HomeMy WebLinkAbout12-18-12 (2)f ~
1505610101
~ REV-1500 °` t°~_~°' ~
PA Department of Revenue pennsylvarria
Bureau of Individual Taxes ~""pT"`"'~`p`~`"~`
Po Box z8osoi INHERITANCE TAX RETURN
Harrisburg, PA 1128-o6oi RESIDENT DECEDENT
OFFICIAL USE ONLY
County Code Year File Number
Social Security Number Date of Death MMDDYYYY Date of Birth MMDDYYYY
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Decedent's Last Name Suffix Decedent's First Name MI
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(If Applicable) Enter Surviving Spouse's Information Below
Spou
's Last Name
se Suffix Spouse's First Name MI
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Spouse's Social Security Number
THIS RETURN MU
ST BE FILED IN DUPLICATE WITH THE
i ~ 7 REGISTER OF WILLS
FILL IN APPROPRIATE OVALS BELOW
1. Original Return O 2. Supplemental Return O 3. Remainder Return (date of death
ENTER DECEDENT INFORMATION BELOW
O 4. Limited Estate
~ 6. Decedent Died Testate
(Attach Copy of Will)
Q 9. Litigation Proceeds Received
O 4a. Future Interest Compromise (date of
death after 12-12-82)
O 7. Decedent Maintained a Living Trust
(Attach Copy of Trust)
O 10. Spousal Poverty Credit (date of death
between 12-31-91 and 1-1-95)
prior to 12-13-82)
O 5. Federal Estate Tax Return Required
8. Total Number of Safe Deposit Boxes
O 11. Election to tax under Sec. 9113(A)
(Attach Sch. O)
CORRESPONDENT - THIS SECTION MUST BE COMPLETED. ALL CORRESPONDENCE AND CONFIDENTIAL TAX INFORMATION SHOULD BE DIRECTED TO:
Name Daytime Telephone Number
i O .
RP~IS~R OF WIItL~USE Lon
Rt~n ~ ~~
First line of address ~ ~ ~ }--~ r~ `r'[
YG 3 I~or3~'~t ~ S'.~ ~~'.~~ cy~ti
Second line of address
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City or Post Office -0 ~I DATE F ~ C9
State ZIP Code ~
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Under pena es of perjury, I Clare t have examined this um, including accompanying schedules and statements, and to the best of my knowledge and belief,
it i e, ect and comp) e. D ion o reparer other than the personal representative is based on all information of which preparer has any knowledge.
IGNA E OF P R S OR FILING RETURN DATE
ra -~~- ao~z
ADD SS
703 / r .~/~ A /YD.SS
SIGNATURE F PREPARER OTHER HAN REPRESENTATIV DATE
ADDRESS
PLEASE USE ORIGINAL FORM ONLY
1505610101
Side 1
1505610101 J
J
REV-1500 EX
Decedent's Name:
RECAPITULATION
Decedent's Social Security Number
1. Real Estate (Schedule A) ............................................. 1. ~,
2. Stocks and Bonds (Schedule B) 2. i s . ~ 7 k y `. ~
3. Closely Held Corporation, Partnership or Sole-Proprietorship (Schedule C) ..... 3.., ,
.~:,'
4. Mortgages and Notes Receivable (Schedule D) ........................... 4.
5. Cash, Bank Deposits and Miscellaneous Personal Property (Schedule E)....... 5. 3 ~ .'~ : 9 ~~ ~`
Via,
__.
6. Jointly Owned Property (Schedule F) p Separate Billing Requested ....... 6. ~.
7. Inter-Vivos Transfers & Miscellaneous Non-Probate Property "~`` _;'~'" }:~ps~tius~,~y~~, `''~`~'°~
(Schedule G) p Separate Billing Requested........ 7. ~~r{~~ } ,~19 ~ ~ -~'
. ._;.., ,~ ,,:,:era-tea ~;~a
8. Total Gross Assets (total Lines 1 through 7) ............................. 8. -~ ~~ ~ .< : U 9
9.z
9. Funeral Ex enses and Administrative Costs Schedule H l '~ 3~'; y ~ O
P ( ) ................... 9. oZ,~o
10. Debts of Decedent, Mortgage Liabilities, and Liens (Schedule I) .............. 10. ~
~- :• .~<i.~~:~.r^ q~Uinr,~t rti~~;~:ir~gSiis.~n..'.4 ~;~1.-..,-;
11. Total Deductions (total Lines 9 and 10) ................................. 11 "' ~~ _~ 3~J ~/ ~(~
12. Net Value of Estate (Line 8 minus Line 11) 12 "~7 8
~~4 ~ ~:
13. Charitable and Governmental Bequests/Sec 9113 Trusts for which '~°~'''''~ ~^`"~~"`~~' ' ~!#°~ €~'"i"`' ~"~'' '=
,~.
an election to tax has not been made (Schedule J) ........................ 13.. ~ ;
~•, l
14. Net Value Subject to Tax (Line 12 minus Line 13) ........................ 14. ~ ' U 7 ~ ~ ;~ ~ ~,,2 "
TAX CALCULATION -SEE INSTRUCTIONS FOR APPLICABLE RATES
15. Amount of Line 14 taxable
at the spousal tax rate, or
transfers under Sec. 9116 ~~ ~~ rr ~r,~~ ~ /r
16. Amount of Line 14 taxable ```~~' ~'''' "~} `` ^`'" -=
at lineal rate X .0 ~'~ : ~ ~ ~ ~ / ~ q ~ ~~g r 16.
17. Amount of Line 14 taxable `~'` >,.'r
at sibling rate X .12 ~ ~ ~ 17.
18. Amount of Line 14 taxable ""~'`' ~' ~~~`'¢~i"
at collateral rate X .15 ~ x ~ 18.
19. TAX DUE ......................................................... 19.
20. FILL IN THE OVAL IF YOU ARE REQUESTING A REFUND OF AN OVERPAYMENT
Side 2
1505610105 1505610105
1505610105
O
J
REV-1503 EX+ (6-98)
COMMONWEALTH OF PENNSYLVANIA
INHERITANCE TAX RETURN
RESIDENT DECEDENT
SCHEDULE B
STOCKS & BONDS
ESTATE OF ~-~- FILE NUMBER
~zC CGr,Vrn
~
~
.
vm ryr c
o2/ - /a - O ~GO
All property jointly-owned with right of survivorship must be disclosed on Schedule F.
ITEM
NUMBER
DESCRIPTION VALUE AT DATE
OF DEATH
t . ~~ ~/~~oN ~2l3 oG ~~..L ~u~i/'T tiJiad[ 3823. 9 z
a .
Gas //IJ `~'' ~~rea ~t~./rrr.~b~
~~~ • Cor'rnoi/ ~t/f~r3 of ,~ ~S
35~/~ .
3 /~ ~ // ~
~~a ~-Gn~maN ~.,~i/Aitc=s QF ~1~28///~t~2 ~cp, ~~ 7~ . ~&
,
~. ~ L:42o. /
~ E (,C~'. ~i4~i~~s n/a S yr/ ~CiNdC2~/v I o ~j , gY
~e~l6flft~
~ ~`~~- ~ os~. ~ y
~D /V
TOTAL (Also enter on line 2, Recapitulation) I $ 9J/~ 7', 9(0
(It more space is needed, insert additional sheets of the same size)
REV-1508 EX + (1-91)
SCHEDULE E
COMMONWEALTH OF PENNSYLVANIA CASH, BANK DEPOSITS, ~ MISC.
INHRESIDENTDECEDENTRN PERSONAL PROPERTY
ESTATE -fir-' ~-- FILE NUMBER
ominric Y/ . ~c G.~vrr i off/ - /,.2 ~ D'y6 D
Indude the proceeds 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 DESCRIPTION OF DEATH
1. ~ -L~
~.Jc=X~ i•~ 7 Eck2~ ~ ~izc~,; N~o•/ 3 O ~~ 96
i~~./6 opt/ ~ ~ ft`~~T #~ D(~o O 0 3.2~3:>'
TOTAL (Also enter on line 5, Recapitulation) I $ ,~p'S/(o , 96
(If more space is needed, insert additional sheets of the same size)
REV-1570 EX • (1-97)
COMMONWEALTH OF PENNSYLVANIA
INHERITANCE TAX RETURN
SCHEDULE G
INTER-VIVOS TRANSFERS ~
MISC. NON-PROBATE PROPERTY
ESTATE OF 1/ FILE NUMBER
~vm~ar~ ~ 7 y~ G.~/~ 7i a / - /~ - o'~~ o
This schedule must be completed and filed if the answer to any of questions 1 through 4 on the reverse side of the REV-1500 COVER SHEET is yes.
ITEM
NUMBER DESCRIPTION OF PROPERTY
INCLUDE THE NAME OF THE TRANSFEREE, THEIRRELATIONSHIPTODECEDENTANDTHEDATEOFTRANSFER.
ATTACH A COPY OF THE DEED FOR REAL ESTATE.
DATE OF DEATH
VALUE OF ASSET % OF
DECD'S
INTEREST
EXCLUSION
IF APPLICABLE
TAXABLE VALUE
1.
l~V S ~! FCC ~n/ ~~Jr~ <I F!c-~ NrilU! ~/
~/, 'YOG
/ O d
.2 /~ '~~ D
~ . ~ E72r QlSF ~/1ok'~i¢6E ~~ 7/~ 6~ l !o~ 7! , ~$1
~~'S ~ ~ ~/ $G, ~S'3 loo ~G, ~S3
~ ^ ~
~~s ~/FE ~~!( ~iVNllt~ ~ .Z loa
~~ ~,~~ yo~(~1 ~~
lob ~~ ~
t oa
joG , 9~ ;
TOTAL (Also enter on line 7, Recapitulation) I $ 302~~ ~~
(If more space is needed, insert additional sheets of the same size)
REV-1511 EX+ (10-06)
SCI~IEDVLE H
COMMONWEALTH OF PENNSYLVANIA FUNERAL EXPENSES &
INHERITANCE TAX RETURN ADMINISTRATIVE COSTS
RESIDENT DECEDENT
ESTATE OF ~\ ~-- FILE NUMBER
Debts of decedent must be reported on Schedule L
ITEM
NUMBER DESCRIPTION AMOUNT
A. FUNERAL EXPENSES:
/~,c`)~tzz~ T!/N,C7lff~c hFOiri~ c~d{9~1/ICS,~~ A
/ ,
~7~uNE?A,C , ~v2/~.(~ ~. t7~+~f12~/~ ~6t l/E ~
T~it/~2~tC ~Uq/C'H~~it/
B.
