. Trustee Liability Upon any distribution of the income or principal of the trust estate authorized or directed by a Trustor, our Trustee shall incur no liability to the other Trustor in respect of such distribution, shall be under no obligation to seek the approval or verification of the concurrence of the other Trustor to such distribution and shall have no responsibility for the application of any distribution made in the name of a Trustor. 4-1 c. Tracing df Inedine loot Required Unless otherwise provided or specified by either or both of us during our joint lives, any distributions of income to either of us shall be conclusively presumed to be derived in respect of the joint mazital estate property of the Trustors and our Trustee shall be under no obligation to allocate, trace or otherwise identify the actual source of such income. Section Z. Trustors' Rights During Disability a. Definition of Disability A Trustor shall be considered disabled in the event a court of competent jurisdiction determines that a Trustor is legally incompetent, or in the event that a Trustor is not adjudicated incompetent but by reason of illness or mental disability a Trustor has been certified by two licensed physicians to be unable to properly handle his or her own affairs. b. Income and Principal Distributions Our Trustee during the period of a Trustor's disability shall pay to or apply for that Trustor's benefit as much of the principal and net income of that Trustor's separate property estate and his or her interest in the joint marital estate property and community property, if any, as our Trustee, in its sole discretion, shall deem necessary or advisable. c. Payment of Obligations Our Trustee during the period of a Trustor's disability shall, from time to time, pay that Trustor's valid obligations, medical expenses and provide for his or her comfortable maintenance and welfare, taking into consideration his or her other ancome or resources. d. Tax PIanning During the lifetime of either or both or us, should either or both of us became disabled, then our Trustee may exercise the following powers as attorney in fact on our behalf, either alone or in conjunction with any other attorney in fact under a durable power of attorney for a disabled Trustor, but the primary concern of our Trustee shall be for our welfare and secondarily for the welfare of the our lineal descendants for tax planning: 4-2 1. Our Trustee may make additional distributions to our lineal descendants, equally by class, for the purpose of continuing any gift program initiated by us which our Trustee reasonably determines will achieve beneficial results for estate and/or income tax planning purposes. 2. Our Trustee may initiate a gift program on our behalf which our Trustee reasonably determines will achieve beneficial results for estate and/or income tax planning purposes by making distributions to our lineal descendants, equally by class, so long as such distributions are made in the form which qualify for and are limited to the annual exclusion for federal gift tax purposes. 3. During any disability of a Trustor, our Trustee shall be under no obligation to initiate,- recommend or consider any tax planning objective or program for us, and any exercise of its discretion in this regard when conducted in good faith shall not subject it to liability to any person affected thereby. Section 3. Right to Amend or Revoke Our Trust Abe shall have the right to amend, terminate or revoke our trust as follows: a. Power to Revoke and Aanend While Both of ZTs Are Living During our joint lifetimes, this trust and any trust created by this agreement may be amended; revoked or terminated, in whole or in part, by either of us acting alone as to any specially designated property of that Trustor and as to that Trustor's interest in any of our joint marital estate property. However, any modification of the rights and interests of either of us in community ~ property "~ during our marriage may be made only with the joinder or consent of both of us. b. Power to Iaevoke and Affiend After Death of Pirst ~'rustor After the death of the first of us to die, the surviving Trustor may at any time amend, revoke or terminate, in whole or in part, the Survivor's Trust in which 4-3 the surviving Trustor has a general power of appointment. All other trusts shall become irrevocable and shall not be subject to amendment after the death of the first Trustor. c. Method to Revoke or Amend Any amendment, revocation, or termination of this trust or any trust created by this agreement shall be made by written instrument signed by both of us or by the Trustor making the revocation, amendment or termination and delivered to our Trustee. If the instrument making the revocation, amendment or termination is signed by only one Trustor and the other Trustor is living at that time, a copy of the instrument making the amendment, revocation or termination shall also be delivered to the other Trustor. An exercise of the power of amendment substantially affecting the duties, rights, and liabilities of our Trustee shall be effective only if agreed to by our Trustee in writing. d. Delivery of Property After Revocation After any revocation or termination with respect to our joint marital estate property, our Trustee shall promptly deliver the joint marital estate property to the Trustor or Trustors to the extent of their interest in the joint marital estate property. After any revocation or termination with respect to specifically designated property, our Trustee shall promptly deliver the designated property to the Trustor or Trustors who originally contributed that property to the trust and such property so returned shall be conclusively deemed to resume the same character it had immediately before ttansfer to our trust. e. 'T'rustee's Retention of Assets TJpon Revocation In the event of any revocation of all or part of our trust, our Trustee shall be entitled to retain sufficient assets to reasonably secure the payment of liabilities our Trustee has lawfully incurred in administering the trust and any fees that have been earned by our Trustee, until such time as those liabilities have been discharged and fees paid, unless we indemnify our Trustee against loss or expense. CPc~on a. ~%Pr~~SP Of ~'1'LStors' RibhltS 2~d ~o`N. et'S ~y ~t~e3'S Any right or power that either of us could exercise personally under the terms of this agreement, except the power to amend, revoke or terminate any trust created by this agreement, may be exercised for and on behalf of that Trustor by any attorney in fact who, at the time of the exercise, is duly appointed and acting for that Trustor under a valid and enforceable durable power of attorney executed by that Trustor or, if there is no such attorney in fact, by a duly appointed and acting conservator of t11at Trustor after petition to a court of competent jurisdiction. 4-4