HomeMy WebLinkAbout05-08-13 I
1505610143
REV-1500 EX(02-11)
OFFICIAL USE ONLY
PA Department of Revenue pennsylvania County Code Year File Number
Bureau of Individual Taxes DEPARTMENT OF RET'ENUE
PO BOx.280601 INHERITANCE TAX RETURN 21. 12 1016
Harrisburg, PA 17128-0601 RESIDENT DECEDENT
ENTER DECEDENT INFORMATION BELOW
Social Security Number Date of Death Date of Birth
08 09 2012 06 23 1926
Decedent's Last Name Suffix Decedent's First Name MI
SHOPE JR. ARTHUR R
(If Applicable)Enter Surviving Spouse's Information Below
Spouse's Last Name Suffix Spouse's First Name MI
Spouse's Social Security Number
THIS RETURN MUST BE FILED IN DUPLICATE WITH THE
REGISTER OF WILLS
FILL IN APPROPRIATE OVALS BELOW
1. Original Return 2, Supplemental Return 3. Remainder Return(Date of Death
Prior to 12-13"82)
4. Limited Estate 4a Future Interest Compromise 5. Federal Estate Tax Return Required
(date of death after 12-12-82)
B Decedent Died Testate 7. Decedent opy of I ne d a Living Trust 0 B. Total Number of Safe Deposit Boxes
(Attach Copy of Will) v c
9. Litigation Proceeds Received 1 D.between Po 31 91 enEl,Dar f Death 11.Election to tax under Sec.9113(A)
(Attach Schedule O)
CORRESPONDENT-THIS SECTION MUST BE COMPLETED.ALL CORRESPONDENCE AND CONFIDENTIAL TAX INFORMATION SHOULD BE DIRECTED TO:
Name Daytime Telephone Number
LEANNE M MILLER 717 848n4900
C=
_ L'l
REGISTER OFWILLS USEn49LY L CS
First Line of Address m C)o P5 r-rt -
G�>
135 NORTH GEORGE STREET c
Second Line of Address �'�_ � '- �t '—'7 '" -?
c')
f7l
D$TE FILED r,� V9
City or Post Office State ZIP Code 'T
YORK PA 17401
Correspondent's e-mail address:
Under penalties of perjury,I declare that I have examined this return,including accompanying schedules and statements,and to the best of my knowledge and belief,
_ it is true,correct and complete.Declaration of preparer other than the personal representative Is based on all information of which preparer has any knowledge.
SIGNATURE OF PERSON RESPONSIBLE FOR FILING RETURN DATE
MATTHEW H. MCGREGOR
ADDRESS
52 Creek Road East Berlin, PA 17316
IGNA$ TURF OF PRWER OTt1Ej2"f A REPRESENTATIVE DATE
IIVf•"'M-",V., 1��- /rtV/I�XRIE . Leanne M Miller s ��
ADDRESS
135 North George Street York PA
Side 1
1505610143 1505610143 J
.J 1505610243
REV-1500 EX
Decedent's Social Security Number
Decedents Name, SHOPE, ARTHUR R. JR.
RECAPITULATION
1. Real Estate(Schedule A)....................................................................................... 1.
2. Stocks and Bonds(Schedule B)............................................................................. 2.
3. Closely Held Corporation, Partnership or Sole-Proprietorship(Schedule C)......... 3.
4. Mortgages&Notes Receivable(Schedule D)........................................................ 4.
5. Cash, Bank Deposits&Miscellaneous Personal Property(Schedule E)............... 5. 1 , 611 , 912 . 81
6. Jointly Owned Property(Schedule F) ❑ Separate Billing Requested............ 6.
7. Inter-Vivos Transfers&Miscellaneous N Probate Property
(Schedule G) LJ Separate Billing Requested............ 7,
8. Total Gross Assets (total Lines 1 through 7)........................................................ 8. 1 , 611 , 912 . 81
9. Funeral Expenses and Administrative Costs(Schedule H).................................... 9. 98 , 660 . 20
10. Debts of Decedent,Mortgage Liabilities and Liens(Schedule 1)............................ 10. 1 , 482 . 50
11. Total Deductions(total Lines 9 and 10)................................................................ 11, 100 , 142 . 70
12. Net Value of Estate(Line 8 minus Line 11).......................................................... 12, 1 , 511 , 770 . 11
13. Charitable and Governmental Bequests/Sec 9113 Trusts for which
an election to tax has not been made(Schedule J)..........:.................................... 13. 10 , 000 . 00
' 14. Net Value Subject to Tax(Line 12 minus Line 13)............................................... 14. 1 , 501 , 770 . 11
TAX COMPUTATION-SEE INSTRUCTIONS FOR APPLICABLE RATES
15. Amount of Line 14 taxable
at the spousal tax rate,or
transfers under Sec.9116 0 . 00
(a)(1.2)X.00 15.
16. Amount of Line 14 taxable 0 . 00 16. 0 . 00
at lineal rate X .045
17. Amount of Line 14 taxable
at sibling rate X.12 0 . 00 17. 0 . 00
18. Amount of Line 14 taxable 22$ 265 . 52
at collateral rate X.15 1 , 501 , 770 . 11 18.
19. TAX DUE................................................................................................................ 19. 225 ,265 . 52
20. FILL IN THE OVAL IF YOU ARE REQUESTING A REFUND OF AN OVERPAYMENT. FX
Side 2
1505610243 1505610243 J
REV-1500 EX Page 3 File Number 21-12-1016
Decedent's Complete Address:
DECEDENT'S NAME
SHOPE, ARTHUR R. JR.
STREETADDRESS
2100 Bent Creek Bluvd.
CITY STATE ZIP
Mechanicsburg PA 17055
Tax Payments and Credits:
1. Tax Due(Page 2, Line 19) (1) 225,265.52
2. Credits/Payments
A. Prior Payments 215,000.00
B. Discount 11,263.28
Total Credits(A +B) (2) 226,263.28
3. Interest (3)
4. If Line 2 is greater than Line 1 +Line 3,enter the difference. This is the OVERPAYMENT. (4) 997.76
Cheek box on Page 2,Line 20 to request a refund
5. If Line 1 +Line 3 is greater than Line 2,enter the difference. This is the TAX DUE. (5)
Make Check Payable to: REGISTER OF WILLS, AGENT.
PLEASE ANSWER THE FOLLOWING QUESTIONS BY PLACING AN "X" IN THE APPROPRIATE BLOCKS
i 1. Did decedent make a transfer and: Yes No
a. retain the use or income of the property transferred;................................................................... x
i b. retain the right to designate who shall use the property transferred or its income;.................... ............ x
c. retaln a reversionary interest;or............................................................................................................... x
d. receive the promise for life of either payments,benefits or care?............................................................ x
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 amount or security at his or her death?....... ❑ ❑s
4. Did decedent own an individual retirement amount,annuity,or other non-probate property which
I contains a beneficiary designation?.................................................................................................................. ❑ ❑x
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)(1)).
For dates of death on or after January 1, 1995,the tax rate imposed on the net value of transfers to or for the use of the surviving spouse is 0 percent
[72 P.S.§9116(a)(1.1)(ii)]. The statute does not exempt a transfer to a surviving spouse from tax,and the statutory requirements for disclosure of
assets and fling a lax 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.
