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HomeMy WebLinkAbout01-09-1315D561D143 REV-1500 ~`(°'-'°' OFFICIAL USE ONLY PA Department of Revenue Pennsylvania county code near File Number Bureau of Individual Taxes °EPARTMENiOF PO Box.2aoso~ INHERITANCE TAX RETURN 21 12 0155 Harrisburg, PA 17128-osol RESIDENT DECEDENT ENTER DECEDENT INFORMATION BELOW Social Security Number Date of Death Date of Birth O1 25 2012 03 29 1927 Decedent's Last Name MECK Suffix Decedent's First Name LOIS (If Applicable) Enter Surviving Spouse's Information Below Spouse's Last Name Suffix Spouse's First Name Spouse's Social Security Number THIS RETURN MUST BE FILED IN DUPLICATE WITH THE REGISTER OF WILLS FILL IN APPROPRIATE OVALS BELOW 1. Original Return ~ 2. Supplemental Return 4. Limited Estate ~ 4a. Future Interest Compromise (date of death after 12-12-82) © g Decedent Died Testate (Attach Copy of Will) ~ 7. Decadent Mairit med)a Living Trust (Attadt Copyrust 9. Liti ation Proceeds Received g ~ 10. spousal PggvCredit~date ~f death between 12- 1- 1 and -1-95 3. Remainder Return (date of death MI G MI pnorto 12-13-82) 5. Federal Estate Tax Return Required ~" 8. Total Number of Safe Deposit Boxes 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 ~arnber ~ JOHN F MECR ESQ 41t~ ,~66 19'16 m h First line of address 600 GRANT STREET 44TH F Second line of address City or Post Office State ZIP Code PITTSBURGH PA 15219 - ,... RE~Tl36t ~ WILLS USE-011IE'Y "i" I'> i. rt 'I i m"... ~ ~ ~ `"1 ~ ~ ~.y.t '7 ~::~x ...r~ ti~ __.. ~~ ,~ C~ ~ . " DATE FILED "~! Correspondent's.e-mail address: Under penalties of perjury, I declare that 1 have examined this return, inGuding accompanying schedules and statements, and to the best of my knowledge and belief, it is true, correct and complete. Declaration of preparer other than the personal representafive is based on all information of which preparer has any knowledge. Constance L. Meck / ~ ,.~- ~ O I. ADDRESS SIGNATURE Spring, MD 20901 JOHN F MECK Esq. DA nt Street, 44th Floor, Pittsburgh, PA 15219 Side 1 15D561D143 15D561D143 J ~~ 150561D243 REV-1500 EX oacedene's Name: 1M1@Ck, LOIS G. Decedent's Social Security Number 202 ATION 1. Real Estate (Schedule A) ....................................................................................... 1. 2. Stocks and Bonds (Schedule B) ............................................................................. 2. 5 97 , 3 8 0.31 3. Closely Held Corporation, Partnership or Sole-Proprietorship (Schedule C)......... 3. 4. Mortgages & Notes Receivable (Schedule D) ........................................................ 4. 5• Cash, Bank Deposits & Miscellaneous Personal Property (Schedule E) ............... 5. 165 , 188 _ 32 6. Jointly Owned Property (Schedule F) 0 Separate Billing Requested............ 6. 7. Inter-Vivos Transfers & Miscellaneous -Probate Property arate Billin Re uested ~ Se 7 71 541 7 73 ............ q p g (Schedule G) . , . 8. Total Gross Assets (total Lines 1-7) ..................................................................... 8. 1 , 3 0 4 , 3 4 2.3 4 9. Funeral Expenses & Administrative Costs (Schedule H) ....................................... 9. 12 , 342.16 10. Debts of Decedent, Mortgage Liabilities, i3< Liens (Schedule I) .............................. 10. 11, 617.4 0 11. Total Deductions (total Lines 9 & 10) ................................................................... 11. 2 3 , 95 9 . 5 6 12. Net Value of Estate (Line 8 minus Line 11) .......................................................... 12. 1 , 280 , 382.78 13. Charitable and Governmental Bequests/Sec 9-113 Trusts for which an election to tax has not been made (Schedule J) ............................................... 13. 14. Net Value Subjectto Tax (Line 12 minus Line 13) ............................................... 14. 1 , 280 , 382.78 TAX COMPUTATION -SEE INSTRUCTIONS FOR APPLICABLE RATES 15. Amount of Line 14 taxable at the spousal tax rate, or transfers under Sec. 9116 (a)(1.2) X .00 15. 16. Amount of Line 14 taxable 1 2 8 0 3 8 2 .7 8 1 s. at lineal rate x .045 , , 17. Amount of Line 14 taxable at sibling rate X .12 0 . 0 0 17. 18. Amount of Line 14 taxable at collateral rate X .15 0 • 0 0 18. 19. Tax Due ............................................. ..................................................................... 19. 20. FILL IN THE OVAL IF YOU ARE REQUESTING A REFUND OF AN OVERPAYMENT. 0.00 57,617.23 0.00 0.00 57,617.23 Side 2 15D561D243 1505610243 J REV-1500 EX Page 3 Decedent's Complete Address: File Number 21-12-0155 DECEDENTS NAME Meck, Lois G. STREET ADDRESS 916 Aspen Avenue CITY Upper Allen Twp STATE PA ZIP 17055 Tax Payments and Credits: 1. Tax Due {Page 2, Line 19) 2. Credits/Payments A. Prior Payments B. Discount 55,100.00 2,880.86 (1) Total Credits (A + B) (2) 3. Interest (3) 4. If Line 2 is greater than Line 1 + Line 3, enter the difference. This is the OVERPAYMENT. (4) Check box on Page 2 Line 20 to request a refund 5, If Line 1 + Line 3 is greater than Line 2, enter the difference. This is the TAX DUE. (5) 57,617.23 57,980.86 363.63 Make Check Pa able 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 :............................................................................... ^ ^x b. retain the right to designate who shall use the property transferred or its income :.................................. ^ x c. retain a reversionary interest; or ............................................................................................................... x d. receive the promise for life of either payments, benefits or care? ............................................................ x 2. If death occurred after December 12, 1982, did decedent transfer property within one year of death without receiving adequate consideration? .................................................................................................................... ^ 3. Did decedent own an "in trust for* or payable upon death bank account or security at his or her death?....... ^ 4. Did decedent own an Individual Retirement Account, annuity, or other non-probate property which contains a beneficiary designation? .................................................................................................................. ~ ^ 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)j. For dates of death on or after January 1, 1995, the tax rate imposed on the net value of transfers to or for the use of the surviving spouse is 0 percent {72 P.S. §9116 (a) (1.1 } (ii)j. 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)j. A sibling is defined under Section 9102, as an individual who has at least one parent in common with the decedent, whether by blood or adoption. Rev-1503 EXi (6-98) SCHEDULE B STOCKS & BONDS COMMONWEALTH OF PENNSYLVANIA INHERITANCE TAX RETURN RESIDEM DECEDENT ESTATE OF (FILE NUMBER Meck, Lois G. 21-12-0155 All property jointly-owned with rigtH of survivorship must he disclosed on Schedule F. ITEM NUMBER CUSIP NUMBER DESCRIPTION UNIT VALUE VALUE AT DATE OF DEATH LPL Financial Acct No. 7773-8850 -consisting of items 1 through 20: 1 030420103 800 shares of American Wtr Wks Co Inc -new 32.61 26,088.00 2 002o6R102 300 shares of ATB<T Inc -Com 29.975 8,992.50 Accrued dividend on Item 2 through date of death 132.00 3 048788863 1,500 shares of Atlantic Power Corp - com 14.625 21,937.50 Accrued dividend on Item 3 through date of death 143.42 4 112585104 500 shares of Brookfield Asset Mgmt Inc. 30.645 15,322.50 5 616962105 50 shares of Burge Limited -Com 58.665 2,933.25 g 359o6A108 72 shares of Frontier Communications Corp -Com 4.75 342.00 7 415864107 150 shares of Harsco Corp -Com 20.16 3,024.00 Accrued dividend on Item 7 through date of death 30.75 g 4812A4351 5,321.124 shares of JP Morgan Tr I 11.45 60,926.87 g 681937637 7,285.974 shares of JP Morgan Tr II -Shares Term Bond Fid 10.9899994 80,072.85 10 66987V109 100 shares of Novartis AG - Adr Sponsored 54.52 5,452.00 11 682680103 260 shares of Oneok Inc New -Com 87,Q7 22,638.20 12 754907103 1,000 shares of Rayonier Inc -Com 45.915 45,915.00 Total of Continuation Schedule See attached page TOTAL (Also enter on Line 2, Recapitulation) 597,380.31 tff more space is needed, additional pages of the same size) Copyright (c) 2002 form software only The Lackner Group, Inc. Form PA-1500 Schedule B (Rev. 6-98) Rev-1503 EX+ (6-98) SCHEDULE B STOCKS ~ BONDS continued com°eoNwE,uTH of PENNrnvnNu INFIERITANCE TAX RETURN RESIDENTOECEDENT ESTATE OF FILE NUMBER Meck, Lois G. 21-12-0155 ITEM NUMBER CUSIP NUMBER DESCRIPTION UNIT VALUE VALUE AT DATE OF DEATH 13 842587107 600 shares of Southern Co -Com 44.79 26,874.00 14 91912E204 400 shares of bale SA - Adr Repstg Pfd 23.805 9,522.00 15 92343V104 300 shares of Verizon Communications -Com 37.635 11,290.50 Accrued dividend on Item 15 through date of death 150.00 16 966837106 50 shares of Whole Foods Market Inc -Com 77.1316 3,856.58 17 36962G3K8 $77,000 General Elec Cap Corp 5.25% dtd 10/19/2007 103.2748052 79,521.60 Accrued interest on Item 17 through date of death 1,078.00 1g 7134486N7 $50,000 Pepsico Inc., 4.5% dtd 1/14/2010 114.32288 57,161.44 Accrued interest on Item 18 through date of death 62.50 19 742718DN6 $47,000 Procter 8c Gamble Co, 4.7% dtd 216/2009 117.66 55,300.20 Accrued interest on Item 19 through date of death 981.78 20 912828MF4 $50,000 U.S. Treasury Note, 1.375% dtd 1!15/2010 114.92188 57,460.94 Accrued interest on Item 20 through date of death 18.89 21 U.S. Savings Bond, Series EE -issued 9/1989; serial 151.04 #C223170292EE TOTAL (Also enter on Line 2, Recapitulation) 597,380.31 Copyright (c) 2002 form software only The Lackner Group, Inc. Form PA-1500 Schedule B (Rev. 6-98) Rev-1508 t_7C+ (5.98) SCHEDULE E CASH, BANK DEPOSITS, & MISC. PERSONAL PROPERTY COMMONWEALTH OF PENNSYLVANIA INHERRANCE TAX RETURN RESIDENT DECEDENT ESTATE OF (FILE NUMBER Meck, Lois G. 21-12-0155 InGtrde die proceeds of litigation and the date the proceeds were received by the estate. All property jointlyowned with the rlpht of survivorship must bs disclosed on schedule F. ITEM VALUE AT DATE NUMBER DESCRIPTION OF DEATH 1 Penn National Insurance -accident deductible on car, received prior to death 500.00 2 LPL Financial Acct No. 7773-8850 -cash account 111,957.23 3 Messiah Village - unamortized contract balance -continuing care community 6,779.60 4 PNC Bank Checking Acct No. 2408 19,813.94 5 Vanguard Acct