1
ADMINISTRATIVE COSTS:
Personal Representative's Commissions
Name of Personal Representative(s)
Street Address
City
Year(s) Commission Paid:
State
Zip
2• Attorney Fees
3. Family Exemption: (If decedent's address is not the same as claimant's, attach explanation)
..---~"
Claimant _ ~(~/9i~~ - 7~7irC6/~/fit __
Street Addr s 7d 3 _- ' I-~a~r; Si ___ _ _ _
City AN~Cs G State / l+- Zip __ ~7~
Relationship of Claimant to Decedent ~ ~~_ __
4• Probate Fees
5• Accountant's Fees
6• Tax Return Preparer's Fees
7
3 Sav
!'o$ { 50
sa
TOTAL (Also enter on line 9, Recapitulation) $ 02~ 3J ~ ,
(If more space is needed, insert additional sheets of the same size) /
REV-1513 EX+ (11-08)
~ pennsyLvania
DEPARTMENT OF REVENUE
INHERITANCE TAX RETURN
RESIDENT DECEDENT
SCHEDULE ~
BENEFICIARIES
ESTATE OF ~L -~ FILE NUMBER
~~9/j1 /~/i P ~ / USCG i./i.-~ .;2 / - /~2 - //~ ~/ /)
NUMBER
NAME AND ADDRESS OF PERSON(S) RECEIVING PROPERTY RELATIONSHIP TO DECEDENT
Do Not List Trustee(s) AMOUNT OR SHARE
OF ESTATE
I TAXABLE DISTRIBUTIONS [Include outright spousal distributions and transfers under
Sec. 2116 (a) (1.2).]
1. - ` / ~ L~~
~1 f/St7 N / / 7~vLG /n//-~
~ `~ ~~~
~
7'03 ~ ~~F~T ~ USA
/~; a~~c.
'
S
r ~H~n/~cs,c3u2~, ~ /7a.~
ENTER DOLLAR AMOUNTS FOR DISTRIBUTIONS SHOWN ABOVE ON LINES 15 THROUGH 18 OF REV-1500 COVER SHEET, A S APPROPRIATE.
II NON-TAXABLE DISTRIBUTIONS:
A. SPOUSAL DISTRIBUTIONS UNDER SECTION 2113 FOR WHICH AN ELECTION TO TAX IS NOT TAKEN
1.
B. CHARITABLE AND GOVERNMENTAL DISTRIBUTIONS
1.
TOTAL OF PART II -ENTER TOTAL NON-TAXABLE DISTRIBUTIONS ON LINE 13 OF REV-1500 COVER SHEET. $
Ir more space is needed, insert additional sheets of the same size.
Rt~V-1500 EX Page 3 File Number ~/ _ ~z _ ~,~~0
Decedent's Complete Address:
DECEDENT'S NA ~ ~r-
rNi fLL~C ~N~ ~ ~
-_-. _---
STREET ADDRESS
7'03 / U~r~- S~,_
CITY STATE ZIP
~eHA~~ c~sr v2 e ~ i toss
Tax Payments and Credits:
1. Tax Due (Page 2, Line 19)
2. Credits/Payments
A. Prior Payments
B. Discount
3. Interest
4. If Line 2 is greater than Line 1 + Line 3, enter the difference. This is the 01/ERPAYMENT.
Fill in oval on Page 2, Line 20 to request a refund.
5. If Line 1 + Line 3 is greater than Line 2, enter the difference. This is the TAX DUE.
(1)
Total Credits (A + B) (2)
(3)
(4)
(5)
~.~, 3g
9.5-. s 9
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
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 Dec. 12, 1982, did decedent transfer property within one year of death
without receiving adequate consideration? ........................................................................................................ ...... ^ ^'r
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 of the 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. §9116 (a) (1.1) (ii)]. The statute does not exempt a transfer to a surviving spouse from tax, and the statutory requirements for disclosure of assets and
filing a tax return are still applicable even if the surviving spouse is the only beneficiary.
For dates of death on or after July 1, 2000:
• The tax rate imposed on the net value of transfers from a deceased child 21 years of age or younger at death to or for the use of a natural parent, an
adoptive parent or a stepparent of the child is 0 percent [72 P.S. §9116(a)(1.2)].
• The tax rate imposed on the net value of transfers to or for the use of the decedent's lineal beneficiaries is 4.5 percent, except as noted in
72 P.S. §9116(1.2) [72 P.S. §9116(a)(1)].
• The tax rate imposed on the net value of transfers to or for the use of the decedent's siblings is 12 percent [72 P.S. §9116(a)(1.3)]. 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.
~~
Last Wiil-and Testament
~~
of ~ ~ ~: _~ ~~~
:nom ~ ~~:
Dominic J. Fulginiti _~D~ ~° ~''~~r
~~
I, Dominic J. Fulginiti, a resident of Mechanicsburg, Cumber
Pennsylvania, revoke any prior wills and codicils made by me and declare ~iis~to be n€', ~ ~
~~ `'' o
Last Will and Testament. ~'
Article One
Family Information
I am married to Susan H. Fulginiti. We were married on July 14, 1984. Any reference in
my Will to my wife is to Susan H. Fulginiti.
I have two children. They aze:
Samuel Scott Fulginiti, a/k/a S. Scott Fulginiti, born on March 23, 1965;
and
Carolyn Nicole Lindgren, a/k/a Cazolyn Nicole McKinley, a/k/a Carolyn
Nicole Townsend, a/k/a Cazolyn Nicole Fulginiti, born on February 16,
1966
All references to my children in my Will are to these children.
References to my descendants are to my children and their descendants, including
descendants of any deceased child.
Article Two
Specific and General Gifts
Section 2.01 Disposition of Tangible Personal Property
I give all my tangible personal property, together with any insurance policies covering the
property and any claims under those policies in accordance with a "Memorandum for
Distribution of Personal Property" or other similar writing directing the disposition of the
property. Any writing prepazed according to this provision must be dated and signed by
me.
If I leave multiple written memoranda that conflict as to the disposition of any item of
tangible personal property, the memorandum with the most recent date will control as to
those items that are in conflict.
. ~ .r ~
If the memorandum with the most recent date conflicts with a provision of ~ '
this Will as to
the specific distribution of any item of tangible personal property, the provisions of the
memorandum with the most recent date control as to those items that are in conflict.
I intend that the writing qualify to distribute my tangible personal property under
applicable state law.
Section 2.02 Contingent Distribution of Tangible Personal Property
I give any tangible personal property not dis
wife, if she survives me. If my wife does not survive me I give 50% of theraro um to my
Scott Fulginiti and Cazolyn Nicole Lindgren, or the survivor of them, and 50% of the
property to Dwight F. Homer. As an alternative, my Executor may sell ail or any portion
of the property and distribute 50% of the net proceeds to S. Scott Fulginiti and Carol
Nicole Lindgren, or the survivor of them, and 50% of the net proceeds to Dwi t F.
Horner. My Executor will not incur any liability to an ~
Executor with respect to the division or sale of my tangib of per onal p operte by~my
decision made by my Executor will be final and binding on all of my beneficiaries. Y
Section 2.03 Definition of Tangible Personal Property
For purposes of this Article, the term "tangible personal property" includes but is not
limited to my household furnishings, appliances and fixtures, works of art, motor
vehicles, pictures, collectibles, personal wearing appazel and jewelry, books, s ortin
goods, and hobby paraphernalia. P g
Section 2.04 Incidental Expenses and Encumbrances
Until property distributed in accordance with this Article is delivered to the a ro riat
beneficiary or to the beneficiary's legal representative, my Executor willp apt e
reasonable expenses of securing, storing, insurin P Y he
caring for the property as an administration expenge.pEx pt~ as otl erwise ~ ro v de erwise
Will, my Executor will distribute property under this Article subject to allliens, security
interests, and other encumbrances on the property. Y
Article Three
My Residuary Estate
Section 3.01 Definition of My Residuary Estate
All the remainder of my estate, including property referred to above that is not effective)
disposed of, will be referred to in my Will as my "residuary estate." Y
Section 3.02 Disposition of My Residuary Estate
If my wife predeceases me, my residuary estate shall be administered as provided i
Article Five entitled "Distribution to My Beneficiaries." n
Page 2
~~~ ~ ~
v
if my wife survives me, I give my residuary estate to my wife. '
Section 3.03 Disposition Upon Disclaimer by My Wife
MY wife shall have the right within the time and in the manner provided b law to
disclaim her right to receive a specific portion or all of the roe Y
benefit under my Will. If my wife disclaims an p P m' passing to or for her
otherwise be allocated to her, my Executor shall allocates the dis laimed p o ertt woould
Non-Marital Share and the Non-Marital Shaze shall be administered as prow ded din
Article Four entitled "the Family Trust." If my wife disclaims any interest she has in an
portion of the Family Trust, my Executor shall dispose of the disclaimed interest under
the provisions of my Will as though she had predeceased me.
Article Four
The Family Trust
My Trustee shall hold and administer the Non-Marital Shaze in trust as provided in this
Article. The trust will be referred to as the "Family Trust."
Section 4.01 Family Trust Beneficiary
My wife will be the only beneficiary of the Family Trust during her lifetime.
Section 4.02 Distribution of Income
My Trustee shall distribute all of the net income of the Family Trust to my wife at least
quarter-annually during her lifetime.
Section 4.03 Distribution of Principal
My Trustee shall distribute to my wife as much principal of the Family Trust as m
Trustee determines is necessary or advisable for her health, education, maintenance and
support.
Section 4.04 Guidelines to My Trustee
MY wife is the only beneficiary of the Family Trust. In making discretion
distributions under this Article, my Trustee should beaz in msnd that m ~
and objective is to provide for the well-being of my wife and the preservat on of princieal
is not as important as the accomplishment of this objective. p
Section 4.05 Termination of the Family Trust
The Family Trust will terminate upon the death of my wife. My Trustee shall administer
the balance or remainder of the Family Trust as provided in Article Five entitled
"Distribution to My Beneficiaries."
Page 3
~ i
'r i ~ ~ ~v
~ ~
Article Five
Distribution to My Beneficiaries
Upon the death of the survivor of my wife and me, the Distribution to My Beneficiaries
will be administered under the terms of this Article.
Section 5.01 Division of Remaining Trust Property
My Executor or my Trustee, as the case may be, shall divide all property allocated to this
Article into shares as follows:
Name Relationship Share
S. Scott Fulginiti
son 13.34%
Carolyn Nicole Lindgren daughter
Stephen S. Fulginiti 13.33%
brother 13.33%
Dwight F. Homer brother-in-law o
Trust for Grandchildren 40 /o
grandchildren 20%
Each beneficiary's share will be administered as provided in the Sections that follow.
Section 5.02 Distribution of the Share for S. Scott Fulginiti
The share set aside for S. Scott Fulginiti is to be distributed to him outright.
If S. Scott Fulginiti is deceased, his share is to be distributed, in equal shares to Tara B.
Fulginiti and Noah Z. Johnson, or to the survivor of them, or if none, to the survivin
beneficiaries named in Section 5.01. If there aze no other surviving beneficiaries hig
share will be administered as provided in Article Six entitled "Remote Contingent
Distribution."
Section 5.03 Distribution of the Special Needs Trust Share for Carolyn
Nicole Lindgren
My Trustee shall administer the share set aside for Cazolyn Nicole Lindgren in trust as
provided in this Section.
(a) Distributions for Special Needs
My Trustee, in its sole, absolute, and uru'eviewable discretion, may
distribute discretionary amounts of net income and principal for special
needs of Carolyn Nicole Lindgren not otherwise provided by
governmental financial assistance and benefits, or by the providers of
services.
"Special needs" refers to the requisites for maintaining the good health,
safety, and welfare when, in the discretion of my Trustee, those requisites
are not being provided by any public agency, office, or department of anv
state or of the United States_ .