Rev-1808 EX+(11-10)
SCHEDULE E
pennsylvania CASH, BANK DEPOSITS, & MISC.
DEPARTMENT TAX REVENUE
RETURN INHERITANCE TAX RET PERSONAL PROPERTY
RESIDENT DECEDENT
ESTATE OF FILE NUMBER
SHOPE ARTHUR R.JR. 21-12-1016
Include the proceeds of litigation and the date the proceeds were received by the estate.
All property)ointlyowned with the right of survivorship must be disclosed on schedule F.
ITEM VALUE AT DATE
NUMBER DESCRIPTION OF DEATH
1 Morgan Stanley Account-See attached detailed list. 1,376.026.12
2 Wells Fargo CD#-8933 13,114.37
3 Wells Fargo Checking Account#-2262 135,413.80
4 Wells Fargo Savings Account#-5976 87,358.52
5 Personalty-None existed 0.00
1
TOTAL(Also enter on Line 5, Recapitulation) 1,611,912.81
(If more space is needed,additional pages of the same size)
Copyright(c)2010 form software only The Lackner Group, Inc. Form PA-1600 Schedule E(Rev. 11-10)
REV-1511 EX-00-091
Pennsylvania SCHEDULE H
DEPARTMENT OF REVENUE FUNERAL EXPENSES AND
r
RESIDENT EDEN ADMINISTRATIVE COSTS
'
INHERITANCE E TAX RETURN E
i
ESTATE OF FILE NUMBER
SHOPE,ARTHUR R.JR. 21-12-1016
Decedent's debts must be reported on Schedule I.
ITEM DESCRIPTION AMOUNT
NUMBER
A. FUNERAL EXPENSES:
i
See continuation schedule(s) attached 9,717.00
B. ADMINISTRATIVE COSTS:
1. Personal Representative's Commissions
- Name of Personal Representative(s)
Matthew H. McGregor
Street Address 52 Creek Road
City East Berlin State PA zio 17316
Year(s)Commission Paid 2013 43,500.00
2. Attorneys Fees CGA Law Firm 43,500.00
3. Family Exemption: (If decedent's address is not the same as claimant's,attach explanation)
Claimant
Street Address
City State Zip
Relationship of Claimant to Decedent
4. Probate Fees 1,103.50
5, Accountant's Fees
6. Tax Return Preparer's Fees
1
1
7. Other Administrative Costs 839.70
- See continuation schedule(s) attached
- TOTAL(Also enter on line 9, Recapitulation) 98,660.20
Copyright(c)2009 form software only The Lackner Group, Inc. Form PA-1500 Schedule H(Rev. 10-09)
SCHEDULE H
FUNERAL EXPENSES AND ADMINISTRATIVE COSTS
continued
I -
' ESTATE OF FILE NUMBER
SHOPE,ARTHUR R.JR. 21-12-1016
ITEM
NUMBER DESCRIPTION AMOUNT
Funeral Expenses
1 Brachendorf Memorials, Inc.-Headstone 1,000.00
2- Hoover Funeral Home 8,717.00
H-A 9,717.00
Other Administrative Costs
3 Cumberland County Legal Journal-Advertise letters 75.00
4 Miscellaneous expenses to finalize estate administration 500.00
5 Orphans' Court-File Family Settlement Agreement 20.00
I 6 Register of Wills-Filing fee for Inventory, Inheritance Tax Return 30.00
I 7 The Sentinel -Advertise letters 214.70
1
i H-B7 839.70
1
Copyright(c)2002 form software only The Lackner Group, Inc. Form PA-1500 Schedule H(Rev.6-98)
1
Rev-1512 EX.(1200)
SCHEDULE 1
j pennsylvania DEBTS OF DECEDENT,
DEPARTMENT
ANCE TA RETURN MORTGAGE LIABILITIES AND LIENS
INHERITANCE TAX RETURN
I RESIDENT DECEDENT
ESTATE OF FILE NUMBER
SHOPE, ARTHUR R.JR. 21-12-1016
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
1 Carlisle Regional Medical 250.00
2 Pa. Department of Revenue-Personal Income Taxes 2012 321.00
3 Rehab Care Group 661.50
4 Select Specialties Hospital 250.00
TOTAL(Also enter on Line 10, Recapitulation) 1,482.50
(If more space is needed,additional pages of the same size)
Copyright(c)2008 form software only The Lackner Group, Inc. Form PA-1500 Schedule I(Rev. 12-08)
REV-1513 EX.(01.10)
pennsylvania SCHEDULE J
DEPARTMENT OF REVENUE
t
INHER ITANCE TAX RETU RN BENEFICIARIES
I RESIDENT DECEDENT
I ESTATE OF FILE NUMBER
SHOPE, ARTHUR R.JR. 21-12-1016
NAME AND ADDRESS OF RELATIONSHIP TO SHARE OF ESTATE AMOUNT OF ESTATE
NUMBER PERSON(S)RECEIVING PROPERTY DECEDENT (Words) ($$$)
tee a
I TAXABLE DISTRIBUTIONS [include outright spousal Do Not UstT
distributions,and transfers
under Sec.9116(a)(1.2)]
1 Daniel McGregor Nephew 300,354.02
39 Creek Road
East Berlin, PA 17316
2 Matthew H.McGregor Nephew 300,354.02
52 Creek Road
East Berlin, PA 17316
3 Erin B. Ptaszenski Tapp Grand Niece 100,017.89
9961 Mardegan Street
89183
4 Adam P. Ptaszenski Grand Nephew 100,168.07
PSC 3 Box 1218
Apo,AE 09021
5 Michael A. Ptaszenski Grand Nephew 100,168.07
364 Prospect Avenue
Bridgeport, PA 19405
See continuation schedule attached Continuation 600,708.04
Total 1,501,770.11
Enter dollar amounts for distributions shown above on lines 15 through 18 on Rev 1500 cover sheet,as appropriate.
NON-TAXABLE DISTRIBUTIONS:
II. A.SPOUSAL DISTRIBUTIONS UNDER SECTION 9113 FOR WHICH AN ELECTION TO TAX IS NOT TAKEN
i
B.CHARITABLE AND GOVERNMENTAL DISTRIBUTIONS
1 Linglestown Church of God 10,000.00
TOTAL OF PART It -ENTER TOTAL NON-TAXABLE DISTRIBUTIONS ON LINE 13 OF REV-1500 COVER SHEET 10,000.00
- Copyright(c)2010 form software only The Lackner Group, Inc. Form PA-1500 Schedule J(Rev.01-10)
SCHEDULE J
BENEFICIARIES
(Part I, Taxable Distributions)
ESTATE OF:
ARTHUR R. SHOPE, JR. 08109/2012 174-20-0426
Item Name and Address of Person(s) Share of Estate Amount of Estate
Number Receiving Property Relationship (Words) ($$$)
6 Douglas Shope Nephew 300,354.02
502 18th Street
Huntington Beach,CA 92648
7 Robert C.Shope,Jr. Nephew 300,354.02
3685 North 4th Street
Harrisburg, PA 17110
Total 600.708.04
1
8/14706 r '
LAST WILL AND TESTAMENT
OF
ARTHUR R. sHopE, JR.
