HomeMy WebLinkAbout07-11-12 (2)1505611185
REV-1500 EX (02-11)(FI)
OFFICIAL USE ONLY
PA Daperment of Revenue County Code Vear File Number
Bureau of IndiNdual Texea
PO BOX 2a0e01 INHERITANCE TAX RETURN 21 11 01354
Harrisburg, PA 17128-0601 RESIDENT DECEDENT
ENTER DECEDENT INFORMATION BELOW
Social Security Number Date 01 Death MMDDVVVV Date of Birth MMDDVVYV
Decedent's Last Name Suffix Decedent's First Name MI
TUCKER MARTHA S
(If Applicable) Enter Surviving Spouse's Information Below
Spouse's Last Name Suffix Spouse's First Name M I
TUCKER ROBERT L
Spouse's Social Security Number
FILL IN APPROPRIATE BOXES BELOW
® 1. Original Return
^ 4
Li
it
d E
t
t
.
m
e
s
a
e
6. Decedent Died Testate
(Attach Copy of Will)
^
9. Litigation Proceeds Received
THIS RETURN MUST BE FILED IN DUPLICATE WITH THE
REGISTER OF WILLS
(^ 2. Supplemental Return
I-I 4a. Future Interest Compromise (date of
death after 12-12-82)
® 7. Decedent Maintained a Living Trust
(Attach Copy of Trust.)
^ 10. Spousal Poverty Credit (Date of Death
Between 12-31-91 and 1-1-95)
Prior to 12-13-ffi)
^ 5. Fetleral Estate Tax Return Required
,~ 8. Total Number of Safe Deposit Boxes
^ 11. Election to Tax under Sec. 9113(A)
(Attach Schedule O)
CORRESPONDENT - THIS 3ECTION MUST E7£ COMPLETED. ALL CORRESPONDENCE AND CONFIDENTIAL TAX INFORMATION SHOULD BE DIRECTED TO:
Name Daytime Telephone Number
MARK E• HALBRUNER, ESR• 717-731- 00 0
~
REGISTER! LS USE i~V C
C~~
~t.7 r r~~~V
~
~
First Line of Atldre55 `
"`
~.
1U13 MUMMA RD, STE 100 n~~`,, ~ ~'a
~
~ 3 _
Second Line of Address ~
-
D -+
.,7
City or Post Office State ZIP Cotle
LEMOYNE PA 17043
Correspondent'se-mail address: M•HALBRUNERaGATESLAWFIRM•COM
Untler penalties of perjury, I declare that I have exeminetl this return, including accompanying achedulea end statements, end to iha beat or my knovAadge end ballet,
it is true, correct and complete. Dadaration or preparer other then the pareonel ropresentative is based on all information of which preparer has any knoMedge.
ROBERT L• TUCKER, EXR•
4745 AUGUSTA DRIVE M CHANCISBURG, PA 17050
SIGNATURE OF PREPARER OTHER THAN REPRESENTATIVE DATE
MARK E• HALBRUNER, ESQ• ~. - ~._t~ ~r~~~
1013 MUMMA RD•, STE• 100 LEMOYNE, PA 17043
PLEASE USE ORIGINAL OR LY
^ 3. Remainder Return (Date of Death
Side 1
1505611185 OM4Bd~3.00m 1505611185
1505611285
REV-1500 EX (FI)
Decedent's Social Security Number
Decedents Name: TUCKER MARTHA S
RECAPITULATION
1. Real Estate (Schedule A) .. 1 0 , ~ ~
2. Stocks and Bonds (Schedule 8) . 2, 0 , ~ Q
3. Closely Held Corporation, Partnership or Sole-Proprietorship (Schedule C), 3, ~ , ~ 0
4. Mortgages and Notes Receivable (Schedule D) 4, 0 • 0 0
5. Cash, Bank Deposits and Miscellaneous Personal Property (Schedule E) 5. 0.00
6. Jointly Owned Property (Schedule F) ~ Separate Billing Requested g. O • 00
7. Inter-Vivos Transfers & Miscellaneous Non-Probate Property
(Schedule G) ~ Separate Billing Requested .. 7. 256,27.55
8. Total Gross Assets (total Lines 1 through 7) 8. 256 , 027.55
9. Funeral Expenses and Administrative Costs (Schedule H). . . 9, 6 , 6 ~ 8.87
10. Debts of DecetlenL Mortgage Liabllilles, antl Liens (Schedule I) 10
11. Total Deductions (total Lines 9 and 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) , iq
TAX CALCULATION • SEE INSTRUCTIONS FOR APPLICABLE RATES
15. Amount of Line 14 taxable
at the spousal tax rate, or
transfers under Sec. 9116
(a)(1.2)X.0- 32,589.79 1s.
i6. Amount of Line 14 xable
anineal rate x
0 4 s
. 9 0, 0 31 • 7 6 16.
17. Amount of Line 14 taxable
at sibling rate X .12 Q . Q Q 17.
18. Amount of Line t4 taxable
at collateral rate X .15 Q . Q Q 18.
19. TAX DUE.. 19.
20. FILL IN THE BOX IF YOU ARE REQUESTING A REFUND OF AN OVERPAYMENT
Side 2
1505611285 1505611285
OMdede 3.000
126,797.13
133,406.00
122,621.55
x.00
122,621.55
0.00
4,051.43
o•oo
0.00
4,051.43
J
REV-1500 EX (FI) Pape 3
Decedent's Complete Address:
Flle Number
?1 11 01,354
DECEDENT'S NAME
T K R MARTHA
STREET ADDRESS
A
CITY
M HAN R STATE
P ZIP
7
Tax Payments and Credits:
1. Tax Due (Page 2, Line 19) (1) _ 4 , 0 51.4 3
2. CretlitslPayments
A. Prior Payments ~ • 0
B. Dismount 0 • ~ 0
Total Credits (A + B) (2) 0 • ~ I)
3. Interest
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. (4) _ O • O 0
5. If Line i + Line 3 is greater than Line 2, enter the difference. This is the 7AX DUE. (5) _ 4 , 0 51 • 4 3
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
X^
a. retain the use or income of the property transferred . . . . . . . . . . . . . . . . .
b. retain the right to designate mono shall use the property transferred or its income ....... ^
:
c. retain a reversionary interest . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ^
^
d. receive the promise for Ilfe of either payments, benefns or more? .............
2. If tleath occurred after Dec. 12, 1982, tlid decedent transfer property within one year of death
without receiving adequate consideration? ..................... ^
:
3. Did decedent own an "in trust for" or payable-upon-death bank account or security at his or her death? ^
4. Did decedent own an individual retirement account, annuity, or other non-probate property, which
contains a beneficiary designation? ........................ ® ^
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 o(ihe 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.§9118 (a) (1.1) (ii)I. The statute does not exempt a transfer to a surviving spouse from taz, and the statutory, requirements far disclosure of assets and
filing a taz 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 chiltl is 0 percent 172 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. §9176(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 172 P.S. §9118(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.
OM4811 2.000
REV-1510 EX + (08-09)
pennsylvania
DEPARTMENT OF REVENUE
SCHEDULE G
INTER-VIVOS TRANSFERS AND
MISC. NON-PROBATE PROPERTY
Martha S. Tucker 21 11 01354
This schedule must be completed and filed if the answer to any of questions t through 4 on page three M the REV-1500 is yes.
ITEM
NUMBE DESCRIPTION OF PROPERTY
iwuuoa r~w+na oc,~mAwacewaa. rwaw waunowsww ro oacaoewr awo
rHa wre oc me+acaw. ArrAwncow or rHa oaeo cow wEAl, EarRrF.
DATE OF DEATH
VALUE OF ASSET
%OF DECD'S
IMEREST
EXCLUSION
IF AawCABLE
TAXABLE
VALUE
t~ LPL Financial
IRA N6649-0156
Owner: Martha S. Tucker
Beneficiary: Robert L.
Tucker 10,394.68 100.0000 0.00 10,394.68
MARTHA S. TUCKER TRUST
2 LPL Financial
Investment Acct. No.
5662-3163 179,511.18 100.0000 0.00 179,511.18
3 Prudential
Annuity No. E0551757
Owner: Martha S. Tucker
Trust
Annuitant: Martha S.
Tucker
Beneficiary: Martha S.