Page 4
i - i
`tiSpecial needs" also includes, but is not limited to, medical and dental
expenses, annual independent checkups, clothing and equipment,
programs of training, education, treatment and rehabilitation, private
residential care, transportation (including vehicle purchases), maintenance,
insurance, and essential dietary needs. "Special needs" may include
spending money; additional food; clothing; electronic equipment such as
radio, recording and playback, television and computer equipment;
camping; vacations; athletic contests; movies; trips; and money to
purchase appropriate gifts for relatives and friends.
My Trustee has no obligation to expend trust assets for those needs, but if
my Trustee, in its sole, absolute and uru'eviewable discretion, decides to
expend trust assets, under no circumstances may any amounts be paid to,
or reimbursed to, the federal government, any state, or any governmental
agency for any purpose, including for the caze, support, and maintenance
of Cazolyn Nicole Lindgren.
(b) Objective to Promote Independence of Carolyn Nicole
Lindgren
While actions are in my Trustee's sole, absolute and uru'eviewable
discretion, all parties to this trust agreement are to be mindful that it is my
wish that Cazolyn Nicole Lindgren live as independently, productively,
and happily as possible.
(c) Trust Assets not to be Considered Available Resource
to Carolyn Nicole Lindgren
The intent of this trust is to supplement any benefits received, or for which
the beneficiary may be eligible, through or from various governmental
assistance programs and not to supplant those benefits. All actions of my
Trustee must be directed toward carrying out this intent and the discretion
granted my Trustee under this agreement to carry out this intent is
absolute.
For purposes of determining Carolyn Nicole Lindgren's eligibility for any
governmental assistance program benefits, no part of the principal or
undistributed income of the trust estate is to be considered available to her
for public benefit purposes. Carolyn Nicole Lindgren does not have
access to principal or income of the trust, and she has no ownership, right,
authority, or power to convert any asset into cash for her own use.
My Trustee shall hold, administer, and distribute all property allocated to
this trust for the exclusive benefit of Cazolyn Nicole Lindgren during her
lifetime. All distributions from this trust share are in the sole and absolute
discretion of my Trustee, and Carolyn Nicole Lindgren is legally restricted
from demanding trust assets for her support and maintenance.
In the event my Trustee is requested to release principal or income of the
trust to or on behalf of Carolyn Nicole Lindgren to pay for equipment,
medication, or services that any government agency is authorized to
Page 5
~ ~ I
provide, or in the event my Trustee is requested to petition a court or any
other administrative agency for the release of trust principal or income for
this purpose, my Trustee is authorized to deny the request and is
authorized in its discretion to take whatever administrative or judicial
steps may be necessary to continue Carolyn Nicole Lindgren's eligibility
for benefits, including obtaining legal advice about Cazolyn Nicole
Lindgren's specific entitlement to public benefits and obtaining
instructions from a court of competent jurisdiction ruling that neither the
trust corpus nor the trust income is available to Cazolyn Nicole Lindgren
for eligibility purposes. Any expenses of my Trustee in this regard,
including reasonable attorneys' fees, are a proper charge to the trust estate.
(d, Distribution Guidelines
My Trustee is responsible for determining what discretionazy distributions
are to be made from this trust. My Trustee may distribute discretionazy
amounts of income and principal to or for the benefit of Carolyn Nicole
Lindgren for those special needs not otherwise provided by governmental
financial assistance and benefits, or by the providers of services. My
Trustee shall add any undistributed income to principal. In making
distributions, my Trustee:
Shall consider any other known income or resources of the
beneficiazy that aze reasonably available;
Shall take into consideration all entitlement benefits from
any government agency, such as Social Security disability
payments, Medicare, Medicaid (or any state Medicaid
program equivalent), Supplemental Security Income (SSI),
In-Home Support Service (IHSS) and any other special
purpose benefits for which Carolyn Nicole Lindgren is
eligible;
Shall take into consideration resource and income
limitations of any such assistance program;
Shall make expenditures so that Carolyn Nicole Lindgren's
standazd of living will be comfortable and enjoyable;
Is not obligated to or compelled to make specific payments;
May not pay or reimburse any amounts to any
governmental agency or department, unless proper demand
is made by such governmental agency and reimbursement
is required by the state; and
Will not be liable for any loss of benefits.
(e) No Seeking of Order to Distribute
For purposes of determining Carolyn Nicole Lindgren's state Medicaid
program equivalent eligibility, no part of the principal or undistributed
Page 6
income of the trust estate may be considered available to Cazo
Lindgren. My Trustee shall deny any request by Cazolyn Nicole Lindlgren
to (1) release principal or income of the trust to or on behalf of her to pay
for equipment, medication, or services that the state Medicaid program
equivalent would provide if the trust did not exist; or (2) petition a court or
any other administrative agency for the release of trust principal or income
for this purpose. My Trustee may, in its sole, absolute and unreviewable
discretion, take necessary administrative or legal steps to protect Carolyn
Nicole Lindgren's state Medicaid program equivalent eligibility, including
obtaining a ruling from a court of competent jurisdiction that the trust
principal is not available to Carolyn Nicole Lindgren for purposes of
determining state Medicaid program equivalent eligibility. Expenses for
this purpose, including reasonable attorneys' fees, will be a proper charge
to the trust estate.
(fl Indemnification of Trustee When Acting in Good Faith
My Trustee will be indemnified from the trust property for any loss or
reduction of public benefits sustained by Cazolyn Nicole Lindgren as a
result of my Trustee exercising, in good faith, the authority granted to my
Trustee under this Section.
(9) Termination and Distribution of the Special Needs Trust
If my Trustee, in its sole, absolute and unr'eviewable discretion,
determines that Carolyn Nicole Lindgren is no longer dependent on others
and is able to provide independent support, my Trustee shall administer
the remaining property in accordance with the provisions that follow.
"Independent support" is satisfied when Carolyn Nicole Lindgren has
been gainfully employed for thirty-three (33) months of a thirty-six (36)
month period.
The terms "gainful employment" and "gainfully employed" mean full-
time employment that produces sufficient net income to enable Carolyn
Nicole Lindgren to contribute not less than 100 percent of the funds
(exclusive of other sources of revenue) that are necessary to provide for
the independent care, support, maintenance, and education of Carolyn
Nicole Lindgren. My Trustee, in its sole and absolute discretion,
determines whether or not Carolyn Nicole Lindgren has satisfied the
condition of gainful employment.
(~) Distributions of Income and Principal
My Trustee shall distribute to Carolyn Nicole Lindgren as
much of the income and principal of her trust as my Trustee
determines is necessary or advisable for her health,
education, maintenance and support.
My Trustee shall add any undistributed net income to
principal.
Page 7
(2) Guidelines for Discretionary Distributions
In making discretionary distributions to Cazolyn Nicole
Lindgren, it is my desire to provide for her well-being and
happiness. Although I request that my Trustee consider the
other known resources available to Carolyn Nicole
Lindgren before making distributions, I also request that
my Trustee be liberal in making distributions to, or for her
benefit. I acknowledge that the
established for Cazolyn Nicole Lindgren may be exhausted
m malang such distributions.
(h) Distribution Upon the Death of Carolyn Nicole Lindgren
If Cazolyn Nicole Lindgren dies after the establishment of her trust, but
before the complete distribution of her trust, my Trustee shall distribute
the remaining trust property to S. Scott Fulginiti and Stephen S. Fulginiti,
or the survivor of them. If S. Scott Fulginiti and Stephen S. Fulginiti aze
deceased, this share shall be distributed, in equal shazes, to Lauren N.
McKinley and Amanda M. McKinley, or to the survivor of them, or, if
none, my Trustee shall distribute the balance of the trust property as
provided in Article Six.
(i) Distribution if Carolyn Nicole Lindgren is Deceased
If Carolyn Nicole Lindgren dies before the establishment of her trust, my
Trustee shall distribute Carolyn Nicole Lindgren's shaze to S. Scott
Fulginiti and Stephen S. Fulginiti, or the survivor of them. If S. Scott
Fulginiti and Stephen S. Fulginiti aze deceased, this shaze shall be
distributed, in equal shares, to Lauren N. McKinley and Amanda M.
McKinley, or to the survivor of them, or, if none, my Trustee shall
distribute the remaining property under the terms of Article Six.
Section 5.04 Distribution of the Share for Stephen S. Fulginiti
The share set aside for Stephen S. Fulginiti is to be distributed to him outright.
If Stephen S. Fulginiti is deceased, his share is to be distributed, in equal shares, to S.
Scott Fulginiti and to the Trustee of the Carolyn Nicole Lindgren Special Needs Trust or
if S. Scott Fulginiti is deceased, his share shall be distributed to the Trustee of the
Carolyn Nicole Lindgren Special Needs Trust. If S. Scott Fulginiti and Carolyn Nicole
Lindgren are deceased, the share shall be distributed to the Trust for My Grandchildren in
accordance with the provisions of Section 5.07 hereunder. If there are no other survivin
beneficiaries his share will be administered as provided in Article Six entitled "Remot~
Contingent Distribution."
Section 5.05 Distribution of the Share for Dwight F. Horner
The share set aside for Dwight F. Homer is to be distributed to him outright.
If Dwight F. Horner is deceased, his share is to be distributed as follows:
Page 8
1Z.5% to Mary Horner
25% to S. Scott Fulginiti
25% to the Trustee of the Carolyn Nicole Lindgren Special Needs Trust
25% to Stephen S. Fulginiti; and
12.5% to be held in Trust for My Grandchildren and administered in accordance
with the provisions of Section 5.07 hereunder:
If there are no other named beneficiaries, his share will be administered as provided in
Article Six entitled "Remote Contingent Distribution."
If any of the named beneficiaries aze deceased, their shares shall be distributed, pro rata
to the surviving beneficiaries named in this Section 5.05. '
Section 5.06 Distribution of the Share for Trust for My Grandchildren
My Trustee shall divide the trust property for
livin grandchildren into sepazate shares for my
g grandchildren. My Trustee shall administer the share for each of my living
grandchildren in a sepazate trust for the benefit of the grandchild as provided in the next
Section.
Section 5.07 Administration of the Separate Trusts
My Trustee shall administer the trust for each grandchild as follows:
(a) Distributions of Income and Principal
My Trustee shall distribute to the beneficiazy as much of the income and
principal of the beneficiary's trust as my Trustee determines is necessary
or advisable for the health, education, maintenance and support of the
beneficiary.
Any undistributed net income shall be accumulated and added to principal.
(b) Guidelines for Discretionary Distributions
In making discretionary distributions to the beneficiary, it is my desire to
provide for the well-being and happiness of the beneficiary. Although I
request that my Trustee consider the other known resources available to
the beneficiary before making distributions, I also request that my Trustee
be liberal in making any distributions to the beneficiary. Distributions for
the education of the beneficiary shall be considered a priorty. I
acknowledge that the principal of the trust established for the beneficiary
may be exhausted in making such distributions.