I, ARTHUR R. SHOPE, JR. , now of Reston, virginia, declare this
to be my Last Will and Testament, and hereby revoke any and all other
Wills and Codicils which I may have previously made.
FIRST: PAYMENT OF DEBTS AND EXPENSES Y'7
I direct the payment out of my estate of my funeral expenses,
including the cost of a suitable marker for my grave in Indiantown Gap
Memorial Cemetery in Pennsylvania, without the necessity of the prior or
subsequent approval of any court as to the amount thereof, and without
regard to any limit prescribed by law, and of the expenses of my last
illness and all of my just debts as to which there are no defenses in
law or equity at the time of my death.
SECOND: PERPETUAL CARE AND MEMORIALS
I direct the payment out of my estate of the cost of the
perpetual care and maintenance of the burial plot in which I shall be
buried should arrangements for the same not have been concluded and paid
for at the time of my death.
THIRD: PERSONAL EFFECTS
All of my clothing, jewelry, personal effects, articles o
household use and ornament, furniture, automobiles and other tangibie
9/Idltlb t 1
personal property of like nature which may be owned by me, together with
all policies of insurance relating thereto, I bequeath to my sister and
brother, Lois J. McGregor and Robert C. Shope, who survive me, to be
divided as they may agree within six (6) months of my death, or, in the
absence of agreement, then as my Executors may determine to achieve a
fair and equitable division of said property; or, in,the alternative, my
Executors, in their sole discretion, may sell such personal property,
and distribute the proceeds as part of the residue of my estate. The
reasonable cost of protecting, appraising, packing, storing, shipping,
cleaning, delivering and insuring all assets disposed of in this
paragraph, including costs incurred before the issuance of letters
testamentary, shall be paid as an expense of administering my estate.
My Executors may distribute property passing to a minor under
this article to the minor or to any person to hold for the 'minor; and a
receipt signed by such person shall fully discharge my Executors. Any
property to which a minor would thus become entitled which my Executors
thinks not to be suitable for said minor's use shall be sold, and the
proceeds distributed as part of the residue of my estate.
FOURTH: RESIDUE
I give, devise and bequeath all the residue of my estate, real
and personal, to the Arthur R. Shope, Jr. LIVING TRUST, which was
created by me on the Zlrl day ofClLs 2006 1 to
have and to hold, IN TRUST, for the uses and purposes and ,subject to the
8/14106 ( f
terms and provisions thereof, including any alterations or amendments
thereto, or any other inter vivos trust which may hereinafter be
substituted therefor, as existing at the time of my death.
FIFTH: PROTECTIVE PROVISIONS
The interests of the beneficiaries hereunder shall be free
from anticipation, ,voluntary, or involuntary, alienation, assignment,
pledge or obligation, , and shall not be subject to attachment, execution
or other legal process.
SIXTH: DISCLAIMERS
At any time before receiving any asset under this Will, each
beneficiary is authorized to disclaim all or any part of that
benefic,iarv.'s interest under ,this . Will. From time to time after
receiving any asset under this Will, each beneficiary is authorized to
release all or any part of that beneficiary' s remaining interest under
this Will . , In .addition .. to any, other method of disclaimer or release
recognized by law, a beneficiary may disclaim or release any interest
under this Will by delivering to the Executors an acknowledged
instrument to that effect. The executors or administrators of a
deceased be are. authorized to similarly disclaim or release any
interest of the deceased beneficiary, without authorization or approval
by any court. . After any disclaimer or release, the interest under this
'gill which has been disclaimed or released shall be administered and
distributed as if that beneficiary did not survive me.
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811�l06 1 1
paid as provided in 92603 of the Internal Revenue Code, as revised or
amended.
EIGHTH: FIDUCIARIES' POWERS
My fiduciaries shall have the following powers in addition to
those vested in them by law and by other provisions of my will
applicable to all property, whether principal or income, including
property held for minors, exercisable without court approval, but only
in their fiduciary capacity and for the best interests of the
beneficiaries:
(a) To retain and to invest in all forms of real and
personal property, regardless of (i) any limitations imposed by law on
investments by fiduciaries, (ii) any principle of law concerning
delegation of investment responsibilities by fiduciaries, or (iii) any
principle of law concerning investment diversification.
(b) To compromise claims by or against the estate
without order of court or consent of any beneficiary.
(c) To borrow money from any source, and to pledge
property as security for repayment of any funds borrowed.
(d) To (i) participate in any merger or reorganization
affecting securities held hereunder at any time; (ii) to deposit stocks
under voting agreements; (iii) to exercise any option to subscribe for
stocks, bonds or debentures; and (iv) to grant proxies, discretionary or
otherwise, to vote shares of stock.
(e) To manage, operate, repair, alter, improve,
mortgage, lease, exchange, sell or otherwise develop or dispose of any
real or personal property at any time for such prices and on such terms
and for such periods and in private or public transactions as my said
fiduciary deems appropriate.
(f) To sell (and to grant options for the sale of) any
real or personal property, at public or private sale, for such prices
-5-
V14/0u t
and upon such terms, including the granting of a purchase-money mortgage
or purchase-money security interest (with or without subordination) for
any part of or all of the 'purchase price, as my Executrix may thick
proper, without liability on the purchasers to see, to the application of
the purchase money.
(g) To register securities and other property held by my
fiduciary in the name of a nominee or in bearer form_
(h) . To borrow from and to sell property to the Trustee
or Trustees under the above-mentioned Living Trust, or others, and to
pledge property as security for repayment of any funds borrowed.
(i) To use administrative or other expenses of my estate
as income tax or estate tax deductions, and to value my estate for tax
purposes by any optional method permitted by the law in force when I
die, without requiring adjustments among beneficiaries affected.
(j) To make distribution of principal, in cash or in
kind, or partly in cash and partly in kind, not necessarily ratably, but
on the basis of equal value as of the date of distribution according to
the sole judgment of my said fiduciary.
(k) To deal with the stock of any close corporation, any
partnership or any other business interest forming a part of the estate,
and in so dealing M to disregard any principle of investment
diversification, and to retain any part or all of such interest as long
as necessary or appropriate; (ii) to sell any part or all of such
interest at such time or times, for such prices, to such persons
(including persons who are fiduciaries or 'beneficiaries hereunder) and
on such terms and conditions as may be desirable; (iii) to do anything
that may seem advisable with respect to the operation or liquidation of
any such business or any change in the purpose, nature or structure of
any such business; (iv) to delegate authority to any director,
stockholder, manager, agent, partner or employee, and to approve payment
from the business of adequate compensation to any such person; (v) to
borrow money from the banking department of any corporate fiduciary,
regardless of any rule of law with respect to conflict of interest; (vi)
to make additional investments in any such business if such action seems
desirable for the best interests of my estate and the beneficiaries
thereof; and (vii) , in short, I intend that in making decisions
hereunder my fiduciary shall have the same freedom of action that I now
have.