Tucker Trust 66,121.69 100.0000 0.00 66,121.69
TOTAL (Also enter on line 7, Recapitulation) S „~ ~ ,,,,,,
If more space ie neetleq use atld'Rional shoats o(paper al Ma aama size.
9WdeAF 2.000
REVd SH EX~ (1ea9)
Pennsylvania
pEP.Nt1MENi OF REVENUE
SCHEDULE H
FUNERAL EXPENSES AND
ADMINISTRATIVE COSTS
ESTATE OF FILE NUMBER
tlartha S. Tucker 211101354
Decedent's debts must be reported on Schedule I.
ITEM
NUMBER DESCRIPTION AMOUNT
A. FUNERAL EXPENSES:
t, Cremation 1,867.00
Total from continuation schedules .
B.
1
ADMINISTRATIVE COSTS:
Personal Representative Commissions:
Name(s) of Personal Representative(s)
Street Address
State ZIP
2,172.37
2. Attorney Fees: 2 , 500.00
3. Family Exemption: (If Decedent's address is not the same as claimant's, attach explanation.)
Claimant
Street Address
4.
5.
6.
7.
1
City
Year(s) Commission Paid:
Ciry State ZIP
Relationship of Claimant to Decedent
Probate Fees:
Accountant Fees:
Tax Return Preparer Fees:
Register of Willa
filing feea
39.50
30.00
TOTAL (Also enter on Line 9, Recapil
swasnG zooo If more space is needed, use additional sheets of paper of the same size.
Estate of: Martha S. Tucker
Schedule H Part 1 (Page 2)
Item
No. Description
2 Messiah Village
chapel rental
3 Honorarium for Pastor
4 Honorarium for Flutist
5 Honorarium for Pianist
6 Flowers
7 Reception Hall Rental
8 Food for Reception
9 Serving Supplies 6 Drinks
21 11 01354
Amount
1,000.00
150.00
100.00
100.00
97.52
300.00
310.74
116.11
Total (Carry forward to main schedule) 2,172.37
REV-1512 EX+ ry2-OB)
Pennsylvania
SCHEDULE I
oEaunMENroE aEVENUE DEBTS OF DECEDENT,
IN"ERlrnrvce TAx REruaN MORTGAGE LIABILITIES & LIENS
RESIDENT DECEDENT
ESTATE OF
FILE NUMBER
Martha S. Tucker 21 11 01354
Report debts Incu rretl by the decedent prior to death that remained unpeld at the date W tleath, inclutling unraimbursed medical expenses.
ITEM VALUE AT DATE
NUMBER DESCRIPTION OF DEATH
~~ CitiMOrtgage
Mortgate No. 1120707468-0
Mortgagors: Robert L. Tucker and Martha S.
Tucker (decedent)
Total Balance: $253,594.26
Rate : 4 . 62 5'&
(Balance reported is the decedent's
one-half of the total owed at date of
death. The mortgage is against the
residence owned jointly with the decedent's
spouse.) 126,797.13
TOTAL (Also enter on Line 10 Re
awasnN z.ooo I( more space is needetl, insert atltlitional sheets of the same size.
REV-1513 EX+(01-10)
Pennsylvania
DEPARTA£M OF REVENUE
INHERITANCE TA% RETURN
RESIDENT DECEDEM
SCHEDULE J
BENEFICIARIES
ESTATE OF: FILE NUMBER:
Martha S. Tucker 71 11 r11 'iFa
RELATIONSHIP TO DECEDENT AMOUNT OR SHARE
NUMBER NAME AND ADDRESS OF PERSON(S) RECENING PROPERTY Do Not List Trustee(s) OF ESTATE
I TAXABLE DISTRIBUTIONS [Indude outright spousal tlislribWiona end translera under
Sec. 9118 (a) (1.2).]
1. Martha S. Tucker Trust
General Bequests: 90,031.76 Son 90,031.76
ENTER DOLLAR AMOUNTS FOR DISTRIBUTIONS SHOWN ABOVE ON LIPES i51HROUGH 1 a OF REV-1500 COVER SHEET, AS APP ROPRIATE.
II NOhLTAXABLE DISTRIBUTIONS
A. SPOUSAL DIST2181lT10N5 UNDER SECTION 9113 FOR WHICH AN ELECTION 70 TAX IS NO7 TAKEN:
1.
B. CHARITABLE AND GOVERNMENTAL DISTRIBUTIONS:
1.
TOTAL OF PART II -ENTER TOTAL NON-TAXABLE DISTRIBUTIONS ONLINE 13 OF REV-1500 COVER SHEET. S 0.00
awasAl zooo It more space +s neetletl, use atl0ltlonal sheets of paper of the same size.
Estate of: Martha S. Tucker
Schedule J Part 1 (Page 2)
Item
No. Description
2 Robert L. Tucker
4745 Augusta Drive
Mechanicsburg, PA 17050
LPL Financial
IRA #6649-0156
Owner: Martha S. Tucker
Beneficiary: Robert L.
Tucker
Inventory Value: 10,394.68
Relation
21 11 01354
Amount
1006 of Residue: 22,195.11 Surviving Spouse 32,589.79
REV-1514 Ex+ (4-09)
Pennsylvania
MTMFM OF FE`~EN..E
Bureau W Intlbidual Tams
PO Box 260601
Flerdae°rg PA n1a8-o6o1
SCHEDULE K
LIFE ESTATE, ANNUITY
& TERM CERTAIN
(CHECK BOX 4 ON REV-1500 COVER SHEET)
ESTATE OF FILE NUMBER
Martha S. Tucker 21 11 01354
This schedule should be used for all single-life, joint or successive life estate and term-certain calculations. For dates of death prior to 5-1-89,
actuarial factors for single-life calculations can be obtained from the Department of Revenue.
Actuarial factors can be found in IRS Publication 1457, Actuarial Values, Alpha Volume for dates of death from 5-1-89 to 4-30-99,
and in Aleph Volume for dates of death from 5-1-99 and thereafter.
Indirate helow the tvoe of instrument that created the future interest helew and attach a coov of it to the tax return.
^ Will ^ Intervivos Deed of Trust X^ Other
•
NEAREST AGE AT TERM OF YEARS
NAME OF LIFE TENANT DATE OF BIRTH
DATE OF DEATH LIFE ESTATE IS PAYABLE
Robert L. Tucker 09/19/1944 67 X Life or ~ Term of Years
Life or ~ Tenn of Years
Life or n Term of Years
Life or
I I Term of Years
f
Life or i I Tenn of Years
1. Value of fund from which life estate is payable .......................... $ 112 , 226.87
2. Actuarial factor per ap ro riate table .. ... .................... 0.19777
Interest table rate - ~ 3.5% ^ 6% ^ 10% X^ Variable Rale 1.40000%
3. Value of life estate (Line 1 multiplied byr Line 2) ..................... $ 22 , 195.11
NAME OF LIFE ANNUITANT
DATE OF BIRTH •
NEAREST AGE AT
DATE OF DEATH
TERM OF YEARS
ANNUITY IS PAYABLE
Life or n Term of Years
Life or ~ Term of Years
Life or ~ Term of Years
n Life or n Term of Years
1. Value of fund from which annuity is payable .... , , , $ 0.00
2. Check appropriate block below and enter corresponding number ............... ..... 0.000
Frequency of payout -^ Weekly (52)
^ Quarterly (4) ^Sami-annually (2)
a Bi-weekly (26 Monthly (12)
Annually (1) Other ( ) 0
_
3. Amount of payout per period .................................. ..... $ 0.00
4. Aggregate annual payment, Line 2 multiplied by Line 3 .. ................. ..... 0.00
5. Annuity Factor (see instructions)
Interest table rate -^ 3 1 /2% ^ 6% ^ 10% ^ Variable Rate 0.00000 % 0.00000
6. Adjustment Factor (See instructions.) .. ......................... ..... 0.00000
7. Value of annuity - If using 3.5%, 6%, or 10%, or H variable rate and period
payout is at end of period, calculation is: Line 4 x Line 5 x Line 8 , .. ..... $ 0.00
If using variable rate and period payout is at beginning of period, calculation is:
(Line 4 x Line 5 x Line 6) + Line 3 ................................ ..... $ 0.00
NOTE: The values of the funds that create the above future interests must be reported as part of the estate assets on Schedules A through G of
the tax return. The resulting life or annuity interest should be reported at the appropriate tax rate on Lines 13 and 15 through 18 of the return.