(c) Right to Withdraw Principal
When the beneficiary has reached any one or more of the following ages
or if the beneficiary has already attained one of the following ages upon
the. funding of the trust created for the beneficiary, the beneficiary may
withdraw from the beneficiary's trust, at any time or times, amounts not to
exceed in the aggregate:
Page 9
1/3 of the accumulated trust income and principal, after attaining
age 21 years;
Increased by 1/2 of the accumulated trust income and principal not
already subject to withdrawal (calculated by taking the total
accumulated trust income and principal and deducting any amount
already subject to withdrawal but not actually withdrawn), after
attaining age 25 years; and
All or any portion of the accumulated trust income and principal,
after attaining age 30 years.
These withdrawal rights are cumulative and the amount of each successi
withdrawal right shall be added to any then existing withdrawal right. The
amount of each withdrawal right shall be determined by applying the
applicable fraction to the trust's principal and accumulated income as of
the date the beneficiary first has the right to exercise the withdrawal right
The beneficiary may exercise this right at any time by delivering written
notice to my Trustee, setting forth the amount the beneficiary desires to
withdraw. Upon receiving a notice, my Trustee shall convey and deliver
to the beneficiary, free of trust, the amount requested in the notice. This
right of withdrawal is a privilege that may be exercised only by the
beneficiary and shall not be subject to the claims of any creditor or to le al
process and may not be voluntarily or involuntarily alienated or
encumbered.
(d) Distribution Upon the Death of the Beneficiary
If the beneficiary should die before the complete distribution of the
beneficiary's trust, my Trustee shall distribute the remaining trust propert
to my surviving grandchildren, pro rata. y
If I have no living grandchildren, my Trustee shall distribute the balance
of the trust property as provided in Article Six.
Article Six
Remote Contingent Distribution
.~
If, at any time, there is no person or entity qualified to receive final distribution
probate or trust estate or any part of it, then the portion of my probate or trust estate f my
respect to which the failure of qualified recipients has occurred shall be distributed onte-
half to those persons who would inherit it had I then died intestate ownin the ro
and one-half to those persons who would inherit it had m g p perty,
owning such property, all as determined and in the proportions provided bylthellawsate
the Commonwealth of Pennsylvania then in effect. of
Page 10
'~
Article Seven
Designation of Fiduciaries
Section 7.01 Executor
I name my wife, Susan H. Fulginiti, as my Executor. If Susan H. Fulginiti fails or ceases
to act as my Executor, I name the following, in the order named, as my Executor:
Stephen S. Fulginiti; then
S. Scott Fulginiti; and then
Dwight F. Horner
Section 7.02 Trustee
I appoint the following as Trustee of the trusts created under my Will:
(a) Trustee of the Family Trust
Upon creation of the Family Trust, the following, in the order named, shall
serve as Trustee thereof:
Susan H. Fulginiti; then
Stephen S. Fulginiti; and then
S. Scott Fulginiti
(b) Trustee of the Carolyn Nicole Lindgren Special Needs
Trust
Upon creation of the Carolyn Nicole Lindgren Special Needs Trust, the
following, in the order named, shall serve as Trustee thereof:
S. Scott Fulginiti; then
Stephen S. Fulginiti; and then
Rita Diane Salerno
(c) Trustee of the Grandchildren's Trust
Upon creation of the Grandchildren's Trust, the following, in the order
named, shall serve as Trustee thereof:
S. Scott Fulginiti; then
Stephen S. Fulginiti; and then
Carol L. Fulginiti
Page 11
• ,f
Section 8.05 Notice of Removal and Appointment
Notice of removal must be in writing and delivered to the Trustee being removed and t
any other Trustees then serving. The notice of removal will be effective in accordance
with its provisions.
Notice of appointment must be in writing and delivered to the successor T
other Trustees then serving. The appointment will become effective at the tianmeany
acceptance by the successor Trustee. of
Section 8.06 Appointment of a Cotrustee
Any individual Trustee may appoint an individual or a corporate fiduci
A Cotrustee so named will serve only as lon as the Trustee whoa ~ ~ a Cotrustee.
(or, if the Cotrustee was named by more than one Trustee acting togethera b ethe trustee
serve of those Trustees) serves, and that Cotrustee will not become a successor Tru tee
upon the death, resignation, or incapacity of the Trustee who appointed the Cotrustee
unless so appointed under the terms of my Will. The Trustee appointing a Cotrustee ma
revoke the appointment at any time with or without cause.
Y
Section 8.07 Corporate Fiduciaries
Any corporate fiduciary serving as a fiduciary under my Will must be a bank
company, or public charity that is qualified to act as a fiduci ~ trust
and state law and that is not related or subordinate to an benef Gunder applicable federal
of Section 672(c) of the Internal Revenue Code. y ~' within the meaning
Section 8.08 Incapacity of a Trustee
If any individual Trustee becomes incapacitated, it will not be necess for
incapacitated Trustee to resign as Trustee. A written declaration of Inca act b the
Cotrustee, if any, or, if none, by the art p Y Y the
Trustee, if made in good faith, will terminate the etrusteeshipto succeed the incapacitated
Section 8.09 Appointment of Independent Special Trustee
If for any reason the Trustee of any trust created under my Will is unwillin or un
act with respect to any trust property or an g able to
appoint, in writing, a corporate fiduci Y provision of my Wiil, the Trustee shall
Special Trustee as to such property or w th respect to such provision. ~e Independent
Special Trustee appointed may not be related or subordinate to any beneficndep o dent
trust within the meaning of Section 672(c) of the Internal Revenue Code. Th~ rt,istee
may revoke the appointment at will.
An Independent Special Trustee may exercise all fiduciar
unless expressly Iimited elsewhere in my Will or by the Trustee in~tthebinsntium ill
appointing the Independent Special Trustee. An Independent Special Trustee ma resent
at any time by delivering written notice of resignation to the Trustee. Notice of
resignation will be effective in accordance with the terms of the notice.
Page 13
~•
Section 8.10 Majority Action of Trustees '
If two Trustees are eligible to act with respect to a given matter, the concurrence of both
are required for action to be taken; if more than two Trustees aze eligible to act with
respect to a given matter, the concurrence of a majority of my Trustees aze required for
action to be taken.
A nonconcurring Trustee may dissent or abstain from a decision of the majority. A
Trustee is absolved from personal liability by registering its dissent or abstention in the
records of the trust. After doing so, the dissenting Trustee must then act with my other
Trustees in any way necessary or appropriate to effectuate the decision of the majorit .
Notwithstanding any provision of my Will to the contr Y
release, in whole or in part, by an instrument in writin ~' a Trustee may disclaim or
irrevocably or for an g~ Y Power it holds as Trustee,
make the relinquishme P of a power person 1 to thesT a may specify. The Trustee may
for all subsequent Trustees. rustee or may relinquish the power
Section 8.11 Disclaimer by Beneficiary Serving as Trustee
Notwithstanding any provision of my Will to the contrary, any beneficiary serving as a
Trustee may disclaim or release, in whole or in part, by an instrument in writin , an
power such beneficiary holds as Trustee, irrevocably or for such period of time as such
Trustee may specify, without affecting the continuance of the power in any other Trustee.
Section 8.12 Exoneration of My Trustee
My Trustee is not obligated to examine the accounts, records or actions of any revious
fiduciary. My Trustee is in no way or manner to be held responsible for an act
omission to act on the part of any previous fiduciary. Y or
Unless my Trustee has received notice of removal, my Trustee may not be held liable t
any beneficiary for the consequences of any action taken by my Trustee that would have
been, but for the prior removal of my Trustee, a proper exercise by my Trustee of the
authority granted to my Trustee under my Will.
My Trustee may request and obtain from the beneficiaries or from their le a
representatives, agreements in writing releasing my Trustee from any liability that may
have arisen from my Trustee's acts or omissions to act and indemnifying my Trustee
from liability for the acts or omissions. An agreement described in this paragra h if
acquired from all the living beneficiaries of my Will or from their legal representat ves
will be conclusive and binding upon ail parties, born or unborn, who may have, or ma in
the future acquire, an interest in my Will. y
My Trustee may require a refunding agreement before making any distribution or
allocation of the income or principal of a trust created under my Will and may withhold
distribution or allocation pending determination or release of a tax lien or other lien. This
refunding agreement provision will not apply to any distribution that qualifies for the
federal estate tax charitable deduction.
Page 14
. ! . ,
Section 8.13 Benefits payable to My Trustee
My Trustee may exercise any right to determine the manner and timing of a en
lump sum or otherwise) of any benefits or assets payable by reason of m de ~ t t (by
Trustee or to any trust created under my Will. This includes, but is not limited to o my
benefits under life insurance policies, employee benefit plans, retirement Tans ors such
contracts, plans or arrangements providin for a p other
My Trustee may not be held liable to any benef c nary rfor~the d a~ b t° such trust.
selected. nefit election
My Trustee is not obligated to undertake litigation for collection of any benefits o
payable to such trust unless it is indemnified to its satisfaction against any liabilitassets
expense of such litigation. y and
Persons or entities dealing in good faith with my Trustee aze not required to see t
proper application of proceeds delivered to my Trustee, or to in wire into an ° the
of my Will. Payment to my Trustee and the receipt of or release by my Trust a will f ion
dischazge the person or entity making such payment. ally
Notwithstanding anything in my Will to the contr
reason of my death to my Trustee or to any trust crew ed under my Will are sub ectble by
claims against my estate, nor aze such benefits to be subject to the control.of m JE ° the
nor be included in the property administered as a part of m Y xecutor
y probate estate.
Section 8.14 Certificate by Trustee
A written statement of the Trustee of any trust established under my Will at an ti
to any facts relative to the trust may always be relied upon and will always be conc usive
evidence in favor of any transfer agent and any other person dealing in good faith wi
the Trustee in reliance upon such statement. ~
Section 8.15 Funeral and Other Expenses of Beneficiary
Upon the death of an income beneficiary of a trust created under my Will m T
may pay the funeral expenses, burial or cremation expenses, enforceable debts and other
expenses incurred due to the death of the beneficiary from trust property. This Section
only applies to the extent the income beneficiary has not exercised any testame
power of appointment granted to him under my Will. nom'
My Trustee may rely upon any request by the personal representative or members of
family of the deceased beneficiary for payment without verifying the validit o the
amounts and without being required to see to the application of the amounts so paid r M e
Trustee may make decisions under this Section without regard to any limitatio Y
payment of expenses imposed by statute or rule of court and may be made without
obtaining. the approval of any court having jurisdiction over the administration o
deceased beneficiary's estate. f the
Section 8.16 Trust Accounting
Except to the extent required bylaw, my Trustee is not required to file accountin
jurisdiction. Upon the written request of an income beneficiary of a trust creates in any
d under
Page 15
i
my Will; my Trustee must render an accounting to the income '
during the accounting period that includes the date of the writtenreque Caries of that trust
The accounting must include the receipts, expenditures, and distributions from the tru
for which the accounting is prepazed occurring during the accountin st
return is prepared for a trust during a period for which a trust accountingiod~ de h
Trustee's accounting must include a copy of that tax return. If there is no tax return
prepared for the accounting period, the Trustee's accounting must include a balance sheet
itemizing the trust property and my Trustee's reasonable estimation of the value of th
assets held in the trust as of the date the accounting is completed. e
In the absence of fraud or manifest error, the assent by all income beneficiaries to
Trustee's accounting will make the matters disclosed in the accounting bindin and
conclusive upon all persons, including those living on the date of my Will and those to be
born in the future who have, or will in the future have, a vested or contingent interest
the trust property. In the case of an income benefici 'n
incapacitated, that beneficiary's natural ~' who is a minor or who is
assent required under this Section. ~azd'an or legal representative may give the
A beneficiary may object to an accounting rendered by my Trustee only if the benefici
gives written notice to my Trustee within 60 days after my Trustee renders tirye
accounting. Any beneficiary who does not submit a written objection to the accounting is
deemed to assent to the accounting.