(1) To exercise, at such times and in such manner as
S/14/06 t !
they shall deem appropriate, any rights of election or other rights
which from time to time may be available to them under or in respect of
the provisions of the Internal Revenue Code or of any other tax law,
regardless of whether their decision in a particular case may be the
most advantageous one from the point of view of my estate as an entity
or from the point of view of any person or group of persons having any
interest therein, and, without limiting the generality of the foregoing,
to make such decisions as they may deem appropriate in all the
circumstances in respect of claiming expenses or other items as
deductions for income tax purposes, or in respect of filing any income
tax return or- returns, or in respect of the payment of any tax payable
or the collection of any refund receivable in respect of such return or
returns.
(m) To elect to defer payment of all or any part of my
estate taxes pursuant to any provision of law permitting that deferral,
and to enter into any agreement necessary to defer payment of those
taxes, even if doing so extends the statute of limitations, regardless
of whether sufficient funds are available with which to pay those taxes
when due.
(n) To continue the election by any corporation, the
securities of which are in my estate, to be taxed as an S Corporation as
defined under the Internal Revenue Code of 1986, as amended, or pursuant
to any amendatory or supplemental federal legislation or any
corresponding state tax law; and to consent to making that election if
it was not in effect at my death, even though doing so increases the
income taxes payable by my estate.
(o) To elect to value real property in my estate at its
value for the use for which it qualifies as qualified real property, and
to enter into any agreement necessary to make that election.
(p) To disclaim any asset, power of appointment or other
interest in property to which I am entitled at my death, or to which my
estate later becomes entitled, to minimize taxes estimated to be payable
by my estate or the beneficiaries, or for any other reason which will
benefit my estate or the beneficiaries.
(q) To retain cash uninvested, and to open and maintain
one or more savings or checking accounts with any bank, savings-and-loan
associations, or building-and-loan associations; to deposit assets to
the credit of any of those accounts, and to permit those assets Lo
remain on deposit in those accounts; to lease one or more safe-deposit
boxes for the safekeeping of assets.
riG
8/34!05 ( t
(r) To designate any person as ancillary representative
of my estate in any jurisdiction where it is necessary or advisable for
there to be an ancillary administration; to grant to that ancillary
representative any rights and discretions which are granted in this Will
which are advisable; to determine. whether that ancillary. representative
shall serve with or without bond, to determine the amount of that bond,
if any, and to determine the character of any security for that bond.
(s) To employ and compensate such appraisers as deemed
necessary or appropriate for the proper appraisal of the assets of the
estate, and to do so without liability for any, neglect, omission,
misconduct or default of any such appraiser, provided such appraiser was
selected and retained with reasonable care. " Any penalty assessed which
relates to the valuation of any asset shall be paid from the estate so
long as the fiduciary selected such appraiser with reasonable care.
(t) To allocate any of my unused federal generation-
skipping transfer-tax exemption to any property of which I am the
transferor for the purposes of such tax (whether or not passing under
this, my Last Will and Testament) , to exclude any such property from any
such allocation, and to make .any related election, all as my fiduciaries
in their sole and conclusive discretion deem most advantageous and
equitable. No party in interest to the transfer of any such property
shall have any claim against my fiduciaries or my estate, or any claim
for equitable reimbursement, or any other cause.
NINTH: ADMINISTRATION EXPENSE PROVISION
If any election to do so is provided by law, I direct my
Executors to claim any expenses of administration of my estate as income
tax deductions upon an income tax return or returns whenever and to the
extent that in the sole judgment of my Executors such action will
achieve an overall reduction in the income taxes and inheritance, estate
and succession taxes for the benefit of my estate and of the
beneficiaries hereof. I further direct that no compensating adjustments
as between income and principal accounts shall be required or made as a
f
FJ1 dJ06 { i
result of such actions.
TENTH: APPOINTMENT OF EXECUTORS
.I hereby appoint Lois J. McGregor and Robert C. Shope or their
survivor as Co- Executors of this, my Last Will and Testament. The last
Executor appointed by the Testator, who is serving as such, may
designate his successor(s) in a writing delivered to the beneficiaries
hereunder or in his Will making specific reference to this power. In
the event that any successor Executor is thereafter unable or unwilling
to serve . or for any reason ceases or fails to serve hereunder, such
vacancy may be filled by an individual designated in writing by a
majority of the remaining Executors) and beneficiaries hereunder.
ELEVENTH: WAIVER OF BONR
I direct that any fiduciary acting hereunder shall not be
required to enter bond or other security in any court or jurisdiction in
which said fiduciary may be called upon to act.
TWELFTH: ADEFINITIONS
The term "Executors, Co°Executors" and any word used to
indicate my Executors shall be deemed to include and apply to my
successor Executors whenever they may be acting hereunder, and shall be
deemed to apply to the singular or plural and to the appropriate gender,
as the case may be.
IN WITNESS WHEREOF, I have hereunto set my hand and seal this
dy day of Aur«s 20_g&.
8/14106
ARTHUR R. SHOPE, JR. (SEAL)
SIGNED, SEALED, PUBLISHED AND DECLARED by ARTHUR R. SHOPE, JR.
as and for his Last Will and Testament, in the presence of us, who, at
his request, and in his presence, and in the presence of each other,
have hereunto subscribed our names as witnesses.
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C:\Documents and settinwvorkstatton\My Documents\LAST WILL AND TRSTAMENTOPARTROR R.f=
I, ARTHUR R. SHOPE, JR. , Testator, whose name is signed to the
foregoing instrument, having been duly qualified according to law, do
hereby acknowledge that I signed and executed the instrument as my Last
Will; that I signed it willingly; and that I signed it as my flee and
voluntary act for the purposes therein expressed.
ARTHU�O E, .ia���iY
1 tie witnesses w ose Names are signed to
the foregoing instrument, being duly qualified according to law, do
depose and say that we were present and saw the Testator sign and
execute the instrument as his Last Will; that he signed willingly, and
that he executed it as his free and voluntary act for the purposes
therein expressed; that each of us, in the hearing and sight of the
Testator, signed the Will as witnesses; and that to the best of our
knowledge the Testator was at that time eighteen or more years of age,
of sound mind, and under no constraint or undue influence.
WITN S:
t
i
COMMONWEALTH OF VVIRGINIA '
COUNTY OFbj6-FC1x ss.
Sworn or affirmed to and subscribed efore me b ARTHUR R. SHOPE,
JR the Testator, and _ (p�
� `tllfdl �t Y and n f, ` =--------wtn'ess'es,
this � 4�h day of _ —��
NOTARY PUBLIC j
TRUST AGREEMENT, made this day of 4 1*� 57 f 2006
between ARTHUR R. SHOPE, JR. , now of RESTON, VIRGINIA
(hereinafter called the "Settlor") , and ARTHUR R. SHOPE, JR,
(hereinafter called the "Trustee") .