If more space is needed, use additional sheets of the same size.
BW48AJ 1.010
Martha S. Tucker, deceased
Schedule K
Life estate calculation for assets left in Trust for surviving spouse,
Robert L. Tucker.
Martha S. Tucker's Date of Death: 11/17/201,1
Robert L. Tucker's Date of Birth: 09/18/199.4
Robert L. Tucker's nearest age at Decedent's
Date of Death: 67
120 AFR (Midterm Annual) for August 2011
(per Rev. Rul. 2002-40 Table 1): 1.9.~~
1.45 rounded to nearest 2/10's~: 1.40
Life Estate Factor per IRS Pub. 1457,
Book Aleph, Table S, 1.4~: .19777
Remainder Factor per IRS Pub. 1457,
Book Aleph, Table S, 1.4~: .80223
Assets allocated to
The Martha S. Tucker Trust B: $112,226.87
Multiplied by Life Estate Factor: .1977
Present value of
Robert L. Tucker's Life Estate: $ 22,195.11
Assets allocated to
The Martha S. Tucker Trust B: $112,226.87
Multiplied by Remainder Factor: .80223
Remainder value of
The Martha S. Tucker Trust B: $ 90,031.76
This is to certify that this is a true copy of the record which is on file in the Pennsylvania Department of Health, in accordance with
the Vital Statistics law of 1953, as amended. i I
WARNING: It Is illegal to duplicate this copy by photostat or photograph.
6596790
No.
Marina O'Reilly Matthew
State Regis[rar
FEB 0 32012
Date
IuaEV nrmPS COMMONWEALTH OF PENNSYLVANIA • DEPARTMENT OF HEALTH • VITAL RECORDS
~~ CERTIFICATE OF DEATH
'P 118885
(Sa Instructions and azempke on revere) Ci4TF ~, ~ „~ ~~~,
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M r h Stuart Ra Tucker Female 237 - 72 - 7250 November 17, 2011
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WILL
OF
MARTHA S. TUCKER
uw ovxicvs
HEEDEC,
DU PONT &
DALLE PAZZE, u.v
su1Te sro
IE01 ORANGE STREET
1VIUIING1pN~ OQ 19801
6HIS)655650]
F '
I, MARTHA S. TUCKER, of New Castle County, Delaware, declare this
to be my Will and I hereby revoke all prior Wills.
ITEM FII2ST: TANGIBLE PERSONAL PROPERTY
A. Lifetime Decimation. If I should leave a statement (which is signed
by me or is in my handwriting) expressing my wishes with respect to the distribution of
certain items of my tangible personal property, I direct my Executor to probate such
statement and I give to the persons named therein, who shall survive me, the tangible
personal property indicated therein. In the event of two or more such statements
disposing of the same property, the later shall govern with. respect to such property.
B. Testamentary Disposition. I give my tangible personal property not
otherwise disposed of effectively, together with all policies of insurance thereon, to my
husband, ROBERT L. TUCKER, if he survives me by thirty days, otherwise to such of
my children, KEVIN S. TUCKER and SEAN C. TUCKER, who survive me by thirty
days, in substantially equal shazes as they shall agree; provided, however, that if any
child of mine fails to survive me by thirty days leaving issue surviving me by thirty days,
such issue shall shaze, per stirpes, in the distribution of my tangible personal property to
the same extent as would have such deceased child had he survived me by thirty days.
C. Persons under Legal Disability. I direct that my Executor represent
the interest of any beneficiary under a legal disability in the distribution of my tangible
personal property. A receipt for any such property distributed by my Executor in a
manner that my Executor deems to be in the best interest of the beneficiary and the
administration of my estate shall completely discharge my Executor with respect to such
property.
D. Costs of Delivery. I direct that all costs of delivering my tangible
personal property, including costs ofpackaging, insurance and transportation, shall be
paid as an expense of settling my estate.
ITEM SECOND: RESIDUARY ESTATE
I give and devise the residue of my estate to the Trustee of the Trust
Agreement I entered into on Apri124, 1995, with myself as Trustee, to be held and
administered in accordance with the provisions of such Trust Agreement as they maybe
in effect at the time of my death.
J
I direct that the property passing to such trust be merged with the property
already held therein and that no part of such property shall be considered to be subject to
a separate testamentary trust; and such Trustee shall not be required to file any bond,
with or without surety, or submit any inventory or accounting with respect to such
property.
ITEM THIl2D: POWERS OF EXECUTOR
A. Specific Powers. I authorize my Executor to exercise the speciFc
powers hereafter enumerated (in addition to those confen•ed bylaw) in administering my
estate, such powers not being exhausted by the use thereof
(1) To retain any of my property for such period as it deems to
be in the best interest of my estate.
(2) To sell at public or private sale, exchange for like or unlike
property, lease for terms longer or shorter than the administration of my estate and
otherwise dispose of any property not specifically disposed of hereunder at such price
and on such terms as it shall deem to be proper.
(3) To invest in such stocks, bonds, notes, securities, improved
and unimproved real estate, open- and closed-end investment funds, bank common
funds, life insurance and/or other property, whether real, personal or mixed and whether
or not income producing, as it deems to be proper for my estate, regardless of any rules
requiring diversification or limiting investments to specifically authorized investments
or those which individually meet certain standards.
(4) To purchase or sell property through such brokerage firms as
it deems to be in the best interest of my estate.
(5) To vote any shazes of stock either directly or by proxy.
(6) To participate in any proceeding for protecting or liquidating
an interest in any property or for reorganizing a corporation or consolidating or merging
one or more corporations, in either instance accepting new or substituted securities with
different priorities, rights or privileges and paying any assessment or expense incident
thereto.
(7) To make any division or distribution in cash or in kind, or
partly both, and to make reasonable and equitable valuations and apportionments
thereof, and to elect to recognize, for Federal income-tax purposes, any gain or loss that
maybe realized on a distribution in kind.
(8) To rely upon such information in determining the rights of
any person as it, after due diligence, believes to be correct.
(9) To determine whether receipts and disbursements shall be
credited to or charged against income or principal, or partly both.
(10) To borrow from any person and to encumber any property in
my estate as security.
(11) To institute, compromise, settle, submit to arbitration or
litigate any claim.
(12) To employ agents and advisers whose services it deems to
be beneficial to the administration of my estate.
(13) To hold property in the name of a nominee.
(14) To maintain, repair, alter, improve, tear down, insure, lease
for any period, partition, pay taxes on or otherwise deal with any real property or interest
in real property.
(15) To participate fully in the maziagement of any
proprietorship, partnership, or other business enterprise to the same extent that I could
when alive.
(16) To purchase and sell options to purchase any property.
B. Dealing with Interested Parties. I authorize my Executor to enter into
any otherwise-proper transaction with any beneficiary of my estate, the estate of any
such beneficiary, any person acting as Executor hereunder or the fiduciaries of any trust
or estate (even if such fiduciary shall be acting hereunder}.
C. Self-dealing. I authorize my Executor to utilize any services offered
by, and to enter into business dealings with, any person acting hereunder if: (i) such
services or business dealings are otherwise proper for the administration of my estate
(other than for the fact that it may be "self dealing") and (ii) such services or business
dealings are approved by the other person or persons, if any, acting as Executor.
D. Exculpation of Others. No person dealing with my Executor shall be
obliged: (i) to see to the application of any property delivered to my Executor, (ii) to
inquire into the necessity or propriety of my Executor exercising any power, or (iii) to
determine the existence of any fact upon which my Executor's power to act maybe
conditioned.
ITEM FOURTH: TAXES AND ADMINISTRATION EXPENSES
A. Tax Elections. I authorize my Executor to use administration
expenses as deductions for estate-tax purposes or income-tax purposes, and to use
date-of--death values or alternate values for estate-tax purposes.
I authorize my Executor: (i) to file a joint income-tax return with my
husband for any taxable year or period, (ii) to consent to the splitting of gifts made by
me or by my husband for gift-tax or generation-skipping-transfer-tax purposes and (iii)
to pay from my estate all or any part of the resulting tax liabilities.
