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HomeMy WebLinkAbout95-0121~; i ~5-~ (~ I~-I This is to certify that the certificate hereunto attached is a true and accurate copy of the original death record on file with the Division of Vital Records, and that Frank Yeropoli, whose name is subscribed thereto, was at the time of subscribing the same and now is Director, Division of Vital Records of the Department of Health, for the Commonwealth of Pennsylvania, duly appointed and commissioned as directed by Act 66 of the General. Assembly, approved 29 June 1953, P.L. 304. AUG 16....2001' ? • Date Fran eropoli, ' ect Division of Vital Records P.O. Box 1528 New Castle, PA 16103 N/05./•$ R•v. ?R7 rrrEwRwr w PERMANEg7 BLACK IIIK u ~I ~' z D U W COMIAONWEALTH OF PENNSYLIMNIA • DEPARTMENT OF HEALTH • VITAL RECORDS CERTIFICATE OF DEATH $DE[F4ENLM~ER v v L z V J NAME GF DECEDENT IFi•t AfEtll•. Lay 8E% SOCIAL SECIAa T fT NUMBER DRE OF DERV JWM. 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IACV•••Iwl• MIR M: OIII« •+v+er+aawr.^arrergra..N.er ••b~l•w.w.A ;olr.tw•a..m now.rYgwwlw6lry•yo.t•.Elw•I•RARTL L ,/ ~ ~ OUE TOIOR ASACONSEGUENCE OFk ~s•' b e ~ _ dAT tO1DR ASACONSECIIENCE DFI: 1 ••Iwa Ea«ME6ILYBNI CAINEIDirr«itNry ~ ~~•I•• •`•"r UIIEIp (OR AS ACpLSEWENCE GFx ~~0 ~ U!•I14l/LBT a 1 MMBANAUTOPSV WEfE AUNPBT FIIDYIDS MANNER OF DERN ttYE CF BUURY TIME DF wJlBi1' wAA7YRMt0Rlca DESCRIBE NQMw.K/RT OCCURRED. RERFOaMEm AwurevnDRro ~wr1 COA LRLETIDNaFCALISE ~/ . OF DEATNT Nrunl CJ Non.cb. ^ AenM.A ^ Rwlurp lA•'w•R•II•n ^ Tw ^ No ^ NM ^ No n. ^ No ^ $.ACIa• ^ CaAa notesa•t.tnWwe ^ M' RLADEDFw.KIRr-Alnonw Inn ••.tLlaCb,y asa LO I . . , CR ONIS••aO.M4•~.SYq 3•L M tAF.ISR• N) 7••. $K. C6RIFIE111Cnntll ad, a W •AC61~TI/TIND RInwfaAN lPn,acwn eenM+newe.da..n ~ww.,nwn.d.v.~+neo.aona.nw w.mwcana.Nalas. xp wyb.•.I•.a•.auwae~,r.wow`m.e«+N e sIGNATLxtE AND TRLE OF CERfIFlER (~ 4«l m.nn..r.tw.~ .................................................... ~ $tw •RRONDLRtCB1DAND t~RTiYWB M1YfIC1AN ~ 7b tlw 0•aanry•tw•A••p•.•wwa•evM at tA•iL.., ml.,+•w Otw»<~ bra,t•derml ^ cW W.) «tl n•m«r p•Ye .......................... ~' N3E ~ DRESKiNED _ ( Q~' S ~ $t ~ L~ '~ •«•*+~'•• E1LA11~IER/CORONER OR UI• n••M a •••nMn lf NAME ANDADORES$CF PF~.R GN W+NTp-COMPLETEEpfylDyE ,,''nn PI.nz7tryR.«Pnnt Ju U~f ~"J + ~/ . on arrow InvstiB•Ibn, M nlT•plnion, seam xcunw N tlN tlm•, tNAa, antl ••a, •nd tlu• ro pl• eau•Ny «W 71 i • n/n / ~ 4h/ . .~ a. ...................... REGIS '$ SKiNRI/RE AND NUMBER ~ / O ~I ' _ _ _ 1 E ~. •~'-~i--~1 /1 t~1 /L l J Q Q a.. V r7 N 1J I~ /Q 1 ~S ~ / / / a ., . REV-1500 ER+ (7-94) W 0 W W O COrA'lDxNLALTB O8 PlxxaYLVANIA DEPARTI~NT OP SLrVExVE DEPT. 290601 RAaAISEIIIC, PA 17128-0601 NUE (F7 ET A INHERITANCE TAX RETURN RESIDENT DECEDENT (TO BE FILED IN DUPLICATE WITH REGISTER OF WILLS) I 175-03-39 ^ 2. Supplemental Return FOR DATES OF DEATH AFTER 12/31/81 CHECK HERE IF A SPOUSAL POVERTY CREDIT IS CLAIMFn {-l UMBER 21-95-0121 TY CODE YEAR NUMBER 325 WESLEY DRIVE MECHANICSBURG, PA 17055 ^ 4a. Fulurs Interest Compromise (for dates of death after 12-12-82) ® 7. Decedent Maintained a Uving Trust Ply BANK, 4242 CARLISLE PK CAMP HILL, PA 17011 a~ a v N 1. Real Estate (Schedule A) (1) 2. stocks and Bonds (Schedule B) (2 _ 475 .382.55 3. Gosely Held 3tock/Partnenhip Interest (Schedule C (3) 4. Mortgages and Notes Receivable (Schedule D) (4) _.