No. 93119 -includes accrued interest of .OS 1,894.76 6 2012 Mazda 5 Grand Touring -VIN - JMICW2DL6C0110258 19,000.00 7 Household Goods 5,000.00 8 Cincinnati Insurance Co. -Umbrella policy refund 19.00 9 Genworth Insurance -Long Term Care insurance refund 74.78 10 Highmark Health Insurance -refund 40.01 11 Penn National Insurance -refund on homeowner's insurance 109.00 TOTAL (Also enter on Line 5, Recapitulations 165,188.32 (If more space is needed, additional pages of the same size) Copyright (c) 2002 forth software only The Lackner Group, Inc. Form PA-1500 Schedule E (Rev. 6-98) Rev-1510 t?X~ (6-88) SCHEDULE G INTER-VIVOS TRANSFERS & MISC. NON-PROBATE PROPERTY COMMONWEALTH OF PENNSYLVANIA INHERRANCE TAX RETURN RESIDENTDECEOENi ESTATE OF (FILE NUMBER Meck, Lois G. I 21-12-0155 This sdiedule must be completed and filed 'If the answer to any of questions 1 through 4 on the reverse side of the REV-1500 COVER SHEET is yes. ITEM NUMBER DESCRIPTION OF PROPERTY THE DATE OF TROAFNSERSATfACFI ACOPY OFTTHE GEED FOOREREAL ESTATE. DATE OF DEATH VALUE OF ASSET % OF DECD'S fNTEREST FJCCLUSION (fF APPLICABLE) TAXABLE VALUE 1 Lincoln Financial Group Annuity No. 0102728 - 180,544.72 180,544.72 beneficiaries are children - Constance L. Meck, John F. Meck and Jennifer M. Vines 2 Lincoln Group Annuity No. 0102729 -beneficiaries are 122,565.31 122,565.31 children -Constance L. Meck, John F. Meck and Jennifer M. Vines 3 LPL Roth IRA Acct No. 0267 -beneficiaries are 167,373.99 167,373.99 children --Constance L. Meck, John F. Meck, and Jennifer M. Vines 4 Vanguard Variable Annuity Contract No. 71810 - 37,289.69 37,289.69 beneficiaries are children -Constance L. Meck, John F. Meck and Jennifer M. Vines 5 Constance L. Meck -daughter, annual exclusion gifts 15,300.00 3,000.00 12,300.00 7/16/11 through 1/9/2012 6 Jennifer M. Vines -daughter, annual exclusion gifts - 14,950.00 3,000.00 11,950.00 7122/11 through 1/9/2012 7 John F. Meck -son, annual exclusion gifts - 6/6/11 12,750.00 3,000.00 9,750.00 through 1/9/2012 TOTAL (Also enter on Line 7, Recapitulation) I 541,773.71 (ff more space is needed, additional pages of the same size) Copyright (c) 2002 form software only The Lackner Group, Inc. Form PA-1500 Schedule G (Rev. 6-98) ~v-i~s~ ac+t~o-os) SCHEDULE H COH~~€~~N,,,"„" FUNERAL EXPENSES ~ ADMfNISTRATIVE COSTS ESTATE OF FILE NUMBER Meck, Lois G. 21-12-0155 Debts of decedent must be reported on Schedule 1. ITEM DESCRIPTION AMOUNT q, FUNERAL EXPENSES: See continuation schedule(s~ attached B. ADMINISTRATIVE COSTS: 1. Persona! Representative's Commissions Name of Personal Representatives} Street Address City State Zip Year(s) Commission paid 2. Attomev's Fees ECKERT SEAMANS CHERIN & MELLOTT, LLC 3. Family Exemption: (If decedent's address is not the same as claimant's, attach explanation) Claimant 4,190.71 Waived 1,000.00 Street Address City State Zip Relationship of Claimant to Decedent 4. Probate Fees 1,031.52 5. Accountant's Fees 6. Tax Retum Preparers Fees 7. Other Administrative Costs 6,119.93 See continuation schedule(s) attached TOTAL (Also enter on line 9, Recapitulation) 12,342.16 Copyright (c) 2009 form software only The Lackner Group, Inc. Form PA-1500 Schedule H (Rev. 10-06) SCHEDULE H FUNERAL EXPENSES AND ADMINISTRATIVE COSTS continued ESTATE OF FILE NUMBER Meck, Lois G. 21-12-0155 ITEM NUMBER DESCRIPTION AMOUNT Funeral Expenses 1 Constance L. Meck -reimbursement for cremation services 1,145.00 2 Constance L. Meck -reimbursement for obituaries 544.22 3 John F. Meck -reimbursement far memorial service dinner 2,341.49 4 Messiah Village Home Care -guest rooms for memorial service 160.00 H-A 4,190.71 5 Other Administrative Costs Constance L. Meck -reimbursement for EVP asset valuation report 43.40 6 Cumberland County Register of Wills -filing fees -Inventory and Pa Inheritance Tax 30.00 7 Eckert Seamans Cherin 8: Mellott LLC -costs 49.15 8 Eckert Seamans Cherin ~ Mellott LLC -costs 12.85 9 Messiah Village -February, 2012 rent 864.00 10 Messiah Village -March, 2012 rent 864.00 11 Messiah Village -April, 2012 rent 864.00 12 Messiah Village -May, 2012 rent 864.00 13 Messiah Village -June, 2012 rent 576.00 14 Messiah Village Home Care 217.39 Copyright (c) 2002 form software only The Lackner Group, Inc. Form PA-1500 Schedule H (Rev. 6-98) SCHEDULE H FUNERAL EXPENSES AND ADMINISTRATIVE COSTS continued ESTATE OF (FILE NUMBER Meck, Lois G. _ _ 21-12-0155 ITEM NUMBER DESCRIPTION AMOUNT 15 Penn National Insurance -automobile insurance on Mazda 670.00 16 Penn National Insurance -refund on auto insurance -309.00 17 PPL Co. -electric service at residence - 2N 3/12 to 4/13/12 143.94 18 PPL Co. -electric service at residence - 4/13/12 to 5114112 32.63 19 PPL Co. -electric service at residence - 5/14/12 to 6/13/12 79.70 20 PPL Co. -electric service at residence - 6/14/12 to 6/21/12 24.33 21 Smart Move Makers Inc. -disposition of personal property and removal of trash at residence 807.50 22 Verizon Wireless -residential telephone service 65.35 23 Verizon Wireless -residential telephone service 29.95 24 Verizon Wireless -residential telephone service and Internet -January 22 to April 5 190.74 H-B7 6,119.93 Copyright (c) 2002 form software only The Lackner