1) Trust Property Trust Propertvi) Trust Property
ii) Trust Property. The Settlor hereby delivers to the Trustee the
sum of $1. 00 and other assets which may be set forth in Schedule "A"
attached hereto. The property held hereunder or which may be
transferred to the Trustee, shall be held by the Trustee, in trust,
for and upon the trusts, purposes and conditions hereinafter set
forth, and may sometimes be referred to as the "Trust Estate. "
2) Additional Property ii) So long ;as this Agreement
remains unrevoked, the Settlor or any other person may, at any time
and from time to time, with the consent of the Trustee, add to the
trust any other property, by deed, assignment, bequest, devise, gift,
change of beneficiary or any other method. If so added, such
additional property shall be covered by the provisions of this trust,
the same as if originally included hereunder.
3) Lifetime Trust Any property added to this trust
durinq the Settlor' s lifetime shall be kept invested and managed as a
separate trust, and:
(1) The Trustee shall, from time to time, pay or
apply as much, or all, of the net income and principal to the Settlor
as the Settlor may request; and
(2) The Trustee shall, in the event that the Settlor
is disabled, pay to or for the benefit of the Settlor as much of the
net income and principal as the Trustee may from time to time consider
desirable for the welfare, comfort, support or education of the
Settlor; and
(3) Any net income not so paid or applied shall, from
time to time, be added to principal.
4) Dispositive Provisions Upon the death of the
Settlor, the Trustee shall pay $10, 000 to Linglestown Church of God,
�4 534 Linglestown Rd. Harrisburg, PA 17112-1140 and then divide this
trust as follows:
Lois M. McGregor 15%
Robert C. Shope 15%
Jeanne Ptxszenski 14% Daniel McGregor 14%
Douglas Shope 14% Matthew McGregor 1416
Robert C. Shope, Jr. 14%
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If they are living or is not then living but survived as follows :
Lois M. McGregor' s share shall be inherited by
her husband Glenn if living, otherwise
by her children Daniel and Matthew or their survivor.
Robert C_ Shope' s share shall be inherited by
his children Jeanne, Robert. Jr, and Douglas
C(P� or their survivor.
Jeanne Nszenski' s share shall be inherited by her children
Erin, Adam and Michael or their survivor.
Douglas Shope' s share shall be inherited by his children Cochran
Tucker and Mason or their survivor.
Robert C. Shope Jr. ' s share shall be inherited by his wife
Deborah
Daniel McGregor' s share shall be inherited by his wife April.
Matthew McGregor' s share shall be inherited by his mother Lois
If living, otherwise by his father, Glenn.
Each such share shall be kept invested as a separate trust, and
shall be distributed to each such beneficiary upon such beneficiary' s
request.At the Settlor' s death 508 will be distributed in a
reasonable time thereafter. The balance shall be distributed after the
sale of the Settlor"s residence.
In the event of the death of a beneficiary of the
Settlor prior to complete distribution of such beneficiary share, or
if at the time such share is created such beneficiaryis not then
living, then, upon such beneficiary' s death, or upon the setting up of
such beneficiary' s share, such share shall be held in Trust as
provided above.
5 . Power of Revocation and Amendment. The Settlor may at
any time and from time to time during the Settlor's lifetime, by
instrument in writing delivered to the Trustee, alter, amend or revoke
this Agreement, either in whole or in part. In case of revocation,
the property held in trust hereunder, or that part thereof as to which
this Agreement may be revoked, shall be delivered by the Trustee to
the Settlor, or in accordance with the Settlor' s written directions.
No amendment shall substantially increase the obligations of the
Trustee without the Trustee ' s consent.
1 6. Death Tax. The Trustee shall pay all estate,
inheritance and any other death taxes (but not including any
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generation-skipping transfer tax for which the Settler may be liable
as transferor under §2603 (a) (3) of the Internal Revenue Code, as
revised or amended, and any interest and penalties thereon) , as a
result of the Settlor' s death, with respect to all property
includible in the gross estate of the Settler, whether or not such
taxes are payable by the estate of the Settlor or by the recipient of
any such property, including inheritance and other death taxes which
may be prepaid by or on behalf of any person having a contingent or
remainder interest therein, if the Trustee shall deem it advisable to
prepay such taxes. All such taxes shall be paid out of then-general
principal of the trust estate, without apportionment or right of
reimbursement from any beneficiary or recipient. Such taxes shall be
paid at such time or times as the Trustee may deem advisable, and the
Trustee shall be authorized to remit to the Settlor's Executor or
Administrator such sums as may be required to pay such taxes. No
property which would otherwise be exempt from federal or state death
taxes shall be used to pay any death taxes under this paragraph.
7 . Pavments to Aid in Settlement of Estate. The Trustee
shall have the power, but not the duty, to make such payments from the
principal of the trust estate as the Trustee may think desirable to
facilitate the settlement of the Settlor's estate, and in the exercise
of this power the Trustee may pay, in whole or in part, any or all of
the Settlor' s debts, the expenses of the Settlor' s funeral and burial,
any or all of the administration expenses in connection with the
Settlor' s estate, or any or all of the Settlor' s death taxes as
provided hereinabove, even though they do not relate to property
becoming subject to this trust. Such payments shall be made at such
time or times as the Trustee may deem advisable, and the Trustee shall
be authorized to remit to the Settlor' s Executor or Administrator such
sums as may be required to pay such debts or expenses. Neither the
Settlor' s Executor or Administrator nor any beneficiary of the
Settlor' s estate shall be required to reimburse the Trustee for any
such expenditures. No property which otherwise would be exempt from
federal or state death taxes shall be used to make any payments under
this paragraph.
8 . Protection of Beneficiaries. The interests of
beneficiaries in principal or income of any trust created hereunder or
any share thereof shall not in any way during their respective
lifetimes be subject to the claims of their creditors or others, nor
to legal process, and may not be voluntarily alienated or encumbered.
