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HomeMy WebLinkAbout02-19-13J 1505611185 EX(02- 11)(FI) REV -1500 OFFICIAL USE ONLY PA Department of Revenue County Coda Year File Number Bureau of Individual Taxes PO BOX 280601 INHERITANCE TAX RETURN I Harrisburg, PA 17128 -0601 RESIDENT DECEDENT (J( ENTER DECEDENT INFORMATION BELOW Social Security Number Date of Death MMDDYVVV Date of Birth MMDDYVYY 172 -26 -9413 01302012 08261932 Decedent's Last Name Suffix Decedents First Name MI MYERS WILLIAM G (If Applicable) Enter Surviving Spouse's Information Below Spouse's Last Name Suffix Spouse's First Name MI MYERS MARY ANN Spouse's Social Security Number THIS RETURN MUST BE FILED IN DUPLICATE WITH THE - - REGISTER OF WILLS FILL IN APPROPRIATE BOXES BELOW ® 1. Original Return ❑ 2. Supplemental Return ❑ 3. Remainder Return (Date of Death Prior to 12- 13 -82) ❑ 4. Limited Estate ❑ 4a. Future Interest Compromise (date of ❑ 5. Federal Estate Tax Return Required death after 12- 12 -82) © 6. Decedent Died Testate ® 7. Decedent Maintained a Living Trust 8. Total Number of Safe Deposit Boxes (Attach Copy of Will) (Attach Copy of Trust.) ❑ 9. Litigation Proceeds Received ❑ 10. Spousal Poverty Credit (Date of Death ❑ 11. Election to Tax under Sec,- 9113(A) Between 12 -31 -91 and 1 -1 -95) (Attach Scqdule 0) CORRESPONDENT- THIS SECTION MUST BE COMPLETED. ALL CORRESPONDENCE AND CONFIDENTIAL TAX INFORMATI SIVULD BE D CTEVT Name n Daytime Telepho N=ber rn C5 C�l °�' MARK E. HALBRUNERI ESQ• 717 -731 6 OM I r17 tr1 rJ REOISTE MALL SE ONLY C) First Line of Address 1013 MUMMA RD, STE 100 n o vri Second Line of Address City or Post Office State ZIP Code DATE FILED LEMOYNE PA 17043 Correspondents e-mail address; M•HALBRUNER@GATESLAWFIRM•COM Under penalties of perjury, I declare that I have examined this return, Including accompanying schedules and statements, and to the beat of my knowledge and belief, it is true, correct and complete. Declaration of preparer other then the personal representative is based on all information of which preparer has any knowledge. MARY ANN MYERS NUURCJJ 101 ALLENDALE WAY CAMP HIL , PA 17011 SIGNATURE OF PREPARER OTHER THAN REPRES MARK E• HALBRUNER, ESQ• C 1013 MUMMA ROAD, SUITE 100 LEMOYNE, PA 17043 PLEASE USE ORIGINAL FORM ONLY I 1505611185 Side 1 OM4647 3.000 1505611185 ' 1505611285 REV -1500 EX (FI) Decedent's Social Security Number 172 -26 -9413 Decedent's Name: M Y F R S bl T I I TAM f RECAPITULATION 1. Real Estate (Schedule A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 $ 0 • 00 2. Stocks and Bonds (Schedule B) ........ .... ........... .. 2 $ 0 • 00 3. Closely Held Corporation, Partnership or Sole- Proprietorship (Schedule C), , , , , 3 $ 0 • 00 4. Mortgages and Notes Receivable (Schedule D) , , , , , , ,,, , , ,,, , , , q $0 • 00 5. Cash, Bank Deposits and Miscellaneous Personal Property (Schedule E) , , , , , 5. $ 0 • 00 6. Jointly Owned Property (Schedule F) ❑ Separate Billing Requested , , , , 6. $0 • 00 7. Inter -Vivos Transfers & Miscellaneous Non - Probate Property (Schedule G) ❑ Separate Billing Requested . . . . 7. *1,2071481 - 5 6 8, Total Gross Assets (total Lines 1 through 7) , , , , , , , , , , , , , , , , , , 8 $1 , 207 , 4 81 • 56 9. Funeral Expenses and Administrative Costs (Schedule H) .... ......... 9, $18,801 • 18 10. Debts of Decedent, Mortgage Liabilities, and Liens (Schedule 1) , , , , , , , , . 10. $481 • 19 11. Total Deductions (total Lines 9 and 10), , , , , , , , , , , , , , , , , , , , , 11 *19,282 - 37 12, Net Value of Estate (Line 8 minus Line 11) . . . . . . . . . . . . . . . . . . . 12 $1 i 188 , 199 • 19 13. Charitable and Governmental Bequests /Sec 9113 Trusts for which an election to tax has not been made (Schedule J) , , , , , , , , , , , , , , , , 13. $357,048 - 9 3 14. Net Value Subject to Tax (Line 12 minus Line 13) , 14. $8311150 • 26 TAX CALCULATION - SEE INSTRUCTIONS FOR APPLICABLE RATES 15. Amount of Line 14 taxable at the spousal tax rate, or transfers under Sec. 9116 (a,,t -.0_ $8311150.26 15. $0.00 16. Amount of Line 14 xable at lineal rate x .o 4'A $0.00 16. $0.00 17. Amount of Line 14 taxable at sibling rate X .12 $0.00 17. *0.00 18. Amount of Line 14 taxable at collateral rate X .15 $0.00 18. $0.00 19. TAX DUE .... ............................... 19. $0.00 20. FILL IN THE BOX IF YOU ARE REQUESTING A REFUND OF AN OVERPAYMENT ❑ Side 2 1505611285 1505611285 OM4648 3.000 REV -1500 EX (FI) Page 3 Decedents Complete Address: File Number DECEDENTS NAME MYERS WILLIAM G STREETADDRESS CUMBERLAND CTfY CAMP HILL STATE PA ZIP 70 Tax Payments and Credits: 1. Tax Due (Page 2, Line 19) 2. Credits /Payments A. Prior Payments *0_0 0 B. Discount tin . nn 3. Interest (1) Total Credits (A + B ) (2) I I I 4. If Line 2 is greater than Line 1 + Line 3, enter the difference. This is the OVERPAYMENT. Fill in box on Page 2, Line 20 to request a refund. 5. If Line i + Line 3 is greater than Line 2, enter the difference. This is the TAX DUE. (4) (5) 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 ........................ X❑ ❑ b, retain the right to designate who shall use the property transferred or its income . . . . . . . . . . ❑ c. retain a reversionary interest ... ............................... . ❑ 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? .............................. ❑ ❑X 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(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)]. 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. OM4671 2.000 REV -1509 EX- (08-12) pennsylvania SCHEDULE E DEPARTMENTOF REVENUE CASH, BANK DEPOSITS & MISC. RESioEMOSceoENTTORR PERSONAL PROPERTY ESTATE OF 2 WaeAD 2 .000 If more space is needed, use additional sheets of paper of the same size. REV -1510 EX +(OS -09) pennsylvania DEPARTMENT OF REVENUE INHERITANCE TAX RETURN RESIDENT DECEDENT SCHEDULE G INTER -VIVOS TRANSFERS AND MISC. NON - PROBATE PROPERTY William G. Myers This schedule must be completed and filed if the answer to any of questions 1 through 4 on page three of the REV -1500 is yes. ITEM NUMBE DESCRIPTION OF PROPERTY wcuce nE wunEaFTreTRARSFERSe THEIR REUnaruswP TO OECEDEDTAND niE DATE OFinacFER. ATTACRACOnv OFTHE DEED FOR REAL ESTATE. DATE OF DEATH VALUE OF ASSET % DECD'S INTEREST EXCLUSION iFAPPUCABLE TAXABLE VALUE 1. TD Ameritrade Acct. No. 911010335 Owned by The William G. Myers Living Trust U/A dtd. 09/29/1995 $219,248.93 100.0000 $0.00 $219,248.93 2 TD Ameritrade IRA Acct. No. 911913587 Owner: William G. Myers Beneficiary: wife, Mary Ann Myers $113,952.97 100.0000 $0.00 $113,952.97 3 TD Ameritrade Roth IRA Acct. No. 911913618 Owner: William G. Myers Beneficiary: wife, Mary Ann Myers $717,758.07 100.0000 $0.00 $717,758.07 4 Vanguard Annuity No. 700105551 Owner: William G. Myers Beneficiary: Mary Ann Myers $18,721.59 100.0000 $0.00 $18,721.59 Wm. G. Myers Living Trust 5 1997 Bayliner Boat $5,500.00 100.0000 $0.00 $5,500.00 6 1997 Escort Trailer $2,000.00 100.0000 $0.00 $2,000.00 7 2000 Sylvan Pontoon Boat $4,000.00 100.0000 $0.00 $4,000.00 8 2003 Toyota Camry $6,300.00 100.0000 $0.00 $6,300.00 Total from continuation sched les . . . . . . $120,000.00 TOTAL (Also enter on line 7, Recapitulation) $ $1,207,481.56 If more space is needed, use additional sheets of paper of the same size. 9W4eAF 2.000 Estate of: William G. Myers Item No. Description 9 One -Half (1/2) tenant -in- common interest in a two - story, single family dwelling located at 101 Allendale Way, Lower Allen Township, Cumberland County, Pennsylvania; being Tax Parcel No. 13 -25- 0010 -196; transferred by William G. Myers and Mary Ann Myers, by their Deed dated September 29, 1995, and recorded in the Cumberland County Recorder of Deeds Office at Book 129, Page 748, transferred to William G. Myers & Mary Ann Myers, Trustees of the William G. Myers Living Trust dated September 29, 1995, and Mary Ann Myers and William G. Myers, Trustees of the Mary Ann Myers Living Trust dated September 29, 1995. The full appraised value of the property is $240,000. One -half (1/2) of the total value is reported. Schedule G (Page 2) DOD Value of Asset & Interest $120,000.00 100.0000 Exclusion Taxable Value $120,000.00 Total (Carry forward to main schedule) $120,000.00 REV -1511 EXI (10.09) pennsylvania DEPARTMENT OF REVENUE INHERITANCE TAX RETURN RESIDENTDECEDENT ESTATE OF SCHEDULE H FUNERAL EXPENSES AND ADMINISTRATIVE COSTS Decedent's debts must be reported on Schedule I. FILE NUMBER ITEM NUMBER DESCRIPTION AMOUNT A. FUNERALEXPENSES: f Rolling Green Cemetery interment $1,395.00 Total from continuation schedules . . . . . . . . $13,012.73 B. ADMINISTRATIVE COSTS: 1. Personal Representative Commissions: Name(s) of Personal Representative(s) Street Address City State ZIP Year(s) Commission Paid: 2. Attorney Fees: $3,500.00 3. Family Exemption: (If Decedent's address is not the same as claimant's, attach explanation.) Claimant Street Address C 5. 6. 7. 1 2 City State ZIP Relationship of Claimant to Decedent Probate Fees: Accountant Fees: Tax Return Preparer Fees: William Davis real estate appraisal Steven King real estate appraisal Total from continuation schedules 9W46AG 2 000 If more space is needed, use additional sheets of paper of the same size. $325.00 $350.00 $218.45 Estate of: William G. Myers Schedule H Part 1 (Page 2) Item No. Description Amount 2 Parthemore Funeral Home funeral goods 6 services $9,772.27 3 Lower Allen VFW funeral luncheon $1,000.46 4 Gingrich Memorial gravesite marker $2,240.00 Total (Carry forward to main schedule) $13,012.73 Estate of: William G. Myers Schedule H Part 7 (Page 2) 3 Commonwealth of PA auto title changes $12.00 4 Cumberland Law Journal trust notice publication fee $75.00 5 Patriot -News trust notice publication fee $116.45 6 Register of Wills filing fees $15.00 Total (Carry forward to main schedule) $218.45 REV -1512 EX , (12 -06) pennsylvania CEPARTNEW OF REVENUE INHERITANCE TAX RETURN SCHEDULEI DEBTS OF DECEDENT, MORTGAGE LIABILITIES & LIENS Report debts Incurred by the decedent prior to death that remained unpaid at the date of death, including unreimbursed medical expenses. ITEM VALUE AT DATE NUMBER DESCRIPTION OF DEATH t. CHE Electric Bed medical bill $16.19 2 (Quest Diagnostic medical bill 3 (Pinnacle Health medical bill 6w46AH 2 .000 If more space is needed, insert additional sheets of the same size. $15.00 $450.00 REV -1513 EX. (01 -10) pennsylvania XPARTMEW OF REVENUE INHERITANCE TAX RETURN RESIDENT DECEDENT 1 SCHEDULE J BENEFICIARIES NAME AND ADDRESS OF PERSON(S) RECEIVING PROPERTY TAXABLE DISTRIBUTIONS [Include outright spousal distributions and transfers under Sec. 9116 (a) (1.2).j 1. Mary Ann Myers 101 Allendale Way Camp Hill, PA 17011 RELATIONSHIP TO DECEDENT Do Not List Trustee(s) Surviving Spouse FILE NUMBER: AMOUNT OR SHARE OF ESTATE $831,150.26 ENTER DOLLAR AMOUNTS FOR DISTRIBUTIONS SHOWN ABOVE ON LIKES 15 THROUGH 18 OF REV -1500 COVER SHEET, AS APPROPRIATE. II NON - TAXABLE DISTRIBUTIONS A. SPOUSAL DISTRIBUTIONS UNDER SECTION 9113 FOR WHICH AN ELECTION TO TAX IS NOT TAKEN: 1 See Attached iI B. CHARITABLE AND GOVERNMENTAL DISTRIBUTIONS: TOTAL OF PART II - ENTER TOTAL NON - TAXABLE DISTRIBUTIONS ON LINE 13 OF REV -1500 COVER SHEET. 9W46Ai 2.000 If more space is needed, use additional sheets of paper of the same size. 068.93 Estate of: William G. Myers Schedule J Part 2A (Page 1) Item No. Description Amount 1 William G. Myers Trust U/A dtd. 9/29/1995 f /b /o wife, Mary Ann Myers Schedule G, Item 1 Schedule G, Item 5 Schedule G, Item 6 Schedule G, Item 7 Schedule G, Item 8 Schedule G. Item 9 $357,048.93 LOCAL REGISTRAR'S CERTIFICATION OF DEATH WARNING: It is illegal to duplieate this copy by phatostat ar lahotograph f r_e tix the, eenlficate. `14),110 STN pF n 1111, rI ;deep 111 to ihr n l In ,hall h I n enroll 1)wdli 1( .ill a I.rlIlh i x pl �ht' .lull !III(! L ,d: t I ail ! 1 _ltilrn Hl' q, Rcom(is (It II c 1 puns Il:enl I1 ng P 18160162 �A99rE�`nF��P`1 44M1� 11 EBP22 Cer)ilicalion Number Load RLglh)t"I kku:: Item,? TYpe /FN ^t I^ COMMONWEALTH OF PENNSYLVANIA • DEPARTMENT OF NEALTN +VITAL RECORDS CERTIFICATF OF OEA11-41 al Dace e oDe+[M P) William G• M er 172 26 9413 Tanoar 30 2012 a.. Age -Last B',vue, (vas) 13b. under 1 Year se. Dntlat 1 D. s..... Ol elrtn (Me /D. Y/Ye+rl I.P.0 Mon<nj T n. gl-,ola<e It' .ne stet. .... rtlgn eounery) Month. D.v+ Noo. Ina Harriebur PA 79 August 26, 1932 Te. glsthph «ICOdnM au n 8a. Ra+ldanca ( <a t Forte {n Country) Bb.....donc. (sfraK.M Number - Inclutle Apt Ne.) Bc. Dltl D.catlen<4ve In+Tawnsnlpi Penneylvanla wee, d...cartllvedm Lower Allen 101 Allendale Way �' ee. n.+mene. (coonay) Cumberland o. (zlP Ceda 17011 D No. dd-tent Used wlmm 11-11..! <hyro ro. s.EwrM Ds Armes Fn.cen lo. M.rn.1 stay +a 11th. or D.ah ®M O wldow.e 1. s..rylWnaPOOae•. Name vane. glw name'nor so Rr+t not"...' w Yea ONo Owkne p.' -sea ON rr. ODnkno Mar Ann Dolb n w33. . F+tM1er's Nama (GIra4 Meddle 1a+4 suMx) Mother's Name Prier to Flr+t Marrlye (Fba, MI tlle, Las[I Howard Lowar M ere F. Louts¢ Berkhelmer 1 +e. mtorm.nrF N.me lab. Raaromnlp to D.aeam< Term+nt's M111m{ Address (St ea end Number, Ciy, state, Zip Code] Mar Al M of W1Ee Its, 101 Allendale W-1, C.-I Hill PA 17011 - -- - ........ - - I! Dean Ocntrcetl In a Ne.PR+I: InPOtlDea .... 11 Death ac ne. $om�wM1er pOther Tn.n a Hoe.It.l MW� ;Sis" Faclllty Dacetlen[y Meme Eme ant Poe .t1d. Dated o^ ArrlYel Nunl Mom. /Len -Term Care G+clll Co.- IEPec1Iy} I er Isb. GarJllty Name (If oaf In+thutlon, gNe afrtet Intl number: X. Clq er Town, Sb[e, and Zlp Cotle aunty oI a e D 2 101 Allendale Na Lower Allan TCIashi PA 17011 Cumberland I6a. Metnotl of Dlapeel<lon M M trematlon 1 b. Dale of Oleposl<lon 18c...... of Dlaposl<len INeme o(cemefery, crematory, of erne! Place) February O ROmeO. troy sna. M .... t.- 4, R011ing Green Cemetery VI 2 1 16d. LPCeHen o O4p (City or To en, state, antl 21p) "O's" 37 .. sl{n fE�uylloral 3a-. a Llcan... er Person In Cnerge O,rt- nant lfb. Vcan+e Number Lowar Allen PA 17' \ 17a. hi .... no Complata Addraasof 1111 -1 F.dlhy Parthemore FH b CS, Lrtc., P.O. Box 43 New Cumberland. PA 17070 18. Deaden['+ tluclflon -Check Nat pay tna art de +ciibeG [M11 9. OOC ... hTo Nlspanlc Ongln- Cn.ek<n. 20. Oecedont',Rs - - Check ONE OR MORE notes to lndlceta what nlMafdNlaeo sandal mmpletotl a<the time et dee[M1. sMat bait dacnbN- INooer In....... that decedent can.ldared hlmselt of nOhn is obe- StntZ!otll -of 1. pool. Cnecktne "N ®WM1lte ar... 0 N dl Phsml, 3 <h- 12th. -a. boy ll decedent 1. not spanbF /tllapanlytotlne. O Bl.eker African Amencen p na[n.ma+e O Nlgn +eFOd graduate of GED Completed ® ono[3p.nlsh /HhpanlpUl+tlno O Amencen lodran or Alo.ke Native OOth -Asl+n Some tally. credl4 but no tlyree OIs, .-.an.. -,.an Marlwn, ChIter. OAllan Indian Noll- Nawallon Q po. 1.a, -o-. {. Asa, ea) o ye+, puer<e Rican Chinese Guamanian or Ch.morro 8ecnobr'...onst (o.g. RA. qe' Bs) O Y..' Cuban O Samoa^ 'a dA.-(.,6. Ma Ms, M E ^L MEtl, MBW, MBA) e OY otha$p..I,W.I +sank /taps. .. + QI. Odrer PecIRC lalander er D e (.a. In., Edo) o r dne ..1-1 deal (5p.clM Co.-,... M DDS DVM Lul zl. D.a.a.nr. saI- De +I0nRlen - en.<k DNLy DNE m Inmut. what the daceaanf <onInct -d blm+af er na+.B to be. 22.. Dewdenes V Pa.l 0 -p.nen - Inmaa. qp. of work O wnhe O/N.ne.. OSamoan n. ulna moo of worialnt Bte. OD NOT tnEREn RED. d4P O Blackergl.lcon pmerlc.n [].Oran Q OtMf ae... Islander O£ WaYel'I011B ing O Allen an Indian or Alaska Native VIa^emey Q pon'f Knew /Net sure 0 41.n Indl+n Other Allen ...ad 326. Klntl of Busln.as/IndUi<ry O Chose. m Nwxe New.IUn O Other (SPa<IM Footwear M£g • 6 O FIIIPIno M G ..I.n or Cnomorro C i rd...nw Oao Mo aY f .signature Por.on pronouncing eo<M1 n Y w an oPP lu e 2 c. Lice n.e umber 8Y. {I<EON WNO PI<ONOVNC6 Olt PIEE -:5- .J4nIl YI N _ )1 2a. Tema of Daah y(/ G 294. Dote signed Mo /DOy rl ..d. .,.a �n O her 25. W.+Medlul Ex or COronor tectedi O Y Q CAUSE OF DEATM zs -v.reL E er the chain M. ._tlb...... Injuries. PBCatlono- -tn1< mr.e0y<au+m me death. DO NOT onto, terminal ew^ts+uch-- dais.rreet I pintexrnut• r.iplrotory ascot, or ventrlculaf Bbr1111t1 Itne t n M/ I INy. 00 ABBREVIATE. E only one cause on Hine. Add additional ll^ea 1f nenssa < Onset Death 11111{ IM CAV3E -- - - - - -a An`F'F �/� .EDIATE ( n Idle... o r<ondno- Dua In I., ........ 1- • //fg•- reaulang In death) D seq sly elf ondh Due to(or.. . con equ nc o/): Ifs odlrgtnthe xrt.e on nn...eEMer In. <. Duet l O...o1NG CAVBE to a+ o canoed..... oil: (net 1 r rl., the' I Lted the .uhing e. ? In aaltb)l+rF. n Due ma to (or a +e son +equ end: l s 28. P, -IL Eros, oTh- ra.nMUnt eanmtinn.e to d*,- but n or ra.ulnng In Me um.nirIns; ate gven In part ) zw.a an ,to PVl parOrmee7 Pl Y.+ M No 28. Were eutopay nndln {s -In able It wmPleb the clan ei d.aha rN O No 28. N FO : O TeB.cco V- Cesntnbvte to DeaM] 32. Mannar of Death Not Not PteBnant wllnln Peat Year p�yy - uru 1s N ura 0 Nemlcltle p prtansntattlms md.an pea O obw., M analog Not pregnant, but assonant WhTIM 42 days al tla.eM1 su cld.n[ t he 0 itle Could no[ be de erlminetl 32. Date of Infury (MO /DOy(Yn (SPall MenM) O N pro{n.n4 bIn pr. { ^.n[ +9 d+ ys to 3 yo+r bobrt death Q VnknoWn ltgNnlm Wltnln [Fa Part Ya.r 33.nme ollnlury 36. Fla.. of 11.1 a.{. no-.; o.horucnon Vt.; lean; +c del ds. Lacalon of Injury (sereaf... Number, City, nno. 21p Cedel 36. Injur . Work 37. NTr- portetlon lo,vO, SpoON: 38. Oeac sloe.. - Infury Occurred: O ve. p Dnxer /Operator p Pedestrian o No o p.......r o Other (BPe<Ifyl s9.. 1-11 doh on.): leer Cans no phY,.l -1. a be. of my k^e hoose, des sad du the se(.) and m stated O v ing 6 Certlfylng phy+lc mn the best of m owled {a o the tam 1, set and a Ind duo the c uW a stated e. ttFe o McClo1..aml her/ -on <na s or .Von, and/or B{a oM1 m nr Pmmn, death I.....eG at the Bma dote,. d PI-1. and ew t +.al. tee n" sign. a of C.= In. of rt In. c mte .r!4�a Vi'Y E 33b. . m.. d .-ea.. nd P co d. oe mPl.ury Ou.e !=m 26) Ne M L me° Tiu'.I. L 2rzs tl U ' /7 f- 7ot P-, g F r.Datr In' r - afar. a. MoD. --s7 43.4mendmeMs al Copy This LAST WILL prepared for WILLIAM G. MYERS JAMES, SMITH & DURKIN Attorneys -at -Law 134 Sipe Avenue Hummelstown, Pennsylvania 17036 (717) 533 -3280 FAX (717) 533 -2795 ® James, Smith & Durkin All Rights Reserved Last Will of WILLIAM G. MYERS Table of Contents Article One - Introductory Provisions ..... ............................... 1 Article Two - Appointment of My Personal Representatives 1 Article Three - Disposition of My Property . .. ............................... 2 Article Four - Death Taxes ............................................. 3 Article Five - General Provisions ......... ............................... 4 MySignature . ...................... ............................... 5 Signatures and Addresses of Witnesses . ..... ............................... 6 i Last Will of WILLIAM G. MYERS I, WILLIAM G. MYERS, a resident of Cumberland County, Pennsylvania, declare that this is my will. I hereby revoke all my previous wills and codicils. Article One Introductory Provisions Section 1. Marital Status I am currently married to MARY ANN MYERS, and all references to my spouse in this will are to her. Section 2. Children a. The name(s) and birth date(s) of my children: Name Birth date HOLLY MYERS HARBOLD January 13, 1961 JEFFREY W. MYERS January 19, 1963 LINDA D. MOWREY August 10, 1964 All references to my children in this instrument are to these children and any children subsequently born to or adopted by me. 1 Article Two Appointment of My Personal Representatives Section 1. Nomination of My Personal Representatives I appoint the following to be my Personal Representative: MARY ANN MYERS If for any reason the Personal Renresentative(s) named above are unable or unwilling to serve, the following successor Personal Representative(s) shall serve until the successor Personal Representative(s) on the list have been exhausted. Unless otherwise specified if Co- Personal Representatives are serving, the next following named successor Personal Representative shall serve only after all of the Co- Personal Representatives cease to act as Personal Representatives. (1) HOLLY MYERS HARBOLD; THEN (2) LINDA D. MOWREY; THEN (3) JEFFREY W. MYERS Section 2. Waiver of Bond No bond or undertaking shall be required of any Personal Representative nominated in my will. Section 3. General Powers My Personal Representative shall have full authority to administer my estate under the laws of the State of Pennsylvania relating to the powers of fiduciaries. My Personal Representative shall have the power to administer my estate under the Independent Administration of Estate Act. 2 Article Three Disposition of My Property Section 1. Distribution to My Revocable Living Trust I give all of my property of whatever nature and kind and wherever located to my revocable living trust of which I am the Trustor known as: WILLIAM G. MYERS and MARY ANN MYERS, Trustees, or their successors in trust, under the WILLIAM G. MYERS LIVING TRUST dated S F P p g 1995 and any amendments thereto Section 2. Alternate Disposition If my revocable living trust is not in effect for any reason, I give all of my property to my Personal Representative under this will as Trustee who shall hold, administer and distribute my property as a testamentary trust the provisions of which are identical to those of my revocable living trust on the date of execution of my will. Article Four Death Taxes Section 1. Definition of Death Taxes The term "death taxes" as used in my will shall mean all inheritance, estate, succession and other similar taxes that are payable by any person on account of that person's interest in the estate of the decedent or by reason of the decedent's death including penalties and interest but excluding the following: a. Any addition to the federal estate tax for any "excess retirement accumulation" imder Internal Revenue Code Section 4980A. 3 b. Any additional tax that may be assessed under Internal Revenue Code" Section 2032A. C. Any federal or state tax imposed on a generation - skipping transfer as that term is defined in the federal tax laws unless the applicable tax statutes provide that the generation - skipping transfer tax is payable directly out of the assets of my gross estate. Section 2. Payment of Death Taxes Pursuant to the terms of my revocable living trust all death taxes whether or not attributable to property inventoried in my probate estate shall be paid by the Trustee from that trust. However, if that trust does not exist at the time of my death or if the assets of that trust are insufficient to pay the death taxes in full, I direct my personal representative to pay any death taxes that cannot be paid by the trustee from the assets of my probate estate by prorating and apportioning those taxes among the beneficiaries of this will. Notwithstanding any other provision in my trust all death taxes incurred by reason of assets transferred outside of my trust or probate estate shall be assessed against those persons receiving such property. Article Five General Provisions Section 1. No Contest Clause If any person or entity other than me singularly or in conjunction with any other person or entity directly or indirectly contests in any court the validity of this will including any codicils thereto the right of that person or entity to take any interest in my estate shall cease and that person or entity shall be deemed to have predeceased me. Section 2. Captions The captions of Articles, Sections and Paragraphs used in this will are for convenience of reference only and shall have no significance in the construction or interpretation of this will. n Section 3. Severability Should any of the provisions of rr_y will be for any reason declared invalid such invalidity shall not affect any of the other provisions of this will, and all invalid provisions shall be wholly disregarded in interpreting this will. Section 4. Governing Law This will shall be construed, reguated and governed by and in accordance with the laws of the State of Pennsylvania. I signed this, my last will, on WILLIAM G. MYERS 5 The foregoing Will was, on the day and year written above, published and declared by WILLIAM G. MYERS in our presence to be his Will. We, in his presence and at his request, and in the presence of each other, have attested the same and have signed our names as attesting witnesses. We declare that at the time of our attestation of this Will, WILLIAM G. MYERS was, according to our best knowledge and belief, of sound mind and memory and under no undue duress or constraint. WITNESS Address: WITNESS Address: T STATE OF PENNSYLVANIA SS: COUNTY OF DAUPHIN We, WILLIAM G. MYERS, , and , the Testator and the witnesses, respectively, whose names are signed to the foregoing Will, having been sworn, declared to the undersigned officer that the Testator, in the presence of witnesses, signed the instrument as his last Will, that he signed, and that each of the witnesses, in the presence of the Testator and in the presence of each other, signed the Will as a witness. WILLIAM G. MYERS WITNESS WITNESS Subscribed and sworn before me by WILLIAM G. MYERS, the Testator, and by and , the witnesses on 1995. Notary Public My commission expires: 7 FIRST AMENDMENT AND RESTATEMENT TO THE WILLIAM G. MYERS LIVING TRUST DATED SEPTEMBER 29, 1995 FIRST AMENDMENT AND RESTATEMENT TO THE WILLIAM G. MYERS LIVING TRUST Article One Trust Creation Section 1. Parties to My Trust Amendment and Restatement This First Amendment and Restatement of my Living Trust is made between WILLIAM G. MYERS, the Trustor, and the following initial Trustee(s): WILLIAM G. MYERS MARY ANN MYERS Section 2. Trust Recitals Trustor and Trustee(s) entered into a trust agreement dated September 29, 1995. Under Article Four, Section 3. Trustor reserved the right to amend or revoke the trust agreement in whole or in part. By this amendment and restatement, Trustor desires to amend and restate the entire existing trust agreement and Trustee(s) agree to accept the changes set forth in this amendment and restatement. Section 3. Name of My Trust This trust may be referred to as the: WILLIAM G. MYERS LIVING TRUST, dated September 29, 1995 The formal name of my trust and the designation to be used for the transfer of title to the name of my trust is: WILLIAM G. MYERS and MARY ANN MYERS, Trustees, or their successors in trust, under the WILLIAM G. MYERS LIVING TRUST dated September 29, 1995 and any amendments thereto 1 -1 Section 4. Revocable Living Trust My trust is a revocable living trust. Section 5. Trustor as Trustee Unless otherwise provided in this trust agreement, when I am serving as Trustee under this trust, I may conduct business and act on behalf of my trust without the consent of any other Trustee. Section 6. My Family a. Marital Status I am currently married and my spouse's name is MARY ANN MYERS. All references to my spouse in this trust agreement are to her. b. The name(s) and birth date(s) of the children of WILLIAM G. MYERS are: Name Birth date HOLLY MYERS HARBOLD JEFFREY W. MYERS LINDA D. MOWREY January 13, 1961 January 19, 1963 August 10, 1964 All references to the children of WILLIAM G. MYERS in this instrument are to these children and any children subsequently born to or adopted by him. Section 7. Creation of Internal Revenue Code Section 401 (a)(9) Retirement Subtrusts Notwithstanding any other provision of my trust agreement, the irrevocable retirement subtrust of any Trust described in Article Seven is hereby deemed to be irrevocable upon execution of my trust agreement. Any such irrevocable retirement subtrust shall remain unfunded until funded at my death. 