My Trustee shall make the trust's financial records and documentation available t
beneficiaries at reasonable times and upon reasonable notice for inspection b o
beneficiaries. My Trustee is not required to furnish any information regazdin m ~ the
anyone other than a benefici g Y st to
Trustee determines is not directly applicable to the beneficiard r ~Y information that my
y ceivmg the information.
Section 8.17 Authority to Merge or Sever Trusts
My Trustee may merge and consolidate a trust created under my Will with an other
trust, if the two trusts contain substantially the same terms for the same beneficiaries and
at least one Trustee in common.
My Trustee may administer the merged and consolidated trust as a single trust or unit. If
however, a merger or consolidation does not appear feasible, my Trustee may consolidate
the assets of the trusts for
purposes of investment and trust administration while retaining
separate records and accounts for each respective trust.
My Trustee may sever any trust on a fractional basis into two or more separate an
identical trusts or may segregate a specific amount or asset from the trust pro ert bd
allocation to a separate account or trust. The separate trusts may be funded on a non ro
rata basis provided that funding is based on the total fair market value of the assets on the
date of funding. Income earned on a segregated amount or specific asset after the
segregation passes with the amount or asset segregated. My Trustee shall hold anal
administer each separate trust upon terms and conditions substantially identical to those
of the trust from which it was severed.
Page 16
• ~
Subject 'to the terms of the trust, my Trustee may consider diff `
attributes and other pertinent factors in administering the trust property of apes e~ tax
account or trust, in making applicable tax elections, and in making distrib tions~aA
separate trust created by severance must be treated as a separate trust for all purposes
from the date on which the severance is effective; however, the effective d
severance may be retroactive to a date before the date on which my Trustee exercisets the
power.
Section 8.18 Authority to Terminate Trusts
If, at any time, my Independent Trustee, in its sole and absolute discretion, determin
that a trust created under my Will is no longer economical or is otherwise inadvisable es
administer as a trust, or if my Independent Trustee deems it to be in the best interest to
my beneficiaries, my Independent Trustee, without further responsibility, may tennina~e
the trust and distribute the trust property, including any undistributed net income in th
following order of priority: e
To my wife, if then a beneficiary of the trust;
If my wife is not then a beneficiary of the trust, to the beneficiaries then
entitled to mandatory distributions of net' income of the trust and in the
same proportions; and
If none of the beneficiaries are entitled to mandatory distributions of net
income, to the beneficiaries then eligible to receive discretionary
distributions of net income of the trust, in such amounts and shazes as my
Independent Trustee may determine.
Section 8.19 Changing the Governing Law and Situs of Administration
My Trustee may, at any time, change the governing law of any trust created under m
Will, remove all or any part of the property or the situs of administration of the trust fro y
one jurisdiction to another, or both. My Trustee may elect, by filing an instrument with
the trust records, that the trust will thereafter be construed, regulated and governed as to
administration by the laws of the new jurisdiction. My Trustee may take action under
this Section for any purpose my Trustee deems appropriate, including the minimizatio
of any taxes in respect of the trust or any benefici n
without providing notice to any beneficiary. ~' of such trust, and may do so with or
If necessary, or if deemed advisable by my Trustee, my Trustee shall a oint
Independent Trustee to serve as trustee in the new situs. pp an
If necessazy, and if my Trustee does not appoint an Independent Trustee within 30 da s
of my Trustee's action to change the governing law or situs of the trust, the beneficiaries
entitled to receive distributions of net income under the trust may, by majority consent
appoint a corporate fiduciary in the new situs. If a benefici '
incapacitated, the parent or legal representative of the beneficiary may act onl behalf of
the beneficiary.
Page 17
' r
Section 8.20 Marital Deduction Qualification
s
I intend that the marital gift as described in Article Three of my Will quali for
federal estate tax marital deduction, and the provisions of my Will shall be construe the
reflect this intent. To the extent that giving effect to a provision of my Will would resuo
in the marital gift not qualifying for the federal estate tax unlimited marital deductiont
that provision is ineffective.
Article Nine
General Administrative Provisions
The provisions of this Article apply to my probate estate and to any trust created and
my Will. er
Section 9.01 No Bond
No Fiduciazy is required to furnish any bond for the faithful performance of th
Fiduciary's duties, unless required by a court of competent jurisdiction and onl if the
court finds that a bond is needed to protect the interests of the beneficiaries. No suret is
required on any bond required by any law or rule of court, unless the court specifies that a
surety is necessary.
Section 9.02 Fiduciary Compensation
An individual serving as my Fiduciary, other than my wife, is entitled to fair
reasonable compensation for the services rendered as a fiduci and
is to be compensated by agreement with an individual Fiduci ~ A corporate Fiduciary
individual Fiduciary or in the absence of an agreement, in acc dance with the coe of an
Fiduciary's published schedule of fees in effect at the time the services aze rendered. orate
My Fiduciary may charge additional fees for services it provides that are not com ris
within its duties as my Fiduciary such as fees for legal services, tax return P ed
and corporate finance or investment banking services. Preparation
In addition to receiving compensation, my Fiduci
costs and expenses incurred in carrying out its duties under my Wimbursed for reasonable
Section 9.03 Employment of Professionals
My Fiduciary may appoint, employ and remove, at any time and from time to ti
investment advisors, accountants, auditors, depositories, custodians, brokers, consul me,
attorneys, expert advisers, agents, and employees to advise or assist the Fiduciary in~the
performance of its duties. My Fiduciary may act upon the recommendations of the
persons or entities employed with or without independent investigation.
My Fiduciary may reasonably compensate an individual or entity employed to assist
advise my Fiduciary regardless of whether the person or entity is a fiduciar under or
Will or a corporate affiliate of a fiduciary and regardless of whether the entit is on my
Y e in
Page 18
which al fiduciaz is a
Y partner, member, stockholder, officer, director or corporate affiliate
or has any other interest.
My Fiduciary may pay the usual compensation for services contracted for and
Section out of principal or income of the trust as my Fiduciary may deem advisabler this
Fiduciary may pay compensation to an individual or entity employed to assist or a MY
my Fiduciary without diminution of or charging the same against the compensation it e
which the fiduciary is entitled under my Will. An fiduci o
stockholder, officer, director or corporate affiliate in any entit employedsto ass st er,
advise my Fiduciary may nonetheless receive the fiduci or
paid to the entity. ary s shaze of the compensation
Section 9.04 Exercise of Testaments Power of A
~ ppointment
A testamentary power of appointment granted under my Will may be exercised b a vat'
will or revocable Iiving trust that specifically refers to the power of appointment. id
holder of a testamentary power of appointment may exercise the power to a The
ppoint
property among the permissible appointees in equal or unequal proportions, and on such
terms and conditions, whether outright or in trust, as the holder of the power desi at
The holder of a testamentary power of appointment ma ~ es.
appointment to any person to whom principal may be appointedaninc uding a orese °f
exercisable limited or general power of appointment. P ntly
My Trustee may conclusively presume that an
beneficiary of a trust created under my Will has not been exeresed by the benefic'o any
my Trustee has no knowledge of the existence of a valid will or revocable livin ia~ y if
exercising the power within 3 months after the beneficiary's death. g rust
Section 9.05 Determination of Principal and Income
The Pennsylvania Principal and Income Act will govern beneficiaries' ri hts am
themselves in matters concerning principal and income. If the Pennsylvania Princi al ong
Income Act contains no provision concernin a p and
determine in a fair, equitable and practical manner wahatuwill bencred ed lah ~ shall
apportioned between principal and income. ged~ and
Notwithstanding any provision of the Pennsylvania Principal and Income Ac
Pennsylvania law to the contrary, my Trustee shall treat distributions to an t or
established under my Will from any qualified retirement accounts in an Y trust
income to the extent the distribution represents income generated or treated ase enear as
by any qualified retirement account for that yeaz. g erated
In addition, my Trustee shall treat annuit
established under my Will in any given year as ncomeeto the extentnth to anY trust
represents income generated and treated as generated b an a distribution
that year; if income information is not available, then my Trust edshall a pe onion t or
annuity and other periodic payments between principal and income in a fairp, a uitable
and practical manner in accordance with the guidelines set forth in this Secti
"Annuity and other periodic payments" refers to distributions made to my Trustee o~,. on.
fixed number of years or during the life of one or more individuals because of se er a
rvices
Page 19
rendered or property transferred to the payor in exchan a for y
includes payments made in money or property from the payor's general a set or fr and
sepazate fund created by the payor, includin a om a
individual retirement annuity, a pension g Private or commercial annuity, an
ownership plan or similaz arrangement. 'Profit-sharing plan, stock-bonus plan, stock
1. To the extent an annuity or other periodic payment is characterized as
interest, dividend or other item of income or an annuity or other periodic
payment is made in lieu of interest, dividend or other item of income; my
Trustee shall allocate the payment to income. My Trustee shall allocate to
principal the balance of the annuity or other periodic payment as well as
any other payment received in the same accountin
characterized as interest, dividend or other item of incomeeriod that is not
2. To the extent annuity and other periodic a
part of the a p yrnents are made and no
p yments are characterized as interest, dividend or other item
of income, my Trustee shall use the present value of the annuity and other
periodic payments as finally determined for federal estate tax
the Section 7520 rate of the Internal Revenue Code used to deteprmine the
value for federal estate tax
allocate the a Pm'poses to prepare an annuitization table to
p Yrnents between income and principal.
3. In the event that the amount of annuity and other periodic payments
change because of changes in the investment markets or other changes, my
Trustee shall allocate the change in the amount of the payments between
income and principal in a fair, equitable and practical manner.
If, to obtain an estate tax marital deduction for a trust established under m Will
Trustee must allocate more of a payment to income than provided for by this section my
Trustee shall allocate to income the additional amount necessary to obtain the maziny
deduction. tal
Section 9.06 Spendthrift Trust Provision
This will, and all Trusts created hereunder, are intended to qualify as Spendthrift Tru
In addition, all interests in this will, or in any Trust hereunder, are intended for sts.
personal protection and welfare of Grantor's named beneficiaries, and no benefici the
shall be allowed to voluntarily or involuntaril assi ~'
the income or principal of this will or any Trust hereunder, and no benefici he'slcreciitt in
nor a spouse or former spouse of any beneficiary, shall be allowed to attach or otherwise
reach any such interest before actual payment to the beneficiazy.