Group, Inc. Form PA-1500 Schedule H (Rev. 6-98) Rev-1512 F,(+ (12-08) SCHEDULE 1 DEBTS OF DECEDENT, MORTGAGE LIABILITIES, & LIENS COWMONWEALTH OF PENNSYLVANIA INH621TANCE TAX RETURN RESIDENT DECEDENT ESTATE OF FILE NUMBER Meck, Lois G. 21-12-0155 Report debts incurred by the decederd prior to death that remained unpaid at tfis data of death, indudiny unraimbursad medical expenses. ITEM VALUE AT DATE NUMBER DESCRIPTION OF DEATH 1 Boscov's credit card 96.79 2 Checks clearing post-death - Gheck to Connie Meck, reimbursement for comfort items 200.00 3 Constance L. Meck -reimbursement for bed and shoes purchased prior to death 914.96 4 Dr. Perna 99.25 5 Exxon Mobil credit card 184.63 6 LL Bean Visa credit card 632.55 7 Messiah Lifeways - 4 pronged cane 44.00 8 Messiah Village -January, 2012 rent 864.00 9 Messiah Village Home Care 417.93 10 Messiah Village Home Care -services prior to death 100.00 11 PA Department of Revenue - 2011 Fonn Pa~O -tax due 1,004.00 12 PA Department of Revenue - 2012 Form Pa-40 -tax due 58.00 13 PPL Co. -electric service at residence -12/13/11 to 2!13/12 312.53 14 U.S. Treasury - 2011 Form 1040 -tax paid with extension request 6,745.00 15 U.S. Treasury - 2011 Form 1040 -overpayment -124.00 16 Verizon Wireless -residential telephone service 67.76 TOTAL (Also enter on Line 10, Recapitulation) 4 11,617.40 (If more space is needed, additional pages of the same size) Copyright (c) 2009 form software only The Lackner Group, Inc. Form PA-1500 Schedule i (Rev. 12-08) REV-1513 FJ(+ (11-OS) SCHEDULE J COA"'~'"~" p ~~'""'~ BENEFICIARIES ESTATE OF I FILE NUMBER Meck, Lois G. 21-12-0 155 NAME AND ADDRESS OF RELATIONSHIP TO SHARE OF ESTATE AMOUNT OF ESTATE NUMBER PERSON(S) RECEIVING PROPERTY DECEDENT (Words) ($$$) I TAXABLE DISTRIBUTIONS [include outright spousal • distributions, and transfers under Sec. 9116 a 1.2 1 Constance L. Meck Daughter 426,654.93 512 Waterford Road Silver Spring, MD 20901 2 John F. Meck Son 426,654.92 701 Delafield Road Pittsburgh, PA 15215 3 Jennifer M. Vines Daughter 426,654,93 4060 Mola Lane Earlysville, VA 22936 Total 1,279,964.78 Enter dollar amounts for distributions shown above on lines 15 throw h 18 on Rev 150 0 cover sheet, as a r o riate . NON-TAXABLE DISTRIBUTIONS: ~• A. SPOUSAL DISTRIBUTIONS UNDER SECTION 9113 FOR WHICH AN ELECTION TO TAX IS NOT TAKEN B. CHARITABLE AND GOVERNMENTAL DISTRIBUTIONS TOTAL OF PART II -ENTER TOTAL NON-TAXABLE DISTRIBUTIONS ON LINE 13 OF REV-1500 COVER SHEETI Copyright (c) 2009 form software only The Lackner Group, Inc. Forrn PA-1500 Schedule J (Rev. 11-08) LAST WILL AND TESTAMENT OF LOTS G. MECK I, LOIS G. MECK, of the City of Mechanicsburg, County of Cumberland, and Commonwealth of Pennsylvania, declare this to be my Last Will, and revoke any Will previous)}r made by me. 1. Debts and Expenses I direct that all my debts which are not barred, funeral expenses and deductible pledges be fully paid as soon as conveniently maybe after my decease. 2. Tangible Personal Property I give all my tangible personal property to my husband, FRANKLIN G. MECK. Should my husband fail to survive me, then I give the same to such of my children who may be living at the time of my death to be divided among them as they may agree or in the absence of such agreement, to be divided among them by my Executors in shares as nearly equal in value as feasible with full power in my Executors to sell all or any portion of the same to facilitate such division and distribution. Any such sale proceeds not required to accomplish equalization shall be added to and pass as part of my residuary estate. 3. Marital Gift I give to my husband, FRANKLIN G. MECK, if he survives me, an amount equal to the maximum marital deduction allowable in my estate for Federal Estate Tax purposes, reduced by (i) the value, for the purposes of that Tax, of any property interest which passes or has passed to my husband otherwise than under this Paragraph 3 to the extent such interest is includable in my gross estate for Federal Estate Tax purposes and also qualifies for the marital deduction and further reduced by (ii) such additional amount, if any, which can pass free of Federal Estate Tax in my estate by making optimum use of any unused credit available to offset such tax so long as such use does not thereby increase state death taxes. Unused applicable credit amount shall consist of the portion thereof not required to offset Federal Estate or Gift Tax on other transfers by me not qualifying for a marital or charitable deduction and to offset Federal Estate T'ax on amount of my gross estate applied in payment of death taxes, debts and administration expenses either not deducted or not deductible in computing such tax. 4. Residuary Trust All the residue of my estate, plus any life insurance, annuity and retirement benefits payable to the Trustee under my Will, I give to and direct that the same be held by the Trustee hereinafter named or his successors, IN TRUST NEVERTHELESS, for the following uses and purposes: PT1 122578v1 06/03/04 4.1, Distribution of Income and Principal The Trustee may pay to my husband, FRANKLIN G. MECK, or use and expend for his benefit all or such portion of the net income of the Trust as the