9. Management Powers. In addition to other powers
conferred upon the Trustee by this Agreement or by common law or
statute, the Trustee shall have the following powers, all of which
shall be exercised in a fiduciary capacity for the best interests of
the beneficiaries hereunder:
(A) to hold, possess, manage and control the trust
estate for the purposes and uses herein set forth;
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(B) to invest and reinvest all or any part of the
trust estate in any property, real or personal, including stock,
common trust funds or other securities of any corporate fiduciary or
of a holding company controlling said fiduciary, without regard to
statutes limiting the property which the Trustee may purchase;
(C) to compromise claims and to abandon any property
which in the Trustee' s opinion is of little or no value;
(D) to sell, transfer, exchange or lease any real or
personal property of the trust estate, for cash or on terms, publicly
or privately, and to give options for sales or leases;
(E) to execute and deliver any deeds, leases,
assignments or other instruments as may be necessary to carry out the
provisions of this trust;
(F) to open and maintain, in the name of the trust,
bank accounts, safe-deposit boxes and other adequate measures for the
safeguarding of property;
(G) to borrow from anyone, even if the lender is a
Trustee hereunder, and to pledge property as security for repayment of
any funds borrowed;
(H) to make loans to, and to buy property from, the
estate of the Settlor;
(I) to exercise in person or by proxy any
subscription right in connection with any security held hereunder, and
to consent to or participate in any reorganization, consolidation, or
merger of any corporation;
(J) to allocate any property received or charge
incurred to principal or income, or partly to each, without regard to
any law defining principal and income; provided that, whenever the
principal, or any part thereof, of the trust estate is invested, such
premium shall be charged against principal, and any such discount
shall be credited to principal; and provided further that stock
dividends and rights to purchase additional stock issued on securities
held in trust shall be treated as principal, and not as income. All
other dividends, except liquidating distributions, shall be treated as
income;
(K) to make any distribution hereunder in kind or in
money, or partly in each, and to allocate specific assets among the
beneficiaries (including any trust hereunder) in such proportions as
the Trustee may think best, so long as the total market value of any
beneficiary' s share is not affected by such allocation;
(L) to engage attorneys, accountants, agents,
custodians, clerks, investment counsel and such other persons as they
I
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may deem advisable, and to make such payments therefor as they may
deem reasonable, and to delegate to such persons any discretion which
they may deem proper;
(M) to agree with the Executor or Administrator of
the Settlor' s estate in the use of expenses and losses as deductions
for estate- or income-tax purposes, or partly for each, as shall be
deemed advisable, without adjustments between income and principal or
in the amounts passing to each beneficiary;
(N) to deal with the stock of any close corporation,
any partnership or any other business interest forming a part of any
trust hereunder, including the powers: to disregard any principal of
investment diversification, and to retain any part or all of such
interest as long as the Trustee shall consider it advisable to do so;
to sell any part or all of such interest at such time or times, for
such prices, to such persons (including persons who are Trustee or
beneficiaries hereunder) and on such terms and conditions as they may
think desirable; to do anything that may seem advisable with respect
to the operation or liquidation of any such business, or any change in
the purpose, nature, or structure of any such business; to delegate
authority to any director, stockholder, manager, agent, partner or
employee, and to approve payment from the business of adequate
compensation to any such person; to cause the business to borrow money
from the banking department of any corporate trustee, regardless of
any rule of law with respect to conflict of interest; and to make
additional investments in any such business if such action seems
desirable for the best interests of this trust and the beneficiaries
thereof.
(0) without being required to obtain leave of court,
to organize a corporation to carry on such business, if
unincorporated, by themselves or jointly with others, and contribute
all or part of the property of such business as capital to such
corporation, and accept stock in the corporation in lieu thereof.
Similarly, the Trustee may dissolve any corporation carrying on any
such business, and may operate such business in any other form that
the Trustee in Trustee ' s discretion, may deem appropriate;
(P) to do all such acts, take all such proceedings
and to exercise all rights and privileges, although not hereinbefore
specifically mentioned, with relation to any such property, as if the
absolute owners thereof, and in connection therewith to make, execute
and deliver any instruments and to enter into any covenants or
agreements binding any trust created hereunder;
(Q) to purchase securities on margins, and to
rehypothecate same;
(R) to purchase United States of America Treasury
Bonds which may be redeemed at par in payment of the federal estate
tax which will be imposed upon the Settlor' s estate. In purchasing
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those bonds, each Trustee is authorized: (1) to borrow cash,
collateral or both from any lender, including a Trustee; (2) to secure
any such loan by pledge of either the bonds or any other trust asset,
or by any other arrangement upon the terms and conditions of any such
loan. The exercise of this discretion by any Trustee shall not impose
any liability upon any other Trustee who does not participate in it.
The Trustee shall retain all of those bonds as trust assets until the
Trustee shall determine that it is no longer advisable to do so.
(S) to purchase options, futures contracts, limited
partnership interests, shares of registered investment companies, or
other property, real or personal, domestic or foreign, suitable for
the investment of trust funds; to register property in the name of a
nominee without restrictions; to vote in person , or by general or
limited proxy, or to refrain from voting any corporate securities for
any purpose; to sell, exchange, mortgage or pledge any or all of the
trust property, and to sell put and covered call options, and to
invest in options, warrants, puts, calls and margin borrowing; and
(T) the Trustee is authorized to turn over the Trust
assets to any person or management company for the purpose of managing
the assets of this Trust. In this event, such person or management
company may exercise such discretion in connection with the
investments and reinvestments of Trust assets and income in accordance
with reasonable and prudent management practices . This discretion
shall include but not be limited to the powers to invest in options,
margin accounts, and limited partnerships.
10 . Provisions Relating to Trust. The following
provisions shall apply as indicated to the trusts created hereunder
and to each share thereof:
(A) Except as provided herein, if any share becomes
distributable to any person who is a minor, or to a beneficiary who in
the judgment of the Trustee is legally incapacitated, then such share
shall immediately vest in such person, but the Trustee may retain
possession of such share during such minority or incapacity. The
Trustee shall use and expend as much of the income and principal of
such share as the Trustee shall deem necessary or desirable for the
medical care, comfort, support, maintenance and education (including
but not limited to college and postgraduate education) of such person,
or the Trustee may otherwise pay the same to said person, to the
legally appointed guardian or conservator of such person, or into an
account for said person under any Uniform Gifts to Minors Act, Uniform
Transfers to Minors Act, or otherwise, for the benefit of said
beneficiary. Any income and principal not so expended or applied by
the Trustee shall be retained by the Trustee and paid to the
beneficiary upon termination of the incapacity (including minority) ,
or to the estate of the beneficiary if he or she dies while still a
minor or while still incapacitated, as the case may be, unless
otherwise provided herein. For purposes of this subparagraph, a
person shall be deemed to be a "minor" so long as such person is under
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the age of twenty-one (21) years, any statute now or hereafter in
force to the contrary notwithstandinq.
(B) Any income accrued or undistributed at the
termination of any estate or interest under this trust or any share
thereof shall be paid by the Trustee as income to the persons entitled
to the next successive interest in the proportions in which they take
such interest.
(C) For convenience of administration and investment,
the Trustee shall be authorized to hold the several shares of the
trust estate as a common fund, dividing the income proportionately
among them, to assign undivided interests to the several shares, and
to make joint investments of the funds belonging to them.
Notwithstanding any other provisions of this Trust; and regardless of
the size of a trust hereunder, if the disp'ositive provisions
specifically enumerated under any other trust established by the
Settlor or any member of the Settlor' s family are substantially the
same as a trust hereunder, the Trustee may add the principal to such
other trust, to be held, administered and disposed of thereunder, in
which event the Trustee shall have no further responsibility for funds
so paid.
(D) If the Trustee in the Trustee ' s sole discretion
shall determine that it is desirable to do so, the Trustee may
terminate any trust if its fair market value declines to a size which
makes the continued retention of its principal in trust uneconomical,
imprudent or unwise; but no Trustee who is a beneficiary of the trust
shall participate in the exercise of this power to terminate. If this
power is exercised, then such termination shall be made by paying the
then-remaining principal and income of that trust to the person then
eligible to receive the income, or, if there is more than one such
person, to them in such amounts or proportions as the Trustee may
think appropriate.
(E) The Trustee shall have the power to determine,
irrespective of statute or rule of law, how all receipts and
disbursements of the trusts created hereunder, or any share thereof,
including the Trustee ' s compensation, shall be credited, charged or
apportioned as between income and principal, and the decision of the
Trustee shall be final, and not subject to question by any beneficiary
thereof.