°'~~ b. Cash, Bank Deposits d( Miscellaneous Person) Property (5) 37 , 651 .68 (schedule E) - 6. Jotntty Otlimed Property (Schedule F) (g) 7. Transfers (schedule O) (Schedule L) (7) 8. Total Oross Assets (total Unes 1-7) 9. Funeral AH~~strative Costs, Miscellaneous E ~' (9 ~° ~ 12.97 xpenses (schsdul e ~ 10. Debts, Mortgage UaWdties, Uens (Schedule I) (1 62 , 21 11. Total Deductions (total Unes 9 S 10) 12. Net Value o/ Estate (Une 8 minus Une 11) 13. Giaritabls and Oovernmsntal Bequests (Schedule J) 14. Net Value Subject to Tax (Une 12 minus Une 13) ^ 3. Remainder Return (for dates of dead) prior to 12-13-82 ® b. Federal Estate Tax Return Required _ 8. Total Number of Safe Deposit Boxy. (8) 513.034.23 (111 53 775 18 (12) 459,:259.05 (13) (1a) 459, 259.05 16. Spousal Transfers (for dates of death after 6-94) See Instructions rpr Applicable Percentage on Reverse (15) Side. (Include values Mom Schedule K or Schedule M.) x _ _ 459, 259.05 16. Amount of Une 14 taxable at 6Y. rate (16) 27,555.54 (Include vsluss Mom schedule K or Schedule M.) x ~ 17. Amount of Une 14 taxable at 16•/. rate (17) (Include values Mom Schedule K or Schedule M.) x .15 = 18. Principal tax due (Add tax Mom Unes 15, 16 and 17.) 19. Credits Spousal Poverty Credit PHor Payments Discount Interest (181 27 555 54 + 24,700.00 + 1,300.00 (191 26,000.00 20. If Une 19 is greater than Une 18, enter the difference on Une 20. This is the OVERPAYMENT (201 m^ 21. If Une 18 Is greater that Une 19, enter the difference on Une 21. This is the TAX DUE. (21) 1 555 Fu A. Enter the Interest on the balance due on Line 21A , . B. Enter the total of Uns 21 and 21A on Une 218. This is the BALANCE DUE. (21 A) (2181 1 555 it _ntf Mi11~_ e....,+ , s Under penalties of parlury, I declare that I have examined this return, Including accompanying schedules and statements, and to the best of my knowledge and ballet, It Is true, correct and complete. 1 declare that all real estate has been reported at true market value. Declaration of preparer other than the personal representative is based on all Information of which preparer has ar)y knowledge. SIGNATURE OF RESPONSIBLE FOR FILING RETURN ADDRESS 242 CARLISLE PIKE DATE AMP H I t PA 17n1 7 ~- ~r0. ~g9~-- SIGNATURE OF~'REPARER OTHER THAN REPRESENTATIVE ADDRESS ~_ DATE T Act x/48 of 1994 provides. for the reduction of the tax rates imposed on the net value of transfers to or for the use of the spouse. The rates as prescribed by the statute will be: • 3% (.03) will be applicable for estates of decedents dying on or after 7/1/94 and before 1/1/96 • 2% (.02) will be applicable for estates of decedents dying on or after 1/1/96 and before 1/1/97 • 1~ (.01) will be applicable for estates of decedents dying on of after 1/1/97 and before 1/1/98 . Spousal transfersoccurring on or after 1/1/98 will be exempt from inheritance tax. PLEASE. ANSWER THE FOLLOWING QUESTIONS BY PLACING ACHECK-.MARK (~/) IN THE APPROPRIATE BLOCKS. 1. Did decedent sake a transfer and: a. retain the use or inco~e of the property transferred . ......................................... ....... b. retain the right to designate tiho shall use the property transferred or its incose . ..................... c. retain a reversionary interest or ....................................................................... d. receive the pro>tise for life of either payslents, benefits or care? ...................................... 2. If death occurred on or before Dece~ber 12, 1982, did decedent within two years preceding death transfer property withoat receiving adequate consideration? If death occurred after Deceeber 12, 1982, did decedent .transfer property within one year of death without receiving. adequate consideration? .............. 