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Home My WebLink About04-0964 COMMONWEALTH OF PENNSYLVANIA DEP~RTMENTOFREVENUE RECEIVED FROM: PENNSYLVANIA INHERITANCE AND ESTATE TAX OFFICIAL RECEIPT REV 1162 EX(11 NO. CD 004545 ROGERS ELYSE E 415 FALLOWFIELD ROAD SUITE 102 CAMP HILL, PA 17011-4906 ESTATE INFORMATION: SSN: 525-46 1728 FILE NUMBER: 2104-0964 DECEDENT NAME: SEAVEY VIRGINIA M DATE OF PAYMENT: 10/25/2004 POSTMARK DATE: 10/25/2004 COUNTY: CUMBERLAND DATE OF DEATH: 01/24/2004 ACN ASSESSMENT CONTROL NUMBER AMOUNT 101 I 819,676.02 REMARKS: PJ PASUCCI TOTAL AMOUNT PAID: $19,676.02 SEAL CHECK// 1003 INITIALS: VZ RECEIVED BY: GLENDA FARNER STRASBAUGH REGISTER OF WILLS REGISTER OF WILLS IREV 1500 EX COMMONWEALTH OF PEN 8 LV^N,^ REV-1500 ' DEPARTMENT OF REVENUE hU M~. DEPT 280601 INHERITANCE TAX RETURN HARRISBURG, PA 17128-0601 RESIDENT DECEDENT , ' DECEDENT~'ME (LAST, FIRST, AND MIDDLE INiTiAL) YEAR NUMBER DJ 01/24/2004 04/03/1913 ' THIS RETU~;LN MUST BE FILED IN DUP UCATE WITH THE ~] 1 Original Return ~ 2 Supplemental Return REGISTER OF WILLS iSOCIAL SBCURrTY NUMBER [~} 3 Remainder Return (date of death prior Io 12~13-82i E~ 4 LimCLed Estate ~ 4a Futurelnterest Compromise(date ofdeathafterl2.1282} E~ 5 FederaJEstataTaxReturn Required [[6 DecedentDiedTestate(Attachcopyofwill) ~ 7 Decedent MaintainedaLJvingTrust(A[tachcopyotTrust) -- 8 TotalNumberofSafeDepositBoxes 9 Litigation Proceeds Received E~ 10 Spousal Poverty Credit (date o¢ dealh be[ween 123191 ard I 1-95} ~ 11 . Elecbon ta tax under Sec 91 ~ 3 A)¢^Hac S~. 3, THIS SECTION MUST BE COMPLETED. ALL CORRESPONDENCE AND CONFIDENTIAL TAX INFORMATION SHOULD BE D.~ECTED TO: Z NAME Elyse E. Ro~ers, Esquire FiRM NAME(lfAppffcable) Keefer Wood Allen & Rahal, LLP (~) 2 Stocks and Bonds (Schedule B) (2) 3 Cl°selyHeldCorporabon, PednershiporSole_Propdetorship (3) 4. Mortgages & Nates Receivable (Schedule D) (4) 5 Cash, Bank Deposits & Miscellaneous Personal Prape~ty (Schedule E) (5) 6 Jointly Owned Properly (Schedule F) ~ Separate Billing Requested (6) 7 Inter-Vivos Transfers & Miscellaneous Non_Probate Property (Schedule G or L) 8 Total Gross Assets (total Lines 1-7) 9 Funeral Expenses & Administrative Costs (Schedule H) (9) 10 Debts of Decedent, Modgage L abiities, & Liens (Schedule I} (10) 1 1. Total Deductions (total Lines 9 & 1 O) 12 Net Value of Estate (Line 8 minus Line 1~) COMPLE~MAILINGADDRESS 415 Fallowfield Road, Suite 301 Camp ~ill, PA 17011 O T~LEPNONE NUMBER 717-612-5801 I Rear Estate (Schedule A) Charitable and Governmental Beq uests/Sec 9113 Trdsts for which an election to tax has not been made (Schedule J) 0.00 188,180.41 0.00 0.00 249,203.61 0.00 9,970.72 Net Value Subject to Tax (Line 12 minus Line 13) SEE INSTRUCTIONS ON REVERSE SIDE FOR APPLICABLE RATES Amount of Line 14 taxable at the spousal tax rate, or transfers under Sec 9116 (a)(1 2) 7,383.00 2,726.76 (~3) (~4) Amount Of Line 14 taxable at lineal rate Amount of Line 14 taxabJe at sibling rate Amount o¢ Line 14 taxable at collateral rate 447,354.74 10,109.76 437,244.98 0.00 437,244.98 0.00 x O0 (15) 437,244.98 x 045~ 0.00 x 12 (17) 0.00 · · BE SURE TO ANSWER ALL QUESTIONS ON REVERSE SIl~E AND RECHECK MATH < < 0.00 19,676.02 0.00 0.00 19,676.02 2W46451 000 Decedent's Complete Address: I425 N. Duke Stree Tax Payments and Credits: ~ ~ 17602 (1) 19,676.02 1. Tax Due (Page 1 Line 19) 2. Credits/Payments A. Spousal Povedy Credit 0.0 0 B. Prior Payments 0 o 00 C. Discount 0.00 3. Interest/Penalty if applicable D, Interest 0.00 E. Penalty 0.00 Total Interest/Penalty (D + E) 4. If Line 2 is greater than Line 1 + Line 3, enter the difference. This is the OVERPAYMENT. Check box on Page 1 Line 20 to request a refund Total Credits (A + B + C) (2) 0.00 5. If Line 1 + Line 3 is greater than Line 2, enter the difference. This is the TAX DUE. A, Enter the interest on the tax due, (3) 0. 00 (4) (5) 19,676.02 (5A) __ 0.00 B. Enter the total of Line 5 + 5A. This is the BALANCE DUE. (5B) 19,676.02 Make? ~he¢k PaYable to: REGISTER OF WILLS, AGENT ~ PLEASE ANSWER THE FOLLOWING QUESTIONS BY PLACING AN "X" IN THE APPROPRIATE BLOCKS 1 Did decedent make a transfer and; Yes No a retain the use or income of the property transferred; ....................... [~ ~ b retain the right to designate who shall use the property transferred or its income; ......... ~ ~ c retain a reversionary interest; or ............................ [~ ~ d receive the promise for life of either payments benefits or care? .... ~ [~ 2 If death occurred after December 12, 1982, did decedent transfer property within one year of death without receiving adequate consideration? 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? . UE ............................ E~ [~ IF THE ANSWER TO ANY OF THE ABOVE Q STONS S YES' YOU MUST COMPLETE SCHEDULE G AND FiLE IT AS PART OF THE RETURN. Declaration of preparer other than the persona~ representative is based or] all in formatfon of which preparer has any knowledge ~[GNATURE OF P~SON RESPONSIB FOR FIL~ RETURN ADDRESS 9685 E DATE Scottsdale, AZ 85260 DATE FordatesofdeathonorafterJulyl 1994 and beforeJenuay 1995 thetaxrateirnposedonthenetvalueoftransferstoorfortheuseofthesurvivingspouseJs3% [72PS §9916 (a)(1 1) (i)] ' ' For dates of death on or after Janua y 1, 1995, the tax rate imposed on the net value of transfers to or for the use of the surviving spouse is 0% [72 P S § g 116 The statute does not exempt a transfer to e SlJP/ivlng spouse from tax, and the statutory requirements for disclosure of assets and ~lin§ a tax return are still applicable even if the surviving spouse is the only beneficiary For dates of death On or after July 1, 2000: The tax rate imposed o~ the net value of transfers from _ or a steppare~lt of the ahfrd is 0% [72 P S § 9116(a)( 1 2 )] a deceased child twenty one years Of age or younger at death to or for the use of a natural parent, an adoptive parent, The tax rate imposed on the net value of transfers to or for the use ofthe decedent,s fineaJ beneficranes is 4 5%, except as noted in 72 P S §9116(1 The tax rate imposed on the net value of transfers to or for the use of the decedent's siblings is 12% (72 P S § 9119fa)(1 3)I A sibling is defined under Section 9 02 as an individuar who has at least one parent in common with the decedent, whether by blood or adoption , 2W4646 ! 