11. Special Provisions Regarding GST Exemption.
(A) Notwithstanding any of the provision of this
instrument :
(1) If a trust held under this instrument would
otherwise be partially exempt from generation-skipping tax due to the
i intended allocation of a GST exemption to it, then, before such
allocation, and as of the relevant valuation date under Section 2642
of the Code with respect to such allocation, the Trustee may (but need
not) divide that Trust (the "original trust") into two separate trusts
of equal or unequal value, which shall be identical in all other
respects to the original trust, so that the allocation of GST
exemption can be made to one trust which will be entirely exempt from
generation-skipping tax. The two trusts created under this
subparagraph shall (i) have the same name as the original trust,
except that the trust to which the GST exemption is allocated shall
have the phrase "GST exempt" added to its name, and (ii) sometimes be
referred to herein as "related. "
(2) If property held in or to be added or
allocated to a trust pursuant to this instrument is subject to
different treatment, for any reason for purposes of the generation-
skipping tax under Chapter 13 of the Code, from other property being
added, allocated to or also held in that trust, then the Trustee may
(but need not) hold such property instead as a separate trust that is
appropriately designated to distinguish it from the trust to which the
property otherwise would have been allocated, but that is identical in
all other respects to that trust. The identical trusts resulting from
application of this subparagraph are also sometimes referred to herein
as "related. "
(3) It is the Settlor' s intent that the Trustee
shall not be required to administer a trust hereunder that is only
partially exempt from generation-skipping taxes, or to commingle
property subject to different treatment for generation-skipping-tax
purposes, whether because the transferors with respect to the property
are assigned to different generations, or otherwise. The provisions
of this instrument are intended to enable the Trustee to avoid such
situations by empowering the Trustee to segregate trust property that
is (i) entirely exempt from generation-skipping tax from trust
property that is not exempt, or (ii) otherwise treated differently
from other trust property for purposes of the generation-skipping tax,
and the provisions of this instrument should be applied in a manner
consistent with this intention.
(B) To the extent it is consistent with the Trustee's
fiduciary obligations, the Trustee, in making discretionary
distributions of net income and principal from the related trusts
referred to in the provisions of this instrument shall take advantage
of the opportunities provided by the creation of such related trusts
to avoid or delay generation-skipping tax when making discretionary
distributions, and to maximize the amount of trust property that
eventually may be distributed to the Settlor' s grandchildren or more
remote descendants without transfer tax of any kind at the termination
of all trusts created under this instrument.
(C) The term "GST exemption" means the exemption from
generation-skipping transfer tax allowed under Section 2631 of the
Internal Revenue Code of 1986, as from time to time amended.
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i
12 . Trustee.
(A) Any Trustee named in this trust may resign
without court approval at any time by a written notice of resignation
delivered to the Settlor, if living, and, if not, then to any
remaining Trustee; or, if no other Trustee is then acting, then to the
beneficiaries then entitled to the trust income, which notice shall
thereupon be attached to this Agreement. Upon the Settlor 's death or
resignation, or if the Settlor ceases or fails to act as Trustee for
any other reason, the Settlor shall be succeeded by LOIS MC GREGOR AND
ROBERT C. SHOPE as successor Trustee. The last Trustee named by the
Settlor, who is serving as such, may designate his/her successor (s)
in a writing delivered to the beneficiaries hereunder or in his/her
Will making specific reference to this power. In the event that any
successor Trustee is thereafter unable or unwilling to serve or for
any reason ceases or tails to serve as a Trustee, such vacancy may be
filled by an individual designated in writing by a majority of the
remaining Trustee and beneficiaries hereunder.
Any successor Trustee appointed hereunder shall serve
with all the powers and duties conferred upon the Trustee first
hereinabove named, and any successor shall, with the written approval
of the beneficiaries, accept as correct the account rendered by the
prior Trustee without incurring liability.
(B) An individual Trustee who is a beneficiary
hereunder shall not participate in (i) the exercise of, or the
decision not to exercise, any discretion to pay income or principal
to, or to apply income or principal for, the benefit of himself or
herself; (ii) the determination as to whether he or she as a
beneficiary is disabled; (iii) the decision to terminate any trust
hereunder, if such decision affects himself or herself; or (iv) the
exercise of a discretion as to the allocation of any receipt or
expense between principal and income, if such allocation affects
himself or herself. The restrictions of this subparagraph shall apply
only to the extent such restrictions prevent inclusion of principal or
income in the Trustee' s income-tax return or estate-tax return.
(C) Any individual Trustee shall be entitled to
receive compensation for their services hereunder, and shall be
reimbursed for all reasonable expenses incurred- in the management and
protection of the trust estate, regardless of having received any
commissions as the Executor or Administrator of the Settlor' s estate.
As full compensation for its services hereunder, any corporate
Trustee shall receive such fees as, from time to time, are agreed upon
by it and the Settlor in a writing separate from this Agreement, but
if for any period no such fees are so agreed upon, any corporate
Trustee shall receive compensation in accordance with its standard
schedule of fees in effect while its services are performed.
(D) A majority of the beneficiaries to whom the
current trust income may or must then be distributed shall have the
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power to revoke the appointment of any corporate Trustee, provided
that a successor corporate Trustee is simultaneously appointed. if
any such person is then under a legal disability, such revocation and
reappointment may be made by the duly appointed guardian of such
person' s estate, by either parent, or by the guardian of the person
(which guardian need not be court-appointed) of any such person for
whose estate no guardian has been appointed.
(E) The Settlor, when acting as a Trustee, shall have
the sole power to effect property transactions, including but not
limited to transfers, assignments, purchases, sales and pledges, upon
the Settlor' s signature alone.
(F) If more than one Trustee is serving hereunder, a
majority of the Trustees shall have the power to ,`make any decision,
undertake any action, execute any action or execute any documents
affecting the Trusts created herein. In the event of a difference of
opinion among the Trustees, the decision of a majority of them shall
prevail, but the dissenting or nonassenting Trustee (s) shall not be
responsible for any action taken by the majority pursuant to such
decision. If only two Trustees are in office, they must act
unanimously, except if a Trustee is not . empowered to partake in a
particular decision, in which case the remaining Trustee (s) shall make
such decision, which shall be considered unanimous, unless the
unempowered Trustee disagrees. In the event the Trustees are unable
to act unanimously for a period of 15 calendar days, they shall submit
such issue to the American Arbitration Association, whose decision
shall be bindinq.
13. Rule Against Perpetuities . No trust created hereby
or by exercise of a power of appointment hereunder shall continue for
a period which would cause violation of the Rule Against Perpetuities.
Any property still held in trust at the expiration of that period
shall immediately be distributed to the person or persons then
entitled to receive or have the benefit of the income therefrom, in
the proportions in which they are entitled thereto, or, if their
interests are indefinite, then in equal shares.
14 . Trustee's Bond and Accounting. . Trustee's Bond and
Accounting. Any fiduciary acting hereunder shall not be required to
enter any bond or other security in any jurisdiction in which said
fiduciary may be called upon to act; nor shall such fiduciary be
required to file an accounting with ' any court; however, the Trustee
shall render to the adult beneficiary, or those beneficiaries then
entitled to the income from each trust then being administered under
this Agreement, statements of account of the Trustee's receipts and
disbursements at least annually.