Trustee, in his absolute discretion, deems advisable. Any income not paid or applied as aforesaid shall not be added to principal, but shall be accumulated and held as income, unless and until distributed. In addition, the Trustee may pay to my husband, FRANKLIN G. MECK, or use and expend for his benefit all or such amount of the principal of the trust estate as the Trustee in his absolute discretion, deems advisable to provide for the health, education, maintenance, and support of my husband, FRANKLIN G. MECK. In the exercise of the foregoing, the Trustee may take into consideration, to the extent he deems proper, any independent means available to my husband, FRANKLIN G. MECK and shall not be required to take into account the existence of or the exercise or non-exercise of any right of withdrawal granted to my husband, FRANKLIN G. MECK. If a Trustee other than my husband, FRANKLIN G. MECK, is serving as Trustee of the Trust, then that Trustee may pay such additional amounts of principal, to my husband, FRANKLIN G. MECK, as the Trustee in its absolute discretion deems advisable taking into consideration, to the extent the Trustee deems proper, the respective income tax rates of the Trust and my husband, FRANKLIN G. MECK, the potential to thus minimize income taxes, and the desirability or undesirability of making such additional distributions to my husband, FRANKLIN G. MECK. 4.2. Withdrawal of Principal The Trustee shall also distribute to my husband, FRANKLIN G. MECK, all or such amounts of the principal of the trust estate as my husband, FRANKLIN G. MECK, in his absolute discretion, shall from time to time direct in writing delivered during his lifetime to the Trustee. In no event, however, shall the aggregate sum of such withdrawals by him for any one calendar year exceed the greater of the sum of $5,000, or if my husband, FRANKLIN G. MECK, is living on the last day of December of such year, 5°l0 of the market value of the principal on that day. This annual right of withdrawal shall not be cumulative. 4.3. Early Trust Termination At any time during the life of my husband, FRANKLIN G. MECK, the Trustee in his absolute discretion, may terminate the trust estate created hereunder, in whole or in part, with distribution of the principal to be made to my husband, FRANKLIN G. MECK, to the extent of such termination. This trust was created to provide an opportunity to shelter all or a part of the principal thereof from Federal Estate Tax in my husband's estate. Without in any 2 PT 1 122578v 1 06!03/04 way limiting the generality of the foregoing power of termination, it is my precatory but not mandatory suggestion that the Trustee consider exercising the foregoing power if and to the extent he deems it unlikely the trust will be required for such purpose. 4.4. Trust Termination Upon the death of my husband, FRANKLIN G. MECK, or upon my death should he fail to survive me, the trust herein created shall terminate, and the Trustee shall distribute the remaining principal of the trust, if any, to my then living issue, per stirpes and not per capita. In the absence of any such living issue, the principal shall be distributed to such person or persons who would have been entitled to receive the same as my heirs at law and those of my husband, FRANKLIN G. MECK, under the laws of the Commonwealth of Pennsylvania as though each of us had. died at that time the owner of one-half thereof, unmarried, intestate and domiciled in that Commonwealth. Distribution hereunder, however, shall be subject to the provisions of Paragraph 5 if any distributee has not then attained 30 years of age. 5. Young Beneficiary Trust If any beneficiary has not then attained 30 years of age at a time he or she is entitled to receive a share of my estate or income or principal of a trust created hereunder, the same shall be set aside and retained in a separate trust for his or her benefit by the Trustees hereinafter named. The Trustees may pay to that beneficiary or use and expend for his or her benefit all or such portion of the received and earned income as well as the principal of this trust estate as the Trustees, in their absolute discretion, deem advisable to provide for the health, education, maintenance, and support of that beneficiary, taking into account to the extent the Trustees deem proper, any independent means available to the beneficiary of which the Trustees have knowledge. Any income not paid or applied as aforesaid shall be added to principal. _ At any time after the beneficiary has attained 25 years of age, the Trustees shall distribute to that beneficiary such portion or portions of the principal of his or her trust as that beneficiary shall from time to time direct in writing. In no event, however, shall the aggregate sum of such withdrawals prior to that beneficiary's having attained 30 years of age, valued at the date of the withdrawal, exceed one-half of the value of the principal of that beneficiar}~s trust estate at its inception. Any principal of a trust for a beneficiary hereunder who dies before age 30 shall be distributed to such person or persons who would have been entitled to receive the same as the heirs at law of the beneficiary under the laws of the Commonwealth of Pennsylvania as though he or she had died at that time the owner thereof, unmarried, intestate, and domiciled in that Commonwealth excluding, however, any person who is not related to me or my husband, 3 PTI 12257$vl 06/03/04 --___.. ~__....