0o0 REV-1503 EX + !197) COMMONWEALTH OF PENNSYLVANIA INHERITANCE TAX RETURN RESIDENT DECEDENT ESTATE OF SCHEDULE B STOCKS & BONDS Seavey, Virginia M. FILE NUMBER All property jointly-owned with right of survivorship must be disclosed on Schedule NUMBER r DESCRIP~]ON 11969.992 shares of Alliance Bernstein 2 1855.7917 shares of PSEG at $44.535/share 3112406.287 shares of Federated VALUE ATDATE OF DEATH 7,274.94 82,647.68 98,257.79 _ I TOTAL (Aisc enter on ine 2, Recapitulation) 188,180.41 2W4696 3 0O0 (If more space ~s needed, inse~t addJtJonaJ sheets of the same size) ALLIANCEBERNSTEIN AHERICA GOV IN A P.O. BOX 786003 _ _ . SAN ANTONIO TX 7~27~-6( I,,,lll,,,lll,,,,,,lh,,ll,,,ll,,lh,,ll,,Jl,l,,,hl,I,M,i VIRGINIA M SEAVEY TTEE SEAVEY FAMILY TRUST A DTD 1/17/90 575 ST JOHN'S ROAD CAMP HILL PA 17011-1333 STATEMENI2/3 1, -03 Investment Research andManagemen REP. 044-18 R LUKE ROMRBAU hIACHOVTA SE£URI'T'rES :1 LEMOYNE DR LEMOYNE PA 17043-1231 SEAVEY-FAM J FUNO NO. I ACCOUNT NO. ~CI"IK I~T~ 6ooo G BEGINNING BALANCE ~ P~ICE ~NMSEA~CT~%I~I SHARTEOsT~vNED 1/17 1/17 INCOHE DIV CASH 30.60 969.992 2/20 2/20 INCOME DIV CASH 47.43 o o 3/20 3/20 INCOME DIV CASH 47.32 969.992 4/]7 4/17 INCOME DIV CASH 47.43 969.992 5/20 5/20 INCOME DIV CASH 47.40 969.992 6/20 6/20 INCOME DIV CASH 47.47 969.992 7/18 7/18 INCOME DIV CASH 47.37 969.992 8/20 8/20 INCOME DIV CASH 47.43 969.992 9/19 9/19 INCOME DIV CASH 47.41 969.992 10/2D 10/20 INCOME DIV CASH 47.52 969.992 11/20 1]/20 INCOME DIV CASH 42.74 969.992 12/19 12/19 INCOME DIV CASH 42.72 969.992 12/31 12/31 INCOME DIV CASH 14.22 969.992 ~ r- ~ ~ , o 969.992 TRANSACTION THE FUND'S DIVIDEND DISTRIBUTION RATE IS 7 03% BASED UPON A DIVI SHARE FOR THE PERIOD DECEMBER '~'~ ,-, ...... ~ ....... DEND OF $ 0]467 PER T VALUE ~ID IDENT NO y~ ~0 ¥' - . __ TOTAL DIV AND OTHER DIST~' "H~ ' PEG.CS¥ storlcal stock prices provided by csI, Inc. H~storical mutual fund and ~ndustry prices provided by Media General Financial Services." "Public Service Enterprise Group Inc. (PEG)" Oa~ly prices (1/26/2004 to 1/26/2004) DATE,OPEN,HIGH,LOW,CLOSE,VOLUME 1/26/2004~44.700,44.90g,44 170,44.650,783600 Page 1 Federated Investors, Inc. September 30, 2004 Federated Kee~kr Wood Allen & Rahal, Llp Attorneys At Law 415 Fallowfield Rd Ste 301 Camp Hill PA 17011-4906 ReIkrence: 00104976 Federated Fd For U.S. Govt Secs Account Number: 9938219 Penelope J Pascucci Ttee Seavey Fanaily Trust U/A Dtd 01/17/1990 Dear Mr. Swindler: Thank you for contacting Federated. On January 24, 2004, the value of the referenced account was $98~257.79, based on 12,406.287 shares at the net asset value of $7.92 per share on that date. To transfkr or redeem shares, the acting successor trustee(s) must use the enclosed Change of Ownership or Redemption by Mail Form. Each outlines all the infbnnation Federated needs to process the transaction. Please note that a medallion guarantee is required; see the fomqs for details. Return the form that meets your needs with: ~. A certified death certificate - T12e certification, usually an ink stan~p or raised seal must be original. Ac°py °fthe death certificate bearing an o~inal Medallion_g~aranteeis acceptable. 2. A certified copy of the part of the Trust Agreement that names the Trustee(s) and Successor Trustee(s). The certification must bear an original stanap (a Medallion Guarantee is acceptable) or seal by a commercial bank or member firm of a domestic stock exchange. The certification must state: the instrument is in full fbrce and effact and has not been revoked, aud; the copy provided is a tree and accurate cop5, of the original, includin~ all amendments, if any. ~ The certification must be dated within 6~0 days of the transaction request. The enclosed tbrm may be used to obtain certification. Be sure to attach it to the appropriate section of the Trust Agreement. REV-1508 EX * (1-97) i SCHEBULE E COMMONWEALTH OF PENNSYLVANIA CASH, BANK DEPOSITS, & MISC. INHERITANCE TAX RETURN RSSIDENT DECEDENT PERSONAL PROPERTY ESTATE OF FILE NUMBER Seavey, Virginia M. -- Include the ~roceeds of litigation and the date the proceeds were received by the estate All property jointly-owned with the right of survivorship must be disclosed on Schedule F. ITEM VALUE AT DATE NUMBER DESCRIP IqON OF DEATH 6,403.89 2 3 4 5 Waypoint Bank account #2300010118 Waypolnt Bank account #2305000262 Waypoint Bank #2305000270 Escrowed funds from sale of real estate prior to decedent's date of death held by qualified intermediary pending like-kind-exchange Beverly Healthcare Refunds 67,236.36 104,632.76 65,931.50 4,999.10 TOTAL(Also enter on line 5, Recapitulation) $ 249, 203 , 61 2W46AD 2 000 (If r'lore space is needed, insed additional sheets of the same size} 10/1/2004 KEEFER WOOD ALLEN & RAHAL 415 FALLOWFIELD RD STE 301 CAMP HILL PA 17011 The information which you requested on the account(s) of VIRGINIA M SEAVEY (Social Security Number 525-46-1728) is/are as follows: Account Number 2300010118 2305000262 2305000270 Class of Account CHECKING CHECKING CHECKING Date Opened 121098 121098 121098 Principal Balance 6403.57 67234.09 104579.60 Accrued Interest .32 2.27 53.16 Balance at Date of 6403.89 67236.36 104632.76 Death Account Ownership FAMILY TRUS FAMILY TRUS FAMILY TRUS Name of Joint Owner. if any Date Ownership Was Established Account Number Class of Account Date Opened Principal Balance Accrued Interest Balance at Date of Death Account Ownership Name of Joint Owner, if any Date Ownership Was Established 121098 121098 121098 Additional information Requested Smcerelv, ',, q , SENIOR SERVICES REP. RO. Box 171 I, HARRISBURG. P~NNSYLVANIA 17105-1711 Toll FP~ I-i~66-WAYPOINT (I-866-9P9-7646) ' IN YORK AR~A 717/815-4500 ' wvvvv.wagpointbank.com COMMONWEALTH OF PENNSYLVANIA INHERITANCE TA~ RETURN RESIDENT DECEDENT SCHEDULE G INTER-VIVOS TRANSFERS & MISC. NON-PROBATE PROPERTY ESTATE OF _ Seavey, Virginia FILE NUMBER This schedule must be completed and flied if the answer to any of questions 1 through 4 on the reverse side of the REV-1500 COVER SHEET is yes. DESCRIPTION OF PROPER~¢ %OF ITEM INCLUQE THE NAME OF ~4E TRANSFEREE THEIR RELATIONSHIP TO DATE OF DEATH DECD'S EXCLUSION DECEDENT AND THE DATE OF TRANSFER ATTACH A COPY OF THE TAXABLE VALUE NUMBE DEED FOR REAL ESTATE VALUE OF ASSET INTEREST CF APPdCABLEI 1 Jackson ~atlonal Life Annuity 9,970.72 100.00 0.00 9,970.72 Policy Nuz~ber 0058939520 TOTAL (Also enter on line 7, Recapitulation) ! $ I 9,970.72 (If more space is needed, insert additional sheets of same size) 2W~.6AF 2 000 COMMONWEALTH OF PENNSYLVANIA INHERITANCE TAX RETURN RFSIDENT DECEDENT SCHEDULE H FUNERAL EXPENSES & ADMINISTRATIVE COSTS ESTATE OF Seavey, Virginia FILE NUMBER Debts of decedent must be reported on Schedule I. ITEM NUMBER A B 5 6 7 DESCRIPTION FUNERAL EXPENSES: Meyers-~{arner Funeral Funeral flowers ADMINISTRATIVE COSTS: Personal Representative's Commissions Name of Personal Representative(s) Social Security Number(s) / EIN Number of Personal Representative(s) Street Address City State Zip Year(s) Commission Paid: Attorney Fees t',Tame: Family Exemption: (If decedent's address is not the same as claimant's, attach explanation) Claimant Street Address City State Zip Relationship of Claimant to Decedent Probate Fees Accountant's Fees Tax Return Preparer's Fees AMOUNT 4,024.00 159 . 00 0.00 3,200.00 0.00 0.00 0.00 0 .00 7,383.00 TOTAL (Aisc enter on line 9, Recapitulation) 2W46AG 2 000 (If more space is needed, insed additional sheets of same size) REV 1512 EX + (1-97) COMMONWEALT~ OF PENNSYLVANIA INHERfTANCE TAX RETURN RESIDENT DECEDENT SCHEDULEI DEBTS OF DECEDENT, MORTGAGE LIABILITIES,& LIENS ESTATE OF FILE NUMBER Seavey, Virginia M. -- Include unreimbursed medical expenses. ITEM NUMBER DESCRIPTION AMOUNT 2,726.76 Keefer Wood Allen & Rahal, LLP, fees for preparation of final income tax returns and lifetime legal services TOTAL (Also enter on line 1 0. Recapitulation) $ 2,7 26 . 