1 -2 Article Two The Trust Estate Section 1. Initial Transfer of Property I hereby assign, convey, transfer and deliver to my Trustee all property set forth on Schedule "A ", attached hereto, and made part of this trust agreement. My Trustee acknowledges receipt of all assets listed on the attached Schedule. All assets titled in the name of my trust or in the name of my Trustee, but not listed on Schedule "A ", shall be considered a part of my trust estate as if they had been set forth on the attached Schedule. Section 2. Additional Transfer of Property My Trustee is authorized to accept additional transfers of property interests of all kinds, at any time in any manner by me or any other person or entity. All property interests received by transfer, assignment, gift, bequest, devise or beneficiary designation shall become a part of my trust estate unless disclaimed by my Trustee. Section 3. Composition of Trust Property In addition to the property described in the previous Sections, my trust estate shall include the following: a. All insurance policies transferred to my trust or policies in which my trust is named as beneficiary plus the proceeds of those policies; b. Any interest in any pension, retirement or death benefit, bonus, profit - sharing or employee's savings plan or any similar contract created or entered into by an employer for the benefit of some or all employees which is transferred to my trust or in which my trust is named as beneficiary and all proceeds of any such benefit, bonus, plan or contract; and C. Any other property or interest in property which becomes subject to my trust. 2 -1 Section 4. Acceptance of Trust Property All property transferred to my trust and not disclaimed by my Trustee shall be held, administered and distributed according to the terms of this agreement. Section 5. Trust Property Schedule The trust property transferred to my trust is set forth on Schedule "A ". 2 -2 Article Three Appointment of Trustees Section 1. Definition of Trustee All references in this agreement to "Trustee" shall be deemed a reference to the person or entity who is then serving as Trustee and shall include alternate or successor Trustees or Co- Trustees unless the context requires otherwise. Section 2. Resignation of a Trustee Any Trustee may resign at any time without court approval by giving written notice to me or to my personal representatives. If I am not living, written notice shall be given to my successor Trustee, or if there is no successor, to the beneficiaries then entitled to receive income or principal distributions under this agreement, to their respective personal representatives, or if such beneficiaries then be minors, to the persons having the care or custody of them. Section 3. Removal of a Trustee Any Trustee may be removed under this agreement as follows: a. While I am Both Alive and Competent While I am both alive and legally competent, I shall have the right to remove any Trustee appointed under this agreement at any time with no requirement that the removed Trustee receive any reason for such termination. b. Removal by Others After my death or legal incompetency, any Trustee may be removed by a majority vote of the beneficiaries then entitled to receive income or principal distributions under this trust agreement or their personal representatives at any time for cause. C. Notice to Removed Trustee Written notice of removal under this agreement shall be effective immediately when signed by the person or persons authorized to make the removal and delivered to the Trustee personally or deposit by United States certified mail, 3 -1 return receipt requested. The written notice removing a Trustee shall designate a successor Trustee. d. Transfer of Trust Property The Trustee so removed shall promptly transfer and deliver to the successor Trustee all property of the trust under its possession and control. Section 4. Designated Successor Trustees Whenever a Trustee is removed, dies, resigns, becomes legally incapacitated or is otherwise unable or unwilling to serve, that Trustee shall be replaced as follows: a. The Death or Disability of a Trustee While I am Serving as Trustee I may serve as the only Trustee or I may name any number of Trustees to serve with me. If any of these other Trustees subsequently die, resign, become legally incapacitated or are otherwise unable or unwilling to serve as a Trustee, I may or may not fill the vacancy. b. Disability Trustees of WILLIAM G. MYERS Upon the disability of WILLIAM G. MYERS, if he is then serving as an initial Trustee he shall be replaced by the following Disability Trustee(s): MARY ANN MYERS If, for any reason, the Disability Trustee(s) named above are unable or unwilling to serve, the following successor Disability Trustee(s) shall serve until the successor Disability Trustee(s) on the list have been exhausted. Unless otherwise specified, if Co- Disability Trustees are serving, the next following named successor Disability Trustee shall serve only after all of the Co- Disability Trustees cease to act as Trustees. (1) HOLLY MYERS HARBOLD; THEN (2) LINDA D. MOWREY; THEN (3) JEFFREY W. MYERS 3 -2 C. Death Trustees of WILLIAM G. MYERS Upon the death of WILLIAM G. MYERS, if he is then serving as an initial Trustee he shall be replaced by the following Death Trustee(s): MARY ANN MYERS If, for any reason, the Death Trustee(s) named above are unable or unwilling to serve the following successor Death Trustee(s) shall serve until the successor Death Trustee(s) on the list have been exhausted. Unless otherwise specified, if Co -Death Trustees are serving the next following named successor Death Trustee shall serve only after all of the Co -Death Trustees cease to act as Trustees. (1) HOLLY MYERS HARBOLD; THEN (2) LINDA D. MOWREY; THEN (3) JEFFREY W. MYERS Section 5. Definition of Disability A Trustee shall be considered disabled in the event that a court of competent jurisdiction determines that such Trustee is legally incompetent, or in the event that a Trustee is not adjudicated incompetent but, by reason of illness or mental disability, such Trustee has been certified by two licensed physicians to be unable to properly handle his or her own affairs. Section 6. No Designated Successor Trustees If at any time there is no Trustee acting under this agreement and there is no person or institution designated and qualified as a successor Trustee, a majority of the beneficiaries then eligible to receive distributions of income or principal under this agreement or their legal representatives shall appoint a successor Trustee. If any trust existing under this agreement lacks a Trustee and no successor is appointed pursuant to this Section, the vacancy shall be filled by a court,of competent jurisdiction. Section 7. Responsibility of Successor Trustees A successor Trustee shall have the same rights, powers, duties, discretion and immunities as if it had been named as initial Trustee under this agreement. No successor Trustee shall be personally liable for any act or failure to act of any predecessor Trustee or shall have any duty to examine the records of any earlier Trustee. A successor Trustee may accept the account 3 -3 rendered and the property delivered by or on behalf of a predecessor Trustee as a full and complete discharge of the duties of the predecessor Trustee without incurring any responsibility or liability for so doing. 3 -4 Article Four Trustor's Lifetime Rights Section 1. Rights While I am Alive and Legally Competent During my lifetime while I am legally competent, I shall have the following powers over the trust property and my Trustee: a. Right to Trust Income My Trustee shall pay to me or apply for my benefit all the net income from this trust monthly or in other convenient installments as I may direct. b. Right to Trust Principal My Trustee shall pay to me or apply for my benefit such sums from the principal of this trust as I may direct. I may not, however, direct my Trustee to make gifts from trust property to third parties. If my Trustee inadvertently makes a distribution I intended as a gift directly from the trust to a third party, that distribution shall be construed as a distribution to me first then a gift to the third party from me. C. Right to Add and Remove Property By written direction delivered to my Trustee, I may add other property to my trust or withdraw property in any amount and at any time. d. Right to Amend or Revoke My Trust Except as to the irrevocable Family and Survivor's Retirement Subtrusts, while I am alive, I may at any time or times, by written notice filed with my Trustee, amend any provision hereof or revoke my trust agreement in whole or in part. e. Delivery of Property After Revocation After any revocation or termination of any trust created by this agreement my Trustee shall promptly deliver the designated trust property to me. !mil E Trustee's Retention of Assets Upon Revocation In the event of any revocation of all or part of my trust, my Trustee shall be entitled to retain sufficient assets to reasonably secure the payment of liabilities my Trustee has lawfully incurred in administering the trust and any fees that have been earned by my Trustee until such time as those liabilities have been discharged and fees paid, unless I indemnify my Trustee against loss or expense. Section 2. Power to Direct Investments I shall have the right to direct investments of trust property as follows: a. Invest trust funds in specified securities, properties or other forms of investment; b. Retain as part of the trust estate for specified periods of time securities, properties or other forms of investment held in trust under this instrument; and C. Sell, encumber, lease, abandon or dispose of any trust property. My Trustee shall not be liable for any losses sustained as a direct or indirect result of any action taken in accordance with the terms of the written direction. All directions shall be in a writing signed by me, specifying, if applicable the period of time during which the instructions shall remain in effect and describing any other conditions affecting the directions. Section 3. Trustor's Rights During Disability a. Disability Defined I shall be considered disabled in the event a court of competent jurisdiction determines that I am legally incompetent or, in the event that I am not adjudicated incompetent but by reason of illness or mental disability, I am in the opinion of two licensed physicians unable to properly handle my own affairs. b. Income and Principal Distributions My Trustee during the period of a a Trustor's disability shall pay to or apply for that Trustor's benefit as much of the net income and principal of my trust estate as my Trustee in its sole discretion shall deem necessary or advisable. 4 -2 C. Payment of Obligations My Trustee during the period of my disability shall from time to time, pay my valid obligations, my medical expenses and provide for my comfortable maintenance and welfare taking into consideration my other income or resources. d. Income and Principal Distributions for Spouse My Trustee shall pay to or apply for the benefit of my spouse as much of the principal and net income of my trust estate as my Trustee in its sole discretion shall deem necessary or advisable from time to time for my spouse's health, maintenance, support and education, taking into consideration her other income or resources. C. Trustee Guidelines In making distributions under this Section my Trustee shall give primary consideration to my needs and secondary consideration to the needs of my spouse. f. Tax Planning During my life if I should become disabled, my Trustee may exercise the following powers as attorney in fact on my behalf, either alone or in conjunction with any other attorney in fact under a durable power of attorney, but the primary concern of my Trustee shall be for my welfare and secondarily for the welfare of my lineal descendants for tax planning: 1. My Trustee may make additional distributions to my lineal descendants equally by class for the purpose of continuing any gift program initiated by me which my Trustee reasonably determines will achieve beneficial results for estate and/or income tax planning purposes. 2. My Trustee may initiate a gift program on my behalf which my Trustee reasonably determines will achieve beneficial results for estate and/or income tax planning purposes by making distributions to my lineal descendants equally by class so long as such distributions are made in the form which qualify for and are limited to the annual exclusion for federal gift tax purposes. 4 -3 3. During any period when I am disabled, my Trustee shall be under no obligation to initiate, recommend or consider any tax planning objective or program for me and any exercise of its discretion in this regard when conducted in good faith shall not subject it to liability to any person affected thereby. Section 4. Exercise of Trustor's Rights and Powers by Others Any right or power that I could exercise personally under the terms of this agreement except the power to amend, revoke or terminate any trust created by this agreement may be exercised for and on behalf of me by any attorney in fact who, at the time of the exercise, is duly appointed and acting for me under a valid and enforceable durable power of attorney executed by me or, if there is no such attorney in fact, by my duly appointed and acting conservator after petition to a court of competent jurisdiction. The power to amend, revoke or terminate any trust created by this agreement is personal to me and may not be exercised by any other person or entity. Section 5. Rights Concerning Standby Property It is contemplated that certain assets may be added to the trust estate from time to time with the possession and control thereof retained by or redelivered to me. If I execute and deliver to my Trustee an instrument effectively transferring such assets to my Trustee together with any further documentation necessary to effect the record transfer thereof, in the event of my death or incapacity the assets shall be deemed to be assets of the trust estate and held by me as the nominee of my Trustee. During the period such assets are in my possession they shall be subject to the following terms and conditions: a. I may receive directly and devote to my own use and benefit any dividends, interest, income or distributions from or upon such assets and neither I nor my Trustee shall have any duty of accounting to the other or to any other person with regard thereto. b. Any sale, exchange or other transfer of such assets by me shall constitute a withdrawal of such assets from the trust estate and my Trustee shall have no further interest therein or duties with regard thereto. Though not a condition precedent to any such withdrawal, I agree to notify my Trustee of all such withdrawals. ., C. I shall be responsible for the reporting of the income from such assets to the appropriate taxing authorities and my Trustee shall have no responsibility for including such income on any fiduciary returns prepared by it or for the preparation of any other income tax return with respect thereto unless I duly notify my Trustee of such income items and a full and adequate accounting thereof is made and presented to my Trustee. d. I shall protect and indemnify my Trustee against all losses, liabilities and expenses which may result directly or indirectly from my use, possession, management or control of such assets. C. Upon my death or incapacity, my Trustee shall be entitled to the possession thereof and thereafter shall have all the rights, powers and duties with respect to such assets which are otherwise granted to my Trustee herein. Il is understood that my Trustee shall be responsible only for the assets which actually come into its possession and control. However, it is also understood that my Trustee shall use any reasonable and prudent means to secure possession of any trust assets of which it has knowledge. My Trustee shall have no duty, accountability or responsibility to me or to any other person with respect to any assets of which it has no knowledge or of which it is unable to obtain possession and control. Section 6. Trustor/Trustee Bank Accounts It is contemplated that I may establish a joint bank account or accounts with my Trustee and create powers of attorney in respect thereof in other persons. Deposits from time to time made by me or other authorized persons into such an account shall constitute transfers to the trust estate and withdrawals therefrom which may be made without the co- signature of my Trustee shall constitute withdrawals from the trust estate. However, my capacity and other authorized persons with respect to any such account shall be that of nominee of my Trustee not co- owner. At any given time the trust estate shall include the then balance of any such account. 4 -5 Section 7. Life Insurance Policies and Retirement Plans Unless otherwise provided in this trust agreement or elsewhere, I shall have all powers over life insurance policies and retirement benefits owned by or made payable to my trust, including the following: a. Payment of Premiums I shall be responsible for the payment of premiums and other charges on each policy or insurance owned by or made payable to my trust. My Trustee shall have no duty to make any payment or be responsible to determine whether such payments have been made. b. Custody of Policies My Trustee shall not be responsible for the custody or safekeeping of any life insurance policy before its actual delivery to my Trustee nor after its withdrawal by its owner. C. Change Beneficiaries I shall have the right to change the beneficiary and to receive any dividends or other earnings of such policies or plans without accountability therefor to my Trustee or any beneficiary in this agreement. d. Assignment I may assign any policy or plan benefits to any lender to the extent allowed by law including my Trustee as security for any loan to me or any other person. e. Surrendered Policies If any life insurance policy is surrendered or if the beneficiary of any policy is changed, this trust agreement shall be revoked with respect to such policy. However, no revocation of the trust with respect to any policy whether pursuant to the provisions of the preceding sentence or otherwise shall be effective unless the surrender or change in beneficiary of the policy is accepted by the insurance company. Section 8. Undistributed Net Income Any net income not distributed under the provisions of this Article shall be added to the trust principal. HEI Article Five Trust Administration Upon My Death Section 1. Trustees Discretion to Pay My Debts and Taxes After my death my Trustee in its sole discretion may pay all or any part of my following expenses, debts, claims and taxes becoming due or payable by reason of my death: a. My final medical expenses and all funeral costs; b. Legally enforceable claims against me or my estate; C. Reasonable expenses of administration of this trust and my probate estate, if any; d. Any allowances mandated by a court of competent jurisdiction to those dependent upon me; e. Any estate, inheritance, succession, death or similar taxes payable by reason of my death; and f Any penalties or interest on any of the above claims, debts or taxes owed by me or my estate. Section 2. Payment by My Trustee or by My Personal Representative My Trustee in its sole discretion may make distributions authorized under this Article either directly to the person or entities to whom payment is owed or to the personal representative of my probate estate. Written statements by my personal representative that such sums are due and, payable by my estate shall be sufficient evidence of their amount and propriety for the protection of my Trustee. My Trustee shall be under no duty to see to the application of any such payments made to my personal representative. Section 3. Tax Elections With regard to the payment of any income tax, gift tax, estate tax, inheritance tax or any other tax required because of my death, my Trustee shall have the right to make any available elections allowed under the law. My Trustee is authorized to sign and file any tax return required because of my death. 5 -1 Section 4. Payment of Death Taxes, Claims and Expenses a. Payment out of Trust Property All death taxes, claims and expenses payable under the provisions of this Article shall be paid by my Trustee out of the trust estate except as specifically provided for elsewhere in this agreement. b. Exception for Property Passing Outside of Trust Notwithstanding any other provision in my trust all death taxes, claims and expenses incurred by reason of assets passing outside of my trust or probate estate shall be assessed against those persons receiving such property. C. No Payment from Survivor's Share Notwithstanding any other provision in my trust unless all other assets available to my Trustee have been exhausted, all death taxes, claims and expenses payable under the provisions of this Article shall not be paid from the Survivor's Trust as defined in Article Eight or from any property passing to my surviving spouse that qualifies for the federal estate tax marital deduction. 