B. Payment of Funeral Expenses Debts Taxes and Costs of
Administration. I direct that: (i) my funeral expenses (including memorial service and
marker), (ii) my debts (other than those owed jointly with another person), (iii) the costs
of administering my estate, and (iv) all transfer taxes payable with respect to any
property taxable by reason of my death, whether or not payable by my estate or by any
recipient of such property and whether or not such property passes under this Will, shall
be paid, to the extent possible, out of my residuary estate.
I further direct that no tax payable by my Executor shall be apportioned
among or charged against any property passing to any person, and my Executor shall not
seek contribution with respect thereto, provided, however, that I authorize my Executor
to call upon the Trustee of the trust refen•ed to in ITEM SECOND for such funds as my
Executor deems necessary or desirable for the payment of my debts, funeral expenses,
costs of administration, legacies and transfer taxes, having regard for the best interests of
my estate and the beneficiaries of my estate.
In addition, if my husband shall have created a trust that contains
provisions concerning costs of administration and taxes in my estate, I direct my
Executor to call upon the Trustee of such trust for funds for the payment of such costs
and taxes to the extent such funds maybe available under the provisions of such trust.
Notwithstanding the foregoing, I direct my Executor not to accept from
the Trustee of any trust referred to above any property that is not includible in my gross
estate for federal estate-tax purposes (or that would not be so includible if it were not
distributed to my Executor). I authorize my Executor to prepay taxes on future interests
and to pay any Pennsylvania inheritance taxes within the time allowed for obtaining a
discount thereon.
C. Joint Obligations. I authorize my Executor to pay any debt owed
jointly with another, with or without seeking contribution. therefor, as my Executor
deems in the best interest of my estate.
D. Equitable Adiustments. I authorize my Executor not to seek
contribution from or adjust the interest of any person affected by any decision of my
Executor or by operation of any law.
ITEM FIFTH: POWERS OF APPOINTMENT
I declare that I do not intend to exercise any power of appointment that I
may have at the time of my death, and nothing in this Will is to be considered an
exercise of any such power, in whole or in part.
ITEM SIXTH: DEFINITIONS
Terms used throughout this Will shall be construed in the gender and
number required by the context in which they are used. In addition:
A. "My husband" refers only to ROBERT L. TUCKER
B. "Issue" includes all descendants of the individual referred to,
whenever born. A child in gestation shall be considered to be living, but only if born
alive.
C. An adopted person shall, for all purposes, be deemed to be a natural
child of the adopting person but only if legally adopted while under the age of eighteen
(18)•
D. In determining an individual's issue, "per stirpes," the particular issue
and their interests shall be determined according to the principle of representation, with
the children of that individual being taken to be the heads of the respective stocks of
issue, a parent taking to the exclusion of his or her descendants, and siblings sharing
equally among themselves.
E. "Person" includes an individual, corporation, partnership,
governmental body or other entity.
F. "Executor" includes the executor or administrator of a decedent's
estate and includes all persons serving at any given time.
G. "Trustee" includes all persons serving at any given time.
H. "Code" means the Internal Revenue Code of 1986, as amended, or
any corresponding Federal tax statute enacted hereafter. ,A reference to a Section of the
Code refers not only to that Section but also any corresponding provision of any Federal
tax statute enacted hereafter, as in effect on the date of application.
I. "Transfer taxes" means all applicable federal estate taxes (except
additional estate taxes imposed under Section 2032A of the Code), state inheritance or
estate taxes, and federal and state generation-skipping transfer taxes imposed on any
direct skip of which I am, or am deemed to be, the transferor, and any interest and
penalties thereon. The term does not mean federal and state gift taxes, federal and state
generation-skipping transfer taxes imposed on any taxable distributions, taxable
terminations, and direct skips of which I am not, or am not deemed to be, the transferor,
or any income, real estate transfer or other taxes or duties imposed by any governmental
body.
ITEM SEVENTH: SIMULTANEOUS DEATHS
If the order of our deaths cannot be determined, then for the purposes of
administering my estate, I direct that my husband shall be deemed to have predeceased
me, notwithstanding any statute or rule of law to the contrary.
ITEM EIGHTH: NOMINATION OF EXECUTOR
A. Nomination. I nominate as Executor of'this Will such one of the
following, in the order listed, as shall be willing and able to serve:
(1) my husband, ROBERT L. TUCKER;
(2) my son, KEVIN S. TUCKER; or
(3) my son, SEAN C. TUCKER.
B. Bond. I direct that no person named in this ITEM be required to give
bond before receiving letters testamentary as my Executor.
C. Ancillarv Administration. If ancillary administration of any part of
my estate is required, I direct my Executor to appoint either itself or such other person or
persons as it may choose. Such representative shall have all rights, powers and duties
granted to my Executor and the costs of such ancillary administration shall be paid out
of my residuary estate.
IN WITNESS WHEREOF, I, MARTHA S. TUCKER, being over
eighteen (18) years of age, of sound mind and under no constraint or undue influence, do
freely and voluntarily execute this Will this
Gt,u c ,4.~~ , 2005.
g _ day of
"rte tel. .~c,~~- (SEAL)
MARTHA S. TUCKER
Executed by MARTHA S. TUCKER, as her last Will in the presence of
us, who, in her presence, at her request, and in the presence of each other, have
subscribed our names as witnesses on the same date.
Witness:
V H'k- ~ ia1Q..dr~ resident of 1'12---~I~a.~P n,~,
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STATE OF DELAWARE )
SS
COUNTY OF NEW CASTLE )
Before me, the subscriber, on this day personally appeazed MARTHA S.
TUCKER, Gl n A , fGGr-[/ ,and ~/ !; u M a. d~ ~~,-~f J~ ,
known to me to be the testatrix and ie witnesses, respectively, whose names are signed
to the attached or foregoing instrument and, all of these persons being by me first duly
sworn, MARTHA S. TUCKER, the testatrix, declazed to me and to the witnesses in my
presence that the instrument is her last Will and that she had willingly signed or directed
another to sign for her, and that she executed it as her free and voluntary act for the
purposes therein expressed; and each of the witnesses stated to me, in the presence and
hearing of the testatrix, that such person signed the Wil] as witness and that to the best
of such person's knowledge the testatrix was eighteen yeazs of age or over, of sound
mind and under no constraint or undue influence.
Witness
~ le~wrrl.a .~ ~i.r c ~c e.,
MARTHA S. TUCKER, testatrix
n~ ~ ~ ~~
W' ess
Subscribed, sworn and acknowledged before me by MARTHA S.
TUCKER, the testatrix, and subscribed and sworn before me by
J aN h A • HFirzlG~r and GU/ llr Qh+ i3, aC~ Pan f /r;
witnesses, this !9~ dayof_~, 2005.
` ~~~~ ~,~ PATRICIA L. BEAUCIiESNE
NOTARY PUBLIC
Notarial Officer Signature Title STATE OF dE
My wmmisslon expiros Pday 25, 2006
Commission Expires:
uwomces
HErsnec,
nu Pour &
DALLE PAZZE, LLr
su1Te sao
1ibl OR.1NO85IRERT
C~~p~
SUPPLEMENTAL TRUST AGREEMENT
BETWEEN
MARTHA S. TUCKER, TRUSTOR
AND
MARTHA S. TUCKER AND
ROBERT L. TUCKER, TRUSTEES
WILMINGTON. D6 IH01
IYlS16F56500
TABLE OF CONTENTS
SECTION 1. DEFINITIONS ......................................................................................................1
SECTION 2. DISTRIBUTIONS DURING TRUSTOR'S LIFETIME .......................................2
SECTION 3. DISTRIBUTIONS UPON TRUSTER'S DEATH ................................................3
SECTION 4. DIVISION OF THE TRUST FUND AFTER TRiJSTORS DEATH ....................3
SECTION 5. TRUSTS FOR PERSONS UNDER 25 OR DISABLED ......................................7
SECTION 6. ALTERNATIVE METHODS OF DISTRIBUTION ............................................7
SECTION 7. SPENDTHRIFT PROVISION ..............................................................................8
SECTION 8. DISCLAIMERS ....................................................................................................8
SECTION 9. POWERS OF TRUSTEE ......................................................................................8
SECTION 10. PROVISIONS RELATING TO TRUSTEE ........................................................11
SECTION 11. SPECIAL INCOME PROVISIONS ....................................................................13
SECTION 12. GOVERNING LAW ...........................................................................................13
SECTION 13. ADDITIONS TO TRUST ...................................................................................13
SECTION 14. POWER TO AMEND .........................................................................................13
SECTION 15. TITLES ................................................................................................................14
SECTION 16. TRUSTEE'S ACCEPTANCE .............................................................................14 I
/~ THIS SUPPLEMENTAL TRUST AGREEMENT, made this 1~__ day
of ~t.ct,2~-w.~ , 2005, between MARTHA S. TUCKER, of New Castle
County, lawaze, as "Trustor," and MARTHA S. TUCKER and ROBERT L. TUCKER,
hereinafter collectively referred to as "Trustee."