7 6 2W46AH 2 000 (If more space is needed, insed additional sheets of the same size) SCHEDULE J BENEFICIARIES COMMONWEALTHOF PENNSYLVANIA JNHERJTANCETAXRETURN RESIDEN~ DECEDENT ESTATE OF NUMBER FILE NUMBER · VJrqlnia M. __ RELATIONSHIP TO DECEDENT AMOUNT OR SHARE NAME AND ADDRESS OF PERSON(S) RECEIVING PROPERTY Do Not List Trustee{s) OF ESTATE TAXABLEDISTRIBUTIONS[includeoutrightspousaldistributions, andtransfen underSec. 9116(a)(12)} Pascuccl, Penelope J. 9685 E. Sutton Drive Scottsdale, AZ 85260 Daughter 437,244.98 ENTER DOLLAR AMOUNTS FOR DISTRIBUTIONS SHOWN ABOVE ON LINES 15 TH ROUGH 18 AS APPROPRIATE ON REV-1500 COVER SHEET II. NON-TAXABLE DISTRIBUTIONS: A SPOUSAL DISTRIBUTIONS UNDER SECTION 91~3 FOR WHICH AN ELECTION TO TAX IS NOT BEING MADE B CHARITABLE AND GOVERNMENTAL DISTRIBUTIONS TOTAL OF PART II ~ ENTER TOTAL NON-TAXABLE DISTRIBUTIONS ON LINE 13 OF REV-1500 COVER SHEET $ 0. I; 0 2W4§AI 1000 (If more space is needed, insed additional sheets of the same size) OF ~URGINIA M. SEAVEY I, VIRGINL4 M. SEAVEY, of Hampden Township, Cumberland County, Pennsylvania, do make, publish and declare this to be my Last Will and Testament, hereby revoking all Wills and Codicils by me at any time made. ITEM I: I direct that all inheritance and estate taxes becoming due by reason of my death, whether payable by my estate or by any recipient of any property, shall be paid by the Executor out of the residue of my estate, as an expense and cost of administration of my estate. The Executor shall have no duty or obligation to obtain reimbursement for any such tax so paid, even though on proceeds of insurance or other property not passing under this Will. ITEM II: I direct the Executor to pay the expenses of my last illness and funeral expenses from the residue of my estate as an expense and cost of administration of my estate. ITEM III: I may leave a written list in my safe deposit box or elsewhere disposing of certain items of my tangible personal property. The Executor shall dispose of items of my personal property as specified in the written list. If no written list is found in my safe deposit box or elsewhere and properly identified by the Executor within thirty (30) days after the probate of my Will, it shall be presumed that there is no list; any subsequently discovered list shall be ignored. Page i ITEM IX;: I give to my daughter, PENELOPE J. PASCUCCI, all of my household furniture and furnishings, books, pictures, jewelry, silverware, automobiles, wearing apparel and all other articles of household or personal use or adornment not disposed of in the written list mentioned in ITEM III, and all policies of insurance thereon. If my daughter does not survive me, I make this gift to her children living at the time of my death, to be divided among them as they shall agree. Should there be no agreement, the Executor shall divide this property among them in as nearly equal portions as the Executor, in the discretion of the Executor, deems appropriate, having due regard to the personal preferences of my grandchildren. ITEM V: I give the residue of my estate, not disposed of in the preceding portions of this Will, to the then acting Trustees of SEAVEY TRUST A, as Trustees, IN TRUST, to be administered and distributed in accordance with the terms of an Amended and Restated Declaration of Trust executed by me as Trustee and by me as Grantor on the day of 2003. I confirm and ratify this Declaration of Trust in every respect. ITEM ~q[: The Executor shall possess the following powers, exercisable without court approval and in a fiduciaW capacity only: (a) To retain any investments I have at my death, including specifically those consisting of stock of any bank even if I have named that bank as the Executor. Po) To vary investments and to invest in bonds, stocks, notes, real estate mortgages or other securities or in other property, real or personal, without being restricted to so-called "legal investments", and Page 2 without being limited by any statute or rule of law regarding investments by fiduciaries. (c) In order to divide the principal of my estate or make distributions, the Executor is authorized to distribute persona/ property and real property partly or wholly in kind, and to allocate specific assets among beneficiaries so long as the total market value of each share is not affected by the division, distribution or allocation in kind. The Executor is authorized to make, join in and consummate partitions of lands, voluntarily or involuntarily, including giving of mutual deeds, or other obligations, with as wide powers as an individual owner in fee simple. (d) To sell either at public or private sale any or all real or persona] property severally or in conjunction with other persons, and to consummate sale(s) by deed(s) or other instrument(s) to the purchaser(s), conveying a fee simple title. No purchaser shall be obligated to see to the application of the purchase money or to make inquiry into the validity of any sale. The Executor is authorized to make, execute, acknowledge and deliver deeds, assignments, options or other writings as necessary or convenient to carry out tlc powers conferred upon the Executor. (e) To mortgage real estate, and to make leases of real estate. (~) To borrow money from any person, including the Executor, to pay indebtedness of mine or of my estate, expenses of Page administration or inheritance, legacy, estate and other taxes, and to assign and pledge assets of my estate. (g) To pay all costs, taxes, expenses and charges in connection with the administration of my estate. (h) To make distributions of income and of principal to the proper beneficiaries, during the administration of my estate, with or without court order, in such manner and in such amounts as my Executor deems prudent and appropriate. (i) To vote shares of stock which form a part of my estate, and to exercise all the powers incident to the ownership of stock. To unite with other owners of property similar to property in my estate to carry out any plans for the reorganization of any company whose securities form a part of my estate. (k) To disclaim any interest in property which would devolve to me or my estate by whatever means, ineluding but not limited to the following means: as beneficiary under a will, as an appointee under the exercise of a power of appointment, as a person entitled to take by intestacy, as a donee of an inter vivos transfer, and as a donee under a third-party beneficiary contract. (1) To prepare, execute and file tax returns of any type required by applicab]e law, and to make all tax elections authorized by law. Page 4 0/_. ,j/~.