3. Did decedent own an "in trust for" bank account at his or her death? ........................................ IF THE. ANSWER TO ANY OF THE ABOVE. QUESTIONS IS YES, YOU MUST COMPLETE SCHEDULE G AND FILE IT AS PART OF THE RETURN. ._~ - .. „ ,. _ ~ - - ,-, ~~ .~ ,, : {~ ~ ~ ~~ ~~ ~ ~ AEV.15Gr3 Ex+ (4-86) COMMOIiNyALTB 08 PENN3YLV!lNIA INA6tITANCE TAE AETVAN aESlaExr ascrnElaT ESTATE OF ASCHINGER, JACK F. 1102209 (All property Jointly-owned with Right o/ Survivorship must be disclosed on Schedule F.) ITEM NUMBER DESCRIPTION 1 25,000 PAR BONDS UNION CNTY PA HIGHER EDL FACS FING AUTH UN I V 7°,Z; DUE 04/01 /96 102.8775 INTEREST FROM 10/01/94 TO 1/23/95 2 25,000 PAR USA TREASURY NOTES 7.25 DUE 8/31/96 ® 99.7188 INTEREST FROM 8/31/94 TO 1/23/95 FUNDS 3 6,129 UTS PNC LONG TERM MUNICIPAL FUND-PA ~ 7.5750 INCOME FROM 1/01/95 TO 1/23/95 4 3,004 UTS PNC INTERMEDIATE MUNICIPAL FUND-PA ~ 94.3650 INCOME FROM 1/01/95 TO 1/23/95 5 21,477 UTS PNC INTERMEDIATE GOVERNMENT FUND ~ 4.2760 INCOME FROM 1/01/95 TO 1/23/95 TOTAL (Also enter on Ilne 2 Recapitulation) I (If more space is needed insert addHlonal ShPPts Ot Same SITP J SCHEDULE B STOCKS AND BONDS PAGE 1 FILE NUMBER 21-95-0121 VALUE AT DATE OF DEATH 25,719.38 544.44 24,929.69 726.00 46,427.17 187.45 283,472.46 1,144.02 91,835.65 396.29 $475,382.55 " RS°' a.sde rrx. rZ-B„ SCHEDULE E CASH, BANK DEPOSITS AND CoHIDDNNCALTB Oa PSMNZlYLVAli2A MISCELLANEOUS :~ ~ T~ ~ PERSONAL PROPERTY __ Plaso Print or Typ GE 1 ESTATE OF ASCHINGER, {All property jointly-owned JACK F. 1102209. with Rlyht of Survivorship must be disclosed on Schedule F) FILE NUMBER 21-95-0121 ITEM NUMBER DESCRIPTION VALUE AT DATE OF DEATH 1 MIS AN OUS UNUM LONG TERM DISABILITY PROCEEDS OF POLICY x/0029703 17,431.20 2 UNUM LIFE INSURANCE CO DISABILITY PAYMENT SURVIVOR BENEFIT 1,065.24 3 INTERNAL REVENUE SERVICE REFUND 1994 INDIVIDUAL INCOME TAX 2,599.00 4 PENNA DEPARTMENT OF REVENUE REFUND 1994 INDIVIDUAL INCOME TAX CASH 163.00 5 T/U/A JACK F. ASCHINGER INCOME CASH ON HAND 1.61 6 T/U/A JACK F. ASCHINGER PRINCIPAL CASH ON HAND 16,331.37 INCOME FROM 1/01/95 TO 1/23/95 60.26 TOTAL (Also enter on Iine 5, Recapitulation) (Attach additional 8 1/2" x I t" sheets if more space Is needed. ) ~. AEV. 1510 ER+ (Z-67) SCHEDULE G cormoNxalfLTB O8 PElQ7'YLVANIA I TRANSFERS IN1~A1T71NCS TAZ ACTIJRN asslaENT aECSaENT Plaese print or Typ GE 1 ESTATE OF FILE NUMBER ASCHINGER, JACK F. 1102209 21-95-0121 THIS SCHEDULE MUST BE COMPLETED AND FILED IF THE ANSWER TO ANY OF THE QUESTIONS ON THE REVERSE SIDE OF THE COVER SHEET IS YES. ITEM NUMBER DESCRIPTION OF PROPERTY I„~)„s, „~,* w ~,,~~. w,r ry~~ ce , a~ er b,~n,. EXCLUSION TOTAL VALUE OF ASSET ~ D. INT. ~ DECEDENT'S INTEREST DECEDENT EXECUTED A REVOCABLE DEED OF TRUST ON 3/10/82 NAMING THE FIRST BANK & TRUST OF MECHANICSBURG (NOW PNC BANK, N.A. ) TRUSTEE. PER PAR. THIRD THE ASSE BECAME PART OF THE RESIDUE OF DECEDENT'S ESTATE, AND AS SUCH A REPORTED ON THE APPROPRIATE SCHEDULES HEREIN. TOTAL(Also enter on line 7, Recapitulation) I 5.00 (If more space is needed, Insert additional sheets of same size.) REV. 1511 Ex+ (7-H8) COMMONNEALTB OF PENNSYLVANIA IN8EIITANCE TAZ RETIIRN SCHEDULE H FUNERAL EXPENSES ADMINISTRATIVE COSTS AND MISCELLANEOUS EXPENSES ITEM NUMBER DESCRIPTION A. Funeral Expenses: 1 2/14/95 HARRIET ASCHINGER REIMBURSEMENT FOR BURIAL PLOT 2 2/14/95 DAVID HEATH REIMBURSEMENT FOR FUNERAL MUSICIAN 3 2/15/95 MYERS FUNERAL HOME FUNERAL EXPENSES B. Administrative Costs: 1. Personal Representative Commissions Social Security Nunber of Personal Representative;ITEMIZATION