If any beneficiary shall become the subject of a judgment or court order, then durin
period in which such judgment or court order remains in effect, such beneficiaz gh e
only be permitted to receive distributions from any Trust created for the benefit of suc 1
beneficiary at the discretion of the Trustees. This limitation as to the ri ht of h
beneficiary to receive a distribution shall apply notwithstandin an g a
trust for such beneficiary which authorize distributions for the healthreducation,isuln o e
or maintenance of such beneficiary. In addition, if any beneficiary shall becomePh
subject of a judgment or court order, and such beneficiary is only entitled to discretio e
nary
Page 20
distributions from a Trust created for their benefit, it shall not be an abuse of discretion
by the Trustees to withhold distributions to such beneficiary while such judgment or
court order is in effect.
If the Trustees determine that a beneficiary would not benefit as greatly from any outri t
distribution of Trust income or principal because of the availability of the distributiongto
the beneficiary's creditors, the Trustees shall instead expend those amounts for the
benefit of the beneficiary. This direction is intended to enable the Trustees to ive the
beneficiary the maximum possible benefit and enjoyment of all of the Trust income and
principal to which the beneficiary is entitled.
Nothing contained in this Section shall restrict in any way the exercise of any power of
appointment granted in this agreement.
Section 9.07 Distributions to Incapacitated Persons and Persons Under
Thirty Years of Age .
If my Fiduciary is directed to distribute any shaze of my probate estate or trust rinci
to a beneficiary, other than my wife, who is under the age of 30 years or is in the opinion
of my Fiduciary, under any form of incapacity that renders the beneficiazy unable t
administer distributions properly when the distribution is to be made, and if no other trust
is then to be held under my Will for the benefici
as Trustee, in my Fiduciary's discretion, continue' to hold the benefici Fiduciary may
sepazate trust until the benefici azY's shaze as a
When the benefici ~'Y reaches the age of 30 or overcomes the incapacity.
ary reaches the age of 30 or overcomes the incapacity, my Fiduciary
shall distribute the beneficiary's trust to him or her, outright free of trust.
While any trust is being held under this Section, my Trustee shall pay to the beneficiar
for whom the trust is held such amounts of the net income and principal as the fiduci Y
determines to be necessar or advisable for the benefici ~
maintenance and su Y ary's health, education,
PPort.
Upon the death of the beneficiary, my Trustee shall distribute any remaining pro ert in
the trust, including any accrued and undistributed income, to the benefici p Y
descendants, per stirpes, or, if none, to my then living descendants.~If Ilhave ing
surviving descendants; the property is to be distributed under the provisions of Article Six
entitled "Remote Contingent Distribution."
The provisions of this Section do not apply to distributions to my wife from an trus
established under my Will. y t
Section 9.08 Representative of a Beneficiary
The guardian of the person of a benefici
under my Will or may receive information o behalf of such benefi iary~. for all purposes
Section 9.09 Distributions to Beneficiaries
Whenever my Will authorizes or directs my Fiduciary to make a distribution of net
income or principal to a benef ciaz
beneficiar an p Y Y~ my Fiduciary may apply for the benefit of the
Y y pro ert that otherwise could be distributed directly to the beneficiarv.
Page 21
Iviy Fidttciazy does not have a responsibility to inquire into the benefit'
disposition of the distributed property unless specifically directed otherwise by'm ulW ate
My Fiduciary may make distributions in cash or in kind, or partly in each, my royortill.
and at values determined by my Fiduciary. M Fiduci P P ions
interests in specific assets to a beneficiaz or trust in an ~ may allocate undivided
Fiduciary determines, even though the property allocated rto one beneficiazer that my
different from that allocated to another beneficiary. Y may be
My Fiduciary may make these determinations without regard to the income tax attributes
of the property and without the consent of any beneficiazy.
Section 9.10 Ancillary Administration
In the event ancillary administration is required or desired and my domiciliaz Execu
is unable or unwilling to act as an ancillary fiduciary, my domiciliary Executor will hav r
the power to designate, compensate, and remove the ancillary fiduciary. The ancill e
fiduciary may be either a natural person or a corporation. My domiciliary Executor m
delegate to such ancillary fiduciary such powers granted to my original Executor as mY
Executor may deem proper, including the right to serve without bond or surety on bon Y
The net proceeds of the ancillary estate are to be paid over to the domiciliary Executor. d
Section 9.11 Delegation of Authority; Power of Attorney
Any Fiduciary may, by an instrument in writing, delegate to any other Fiduciary the ri
to exercise any power, including a discretion i~t
During the time a delegation under this Sectionpisvin effe ttethe F ducuai. of who Will.
delegation was made may exercise the power to the same extent as if the dele ati he
Fiduciary had personally joined in the exercise of the power. The delegatin Fiduci ng
may revoke the delegation at any time by giving written notice to the Fiduci g ~
the power was delegated. ary to whom
The Fiduciary may execute and deliver a revocable or irrevocable power of attorn
appointing any individual or corporation to transact any and all business on behalf of the
trust. The power of attorney may grant to the attorne -in-fact all of the ri hts
and discretion that the Fiduci Y g ,powers,
ary could have exercised.
Section 9.12 Merger of Corporate Fiduciary
If any corporate fiduciary acting as my Fiduciary under my Will is merged with
transfers substantially all of its trust assets to another corporation or if a co orate
fiduciazy changes its name, the successor shall automatically succeed to the osition
my Fiduciazy as if originally named my Fiduciary. No document of acceptance of the
position of my Fiduciary shall be required.
Page 22
• ~
Article Ten
Powers of My Fiduciaries
Section 10.01 General Grant of Powers
My Fiduciary may perform every act reasonably necessary to administer my estate and
any trust. My Fiduciary may execute and deliver any and all instruments in writing,
which my Fiduciary considers necessary to carry out any of the powers granted under m
Will. y
Section 10.02 Investment Powers in General
My Fiduciary may invest in any type of investment that my Fiduciary determines is
consistent with the investment goals of my estate or any trust, whether inside or outside
the geographic borders of the United States of America and its possessions or territories,
taking into account the trust's overall investment portfolio.
Without limiting my Fiduciary's investment authority in any way, I request that m
Fiduciary exercise reasonable care and skill in selecting and retaining investments. I also
request that my Fiduciary take into account the following factors in choosing investments
for my estate or any trust:
The potential return from the investment, both in the form of income and
appreciation;
The potential income tax consequences of the investment;
The investment's potential for volatility; and
The role the investment will play in my estate or the trust's portfolio.
I request that my Trustee, in arranging the investment portfolio of any trust, also consider
the possible effects of inflation or deflation, changes in global and U.S. economic
conditions, transaction expenses, and the trust's need for liquidity.
My Fiduciary may delegate its discretion to manage investments to any registered
investment adviser or corporate fiduciary.
Section 10.03 Banking Powers
My Fiduciary may establish bank accounts of any type in one or more bankin
institutions that my Fiduciary may choose. My Fiduciary may open accounts in the name
of my Fiduciary (with or without disclosing fiduciazy capacity) or in the name of :m
estate or the trust. When an account is in the name of my estate or the trust, checks on
that account and authorized signatures need not disclose the fiduciary nature of the
account or refer to my estate, any trust or Fiduciazy.
An account from which my Fiduciary makes frequent disbursements need not be an
interest bearing account. My Fiduciary may authorize withdrawals from an account b
check, draft or other instrument or in any other manner. y
Page 23
• r
Section 10.04 Contract Powers •
My Fiduciary may sell at public or private sale, transfer, exchange for other property, quid
otherwise dispose any property contained in m
consideration and upon terms and conditions that my F duciary deems advisab~st for
Fiduciary may grant options of any duration for any such sales, exchanges, or transfers of
trust property.
My Fiduciary may enter into contracts, and may deliver deeds or other instruments, as m
Fiduciary deems appropriate. y
Section 10.05 Common Investments
For purposes of convenience with regard to the administration and investment of an
trust, my Trustee may invest part or all of the property jointly with trust property of other
trusts for which my Trustee is also serving as a Trustee. For this purpose, a corporate
fduciazy acting as my Trustee may use common funds for investment.
When trust property is managed and invested in this manner, my Trustee shall maintain
records that sufficiently identify that portion of the jointly invested assets that constitute
the property of the trust.
Section 10.06 Environmental Powers
My Fiduciary may inspect property held directly or indirectly by my probate estate or an
trust to determine compliance with or to respond to any environmental law affecting the
property. "Environmental law" means any federal, state, or local law, rule, regulation, or
ordinance relating to protection of the environment or of human health.
My Fiduciary may refuse to accept additional property if my Fiduciary determines that
the property is or may be contaminated by any hazardous substance or is or was used for
any purpose involving hazardous substances that could create liability to my estate, any
trust or to my Fiduciary.
My Fiduciary may use the income and principal of m
conduct environmental assessments, audits or site monitorinrobaie ~esket~ medial action (1)
contain, clean up or remove any hazardous substance incgluding a spill, dischaz a to
contamination; (iii) institute, contest or settle le al g or
litigant or any local, state, or federal agency concernedrw~thdengironmenhal byora pnanvCee
(iv) comply with any order issued by any court orb P '
directing an assessment, abatement or clean-up of anyyhoazardous substance and nv
employ agents, consultants and legal counsel to assist my Fiduciary in these actions. ( )
My Fiduciary may not be held liable for any loss or reduction in value sustained b m
probate estate or a trust as a result of my Fiduciary's retention of property on which
hazardous materials or substances requiring remedial action are discovered unless m
Fiduciary contributed to the resulting loss or reduction in value through willful
misconduct or gross negligence.
Page 24
My Fiduciary may not be held liable to any benefici `
decrease in the value of probate or trust property as a resu t of m F duciler party for any
with any environmental law, including any reporting requirement. ary's compliance
My Fiduciary may release, relinquish or disclaim an
my Fiduciary determines may cause my Fiduci y power held by my Fiduciary that
environmental law. ~'Y to incur individual liability under any
Section 10.07 Litigation and Settlement Powers
My Fiduciary, in its discretion and at the expense of m
institute, join, compromise, settle dismiss and defend any probate orttrust p o ert inmay
judicial or administrative proceeding. This includes specifically, but noP li iteda to
proceedings or class actions brought against any public entity or government agency or
brought by any such entity for attachment, recoupment, levy, invasion, reformation o
access of any kind to property of my probate estate or a trust. M Fiduci ~ r
such legal counsel and ancillary personnel, as my Fiduciary deems appropriate in tthe
exercise of its discretion.
Section 10.08 Loans and Borrowing Powers
My Fiduciary may make secured or unsecured loans to an
beneficiar y, y person (including a
y), entit trust or estate, for any term or payable on demand, with or without
interest. My Fiduciary may enter into or modify the terms of any mortgage or securit
agreement granted in connection with any loan and may release or foreclose on the
mortgage or security.
My Fiduciary may borrow money at interest rates and on other terms that it deems
advisable from any person, institution or other source including, in the case of a co orate
fiduciary, its own banking or commercial lending department. ~
My Fiduciary may encumber estate and trust property by mortgages, pledges and other
hypothecation and shall have the power to enter into any mortgage, whether as
mortgagee or mortgagor even though the term may extend beyond the termination of the
trust and beyond the period that is required for an interest created under my Will to vest
in order to be valid under the rule against perpetuities.
My Fiduciary may purchase, sell at public or private sale, trade, renew, modif and
extend mortgages. My Fiduciary may accept deeds in lieu of foreclosure. y~
Section 10.09 Nominee Powers
My Fiduciary may hold real estate, securities and any other estate or trust property in the
name of a nominee or in any other form without disclosing the existence of my estate, the
trust or fiduciary capacity.