~ -- (m) To allocate administrative expenses to income er to principal, as the Executor deems appropriate. However, no allocation to income shall be made if the effect of the allocation is to cause a reduction in the amount of any estate tax marital deduction or estate tax charitable deduction· (n) To employ custodians of property, investment or business advisors, accountants and attorneys as the Executor deems appropriate, and to compensate these persons from assets of my estate, without affecting the compensation to which the Executor is entitled. (o) To do all other acts in the Executor's judgment deemed necessary or desirable for the proper and advantageous management, investment and distribution of the estate. ITEM VI_I: I hereby nominate, constitute and appoint MARK \7. PASCUCCI and PENELOPE J. PASCUCCI to be the Executors. In the event of their death, inability or refusal to serve as Executor, GAYLE LEVEE shall serve as Executor. The Executor is specifically relieved from the obligation of filing bond or entering security. IN WITNESS WHEREOF, I have set my hand and seal to this, mv Last Will and Testament, consisting o£this and the preceding four (4) pages, at the end of each page of which I have also set my initials for greater security and better identification this /0 day of ~ ~ , 2003. · SEAVEY (SEAL) We, the undersigned, hereby certi~- that the foregoing Will was signed, sealed, published and declared by the above-named Testatrix as and for her Last Will and Testament, in the presence of us, who, at her request and in his presence and in the presence of each other, have hereunto set our hands and seals the day and year first above written, and we certify- that at the time of the execution thereof, the said Testatrix was of sound and disposing mind and memory. (SEAL) Residing at ACKNOWLEDGMENT COMMONRVEALTH OF PENNSYLVANIA COUNTY OF SS: I, VIRGINL4 M. SEAVEY, Testatrix, whose name is signed to the attached or foregoing instrument, having been duly qualified according to law, do hereby acknowledge that I signed and executed the instrument as my Last Will and Testament; that I signed it willingly; and that I signed it as my free and voluntary act for the purposes therein expressed. VIRGINIA M. SEAVEY (SEAL) Sworn to and subscribed before met/fl??/~_,~ dayof ~ 2003. jIN tary Publid My Commission Expires: (SEAL) _/'"~Etyse E Nciads~ Seal · Rogers, Notary Public ~ . _Carr~ Ha Bom, Cumberland County LMy Cbmmission Expires Apr. 5, 2005 AFFIDAVIT COMMON-V~' EALTH OF PENNS'/L'vANIA COUNTY OF SS: the Witnesses whose names are signed to the attached or foregoing instrument, being duly qualified according to law, do depose and say that we were present and saw Testatrix, VIRGINIA M. SEAVEY, sign and execute [he instrument as her Last Will and Testament; that Testatrix signed willingly and that she executed said Will as her free and voluntary act for the purposes therein expressed; that each of us in the hearing and sight of the Testatrix signed the Will as Wirnesses; and tha~ to the best of our knowledge the Testatrix was ar that time eighteen (18) or more years of age, of sound mind and under no constraint or undue influence. Witness Witness Sworn to and subscribed before me this day of ,2003. Notary Public My Commission Expires: (SEAL) :214554_ AMENDED ANrD RF STATED DECLARATION OF TRUST . ., .A~I~ED AND~ESTATED DECLARATION OF TRUST, made and -~ =* ~Jx~u[ur ana as Trustee--. WITNESSETH: WHEREAS, Grantor is the owner of certain assets more fully described in Schedule "A", attached hereto and made a part hereof; and WHERE.~S, Grantor and her husband, REGINALD p. SEAVEY declared the Seavey Family Trust by Agreement dated January 17, 1990 ~Sth respect to certain assets more fully described in that Agreement; and WHEREAS, REGINALD p. SEAVEY died on January 12, 1993, at which time, pursuant to the pro~Ssions of Article Six of the Seavey Family Trust Agreement, the assets subject to the that Agreement were di~Sded into two parts, known as Trust "A' and Trust "B"; and WHEREAS, Trust "B" is a uni~ied credit trust (utiliz/ug in part the unified credit that was available to the Re~inald p. Seavey Estate), and Trust "A' was to consist of Grantor's sen arat ..... · ~ ~ ~zuper[y, as well as any property includible in the Estate of Reginald p. Seavey that was not sheltered by the unified credit available to his estate; and ~7-[EREAS, in Article Seven of the Seavey Family Trust Agreement, Grantor retained complete control over the assets in Trust "A"; and Page 1 WHEREAS, Grantor des/res to amend and restate the Seavey Family Trust Agreement insofar as it pertains to "Trust A'. NOW, THEREFORE, Grantor declares as follows: ARTICLE I: Grantor declares herself to be Trustee as to the assets Listed on Schedule "A", attached hereto and made a part hereof, wkich assets are hereinafter referred to as the "Trust", and Grantor declaresthat she will hold and administer the Trust, and any additions thereto, as Trustee, IN TRUST NEVERTHELESS, for the uses and purposes set forth in this Declaration. ARTICLE II: The name of this Trust is "SEAVEY TRUST ARTICLE III: During the lifetime of the Grantor: (a) Trustee shall have, hold, manage, invest and reinvest the same, collect the income and pay over the net income in convenient, at least quarterly installments to Grantor during Grantor's lifetime. (b) During the lifetime of Grantor, Trustee shall pay to Grantor such portion or all of the principal of the Trust as Grantor may [rom time to time request in %a-iting. (c) Trustee may also expen~d so much of the principal of the Trust as the Trustee deems necessary and/or advisable to supplement all income of Grantor in order to provide support and maintenance, including medical, hospital, nursing and nursing home care for Grantor. (d) Upon the death of Grantor, Trustee shall pay over to the Executor of Grantor's estate so much of the principal as shall be required to pay all pre-residuary gifts provided iu Grantor's Will and Page 2 inheritance and estate taxes, funeral and admin/stration costs which may be incurred with respect to Grantor's estate. Thereafter, Trustee shall continue to administer the assets oft]Ms Trust as set forth in the subsequent portions of this Agreement. .ARTICLE l-V: After the death of Grantor,/f Grantor's daughter, PEN-ELOPE J. PASCUCCI (the '[Beneficiary"), survives Grantor: (a) The Trustee shall pay to the Beneficiary in convenient, at least quarterly, installments all of the net income. (b) The Trustee shall also pay so much of the principal of the Trust as the Trustee, in the discretion of the Trustee, considers necessary for the proper support, maintenance and medical ca_re of the Beneficiary. (c) Upon the death of the Beneficiary, the Trustee shall convey and pay over all the remaining assets of her Trust to one or all, or less than all, of her issue, charitable organizations, or the creditors of the estate of the Beneficiary, as the Beneficiary directs, either by instrument filed with the Trustee during the Beneficiary's lifetime or by the Beneficiary's Wil]. This power of appointment is exercisable only by specific reference to this power. (d) If the power of appointment is not exercised by the Beneficiary, during the Beneficiary's tAfetizne, or in the Beneficiary's Will, then upon the death of the Beneficiary, the Trust shad] be administered and distributed