5 -2 Article Six Specific Distributions of Trust Property Section 1. Fractional Gift of Income in Respect of a Decedent After my death, my Trustee shall distribute a fraction of all items of income in respect of a decedent of my trust estate to the Survivor's Trust. Any income in respect of a decedent not distributed to the Survivor's Trust shall be distributed to the Family Trust to the extent such allocation will not fund the Family Trust in an amount which exceeds my Unified Credit Equivalent. The fraction to be distributed to the Survivor's Trust shall be determined by dividing my Surviving Spouse's Unused Unified Credit Equivalent reduced by the balance of my Surviving Spouse's then taxable estate, after taking account of all property passing which is includable in my gross estate, other than by any form of Beneficiary Designation, by the value of all items of income in respect of a decedent in my trust estate or received by my Trustee due to my death. Section 2. No Other Specific Distributions My Trustee shall make no other specific distributions of trust property to any beneficiaries under this trust agreement upon my death. All distributions of trust property shall be made in the Articles that follow. 6 -1 Article Seven Division into Survivor's Trust and Family Trust Section 1. Division of the Trust Estate Upon my death my Trustee shall allocate and distribute the remaining trust estate including any property that becomes distributable or payable to my Trustee at my death into two separate shares to be identified as the Survivor's Share and the Family Share. a. Property Transferred to the Survivor's Share The Survivor's Share shall consist of assets having a value equal to the unlimited federal estate lax marital deduction allowable to my estate, subject to the following: 1. The Survivor's Share shall be reduced by the net value for federal estate tax purposes of all other property that passes or has passed to my Surviving Spouse under my trust agreement, my probate estate or otherwise that qualifies for the federal estate tax marital deduction; 2. The Survivor's Share shall be reduced by all federal estate tax deductions actually allowed other than the marital deduction; 3 The Survivor's Share shall be reduced by the amount if any needed to increase my taxable estate for federal estate tax purposes to the largest amount that, after allowing for the unified credit against federal estate tax, will result in the smallest if any federal estate tax being imposed on my estate; 4. The Survivor's Share shall be reduced by the credit for state death taxes available to my estate to the extent that the use of that credit does not result in or increase any death tax payable to any state; and 5. The Survivor's Share shall be reduced by any other allowable credits available to my estate except the credit for tax on prior transfers from a "transferor ", as defined in Code Section 2013, who dies within two years after 7 -1 the date of my death but only to the extent that those credits do not disqualify this gift from receiving the marital deduction. 6. Notwithstanding any other provision in this Section, the Survivor's Share shall never have assets with a value less than the maximum amount of the unified credit against the federal estate tax as of the date of my death, unless the value of my Surviving Spouse's trust property less all liabilities and my gross estate less all allowable deductions except the federal estate tax marital deduction, is less than the maximum value of the unified credit against the federal estate tax, in which case the entire amount of my trust property shall be allocated to the Survivor's Share. For purposes of calculations under this subsection, the Survivor's Share shall be reduced by the value of other property passing to it under my trust agreement, my probate estate or otherwise that qualifies for the federal estate tax marital deduction. b. Survivor's Share to be Administered as Survivor's Trust The Survivor's Share shall be held, administered and distributed according to the provisions of the Survivor's Trust as set forth in Article Eight of my trust agreement. My Trustee, however, shall allocate to a separate irrevocable subtrust of the Survivor's Trust, to be known as the Survivor's Retirement Subtrust, all assets to be received by reason of any Beneficiary Designation. Except for the irrevocability of the Survivor's Retirement Subtrust, my Trustee shall administer the Survivor's Trust and the Survivor's Retirement Subtrust with like effect as if each, separately, were the Survivor's Trust. C. Property Transferred to the Family Share The Family Share shall consist of all assets not distributed to the Survivor's Share. d. Family Share to be Administered as Family Trust The Family Share shall be held, administered and distributed according to the provisions of the Family Trust as set forth in Article Nine of my trust agreement. My Trustee, however, shall allocate to a separate irrevocable subtrust of the Family Trust, to be known as the Family Retirement Subtrust, all assets to be received by reason of any Beneficiary Designation. Except for the irrevocability of the Family Retirement Subtrust my Trustee shall administer the 7 -2 Family Trust and the Family Retirement Subtrust with like effect as if each, separately, were the Family Trust. f. Administration of Irrevocable Retirement Subtrusts under Internal Revenue Code Section 401(a)(9) Any irrevocable retirement subtrusts created under this Section shall be held, administered, divided and distributed in accordance with the provisions outlined in this Section; provided, however, that my Trustee, in its sole discretion, may continue the method of distribution from such plans which was being used by me prior to my death. Section 2. Allocation and Valuation of Assets In allocating assets between the Survivor's Share and the Family Share, my Trustee shall allocate the trust assets that qualify for the marital deduction between the Survivor's Share and the Family Share in cash or in kind or partly in each on a pro rata or non pro rata basis and in undivided interests or not, subject, however, to the following: a. Qualification for Marital Deduction Only assets that qualify for the marital deduction shall be allocated to the Survivor's Share. b. Valuations of Allocations in Kind Assets allocated in kind shall be deemed to satisfy the marital deduction amount on the basis of their values as finally determined for federal estate tax purposes provided, however, that my Trustee shall act impartially, consistent with equitable principles requiring impartiality among beneficiaries, in allocating assets in satisfaction of the marital deduction share so that any distribution of assets in satisfaction of the marital deduction share shall be made of assets including cash fairly representative of appreciation or depreciation in the value of all property thus available for distribution. C. Income The Survivor's Share shall be entitled to a pro rata share of the income earned on my residuary probate and trust assets from the date of my death, including a share of income earned on assets used to discharge liabilities. 7 -3 d. Foreign Death Tax Credit My Trustee shall not allocate assets that qualify for the foreign death tax credit to the Survivor's Share unless all other assets or interests available for allocation have been so allocated. e. Insurance on the Life of My Surviving Spouse My Trustee shall not allocate any policy of insurance on the life of my Surviving Spouse to the Survivor's Share that is my separate property. f. Insurance on the Lives of Others Any incidents of ownership to a policy of insurance on the life of a person other than me shall be allocated to the Family Share. g. Lack of Property to Fully Fund the Survivor's Share If there is insufficient property qualifying for the federal estate tax marital deduction to fully fund the Survivor's Share, the funding to the Survivor's Share shall be reduced accordingly. Section 3. Intention that Survivor's Share Qualify for Marital Deduction I intend that the Survivor's Share qualify for the federal estate tax marital deduction and this agreement shall be construed accordingly. All other provisions of my trust agreement shall be subordinate to that intent. If the granting of any right, power, privilege, authority or immunity to my 'trustee or another person and the imposition of any duty upon my Trustee or another person by any provision of my trust agreement would disqualify any share or interest of a beneficiary hereunder from qualifying for the federal estate tax marital deduction provided by Section 2056 of the Code, such provision shall be ineffective if and to the extent that the same if effective would so disqualify such share or interest. The provisions of this Section shall also apply to my probate estate, personal representative and all beneficiaries, devisees and legatees. Notwithstanding any other provision in my trust agreement to the contrary, my Surviving Spouse at any time shall have the right to direct my Trustee in writing to convert within a reasonable time any unproductive trust property to income producing property. Section 4. Disclaimer of Property Any property or portion of property that is disclaimed by my Surviving Spouse shall be held, administered, or distributed according to the following terms: 7 -4 a. Property Disclaimed My Surviving Spouse may disclaim any property held or distributed to or for the benefit of my Surviving Spouse under my trust agreement. b. Time to Disclaim My Surviving Spouse may disclaim within the time limits and under the conditions permitted by the laws regulating disclaimers. C. Delivery of Disclaimer to My Trustee A disclaimer by my Surviving Spouse may be exercised by the delivery to my Trustee of an irrevocable and unconditional refusal to accept any or all property interests passing to my Surviving Spouse or the Survivor's Share. d. Disclaimer of Survivor's Share If my Surviving Spouse exercises a disclaimer with respect to any or all property set aside as the Survivor's Share, such disclaimed interest shall be added to the Family Share. e. Disclaimer of Family Share If my Surviving Spouse exercises a disclaimer with respect to any or all property set aside as the Family Share, such disclaimed interest shall be distributed under the relevant terms of this agreement as though my Surviving Spouse had predeceased me. Section 5. Retirement Accounts If my Trustee is named the beneficiary of an interest in one or more plans which are qualified under Code Section 401 or one or more Individual Retirement Accounts qualified under Internal Revenue Code Section 408 (hereinafter "Retirement Accounts "), then my Trustee shall allocate the benefits payable from such Retirement Accounts to the Survivor's Trust (or a share hereunder) without underfunding the Family Trust, if possible. Furthermore, if one or more Retirement Accounts are distributed to the Survivor's Trust in installment payments, the following provisions shall apply: 7 -5 a. Amount To Be Distributed My Trustee shall pay to or apply for the sole benefit of my Surviving Spouse, at least quarterly, the greater of (i) all of the net income earned by the Retirement Account, or (ii) the amount required to be distributed from such Retirement Account under Code Section 401(a)(9). My Trustee shall take all of the necessary action to cause the Retirement Account to distribute to the Survivor's Trust the amount required to be distributed to the Surviving Trustor under this paragraph. b. Qualifying Income Interest My Trustee shall take all of the necessary action to assure that the interest of my Surviving Spouse qualifies as a qualifying income interest for life pursuant to Code Section 2056(b)(7). C. Principal and Income Allocation My Trustee shall allocate to the income of the Survivor's Trust all of the net income earned by the Retirement Account and paid to that trust regardless of whether the Retirement Account is allocated to principal for trust accounting purposes. My Trustee shall allocate to principal of the Survivor's Trust all other distributions from the Retirement Account. d. Underproductive Property The Surviving Spouse shall have the power to direct my Trustee to compel any Retirement Account from which distributions are made to the Survivor's Trust to be invested in income - producing assets. C. Power to Accelerate Distributions My Trustee shall elect an option under each Retirement Account which allows my Trustee in its discretion to accelerate distributions and to receive one or more lump sum payments from such Retirement Account so that my Trustee has the flexibility to withdraw principal in its discretion from the Retirement Account. If such an option is not available under the Retirement Account, my Trustee shall take all of the necessary action to cause such Retirement Account to be transferred to an Individual Retirement Account which offers such flexibility and which is titled in the participant's name and is qualified under Code Section 408; provided however, that such transfer is not treated as a taxable distribution for income tax purposes. 7 -6 Article Eight Survivor's Trust Section 1. Rights of Surviving Spouse in the Survivor's Trust My Trustee shall hold, administer and distribute the assets of Survivor's Trust as follows: a. Payment of Income My Trustee shall pay to or apply for the benefit of the surviving spouse so long as the surviving spouse lives the entire net income of the Survivor's Trust in monthly or other convenient installments agreed upon by the surviving spouse and my Trustee, but not less often than annually. If my Trustee is entitled to payments from any Retirement Account, it shall allocate to income from payments received in any calendar year an amount equal to the income earned by the account in such year, and any excess shall be allocated to principal, and if the payments in such year shall be less than the amount equal to the income earned by the account in such year, my surviving spouse shall have the continuing right to require my Trustee to withdraw from the account and pay to him/her as income an additional amount so that he /she can be paid an amount equal to such income. Notwithstanding the preceding sentence, if the Internal Revenue Service should determine that for the Survivor's Trust to qualify for the marital deduction all of the income earned by the account does not have to be distributed to my surviving spouse or be subject to his/her withdrawal right, then only the amount required for such qualification shall thereafter be distributed to him/her or be subject to his/her withdrawal right. b. General Power of Appointment Over Undistributed Net Income Upon the death of the surviving spouse, my Trustee shall distribute all of the trust property, including the trust principal and accrued and undistributed income, to any person or entity and upon any trust, terms and conditions, or to or in favor of the estate of the surviving spouse as the surviving spouse may direct by his or her last will or living trust agreement. No exercise of this general power of appointment shall be effective unless it refers to this trust agreement and expressly indicates an intention to exercise this general power of appointment. My Trustee may rely upon any instrument admitted to probate as the last will of the surviving spouse in carrying out the terms of the power of appointment and shall not be liable for any good faith act in reliance upon that M1 will even if for any reason it is later determined to be invalid with respect to its purported exercise of this power of appointment. If my Trustee receives no notice of the existence of a will of the surviving spouse within six (6) months after the death of the surviving spouse, my Trustee may distribute the trust assets and income as though this power of appointment had not been exercised and shall in that event be conclusively presumed to have acted in good faith, even if a valid will is thereafter discovered. C. Discretionary Payment of Principal At any time or times during the trust term my Trustee shall pay to or apply for the benefit of the surviving spouse so much of the principal of the Survivor's Trust as my Trustee deems proper for the surviving spouse's health, maintenance, support and education. In exercising discretion my Trustee shall give the consideration that my Trustee deems proper to all other income and resources then readily available to the surviving spouse for use for these purposes that are then known to my Trustee. d. Limited Power of Appointment By either a last will or by a living trust agreement the surviving spouse shall have the limited testamentary power to appoint to or for the benefit of my descendants some or all of the principal and any accrued but undistributed net income of Survivor's Trust as it exists at the death of the surviving spouse. The surviving spouse may appoint trust assets under this limited testamentary power among my descendants in equal or unequal amounts, either directly or in trust as the surviving spouse directs. This limited testamentary power of appointment shall not be exercised in favor of the surviving spouse's estate, the creditors of the surviving spouse, the creditors of the surviving spouse's estate or in any way which would result in any economic benefit to the surviving spouse. Section 2. Trustee's Discretion to Pay Debts and Taxes The Survivor's Trust shall terminate upon the death of the surviving spouse. My Trustee, shall hold and administer the unappointed balance or remainder of the Survivor's Trust as follows: a. Surviving Spouse's Debts and Taxes My Trustee, in its sole discretion, may pay all or any part of the surviving spouse's following expenses, debts, claims and taxes becoming due or payable by reason of the surviving spouse's death: 8 -2 1. Final medical expenses and all funeral costs; 2. Legally enforceable claims against the surviving spouse or the surviving spouse's estate; 3. Reasonable expenses of administration of this trust and the surviving spouse's probate estate if any; 4. Any allowances mandated by a court of competent jurisdiction to those dependent upon the surviving spouse; 5. Any estate, inheritance, succession, death or similar taxes payable by reason of the death of the surviving spouse; and 6. Any penalties or interest on any of the above claims, debts or taxes owed by the surviving spouse or the surviving spouse's estate. Section 3. Payment by My Trustee or Personal Representative My Trustee in its sole discretion may make distributions authorized under this Article either directly to the person or entities to whom payment is owed or to the personal representative of the surviving spouse's probate estate. Written statements by the surviving spouse's personal representative that such sums are due and payable by the estate shall be sufficient evidence of their amount and propriety for the protection of my Trustee. My Trustee shall be under no duty to see to the application of any such payments made to the surviving spouse's personal representative. Section 4. Tax Elections With regard to the payment of any income tax, gift tax, estate tax, inheritance tax or any other tax required because of the death of the surviving spouse, my Trustee shall have the right to make any available elections allowed under the law. My Trustee is authorized to sign and file any tax return required because of the death of the surviving spouse. Section 5. Administration of Survivor's Trust Remainder After payment of debts, expenses and taxes, my Trustee shall hold and administer the unappointed balance or remainder of the Survivor's Trust as provided in the Articles that follow. M Article Nine Family Trust Section 1. Rights of Surviving Spouse in the Family Trust My Trustee shall hold, administer and distribute the assets of the Family Trust as follows: a. Payment of Income My Trustee shall pay to or apply for the benefit of my surviving spouse so long as my surviving spouse lives the entire net income of the Family Trust in monthly or other convenient installments agreed upon by my surviving spouse and my Trustee but not less often than annually. b. Discretionary Payment of Principal At any time or times during the trust term my Trustee shall pay to or apply for the benefit of my surviving spouse so much of the principal of the Family Trust as my Trustee in its discretion deems proper for their health, maintenance, support and education. C. Guidelines for Trustee's Discretion In exercising discretion my Trustee may pay to or apply more for some beneficiaries than for others and may make payments to or for one or more beneficiaries to the exclusion of others. However, my Trustee shall at all times give primary consideration to my surviving spouse's needs and only thereafter to my descendants. No amount paid or applied need thereafter be repaid to my Trustee or restored to my trust. In exercising discretion my Trustee shall give the consideration that my Trustee deems proper to all other income and resources that are known to my Trustee and thalt are readily available to the beneficiaries for use for these purposes. My Trustee shall accumulate and add to principal any net income not distributed. d. Surviving Spouse's Right to Withdraw Principal My surviving spouse shall have the power to withdraw from the Family Trust principal each calendar year those amounts that shall not exceed the greater of five thousand dollars ($5,000) or five (5) percent of the assets valued as of the end of the preceding calendar year. My surviving spouse shall exercise this 9 -1 power by a written instrument signed by him or her and delivered to my Trustee. This power is noncumulative and to the extent it is not exercised by the end of January of each calendar year it shall lapse. This power shall exist each year until the death of my surviving spouse. Section 2. Limited Power of Appointment By either a last will or by a living trust agreement my surviving spouse shall have the limited testamentary power to appoint to or for the benefit of my descendants some or all of the principal and any accrued but undistributed net income of the Family Trust as it exists at the death of my surviving spouse. My surviving spouse may appoint trust assets under this limited testamentary power among my descendants in equal or unequal amounts either directly or in trust as my surviving spouse directs. This limited testamentary power of appointment shall not be exercised in favor of my surviving spouse's estate, the creditors of my surviving spouse, the creditors of my surviving spouse's estate or in any way which would result in any economic benefit to my surviving spouse. Section 3. Termination of the Family Trust On the death of my surviving spouse, the Family Trust shall terminate. All unappointed and undistributed trust assets including any accrued and undistributed net income, shall be held, administered and distributed in the Articles that follow. 9 -2 Article Ten Common Pot Trust After the death of the Trustor my Trustee shall not create a Common Pot Trust. All trust property that has not been distributed under prior Articles of this trust agreement shall be held, administered, divided and distributed according to the provisions of the Articles that follow. 10 -1 Article Eleven Division and Distribution of Trust Property Section 1. Division of Trust Property Into Shares My Trustee shall divide all trust property not previously distributed into separate shares of equal market value as follows: a. One Share for Each Living Child My Trustee shall create one share for each of my then living children. b. One Share for Each Deceased Child My Trustee shall create one share for each of my deceased children who has then living descendants. Section 2. Distribution of Trust Shares for My Living Children The trust share of each of my children who survive me shall be held, administered and distributed as follows: a. Distribution of Net Income and Principal My Trustee shall promptly distribute, free of the trust, all accumulated net income and principal of the trust share to each of my living children who survive me. b. Distribution Upon Death of a Child Who Survives Me If any child who survives me, dies before the complete distribution of his or her trust share, that child's trust share shall terminate and my Trustee shall distribute the balance of the trust property to such child's then living descendants, per stirpes. If such deceased child has no then living descendants, my Trustee shall distribute the balance of the trust property to my then living descendants, per stirpes. If I have no then living descendants, my Trustee shall distribute the balance of the trust property as provided for in the Articles that follow. 