Section 10.10 Payment of Taxes and Expenses
Except as otherwise provided in my Will, my Fiduciary may pa all
assessments, fees, charges, and other expenses incurred in the admins tr tionx osr
protection of my estate or any trust. All payments will be a charge against estate or the
Page 25
trust, as'the case may be, and are to be paid out of income and to the extent that income is
insufficient, then out of principal. The determination of my Fiduciary with respect to the
payment of expenses will be conclusive upon the beneficiazies.
Section 10.11 Real Estate Powers
My Fiduciazy may sell at public or private sale, purchase, exchange, lease for any period
mortgage, manage, alter, improve and in general deal in and with real property in such
manner and on such terms and conditions as my Fiduciary deems appropriate.
My Fiduciary may grant or release easements in or over, subdivide, partition, develo
raze improvements, and abandon, any real property, p'
My Fiduciary may manage real estate in any manner that my Fiduciary deems best and
shall have all other real estate powers necessary for this purpose.
My Fiduciary may enter into contracts to sell real estate. My Fiduciary may enter into
leases and grant options to lease trust property even though the term of the agreement
extends beyond the termination of a trust and beyond the period that is required for an
interest created under my Will to vest in order to be valid under the rule against
perpetuities. For such purposes, my Fiduciary may enter into any contracts, covenants
and warranty agreements that my Fiduciary deems appropriate.
Section 10.12 Retention and Abandonment of Trust Property
My Fiduciary may retain, vv~thout liability for depreciation or loss resultin from
retention, any property contained in my estate or any trust at the time of its creation or as
the result of the exercise of a stock option. My Fiduci
notwithstanding the fact that the property may not be of the cl ~ cter p scribedrby awe
for the investment of assets held by a fiduci
retention may result in inadequate diversification under any applicable Prudent Inv that
Act or other applicable law. estor
My Fiduciary may hold property that is non-income producing or is otherwise
nonproductive if holding the property is, in the sole and absolute discretion of my
Fiduciary, in the best interests of the beneficiaries. My Fiduciary may retain a reasonable
amount in cash or money market accounts in order to pay anticipated expenses and other
costs and to provide for anticipated distributions to or for the benefit of a beneficiary.
My Fiduciary may abandon any trust property that my Fiduciary deems to be of
insignificant value.
Section 10.13 Securities, Brokerage and Margin Powers
My Fiduciary may buy, sell, trade and otherwise deal in stocks, bonds, investment
companies, mutual funds, common trust funds, commodities, options and other securities
of any kind and in any amount, including short sales. My Fiduci
purchase call or put options, and other derivative securities. My Fiduc~ry may maintain
margin accounts with brokerage firms and may pledge securities to secure loans and
advances made to my Fiduciary or to or for the benefit of a beneficiary.
Page 26
My Fid'uciazy may place all or any part of the securities held by my estate or a trust in the
custody of a bank or trust company. My Fiduciary may have all securities registered in
the name of the bank or trust company or in the name of its nominee. My Fiduciary ma
appoint the bank or trust company as the agent or attorney in fact to collect, receive,
receipt for and disburse any income and generally to perform the duties and services
incident to a custodian of accounts.
My Fiduciazy may employ abroker-dealer as a custodian for securities held by my estate
or the trust and may register the securities in the name of the broker-dealer or in the name
of a nominee with or without the addition of words indicating that the securities are held
in a fiduciary capacity. My Fiduciary may hold securities in bearer or uncertificated form
and may use a central depository, clearing agency or book-entry system, such as The
Depository Trust Company, Euroclear or the Federal Reserve Bank of New York.
My Fiduciary may participate in any reorganization, recapitalization, merger or similar
transaction. My Fiduciary may exercise or sell conversion or subscription rights for
securities of ail kinds and description.
My Fiduciary may give proxies or powers of attorney that may be discretionazy and with
or without powers of substitution. My Fiduciary may vote or refrain from voting as to
any matter.
Section 10.14 Tangible Personal Property and Residences
My Fiduciary may acquire, maintain and invest in articles of tangible personal ro ert
whether or not the property is income producing, and may pay the expenses of th p y~
and maintenance of the property. a repair
My Fiduciazy does not have a duty to convert the property referred to in this Section to
productive property except as required by other provisions of my Will.
My Fiduciary may not be held liable for any depreciation or loss as a result of the
retention of any property retained or acquired under the authority of this Section.
My Trustee may acquire, maintain and invest in any residence for the use
the beneficiaries of the trust, whether or not the residence is income producinefand
without regard to the proportion that the value of the residence may bear to the totalg alue
of the trust property and even if retaining the residence involves financial risks that
trustees would not ordinarily incur. My Trustee may pay or make arrangements for
others to pay all carrying costs of the residence, including, but not limited to, taxes
assessments, insurance, expenses of maintaining the residence in suitable repair, and
other expenses relating to the operation of the residence for the benefit of the
beneficiaries.
My Trustee may permit any income beneficiary of the trust to occupy any real pro ert
or use any personal property owned by the trust on terms or arrangements that my
Trustee may determine, including rent free or in consideration for the payment of taxes
insurance, maintenance, repairs, or other charges.
Page 27
Section 10.15 Fiduciaries' Powers Act "
In addition to all of the above powers, my Fiduciaries may, without prior authority from
any court, exercise all powers conferred by my Will or by common law or by any
fiduciary powers act or other statute of the Commonwealth of Pennsylvania or any other
jurisdiction whose law applies to my Will. My Executor has absolute discretion in
exercising these powers. Except as specifically limited by my Will, these powers extend
to all property held by my fiduciaries until the actual distribution of the property.
Section 10.16 Alternative Distribution Methods
My Fiduciary may make any payment provided for under my Will or under the terms of
any trust established under my Will as follows:
Directly to the beneficiary;
In any form allowed by applicable state law for gifts or transfers to minors
or persons under a disability;
To the beneficiary's guardian, conservator, agent under a durable power of
attorney or caregiver for the benefit of the beneficiary; or
By direct payment of the beneficiary's expenses, made in a manner
consistent with the proper exercise of the fiduciary's duties hereunder. A
receipt by the recipient for any such distribution fully dischazges my
Fiduciary.
Section 10.17 Limitation on My Trustee's Powers
All powers granted to my Trustee under my Will or by applicable law aze limited as set
forth in this Section, unless explicitly excepted by reference to this Section.
An Interested Trustee may not exercise or participate in the exercise of discretion with
respect to the distribution of income or principal, or the termination of the trust to or for
the benefit of a beneficiary, to the extent that the exercise of such discretion is other than
for the health, education, maintenance or support of a beneficiazy as described under
Sections 2041 and 2514 of the Internal Revenue Code.
Article Eleven
Provisions for Payment of Debts, Expenses and T
axes
Section 11.01 Payment of Debts and Expenses
I direct that all my legally enforceable debts, secured and unsecured, be paid as soon as
practicable after my death.
Section 11.02 No Apportionment
Except as otherwise provided in this Article or else~~here in my will, my Executor shall
provide for payment of all estate, inheritance and succession taxes payable by reason of
Page 28
my death ("death taxes") from my residuary estate as an administrative expense withou
apportionment and will not seek contribution toward or recovery of any death tax
payments from any individual.
Section 11.03 Protection of the Marital Deduction
Death taxes may not be paid from or allocated to an
estate tax marital deduction under my Will unless thereris no otherll rung for the federal
pay the taxes. P P rtY available to
My Executor may not pay any administrative expenses from the net income of an
property qualifying for the federal estate tax marital deduction under my Will if the
payment would require a reduction in the estate tax marital deduction under Section
2056(b) of the Internal Revenue Code.
Section 11.04 Property Passing Outside of My Will
Except as to Qualified Retirement Benefits, death taxes imposed with respect to pro ert
included in my gross estate for purposes of computing the tax and passing other than by
my Will are to be apportioned among the persons and entities benefited in the proportion
that the taxable value of the property or interest beazs to the total taxable value of the
property and interests received by all persons benefited. The values to be used for the
apportionment are the values as finally determined under federal, state, or local law as the
case may be.
Section 11.05 Tax Elections
In exercising any permitted elections regarding taxes, my fiduciaries may make an
decisions that they deem to be appropriate in any circumstances, and my fiduciaries are
not required to make any compensatory adjustment as a consequence of any election. M
Executor may also execute joint tax returns and pay taxes or interest and deal with any
tax refunds, interest, or credits as my Executor deems to be necess y
whether in the interest of the other joint tax payer or in the interest of my a tate,advisable,
My Executor, in its sole and absolute discretion, may elect to have ail, none, or art of the
property comprising my estate far federal estate tax P
tax mazital deduction as qualified terminable interes property underf Sec ion 2056 B ~7e
of the Internal Revenue Code (the "QTIP election") and for any state death tax marital
deduction under the law of any state (the "state QTIP Election"). My Executor is not
required to make the same election for both federal estate tax purposes and for state death
tax purposes. If my Executor makes a partial QTIP election, my Executor shall divide
the trust on the basis of the fair market value of the assets of the trust at the time of the
division.
My Executor, in his or her sole and absolute discretion, may make any adjustments to the
basis of my assets authorized by law, including but not limited to increasing the basis of
any property included in my gross estate, whether or not passing under my Will, by
allocating any amount by which the basis of my assets may be increased. My Executor is
not required to allocate basis increase exclusivel
under my Will as opposed to other property includ~ednn mly °r at all to assets passing
y gross estate. My Executor
Page 29
~ 7
may elect, in his or her sole and absolute discretion, to allocate basis increase to one or
more assets that my Executor receives or in which my Executor has a personal interest, to
the partial or total exclusion of other assets with respect to which such allocation could be
made. My Executor may not be held liable to any person for the exercise of his or her
discretion under this Section.
Article Twelve
Definitions and General Provisions
Section 12.01 Definitions
For purposes of my Will and for the purposes of any trust established under my Will, the
following definitions apply:
(a) Adopted and Afterborn Persons
A legally adopted person in any generation and his or her descendants,
including adopted descendants, will have the same rights and will be
treated in the same manner under my Will as natural children of the
adopting parent, provided the person is legally adopted before attaining
the age of 18 yeazs. A person will be deemed to be legally adopted if the
adoption was legal in the jurisdiction in which it occurred at the time that
it occurred.
(b) Descendants
The term "descendants" means any one or more person who follows in
direct descent (as opposed to collateral descent) from a person, such as a
person's children, grandchildren, or other descended individuals of any
generation.
(c) Education
The term "education" is intended to be an ascertainable standard in
accordance with Section 2041 and Section 2514 of the Internal Revenue
Code. The definition includes, but is not limited to:
Enrollment at private elementary, junior, and senior high
school, including boarding school;
Undergraduate and graduate study in any field at a college
or university;
Specialized, vocational, or professional training or
instruction at any institution, including private instruction;
and
Any other curriculum or activity that my Trustee deems to
be useful for developing the abilities and interests of a
Page 30
beneficiar g
y includin ,without limitation, athletic training,
musical instruction, theatrical training, the arts, and travel.