Year Commissions paid /~ 2. Attorney Fees C SEE ATTACHED ITEMIZATION 3. Family Exception Claimant Relationship Address of Claimant at decedent's death Street Address City State Zip Code 4. Probate Fees C. Miscellaneous Expenses: SEE ATTACHED ITEMIZATION TOTAL (Also enter on line 9, Recapitulation) (If more space is needed, Insert additional sher+ts of same size l PAGE 1 Please Print or Type AMOUNT 425.00 100.00 5,509.40 23,000.00 23,000.00 1,678.57 $53,712..97 ESTATE OF ASCHINGER, JACK F. SCHEDULE "H" PERSONAL REPRESENTATIVE COMMISIONS 1102209 FILE NUMBER 21-95-0121 1 1/23/95 PNC BANK, N.A. EXECUTOR'S COMMISSION TOTAL PERSONAL REPRESENTATIVE COMMISSIONS PAGE 2 23,000.00 23,000.00 SCHEDULE "H" ATTORNEY FEES ESTATE OF ASCHINGER, JACK F. 1102209 FILE NUMBER 21-95-0121 1 1/23/95 SNELBAKER & BRENNEMAN PAGE 3 23,000.00 TOTAL ATTORNEY FEES 23,000.00 ESTATE OF ASCHINGER, JACK F. SCHEDULE "H" MISCELLANEOUS EXPENSES 1102209 FILE NUMBER 21-95-0121 1 1/23/95 ESTIMATED ADDITIONAL FEES RE. FILING ACCOUNT, ADDITIONAL PROBATE FEES 2 1/31/95 PNC BANK, NATIONAL ASSOCIATION TRUSTEES COMPENSATION TO 1/31/95 3 2/13/95 R C KRAMER REIMBURSEMENT FOR LETTERS TESTAMENTARY & SHORT CERTIFICATES 4 2/16/95 EVP SYSTEMS FEE FOR DATE OF DEATH PRICING 5 4/26/95 BROWN SCHULTZ SNYDER & PLESIC PREPARATION OF INDIVIDUAL FEDERAL STATE AND LOCAL 1994 TAX RETURNS TOTAL MISCELLANEOUS EXPENSES PAGE 4 1,000.00 105.07 250.00 13.50 310.00 1,678.57. AEV.1912 E~c+ (7-B9) ColR10NNEALTR OY PENNSYLVANIA INHERITANCE TAi RETIIRN RESIDENT. DECEDENT SCHEDULE I DEBTS OF DECEDENT, MORTGAGE LIABILITIES .AND LIENS ESTATE OF ASCHINGER, JACK F. 11 Pl~aso Print or Typ GE 1 GTI C' \IIIY4C~ ITEM NUMBER DESCRIPTION AMOUNT 1 6/30/95 BELL ATLANTIC UTILITY SERVICE 23.30 2 8/14/95 AT&T UTILITY SERVICE 38.91 TOTAL (Also enter on line t0, Recapitulation) (It more space is needed insert additional sheets of same size.) RSV.1513, F.R+ t2-87) COCRIONNaALTB OP PaIiNSYLVANIA INHTRITANCa T7fZ AaTVRN Ras I aatrr aacaaarrr ESTATE OF ASCHINGER, JACK F. ITEM NUMBER 1 2 1102209 NAME AND ADDRESS OF BENEFICIARY A. Taxable Bequests: T/W JACK F. ASCHINGER FOR JACQUELINE S. HEATH PNC BANK, N.A. TRUSTEE 50.00% OF RESIDUE T/W JACK F. ASCHINGER FOR PATRICIA A. ASCHINGER-LEE PNC BANK, N.A. TRUSTEE PAGE 1 FILE NUMBER 21-95-0121 AMOUNT OR RELATIONSHIP SHARE OF ESTATE DAUGHTER 229,629.53 DAUGHTER 50.OO;K OF RES i DUE ITEM NUMBER SCHEDULE J BENEFICIARIES 229,629.52 S459,259.05 NAME AND ADDRESS OF BENEFICIARY B. Charitable and Goverrrnental Bequests I AMOUNT OR SHARE OF ESTATE TOTAL CHARITABL E AND GOVERNMENTAL BEQUESTS (Also enter on line 13 Recapitulation) $ 00 (tf more space is needed, insert additional she?ts of same size) i~ ~ V a :S uw orrie[a II I, SNEL~AK[II s BR[NNEMAN I, JACK F. ASCHINGER, of the Township of Lower Allen, County of Cumberland and Commonwealth of Pennsylvania, being of sound and disposing mind, memory and understanding, do make, publish and declare this as and for my Last Will and Testament, hereby revoking and making void all former wills and codicils by me at any time heretofore made. F18~• I order and direct that all my just debts and funeral expenses ba paid by my Executor, hereinafter named, as soon as conveniently may be done after mY decease. $$QQr@. I order and direct that all the rest, residue and remainder of my Estate, real, personal and aixed, whatsoever and wheresoever situated shall be divided into two (2) equal parts and delivered unto PNC BANK, N.A., as my Testaaantary Trustee, IN SEPARATE TRUSTS, NEVERTHELESS, to hold, manage, invest