114 Section 3. Distribution of Trust Share for Descendant of Deceased Child My Trustee shall promptly distribute, free of the trust, all accumulated net income and principal of the trust share set aside for each of my deceased children to their descendants, per stirpes. If any such descendant dies before the complete distribution of his or her trust share, that descendant's trust share shall terminate and my Trustee shall distribute the balance of the trust property to such descendant's then living descendants, per stirpes. If such descendant has no then living descendants, my Trustee shall distribute the balance of the trust property to my then living descendants, per stirpes. If I have no then living descendants, our Trustee shall distribute the balance of the trust property as provided for in the Articles that follow. Section 4. Distributions to Underage or Disabled Beneficiaries Notwithstanding any other provision in this trust agreement, if any person otherwise entitled to receive a distribution of trust property is under 25 years of age or is mentally disabled or legally incompetent as defined in Article Twelve, my Trustee shall retain and administer that person's trust property for his or her benefit as follows: a. My Trustee's Discretion My Trustee may pay to or apply for the benefit of such beneficiary so much of the net income and principal of the trust as my Trustee, in its discretion, deems proper considering all other sources of income and resources available to such beneficiary and known to my Trustee. b. Payments Made to Beneficiary or Personal Representative My Trustee is authorized to make payments under this Section either directly to the beneficiary, to the beneficiary's personal representative or to any other person my Trustee may deem proper to be used for the benefit of the beneficiary. C. Trustee's Decisions are Final All decisions by my Trustee as to those it makes payment to, the purposes for which these payments are made, and the amounts to be paid out of the trust are within my Trustee's sole but reasonable discretion. d. Undistributed Net Income All undistributed net income shall be accumulated and added to the principal of the trust. 11 -2 e. Termination and Distribution My Trustee shall distribute the trust property to a beneficiary under this Section when such beneficiary reaches age 25, or when he or she is no longer disabled as determined by a court of competent jurisdiction, or upon certification by two licensed physicians that such beneficiary is able to properly care for his or her property and person, or at a later date if other trust provisions in this Article direct. f. Death of Disabled or Underage Beneficiary Upon the death of a beneficiary under this Section, my Trustee shall distribute all of such beneficiary's remaining trust share, including the trust principal and accrued and undistributed income, to any person or entity, and upon any trust, terms, and conditions, or to or in favor of the estate of such deceased beneficiary, as he or she may direct by his or her last will or living trust agreement. No exercise of this general power of appointment shall be effective unless it refers to this trust agreement and expressly indicates an intention to exercise this general power of appointment. 11 -3 Article Thirteen Trustee Administration Section 1. Co- Trustees to Act by Majority Vote At any time that there are two or more Trustees serving under this agreement they shall act by majority vote and any exercise of a power or discretion by a majority of the Trustees shall have the same effect as an exercise by all of them. If the Trustees are not able to reach agreement on any decision as set forth in this Section they shall petition a court of competent jurisdiction for instructions and shall take no action on the disputed matter until a court order deciding the issue has been rendered. Section 2. Power to Delegate Notwithstanding any other provision of this agreement, any one or more of the Co- Trustees serving under this agreement may from time to time delegate to another Co- Trustee or Co- Trustees routine acts of trust administration. Section 3. No Bond Required No Trustee under this agreement shall be required to post any bond for the faithful performance of its responsibilities. Section 4. Trustee Compensation My Trustee shall be entitled to reasonable compensation for services rendered payable without the need for a court order. In calculating the amount of compensation customary charges for similar services in the same geographic area for the same time period shall be used as guidelines. My Trustee shall also be entitled to reimbursement for reasonable costs and expenses incurred during the exercise of its duties under this agreement. Any corporate fiduciary shall be entitled to receive compensation for its services in accordance with its published fee schedule in effect from time to time. 13 -1 Section 5. Change in Corporate Trustee Any corporate successor to the trust business of any corporate Trustee named under this agreement or acting hereunder shall succeed to the capacity of its predecessor without reconveyance or transfer of trust property. Section 6. Power to Divide or Combine Trusts My Trustee shall have the power to divide a single trust into separate shares each to be administered in accordance with the terms and conditions of the single trust from which they were created when my Trustee in its discretion determines that division is desirable or advisable in view of tax considerations, including considerations related to the income tax, the gift tax, the estate tax or the generation- skipping transfer tax or other objectives of the trusts and their beneficiaries. My Trustee shall not be required to make a physical segregation or division of the various trust shares created under this trust agreement except as segregation or division may be required by reason of the termination and distribution of any of the trusts, but my Trustee shall keep separate accounts and records for different undivided interests. My Trustee in its discretion shall have the further power to combine two or more trusts having substantially the same terms into a single trust for purposes of administration when tax or other factors indicate that such combination would be desirable or advisable. In deciding whether to combine trusts, my Trustee should consider the generation- skipping "inclusion ratio" of the trusts to be combined. Trusts having the same inclusion ratios may be combined. Trusts having different inclusion ratios should generally not be combined unless their inclusion ratios are maintained unchanged through substantially separate and independent shares of different beneficiaries within the meaning of I.R.C. Section 2654(b), and the applicable regulations thereunder. Specifically, my Trustee has the authority to allocate any portion of my exemptions under Internal Revenue Code Section 2631(a) to property as to which I am the transferor, including any property transferred by me during my lifetime as to which I did not make an allocation prior to my death, and my Trustee has the authority to make the special election under Internal Revenue Code Section 2652(a)(3). If Internal Revenue Code Section 2631(a) or 2652(a)(3) is not interpreted as to allow a Trustee to exercise such election, then my personal representatives is authorized to allocate my exemptions and to exercise the said special election. If my Trustee considers that any distribution from a trust or share hereunder, other than pursuant to a power to withdraw or appoint, is a taxable distribution subject to the federal generation- skipping transfer tax payable by the distributee, my Trustee may increase the distribution by an amount which my Trustee would estimate to be sufficient to pay that tax, and 13 -2 shall charge the same against the trust or share to which the tax relates. If my Trustee considers that any termination of an interest in the trust property hereunder is a taxable termination subject to the federal generation- skipping transfer tax, my Trustee may pay that tax from the portion of the property to which the tax relates, without any adjustment of the relative interests of the beneficiaries. Section 7. Termination of Small Trust My Trustee shall have the power in its discretion to terminate any trust created under this trust agreement whenever it becomes so small in relation to the costs of administration as to make continuing administration uneconomical. Upon termination my Trustee shall distribute the principal and any accrued or undistributed net income to the income beneficiaries in proportion to their shares of the income. If no fixed amount of income is payable to specific beneficiaries, my Trustee shall distribute the principal and any accrued or undistributed net income in equal shares to those beneficiaries who would then be entitled to income payments from the trust. Section 8. Limit on Trustee's Discretion Notwithstanding any language purporting to confer absolute, sole or unrestricted discretion on my Trustee in exercising any discretionary power with respect to this trust, my Trustee shall at all times act in accordance with fiduciary principles and shall not act in bad faith or in disregard of the purposes of my trust. Nothwithstanding any other provision in this trust agreement, no individual Trustee who is also a beneficiary hereunder shall have any right, power, duty or discretion concerning this trust if such right, power, duty or discretion conferred upon such Trustee under this trust agreement is determined to be a general power of appointment under Internal Revenue Code Section 2041 or 2514 which would cause any assets of this Trust to be included in the estate of such Trustee - beneficiary. Any such right, power, duty or discretion with such effect shall be null and void with respect to such Trustee - beneficiary. No Trustee who is under a legal obligation to any beneficiary of this trust or other person shall under any circumstances partake in any decisions relating to any discretionary distributions of income or principal of this trust which can be used for any such legal obligation to any such beneficiary or other person. Section 9. Written Notice to Trustee Until my Trustee receives written notice of any death or other event which triggers the right to payments from any trust created under this agreement it shall incur no liability for distributions made in good faith to persons whose interests may have been affected by such event. 13 -3 Section 10. Duty to Account My Trustee shall render accounts, upon request, to the income beneficiaries under this trust agreement at least annually, at the termination of a trust created hereunder, and upon a change in the Trustees in the manner required by law. Section 11. No Court Supervision No trust created under this agreement shall require the active supervision of any state or federal court. IRE! Article Fourteen Trustee Investment Powers Section 1. Trustee's Powers To carry out the purposes of the trusts created under this agreement and subject to any limitations stated elsewhere in this instrument my Trustee shall have all of the following powers, in addition to all of the powers now or hereafter conferred on Trustees by law: a. Retention of Property My Trustee shall have the power to retain any property received into the trust at its inception or later added to the trust without regard to whether the trust investments are diversified as long as my Trustee considers that retention is in the best interests of the trust or in furtherance of my goals in creating the trust. My Trustee shall have the power to invest and reinvest in any property that may be considered by applicable state law to be underproductive or unproductive in nature, and specifically to be exempt from any minimum income requirements called for under local law. b. Additions My Trustee shall have the power to receive additions to the assets of the various trusts created under this agreement from any source. C. Business Participation My Trustee shall have the power to terminate, to continue or to participate in the operation of any business enterprise including a corporation a sole proprietorship or a general or limited partnership and to effect any form of incorporation, dissolution, liquidation, reorganization including but not limited to recapitalization and reallocation of classes of shares or other change in the form of the business enterprise or to lend money or make a capital contribution to any such business enterprise. d. Permissible Investments My Trustee shall have the power to invest and reinvest the assets of the trust as my Trustee may determine to be in the best interests of the trust without limitation by any law applicable to investments by fiduciaries. The permitted 14 -1 investments and reinvestments may include securities such as common or, preferred stock, mortgages, notes, subordinated debentures and warrants of any corporation and any common trust fund administered by a corporate fiduciary or other property, real or personal, including savings accounts and deposits and interests in mutual or money market funds or investment trusts, annuities and insurance whether or not such investments are unsecured or of a wasting nature. My Trustee shall have the power to obtain, by purchase or by gift (or by conversion, reissue, consolidation or by any other means), and hold as an asset of this trust, policies of insurance on my life or any other beneficiary of this trust. My Trustee is authorized and empowered to exercise, either before or after my death, all of the rights, options, elections or privileges exercisable in connection with such policies. These rights and options should include, but not be limited to, disability benefits, the right to borrow money with which to pay premiums (or other charges) on any policy owned by this trust (including any automatic premium loan feature) or for any other trust purpose, the right to elect among settlement options offered by the insurance company which issued such policy, the right to convert such policy to paid -up insurance, extended term insurance or to any different form of insurance, and the right to arrange for the automatic application of dividends in reduction of premium payments (or other charges), with regard to any policy of insurance held in the trust estate. e. Dealing with Property My Trustee shall have the power to acquire, grant or dispose of property, including puts, calls and options (including options on stock owned by the estate), for cash or on credit including maintaining margin accounts with brokers at public or private sale upon such terms and conditions as the fiduciary may deem advisable and to manage, develop, improve, exchange, partition, change the character of, abandon property or any interest therein or otherwise deal with property. Specifically, my Trustee shall have the power to use and expend the trust income and principal to conduct environmental assessments, audits, and site monitoring to determine compliance with any environmental law or regulation thereunder; to take all appropriate remedial action to contain, clean up or remove any environmental hazard including a spill, release, discharge or contamination, either on my Trustee's own accord or in response to an actual or threatened violation of any environmental law or regulation thereunder; to institute legal proceedings concerning environmental hazards or contest or settle any such legal proceedings brought by any local, state or federal agency concerned with environmental compliance, or by a private litigant; to comply with any local, state or federal agency order or court order directing an assessment, abatement or cleanup of any environmental hazards; to employ agents, consultants and legal 14 -2 counsel to assist or perform the above undertakings or actions; and in general to take all appropriate actions to prevent, identify, or respond to any actual or threatened violations of any environmental law or regulation thereunder. No Trustee under this trust agreement shall be liable for any loss or depreciation in value sustained by this trust as a result of the Trustee retaining any property upon which there is later discovered to be hazardous materials or substances requiring remedial action pursuant to any federal, state or local environmental law, unless the Trustee contributed to the loss or depreciation in value through willful default, willful misconduct, or gross negligence. Moreover, no Trustee shall be obligated to accept any property on behalf of this trust without first having the opportunity to satisfy itself, in its sole discretion, that such property is not contaminated by any hazardous or toxic materials or substances, and that such property is not being used and has never been used for any activities directly or indirectly involving the generation, use, treatment, storage, disposal, release, or discharge of any hazardous or toxic materials or substances. Finally, such Trustee shall have the power to disclaim any power which, in its sole discretion, will or may cause such Trustee to be considered an 'owner" or "operator" of property held in our trust estate under the provisions of the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA), as amended from time to time. This power to disclaim as contained herein shall apply to any such power, whether actually set forth under this trust agreement, incorporated by reference herein, or granted or implied by any statute or rule of law. f. Borrowing Authority My Trustee shall have the power to borrow funds from any person including my Trustee guarantee indebtedness or indemnify others in the name of the trust and to secure any such obligation by mortgage, pledge, security interest or other encumbrance and to renew, extend or modify any such obligation for a term within or extending beyond the administration of the term of the trust. No lender shall be bound to see to or be liable for the application of the proceeds of any obligation and my Trustee shall not be personally liable for any obligation. g. Leasing Authority My Trustee shall have the power to make, renew or amend for any purpose a lease as lessor or lessee for a term within or beyond the term of the trust with or without option to purchase. 14 -3 h. Natural Resources My Trustee shall have the power to enter into any arrangement or agreement including a lease, pooling or unitization agreement, for exploration, development, operation, conservation and removal of minerals or other natural resources. i. Voting Rights My Trustee shall have the power to vote a security in person or by general or limited proxy, to participate in or consent to any voting trust, reorganization, dissolution, liquidation or other action affecting any securities and to deposit securities with and transfer title to a protective or other committee. j. Title to Assets My Trustee shall have the power to hold securities and other property in negotiable form or in the name of a nominee (including "street name" of a broker) or by deposit to a clearing corporation with or without disclosure of the Trustee relationship, but my Trustee shall be responsible for the acts of any nominee or clearing corporation in connection with the property. k. Insurance My Trustee shall have the power to insure the assets of the trust against any risk and my Trustee against liability with respect to third persons. I. Settlement of Disputes My Trustee shall have the power to pay or contest any debt or claim and to compromise, release and adjust any debt or claim and to submit any matter to arbitration. m. Payment of Expenses My Trustee shall have the power to pay any taxes, assessments, reasonable compensation of my Trustee and other expenses incurred in the collection, management, care, protection and conservation of the trust property. n. Principal and Income My Trustee shall have the power to allocate items of income or expenditure to either income or principal and to create reserves out of the income all as provided by law and to the extent not so provided to allocate or create reserves as my Trustee in its discretion deems appropriate and my Trustee's decision 14 -4 made in good faith with respect thereto shall be binding and conclusive on all persons. Notwithstanding the preceding sentence, if the Survivor's Trust (or a share hereunder) is the beneficiary or owner of a Retirement Account, income earned after the participant's death in the account shall be income of the Trust or share, and if my Trustee is required to pay all of the trust income to a beneficiary, my Trustee shall collect and pay the income of the account to the beneficiary at least quarterly (and to the extent that all of the income cannot be collected from the account, the deficiency shall be paid from the principal of the trust). o. Division of Trust My Trustee shall have the power to make any distribution or payment in kind or in cash or partly in kind and partly in cash and to cause any share to be composed of cash, property or undivided interests in property different in kind from any other share either pro rata or non pro rata without regard to differences in the tax basis of such property and without the requirement of making any adjustment of the shares by reason of any action taken pursuant hereto. Any division, allocation, apportionment or valuation of the property to distribute the assets to or among any of the trusts or beneficiaries shall be made by my Trustee and the good faith determination of my Trustee shall be binding and conclusive on all parties. P. Merger of Trust If at any time the Trustees are Trustees of two or more Trusts or Shares with substantially the same terms and benefiting the same beneficiaries, created hereunder, or under any other instrument by the Trustors or by any other person, the Trustees may commingle the assets of such Trusts or Shares and hold them as a single Trust or Share. q. Litigation \ My Trustee shall have the power to prosecute or defend actions, suits, claims or proceedings for the protection or benefit of the trust and my Trustee in the performance of my Trustee's duties. r. Employment of Agents My Trustee shall have the power to employ agents including attorneys, accountants, investment advisors, custodians, appraisers or others to advise or assist my Trustee and to delegate to them fiduciary powers and to indemnify 14 -5 them against liability for positions taken in good faith and with reasonable basis. S. Corporate Fiduciary If any stock of a corporate Trustee or of any affiliate or successor of a corporate Trustee shall be included in the assets of the trust, the Trustee shall have full authority in the Trustee's sole discretion and notwithstanding any regulation or rule of law to the contrary to retain the stock and any increases resulting from stock dividends and stock splits and from the exercise of purchase rights and the purchase of fractional shares needed to round out fractional share holdings that may arise concerning the stock. The Trustee shall vote the stock either directly or by proxy except to the extent the Trustee is prohibited by law from voting the stock in accordance with the written instructions of a majority of the living beneficiaries then entitled to current distributions of income or their personal representatives. In the event there are no eligible beneficiaries to give instructions, the Trustee is authorized to vote the stock in the best interests of the beneficiaries in view of the purposes for which the trust was created. t. Investment Transactions With regard to record keeping for investment transactions, my Trustee need not provide copies of confirmations or similar notifications each time a trade or investment transaction occurs, but investment transactions shall be set forth in my Trustee's periodic accounting. U. Repairs and Improvements My Trustee shall have the power to make ordinary or extraordinary repairs or alterations in buildings or other structures, to demolish any improvements, to raze existing or erect new party walls or buildings. V. Business Personnel My Trustee shall have the power to elect or employ directors, officers, employees, partners or agents of any business and to compensate such persons whether or not any such person is a Trustee, director, officer, partner or agent of a Trustee or a beneficiary of the trust. W. Farm or Ranch Property With respect to farm or ranch property, my Trustee shall have the power to participate in and operate any farming (including tree farming) or ranch operation personally or with hired labor, tenants or sharecroppers to lease any farm for cash or a share of crops under a lease which permits or precludes the 14 -6 material participation of my Trustee, to fertilize and improve the soil, to employ conservation practices, and to participate in government programs and to perform any other acts deemed necessary or desirable to operate the property. In making a decision whether to materially participate in farming or ranch operations, my Trustee shall consider whether an election should be made or has been made under IRC § 2032A to qualify for special farm -use valuation. X. Ancillary Trustees If for any reason my Trustee deems it advantageous to act through an ancillary Trustee, my Trustee may designate an ancillary personal representative or Trustee qualified to serve in the jurisdiction where such ancillary Trustee is to act and may delegate to such ancillary Trustee such of the powers granted under this agreement as my Trustee deems advisable without being chargeable with loss if any arising out of such designation or delegation. My Trustee may specify whether any corporate Trustee or any person or persons acting in an ancillary capacity hereunder shall serve with or without bond. Except as may be otherwise specifically provided, no ancillary Trustee need comply with the provisions of any Uniform Trustee's Accounting Act, the Uniform Trust Act or similar acts in force in any state where the Trustee may be acting. Y. Retention of Closely Held Interest My Trustee shall have the power to retain any real estate interests, closely held securities or affiliated companies or business interests and to sell or dispose of such interests only after careful consideration and after determining that sale or disposition is in the existing circumstances in the best interests of the trust or its beneficiaries. If at any time, this trust holds any stock in an S corporation, and our Trustee deems it appropriate for such corporation to maintain its Subchapter S election, my Trustee may take all of the necessary actions to segregate the S corporation stock and assets of this trust, and in my Trustee's sole but reasonable discretion, and otherwise consistent with the terms of this trust to the greatest extent possible, may form new trusts and may amend the terms of this trust agreement as would be necessary to establish Qualified Subchapter S Trusts to hold the said S corporation stock and assets in compliance with internal Revenue Code Sections 1361(b) and 1361(d)(3). Z. Exercise of Authority Except as otherwise provided in this agreement, my Trustee shall have the power to do all acts that might legally be done by an individual in absolute ownership and control of property. 