The term "education" also includes distributions made by my Trustee for
expenses such as tuition, room and board, fees, books and supplies,
tutoring and transportation, and a reasonable allowance for living
expenses.
(d) Fiduciary
"Fiduciary" or "Fiduciaries" refer to my Executor and my Trustee, or if
they are different persons, either of them. My "Executor" includes any
executor, ancillazy executor, administrator, or ancillary administrator,
whether local or foreign, and whether of all or part of my estate, multiple
Executors, and their successors.
(e) Incapacity
Except as otherwise provided in my Will, a person is deemed to be
incapacitated in any of the following circumstances.
(7) The Opinion of Two Licensed Physicians
An individual is deemed to be incapacitated whenever, in
the opinion of two licensed physicians, the individual is
unable to effectively manage his or her property or
financial affairs, whether as a result of age, illness, use of
prescription medications, drugs or other substances, or any
other cause.
An individual is deemed to be restored to capacity
whenever the individual's personal or attending physician
provides a written opinion that the individual is able to
effectively manage his or her property and financial affairs.
(2) Court Determination
An individual is deemed to be incapacitated if a court of
.competent jurisdiction has declared the individual to be
disabled, incompetent or legally incapacitated.
(3) Detention, Disappearance or Absence
An individual is deemed to be incapacitated whenever he or
she cannot effectively manage his or her property or
financial affairs due to the individual's unexplained
disappeazance or absence for more than 30 days, or
whenever he or she is detained under duress.
An individual's disappearance, absence or detention under
duress may be established by an affidavit of any fiduciary.
The affidavit must describe the circumstances of an
indi~~idual's detention under duress, disappearance, or
Page 31
absence and may be relied upon by any third party dealing
in good faith with my fiduciary in reliance upon the
affidavit.
An individual's disappearance, absence, or detention under
duress may be established by an affidavit of my Executor.
(fl Income Beneficiary
The term "income beneficiary" means any beneficiary who is then entitled
to receive distributions of the net income of the trust, whether mandatory
or discretionary.
Unless otherwise provided in my Will, the phrase "majority of the income
beneficiaries" means any combination of income beneficiaries who, if all
accrued net income were distributed on the day of a vote by the
beneficiaries, would receive more than 50% of the accrued net income.
For purposes of this calculation, beneficiaries who are eligible to receive
discretionary distributions of net income shall be deemed to receive the
income in equal shares.
References to a "majority" refer to a majority of the entire trust
collectively until my Trustee allocates property to separate trusts or trust
shares. After the allocation of property to separate trusts or trust shares,
references to a "majority" refer to a majority of each separate trust or trust
share.
(g) Independent Trustee
The term "Independent Trustee" means any Trustee who is not an
Interested Trustee as defined in subsection (h) and includes an
Independent Special Trustee appointed under the provisions of Section
8.09. Whenever a power or discretion is granted exclusively to my
Independent Trustee then any Interested Trustee who is then serving as my
Trustee is prohibited from participating in the exercise of the power or
discretion. If there is no Independent Trustee serving, then an
Independent Special Trustee may be appointed under the provisions of
Section 8.09 to exercise the power or discretion that is exercisable only by
my Independent Trustee.
(h) Interested Trustee
The term "Interested Trustee" means a Trustee who (1) is a transferor or
beneficiary; (2) is related or subordinate to a transferor or beneficiary; (3)
can be removed and replaced by a transferor with either the transferor or a
party who is related or subordinate to the transferor; or (4) can be removed
and replaced by a beneficiary with either the beneficiary or a party who is
related or subordinate to the beneficiary.
For purposes of this subsection, (1) "transferor" means a person who
transferred property to the trust, including a person whose disclaimer
resulted in property passing to the trust; (2) "beneficiary" means a person
Page 32
who is or in the future may be eligible to receive income or principal from ~
the trust pursuant to the terms of the trust, even if such person has only a
remote contingent remainder interest in the trust, but not if the person's
only interest is as a potential appointee under a power of appointment; and
(3) "related or subordinate" means related or subordinate within the
meaning of Section 672(c) of the Internal Revenue Code.
Whenever this agreement specifically prohibits an Interested Trustee from
exercising discretion or performing an act or specifically limits discretion
or the performance of an act to an Independent Trustee, then any
Interested Trustee serving as my Trustee is prohibited from participating
in the exercise of that discretion or performance of that act. If there is no
Trustee serving that is not an Interested Trustee, then an Independent
Special Trustee may be appointed under the provisions of Section 8.09 to
exercise the discretion or perform the act.
(i) Internal Revenue Code
References to the "Internal Revenue Code" or to its provisions are to the
Internal Revenue Code of 1986, as amended from time to time, and the
corresponding Treasury Regulations, if any. References to the "Treasury
Regulations," are to the Treasury Regulations under the Internal Revenue
Code in effect from time to time. If a particular provision of the Internal
Revenue Code is renumbered, or the Internal Revenue Code is superseded
by a subsequent federal tax law, any reference will be deemed to be made
to the renumbered provision or to the corresponding provision of the
subsequent law, unless to do so would clearly be contrary to my intent as
expressed in my Will. The same rule applies to references to the Treasury
Regulations.
Q) Legal Representative
As used in my Will, the term "legal representative" means a person's
guardian, conservator, personal representative, executor, administrator,
Trustee, or any other person or entity personally representing a person or
the person's estate.
(k) Per Stirpes
Whenever a distribution is to be made to a person's descendants per
stirpes, the distribution will be divided into as many equal shares as there
are then-living children of that person and deceased children of that person
who left then-living descendants. Each then-living child will receive one
shaze and the share of each deceased child will be divided among the
deceased child's then-living descendants in the same manner.
(I) Primary Beneficiary
The primary beneficiary of a trust created under this agreement is the
oldest income beneficiary of that trust unless some other individual is
specifically designated as the primary beneficiary of that separate trust.
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(m) Qualified Retirement Plan
. ~
~ ~
The term "qualified retirement plan" means a plan qualified under Section
401 of the Internal Revenue Code, an individual retirement arrangement
under Section 408 or Section 408A or atax-sheltered annuity under
Section 403. The term "qualified retirement benefits" means the amounts
held in or distributed pursuant to a plan qualified under Section 401, an
individual retirement arrangement under Section 408 or Section 408A, a
tax-sheltered annuity under Section 403 or any other benefit subject to the
distribution rules of Section 401(a)(9).
(n) Sha11 and May
Unless otherwise specifically provided in my Will or by the context in
which used, I use the word "shall" in my Will to command, direct or
require, and the word "may" to allow or permit, but not require. In the
context of my Trustee, when I use the word "may" I intend that my
Trustee may act in its sole and absolute discretion unless otherwise stated
in my Will.
(o) Trust
The term "trust," refers to any trusts created under the terms of my Will.
(p) Trustee
The term "my Trustee" refers to any person or entity that is from time to
time acting as the Trustee and includes each Trustee individually, multiple
Trustees, and their successors.
(q) Trust Property
The term "trust property" means all property held by a Trustee under my
Will, including all property that my Trustee may acquire from any source.
(r) Other Definitions
Except as otherwise provided in my Will, terms shall be as defined in
Pennsylvania Probate, Estates & Fiduciaries Code as amended after the
date of my Will and after my death.
Section 12.02 Contest Provision
If any person directly or indirectly attempts to contest or oppose the validity of my Will,
(including any codicil to my Will), or commences, continues or prosecutes any legal
proceedings to set my Will aside, then that person will forfeit his or her share, cease to
have any right or interest in my estate, and will, for purposes of my Will, be deemed to
have predeceased me.
Section 12.03 Survivorship Presumption
If my wife and I die under circumstances in which the order of our deaths cannot be
established, I will be deemed to have survived my wife.
Page 34
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If any other beneficiary is living at my death, but dies within 30 days thereafter, then the
beneficiary will be deemed to have predeceased me for all purposes of my Will.
Section 12.04 General Provisions
The following general provisions and rules of construction apply to my Will:
(a) Singular and Plural; Gender
Unless the context requires otherwise, words denoting the singular may be
construed as plural and words of the plural may be construed as denoting
the singular. Words of one gender may be construed as denoting another
gender as is appropriate within the context. The word "or" when used in a
list of more than two items may function as both a conjunction and a
disjunction as the context requires or permits.
(b) Headings of Articles, Sections, and Subsections
The headings of Articles, Sections, and subsections used within my Will
are included .solely for the convenience and reference of the reader. They
have no significance in the interpretation or construction of my Will.
(c) Governing State Law
My Will shall be governed, construed and administered according to the
laws of the Commonwealth of Pennsylvania as from time to time
amended. Questions of administration of any trust established under my
Will are to be determined by the laws of the situs of administration of that
trust.
(d) Notices
Unless otherwise stated, whenever my Will calls for notice, the notice will
be in writing and will be personally delivered with proof of delivery, or
mailed postage prepaid by certified mail, return receipt requested, to the
last known address of the party requiring notice. Notice will be effective
on the date personally delivered or on the date of the return receipt. If a
party giving notice does not receive the return receipt but has proof that he
or she mailed the notice, notice will be effective on the date it would
normally have been received via certified mail. If notice is required to be
given to a minor or incapacitated individual, notice will be given to the
parent or legal representative of the minor or incapacitated individual.
(e) Severability
The invalidity or unenforceability of any provision of my Will does not
affect the validity or enforceability of any other provision of my Will. If a
court of competent jurisdiction determines that any provision is invalid,
the remaining provisions of my Will are to be interpreted and construed as
if any invalid provision had never been included in my Will.
Page 3 5
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I, P Dominic J. Fulginiti, havi g signed this Will in the presence of
~~r~~ 1~~ ~ ~~ and - ~~~"~~t~-e ~1~1~.~ec~. who attested it at m
request on this day, ~ ; rl ~~ ~ y
`~1 , 2011, at Harrisburg, Pennsylvania, declare
this to be my Last Will and Test ent.
-<
Do nic J. Fulginiti sta
The above and foregoing Will of Dominic J. Fulginiti was declared by Dominic J.
Fulginiti in our view and presence to be his Will and was signed and subscribed by the
said Dominic J. Fulginiti in our view and presence and at his request and in the view and
presence of Dominic J. Fulginiti and in the view and presence of each other, we, the
undersigned, w'tnessed and attested the due execution of the Will of Dominic J. Fulginiti
on this day, - ~ , 2011.
residing at
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residing at
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Page 3 6
j.
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PENNSYLVANIA SELF PROVING AFFIDAVIT
COMMONWEALTH OF PENNSYLVANIA )
COUNTY DAUPHIN )
I, DOMINIC J.. FULGINITI, the testator 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 that I signed
it willingly and as my free and voluntary act for the purposes therein expressed.
Sworn to or affirme and acknowledged before me by DOMINIC J. FULGINITI, the
testator, this day, ®` , 2011.
COMMONWFAI.TH OF PENNSYLVANUI
Notarial Seal
(Sandra T. Raspnba~xn, Notary Publk
lower Paxton TWp., Dauphin County
~'N ~nnMa9lorr Dec 4, 2012
Mernber. PenrgvlvarNa Assodatbn d Notsrles
DOMINIC J. FUL TI, Tes
~~
a(. 1.
Notary Public
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