and reinvest for the following uses and purposes: A. I order and direct that one such trust shall be known for my daughter, namely, PATRICIA ANN ASCSINGER, as the "PATRICIA ANN ASCHINGER TRUST" and one such trust shall be known for my daughter, namely, JACQUELINE SU8 HEATH, as the "JACQUELINE SUE HEATH TRUST", said trusts to be administered independently in accordance with .the following provisions. B. I order and direct that the net income from each Trust shall be paid over to my respective daughter whose name appears thereon for and during the term of her natural lifetime. In addition, each such. daughter shall have the right to invade the corpus of said trust uw ome[s sNELM1KER e BRENNEMAN from time to time and withdraw therefrom such amounts as she may desire, but not to exceed the aggregate of Twenty-five Thousand ($25,000.00) Dollars per year (computed from the date of my death) by written notice and request to the Trustee. C. Upon the respective deaths of my daughters, I order and direct that the net income from the trust bearing such deceased daughter's name shall be paid in equal shares to such deceased daughter's children (my grandchildren) until the youngest of said children attain the age of eighteen (18) years. At such time as all of said daughter's children attain the age of eighteen (18) years, then and at that time I order and direct that the Trust shall be terminated and the then remaining net balance thereof shall be distributed in equal shares unto her then living children, share and share alike. D. In addition to the powers provided by law, the Trustee, without any order of court and in its sole discretion, may: 1. Retain any property received hereunder and invest and reinvest in any property including, by way of illustration and not of limitation, common stocks up to one hundred per cant hereof, any common or diversified trust funds maintained by or stock of PNC BANK, N.A., or any of its affiliates, and any form of life insurance, annuity, or endcwment policies; in so doing the Trustee may act without restriction to such investments as are commonly referred to as .legal investments and without responsibility for -~ - i uw orners '~, SNELBAK[R s BRENNEMAN I diversification. 2. Maintain reasonable amounts of cash uninvested. 3. Purchase investments at premiums and charge premiums to income or principal or partly to each. 4. Subscribe for stocks, bonds or other investments, exercise any stock option or similar right; join in any plan of lease, mortgage, merger, consolidation, reorganization, foreclosure or voting trust and deposit securities thereunder; and generally exercise all the rights of security holders of any corporation. 5. Register securities in the name of a nominee or in such manner that title shall pass by delivery. 6. Vota, in person or by proxy, securities held by it and.in such connection delegate its discretionary powers. 7. Sell at public or private sale, for cash or credit, with or without security, and exchange, or partition property and give options for sales or exchanges. 8. Repair, alter, improve or lease, for any period of time, any property and give options or leases. 9. Borrow money from any natural person or other legal entity and mortgage or pledge any property. 10. Compromise claims. 11. Add to the principal of any trust created -3- uw omets SNELSAKER a BREN NEMAN hereunder any property received from any person by Deed, Will or in any other manner. 12. Pay premiums of any life insurance, annuity, or endowment policies which may have been retained or purchased herein and exercise any right, option or privilege existing thereunder. 