14 -7 Article Fifteen General Provisions Section 1. Spendthrift Protection Neither the principal nor the income of any trust created or contained under my trust agreement shall be liable for the debts of a beneficiary nor shall the same be subject to seizure by any creditor of any beneficiary under any lien or proceeding at law or equity. Except to the extent otherwise expressly provided in my trust agreement, no beneficiary shall have the authority or power to sell, assign, transfer, encumber or in any manner to dispose of a beneficial interest whether income or principal. The limitations herein shall not restrict the exercise of any power of appointment or the right to disclaim by any beneficiary. Section 2. The Rule Against Perpetuities Unless sooner terminated or vested in accordance with other provisions of my trust agreement, all interests not otherwise vested including but not limited to all trusts and powers of appointment created hereunder shall terminate one day prior to twenty -one (21) years after the death of the last survivor of the group composed of me and my lineal descendants living on the date of my death. At that time, distribution of all principal and all accrued, accumulated and undistributed income shall be made to the persons then entitled to distributions of income or principal and in the manner and proportions herein stated irrespective of their then attained ages. Section 3. Incapacity A person shall be considered incapacitated in the event such person has been determined to be legally incompetent by a court of competent jurisdiction; has been certified to be unable to property handle his or her own affairs by reason of physical illness or mental illness; or is unable freely to communicate for a period of 90 days. Section 4. Income and Principal Payments All payments of income or principal shall be made in such of the following ways as my Trustee determines appropriate: a. To each respective beneficiary in person upon his or her personal receipt; 15 -1 b. Deposited in any bank to the credit of such beneficiary in any account carried in his or her name or jointly with another or others; C. To the parent or legal representative of the beneficiary; d. To a Custodian under a Uniform Transfers to Minors Act or Uniform Gifts to Minors Act selected by my Trustee for such period of time under applicable law as my Trustee determines appropriate; e. To some near relative, friend or institution having primary responsibility for the care and custody of the beneficiary; f. By my Trustee using such payment directly for the benefit of such beneficiary; or g. To the Trustee of any revocable trust of which the beneficiary is the Trustor. Section 5. Limit on Trustee's Discretion Notwithstanding any other provision in my trust agreement, other than my Surviving Spouse with respect to a Survivor's Trust, no individual Trustee who is also a beneficiary hereunder shall have any right, power, duty or discretion concerning my trust estate if such right, power, duty or discretion conferred upon such Trustee under my trust agreement is determined to be a general power of appointment under Code Section 2041 or 2514 which would cause any assets of my trust estate to be included in the estate of such Trustee - beneficiary. Any such right, power, duty or discretion with such effect shall be null and void with respect to such Trustee - beneficiary. No Trustee who is under a legal obligation to any beneficiary of my trust agreement or other person shall under any circumstances partake in any decisions relating to any discretionary distributions of income or principal of my Trust which can be used to discharge any such legal obligation of such Trustee. Section 6. No- Contest Clause If any person or entity, other than me, singularly, or in conjunction with any other person or entity, directly or indirectly, contests in any court the validity of my trust agreement, including any amendments thereto, then the right of that person or entity to take any interest in my trust estate or to act in any fiduciary capacity shall cease, and that person (and his or her descendants) or entity shall be deemed to have predeceased me. 15 -2 Section 7. Disclaimer by Beneficiary A beneficiary shall be entitled to accelerate any distribution to the beneficiary or to terminate his or her trust interest and thereafter receive outright distribution by use of a disclaimer. Section 8. Captions The captions of Articles, Sections and Paragraphs used in my trust agreement are for convenience of reference only and shall have no significance in the construction or interpretation of my trust agreement. Section 9. Severability Should any of the provisions of my trust agreement be for any reason declared invalid, such invalidity shall not affect any of the other provisions of my trust agreement, and all invalid provisions shall be wholly disregarded in interpreting my trust agreement. Section 10. Statutory References Unless the context clearly requires another construction, each statutory reference in my trust agreement shall be construed to refer to the statutory section mentioned, related successor sections and corresponding provisions of any subsequent law including all amendments. Scction 11. Gender and Number In my trust agreement where appropriate except where the context otherwise requires, the singular includes the plural and vice versa and words of any gender shall not be limited to that gender. Section 12. Simultaneous Deaths If any beneficiary under my trust agreement and I die under circumstances in which the order of deaths cannot be established, I shall be deemed to have predeceased the beneficiary and my trust agreement shall be construed accordingly. 15 -3 Section 13. Governing State Law My trust agreement and the trusts created under it shall be construed, regulated and governed by and in accordance with the laws of the Commonwealth of Pennsylvania. Section 14. Definitions The following terms as used in my trust agreement are defined as indicated: a. Beneficiary Designation The term "Beneficiary Designation" means any document executed by me which affects the manner of payment of amounts held in a plan (of whatever type) subject to the distribution rules of section 401(a)(9) of the Code, or any commercial annuity or any similar deferred payment arrangement. b. Code The term "Code" means the Internal Revenue Code of 1986, as amended from time to time. The terms "gross estate," "adjusted gross estate," "taxable estate," "unified credit," "state death tax credit," "maximum marital deduction," "marital deduction," and any other form which from the context in which they are used refer to the Code, shall have the same meaning as such terms have for the purposes of applying the Code to my trust agreement. C. Child, Children, Issue and Descendants The terms "child" or "children" means lawful blood descendants in the first degree of the parent designated: and "issue" and "descendants" mean the lawful blood descendants in any degree of the ancestor designated provided, however, that if a person has been adopted, that person shall be considered a child of such adopting parent and such adopted child and his or her issue shall be considered as issue of the adopting parent or parents and of anyone who is by blood or adoption an ancestor of the adopting parent or either of the adopting parents. The terms "child," "children," "issue," "descendant" and "descendants" or those terms preceded by the terms "living" or "then living" shall include the lawful blood descendant in the appropriate degree of the ancestor designated even though such descendant is bom after the death of a parent. 15 -4 d. Death Taxes The term "death taxes" means all inheritance, estate, succession and other similar taxes that are payable by any person on account of that person's interest in the estate of the decedent or by reason of the decedent's death, including penalties and interest but excluding the following: 1. Any addition to the federal estate tax for any "excess retirement accumulation" under Code Section 4980A; 2. Any additional tax that may be assessed under Internal Revenue Code Section 2032A; and 3. Any federal or state tax imposed on a generation - skipping transfer, as that term is defined in the federal tax laws, unless that generation- skipping transfer tax is payable directly out of the assets of a trust created by my trust agreement. e. Deceased Trustor The term "Deceased Trustor" means a Trustor who has died. f. Education The term "education" shall be given broad interpretation and may include but not be limited to: 1. High School Education at public or private elementary or high schools, including boarding schools. 2. College Undergraduate and graduate study in any and all fields whatsoever, whether of a professional character in colleges or other institutions of higher learning. 15 -5 3. Specialized Training Specialized formal or informal training in music, the stage, the handicrafts, the arts, or vocational or trade schools whether by private instruction or otherwise. 4. Other Educational Activities Any other activity including foreign or domestic travel which shall tend to develop fully the talents and potentialities of each beneficiary regardless of age. g. Heirs at Law References to someone's "heirs at law" mean individuals, who are living at the event when property is directed to be distributed to them. Those individuals' identities, and the shares of the distributable property which they each receive, shall be determined under the intestacy laws of the Commonwealth of Pennsylvania which then govern the distribution of the personal property of a resident dying then, without creditors, owning only the distributable assets. h. Personal Representative The term "Personal Representative" means trustee, executor, executrix, administrator, administratrix, conservator, guardian, custodian or any other type of personal representation. i. Per Stirpes In every case in which a disposition of an interest is to be made to the issue of a person "per stirpes" it is intended that such disposition shall be made in accordance with the principle of representation. This principle in relation to my trust agreement means that whenever property is to be distributed to the issue of a person such property shall be divided into as many shares as there are, at the time of disposition, living issue in the nearest degree of kinship to such person and then deceased issue in the same degree who left issue who are then living, each then living issue in the nearest degree receiving one share and the share of each then deceased issue in the same degree being divided among his or her issue in the same manner. 15 -6 j. Trust Estate All of the property, real and personal, intangible and tangible, which has been transferred to my Trustee, whether or not listed on any Exhibits. k. Trustee's Discretion The term "discretion" with regard to a Trustee means such Trustee's sole but reasonable judgment. In exercising any discretionary power with respect to my Trust, my Trustee shall at all times act in accordance with fiduciary principles and shall act reasonably under the circumstances and not in bad faith or in disregard of the purposes of my Trust. 1. Unused Generation Skipping Tax Exemption Equivalent The term "Unused Generation Skipping Tax Exemption Equivalent" means the generation- skipping transfer tax exemption provided in section 2631 of the Code in effect at the time of death of a Trustor, reduced by the aggregate of (1) the amount, if any, of such exemption allocated by a Trustor or by operation of law to a Trustor's lifetime transfers and (2) the amount, if any, a Trustor or a Trustor's Personal Representative or a Trustee has specifically allocated to property other than property to which such exemption is directed to be allocated by any applicable provision of my trust agreement. For purposes of my trust agreement, if at the time of death of a Trustor, such Trustor has made lifetime transfers of property to which an inclusion ratio of greater than zero would be applicable and for which the gift tax return due date has not expired (including extensions) and a return has not yet been filed, it shall be deemed that the generation - skipping transfer exemption has been allocated to such transfers to the extent necessary and possible to exempt such transfers from generation- skipping transfer tax. M. Unused Unified Credit Equivalent, The term "Unused Unified Credit Equivalent" means that the value of a Deceased Trustor's taxable estate determined without regard to the marital deduction which can be transferred at death without causing any federal estate tax liability because of: 1. Any available Unified Credit, 2. The Credit for State Death Tax to the extent it does not increase the amount of death taxes payable to any state, 15 -7 3. The Credit for Prior Transfers, 4. Allowable exclusions from the Taxable Estate; and which is in excess of the net value of all property includable in the taxable estate of a Deceased Trustor which does not qualify for the marital deduction or any other deduction and which passes outside of this Trust (whether by way of joint tenancy, life insurance contract, will, or otherwise) and under other provisions of this Trust. I have executed this First Amendment and Restatement on the date set forth on the first page of this amendment. I have read the First Amendment and Restatement to my Living Trust. I approve this First Amendment and Restatement in all particulars and request my Trustee to execute it. WILLIAM G. WILLIAM G. MYERS, 15 -8 L MARY ANN MYERS, Trustee STATE OF PENNSYLVANIA ) COUNTY OF DAUPHIN ) On this the day of d" 19 before me, Ll/l -'Vif the undersigned officer, personally appeared WILLIAM G. MYERS, Trustor, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument and acknowledged that he executed the same for the purposes therein contained. In witness whereof I hereunto set my hand and official seal. l�G G.i /alt ' otary Public r Title of Officer STATE OF PENNSYLVANIA COUNTY OF DAUPHIN Notarial Seal Linda L. Fatterholf, Notary Public Derry Twp., Dauphin County My Commission Expires Nov. 8, 2003 i,Xy On this the P41 day of ve4I , 19 #, before me, C. AIV,9 ,l the undersigned officer, personally appeared WILLIAM G. MYERS and MARY ANN MYERS, Trustees, known to me (or satisfactorily proven) to be the persons whose names are subscribed to the within instrument and acknowledged that they executed the same for the purposes therein contained. In witness whereof I hereunto set my hand and official seal. N� Public Title of Officer 5ftEj uFn(�y is. 8, 2003 15 -9 Assignment of Personal Property WILLIAM G. MYERS and MARY ANN MYERS, husband and wife, do hereby transfer and assign, without consideration and in order to change formal title only, all right, title and interest which they now have in that Personal Property listed below, to WILLIAM G. MYERS and MARY ANN MYERS, Trustees, or their successors in trust, under the WILLIAM G. MYERS Living Trust dated SF� and any amendments thereto and MARY ANN MYERS and WILLIAM �. I�stees, or their successors in trust, under the MARY ANN MYERS Living Trust dated SEP 2 9 1995 and any amendments thereto as Tenants in common: Personal Property Assigned Personal Effects Furniture, Furnishings and Appliances Jewelry This assignment was executed on SEP 2 9 1995 IL &�; / '. 41�� WILLIAM G. MYERS STATE OF PENNSYLVANIA SS COUNTY OF DAUPHIN On this the day of 19�, before me, X211 n /e: , the undersigned officer, Oersonally appeared WILLIAM G. MYERS an MARY ANN MYERS, known to me (or satisfactorily proven) to be the persons whose names are subscribed to the within instrument and acknowledged that they executed the same for the purposes therein contained. In witness whereof I hereunto set my hand and official seal. Notary Public NOTARIAL SE L PAULA N. ANGLEMEYER /Notary Pidic Hummelstown, Dauphin County My Commission Expires May 17, 7"G99 Schedule A Marital Property of WILLIAM G. MYERS and MARY ANN MYERS Personal Property Personal Effects Furniture, Furnishings and Appliances Jewelry Assignment of Brokerage Accounts WILLIAM G. MYERS and MARY ANN MYERS, husband and wife, do hereby transfer and assign, without consideration and in order to change formal title only, all right, title and interest which they now have in one -half of those brokerage accounts listed below, to WILLIAM G. MYERS and MARY ANN MYERS, Trustees, or their successors in trust, under the WILLIAM G. MYERS Living Trust dated SEP 2 9 1645 and any amendments thereto and one -half of those brokerage accounts listed below, to MARY ANN MYERS and WILLIAM G. MYERS, Trustees, or their successors in trust, under the MARY ANN MYERS Living Trust dated SEP 2 9 1995 and any amendments thereto. Brokerage Firm Olde Discount This assignment was executed on SEP 2 9 1995 W LLIAM G. MY RS MARY ANN MYERS STATE OF PENNSYLVANIA SS COUNTY OF DAUPHIN Account Number 129 01214 934 On this the �2 }�� day of 19 ,, before me, lr ; 9 e, , the undersigned officer, Oersonally appeared WILLIAM G. MYERS an MA ANN MYERS, known to me (or satisfactorily proven) to be the persons whose names are subscribed to the within instrument and acknowledged that they executed the same for the purposes therein contained. In witness whereof I hereunto set my hand and official seal. Notary Public NOTARIAL SE XL - PAULA N. ANGLEMEYER /Notary Pub9c Hummelstown, Dauphin County My Commission Expires May 17,1999 Schedule A Property of WILLIAM G. MYERS and MARY ANN MYERS Brokerage Accounts Brokerage Firm Account Number Olde Discount 129 01214 934 SECOND AMENDMENT TO THE WILLIAM G. MYERS LIVING TRUST DATED SEPTEMBER 29, 1995 The Second Amendment COPY to the William G. Myers Living Trust On September 29, 1995, I, William G. Myers, signed the William G. Myers Living Trust, more formally known as: William G. Myers and Mary Ann Myers, Trustees, or their successors in trust, under the William G. Myers Living Trust, dated September 29, 1995, and any amendments thereto. Pursuant to Article Four of my Living Trust, which permits me to amend my Living Trust in writing at any time, I now wish to amend my Living Trust as follows: Article Five of my Living Trust is hereby revoked in its entirety and amended as follows: Section 1. Trustee's Payment of Debts and Taxes After my death, unless other provisions for payment have been made, my Trustee shall pay all or any part of the following expenses, debts, claims and taxes from my Trust Estate: a. Final medical expenses and all funeral costs; b. Legally enforceable claims against me; C. Reasonable expenses of administration of my Trust, including those attributable to my probate estate or those attributable to the distribution of any bequest; d. Any allowances mandated by a court of competent jurisdiction to those dependent upon me; e. Any estate, inheritance, succession, generation skipping transfer, or similar taxes payable by reason of my death; and f. Any penalties or interest on any of the above expenses, claims, debts or taxes owed by me or my probate estate. Section 2. Payment by My Trustee or Personal Representative My Trustee, in my Trustee's discretion, may make distributions authorized under this Article either directly to the person or entities to whom payment is owed or to the Personal Representative of my probate estate. Written statements by my Personal Representative that such sums are due and payable by my estate shall be sufficient evidence of their amount and propriety for the protection of my Trustee. My Trustee shall be under no duty to see to the application of any such payments made to my Personal Representative. Section 6. Exception to Apportionment of Death Taxes Notwithstanding any provision in my Trust Agreement to the contrary, it is my intent, and I hereby direct, that to the extent practicable no death taxes shall be apportioned to or against any part of my estate or the trusts or shares created by my Trust Agreement, or any beneficiary thereof, which qualifies for the federal estate tax Marital Deduction or Charitable Deduction. Further, notwithstanding any above provisions, Death Taxes chargeable among trusts hereunder that are substantially identical except that one trust is Exempt and the other Trust is Non - Exempt shall be charged first to the Non - Exempt Trust until exhausted and then to the Exempt Trust. The preceding sentence shall not apply to the extent that charging and paying such taxes as provided in such sentence increases the Inclusion Ratio of any Exempt Trust hereunder. Furthermore, should the payment of expenses, claims and taxes from any Qualified Retirement Plan or Individual Retirement Account ( "IRA ") assets which comprise my Trust Estate cause my Trust to be disqualified as a "Qualified Beneficiary" Trust, it is my intent, and I hereby direct, that to the extent practicable, no expenses, claims and taxes be paid from such Qualified Retirement Plan or IRA assets. Article Fifteen, Section 12, of my Living Trust is hereby revoked in its entirety and amended as follows: Section 12. Simultaneous Deaths For purposes of my Trust Agreement, if my Spouse and I die under circumstances in which the order of our deaths cannot be established, husband Trustor shall be deemed to have died first; wife Trustor shall be deemed to have survived. If any beneficiary under my Trust Agreement, other than my Spouse, dies under circumstances in which the order of death cannot be established, I shall be deemed to have survived the beneficiary, and my Trust Agreement shall be construed accordingly. All other articles are hereby ratipld and confirmed. I executed this amendment on 2J �n I certify that I have read the foregoing amendment to my Living Trust, and that it correctly states the changes I desire to make in my Living Trust. I approve this amendment to my Living Trust in all particulars, and request my Trustees to execute it. William yers, to illiam G. yers, Trustee Mary Anfi Myers, Trusted ACKNOWLEDGEMENT COMMONWEALTH OF PENNSYLVANIA : SS COUNTY OF DAUPHIN The foregoing amendment to the William G. Myers Living Trust was acknowledged before me on FFR 7 7 200.1 , by William G. Myers, as Trustor and Trustee and by Mary Ann Myers as Trustee. Witness my hand and official seal. My commission expires: Notary Public �NoteAa Seal Lines L. Fettefioff, Notary Public Deityssion Courtly 8, My Commit ion E Nov. 8, 2013 4 THIRD AMENDMENT TO THE WILLIAM G. MYERS LIVING TRUST THIRD AMENDMENT TO THE WILLIAM G. MYERS LIVING TRUST THIS TRUST AMENDMENT is executed on the 25" day of October, 2011, by and between WILLIAM G. MYERS, a resident of Lower Allen Township, Cumberland County, Pennsylvania (herein called "Trustor "), and WILLIAM G. MYERS and MARY ANN MYERS (herein called "Trustees "). WHEREAS, the Trustor and Trustees created the William G. Myers Living Trust by written agreement dated September 29, 1995 (herein called the "Trust "); WHEREAS, the Trust is revocable and subject to amendment by the Trustor; WHEREAS, the Trust was previously amended by written instruments dated December 2, 1999, and February 25, 2003; and WHEREAS, the Trustor now desires to further amend the Trust as more fully stated below. NOW, THEREFORE, the parties hereto, in consideration of the mutual covenants herein stated, agree as follows: The Trust is hereby amended as follows: Effective immediately, WILLIAM G. MYERS, MARY ANN MYERS, HOLLY MYERS HARBOLD and LINDA D. MOWREY shall serve jointly or individually as Trustees, so that they may act together in any combination or any one of them may act independently without proving the death, incapacity or unavailability of the others. If all of the persons named above are removed, die, become legally incapacitated or are otherwise unable or unwilling to serve as Trustee, then JEFFREY W. MYERS shall serve as Trustee. 