WHEREAS, on Apri124, 1995, Trustor entered into an Agreement with Trustee
that created a trust of certain property, and
WHEREAS, such Agreement has previously been amended by First Trust
Modification dated November 7, 2003, and
WHEREAS, such Agreement, as previously amended, specifically permits
further amendment, and
WHEREAS, Trustor now desires to exercise again her right to modify and
completely restate such Agreement, as previously amended.
NOW, THEREFORE, such Agreement, as previously amended, is hereby
modified as follows:
1. Trustor's husband, ROBERT L. TUCKER, is hereby named as Co-Trustee.
2. Pazagraphs 1 through 14 of such Agreement are hereby revoked and the
following Sections 1 through 16 aze substituted in lieu thereof:
"SECTION 1. DEFINITIONS
Terms used throughout this Agreement shall be construed in the gender and
number required by the context in which they aze used. In addition:
A. "Trustor's husband" refers only to ROBERT L. 'PUCKER.
B. "Issue" includes all children and other descendants of the individual referred
to, whenever born. A child in gestation shall be considered to be living, but only if bom
alive.
C. An adopted person shall, for all purposes hereunder, be deemed to be a
natural child of the adopting person but only if legally adopted while under the age of
eighteen (18).
D. In determining an individual's issue, "per stirpes," the particular issue and
their interests shall be determined according to the principle of'representation, with the
children of that individual taken to be the heads of the respective stocks of issue, a parent in
each line of descendants taking to the exclusion of his or her descendants, and siblings
sharing equally among themselves.
E. "Person" includes an individual, corporation, partnership, governmental body
or other entity.
F. "Spouse" of an individual includes a widow or widower, whether or not
remarried, but does not include anyone who is legally sepazated or divorced from such
individual.
G. "Trustee" includes all persons serving at any given time.
H. "Executor" means the executor or administrator of a decedent's estate and
includes all persons serving at any given time.
I. "Code" means the Internal Revenue Code of 1986, as amended, or any
corresponding federal tax statute enacted hereafter. A reference to a Section of the Code
refers not only to that Section but also any corresponding provision of any federal tax statute
enacted hereafter, as in effect on the date of application.
J. "Attorney-in-fact" of an individual means any person authorized by a valid
power of attorney to act on behalf of such individual.
K. "Education" includes elementary, secondary, undergraduate, graduate,
professional and technical instruction.
L. "Health" includes medical, dental, hospital and nursing expenses and
expenses of invalidism.
M. "Support" means support in the accustomed manner of living.
SECTION 2. DISTRIBUTIONS DURING TRUSTOR'S LIFETIME
A. Trustor's Benefits. During Trustor's lifetime Trustee shall hold and manage
the trust fund, collect the income from it, pay out of the income all chazges and expenses
properly payable from it, and distribute to Trustor so much of the net income and the
principal as she may request.
B. Trustee's Power to Invade Principal. Notwithstanding the previous paragraph,
during any period in which Trustor shall be unable to manage her affairs, whether due to
incapacity or unavailability, Trustee is authorized to distribute the net income and/or
principal for the support, education and health of Trustor, Trustor's husband, Trustor's issue
and the spouses of Trustoe's issue, in such amounts, and proportions, and to such extent as
Trustee shall deem to be in her best interest.
C. Distributions to Attomey-in-fact. Further, during any such period in which
Trustor shall be unable to manage her affairs, Trustee shall distribute to Trustor's
attomey-in-fact so much of the net income and/or principal as lie or she shall request in
writing for purposes of carrying out the powers granted to him or her, and Trustee shall have
no responsibility to monitor the attomey-in-fact's disposition of such net income and/or
principal.
D. Undistributed Income. Any net income not so distributed under the preceding
paragraphs shall be accumulated and added to principal.
E. Incapacity Defined. Trustor shall be deemed to be unable to manage her
affairs due to incapacity upon written certification to that effect by a licensed medical doctor.
SECTION 3. DISTRIBUTIONS UPON TRUSTOR'S DEATH
Upon Trustor's death, Trustee shall distribute to Trustor's Executor (and/or any
other person specified by it) so much of the principal of the trust fund as the Executor shall
certify as necessary or desirable to provide adequate funds with which to pay: (i) Trustoe's
debts and funeral expenses (including memorial service and marker), (ii) all legacies payable
under Trustor's last Will, (iii) all costs of administering Truster's estate, and (iv) all transfer
taxes payable as a result of Trustor's death, whether or not payable by Trustor's estate or any
beneficiary, and whether or not such property is held in the trust fund. Such certification shall
be binding on Trustee and all persons interested in the trust fund.
SECTION 4. DNISION OF THE TRUST FUND AFTER TRUSTOR'S DEATH
A. Marital Gift. (1) Determination of Amount. If Trustor's husband survives
Trustor, Trustee shall distribute to him an amount (to be referred to as the "Marital Gift")
equal to the maximum marital deduction allowable to Trustor's estate for federal estate-tax
purposes less: (i) an amount equal to the federal estate-tax deduction allowed for interests in
property passing or that have passed to Trustor's husband otherwise than by the terms of this
Section A, (ii) the maximum amount, if any, that will not increase Trustor's federal estate-tax
liability (considering the credit for state death taxes only to the extent that state estate (pick-
3
up) taxes are not thereby incurred or increased) and (iii) if Trustor's husband does not survive
Trustor by one-hundred eighty (180) days, the smallest amount, if any, that will cause
Trustor's estate and his to be taxed in the same mazginal federal estate-tax bracket,
determined as if he had died immediately after Trustor and his estate were valued as of the
date on, and in the manner in, which Trustor's estate is valued for federal estate-tax purposes.
Trustee shall accept the statements of Trustor's and Trustor's husband's Executors as to all
information required to comply with this provision, without further inquiry, and such
statement shall be binding and conclusive upon all persons having an interest in Trustor's
estate. The Marital Gift shall not be diminished by any estate or inheritance tax.
(2) Satisfaction of Gift. In satisfying the Marital Gift, Trustee shall select
and distribute cash, securities and other property that qualifies for the marital deduction,
valued at its fair mazket value on the date or dates of distribution.
Further, to the extent there is sufficient other property, Trustee shall not
satisfy the Marital Gift with any asset that would constitute income in respect of a decedent
or would produce for Trustor's estate a credit for foreign death taxes.
(3) Imuact on Elections. Nothing in this Subsection A shall be deemed to
impose upon the Trustee or Trustor's Executor any duty to exercise any election available in
the administration of Trustor's estate so as to maximize Trustor's estate in order to maximize
the marital deduction.
B. Family Trust. (1) Provisions During Husband's Lifetime. Trustee: (i) shall
hold and manage the balance of the trust fund as a separate trust (to be referred to as the
"Family Trust"), collect the income from it, pay out of the income all chazges and expenses
properly payable from it and distribute to Trustor's husband, if he survives her, the net
income during the remainder of his lifetime; and (ii) is authorized to distribute principal for
the support, health and education of Trustor's husband and issue at such time or times, in
such amounts and to such extent as Trustee deems to be in Trustor's husband's best interest,
taking into account other funds available to them (the intention being that such other funds be
utilized first to the extent practicable absent special circumstances deemed appropriate by the
Trustee). Any distribution of principal to or for the benefit of an issue of Tmstor, during her
husband's lifetime, may or may not, at the discretion of Trustor's husband, be considered an
advancement for purposes of Pazagraph (5) of this Subsection R. If any such distribution is to
be considered an advancement, it shall be clearly set forth in the written records of the trust
fund.