13. Allocate expenses and losses as deductions for federal incoae or estate tax purposes, or partly for each, as it shall deem advisable, without adjustment between incoae and principal in consequence of the exercise of such discretion. 14. Treat as income all income accrued and unpaid on assets at the time such assets become a part of this Trust. 15. Make distribution in cash or in kind or partly in each. 16. Exercise all power, authority or discretion given by this Trust, after termination of any trust created herein until the sane is fully distributed. E. All principal and incoae shall until actual distribution to the beneficiaries, ba free of the debts, contracts, alienations and anticipations of any banaficiary, and the same shall not be liable to any levy, attachment, execution or sequestration while in the possession of the Trustee. ~+.Y. I nominate, constitute and appoint PNC BANK, N.A., :o be the Executor of this, my Last Will and Testament. IN WITNESS WHEREOF, I, JACK F. ASCHINGER, have hereunto set iy hand and seal to this, my Last Will and Testament which -4 - 1 4 !,. LAW Omen II SN[LSAK[R s BR[NNEMAN I i consists of five (5) typewritten pages to each of which I have affixed my signature this 24th day of January A.D., One Thousand Nine Hundred Ninety-four (1994). Jack F. Aschinger The preceding instrument, consisting of this and four (4) other typewritten page, each identified by the signature of the Testator, was on the date thereof signed, sealed, published and declared by JACK F. A8CHINGER, the Testator therein named, as and for his Last Will and Testament, in the presence of us, who, at 'his request, in his presence and in the prssanca of each other, have subscribed our names as witna a hereto. Q~t~ -5- (COMMONWEALTH OF PENNSYLVANIA ) SS. COUNTY OF CUMBERLAND ) We, JACK F. ASCHINGER, RICHARD C. SNELBAKER and JANET R. STEGNER, the Testator and the witnesses, respectively, whose names are signed to the attached or foregoing instrument, being first duly sworn, do hereby declare to the undersigned authority that the Testator signed and executed the instrument as his Last Will and Testament and that he had signed willingly, and that he executed it as his free and voluntary act for the purposes therein expressed, and that each of the witnesses, in the presence and hearing of the Testator, signed the Will as a witness and that to the best of his or her knowledge the Testator was at that time eighteen years of age or older, of sound mind and under no constraint or undue influence. r for Q~~ w mass ~~ .o-,,..-T- ~,~... ~ W tnsss Subscribed, sworn to and acknowledged before me by JACK F. ASCHINGER, the Testator, and subscribed and sworn to before me by RICHARD C. SNELBAKER and JANET R. STEGNER, witnesses, this 24th day of January, 1994. Notary Publ c uw on~css SN[L~ KER I ~~ ~~~ BRENNEMAN II w~~D `~Y~W~F~~iA,~~~ i~ INDENTURE OF INTER VIVOS INVESTMENT TRUST AND NOW, this ~= day of 'I ~ ~~ , ~i 1 ~ 1982, we, JACK F. uw omes~ II BNELBAKER. McGLES Q FLICKER ASCHINGER and ALMA ASCHINGER, of the Borough of Mechanicsburg, County of Cwnberland and Commonwealth of Pennsylvania, as SETTLORS, by this Indenture with THE FIRST BANK AND TRUST COMPANY OF MECHANICSBURG, PENNSYLVANIA, as TRUSTEE, have caused assets to be transferred to _ Trustee and we direct that said assets, together with such additional property and assets as may be transferred or bequeathed hereto by me or any other person, be invested, managed