2. The terms provided herein shall prevail over the terms of the Trust as previously amended, and all terms of the Trust and prior amendments which are inconsistent with the amendments made herein shall be deemed stricken. In all other regards, the Trust as previously amended shall remain in full force and effect and is not amended unless specifically provided herein. IN WITNESS WHEREOF, the Trustor and Trustee executed exe /cutned this instrument on the date first written above. r \ , . (/l �,7 !' WITNESS WITNESS COMMONWEALTH OF PENNSYLVANIA SS: COUNTY OF CUMBERLAND On this, the 25" day of October, 2011, before me, a Notary Public, the undersigned officer, personally appeared WILLIAM G. MYERS and MARY ANN MYERS, known to me (or satisfactorily proven) to be the persons whose names are subscribed to the within document, and acknowledged that they executed the same for the purposes therein co e . i IN WITNESS WHEREOF, I have set my hand and COMMONWEALTH OF PENNSYLVANIA NotaMal Seal Teri VOaNcor, Notary Public Lemoyne 9M, Cumberland County My Commaabn kun, 20 2015 MIMIMM040AWA ASSOCfA Tm O NOTAKaS We acknowledge receipt of the foregoing Trust Amendment and accept our appointment as Trustees on this 25" day of October, 2011. _ 71-1�4f WITNESS HOLLY AtERS, IfARBOLD WITNESS LINDA b. 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D mZ� N r 0 O 3 p v O V D W N r A N a O W W O Co C �Qn w A V O) m DDVVVO'- vDVV�T y S p p 0 p 1 p T Z O y m N _ r OOn � 0 O O O O n (n (i T� 7 (n ( 0 2 (0 O O W W V N N O O O O 2 2 3 D 2 m O "' Z C 0 �O�my Zmy VNTAOm Z 3 ++ 0 V+ 0+ y p 0 a D 3 °: D G S 0 y A W 3 ° z T V i`` y r w �C O T V c NF A U D d 3 ryy0x yo yZ 00 0 +- X X+ m 0 w w cJn a '° < w 2 m 3C -3°�°- A ° m � O n T Z W N N N N .e 0 v V T 0 V- V y 0 r m A A T Oo A m A m 0 wwoewww xc m O �o x m< m 0 y (fl 1 D D + w A p o r y 0 0 m N N y 0 0 D a W n 0r m v Z m 0 3 0 0 0 V D 0. r r O < a o m m O O _0 N N � + 7 m � T n n N O o. m J my 41m UlymmyNmyy N 00 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 000 c N_ N Dd� ,2.. � o Z = 3 A m O y c .. d 0 0 0 0 0 0 0 0 0 pp O O m O. W a O O N V N V T + y a W l0 CD pp A V V A m+ N W m P A N N D 3 N O� fJ A {T A p N p Op N Oo N N O; 3 0 O m C 0 .i + O O Oo N V 0 0 0 a J =D m to �o �a A A N+ A T V A A V V+ C to W N Oo V m N+ +1 t0 W tT D O W W d Sl {i N O 3 D CL a W N i a N O 7 0 O 3 O 3 O D a n NO O C w z c 3 m O O � o rn N au •I n C 3 C 61 c r� April 5, 2012 MARY A MYERS 101 ALLENDALE WAY CAMP HILL, PA 17011 -8401 Dear Mrs. Myers: At� Vanguard® P0. Box 1105 Valley Forge, PA 19482 -1105 www.vanguard.com Please accept our condolences on the recent death of William G. Myers. As you may know, he was the owner of Vanguard ® Variable Annuity contract 700105551, and as a beneficiary, you are entitled to 100% of the current value of the contract. The values below have been provided to assist you. Please review these values along with the enclosed brochure to help you in electing the best option to meet your needs. The market value and cost basis are as follows: Market value as of 4/4/2012: $18,626.31 Value on date of death (1/30/2012): $18,721.59 Cost basis: $5,000.00 Guaranteed Minimum Death Benefit: $15,589.23 The cost basis is the portion of the annuity value that is exempt from additional federal income tax. It represents investments in the annuity that were made on an after -tax basis. If the guaranteed minimum death benefit is greater than the contract value, a beneficiary may only receive the guaranteed minimum death benefit by electing either a lump sum distribution or annuitization; other options do not provide this guaranteed value. If the contract value is greater than the guaranteed minimum death benefit, the contact value will be paid regardless of beneficiary election. Please note that until the claim is processed, the contract value may move up or down with market conditions and change the payment amount. You may request an exchange between subaccounts in writing or by phone. Please note that if there are multiple beneficiaries on the contract, all beneficiaries must consent to any exchange. See the enclosed Vanguard Variable Annuity prospectus for more information on the claim payout procedures. To obtain your annuity assets, you can elect any of the following distribution options, which are explained in the accompanying brochure: Lump Sum Distribution Five Year Deferral Annuitization Spousal Deferral When choosing an option, please follow the instructions provided in the brochure. If you have questions, you are welcome to call us at 800 - 462 -2391 on business days from 8 a.m. to 8 p.m. Eastern time. A licensed annuity specialist would be pleased to assist you. Sincerely, Rachel Connors Registered Representative Annuity and Insurance Services Encl: Annuitants Beneficiary Claim Form Beneficiary Options Brochure Election of Income Variable Prospectus Business Reply Envelope cc: GATES HALBRUNER HATCH & GUISE PC 30297774 NADA GUIDES The Power of Vehicle Information NADAguides.com 1997 Bayliner Marine Corp 2050 CL SR (CY)( * *) 2050 CL BR (CY)( * *) NADAguides.com Price Report Base Price TOTAL PRICE Standard Equipment Details Length: Model Name /Description: Boat Type: Hull Material: Beam: Engine: Net Weight: Suggested List Price 20' 2050 CL BR (CY)( * *) Stern Drive Power Boat Fiberglass 7'6" 1 - 205 HP- Gasoline 2700 General note: See Trophy Boats for Trophy models after 2001. Model note: (* *)Includes the value of the trailer. Value Explanations $15,695 $15,695 Page 1 of 2 ® Clo'. Low Retail Average $4,650 $4,650 $5, Prices shown are retail consumer values and to be considered as selling prices. Trade -in values are to be determined bI dealers and are generally lower than values shown. Suggested List - We have included manufacturer's suggested retail pricing (MSRP) to assist in the financing, insuring appraising of vessels. The MSRP is the manufacturer's and /or distributor's highest suggested retail price in the U.S.A. H unit was new. The MSRP is furnished by the manufacturer and /or distributor and are assumed to be correct. Unless indi MSRP does not include destination charges, dealer set -up, state or local taxes, license tags or insurance. Low Retail Value — A low retail valued boat will show excessive wear and tear either cosmetically and /or mechanically boat may or may not be in running order. The buyer can expect to invest in cosmetic and /or mechanical work. Low ret¢ usually are not found on a dealer's lot. Low Retail is not a trade -in value. Average Retail Value — An average retail valued boat should be in good condition with no visible damage or defects. will show moderate wear and tear and will be in sound running condition. The buyer may need to invest in either minor or mechanical work. Note: Vessels in exceptional condition can be worth a significantly higher value than the Average Retail Price shown. Salt Water Note: Research indicates that boats exclusively used In salt water, which are not maintained and cleansed water, may depreciate more rapidly. This could influence the book value 10% to 15 %. AD 64f+.•.lhsn+n„no,lon++idne nnm /R�.�1c/ 1007 /Ro.,h+,P�_ Tie. ;nP_!'..n, /�n5n_fT_RR_('Y +� /7nM Ivtnnni� ,p) Copyright 2012 National Appraisal Guides Inc. All Rights Reserved. Page 2 of 2 ! ";J IIV2 LEARI htt,.• /h =nvur nadaanir9es cnm /Rnats /1997/Ravline.r- Marine -Com /2050- CL- BR -CY+ +/1001.... 12/10/2012 Munk GUIDES The Power of Vehicle Informotion NADAguides.com 2012 Trailers 21 Feet 21 Feet NADAguides.com Price Report Suggested List Price Low Retail Base Price N/A $1,755 TOTAL PRICE N/A $1,755 Trailer note: Note: Add Sailboat Trailer Package for all Sailboat Trailers. For Pontoon Boat Trailers deduct 10 percent from listed values. For Galvanized Trailers add 10 percent to listed values. For Non - Galvanized Steel Trailers used exclusively in salt water, deduct 25 percent from listed value. For custom, Tournament Ski Boat Trailers add 20 percent and do not add for any of the options below. For Aluminum Trailers add 15 percent to listed values. Value Explanations Page 1 of 1 ® Cie.. Average $1/ Prices shown are retail consumer values and to be considered as selling prices. Trade -in values are to be determined b) dealers and are generally lower than values shown. Suggested List - We have included manufacturer's suggested retail pricing (MSRP) to assist in the financing, insuring appraising of vessels. The MSRP is the manufacturer's and /or distributor's highest suggested retail price in the U.S.A. v unit was new. The MSRP is furnished by the manufacturer and /or distributor and are assumed to be correct. Unless indi MSRP does not include destination charges, dealer set -up, state or local taxes, license tags or insurance. Low Retail Value — A low retail valued trailer will be mechanically functional. The paint, wiring, tires, and /or rollers rr require reconditioning. It may have been stored outside in the elements and will require cosmetic or mechanical work. trailers usually are not found on a dealer's lot. Low Retail is not a trade -in value. Average Retail Value — An average retail valued trailer should be in good condition with no visible damage or defect! trailer should be in good working condition. The buyer may need to invest in either minor cosmetic or mechanical work. Note: Trailers in exceptional condition can be worth a significantly higher value than the Average Retail Price shown. Salt Water Note: Research indicates that boats exclusively used in salt water, which are not maintained and cleansed water, may depreciate more rapidly. This could influence the book value 10% to 15 %. K) Copyright 2012 National Appraisal Guides Inc. All Rights Reserved. AD "Olive LEARI httn •//wwsar_nariaauidescnm/Rnatc /2(112/ Trailers /21- Feet- Sinale /32026606/Roat- Trailers /_ 17/10/2012 4 NADA G -UIDE5 The Power of Vehicle Information NADAgvides.com 2000 Sylvan Ind 820 ELITE FISH 820 ELITE FISH NADAguides.com Price Report Suggested List Price Base Price TOTAL PRICE Standard Equipment Details Length: 20' Model Name /Description: 820 ELITE FISH Boat Type: Pontoon Boats Hull Material: Aluminum Beam: 8'0" Engine: 0 - 0 HP- Net Weight: 1620 General note: No further weight and beam information available. value Explanations $8,373 $8,373 Page 1 of 2 0 clo... Low Retail Average $3,470 $3,470 $3, Prices shown are retail consumer values and to be considered as selling prices. Trade-in values are to be determined b1 dealers and are generally lower than values shown. Suggested List - We have included manufacturer's suggested retail pricing (MSRP) to assist in the financing, insuring appraising of vessels. The MSRP is the manufacturer's and /or distributor's highest suggested retail price in the U.S.A. v unit was new. The MSRP is furnished by the manufacturer and /or distributor and are assumed to be correct. Unless indi MSRP does not include destination charges, dealer set -up, state or local taxes, license tags or insurance. Low Retail Value — A low retail valued boat will show excessive wear and tear either cosmetically and /or mechanical) boat may or may not be in running order. The buyer can expect to invest in cosmetic and /or mechanical work. Low retc usually are not found on a dealer's lot. Low Retail is not a trade -in value. Average Retail Value — An average retail valued boat should be in good condition with no visible damage or defects. will show moderate wear and tear and will be in sound running condition. The buyer may need to invest in either minor or mechanical work. Note: vessels in exceptional condition can be worth a significantly higher value than the Average Retail Price shown. Salt Water Note: Research indicates that boats exclusively used in salt water, which are not maintained and cleansed water, may depreciate more rapidly. This could influence the book value 10% to 15 %. AD httn• /Axnxnv nadaouidec nnm/Rnats / *)000/Sylvan- TnA /R?O-F.I.TTF.- FTST4/101 R20R91Standar 19110/90 1 �c- Copyright 2012 National Appraisal Guides Inc. All Rights Reserved. Page 2 of 2 live LEARI http: / /www.nadaguides.com/Boats /2000 /Sylvan- Ind/820- ELITE -FISH/ 10182089 /Standar... 12/10/2012 f7- L RCUCOi P, Zit. G L E!i !iECORDER OF UEEOS / t:GId �� OERWID COUNTY-PA 4 19 J(sd liMen -110, med0 the —jed.y of September, in the year of our Lord one thousand nine hundred and ninety -five (1995), 91. WILLIAM G. MYERS and MARY ANN MYERS, husband and wife, of Cumberland County, Pennsylvania, Grantors .j WILLIAM G. MYERS and MARY ANN MYERS, Trustees, or their successors in trust, under the WILLIAM G. MYERS LIVING TRUST DATED SEPTEMBER 29, 1995 and any amendments thereto and MARY ANN MYERS and WILLIAM G. MYERS, Trustees, or their successors in trust, under the MARY ANN MYERS LIVING TRUST DATED SEPTEMBER 29, 1995, and any amendments thereto, as Tenants in Common. Grantees WLI"A 14 , That the said Grantors, for and in consideration of the sum of One and No /100 ($1.00) Dollars, lawful money of the United States of America, unto them well and truly paid by the said Grantees at or before the sealing and delivery hereof, the receipt whereof is hereby acknowledged, have granted, bargained and sold, released and confirmed, and by these presents do grant, bargain and sell, release and confirm unto the said Grantees, their heirs, personal representatives and assigns. ALL THAT CERTAIN parcel known as Lot Y07, Section "D" Allendale, Lower Allen Township, Cumberland County, Pennsylvania, according to a Plan of Allendale for Mid State Development, Inc., by William B. Whittock, A.P.E. dated April 12, 1976 recorded in Plan Book 29, Page 105, more particularly bounded and described on Exhibit "A" attached hereto: BEING the same premises which Velma M. Seifert, widow, by her Deed dated August 27, 1985 and recorded August 29, 19e5 in Deed Book L -11, Page eel in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, granted and conveyed unto William G. Myers and Mary Ann Myers, husband and wife, Grantors herein. UNDER AND SUBJECT to that certain mortgage given by Grantees recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania. bODA j29 PA(r 748 UNDER AND SUBJECT to all restrictions, easements, covenants, conditions and agreements of record. TOGETHER with all and singular the buildings and improvements, ways, streets, alleys, passages, waters, water- courses, rights, liberties, privileges, hereditaments and appurtenances, whatsoever unto the hereby granted premises belonging, or in any wise appertaining, and the reversions and remainders, rents, issues and profits thereof; and all the estate, right, title interest, property, claim and demand whatsoever of them, the said Grantors, as well at law as in equity, of, in and to the same. TO HAVE AND TO HOLD the said lot or piece of ground above described, with the messuage or tenement thereon erected, hereditaments and premises hereby granted, or mentioned and intended so to be, with the appurtenances, unto the said Grantees, their heirs, personal representatives assigns, to and for the only proper use and behoof of the said Grantees, their heirs, personal representatives and assigns, forever. AND the said Grantors, for themselves, their heirs, personal representatives and assigns, do covenant, promise and agree, to and with the said Grantees, their heirs, personal representatives and assignu, by these presents, that they, the said Granters, their heirs, personal representatives and assigns, all and singular the hereditaments and premises hereby granted or mentioned and intended so to be, with the appurtenances, unto the said Grantees, their heirs, personal representatives and assigns, against them, the said Grantors, their heirs, personal representatives and assigns, and against all and every person and persons whomsoever lawfully claiming or to claim the same or any part thereof, by, from or under him, her, them or any of them, shall and will, Subject as aforesaid, WARRANT and forever DEFEND. AwilmeAA w4anwJ, the Granters have hereunto set their hands and seals. Dated the day and year first above written. Sealed and Delivered in the P,,r�resseen�c7eoff; SEAL) WILLIAM G. NYERS J7 /,(tj�in (SEAL) MARY A NYERS -2- -001! j.29 PACE 749 l.erlAd- 4le-" 6a I hereby certify that the precise residence of the Grantees herein is as follows: c/o William G. and Mary Ann Myers, Trustees 101 Allendale Way, Camp Hill, PA 17011 q/ Or of GIa nteea — 4Lnnm�men1 COMMONWEALTH OF PENNSYLVANIA : t as COUNTY OF DAUPHIN S On this, tha4��day of September, 1995, before me, a Notary Public in and for the Commonwealth of Pennsylvania, the undersigned officer, personally appeared WILLIAM G. MYERS and MARY ANN MYERS, husband and wife, known to me (or satisfactorily proven) to be the persons whose names are .subscribed to the within instrument and acknowledged that they executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereont e t my han a o fi seal. COMMONWEALTH OF PENNSYLVANIA ) ) so: COUNTY OF CUMBERLAND ) RECORDED in the Office of the ge9order of Deeds d for Cumberland County, in Record Book f(7M , Page f WS NESS my ha d„aQtl official seal this day of RECORDER OF DEEDS ..�.a�m EXHIBIT --An ALL THAT CERTAIN parcel known as Lot 147, Section "D" Allendale, Lower Allen Township, Cumberland County, Pennsylvania, according to a Plan of Allendale for Hid State Development, Inc., by William B. whittock, R.P.E. dated April 12, 1976 recorded in Plan Book 29, page 105, bounded and described in accordance with said plan as follows: BEGINNING at a point on the eastern right -of -way of Allendale Nay, 1 60 foot right -of -way, at the southwest corner of Lot 118 Section "D ", said point being located and referenced a distance of 1,209.89 feet in a southeast direction from the Intersection of the southern right -of -way line of Fieldstone Road, s 50 foot right -of -way, and the eastern line of Allendale Nay; thence by Lot 148 north 50 degrees 57 minutes 08 seconds east, a distance of 95.00 feet to a point at Lot 169 Section "E" Allendale: thence by the some south 39 degrees 02 minutes 52 second* east, a distance of 122.68 feet to s point on the northern right -of -way line of Fineview Road, a 50 foot right -of- way; thence by the same in a southwesterly direction on the arc of a curve curving to the right having a radius of 125.00 feet, an arc length of 25.17 feet to a point of tangency; thence by the same south 50 degrade 57 minu Lae 00 asconde vest, a distance of 55.00 feet to a point of tangency; thence In a northwesterly direction on the arc of a curve curving to the right having a radius of 15.00 feet, an arc length of 23.56 feet to a point on the eastern right -of -way line of Allendale Nay; thence by the same north 39 degrees 02 minutes 52 second& west, a distance of 110.00 feet to a point, the place of Beginning. This being Lot 107 Section "D" Allendale containing 11,701.J4 square fast and ou Llbct too 15 foot wide utility easement ; r.t the rear of the lot as shown on N. B. NhiLtock Plan, File "Ands le" IIN— driVSE(— Having thereon erected a two -story f due t kn n as ends Nay. BOOK 129 YALE 751 Myer* W4 I PT yM, d ID VALUATION DATA MM E LXEMPTION DATA _ t. Chwh APP.aPde.a Y.. IINe« for 6nxP•Na Cl .d ❑ WIII .. IMa.roN .umewien ❑ Tra.Ww ro IndwMN Dwwe!o, M AY . ® inndar ft. "a. IAead. xwPla.a a.pY N IM ayaanM IdmAyhp aY beadWad...) ❑ Tremf.. bwv.w pdndpal and a Yew. (AU«A mwPIw a mpy N eYxeY /�Ila. MM aMe.wwa.) ❑ Txndwe ro .W Cv�, the Unbed Lww aM Mawmaro aw by YIN, dwIvo%m, wan am caoo ar in Iw N oawk. en. of wndaxmRee e. N Ix N wndwxaWn, enwh wpy d nmok .) ❑ Tnndar hwn wedYpe. le a heNar sl v wsnype Iv da , Mw.Yepe led Nvwb« , Ppa Nwebw ❑ CeneMva w mA Iory dwd. (AneA s Isw wPY N Ae pdw dead bdp wn•aad ❑ Slwwery nerpen a <anwihlein, wwew «Adniw. (Af& e•PY N eM".) E�idhwlPlwwxpbina •nnpllx'WFwd,YedrAxWed.bw..j franafar 1, to f the beneficiaries of which vould be amampt transferees for purposes of state and local real estate texas. Uwiw�webYe Nlnv, IJwIw.Nw I MwaaaMn.d Ala Slwawwd, InelnMa awwnPaaYMa in/a..nwl.n, wd w.M Yawn /wyiadedaa !w 129 PAGE 752 PYOMHLY M ATTACH APPUCAMY DOCUMSNTATON MAY MSULT IN TNI MCOYDM'S MWL1L Premier Appraisals File No, 1204001 Casa No Table of Contents Page Title Page # Residential Appraisal Page I I Residential Appraisal Page 2 2 Residential Appraisal Page 3 3 Extra Comps 4 -5-6 4 Cenification Page 1 5 Cenification Page 2 6 Certification P8ge3 7 Sketch g location Map 9 Photo Subject lfi Photo Comparobles 1 -2 -3 11 Photo Comparebles 4 -5-6 12 Produced by ClickFORMS Software 800 -622 -8727 Premier APprais.ls File No 12D4M1 Residential Appraisal Report Case No f The ournose of this summary ann. aulror.,d Kmn, n„ ;,nerho ­u,.; a�,. ..,�...,...,,,.._......,._,_.. ,fir o „tea Inarkelyam ormesu act ro en Property Address 101 Allendale We Cit Camp Hill Stale PA Zi Cotle 17011 ' Owner Mors, William G. & Me Amt Trust IPte(aled User Mary Ann Myers I M e s Estate County Cumberland a al Desch do Deed Back 129 Pa a 748 Assessor's Parcel Cy 13 -25- 0010 -196 Tax Yeas 2011 -12 R.E.Taxe3$ 3515.00 -; 3 Nei hborhood Name Allendale -Lower Al len Townsh1 Mato Reference Tax Man 13 -25- 0010 -196 Census Tract 0109.00 "+ Occu ant x Omer Tenant Vacant 5 ecial Assessments rv/A PUD HCA $ N er ear er month Pr h R' his raised X Fee Sim le Le seh Id Olh Ida hits) Intended Use The intended use ofth,s re earr is to communicate the a raisers op” of cunem market value of the subject roe m the named clian onl Client M Ann Mess Ad Ine33 101 Alletdale Way, Canip Hill PA 17011 Isthesubect ro If cuv¢nll offered for sale or has it been offered for sale in the twelve months prior to the effective date of this a raisal? Yes x No— Report data sources used OttefN s ( S and dates To the a aiscis knowled a and per the multi le list in A service, the subject has not been offered for sale in the tweve months rior ro the effective dale of tbisa raisal. j w� 1 rid dltl not analyze the contract for sale for the subject purchase lranseetbn. Explain Ina results of the analysis of the contract for sale or why the analysis was not Performed . N/A "- COnilacl PflCe N/A Date Of COOifad NlA Is the re aft seller the owner 0l uhlic reCOrtl? Y¢s No Ddla $OUrce3 N/A I -'« Is there any financial assistance (loan charges, sale concessions, gill or dOwnpayment assistance, elcJ to be paid by any pally on behalf of the purchaser? Yes No It Yes re tort the total do11w amount and describe the items 10 be aid. N/A Note: Race and the racial COMPOSIfican of the net NsighborhoodGharachvistks Location Urban x Suburban[—] Rural hborIs dare not appraisal factors. One -Unit HauNn Trends One- UnitHousing PraasmLandiba% Pro ell Values Increasin X Stable Dechnin PRICE AGE One -Unit 25 ' Built -U Over 75% X 25 -75% Under 25% DamantllSu I Shona e x In Balance Oser $Opp rs 2-4 Unit % 'S Growth Ra 'M X Stable Slow Markelin Time Urga-3rn8s x 3 -6 mihs O.emnis -150 Low 410 Multi -Famil 17 hborhood.Boundanes The sob'er's nei hborbood is rou hl bounded to Lisburn Road in the west Carlisle Road to 2350 Hi h >75 Commercial % the north Roble 83 to the ease and Limekiln Aced to the south. 