~.____.._ . _ .: _.._~.-- - -...._ ._ _--- _ -- ._ ... _.... _.w- ._-.. FRANKLIN G. MECK. Distribution hereunder shall also be subject, however, to the provisions of this Paragraph 5 if at that time, any such distributee has not then attained 30 years of age. If more than one trust is held hereunder for the same beneficiary, the Trustees may, in their absolute discretion, combine them into a single trust. Notwithstanding the foregoing, the Trustees shall accelerate from age 30 to an earlier age the termination of a trust for any particular beneficiary hereunder if that acceleration is necessary to effect compliance with the rule against perpetuities, as measured by the lives of all beneficiaries named or described in this instrument and by actual rather than possible events. The Trustees may also thus accelerate such termination where, in the absolute discretion of the Trustees, the size of the trust is deemed too small to warrant continued retention in trust. In either case such distribution maybe made to that beneficiary or to a Custodian appointed for his or her benefit as hereinafter provided. 6. Technical Provisions The following technical provisions shall prevail in the administration of my estate and trusts hereunder where applicable: 6.1, Marifa/ Deduction Funding There shall not be allocated to any gift hereunder or any portion thereof otherwise intended to qualify for the marital deduction property not includable in my gross estate for Federal Estate Tax purposes or any property or the proceeds therefrom, which does not meet marital deduction requirements. Property that may be subject to a foreign death tax shall not be allocated to any such gift unless absolutely required to fully fund the same. If any such gift is a pecuniary amount, the property used to satisfy such a pecuniary gift shall be valued on or near the date of funding. 6.2, Exculpatory Provisions I recognize that there are or may be several options under income and death tax laws, the exercise of which can materially impact, and in some instances entirely eliminate, gifts or trust interests created or referred to hereunder and that these may be similarly affected by the timing of distributions and the intervening appreciation or depreciation of asset values. The Executor and Trustee shall have absolute discretion to elect such options and select the time for distribution in such manner as they may perceive to be in the overall best interests of the persons having a beneficial interest in my estate and the trusts created hereunder, even though such decisions may have differing impacts on one or more of the beneficiaries, and without reimbursement or compensatory adjustments. The Executor and Trustee shall not be required to favor recipients under this Will over those receiving gifts outside the Will, and they shall not be liable for any loss which occurs by reason of such election or timing of distributions. 4 PTi 122578x106/03(04 -0:3: ._.~e~~o vered~u5ts - The Trustee may, in his absolute discretion, continue any trust created hereunder as a single trust with appropriate identification of the respective portions having different tax or distributive characteristics or sever the same into as many separate trusts as he deems proper for the purpose of facilitating or implementing allocation of my generation-skipping tax exemption, qualification of the trusts to hold S corporation stock, or any other tax or distributive consideration the Trustee deems proper so long as the alternative selected and the manner of implementation thereof is not likely to result in the loss or denial of any tax exemption or other tax or distributive objective sought. If such severance involves a pecuniary amount rather than fractional shares, the pecuniary amount shall be entitled to a pro-rata share of the income earned to date by the estate or trust from which it is severed, and distributions in kind in satisfaction of such pecuniary amount shall be at current market value at time of distribution. 6.4. Benepcially lnferested Fiduciary Irrespective of any contrary provision herein or any discretion granted by law, no Trustee acting hereunder shall have or enjoy any power or authority in that capacity, if the existence, exercise, lapse or disclaimer of such power or authority may be deemed to be or cause the trust or any part thereof to be a taxable transfer by the Trustee for Federal Estate Tax, Gift Tax, or Generation-Skipping Tax purposes. In any such case, the power and discretion shall be vested exclusively in the other Trustee or Trustees, if any, then acting hereunder not also thus similarly disqualified. If all of the current Trustees are thus disqualified, that specific power and discretion shall be vested exclusively in the next succeeding Trustee or Trustees hereinafter designated or provided for not also disqualified. In the absence thereof, such specific power and discretion shall be vested exclusively in any Special Trustee appointed by me or the court for that specific limited purpose. 