In addition, Trustor's husband shall have the right to use any and all
residential real estate held in the trust fund free of rent and without any responsibility for
deterioration or loss in value thereof due to normal usage or passage of time.
(2) Husband's Power of Annointment. On the death of Trustor's husband
(if he survives Trustor), Trustee shall distribute the principal, as it is then constituted, to such
of Trustor's issue and/or the spouses of Trustor's issue, in such. manner and amounts, for such
interests or estates, whether in trust or otherwise, and on such tenns as Trustor's husband
shall have appointed effectively by the last written instrument making specific reference to
this limited power of appointment which he shall have executed and delivered to Trustee
during his lifetime, or failing any such instrument, then by a provision in his last Will making
specific reference to this power. Notwithstanding the foregoing, Trustor's husband shall not
confer upon the spouse of any issue of Trustor any interest other than an interest in some
portion or all of the net income.
(3) Trust for Children. If Trustor's husband shall survive Trustor, then
upon his death and as to so much, if any, of the trust fund as he shall not have fully and
effectively appointed, or if Trustor's husband shall have predeceased Trustor, then upon her
death and as to the entire trust fund, Trustee shall hold the same in further trust hereunder so
long as there shall be living any child of Trustor under the age oftwenty-five (25) and the
Trustee is authorized to distribute net income and/or principal for the health, support and
education of Tnrstor's issue living from time to time, in such amounts and proportions
(whether equal or unequal), at such time or times, and to such extent, if any, as Trustee, in its
discretion, shall deem to be in the best interest of such issue. Any net income not so
distributed shall be accumulated and added to principal.
Further, Trustee may, if it deems it advisable and appropriate, distribute
principal to help defray the cost of a wedding, to assist a beneficiary to purchase a home,
and/or to enter a business or profession. Any distribution of principal made for the purposes
set forth in the preceding sentence shall be considered an advancement. In addition, any
distribution of principal to or for a child of Trustor who has reached his or her twenty-first
(21S`) birthday shall be considered an advancement. The cumulative amount of any such
advancement shall not be of such a size as to frustrate the purposes of Paragraph (5) below.
(4) Distribution to Guazdian(s). Trustee shall distribute to the person or
persons, if any, acting as guazdian of any minor child or children of Tnrstor the sum of Five
Thousand Dollars ($5,000.00) per yeaz for acting as such, in appreciation therefor.
(5) Division into Shares. As soon after the death of the survivor of
Trustor and Trustor's husband as there shall no longer be living any child of Trustor under the
age oftwenty-five (25), or upon the death of such survivor if no then-living child of Trustor
shall be under the age of twenty-five (25), Trustee shall divide the trust fund, as it is then
constituted, and to the extent not fully and effectively appointed by Trustor's husband if he
shall have survived Trustor, into such number of shares as shall be necessary to set aside one
share for each then-living child of Trustor and one share for each then-deceased child of
Trustor who shall berepresented bythen-living issue. Such shares shall be equal in value
taking into account all prior distributions which shall have been considered advancements,
which advancements shall be valued on the date of distribution. Despite the foregoing, if, for
some reason beyond the control of a Trustee, the aggregate value of advancements to any
child and his or her issue shall exceed the value of the shaze which would otherwise be set
aside for such child under the provisions hereof, neither Trustee nor any other person shall
have any right of reimbursement for such excess from such child, his or her estate or any
other person.
(6) Distribution of Shares for Remote Issue. As to each share set aside
for a deceased child, Trustee shall distribute such shaze to the then-living issue of such child,
per stirpes.
(7) Trusts for Children's Shazes. As to each share set aside for athen-
living child of Trustor, Trustee shall hold the same in further trust hereunder and distribute to
such child the net income thereof. In addition, Trustee shall distribute to such child up to one-
third (1/3) of the value of such child's shaze, upon his or her request, at any time after he or
she attains the age of twenty-five (25), taking into account prior advancements (for these
purposes, the value of a child's shaze shall be determined at the time such share is set aside
and shall include the value of any prior advancements); up to two-thirds (2/3) of the value of
such child's shaze, upon his or her request, at any time after he or she attains the age of thirty
(30), taking into account prior advancements and withdrawals (for these purposes, the value
of a child's shaze shall again be determined at the time such share is set aside and shall
include the value of any prior advancements); and shall distribute to such child so much of
the principal of such child's shaze as he or she shall request at aziy time after he or she attains
age thirty-five (35). In addition, Trustee shall have the power to terminate the trust with
respect to such child's share and distribute the principal to such child at any time after such
child attains the age of thirty-five (35).
(8) Distribution of Undistributed Amount. If a child of Tnxstor for whom
a share shall have been set aside shall die prior to the distribution of the whole of such share,
Trustee (upon the death of such child) shall hold the balance of such shaze in further trust
hereunder and distribute the net income therefrom to such child's surviving spouse, if any,
until the death or remamage of such surviving spouse, whichever occurs first, whereupon, or
if there is no surviving spouse, Trustee shall distribute so much of such share as shall then be
held in trust hereunder to the then-living issue, per stirpes, of such child, or if there shall be
no issue then living of such child, then to Trustor's then-living issue, per stirpes; provided,
however, that any portion of such share distributable to any other child For whose benefit a
shaze or any part thereof shall then be held in trust hereunder, shall be added to such share or
part of a shaze then being held for such child, to be thenceforth held, administered and
distributed as a part thereof.
6
(9) Failure of Beneficiaries. If the Trustee holds any portion of the
Family Trust at a time when there is no then-living beneficiary thereof under the foregoing
provisions, Trustee shall distribute the same: (i) one half to such living person or persons as
are then determined to be Trustor's distributees under the intestacy laws of Delaware then in
effect as though she had died at that particulaz time, intestate, a resident of Delaware and
owning one half of the property then so distributable and (ii) one half to such living person or
persons as are then in determined to be Trustor's husband's distributees under the intestacy
laws of Delaware then in effect as though he had died at that particulaz time, intestate, a
resident of Delawaze and owning one half of the property then so distributable.
SECTION 5. TRUSTS FOR PERSONS UNDER 25 OR DISABLED
A. Separate Trust. Notwithstanding the foregoing, as to any net income or
principal otherwise distributable to any beneficiary who shall be under 25 or under a legal
disability, Trustee is authorized either to: (i) distribute the same to the beneficiary or (ii) hold
the same in a separate, vested trust distributing to such beneficiary so much thereof, and the
net income therefrom, as Trustee shall deem necessary to provide for such beneficiary's
health, maintenance, education and general welfare (taking into account other funds available
for such purposes) and adding to principal any net income not so distributed.
B. Mandatory Termination. Trustee shall distribute this trust to such beneficiary
at 25 or at such later time as such legal disability is removed, but if he or she should die prior
thereto, then Trustee shall distribute all personal property to the beneficiary's Executor and all
real property to the person or persons entitled thereto under the beneficiary's last Will, or
failing any such Will, then to the beneficiary's intestate heirs.
SECTION 6. ALTERNATNE METHODS OF DISTRIBUTION
Any net income or principal otherwise distributable to any beneficiary, maybe,
without regard to any attempted alienation or attachment: (i) applied directly for such
beneficiary's benefit, (ii) delivered to such beneficiary (whether or not an adult), to a legally
constituted representative of the person or property of such beneficiary, to a custodian for
such beneficiary under a law designed to facilitate gifts to minors (including a custodian
designated by Trustee), and/or to an adult individual with whom such beneficiary resides (to
be used only for the benefit of such beneficiary), and/or (iii) deposited to the account of such
beneficiary in a financial institution.
SECTION 7. SPENDTHRIFT PROVISION
The interest of any beneficiary in either the net ina~me or principal shall not be
assigned or in any other manner alienated by such beneficiary. Moreover, no such interest
shall be subject to attachment or any other legal or equitable process instituted by any person.
SECTION 8. DISCLAIMERS
Nothing herein shall limit the right of any beneficiary (or his or her legally
constituted representative) to disclaim or relinquish any interest, in whole or in part, thereby
accelerating any succeeding interest.
SECTION 9. POWERS OF TRUSTEE
A. General Powers. Trustee shall have the power to do all things an individual
could do with respect to her own property. No enumeration of specific powers herein shall
limit the foregoing and no specific power shall be exhausted by its use.