for the benefit of the issue of the Beneficiary, in accordance with the provisions of ARTICLE V. (e) Beneficiary may withdraw as much of the principal fi:om thi~ Trust as Beneficiary desires. Page 3 .ARTICLE ~: If Grantor's daughter, PENELOPE J. PASCUCCI, does not survive Grantor, or does mot exercise the power of appointment granted to her in -ARTICLE IV, then upon the death of Grantor, the Trustee shall di~dde the principal into as many equal parts as there are then children of Grantor's daughter and then deceased chfldi'en of Grantor's daughter represented by then ii,dh% issue. The Trustee shall hold one share as a separate Trust for each living child, and shall hold one share as a separate Trust for the benefit of the issue of each deceased child, per stripes. In each Trust thus established for the benefit of the issue of PENELOPE J. PAS CUCCI (also the Benefimary of his or her Trust): (a) The Trustee shall pay to the Beneficiary in convenient, at least annual, installments so much of the income as, in the discretion of the Trustee, may be necessary to maintain ~he Beneficiary in the proper station in life, including proper support, maintenanc;, medical care and co]Jeg-e or hi%her education. Income not distributed shall be accumulated and added to principal. (b) The Trustee shall also pay so much of the principal of the Trust as the Trustee, in the discretion of the Trustee, considers necessary for the proper support, maintenance, medical care and college or ki~her education of the Beneficiary. (c) Upon the attainment of the ale of thirty-five (35) years by the Beneficiary, the Trust shall terminate and the Trustee shall pay to the Beneficiary all the assets of his or her Trust. (d) Upon the death of the Beneficiary prior to termination of the Trust for his or her benefit, the Trustee shall pay the remainin§ principal and any accumulations of income to the then living issue of the Beneficiary, per stirpes. If the Beneficiary has no then issue, the principal shall be paid to the then living issue of the parent of the Beneficiary who is PENELOPE J. P-4SCUCCi or her issue. Page 4 (e) If the Beneficiary dies prior to termmation of the Trust for his or her benefit and has no issue surviving him or her, the principal of the Trust shall be paid to the other then living issue, per stirpes, of PENELOPE J. PASCUCCI. However, ffthere in then in existence under this Declaration any Trust for the benefit of that issue, the share that would have been paid to that issue shall be added to the principal of his or her Trust, to be administered and distributed as provided in this Declaration. ARTICLE VI: Grantor, or any other person, from time to time, with the consent of Trustee, may give, devise, beq~eath, grant or otherwise transfer and convey any other property, real, personal or mixed, to Trustee, to be admiaistered and distributed in accordance with the provisions of this Agreement. ARTICLE VII: No part of the income or principal of the property held under these Trusts shall be subject to attachment, levy or seiz~re by any creditor, spouse, assignee or trustee or receiver in bankruptcy of any beneficiary prior to his or her actual receipt thereof. Trustee shall pay over the net income and the principal to the parties herein designated, as their interests may appear, w~thout regard to any attempted anticipation, pled~ing or assignment by any beneficiary under a Trust, and without regard to any claim thereto or attempted levy, attachment, seizure or other process against the beneficiary. -_iRTICLE VW[: Trustee shall possess, among others, the following powers, each of which may be exercised without cohrt approval and in a fiduciary capacity only: (a) To vary or to retain investments, including the stock of any corporate Trustee named herein, when deemed desirable by Trustee, and to invest in such bonds, stocks, notes, real estate mortgages or securities or in such other property, real or personal as Trustee shall deem wise, ~'ithout being restricted to so-called "legal Page 5 investments" and ~Sthout being limited to any statute or rule of law regarding investments by fiduciaries. (b) In order to effect a division of the principal of a Trust or for any other purpose, including any ~inal distribution of a Trust, Trustee is authorized to make said divisions or distributions of the personalty and realty, partly or wholly in kind, and to allocate specific assets among beneficiaries and Trusts created hereunder so long as the total market value of any share is not affected by such allocations. Should it appear desirable to partition any real estate, Trustee is authorized to make, join in and consummate partitions of lands, voluntarily or involuntarily, including giving of mutual deeds, recogniza~nce, or other obhgations with as wide powers as can be exercised by an individual owner in fee simple. (c) To sell either at pubhc or private sale and upon such terms and conditions as Trustee may deem advantageous to a Trust, any or all real or personal estate or interests therein owned by a Trust severally or in conjunction with other persons, and to consummate said sale or sales by sufficient deeds or other instruments to the purchaser or purchasers, conveying a fee simple rifle, free and clear of all trust and without obhgation or liability of the purchaser or purchasers to see to the apphcation of the purchase money, or to make inquiry into the validity of said sale or sales; also, to make, execute, acknowledge and dehver any and all deeds, assignments, options o~ other writings which may be necessary or desirable in carrying out any of~he powers conferred upon Trustee in this para~aph or elsewhere in this instrument. (d) To mortgage real estate, and to make leases of real estate, extending beyond the term of the Trusts hereunder. Page 6 (e) To borrow money from any party, including Trustee, to pay indebtedness of a Trust and taxes, and to assign and pledge assets of a Trust therefor. (i) To pay all costs, taxes, expenses and charges in connection with the aclministration of a Trust, including a reasonable compensation to agents. (g) In the discretion of Trustee, to unite with other owners of similar property in carrying out any plans for the reorganization of any corporation or company whose securities form a part of a Trust. (h) To vote any shares of stock which form a part of a Trust, and to exercise all powers incident to the ownership of stock. (i) To assign to and hold in trust an undiv/ded portion of any asset. (J) To prepare, execute and file tax returns of any type required by applicable law, and to make all tax elections authorized by law. (k) To employ custodians of property, investment or business advisors, accountants and attorneys as the Trustees deem appropriate, and to compensate these persons from assets of any Ti:ust under this Agreement, without affecting the compensation to which the Trustees are entitled. (1) To divide any Trust into two or more separate Trusts so that inclusion ratio for purposes of the generation-skipping transfer tax shall