6.5. Stock Dividends In any trust hereunder, corporate distributions in shares of the distributing corporation, however described or designated by that corporation, shall be deemed principal. fi.6. Spendthrift Clause The interests of the beneficiaries in principal and income of my estate and any trust created herein shall be free from anticipation, assignment, pledge, or obligations of those beneficiaries and shall not be subject to any execution or attachment until actually distributed. This shall not preclude (i) a personal exercise by a beneficiary of a right of withdrawal granted hereunder, if any, (ii) a disclaimer by a beneficiary, in whole or in part, of any interest in income or principal hereunder, or (iii) a setoff against such interest of any indebtedness of the beneficiary to me, my estate or any trust described herein. 5 PT 1 122578v 1 06!03!04 6.7. Post-Death Income Unless otherwise provided, upon the death of any income beneficiary, any income accrued or received by the Trustee subsequent to the last income payment date shall be paid to the person or persons for whose benefit the principal producing such income is continued in trust or to whom such principal is distributed under the terms hereof. 6.8. Allocation of Capital Gains Funds distributed in a discretionary application of principal or in response to an exercise of a right of withdrawal hereunder, if any, shall neither be deemed to nor actually include capital gains realized during the current tax year, except to the extent in the exercise of absolute discretion, the Executor or Trustee expressly elect to allocate all or a part of such gains thereto. 6.9. Adopted and Related Persons References in my Will to children, grandchildren, issue, descendants, heirs, or persons related to others shall be deemed to include, in addition to blood relatives, persons who fall into that relationship solely by reason of adoption, so long as the adoption occurred during the minority of the adoptee. 6.10. Per Stirpes Gifts In any gift hereunder to the issue of any individual, per stirpes, the starting point in allotting shares shall always be the children of such individual, even though all of such children are then deceased, and no distribution at any lower generational level shall be determined on a per capita basis. 6.11. Trust Combination The Trustee may, in his absolute discretion, combine any trust created hereunder with any trust containing substantially similar provisions, notwithstanding the fact that the trusts may have been created by separate instruments or by different persons. If necessary to protect possibly different future interests or to facilitate later division of the trust, the assets shall be valued at the time of any such combination and a record made of the proportionate interest of each separate trust in the combined fund. 6.12. Retirement Accounts If my estate or a trust hereunder is a beneficiary of a retirement plan or retirement account (each of which is referred to herein as a "Retirement Account"), the Executor or Trustee may elect installment distributions therefrom in lieu of a lump sum settlement, so long as those distributions are at least the minimum amount, if any, required to be distributed from the Retirement Account under applicable provisions of the Internal Revenue Code and the power and discretion to accelerate distribution from time to time is retained by the Executor or Trustee. PT 1 122578v 1 06/03/04 6 ._ _. T . ,, _._ . _. _ __R__ _..__ 7. Fiduciary Powers In the administration of my estate and any trust created under my Will, the Executor and the Trustee shall have, in addition to and not in limitation of any authority given by law, and without necessity of obtaining the consent of any court, full and complete power and discretion as follows: to accept, retain, and hold in the estate or trusts any of my investments or property without duty to diversify; to invest and reinvest the assets of the estate or trusts in any kind of property, real or personal, or part interest therein, without being restricted to investments which are legal for trust funds; to sell, pledge, exchange, lease for any period of time, or mortgage any real or personal property, and to grant options for the sale, exchange, or lease of the same; to borrow money from themselves or others and pledge or encumber any property of the estate or trusts as security therefor, without liability on the part of the lender to see to the application of such funds; to compromise claims in favor of or against the estate or trusts; to exercise options to subscribe to or purchase securities; to join in, consent to, or oppose any voting trust and any plan of lease, mortgage, merger, consolidation, reorganization, recapitalization, liquidation, foreclosure, or other readjustment of the financial structure of any firm or corporation in which the estate or trusts may have an interest; to deposit securities in a clearing corporation or carry the same in the name of a nominee or in book entry form; to maintain, repair, alter, improve, partition, subdivide, dedicate, and otherwise