190 -230 Pred. 2540 Other Vaum 25 % Nei hborhood Damon lion The sub'ecYS sunoundin area is main) resitleNiel in nature with a short commute to schools sho in and desired amenities. Ma or em to rent centers include The Commonwealth of PA, Mihmml, Blue Shield The Army and Navy Depots The surrounding various style dwellings appear ofaver ,condition end �, "constmction. Appe.1 to Inarket is rated ever e. No ydyor,i,n,wkoab,hty factors noted at inspection. Market Conditions inclutlin 5u dfor [he above conclusions Genemlmerkct contliebns ere conakcred svble as monaelmerest rates have been.... Cable in the 3 -8% inn c for several months. FHA and VA financin is available end seller wncessions are sometimes aid in wntriM1ution towards urchaser's dos,a costs. Market,. time lull inn es (mm 45 10180 da s. Demand end 8n I a r in line with similar nei hborhoods in this market wren. Olmen51pn3 As Per Public Reurds Area 026 Ac s $ha a Mostl Rectan ular Vi¢w Residential $ ¢gfic Zonin Classification RI Zonin DeeOfi lion Sin le Femil Established Residential �'+xr Zoni C 'ante X Le al L INOnconformin Grandlatheretl Use No Zonin Ille al describe -. Is the h' hest an best use of soli eel ro n as im rovetl or as ro osed er tans and s ecdications the resent use? x Ves No If No describe. ,. Utilities Public Other describe Public Other describe OH -site Ira rovemenla -d Public Private Eleclncit X 200 Am CB Water X Street As halt X ' Gas ,r Sanitary Sewer I x I Alley None FEMA S ial Flood Hazard Area Yes x No FEMA Flood Zone X FEMA Me # 420116 FEMAMa Date 03 -16 -09 Are the utilities and /or off -site im mvements t :cal for the ma ker azas? I X I Yes I lNo If Ne describe. Aretherean adversesit conditions or exlemal factors a semenls encroachments environmental conditions [and uses etc? Ves LX No It Yes describe. i ry s� Gerald Deracrl Ion Foundation Exterior cription matedalalcondition Interior metsdalslwndWon Units X One One with Accesso Unit Concrete Slap I jCrawd Space Foundation Walls Pored CoacmdAyg, Floors W W Tilc Laminate /A. is of Shares Two X Full Basement Partial Basement Exterior Walls Brick/Ay W¢Is D aiVAv T X Del Aft. S -Det. /End Unit Basement Area 1,904 s.ff. Roof Surface 5hineks/Av8 Tnmffmish wOOdlAv X Existln Pro ose Under Count. Basement Finish OYo Fin ished % Gutters RDOwne Outs Metal /AV Bwh F00! Cer et /Av De n tle Traditional Outside Ent /Exit $um Pum WiOdowT a Double Hun Av Bath Wa' t PlastiGAv %. Yew Buhl 1978 Evidence of Infestation $IOrm Sasn /Insulaletl Thermal Pene /Av Car 51nra ¢ None Effective Ads Yrs 30 Years I I I Dam ness I i Settlement I Screens Ycs/Av x nveway of Cars 2 Aac None hiessand, x FWA H Radiantl Amenities iy Surface Concrete _ Drop Stair Stairs I Other Fuel Oil I I x Firepai # I Fence X Gara a #of Cars 2 Floor X Scuffle Cookn x Central Au Conditionin X PatblDeck Rear x Porch Covered Car of #of Cars 0 Finished Heated Individual Other Pool Other X I All Det. I iBuiltm A fiances P Refrigerate X Ran ,/Oven I X 10i.%hwaqhprl X Dis osal I P t Microwave P W¢ShedQ, er X Ofhw descnhe FanlHeod P= Pttsonalt Finished area above grade contains', 8 Rooms 4 Bedrooms 2.50 Baths 2 506 S uwe Feet of Gross Living Area Above Grade Additional features fspecial enemy efficient items etc Newer Furnace and Ccmral Air Conditioning, Secufity System, Crown and Chair Rail Moldin , Work Disk m KRChell', Baatmenl Aria Under Gans Gin a Finished with Drywall, P board and Electric DoorOener; Themtal Pane Windows. " +yy Describe the __oil_ Cr f the narrowly inclutlin needed re airs delenoratien renovations remodelin etc.. The sub'm m rov<me ns wore in every a overall condition at "R the rime ofthe a misal ins soon, Ia ..... tlw inserior is sli hn rimed cosmeticail .There were no items of ll sical fo mlonai or extemel obsolescence other han r cal ? , physic.l de0reci.fon due to aye rated at the to of h s a Pre'sal !1. Are there any Ohvsical deficiencies or adverse conditions that affect the lvabTly, sountlness or structural rote tit of the ro en 7 Yes x No II Yes, tlescrlhe ,2,�The t o s e c oral i there rid es t ant en o t o t ore ofd esubbet r ar -(t Does the pope n enerall conform to the rte hborhootl funclienal utilil sl le wntlition use construction etc.? X Yes No II NO. tlescnbe NL - Resldential512007 This form may be reproduced unmodified without written permission, however, Bradford Technologies, Inc. must be acknowledged and credited Produced by ChckFORMS Software 800- 622 -8727 Page 1 of 12 .......� nVV.niae.a File No 1204001 Residential Appraisal Report Case No There.. 0 romnarahle monadias rurmnlly nnnmd for solo In Imo a,ha1s nc.nhw,rhn„d. —r— It There are a comparable gales in the suoecl net hborhood within the Past twelve months ran in in sale Pool from 205,01 1 to 275,000 FEATURE SUBJECT COMPARABLE SALE # 1 COMPARABLE SALE # 2 COMPARABLE SALE # 3 h Address 101 Allendale Way Cam Hill, PA 19011 5 Lantern Lane Cam Hill, PA 17011 116 Allendale Way Cam Hill, PA 1]011 244 Deerfield Rd. Cam Hill PA 1]011 -',a$ Proxmit to Sub ct 059 miles Nov 0.09miles NW 043 milesN Sale Price N /A' $ 257,900 $ 205000 $ 253000 '.• Sale Proe/Gross Liv. Area 000 s It $ 100.9K go Il. 969] s 91. $ 92.84 5.it. Data Source s Iro lion Molt List - 10217478 Multi List- 10214067 Multi List- 10212565 Verification Source 5 Public Reco ds Publ is Records /Eat. ins Pudlic RCCOSdslE+st. fns Public Records?Ext. ins VALUE ADJUSTMENTS DESCRIPTION DESCRIPTION - Adustmenl DESCRIPTION - Atl uslment DESCRIPTION - Aduslment ' Sale or Fi ancin N/A Conventional -B4O0 Conventional -300 Convcntioal u Concessions N/A 38 Days Mkt i 160 Da s Mkt 101 Des Mkt Date of Sale/Time N/A 03 -14 -12 03 -01 -12 01 -17.12 Location Scb.,b..IAVR Saburb.n Av $ubmb.n/AV Suburban/Avg Leasehod /Fee Simple Fee Sim Ie Fee Sint lc Fee Sim le Fee Simple Site 0 26 Acre 0.34 Acm 0 23 Acre 0.28 Acre View Residential Residential Residential Residential �. DeSi n St le Traditional Traditional Traditional TmditionaWS lit Level Quality of Construction Brick Alum innm Brick +250 Aluminum Brick :tZ50C Aluminum,Brick +250 y' Actual a 34 rs 50 rs 34 rs 38 a Condition Aver. c Above Averse -5,00 Averse Avnn e Above Grade Total Bdrms Baths Total Bdrms Baths Total Bdrms Baths Total 8tlrms Baths Room Count K 4 2.50 10 4 2.50 8 4 2.50 9 4 2.50 Gross Livin Area 2 506 5 . h. 2 554 5 .ft 2 114 5 . ft +15,68 2125 5 It -8 76 Basement 8 Finished Rooms Below Grace Full Basement Unfinished Full B.ssment Famil Room -5o0 Full Basement Rec Rm -5.0001 OU Basement Rec Rm Pwdr Rm -600 - Functional Utilit Averse Average Avaa a Average Healln /DOOIIn Oil FHA/CA Oil FHA/CA Hcat Pvm /CA Gas FHA /CA Energy Efficient Items Themul Pane Storm Windows St.., Windows Sturm Windows Gam e/Ca Od Car Gar An 2 Car Gar. An 2 Car Gar. Art. 2 Car Garage Porch lPatio lDad _2 Porch,Patio Porch,Patio Perch,Patio Porch,Patio ,1. fire lnces 1 Fireplace 1 Fire law I Fire law I Fire lace Other Amenities None None None None ,'J ;,Nel Adiustment Total77-7T - $ -12260 " . Adjusted Sale Price of Com arables Net Adj: -6% Gross Ad : 8% 242,400 Net Ad)'. 5% Gross Ad: 13% S215,180 Net Adj: -5% Gross Ad: 7% 1$240,740 �— x did did no! research the sale or transfer historyofthe subject property and comparable sales. [(not excitair. Three ens snknratsfer hisl.ties was o searchW Far all r. ics. M research did x did not reveal an rior sales or transfers of the subject ro en for the Three ears prior to the effective date of this appraisal. Datasources Public Records ..._ ,.. My research dvad I x I did not reveal an 'or sales or transfers of the com arable sales for the Year Prior to the date of sale of the com arable sale. Data s0urc25 Public Records " Report the results of the research and analysis of the Poor sate or Vansler N,;itory of the subject gropert and cam arable sales firesch door onal rior sales on a e 3 . ITEM SUBJECT COMPARABLE SALE # 1 COMPARABLE SALE of 2 COMPARABLE SALE # 3 Dale of Prior Sale/Transfer No Known Sates In The No Known Sales In The No Known Sales M The No Known Safes In The Price of Pnor SalefTrani Past There Years- Pesr Vcar Past Venr. Pest Vear. Data Sources Somce Public Records. So ucn Public Records. Source: Public Records. Source Pubis Records. E1ecllve Date of Data Sources 04 -12 -12 04 -12 -12 04 -12 -12 04 -12 -12 ' .Anal sis of rior sale or t osier histo of the wh' d ro rt and com arable sales NA . Summary of Sales Comparison Approach All sales ere enached dwellin located in the su8wrs market area and arc considered the ben availabl<for com arison as vnluc 'indicators. The selected com rubles are closed tmnsanions. The s ecified dates of sale for the utilized com arables are the actual settlement dates or dams of dent oaNfes. Verification s with rise Cumberland County Courthouse See the attached comment section for an expianatlon of the adjustments. -lr5 Indicated Value by Sates Compa r on Approach 240,000 Indicated Vallee :Sales Connorlsom Approach 240,000 Cost Approach if developed) Not Develo ed Income A roach ifdeveln ed Not Develo an Three sea ....Pass to value were considered in .Pavel. in the. inion of value. Duemthe reliahilit of the data, emphasis was Placed on the sales comparison u conch. Tim S` cost and iae.me slip ...cTes were considered as nor applicable due to these ofthe home and the lack ofreliabie rental data resectivel and therefore not developed. Ara This appraisal is made x 'WG, subject to completion per plans and specifications on the basis of a hypothetical condition that the Improvements have been x completed, ❑subject to the following repairs or alterations on the basis of a hypothetical condition that the repairs or alterations have been completed, or El subjecttothe ,a -.i follow,no reisuireclaisdection based on the extraordinary assum lion thatthe conditionadetkiew does not re wire alteration or re air P,p Based on a complete visual inspection of the interior and exterior areas of the subject property, defined scope of work, statement of assumptions and limiting °Iqq conditions, and appraisers certification, my (our( opinion of the market value, as defined, of the real property that is the subject of this report is UP, 00 as of 04105no 12 bi Residential 512007 This form maybe reproduced unmodified without written permission, however. Bradford Technologies. Inc must be acknowledged and credited. Produced by ClicKFORMS Software 800- 622 -8727 Pana 7 of n Residential Appraisal Report File No 1204001 Case No An 8 japm.s.1 inspection Was le.ani erformed and the soil en f0pehy was ird,,s Sed for this Slllllmary APPra158 2DOff. ThC u5c Of the ICfm inSgeChOn in this agpf Alsat re on refers onlyto the access of atherin data erlinem to [he cam tartan of an a misal for estimmin an o inion of marker value. This muss is onl a visual y observation of re visible antl accessible areas of the suti ecf ro art The a raisers not a home Ins ecmr and does not warrant an en or whole of the sudbct "'11 The intended User ofthis montuhl ne o is the named Client The lnlrnded Use is m evaluate the ir.aliany that is the sub'ett of this A sisal mid wmmunicalE the X sisals o imon ofmarket value to the namUl Client silb a. to the staled SCO a of Wnrk, ur oSE Of theft sisal re Oflin tt uilemenlS Of this a rai5a re Ort lDrm, It and Definilion of Market Value. No additional Intended Users are identified h the s raiser The sc a of work erfo.metl In the re oration of this a sisal may be T fulllel Im Brled Witlln the a 1815A re rt. Asales concession ad us[menl was ii to all sales to reflect the difference between the sales prices with sales concessions and whet the to cn would have sold for without the concessions. A itit.la, of Wastn¢tion ad'uslmem was a lied m all sales. due to the resuse of vin or nlunvnum siding on their rmeriar walls. p Condition ad'uslmenls were a lied to <om erablzs one and (our becazlse these homes were a dated m a rester de rtt than the sub act wish remodeled kitchens. All ether ,tom enables selectetl were in avers ct+us <osmdicall dated cmnditlon similar to the sub'ect. yv' ±'frZ (jm55 (VIII a(ea ad ns5mE111$ Were CalCi1181ed At E40 per square Joint. The adjustments Were calculated for the market's reaction to flit differing amenities and conditions. I� lw 44 u #.i :t - COST APPROACH TO VALUE (if applicable) Soubboi for he tutor of site value summa of comparable land sales a other methods for estimal site value ^ESTIMATED 'q )N OR REPLACEMENT COST NEW OPINION OF SITE VALUE _ Source of cost data Dwellin 2,506 S.FI. _ ', Ouali fad Irom cost service Ededivedale of costdata Bsml. 1904 S,Pt. _ ?i Comments on Odin A osch forrises Irvin area calculati ns depreciation, etc. `' Due to the eof the suti eel, the costa roach was wnsidered as note licable and Garar.iCarni 670 S.Ft. was not cam leted. Total Estimate of Cost -new - o Less Ph sical 40 IFunctional I External D eciation 0 - o Depreciated Cost of Improvements = 0 1 'As is' Value of Site Improvements = Estimated Remainino Economic Life (HUD and VA only) 40 -50 Yearsl Indicated Value By Cost Approach = Not Developed INCOME APPROACH TO VALUE IN applicable) } Estimated Monthly Market Rent N/A X Gross Multiplier N/A = Not Developed Indicated Value b Income roach Summan, of hltpme Approach (Imdudirysq supM for market rent and GRM Due to the lack of reliable metal data the income approach was considered as not applicable and was not cam feted. PROJECT INFORMATION FOR PUDS if applicable _ Is the develootedbuilder in control of the Homeowner's Association HOA)? I IYMF No Unit t s ) F7[)etachM Attached *'. Provide the folgiving nlortnation for PUDs ONLY if the developer/builder is in contact of the HOA and the Sub t o(doerly is an snatched dwelling unit, Local Name of Picini > Total number of bases Total number of units Total number of units sold Total number of units rented Total number of units for sale Data source s `�* Was the meet created by the conversion of existin butldin s into a PUD? Yes No If Ves tlate of conversion. r:' #Does Ue contain an mullidxehin units? Yes No D la source, 'Are the units common elements dud recreation facilities complete? Yes F I No li No describe the status of com letion. �., Are the common elements leased to or by the Homeowner's Association? I Yes I No If Yes describe the rental terms and colors, , Descdbe common elements and recreational facilities. NL Resscl 612007 This turn may be reproduced unmodified without written permission, however, Bradford Technologies. Inc must be acknowledged and credited Produced by ClickFORMS Software 800- 622 -8727 Pao. t of n Pre"". Al isals EXTRA COMPARABLES 4 -5 -6 File No 1204001 Case No Borrower Property Address 101 Allendale Way City CmnP Hill County Cumberland State PA Zip Code 17011 Lender /Client Mary Ann Myers Address 101 All d W y C Hll Pq 1]011 hn FEATURE SUBJECT COMPARABLE SALE# 4 COMPARABLE SALE# 5 COMPARABLE SALE# 6 r'Y}y Adore% 101 Allendale Way Yi Camp Hill, PA 17011 , 208 Flnevlew Rd- Coup Hill PA 17011 229 WLtding Way Cam Hill PA 17011 I Deerfield Rd. Cam Hill PA 1]011 Pfo %imif Io SUbeC 028 milauN 0.15 miles (I'Tintes NE IN Sale Prim N/A $ 269 500 $ 239,900 $ 218,700 Sak PdccvGrass Liv. Area 0.00 s.B. $ 9473 s,ft. 102.35 IL fl. 9090 s.fl. Data Source(sl { ion Multi List- 10212119 Multi List - 10211694 Multi List- 10208826 Verification Source s Public Records Public Reoords/Ext. Ins Public Records /Ext Into Public Records /Ext. Ins VALUE ADJUSTMENTS DESCRIPTION OESCRIPTION -$Ad'slmenl DESCRIPTION i S Adiustment DESCRIPTION - Adustmenl u Sale or Financing N/A VA -10,00 Conventional Conventional Concessions N/A I31 Dos Mkt 2 Mn Mkt 6 Days Mkt Date of Sale/Time N/A 12 -06 -II 08 -25 -11 07 -08 -II Location Suburban/AV Suburban /AV Suburtan/Av SubulbaNAv L¢aseholdifee Sim Is Fee Sim Ie Fee Sim Ie Ic Fee Sim Ic Site 0,26 Acre 0.24 Acres --fee -Son 0.28 Acre 0 45 Acre View Residential Residential Residential Residnnial Deft n St Is Traditional Traditional/$ Iit Level Traditional Traditional Quality of Construction Brick Vin I,Btick 5001 Vin (Brick +500 Vin (Brick +250 ActualA 34 is 34 is 1 45 vrs rs Condition Ave. a Above Avere a -500 Avere a e Above Grade Total Bdrms Baths Total Bdrms Baths Total Bdrms Baths Baths Room Count 8 4 250 9 4 2.50 8 4 250 250 Gross Loan Area 2 506 fl 2 845 5 . fl -1356 2144 5 N *6 48 S fl. Basement & Finished Rooms Bebw Grade Pull Basement Unfinished Full Basement Unfinished F ill Bsement Unfnished M32,, ement en Br PR -10,0 Functional Utild Avera a Avera a e ;i Healln /Coolin Oil FHAICA Gas FH AICA Gas FHA/CA A/CA I Effcienl Items Thermal Pan, Stomt Windows Storm Windows indows .. Gara elCa on 2 Car Ga, Ate 2 Car Gara e 2 Cat Get. An. 2 Car Gar Aft Porch/Patio/Dock Porch Patio Porch Patio Porclt Patio Belc. 1.00 Stoo Lar c Deck ' Fire Ices I Fire lace Fire lace I Fireplace 1 Fire ace t•, ° -. Pool, OtherWmenitiu None None None None c'i Nel Aduslmenl TtNa1 * X - $ -26,060 X + - $ O 480 + X - $ -7,500 Adjusted Sale Prim C of Com aral il. Net Adj: -10% Gross Art : 12 °/a �S 243.441) Net Adj: 4% Gross Ad': 5% $ 250 380 Net Act -3% Gross Ad : 6% 21 1 200 Report the results of the research and analysis of the onsor sale or trarrififthmi at the subject unstafty, and com arable sales ITEM SUBJECT COMPARABLESALE# 4 COMPARABLESALE# 5 COMPARABLESALE# 6 Date of Prior Sale /riansfor No Known Sales In The No Known Sales In The No Known Sales (n The No Known Sales In The Price of Prior Sale/Franster Past Three Years. Pest Yenr Past Vear. Past Year. Data SOUrc¢ s Source: Public Records. Source'. Public Records. Source: Public Records. Source: Public Records. Neri Date 01 Data SourmS O4 -12 -I2 04 -12 -12 04 -12 -12 04 -12 -12 Analysis of nor sale or transfer hilo of the sueect ro rt and comarable sales N/A i! Summary of Sales Com anson A foaCil Additional Coin PRt1 e5 are awnitd as support a date, =!Y ^ryi yY t I Produced by ClickFORMS Software 800- 622 -8727 Page 4 of 12 File No 1204001 Case No This appraisal report is subject to the scope of work, intended use, intended user, definition of market value, statement of assumptions and limiting conditions, and certifications. The Appraiser may expand the scope of work to include any additional research or analysis necessary based on the complexity of this appraisal assignment. SCOPE OF WORK: The scope of work for this appraisal is defined by the complexity of this appraisal assignment and the reporting requirements of this appraisal report form, tnctudirrg the following definition of market value, statement of assumptions and limiting conditions, and certifications. The appraiser must, at a minimum: (1) perform a complete visual inspection of the subject property, (2) inspect the neighborhood, (3) inspect each of the comparable sales from at least the street, (4) research, verify, and analyze data from reliable public and /or private sources. and (5) report his or her analysis, opinions, and conclusions in this appraisal report . DEFINITION OF MARKET VALUE: As per Fannie Mae the definition of market value is the most probable price which a property should bring in a competitive and open market under all conditions requisite to a fair sale, the buyer and seller, each acting prudently, knowledgeably and assuming the price is not affected by undue stimulus. Implicit in this definition is the consummation of a sale as of a specified date and the passing of title from seller to buyer under conditions whereby. (1) buyer and seller are typically motivated, (2) both parties are well informed or well advised, and each acting in what he or she considers his or her own best interest, (3) a reasonable time is allowed for exposure in the open market; (4) payment is made in terms of cash in U. S. dollars or in terms of financial arrangements comparable thereto; and (5) the price represents the normal consideration toy the property sold unaffected by special or creative financing or sales concessions' granted by anyone associated with the sale. 'Adjustments to the comparables must be made for special or creative financing or sales concessions. No adjustments are necessary for those costs which are normally paid by sellers as a result of tradition or law in a market area; these costs are readily identifiable since the seller pays these costs in virtually all sales transactions. Special or creative financing adjustments can be made to the comparable property by comparisons to financing terms offered by a third party institutional lender that is not already involved in the property or transaction. Any adjustment should not be calculated on a mechanical dollar for dollar cost of the financing or concession but the dollar amount of any adjustment should approximate the market's reaction to the financing or concessions based on the appraiser's judgment. STATEMENT OF ASSUMPTIONS AND LIMITING CONDITIONS: The appraiseescenificationin this report is subject to the following assumptions and limiting conditions'. I . The appraiser will not be responsible for matters of a legal nature that affect either the property being appraised or the Lille to it, except for information that he or she became aware of during the research involved in performing this appraisal. The appraiser assumes that the title Is good and marketable and will not render any opinions about the title. 2. The appraiser has provided a sketch in this appraisal report to show the approximate dimensions of the improvements. The sketch is included only to assist the reader in visualizing the property and understanding the appraisers determination of its size. 3. The appraiser has examined the available Flood maps that are provided by the Federal Emergency Management Agency (or other data sources) and has noted in this appraisal report whether any portion of the subject site is located in an identified Special Flood Hazard Area Because the appraiser is not a surveyor, he or she makes no guarantees. express or implied, regarding this determination. 4. The appraiser will not give testimony or appear in court because he or she made an appraisal of the property in question, unless specific arrangements to do so have been made beforehand, or as otherwise required by law. 5. The appraiser has noted in this appraisal report any adverse conditions (such as needed repairs. deterioration, the presence of hazardous wastes, toxic substances, etc.) observed during the inspection of the subject property or that he or she became aware of during the research involved in performing this appraisal. Unless otherwise stated in this appraisal report, the appraiser has no knowledge of any hidden or unapparent physical deficiencies or adverse conditions of the property (such as, but not limited to, needed repairs, deterioration, the presence of hazardous wastes, toxic substances, adverse environmental conditions, etc.) that would make the property less valuable, and has assumed that there are no such conditions and makes no guarantees or warranties, express or implied. The appraiser will not be responsible for any such conditions that do exist or for any engineering or testing that might be required to discover whether such conditions exist. Because the appraiser is not an expert in the field of environmental hazards, this appraisal report must not be considered as an environmental assessment of the property. 6. The appraiser has based his or her appraisal report and valuation conclusion for an appraisal that is subject to satisfactory completion, repairs, or alterations on the assumption that the completion, repairs, or alterations of the subject property will be performed in a professional manner. N1- - General Cenitication 512007 Tha form may be reproducedunnwtl 'dietl wiNOUtwriaen permission , however. Bradlorl Technologaer Ino must M acknowledged and creauea. Produced by ClickFORMS Software 800- 622 -8727 pane s of n File No 1204001 APPRAISER'S CERTIFICATION: The Appraiser certifies and agrees that 1. 1 have, at a minimum, developed and reported this appraisal in accordance with the scope of work requirements stated in this appraisal report . 2. 1 performed a visual inspection of the interior and exterior areas of the subject property. I reported the condition of the improvements In factual, specific terms. I identified and reported the physical deficiencies that could affect the livability, soundness, or structural integrity of the property. 3. 1 performed this appraisal in accordance with the requirements of the Uniform Standards of Professional Appraisal Practice that were adopted and promulgated by the Appraisal Standards Board of The Appraisal Foundation and that were in place at the time this appraisal report was prepared. 4. 1 developed my opinion of the market value of the real property that is the subject of this report based on the sales comparison approach to value. I have adequate comparable market data to develop a reliable sates comparison approach for this appraisal assignment. I further certify that I considered the cost and income approaches to value but did not develop them, unless otherwise indicated in this report. 