and held by Trustee upon the following trusts: FIRST: IDENTIFICATION OF ASSETS The assets and property initially transferred by Settlors to Trustee are set forth on a certain List or inventory attached hereto marked Schedule "A", which assets and property the Trustee hereby acknowledges receiving. SECOND: DISPOSITIVE PROVISIONS FOR OUR BENEFIT During our lifetimes and during the lifetime of the survivor of us: A. l~hy part or all of the net income shall be paid to us in quarterly or other convenient installments as we, or either of us in the event of the death of one of us, may request in writing from time to time. Any income not so distributed shall be reinvested. B. Any part or all of the principal shall be paid to us as we, or either of us in the event of the death of one of us, may request in writing from time to time; and in the event of our disabilities for any reason, as much of the income and principal as the Trustee may dee proper for the welfare, comfort and support of us or either of us, shall be paid to or applied directly for our benefit. THIRD: DISPOSITIVE PROVISIONS AT QUR DEATHS Upon the death of the survivor of us, we order and direct that the then remaining net balance of this trust shall be distributed and uw orneu SNELBAKER. MCCALEB O FLICKER disposed of in accordance with the Last Will and Testament of the last of us to die. FUURTH: POWERS OF TRUSTEE In addition to the powers provided by Law, the Trustee, without any order of court and in its sole discretion, may: A. Retain any property received hereunder and invest and reinvest in any property including, by way of illustration and not of limitation common stocks up to one hundred per cent hereof, any common or diversi- fied trust funds maintained by or stock of THE FIRST BANK AND TRUST COMPANY OF MECHANICSBURG, PENNSYLVANIA, and any form of life insurance, annuity, or endowment policies; in so doing the Trustee may act without restriction to such investments as are commonly referred to as legal investments and without responsibility for diversification. B. Maintain reasonable amounts of cash uninvested. C. Purchase investments at premiums and charge premiums to income or principal or partly to each. D. Subscribe for stocks, bonds or other investments; exercise any stock option or similar right; join in any plan of lease, mortgage, merger, consolidation, reorganization, foreclosure or voting trust and deposit securities thereunder; and generally exercise all the rights of security holders of any corporation. E. Register securities in the name of a nominee or in such manner that tit Le shall pass by delivery. F. Vote, in person or by proxy, securities held by it and in such connection delegate its discretionary powers. G. Sell at public or private sale, for cash or credit, with or without security, and exchange, or partition property and give options for sales or exchanges. H. Repair, alter, improve or Lease, for any period of time, any property and give options for leases. I. Borrow money from any natural person or other legal entity and mortgage or pledge any property. -2- s uw omeu II SNELMKER. MCGALED a ELICKlR l+ J. Compromise claims. ~ K. Add to the principal of any trust created hereunder any prop- erty received from any person by Deed, Wi11 or in any other manner. L. Pay premiums of any life insurance, annuity, or endowment policies which may have been retained or purchased herein and exercise any right, option or privilege existing thereunder. M. Allocate expenses and losses as deductions for federal income or estate tax purposes, or partly for each, as it shall deem advisable, without adjustment between income and principal in consequence of the exercise of such discretion. N. Treat as income all income accrued and unpaid on assets at the time such assets become a part of this Trust. 