In managing the investments Trustee is authorized to view the investments as a
whole and not necessarily individually, taking into account the needs of the beneficiaries, the
size of the trust, and the general economic and tax conditions.
B. Specific Powers. Trustee is specifically authorized:
(1) To retain any property delivered to it for such period as it deems in
the best interest of the trust, regazdless of any rules requiring diversification or limiting
investments to specifically authorized investments or those which individually meet certain
standazds.
(2) To sell at public or private sale, exchange for like or unlike property
and otherwise dispose of any property for such price and on such terms as Trustee deems
proper.
(3) To invest in such stocks, bonds, notes, securities, improved and
unimproved real estate, general and limited partnerships, joint ventures, mutual and common
funds, life insurance and/or other property, whether or not income producing, as Trustee
deems proper for the trust, regazdless of any rules requiring diversification or limiting
investments to specifically authorized investments or those which individually meet certain
standazds.
(4) To operate, repair, alter, improve, tear down, insure, grant options
upon, partition, lease for any period of time and/or pay taxes on any real property or interest
in real property.
(5) To purchase or sell property through such brokerage firms as Trustee
deems in the best interest of the trust.
(6) To vote any shazes of stock either directly or by proxy, including the
power to vote shares of a corporate Trustee's own stock without liability for so doing, unless
and to the extent only that it maybe affirmatively shown that in so voting such shares,
Trustee acted in bad faith and in wanton disregazd of the rights and interests of any
beneficiary.
(7) To participate in any proceeding for liquidating or protecting an
interest in any property or For reorganizing a corporation or consolidating or merging one or
more corporations, in either instance accepting new or substituted securities with different
priorities, rights or privileges and paying any assessment or expense incident thereto.
(8) To make any division or distribution in cash or in kind, or partly both,
and to make reasonable and equitable valuations and apportionments thereof, subject to any
specific allocation provisions herein, and to elect to recognize, for Federal income-tax
purposes, any gain or loss that maybe realized on such a distribution in kind.
(9) To rely upon such information in determining the rights of any person
as Trustee, after due diligence, believes to be correct.
(10) To determine whether receipts and disbursements shall be credited
to or chazged against income or principal, or partly both, in accordance with Delaware law.
(11) To borrow from any person and to encumber any property in the
trust as security.
(12) To make loans against adequate collateral and at appropriate interest
to, and/or to purchase any property from, any person.
(13) To institute, compromise, settle, submit to arbitration or litigate any
claim.
(14) To employ agents and advisers whose services maybe beneficial to
the administration of a trust.
(15) To hold property in the name of a nominee.
9
(16) To participate fully in the management of any proprietorship,
partnership, or other business enterprise.
(17) To purchase and sell options to purchase any property.
(18) To make any distribution otherwise payable to a minor to a
custodian under any law designed to facilitate gifts or transfers to minors, which custodian
maybe selected by Trustee.
(19) To sepazate any trust created herein into two or more trusts to be
administered separately if Trustee deems it to be in the best interests of the beneficiaries or if
ease of administration would thereby be facilitated.
(20) To merge any trust created herein that is substantially the same as
(but not necessarily identical to) any other trust established for the same person or persons
with such other trust, whereupon the merged trusts shall thereafter be held, administered and
distributed as one, under whichever of the trust instruments the Trustees of the merged trusts
shall agree upon.
(21) To terminate any trust or share created hereunder if Trustee deems it
to be so small as to not be able to justify the continuation thereof, in which case Trustee shall
distribute the entire balance of such trust or shaze to the primary beneficiary.
C. Conflicts of Interest. Trustee is authorized to enter into any otherwise-proper
transaction with Trustor's estate, any beneficiary, any beneficiary's estate, any person acting
as Trustee hereunder, or the fiduciaries of any other trust or estate (even if such fiduciary
shall be acting hereunder).
D. Self Dealine. Trustee is authorized to utilize any services offered by, and tc
enter into business dealings with, a person acting as Trustee hereunder if (i) such service or
business dealing shall otherwise be proper for the adminstration of the trust (other than for
the fact that it maybe "self dealing") and (ii) it is authorized by the person or persons then
acting as Trustee of that trust.
E. Adequate Consideration. Nothing in this Agreement shall be construed to
authorize any person to purchase, exchange or otherwise deal with or dispose of any property
held hereunder for less than adequate consideration.
10
SECTION 10. PROVISIONS RELATING TO TRUSTEE
A. Trustee Succession.
(1) At any time when either MARTHA S. 'T'UCKER or ROBERT L.
TUCKER ceases to act as Trustee, KEVIN S. TUCKER, if he is then willing and able, shall
act as Successor Trustee to her or him.
(2) At any time when neither ROBERT L. 'TUCKER nor MARTHA S.
TUCKER is acting as Trustee, SEAN C. TUCKER, if he is willing and able, shall act as
Successor Co-Trustee.
(3) There shall always be at least two (2), and not more than three (3),
persons acting as Trustee of each trust hereunder, although they need not be the same for each
trust.
(4) Any person acting as Trustee shall have the power to resign at any
time. An individual shall be deemed to have resigned upon the certification of a licensed
medical doctor that such individual is unable to manage his or her financial affairs.
(5) Subject to the foregoing, at any time when there aze fewer than three
persons acting as Trustee another Trustee maybe appointed, or shall be appointed if
otherwise there shall be only one person acting as Trustee, by such of the following, in the
order named, who shall be willing and able to so appoint:
(a) the individual to be succeeded (where an individual ceases
to act as Trustee, provided such appointment is made prior
to the time when that individual ceases to act),
(b) the other individual or individuals acting as Trustee,
(c) the other person acting as Trustee, or
(d) the primary beneficiary,
(6) At any time the individual or individuals acting as Trustee may
remove with or without cause any corporation acting as Co-Trustee.
(7) In the event of the absence of any Trustee under the foregoing
provisions, WILMINGTON TRUST COMPANY, a Delaware corporation, its successors
and/or assigns, is hereby appointed as Trustee and shall appoint an individual to act as
Trustee with it.
11
B. Trustee Decisions. If two persons shall be acting as Trus[ee, they shall ac[ by
unanimous decision and if more than two, they shall act by majority decision. hi
implementing any decision, however, any person acting as Trustee may act alone on behalf of
all of them. Notwithstanding the foregoing, however, no individual other than Trustor shall
participate in any decision affecting the discretionary distribution of net income or principal
to that same individual or to another person to whom that individual owes a legal obligation
when such a distribution would satisfy or dischazge that obligation.
C. Trustee Liability. Upon any person's ceasing to act as Trustee, such person
shall be without any further liability or responsibility to any past, present or future
beneficiaries, unless objections to such person's actions as Trustee aze filed with such person
or such person's legal representative within 120 days of such person's ceasing to act.
A successor Trustee shall be under no duty to examine the accounts and records
of its predecessor or to inquire into the acts or omissions of its predecessor, but shall be
responsible only for property received and held by it in trust and for its actions with respect
thereto after it begins to act as Tmstee.
D. Exculpation of Others. No person dealing with Trustee shall be obliged: (i)
to see to the application of any property delivered to Trustee, (ii) to inquire into the necessity
or propriety of Trustee exercising any power, (iii) to determine the existence of any fact upon
which Trustee's power to act maybe conditioned, or (iv) to ascertain whether any person
acting as Trustee in fact has the authority to represent and act on behalf of any other person
acting as Trustee.
E. Presumption of Propriety. Each person acting as Trustee shall be presumed to
have acted within the scope of its authority, to have exercised reasonable care, diligence and
prudence, and to have acted impartially as to all persons unless it be affirmatively shown that
such person acted in bad faith and in wanton disregard of the rights and interests of any
person.
F. Equitable Adjustments. Trustee shall not seek contribution from or adjust the
interest of any person affected by any decision of Trustee or by operation of any law.
G. Compensation. An individual shall be entitled to reasonable compensation.
A corporate Trustee shall be entitled to such compensation as shall be agreed upon from time
to time with the individual or individuals then acting as Trustee. 1n the event of any
extraordinary services, there maybe additional compensation. All compensation shall be
charged to income or principal and extraordinary compensation shall be divided among the
persons acting as Trustee as they shall agree.
12
H. Accountin¢s and Bond. Trustee shall have no duty to file any bond, inventory
or accounting with any Court, but at any time that Trustor is not serving as Trustee, Trustee
shall deliver an annual account of all trust activities to each current beneficiary or his or her
pazent or legal representative.