be either zero or one, in order that an election under Section 2652(a)(3) of the Internal Revenue Code may be made with respect to one of the separate Trusts, or for any other reason. Page 7 (m) To allocate administrative expenses to income or to principal, as the Trustee deem appropriate. However, no allocation to income shall be made if the effect of the allocation is to cause a reduction in the amount of any estate tax marital deduction or estate tax charitable deduction. (n) To do all other acts in its judgment deemed necessary or desirable for the proper and advantageous management, investment and distribution of the Trusts. ARTICLE IX: The Trustee is authorized to distribute principal and/or income in any one or more of the following ways ffthe Trustee, in the sole discretion of the Trustee, considers the beneficiary unable to apply distributions to the beneficiary's own best interests, or if the beneficiary is under a legal disability: (a) Directly to the beneficiaxy; (b) To the legal guardian or conservator of the beneficiary; (c) To the Trustee, or to another person selected by the Trustee, as custodian under the Pennsylvania Uniform Transfers to Minors Act as to a beneficiary under the age of twenty-one (21) years; (d) To a relative of the beneficiary, to be exp~nded by that relative for the benefit of the beneficiary; or (e) By directly applying distributions for the benefit of the beneficiary. ARTICLE X: In the absence of actual 'knowledge of a breach of trust, or information concerning a possible breach of trust that would cause a reasonable person to inquire, a successor Trustee is under no duty to Page 8 examine the accounts and records of any predecessor Trustee, or to inquire Luto the acts or omissions of such predecessor, is not hable for any failure to seek redxess for any act or omission of such predecessor, shall have responsibility only for property which is actually dehvered to such successor by such predecessor and shall have ail of the powers conferred upon a Trustee hereunder. ARTICLE X~: The Trustee, on an annual basis, shall provide each income beneficiary who has attained the age of eighteen (18) years, and the Guardian of the person of any income beneficiary who has not attained the age of eighteen (18) years, statements sho~-Lug transactions each Trust established for the benefit of that beneficiary. The beneficiary, or the Guardian of the person of that beneficiary, may waive this right to receive an annual accounting. The Trustee may, at any time, settle any account, or questions concerning the administration of any Trust estabhshed hereunder, by agreement with the then current income beneficiaries of the Trust, if legally competent, or ff not legally competent, in the Trustee's sole discretion, then with the Guardian o£the person of such beneficiary, the legally competent spouse of such beneficiary, or the oldest legally competent relative of such beneficiary who would take a por~on of the estate of the beneficiary were the beneficiary to die at that time intestate under the laws of the Commonwealth of Pennsylvania. Any agreement made hereunder shall bind all persons who may ever have an interest in such Trust, and shall constitute a release and discharge of the Trustee with respect to transactions disclosed in said Agreement. Nothing herein shall be construed to preclude the Trustee fi:om seekJ_ng a judicial settlement of any account. ARTICLE XII: Grantor may, by instrument in writing dehvered to Trustee, modify, alter or revoke this Declaration in whole or in part. ARTICLE X~I: Any person who shall have died at the same time as Grantor, or under such circumstances that the order of deaths cannot be estabhshed by proof, or within thirty (30) days of Grantor's death, shall be deemed to have predeceased Grantor. Any person (other than Grantor) who shall have died at the same time as any then recipient of income or under such circumstances that Page 9 the order of deaths cannot be estabhshed by proof, shall be deemed to have predeceased that beneficiary. ARTICLE XIV: respect to ID'ustees: Grantor makes the £oHOwing provisions (a) Upon the death of Grantor, or in the event of her inability or re£usa] to serve as Trustee, or upon her resignation as Trustee, her successor Trustee shall be designated by her by an instrument in writing delivered to the successor Trustee duCdn¢ her lifetime, or in her Last Will and Testament. If no successor Trustee is validly appointed, Grantor's daughter, PENELOPE J. PASCUCCI, shall serve as successor Trustee. (b) Thereafter, each Trustee shall have the right to appoint his or her successor. In the event of a complete vacancy in the office of Trustee, iVLiRI~ V. P~CUCCI shall serve as Trustee. (c) Each appointment of a successor Trustee shall be in ~ting and shall be fried with the court in the jmisdiction which is the situs o£the Trust. The written instrument shall be signed by the person having the power to make the appointment. (d) Each Trustee shall have the right to receive reasonable compensation for services rendered. (e) Each Trustee is specifically relieved from the duty of ~in% bond or entering' security. ARTIC__LE .'tV: The initial situs of this Trust shaJ] be Cumberland County, Pennsylvania. The Trustee may determine, from time to time, to change the situs o£ any Trust establisbed under this Agn'eement. However, no PagelO change in situs shall be effective until ~Titten notice shsll have Been provided to the income beneficiary of the Trust. IN WITNESS WHEREOF, VIRGINIA M. SEAVEY has hereunto offered her hand and seal as Grantor and Trustee, all on the day and year fLrst above ~Titten. Witne~ GR-~NTOR AND TRUSTEE: (SEAL) STATE OF COUNTY OF : SS: On this, the'M-~day of ~ , 2001, before me, a Notary Pubhc, the undersigned officer, personally appeared VIRGINIA M. SEAVEY, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that she executed the same for the purposes therein contained. seal. IN WITNESS WHEREOF, I have hereunto set my hand and notarial ~CNotary Publ/~ ' - My Commission Expires: (SEAL) ~ ~OT^~^~ s~ -- PATRICIA D. OLYARNIK, Notary Public[ [ Hampden Twp., Cumberland County L. M~, Commission Expires Aug. 27 2001 SCHEDULE "A' 2102 Central SE, Albuquerque, New Me)rico ~ 106 Buena Vista Drive, SE, Albuquerque, New Mexico Undivided one-half interest in 575 St. John's Road, Camp Hill, Pennsylvania Undivided one-half tenants in common interest in 21 Robinhood Lane, Billerica, Massachusetts Alliance Fund Services, Guardian Park Avenue Fund A Federated Fund for U. S. Government Obhgations Way-point Bank Account 2305000262 9050194 ~he Law Offices of Arm-txon~, Fisc~ and Associates i 1~ Recolr~,,-~ /v~l to: ~/~_ _el Seavey vi yima 575 st. Jams mrive r~,,T, ~j]], PA 17011 Spaoa above P~mc~rder' s use QUITCLAIM DEED For ~ val,:~h!e ~--n~-o?