0. Make distribution in cash or in kind or partly in each. P. Exercise all power, authority or discretion given by this Trust, after termination of any trust created herein until the same is fully distributed. FIFTH: PROTECTIVE PROVISION A11 principal and income shall until actual distribution to the beneficiaries, be free of the debts, contracts, alienations and anticipations of any beneficiary, and the same shall not be liable to any levy, attachment, execution or sequestration while in the possession of the Trustee. SIXTH: COMPENSATION OF TRUSTEE Trustee shall be entitled to compensation for its services here- under in accordance with its Standard Schedule of Charges currently in effect at the time that its services-are required, and from time to time during the period over which such services are performed. SEVENTH: WAIVER OF BOND Neither the Trustee nor any duly appointed successor shall be required to file a bond or to furnish surety at any time. EIGHTH: RIGHT TO REVOKE AND AMEND We, during our joint lifetimes, or the survivor of us in the event -3- r of the death of either of us, reserve ti:e rights to amend or revoke thi Trust in whole or in part at any time and from time to time but only by written instrument delivered to Trustee in our respective Lifetimes; except, tiZat the duties, powers and liabilities of Trustee shall not ce c~~anged without its written consent. Trustee shall de Liver to us ur our nominee, absolutely and free of trust, any property or other assets in kind as we ma-y direct in writing from time to time. NiiJTH: APPLICABLE LAW Except as otherwise provided herein with respect to the appli- cability of the Federal Internal Revenue Code, questions pertaining to t':~e validity, construction and administration of any trust hereunder siali be deterr..ined in accordance with the Laws of the Commonwealth of Pennsylvania as they, then, exist. TENTH: INTERPRETATIVE PROVISIONS During our joint lifetimes, we, the Settlors, agree that all actions required to be taken herein by the Settlors shall be executed and performed jointly unless one of us becomes so disabled, in the judgment of the Trustee, as to not be able to so execute and perform, in which latter event, the Trustee may rely upon the action of the one of us not so disabled. Upon the death of either of us, the survivor of us shall be deemed to have the sole and all necessary authority to do and perform all actions required herein to be performed by the Settlors IN WITNESS WHEREOF, we Nave hereunto set our hands and seals the day and year first above written. Signed, Sealed and Delivered in the. presence bf: ~ (SEAL) -•~':, ~," '- ''- ,.~-.. Jack F. Aschinger .i ~ - ., ~. _ (SEAL) . _ - L'.; ~• - - . ~• ~ ~~lma Aschinger ,~~ .Trustee hereby accep-ts said Trust: THE FIRST D TRllST COMPANY OF MECHA~I~ICS817RG ~ NLNSYLVANIA ~ rir _7 , uw orne~~ A'fTES'P: By `'' ~ ~ i .~ '~".[ lli i l~% BNELBAKER. i /~ MCCALEB Q ELICKBR j ~--''~- `~/ ~~ ~=~ i ~ ~ sr ., jxcer II J -r....~..-L .-•• ~~•~ Secretary j / ' Ii SCHEDULE '°A" LIST OR INVENTORY OF ASSETS AND ~ PROPERTY TRANSFERRED BY SETTLORS _ TO TRUSTEE SETTLORS: Jack F. Aschinger and Alma Aschinger TRUSTEE: The First Bank and Trust Company of Mechanicsburg, Pennsyl uw oniess II BNELBAKER. McGLE9 Q ELICKlR