SECTION 11. SPECIAL INCOME PROVISIONS
A. Income from Additions. All dividends declared after transfer of shares of
stock to Trustee and all interest or other income that has accrued on an obligation or other
property at the time of transfer to Trustee shall belong to Trustee and not the transferor. All
cash and optional dividends and all such interest or other accrued income shall be treated as
income upon receipt.
B. Frequency of Distributions. Net income that is distributable shall be
distributed in convenient installments at least quarterly.
C. Accrued Income on Termination of Interests. Any income accrued but not yet
received by Trustee or received but not yet distributed to a beneficiary at the time of the
termination of such beneficiary's income interest shall be distributable to the next income
beneficiary.
SECTION 12. GOVERNING LAW
This Agreement shall be administered and construed under Delaware law and
each trust hereunder shall be deemed to have a Delawaze situs.
SECTION 13. ADDITIONS TO TRUST
Any person may add to any trust provided the property being added is acceptable
to Trustee and consideration is given to the possible consequences of making additions to any
trust that may be exempt from generation-skipping transfer taxes.
SECTION 14. POWER TO AMEND
Trustor reserves the right to modify or terminate this Agreement in whole or in
part. The responsibilities and compensation of Trustee shall not be changed substantially
without its consent, however.
13
SECTION 15. TITLES
Titles of the various SECTIONS and Subsections of this Agreement are for
convenience and identification purposes only and shall not be used in ascertaining the intent
or meaning of any provision.
SECTION 16. TRUSTEE'S ACCEPTANCE
Trustee accepts all trusts hereby created and agrees to perform the same in
accordance with the terms of this Agreement."
Said Agreement, as previously amended, is hereby ratified and confirmed in
all other respects.
IN WITNESS WHEREOF, MARTHA S. TUCKER, as Trustor and Trustee, and
ROBERT L. TUCKER, as Trustee, have hereunto set their hands and seals on the date
hereinbefore set forth, all done in duplicate.
WITNESS:
~~~
~1 ~o- ..~ ~~iw n~~¢. (SEAL)
MARTHA S. TUCK~ER /~
~•++~~~L (SEAL)
ROBERT L. TUCKER
14
STATE OF DELAWARE )
SS
COUNTY OF NEW CASTLE )
The foregoing instrument was acknowledged before me this ~ ~ ~ day
of ,cf'ftGvL~a ~- , 2005, by MARTHA S. TUCK.EiR and ROBERT L. TUCKER.
p~~~GG~eo~~
Notarial Officer Signature
PATRICUI L. F3EA,UC4i63N~
NOTARY f'L1~L1C
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Title Q~yg»sltpl@~9~IB~~ ay ~-
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The Gabelli Utilities Fund Cl I, GAUIX Historical Quote - (MFD) GAUIX, The Gabelli Utilities Fund C... Page 1 of 2
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Prudential
PfeCO "'e1n5U"""~ °onipany Check Statement
A Pretlential company
Prvdential Annuity SeMCes. P.O. Box 13686
Philatlelphia, PA 18176
3]308813]1
MARTHA S TUCKER TRUST
4745 AUGUSTA DR
MECHANICSBURG PA 17050
Oate:
Owner:
Annuitant:
Contract #:
Product:
Market Type:
JANUARY 10 2012
MARTHA 5 TUCKER TRUST
MARTHA S TUCKER
Eo551757
Prudential Premier L Ser
Non Qualified
Page 1 of 1
Thank you for your patience while we completed your request for death benefits from the contract
listed above. The table below provides a breakdown of how we determined the net check amount.
Taxable amounts are reported to you and the Internal Revenue Service. The federal taxable amount
of your payment is $ 16121.69. The state taxable amount is $ 16121.69. We have presented this
information based on our understanding of tax law. You may wish to consult your tax adviser if you
have any tax questions. Because each situation is unique, neither the Company nor its
representatives can provide tax advice.
GRO55 FUND WITHDRAWL AMT 66721.69
NET AMOUNT OF CHECK 66121.69
IVPAS d089209)
PLEASE DETACH CHECK -KEEP STATEMENT FOR RECORDS
PA REV-1500
SCHEDULE H
FUNERAL EXPENSES and
ADMINISTRATIVE COSTS
Memorial Service Expenses
Martha 5. Tucker
Cremation
Messiah Village Chapel Rental
Honorarium for Pastor
Honorarium for Flutist
Honorarium for Pianist
Flowers
Reception Hall Rental
Food
Serving supplies
Drinks
Thank you dinner for helpers
$ 1,867.00
$ 1,000.00
$ 150.00
$ 100.00
$ 100.00
$ 97.52
$ 300.00
$ 138.40
$ 65.38
$ 48.73
$ 172.34
Total Charged to MST Family Trust $ 3,939.97
PA REV-1500
SCHEDULE I
DEBTS OF DECEDENT,
MORTGAGE LIABILITIES
and LIENS
Account Information
Statement Date: 1210'L7 i
Property Address: 4745 AUGUSTA DR
MECHANICSBURG PA 17050-9174
ACCOUNTNLMiBER:t120T07488-0 -'
T of Mo a FIXED RATE LDAN
I Balance
Interest Rate
Escow Balance $1,883.43
Interest Y~r to Dale $11,841192
Taxes Paid Y~r to Date $3,059.82
PAYMENTS CURRENT
RECEIVED PAYMENT DUE
Date 12101/11 01N7112
Principal $37848 $379.94
Interest $978.85 $971.39
Escrow $384.37 $373.90
ToW Amount 57.741.70 51,871.29
Your monMty esaaw payment has been adusted b $313.90 effective 01101112.
Due to y~r-end processing, payments received between 10 p.m, and Midnight ET
on December 31, 2011, em posted in January 2012, but credited for December 31,
2011.
A tax arW interest statement for 2011 income tar purposes will be included with
your next monthty statement or mailed sepestely by January 31, Zi712. To protect
your identity, your fufl sorael seaxity number wip not be printed on the document
but wit be used in IRS sporting.
7120707488-0
ROBERT L TLICI~R
Please designeb howyou wam us m eppty arty eddidarml funds.
Undeslgneted Nnds first pay orrhbnding Isle dwrges end fees, then
pdrrdpel. Once pent, eddalenel funds cannot be relumed.
Please check bar to IMkate rruilirg adtlress/phone number changes
end error on reverse side.
Indude acwum number on rJxck and make paysde to:
hIIllthrtrdPhlrllrPhlltlllllrl-rrlntrhr4tirdrhlrhh
CITIMORTGAGE, INC.
PO BOX 183040
COLUMBUS OH 43218-3040
-z1 E
Page loft ~1® ~_
CitiMortgage C't' ~
~_
GucfameraandcelffiF?98.78'R'
~•f1 m~rer~rdtiemi~ue grrdM1Y eaWoe ~ a
i
00021807 BB 10Z 3389190081DAM7 396
rllhllurPr4PrhIIIrIrlPrlllhlrllrlrlifPUmrflrlrllllu __
ROBERT L TUCKER
s MARTHA S TUCKER
~ 4745 AUGUSTA DR ~
MECHANICSBURG PA 77D50-9174
8
As a client of Morgan Stanley Smith Bemey, you are digbb for our prefe
Program. To take advantage of the marry benefds of this pmgsm, in~luc
end stream8ned processing, please confect your Financial Advisor or call
(888867A~424i.
i•
~~
iE
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i
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i
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Due Date: Total Amount Due:
01!01!12 $1,677.23
See detail below:
Additonal Pdnclpal:
Additonal Escrow: W
Npayment received after: OtN8112
Add bte charge of: 567.88
Additional MoMhty Payment:
Total Amount Enclosed
Please do not send Dash. Pease a8ow 7 m 10 days for postal delHery.
This is not a 601. Pl~se disregard Me coupon uNess you rke making add8ond pdrtcipd, escrow, repayitg trot andler ireurance pdd on non-escrow ewourrq or fee paymems.
AUTOMATIC PAYMENT WITHDRAWAL PLAN -PLEASE DO NOT MAILA PAYMENT
The amount of $1,671.23 will be automaiicelty deducted on 01/01172 or the next business day.
Vsit us at www.citimortg~ge.com!