=.ti~., r~c~.ipt of wb-i~, is he_~_by %r/PcrOq!A M. SEAVEY, whose a~ is 575 St. Jcb_~s E~ive, Cm~p ~] SEAVEY, whose ~tr~ is 575 St. Johns I/rive, Cm~p Trust~=~ or their ~=ors in ~, ur~ the SEAVEY Ja~v~; 17, 1990, and any ~=r~/nents thereto, ~ following d~-crJ]:ed Ieal p~uF_rty in the (b~tf of Bernmiillo, Stats of New Mexico: Lots t~M~=_r~d 1-A and l-B, in Block numbered 1 of Amended replat of Lot ! and the Westerly 25 feet of I_ct 2, Block 1, BUENA VT_hUlA PIEIGHTS, Albuquerque, New Mexico, now o~,,,/,risir~ Lots 1-A and l-B, Block ! ~ VISTA HEIGEi~3, ~un Addition to the city of Albuquerque, New Mexico, as the same is shown and designated on sa/d amer~d replat, fi_led in the office of the County Clerk of Bei-mm]~]o C~%nty, New M~xico, on November 23, 1977. EX~i- FRflM E~CIARA_TIC~ OF V/~to~.: IR~X~DCA~rR '~r TRAN~r~i< ~f~w~:~ t~3~i~%lqI) AND State of l~lx~ ) Cu~ty of Cumberland ) SS /.///?~ before me, the ur~ersigned, a Notary Public in and for said ~Al<h]3 B~ ~d~ LAW O,~'~".U...~ OF A]{~S~, ~ 2kND ASSOC/~q~F~, 2602 ~ Ail that certain lot of land situate in the To~p of Ma ~den,` County of Cu~herlar~ and State of Pennsylvania, ~.7.r~ l~%rticularly boun~ and described as folly, to wit: ~EGINNING at a l~oint at ~h~ ra~t/~e~st c~_r of Point P~ge~_ E~-ive ~ ~ ~ve; ~ ~ ~ ~ ~ of ~ ~ ~ ~ a ~ly d~ ~ ~ ~Ly-fi~ ~ ~~ (~5.9) f~ ~ a ~t; ~ ~ ~ ~ly 1~ of ~ No. 45, ~ ~ h~ ~o~ Plat of ~, ~ ~ ~rly d~ ~ h~ f~-~ ~ ~ five ~ (~2.85) f~ ~ a ~; ~ ~ ~ ~ly 1~ of ~ No. 82 ~ Pi~ of ~, ~ 2, ~ a ~ly d~ ~ ~ fi~ (~0) f~t ~ ~ ~ly ~ of ~ ~; ~ ~ ~ ~ly 1~ of ~ ~i~ ~ f~-~ (53) a~ ~ (9) ~ ~ ~ ~ ~ty-~ ~ ~-five ~ (139.85) f~ ~ ~e pla~ Mh:;NG Lot No. 44 as s~ cn Plan of Lots, Section l-A, Point Ridge H=~en Township, Cumberland Co~ty, P~lv~, r~corded in th~ Cumberland County Recorder's Offioe in Plan Book 8, Page 2. hh;ING part of th~ pI~,{~es %~uic/~ Augustus C. S~]ey and C~ M. S~ley, wife, by deed dated Februz=~y 17, 1943, and r~c~rded in the Office afor~ in Deed Book '~, Vol. 12~ Page 575, 9==n~ and conveyed unto Eurvin W. Lauer and Eva S. Ls~, h~.~ w~_fe, Grantors harein. said Plan by instruct=rfc in ~-itin~ dated Feb~]ar-y 6, 1956 and recorded Feb,]sty 17, 1956 in tlme ~der's Office aforesaid in 1~. Book 118, Pmge 445. Recorded etcr. ;n and Iaw offir~ of When R~or~ Mail to: REG~NAID p. SEAVEY ar~ VIRGINIA M. SEAVEY 7456 Pleasant Run Scottsdale, Arizona 85258 FEB 3? Space above for Rscordar,s use QUITCLAIM DEED Do~zr~ntary Transfer Tax -0- For a valuable ~erati~, r~il~t of whic~ is hereby acknowledged, R~GINALD p. SEAVEY and ~ M. SEAVEY, his wife, whose address is 575 St. John's Drive, C~mp ~i]], PA, do hereby Quitclaim to REGINAID p. SEAVEY and M...S~A.VEY, whose ~ww~-~. is 575 St. John's Drive, C~i~~ H/ll, PA Co- --~ the follc~ir~ d~cribed real p~uperty in the County of O~=-r!and, State of ~nsylva~a: See leg-=l a~ori~tion on Exb_~bit A, attached hereto and by this reft--fence made a part hereof. Stat~ of Arizona ) County of Maricopa ) SS o~ JAN I ? lgg,O before ~rm=, the undersigr~, a Notary Public in ar~ for said Cc~ty and State, persor~l~y a~peared Pd~iI/qALD p. SEAVEY and ¥~SIN/A 1~. SEAVEY, b~hand and wife, known to me to be ~ persons ~ r~=~ are Su.,L~e Re,ad, ScuLL~:-Lle, Ariz~ 85250. Lint 213 beir~ shown cm~ a plat ~,titled "Castlew~od ~t ~-ivisicn Plan of ~53, Joseph W. M.~z~, Inc., Re~ Land Surveyor, ~ p!~_n is recorded with lw~lesex No~h District Deeds, Plan Book 101, Pla~ 97, bound~ and N~+~rly by a curved I/ne f~-m~ng the junc~ of Baldwin P~ad and Diane La~e, 27.89 fe~t; Easterly -'~ ~ .b~-D~r~ ~ne by ~rwo lines, 138.27 feet ~ 125 feet; · ~'~------terly by a st~m~a ~ ar~ land now or f~-~ly of Den/s J. G~en k5, t~D ~, 24.00 feet ar~ 88.25 feet; . Northerly by l~rd nc~ cr f~..~ly of (lu3rles and ~-=!en K. Settipani, 182.21 feet; and Westerly by ~ now or form=~ly of s~ Settlpani, 142.67 feet. cohta//dr~ 30,059 s~,~-~ fe~c of ar~l,,~ to.~r~ 1Dla~. · - _ w~ ~ ~, ~ ~61~ ~ ~2. ~ ~ ~e ~ ~ of W~]I{~ B. ~ ~t~ J~y ~, ~75 ~ ~d ~ ~ ~ 2~, ~ 276. r J 7456 Pleasant ) ) s~=e above for P~oora~r,s use QUITCLAIM DEED See legal d~<~iptic~ on Exhibit A, attau~ he.=to ar~ by this reference ~e a part hereof. 1990 ANiENIlMEN~F TO AMEN,iDlED ~k'~,iD RESTs%TED DECLAR~kTION OF TRUST A1VIENDMENT made this /~ day of ~ ~ 2003, by ¥ IRGINIA M. SEA¥ISY, of Hampden Township, Cumberland County, Pennsylvania, as Grantor, hereinafter referred to as "Grantor" and as "Trustee". WITNESSETH: WHEREAS, Grantor is the owner of certain assets more fully described in Schedule "A", attached hereto and made a part hereof; and WHEREAS, Grantor and her husband, REGINALD P. SEA¥~EY declared the Seavey Family Trust by Agreement dated January 17, 1990 with respect to certain assets more fully described in that Agreement; and WHEREAS, REGINALD P. SEAVEY .died on January 12, 1993, at which time, pursuant to the provisions of Article Six of the Seavey Family Trust Agreement, the assets subject to the that Agreement were divided into two parts, known as Trust "A" and Trust "B"; and WHEREAS, Trust "B" is a unified credit trust (utilizing in part the unified credit that was available to the Reginald P. Seavey Estate), and Trust "A" was to consist of Grantor's separate property, as well as any property includible in the Estate of Reginald P. Seavey that was not sheltered by the unified credit available to his estate; and WHEREAS, in Article Seven of the Seavey Family Trust Agreement, Grantor retained complete control over the assets in Trust "A"; and WHEREAS, Grantor amended and restated the Seavey Family Trust Agreement insofar as it pertains to Trust ':A" by Amended and Restated Declaration of Trust dated May 7, 2001; and WHEREAS, Grantor desires to amend the Trust as provided herein. NOW, THEREFORE, Grantor declares as follows: ARTICLE I: ARTICLE IV(c) is hereby deleted. ARTICLE II: provide as follows: _ARTICLE IV(d) is hereby amended to (d) Upon the death of [he Beneficiary, the Trust shall be administered and distributed for the benefit of the issue of the Beneficiary, in accordance with the provisions of ARTICLE V. ARTICLE III: entirety to provide as follows: ARTICLE XIV is hereby amended in its ARTICLE XIV: Grantor makes the following provisions with respect to Trustees: (a) Upon the death of Grantor, or in the event of her inability or refusal to serve as Trustee, or upon her resignation as Trustee, YL~,RK V. PASCUCCI and PENELOPE J. PASCUCCI shall serve as Trustees. (b) Thereafter, each Trustee shall have the right to appoint his or her successor. In the event of a complete vacancy in the office of Trustee, GAYLE LEVOE shall serve as Trustee. (c) Each appointment of a successor Trustee shall be in writing and shall be filed with the court in the jurisdiction which is the situs of the Trust. The written instrument shall be signed by the person having the power to make the appointment. (d) Each Trustee shall have the right to receive reasonable compensation for services rendered. (e) Each Trustee is specifically relieved from [he duty of filing bond or entering security. ARTICLE IV: Grantor hereby confirms and ratifies her Amended and Restated Declaration of Trust in all other respects. IN WITNESS WHEREOF, \~RGINIA M. SEAVEY has hereunto offered her hand and seal as Oran~or and Trustee, ali on the day and ),ear ~rst above written. GRANTORAND TRUSTEE: Witness ¥TR~INIA M. SEAVEY~f (SEAL) CLERF, OF ORPHAN'S COURT E'I~' 'ETAL fi15 FALLOWFLD RD :501 CAHP HILL PA 17011 CONNONgEALTH OF PENNSYLVANIA DEPARTHENT OF REVENUE NOTICE OF INHERITANCE TAX APPRAZSEHENT, ALLO#ANCE OR DZSALLO#ANCE OF DEDUCTIONS AND ASSESSHENT OF TAX DATE ESTATE OF DATE OF DEATH FILE NUNBER COUNTY ACN 12-27-200~ SEAVEY 01-Z~-200~ 21 04-096~ CUHBERLAND 101 Amount Rami 'H:ed VIRGINIA HAKE CHECK PAYABLE AND RENZT PAYNENT TO: REGISTER OF HILLS CUNBERLAND CO COURT HOUSE CARLISLE, PA 17013 CUT ALONG THIS LINE ~ RETAIN LOWER PORTION FOR YOUR RECORDS ~.