manage or deal with real estate; to decline to accept, disclaim, release, renounce, or abandon any interest in property and any power; fo nominate themselves or another as Custodian under a Uniform Gifts or Transfers to Minors' Act and make transfers of a beneficiary's interest in all or part of the estate or trust to such Custodian to be held for the benefit of such beneficiary and select an age from 21 to 25 as to how long such custodianship shall last; to purchase from my estate and that of my spouse any assets thereof and to make loans to those estates to provide liquidity; to allot different kinds of interests in property to different beneficiaries of my estate or different trusts created hereunder; to retain investment advisors, professional advisors, custodians, and agents and to delegate to them any power or discretion vested in the Executor and the Trustee; and to distribute the estate or trusts either in cash or in kind. 8. Payment of Death Taxes I direct that all estate, inheritance, and succession taxes, together with any interest and penalty thereon, on or against any item which may be included as part of my estate for tax purposes, whether passing under this my Last Will or otherwise, yr assessed against any legatee, devisee, beneficiary, or recipient of the same, shall be paid out of the principal of my general estate in the same manner as an administration expense or out of the principal of any trust succeeding in interest thereto. I direct that none of such taxes shall be prorated ar apportioned and that, except for such taxes imposed on qualified terminable interest property, there shall be no obligation upon any person to reimburse my Executor or my residuary estate therefor. My Executor or Trustee to whom my residuary estate has been distributed may elect to prepay or defer payment of all or any part of said death taxes and that election shall be binding on all parties concerned. 7 PT 1 122578v 1 Ob/03104 _..._. . 9. Appointment of Trustees I appoint my husband, FRANKLIN G. MECK, Trustee of the trust in paragraph 4. In the event my husband, FRANKLIN G. MECK, is unable or unwilling to serve or continue to serve as Trustee, then I appoint my daughter, CONSTANCE L. MECK, my daughter, JENNIFER M. VINES, and my son, JOHN F. MECK, to jointly fill that vacancy. I appoint my daughter, CONSTANCE L. MECK, my daughter, JENNIFER M. VINES, and my son, JOHN F. MECK, Trustees of the trusts in paragraph 5 of my Will. 10. Appointment of Executors I appoint my husband, FRANKLIN G. MECK, Executor of my Will. Should my husband, FRANKLIN G. MECK, be unable or unwilling to serve or continue to serve, then I appoint my daughter, CONSTANCE L. MECK, my daughter, JENNIFER M. VINES, and my son, JOHN F. MECK, Executors to jointly fill that vacancy. I direct that no bond shall be required of any personal representative, trustee, guardian, or custodian named herein or appointed hereunder. ~ ~ IN WITNESS WHEREOF, I have hereunto set my hand and seal the day of , 2004. ~~ Address Address PTl 122578v 1 06!03!04 ~~ ~ ~~" C~Z' SEAL { ) LOIS G. MECK 8 Acknowledgment And Affidavit For Self-Proved Will COMMONWEALTH OF PENNSYLVANIA ) ss: COUNTY OF ALLEGHENY ) We, LOIS G. MECK, __ ~(ZANt~t-t iU ~g _~_~E~ _ _ and ,~~~I~l L~L~ ~ CtL ,the Testatrix and the witnesses, respectively, whose names are signed to the foregoing Last Will, being first duly sworn according to law, do depose and say that the Testatrix signed and executed the foregoing instrument as and for her Last Will, that she signed willingly, that she executed it as his free and voluntary act for the purposes therein expressed, that each of the witnesses, in the presence and hearing of the Testatrix, signed the Last Will as witnesses and that to the best of the knowledge of each of the witnesses the Testatrix was at that time eighteen (18) years of age or older, of sound mind and under no constraint or undue influence. , LOIS G. ECK ~. JO .MECK, ttorney-at-law Pa .Ct.Id. No.: 26439 ON THIS, the ~ `"~ day of , 2004, before me, a Notary Public, the undersigned officer, personally a ared JOHN F. MECK known to me or satisfactorily proven to be a member of the bar of the highest court of the Commonwealth of Pennsylvania and a subscribing witness to the within instrument, and certified that he was personally present when the foregoing acknowledgment and affidavit were signed by LOIS G. ME K, the Testatrix, and ~ (Lt_(~ C9- ~(.~C (L and ~ ,the witnesses. IN WITNESS WHEREOF, I hereunto set my hand and official seal. N Pu lc Notarial Seal Kathleen t.. Ttorruon, t~ Pt~l'ic 9 city t7t p'~sburgh, AAe~eny county PT 1 122578v 1 06!03/04 MY commission Expires June 27, 2006 MerrtGer. panne.*ra~'+' ~ ~ -~ria±ic:~ fJi Nk~ta~es ~~. _ L USAOC N ~ L of gg 1^ 7 9 'al x ~ a ~ 59 0 z o A ~.~ h :.::~, ~,._ tom,.. ` a,Rrr;., . ,,, J'~ :.i ar. .,.. .~- ~.~'"'~ .•. ,, ~ ~ `~.' ECKERT SEAMANS ~ ~ ~ '~ G CHERIN & MELLOTT, LLC ~ ~ ~ 2 ~ v U.S Steel Tower f~"' ~ m C1~ ~ C7 600 Grant Street, 44`~ Floor Z ~ ~ p t~ Pittsburgh, PA 15219 ~ ~-, K.,., 'T' '*1 ~..~ Cumberland County Register of Wills ~ ~ ~~ r.- ~ One Courthouse Square, Room 102 yam'.., tia N ~ Carlisle, PA 17013 NS ATTORNEYS AT LAW _.~ _ e. ~~ ~'. Xx w ~~ ..