5. I researched, verified, analyzed, and reported on any current agreement for sale for the subject property, any offering for sale of the subject property in the twelve months prior to the effective date of this appraisal, and the prior sales of the subject property for a minimum of three years prior to the effective date of this appraisal, unless otherwise indicated in this report. 6. 1 researched, verified, analyzed, and reported on the prior sales of the comparable sales for a minimum of one year prior to the date of sale of the comparable sale, unless otherwise indicated in this report . 7. 1 selected and used comparable sales that are locationally, physically, and functionally the most similar to the subject property. 8. 1 have not used comparable sales that were the result of combining a land sale with the contract purchase price of a home that has been built or will be built on the land. 9. 1 have reported adjustments to the comparable sales that reflect the market's reaction to the differences between the subject property and the comparable sales. 10. 1 verified, from a disinterested source, all information in this report that was provided by parties who have a financial interest in the sale or financing of the subject property 11. 1 have knowledge and experience in appraising this type of property in this market area 12. 1 am aware of, and have access to, the necessary and appropriate public and private data sources, such as multiple listing services, tax assessment records, public land records and other such data sources for the area in which the property is located. 13. 1 obtained the information, estimates, and opinions furnished by other parties and expressed in this appraisal report from reliable sources that I believe to be true and correct. 14. 1 have taken into Consideration the factors that have an impact on value with respect to the subject neighborhood, subject property, and the proximity of the subject property to adverse influences in the development of my opinion of market value. l have noted in this appraisal report any adverse conditions (such as, but not limited to, needed repairs, deterioration, the presence of hazardous wastes, toxic substances. adverse environmental conditions, etc.) observed during the inspection of the subject property or that I became aware of during the research involved in performing this appraisal. I have considered these adverse conditions in my analysis of the property value, and have reported on the effect of the conditions on the value and marketability of the subject property. 15. 1 have not knowingly withheld any significant information from this appraisal report and to the best of my knowledge, all statements and information in this appraisal report are true and correct. 16. 1 stated in this appraisal report my own personal, unbiased. and professional analysis, opinions, and conclusions, which are subject only to the assumptions and limiting conditions in this appraisal report . 17. 1 have no present or prospective interest in the property that is the subject of this report, and I have no present or prospective personal interest or bias with respect to the participants in the transaction. I did not base, either partially or completely, my analysis and /or opinion of market value in this appraisal report on the race, color, religion, sex, age, marital status, handicap, familial status, or national origin of either the prospective owners or occupants of the subject property or of the present owners or occupants of the properties in the vicinity of the subject property or on any other basis prohibited by taw. 18. My employment and /or compensation for performing this appraisal or any future or anticipated appraisals was not conditioned on any agreement or understanding, written or otherwise, that I would report (or present analysis supporting) a predetermined specific value, a predetermined minimum value, a range or direction in value, a value that favors the cause of any party, or the attainment of a specific result or occurrence of a specific subsequent event. 19. 1 personally prepared all conclusions and opinions about the real estate that were set forth in this appraisal report. If I relied on significant real property appraisal assistance from any individual or individuals in the performance of this appraisal or the preparation of this appraisal report. I have named such individual(s) and disclosed the specific tasks performed in this appraisal report . I certify that any individual so named is qualified to perform the tasks. I have not authorized anyone to make a change to any item in this appraisal report, therefore, any change made to this appraisal is unauthorized and I will take no responsibility for it 20. 1 identified the client in this appraisal report who is the individual, organization, or agent for the organization that NL- General Cenilicalloo52W7 This lmm may ba feprodumd unmodified without written permission . however, Bradford Techn obyles, Inc must be acknowledged antl coidlled Produced by ClickFORMS Software 800- 622 -8727 Para F r,r .- ........,.......... I ue .vu. Ieuauvi Cmc No 21. 1 am aware that any disclosure or distribution of this appraisal report by me or the client may be subject to certain laws and regulations. Further, I am also subject to the provisions of the Uniform Standards of Professional Appraisal Practice that pertain to disclosure or distribution by me. 22. If this appraisal report was transmitted as an "electronic record" containing my "electronic signature,' as those terms are defined in applicable federal and /or state laws (excluding audio and video recordings), or a facsimile transmission of this appraisal report containing a copy or representation of my signature, the appraisal report shall be as effective, enforceable and valid as if a paper version of this appraisal report were delivered containing my original hand written signature. SUPERVISORY APPRAISER'S CERTIFICATION: The Supervisory Appraiser certifies and agrees that 1. 1 directly supervised the appraiser for this appraisal assignment, have read the appraisal report, and agree with the appraiser's analysis, opinions, statements, conclusions, and the appraiser's certification. 2. 1 accept full responsibility for the contents of this appraisal capon mcWding, but not limited to, the appraisers analysis, opinions, statements, conclusions, and the appraiser's certification. 3. The appraiser identified in this appraisal report is either a sub - contractor or an employee of the supervisory appraiser (or the appraisal firm), is qualified to perform this appraisal, and is acceptable to perform this appraisal under the applicable state law. 4. This appraisal report complies with the Uniform Standards of Professional Appraisal Practice that were adopted and promulgated by the Appraisal Standards Board of The Appraisal Foundation and that were in place at the time this appraisal report was prepared. 5. If this appraisal report was transmitted as an "electronic record" containing my "electronic signature;' as those terms are defined in applicable federal and /or state laws ( excluding audio and video recordings). or a facsimile transmission of this appraisal report containing a copy or representation of my signature, the appraisal report shall be as effective, enforceable and valid as if a paper version of this appraisal report were delivered containing my original hand written signature. APPRAISER 44 Qnra Name Willie. M. Davis - PA CQllfad Residential R.E. Appraiser Company Name Premier ADpreisals Company Address 3015 Harvard Ave. Camp Hill PA 17011 Telephone Number 717430 -9586 Email Address wifin-085364.1 .com Date of Signature and Report 04/14RO12 Effective Dale of Appraisal 04/0512012 State Certification# RL- 003418 -L or Slate License # or Other (describe) State # State PA Expiration Date of Certification or License 06/3012013 SUPERVISORY APPRAISER (ONLY IF REQUIRED) Name Company Name Telephone Number Email Address Date of Signature State Certification # or Stale License # Stale Expiration Date of Certification or License SUBJECT PROPERTY ADDRESS OF PROPERTY APPRAISED 101 Alkndafe We, Did not inspect subject property Camp Hill PA 17011 G Did inspect exterior of subject property from street Date of Inspection APPRAISED VALUE OF SUBJECT PROPERTY $ 740,000 ❑ Did inspect interior and exterior of subject property CLIENT Date of Inspection Name Company Name Mary Ann Myers COMPARABLE SALES Company Address 101 Auendale wav BDid not inspect exterior of comparable sales from street Cantu Hill PA 17011 Did inspect exterior of comparable sales from street Email Address Date of Inspection NL- General Certification 512007 This form may be reproduced unmodified without written permission, however, Bradford Technologies inn must be acknowledged and credited Produced by ClicxFORMS Software 800- 622 -8727 Pane 7 of 11 Premier Appraisals SKETCH ADDENDUM File No 1204001 cue No Borrower Property Address 101 Allendale Wev _ Cif camp Mill County Cu ,nedmla Stale PA Zo Code 11011 LendetlClienl Mary Ani, Myers Adtlress 101 Alleneale w-- cam Hill PA I]011 Patio First Floor [Areas 1274 Ill 18' 50' Powder FP Room Kitchen Dining Room [Area. 630 fta1 Family Room 2 Car Attached stairs Living Room Foyer Id' smoo Ad' Second Floor [Area. 1232 fta[ 44' Dressma Area Bathroom Bathroom Bedroom S N Bedroom Stairs Bedroom Bedroom 44' N 1274 h' 2 Car.lnarhad E2U.'vG n' 1]92 R Prnd,ienrl Ev CIi,kFnRMR SnNware 1100- 622 -11727 Pam. R M 12 LOCATION MAP ADDENDUM File No. 1204001 C W. e Ot \ s 7i z 01 y C F ry F d s 4�P 3 51ane.,ax 1� fit` C50 sw3 PA 1701 1 A4 Q re 32n.aaD �f ♦1^�� Cae13 W 2NoR~rL C W PA 17011 OA3r M 3.Y. vm,= aN^3 2e1P umim, . CMMRPA17011 O� 020. M V N d m Yet W'� o. v 3 =IMMI D11.a.w U&:3231200 W � 0 c � Q S Meow Or LC,- Swarthmore Rd Sµd 1e11 TS 0 o �lookhaven Rd 3qo, 3 qe Circle o m Park Ave yd'}i 'o1 0 o Hilltof Cato 4 2e1P umim, . CMMRPA17011 020. M ml 01110 3d 46 ,ield tone Rd CRsmp 2 nOA1wWY 1+Y' W arm �,7DIt s a°.. 3.U: 32�A00 1roD..1.0 A4 Cwq W, PA 11dti 011 .ir 1F .n. N See 3418.700 tlr` P ,2 s � 90, ck1 s,133.ce fkro 1D1Ar IAA Gp1 *Pm0.11 APK 13732e16131 1 9ie TD1.3W D 2012 Mundt Ca i 6 p C n apitdl Vi me 4View Dr �J DMID Produced by CkkFORMS SoBware 800-822$727 Pepe v Of 12 SUBJECT PHOTO ADDENDUM File No lloaoal Bwokw Cese N. Pnmty Aftm 101 AIImdW Way CAy Como HiA CWIAy Cumberlmd $tlw PA 7$0000 17011 LwdrlCWM MwAm mm Ad*M 101 All dal Wev Camp HdI PA 17011 zzJ � e FRONT OF SUBJECT PROPERTY 101 AAmdda Way Camp Hill, PA 17011 REAR OF SUBJECT PROPERTY STREET SCENE COMPARABLES F56 File No 1204101 C.. N. COMPARABLE SALE # 209 R .0.w Rd. C. RRI, PA 17011 COMPARABLE SALE # 229wmAngw.r CMTHRLPX17011 COMPARABLE SALE # loo n.af1.M M Camp HRL PA 17011 Pape 12 of 12 PA REV -1500 SCHEDULE H FUNERAL EXPENSES and ADMINISTRATIVE COSTS Mary Ann Myers Expenses 2/2 Rolling Green Cemetery $1395.00 2/15 Parthemore Funeral Home 9772.27 2/13 Lower Allen VFW —Wake 1000.46 3/29 CME Electric Bed -- medical 16.19 C h 3/26 Gingrich Memorial Service— marker deposit 1165.00 3/4 Quest Diagnostic — medical 15.00 5, C h 4/3 Gates, Halbruner— attorney fees 1282.05 4/18 William Davis — appraiser 325.00 4/26 Pinnacle Health— medical 200.00 5/6 Steven King— appraiser 350.00 5/6 Gates, Halbruner— attorney 168.00 5/23 Commonwealth of PA— 2 auto title change 12.00 C 6/12 Pinnacle Health — medical 250.00 6/15 Gates, Halbruner -- attorney 431.45 8/19 Gingrich Memorial — marker balance 1075.00 $17,457.42 CUMBERLAND LAW JOURNAL 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 Tele: (717) 249 -3166 Fax: (717) 249 -2663 April 20, 2012 Cumberland Law Journal is published every Friday by the Cumberland County Bar Association and is designated by the Court of Common Pleas as the official legal publication for Cumberland County and the legal newspaper for publication of legal notices. TO: Mark E. Halbruner, Esquire RE: William G. Myers Estate Legal advertisements must be received by Friday Noon. All legal advertising must be paid in advance. Make all checks payable to: Cumberland Law Journal, Advertisement inserted on following dates: April 6, April 13, and April 20, 2012 Advertising Cost $ 75.00 Proof of Publication $ 0.00 Second Proof Request $ 0.00 Payment received $ 75.00 Total Amount Due $ 0.00 Becky H. Morgenthal, Executive Director PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA : ss. COUNTY OF CUMBERLAND Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, Apri 16 April 13 and April 20 2012 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. Lis Marie Coyne, E itor SWORN TO AND SUBSCRIBED before me this 20 of April. 2012 Myers, William G., dec'd. Late of Lower Allen Township. The William G. Myers Notary Living Trust. Trustees: Mary Ann Myers et al. ZZ c/o Mark E. Halbruner, Esquire, Gates, Halbruner, Hatch & Guise, P.C., 1013 Mumma Road, Suite 100, Lemoyne, PA 17043. Attorneys: Mark E. Halbruner, NOTARIAL SEAL Esquire, Gates, Halbruner, Hatch DEBORAH A COLLINS & Guise, P.C., 1013 Mumma Notary Public Road, Suite 100, Lemoyne, PA CARLISLE BOROUGH, CUMBERLAND COUNTY 17043. My Commission Expires Apr 2 @, 2014 The Patriot -News Co. 2020 Technology Pkwy Suite 300 Mechanicsburg, PA 17050 Inquiries - 717- 255 -8213 Qf paft 10tAVX(WS Now you know GATES, HALBRUNER & HATCH, PC 1013 MUMMA ROAD SUITE 100 LEMOYNE PA 17043 THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin) ss Holly Blain, being duly sworn according to law, deposes and says: That she is a Staff Accountant of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 2020 Technology Pkwy, Suite 300, in the Township of Hampden, County of Cumberland, State of Pennsylvania, owner and publisher of The Patriot -News and The Sunday Patriot -News newspapers of general circulation, printed and published at 1900 Patriot Drive, in the City, County and State aforesaid; that The Patriot -News and The Sunday Patriot -News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and /or Sunday/ Community Weekly editions which appeared on the date(s) indicated below. That neither she nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That she has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot -News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M ", Volume 14, Page 317. PUBLICATION COPY This ad # 0002202500 ran on the dates shown below: April 13, 2012 April 20, 2012 April 27, 2012 Sworn to ands s, *bed efore meth, teyof!Vlay,2012A.D. a , t LC COMMONWEALTH OF PENNSYLVANIA Notartal Seal I f Sherrie L. Owens, Notary PubFc JIII Lower Paxton Twp., Dauphin County My Commission Expires Nov. 26, 2015 MEMBER, PENNSYLVANIA ASSOCIATION OF NOTARIES The Patriot -News Co. 2020 Technology Pkwy Suite 300 Mechanicsburg, PA 17050 Inquiries - 717 - 255 -8213 at�latriot��ews Now you know GATES, HALBRUNER & HATCH, PC 1013 MUMMA ROAD SUITE 100 LEMOYNE PA 17043 STATEMENT ACCT # NAME AD ORDER # DATE EDITION ADDTL. INFO, 2374 GATES. HALBRUNER & HATCH, PC 0002202500 04/13/12 METRO WEST 2374 GATES, HALBRUNER & HATCH, PC 0002202500 04/20/12 METRO WEST 2374 GATES, HALBRUNER & HATCH, PC 0002202500 04/27/12 METRO WEST TOTAL: UN wc _. qT_T;T4VFa TYPE OF CHARGE AMOUNT BASIC AD CHARGE $37.15 BASIC AD CHARGE $37.15 BASIC AD CHARGE $37.15 AFFIDAVITCHARGE $5.00 This is not an invoice. Please do not remit payment from this Statement. An invoice will be generated at the end of the month. - -Thank you. NOTE: This Statement replaces the Order Confirmation which we previously sent with Proofs of Publication $116.45 PA REV -1500 SCHEDULE I DEBTS OF DECEDENT, MORTGAGE LIABILITIES and LIENS Mary Ann Myers Expenses 2/2 Rolling Green Cemetery $1395.00 2/15 Parthemore Funeral Home 9772.27 2/13 Lower Allen VFW —Wake 1000.46 3/29 CME Electric Bed -- medical 16.19 �- 3/26 Gingrich Memorial Service — marker deposit 1165.00 5 �- 3/4 Quest Diagnostic — medical 15.00 4/3 Gates, Halbruner— attorney fees 1282.05 4/18 William Davis— appraiser 325.00 4/26 Pinnacle Health— medical 200.00 5/6 Steven King— appraiser 350.00 5/6 Gates, Halbruner— attorney 168.00 5/23 Commonwealth of PA— 2 auto title change 12.00 T S C T 6/12 Pinnacle Health — medical 250.00 6/15 Gates, Halbruner -- attorney 431.45 8/19 Gingrich Memorial — marker balance 1075.00 $17,457.42 f IM 815 REV 19 /1 I l LOCAL REGISTRAR'S CERTIFICATION OF DEATH WARNING: It is illegal to duplicate this copy by photostat or photograph. Fee for this certificate. $6.00 _P 18160161 Certification Number Type /Fria <In PRI elk 11 This is to certify that the information here given i correctly copied from an original Certificate of Dcat . duly filed with me as Local Registrar. The origina certificate will be forwarded to the State Vita Records Office for erm:ment filing. �F�B 0 _2012 ----- - - - - -- Local Registrar Date Issued COMMONWEALTH OF PENNSYLVANIA -DEPARTMENT OF HEALTH • VITAL RECORDS CERTIFICATE OF DEATH .1m. hlon F rm, Nc. �k _'%� % R Z REV 007/24011 2/ 1. Dated..'. La {al Name (First Middle, Leal, Suffix) 2. Sex I. Social S..."I Number Dea< (MO /Oay/Vr) (Seat Mnl W1111am G. M ere Male 172 - 26 - 9413 Januar 30 2012 s.. Ag. -Lea glrtntlay (Via) sb. under a Ve.. s¢. Vmar 1 Da S. Dale or 91r11, (MO /Daynaar) (Smd' Mnnth) ra. 9lrtnpla=. (Cty and state or Foreign Co." Monm. Days HdPr (`4mdea Har rCIE PA 79 Au uat 26, 1932 g Tb, elrthpmm (counpl Dan n ea R fsltle a (St Orelgn WUnI, gb. R-Id.d a (.Treat n umber- ncluea Ppt NO.) [101 Bc. O1. ca Pont Llve It 1-mill T Pexlneylvanla Allendale Way {e. Reamme. ( ...... Co Ves. daaeen[Ilyedn Lower Allen by Cumberland e.. Raileanc.(.to Code) 17011 O NO, dtenenbgyad within Imlt, of euy/bne. 9. EV.r In VSArmeeF es? 1 [.I StaM1li.[Tlma of Death MarNatl Wieawae SUrYI {Spevae'i Namel me III-To R11T marnagel Inl"jar v WY., pry QUnknown OF QN lee �Vnknew Ann DO1tJin 12. Po <bei s Name (Flr5, M1ddb. Ua<, EuRrdr 13. Mother's Name Prior [o Enzt MarNage (Fltxt, Middle, Las[) Howard Lower M are F_ Louise Berkheimer 14 a. inPo[mant'a Name Rel.[IOnsM1 1p to De....nt 14c. s Ma111n8 A-,... 1-1, antl Number. Chy, State, Zip Codel u101 u ndl Mar Ann M era W1Ee Ola Allendale Way. CESm p Hi11 PA 17011 Ir De.<n Denied maHdapma: t�'rdPauant �u D¢tn oadrrod soda. M1are other rn.n ta: ty S o E- roaneV Rvam/outp slam D..a nn A.l 1,1 rvurAn Xame/bn11-cat. Panntysp D M1t (spenw) 'SSC. 150. Fell lty Nama 111 not inaItutlon. gyre s[ree[ane numbs: CI[Y Or Town. State, and Zip Cetla 15d.0 Unty e(Oeath "Cumberland 101 Allendale Wa Lower Allan Townahi , PA 17011 1s 1k. kernel! df ONpoaltlon urla O erema<lon lime Oat. of OI.Pro ... c. Place.1 Dl.E.tor . (Nama t cemetery, crematory, .1 .,bar "hale, g0 p Removal from state Donald. February 4, Rolling Graen Cemetery Other (SeRb ) 2 ..d. 1-d of Dlapeneon (Oq o,TOwn, stet., and IF 11a1 Sian . di oral sem a n=ames or Person m cnaree of Im.rmem vb n=ame ry bar Lower Allen 1b2p. PA 17011 %f 0(9 -9gg7 4 19<. Narn -d Compl.c. Aadrse of 1... r.1 E.elnq Parthemore FH & CS Inca P.O_ Box 43 New Cumberland, PA 17070 ffi 19, Decals..`. E....tlon -On... the boa.be' best tleaceba6 the 9. Decedent "f Xlapanic Orlgln - Cb C M. to D. Dac -<b..k ONE O MORE Inelcate what Man.at edged or level of school completed at[he time of .:the box that bea <eescrrbes whether the delete nl the ceeen[cnnsleered M1lmxel /or hetxl(to be 8tbare or leas Is SpenlaM1 /Xi.... /Latlno. OF.&tii" "No.. ®Wnite QKorean 0 N plom., It. -13th Bred. box if decadent Is not SpenlaM1 /Xlspanic /Latlnd. OR-1, or African Ameecan Q Vlatnamexe Hgi smell....ue<e or OED completed ® No, no<SpenlaM1 /Xlapanle /La[Ino 0 A an Indian or Alaska Natly Q Ot -A.D. p Same eoll.ge [idol[, but no degree [] Y a, Mexlcen, M an AmeHCan, CM1lcano 4 Indian Q Nat,.. ti-nan Asa a defee (e. g. AA, AS) RI 0 V can 0 CM1In Gua t CM1amorro gacnelols do,-. (..RMki AR, g5, 0 V Cuban Flllpin Q SA-re. a degree (.. A. M5, Mine. MEd, MSW, Ng 0 1... ether SpsnlsnMlap.nic /La tlno Le Other Paclllc Islantler o 1 a o Ddtorale go it. rb., Ir D) or Prela,.lom1 do.-. (Span" Dthe, Ob.ld,) . MO OOS DVM LLB 1D 21.O.cetlenl'a 51ng1e Rac. self- DSalgna[lon -Check ONLY ONE Inelcate What the decedent considered himself or mr-1 to be. ceeant'.VSU.I OIt ... <lon- Inehca<e type of work 2nd Wni[e 1. P....a Q Ymoan Dunne dads[ of werking 111¢. 00 NOT VSE RETIRED, p Ble[k or Ao-l<an Am.n=.n DK O other Fann[ blends VP o£ Warehousing AndIntagg, Indian dr Alaska kiddle OV Dun ow /Nt sure eg 22b. Kind of Rusnea/ne ry 0 ..k. lndI. 0 .,be, [) Relied M Cnmee L3 baby. thi-i I.., t11. =IN) FOOtwear Mfg. & 0 Fillpino O GU. -brim nr Cnlmdrrd D1,' O I E M E 2 • ronounce a Mo dY Yr a . Slgna<ure o person Pronouncin8 DeetM1 OnIY w en app Ica le 23c. License Num er Y PERSON WNO "BOND V NOES OR GERTIFIEa55 fgeTN �R11110_(' O 1 - (1 23d, Dat fn a lMO Day rl 24. Time ai OG[n e t e 25. W.. Medical O or Coroner C n [etli V Nv - p CAUSE OF DEATH An ..I- hot 26. P the of.y - -dmea nl rl put. - ha rdy c uem the am. DO NOT Dole a such a e a [ al rco E Ons.e to respiratory arrest, yr Venpl[ let Rbrllla[Ipn IMOUt sM1 In {tnal etblogy DO NOT ABBREVIATE. n only One c.useronalhnea Aetl adtll<IOna11 In..rIf neceazarV [ goO "" jowl //ter [[ IMMEDIATE CAUSE ----- - - - - -> dlse.ze or ..rdiden Due <d (or as a <onseque [ fEl I;.Inne 1. earn) € b. See uendoggy hat Dye to for as a cdnmgdaaaa dp: Ibe..... v, le.mng <d [ho cans. noted on Rn. .. Enter tit. _- t UNDER"'. CAUSE to to (or as a can, "u n[e oil: g or injury (nht.,se onNury tnve S n death the eyencx rexultln8 I. ence n death) LIST, Due to (or as a Cdnsag4 df): 28. P.R Ik Ent., ether 1 Fl bbt net OndIld, In Me underlying cause slam In Part 1 1.7 . Was an out peffnrmedi P No g. -or. ..-Fery R-nib ti -,Ion e In the itle ml allo 0 Ves 29. If Femall: 30. Did Tobacco Vse Contribute to D b,F11 .Manner of Death 31� 1 No<PeBn. within De r O/ 0 Probably Unknown Natural 0 M < $' 0 Net gpregn nt. but pregnant Wl<hln 42 days of death [a' Nos 0 S� clltle 0 cvuletl nor he dUatlmn.d 32. Data of Inlury IMO /Day/Yt) Fpe11 Mon<b) 0 Not Pregnant. but prePant 43 days to 1 year before death .Time of Inlury 0 Unknown If Preenent .Nthln the Peat Vear 34. Pi... of injury (a.a- home, conattuctlnn site: form: 51braml 135 - Ldca<Inn of Injury (Street antl Number, C[y, State, Im Catlel RE, Inlury at Wor4 3T.If Tenipdrta a Injury, SpeclN- . D...rib, How Injury Occured 0 yea L orro.NDP: m O Padea M ry O P....ngo O Cm 10..nfv) ,tm.r'Irn o.av one): r`dz,b. obyslclen _ To the bent of my knewletlg., death aecurratl du. to the cause (o) • tad MR {BaC rtlNing phYxlclan.TO the beat of my knowl¢eee. death occurred at the d due re the cause(,) and m t'be ooccurred M Memc.I Doing I/ - n <n. ofd moron. amtOr xtlexlpn. n mylpinlonadeathS at the time, data, and el.... and due seta) a red na/ T I(lar. SaI O elan d,aaafan.2he Cno. of mole Cause Death "D_ 261 39b'Namee dn, s 39cuD0 tl Md /Dew TrI 7 /oaf ,-pt /'T ➢ /7T /i,LdCPeI eels[ rs Dls[HNUm t 41. eg at, a egls FIe <a Mo Ovy r 43. Amendment. .1m. hlon F rm, Nc. �k _'%� % R Z REV 007/24011 2/ GATES LOWELL R. GATES, LL. M. LL. M. in Taxation MARK E. HALBRUNER CRAIG A. HATCH, CELA Certified as an Elder Law Attorney by the National Elder Law Foundation CLIFTON R. GUISE Also Admitted to practice before the U.S. Patent 8 Trademark Office ALICIA A. BLANKENSHIP LAW OFFICES OF JER, HATCH Sz 1013 MUMMA ROAD • SUITE 100 • LEMOYNE, PENNSYLVANIA 17043 (717) 731 -9600 • FAX: (717) 731 -9627 CORRESPONDENCE ADDRESS. Lemoyne Office WEB SITE www.0ates1_awFirm.com February 15, 2013 P.C. BRANCH OFFICE: 3 WEST MONUMENT SQUARE, SUITE 304 LEWISTOWN, PA 17044 (717) 248 -6909 STACEY L. NACE Paralegal /Office Manager TRACI L. SEPKOVIC Paralegal TRACI L. HILPERDING Paralegal Cumberland County Courthouse r.,, Office of the Register of Wills p m rnrn One Courthouse Square o� c� a Carlisle, PA 17013 w ro rn VI yr r--• m rn RE: William G. Myers, deceased (n �0 ® o Date of Death: January 30, 2012 Late of 101 Allendale Way, Camp Hill, PA 17011 C!1 Dear Register of Wills: v CZZ), Enclosed for filing is the (non - probate) Pennsylvania inheritance tax return, in duplicate, for William G. Myers, deceased. I am enclosing an original death certificate for your files. A check in the amount of $15.00 is enclosed as payment of the filing fee. Please time -stamp the additional photocopy of the inheritance tax return and return it to our office in the enclosed envelope. Please contact Attorney Mark E. Halbruner or me if you need any additional information to process this request. Thank you for your assistance in this matter. Sincerely, Traci L. Sepkovic Paralegal Enclosures 30mmdm (j {� \ //. 4 jk § \_ F- °m1SA }U CO a k� g � \ //. 4 § F- }U CO a k� g§ /( 2� \ /7§� /�z — ! §!� ©$7n 2 / }( — \ {Q2( § -� ) §k ■9 k