~ REV-1547 EX AFP (01-03) NOTICE OF ZNHERZTANCE TAX APPRATSENENT, ALLOWANCE OR DZSALLOWANCE OF DEDUCTTONS AND ASSESSNENT OF TAX ESTATE OF SEAVEY VIRGINIA FILE NO. 21 0~-096~ ACN 101 DATE 12-27-200fi TAX RETURN gAS: (X) ACCEPTED AS FILED ( ) CHANGED RESERVATION CONCERNING FUTURE INTEREST - SEE REVERSE APPRAISED VALUE OF RETURN BASED ON: ORIGINAL RETURN 1. Real Estate (Schedule A) (1) 2. Stocks and Bonds (Schedule B) (2) $. Closely Held Stock/Partnarsh/p Interest (Schedule C) ($) ~. Hortgages/Notes Receivable (Schedule D) (~) E. Cash/Bank Dapos/ts/H/sc. Personal Property (Schedule E) (5) 6. Jo/ntly Owned Property (Schedule F) (6) 7. Transfers (Schedule G) (7) 9;970.72 8. Total Asse~s (8) APPROVED DEDUCTIONS AND EXENPTZONS: 9. Funeral Expanses/Ada. Costs/Hisc. Expenses (Schedule H) (9) 10. Debts/Nortgage Liabilities/Liens (ScheduZe Z) (10) 2,726.76 11. Total Deductions (11) 12. Net Value of Tax Return (12) 188,180.41 .00 249~205.61 .00 7,383.00 13. NOTE: Charitable/Governmental Bequests; Non-elected 9115 Trusts (Schedule J) (15) Nat Value of Estate Subject to Tax (1~) Zf an assessment was issued previously, lines 14, 15 and/or 16, 17, reflect figures that /nclude the total of ALL returns assessed to date. ASSESSNENT OF TAX: 15. Amount of Line 1~ at Spousal rate (15) 16. Amount of L/ne 1~ taxable at Lineal/Class A rate (161 17. Aeount of L/ne Zfi at SibZing rate (17) 18. Amount of Line 1~ taxable at Collateral/Class B rata (18) 19. Principal Tax Due RECEIPT NUHBER DISCOUNT (+) INTEREST/PEN PAID (-) .00 TAX CREDITS: PAYNENT DATE 10-25-200~ CDOO45q5 .00 NOTE: To insure proper credit to your account, subm/t the upper portion .00 of thls form with your tax payment. 4~7,354.74 10.109.76 ~37,24~.98 BALANCE OF UNPAID INTEREST/PENALTY AS OF IF PAID AFTER DATE INDICATED, SEE REVERSE FOR CALCULATION OF ADDITIONAL INTEREST. .00 437,2q4.98 18 and 19 w111 10-26-2004 TOTAL TAX CREDIT J 19,676.02 BALANCE OF TAX DUEI .00 ZNTEREST AND PEN. { 2.16 TOTAL DUE I 2.16 ( ZF TOTAL DUE 1S LESS THAN $1, NO PAYNENT ZS RE~UZRED. ZF TOTAL DUE IS REFLECTED AS A "CREDIT" (CR), YOU HAY BE DUE A REFUND. SEE REVERSE SIDE OF THZS FORH FOR INSTRUCTIONS.) 19,676.02 ANOUNT PAID .00 x O0 = .00 ~37,244.98 x 045= 19,676.02 .00 x 12 = .00 .00 x 15 = .00 (19)= 19,676.02 HEATH L. ALLEN N. DAVID RAHAL CHARLES W. RUBENDALL II ROBERT L. WELDON EUGENE E. F'EF'INSKY. .JR. .JOHN H. ENOSm GARY E. FRENCH DONNA S. WELDON BRADFORD DORRANCE .JEFFREY S. STOKES ROBERT R. CHURCH STEF'HEN L. GROSE R. SCOTT SHEARER ELYSE E. ROGERS CRAIG A. LONG YEAR DONALD M. LEWIS III BRIDGET M. WHITLEY .JOHN A. FEICHTEL ELIZABETH .J. GOLDSTEIN STEF'HANIE KLEINFELTER BRADLEY A. WALKER KEEFER WOOD ALLEN & RAHAL. ATTORNEYS AT LAW 415 F"AllOWF"IElD ROAD, SUITE 301 CAMP Hill, PA 17011-4906 LLP ESTABLISHED IN 1878 OF COUNSEL: SAMUEL C. HARRY PHONE 717-612-5600 FAX 717-612-5605 HARRISBURG OFFICE: 210 WALNUT STREET HARRISBURG. PA 17101 EIN No. 23-0716135 www.keeferwood.com PHONE 717-255-8000 January 25,2005 717-612-5808 cswindler@keeferwood.com C? '.~o . ;~j l~.'> :::::J ,".::' L;'l <- :'.;..;1' ; I Register of Wills of Cumberland County Courthouse Hanover and High Streets Carlisle, P A 17013 Re: Dear Sir/Madam: r......'> 01 -0 r0 Estate of Virginia M. Seavey File Number 21-04-0964 : f~' C;~ <....) Ul Enclosed is a check in the amount of $2.16 in payment of interest and penalty due pertaining to the above estate. If you have any questions, please call our office. /cds 90390 Enclosure Sincerely yours, /0]~ \B-~~~ ~ D. Swindler, Legal Assistant to Elyse E. Rogers COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF REVENUE BUREAU OF INDIVIDUAL TAXES DEPT. 280601 HARRISBURG, PA 17128-0601 REV-1162 EX(11-96) EIVED FROM: PENNSYLVANIA INHERITANCE AND ESTATE TAX OFFICIAL RECEIPT ROGERS ELYSE E 415 FAllOWFIElD ROAD SUITE 102 CAMP Hill, PA 17011-4906 '-Iold STATE INFORMATION: SSN: 525-46-1728 ILE NUMBER: 2104-0964 'ECEDENT NAME: SEA VEY VIRGINIA M lATE OF PAYMENT: 01/26/2005 OSTMARK DATE: 01/25/2005 :OUNTY: CUMBERLAND lATE OF DEATH: 01/24/2004 NO. CD 004885 ACN ASSESSMENT CONTROL NUMBER AMOUNT 101 I $2.16 I I I I I I I I TOTAL AMOUNT PAID: $2.16 EMARKS: CHECK#1007 SEAL INITIALS: JA RECEIVED BY: REGISTER OF WILLS GlENDAFARNERSTRASBAUGH REGISTER OF WillS 'EFER WOOD ALLEN & RAHAL, 415 I=ALLOWFIELD ROAD. SUITE 301 CAMP HILL. PA 17011-4906 ~ - (j ~ - - Register of Wills of Cumberland County':<?j<;f, Courthouse Yj,j .-1 Hanover and High Streets Carlisle, PA 17013 LLP -,~"",,--:,:', ~ ac ~ I '. f' ,j ) ~ Of ;". 2005 fl M"-I~~~_I_()\~_'1~_- 2. ( ., "0 '\; ). .'!,=-- () <~ '() r-.") .:,~~~; .:...,n ,- . ) ] r<l (J) ;' J G) C,)l 17013+3301 02 j HI JJj, HHJ Hu"lI" Jj I H 11,11 JI.) 11111 H HIIIII' I '1111 II ,f BUREAU OF INDIVIDUAI..l'AXES INHERITANCE TAX DIVISI~ . PO BOX Z80601 HARRISBURG PA 171Z8-0601 COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF REVENUE INHERITANCE TAX STATEMENT OF ACCOUNT '* IEY-ln7 EX AFP 112-0~) ELYSE EROSERS KEEFER ETAL 415 FALLOWFLD CAMP HILL ESQ DATE ESTATE OF DATE OF DEATH FILE NUMBER COUNTY ACN 03-14-2005 SEAVEY 01-24-2004 21 04-0964 CUMBERLAND 101 Allount Relli Hed VIRGINIA RD 301 PA 17011 MAKE CHECK PAYABLE AND REMIT PAYMENT TO: REGISTER OF WILLS CUMBERLAND CO COURT HOUSE CARLISLE, PA 17013 NOTE: To insure proper credit to your account, subllit the upper portion of this forll with your tax paYllent. CUT ALONG THIS LINE ~ RETAIN LOWER PORTION FOR YOUR RECORDS ~ 1~:r&&~.!5rj(~J..rGl~.6!'......ii.;r:rA~f~elr~l5r.!fl1MrAInff.b~.l~1!60~....ii..................... ESTATE OF SEAVEY VIRGINIA FILE NO.21 04-0964 ACN 101 DATE 03-14-2005 THIS STATEMENT IS PROVIDED TO ADVISE OF THE CURRENT STATUS OF THE STATED ACN IN THE NAMED ESTATE. SHOWN BELOW IS A SUMMARY OF THE PRINCIPAL TAX DUE, APPLICATION OF ALL PAYMENTS, THE CURRENT BALANCE, AND, IF APPLICABLE, A PROJECTED INTEREST FIGURE. DATE OF LAST ASSESSMENT OR RECORD ADJUSTMENT: 12-27-2004 PRINCIPAL TAX DUE:. ........'_...IIINIIIIIIII...nlUllllllll..IIHIIIII...IIIIIIII..IIHIIIIIIII..HIIII........ 19,676.02 PAYMENTS (TAX CREDITS): ~ PAYMENT RECEIPT DISCOUNT (+) AMOUNT PAID DATE NUMBER INTEREST/PEN PAID (-) 10-25-2004 CD004545 .00 19,676.02 01-25-2005 CD004885 2.16- 2.16 TOTAL TAX CREDIT 19,676.02 BALANCE OF TAX DUE .00 INTEREST AND PEN. .00 IF PAID AFTER THIS DATE, SEE REVERSE TOTAL DUE .00 It SIDE FOR CALCULATION OF ADDITIONAL INTEREST. ( IF TOTAL DUE IS LESS THAN $1, NO PAYMENT IS REQUIRED. IF TOTAL DUE IS REFLECTED AS A "CREDIT" (CR), YOU HAY BE DUE A REFUND. SEE REVERSE SIDE OF THIS FORM FOR INSTRUCTIONS. )