15. Law Governing Trusts. All questions pertaining to
the administration, construction or validity of this trust shall be
governed by the law of the Commonwealth of Virginia
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16. Definitions and Construction. The terms "Trustee, "
"Executor, " and "Administrator" and any word used to indicate the
Trustee, Executor or Administrator or any person or organization,
shall be deemed to apply to the singular or a nia plural and to the
appropriate gender, as the case may be. The terms "child" and
"children" mean descendants in the first degree of the designated
parent who are living at the date of execution of this Agreement, and
those who are born thereafter. Those terms include persons who are
legally adopted by the designated parent only before that adopted
person attains the age of eighteen. That term does not include a
stepchild, foster child or a grandchild or more remote legitimate
descendant. The term "grandchild" of a designated individual means a
child of that individual ' s child.
The term "issue" includes children and more remote
descendants of the designated ancestor who are living at the date of
execution of this Agreement, and those who are born thereafter. That
term includes persons who are legally adopted by the designated
ancestor or by any descendant of the designated ancestor only before
that adopted person attains the age of eighteen. That term also
includes all children and issue, whether natural or legally adopted
before attaining that age, of any adopted person, to the same extent
as if each person legally adopted before attaining that age had been
the adoptive parent' s natural child.
s
The Settlor shall be deemed to be "disabled" at such
time as there is delivered to a Trustee hereunder (including a
successor Trustee, who may be next to serve as such upon the Settlor' s
disability) , (1) a notice signed by the Settlor' s attending physician
stating that the Settlor is too physically disabled to continue his
involvement as Trustee of this Trust, or (2) a notice signed by two
licensed physicians stating that by reason of mental illness, mental
deterioration, or other similar cause, the Settlor is unable to act
rationally and prudently in his own best interests. Upon receipt of
such notice, the Settlor is relieved of all powers reserved to the
Settlor in his fiduciary capacity as Trustee, and all such powers
shall vest in the successor Trustees .
IN WITNESS WHEREOF, ARTHUR R. SHOPE, JR. the SETTLOR and the
Trustee herein, have signed and sealed this Agreement the date first
above written.
r� "�<
IT S ARTHUR R. SHOP'.E-JR. SETTLOR
WITNE S ARTHUR R. SHOP JR:! TRUSTEE
WITNESS
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COMMONWEALTH OF VIRGINIA
ss.
COUNTY OF (S
On this 9Yh day of '0gQYAA- 19 before me,
u
the undersigned authority, personally appeared ARTHUR R. SHOPE, JR. , and
in due form of law acknowledged the foregoing instrument to be his act
and deed, and desired it to be recorded as such.
WITNESS my hand and seal the day and year aforesaid.
NOTARY PUBLIC
1
1 Amendment to Trust—The Settlor has entered a Trust on August 20 2006 and said
Trust provided in Paragraph 5.that it could be amended upon the acceptance of the
Trustee and the Settlor,in writing; and
Lois M. McGregor has passed away; and
The Settlor has decided to fill her position with Matthew McGregor,
Now,therefore the Trust is hereby amended by changing Paragraph 12 by including
Matthew McGregor as the replacement for Lois M. McGregor.
In all other respects the Trust is reaffirmed and shall continue in full force and effect.
In Witness Whereof,Arthur R: Shope,Jr.the Settlor and the Trustee of the Trust created
On August 26,2006 have sign Amendment this day of42Zo,8_VW7
Alat
VWA, ess Arthur R. Shope,Jr.
Witness Arthur R. Shope,Jr.
Commonwealth of Virginia
County of fa yf!?,,x ss
On this_1 L+ day of octnbev 2007 before me,the undersigned authority,personally
appeared Arthur R. Shope,Jr., and in due form of law acknowledged the foregoing
instrument to be his act and deed,and desired it to be recorded as such
Witness my hand and seal the day and year aforesaid.
NOTARY PUBLIC
My Co ssion I ires /
"
t1[nwt�a1�oRUo
Notary rupYe
CommwMeam of Vk9wo
7W117�
M'Canmimm[rpkn on 71,=011
1
SECOND AMENDMENT
TO
ARTHUR R. SHOPE, JR. LIVING TRUST
THIS AMENDMENT is made and executed this_;L day of NO V EM F3 E—�
20( to THE ARTHUR R SHOPE,JR LIVING TRUST dated August 24,2006,by and between
ARTHUR R. SHOPE, JR. (hereinafter called the "Settlor") and ARTHUR R SHOPE, JR.
(hereinafter called the "Trustee");
WHEREAS,the Settlor and the Trustee entered into a revocable living trust agreement dated
August 24, 2006, which trust was thereafter amended on October 1, 2007; and
WHEREAS, Paragraph 5.of said trust agreement provides for amendment by a written
instrument;and
WHEREAS,the Settlor desires to make an amendment to said trust agreement;
NOW, THEREFORE, this Amendment WITNESSETH:
1. Paragraph 4 is deleted in its entirety,and the following is substituted in its place:
4. Disnositive Provisions. Upon the death of the Settlor, after payment of all
valid debts, taxes and administrative expenses,the Trustee shall distribute the sum of Ten
Thousand Dollars($10,000) to Linglestown Church of God; 5834 Linglestown Road,Harrisburg;
Pennsylvania 17112-1140, and the balance of this Trust shall be distributed to the beneficiaries
identified below in accordance with the specific percentages assigned,as follows:
-1-
(a) to Settlor's niece,JEANNE PTASZENSKI,twenty percent
(20%), if she survives the Settlor, and if not then such share shall be distributed in equal shares to
the then-living children of JEANNE PTASZENSKI,being ERIN, MICHAEL and ADAM;
(b) to Settlor's nephew, DOUGLAS SHOPE,twenty percent
(20%), if he survives the Settlor,and if not then such share shall be distributed in equal shares to
the then-living children of DOUGLAS SHOPE, being COCHRAN, TUCKER and MASON;
(c) to Settlor's nephew,ROBERT C. SHOPE, JR.,twenty
percent(20 1/o), if he survives the Settlor, and if not then such share shall be distributed to
DEBORAH SHOPE,the wife of ROBERT C. SHOPE,JR.;
(d) to Settlor's nephew,DANIEL McGREGOR,twenty percent
(20%), if he survives the Settlor, and if not then such share shall be distributed to APRIL
McGREGOR,the wife of DANIEL McGREGOR; and
(e) to Settlor's nephew, MATTHEW McGREGOR, twenty
percent(20%), if he survives the Settlor, and if not then such share shall be distributed to ST.
PAUL'S RED RUN UNITED CHURCH OF CHRIST, 6623 Davidsburg Road, East Berlin,
Pennsylvania 17316.
In default thereof,any remaining amount shall be distributed to such then living
person or persons as are then determined to be Settlor's distributees by application of the
intestacy laws of the Commonwealth of Virginia governing the distribution of intestate personal
property then in effect, as though the Settlor had died at that particular time, intestate, a resident
of the Commonwealth of Virginia and owning such property then so distributable.
-2-
2. In all other respects, said trust, as amended, is hereby ratified, approved and
confirmed.
IN WITNESS WHEREOF,ARTHUR R. SHOPE,JR.,Settlor and Trustee herein,has signed
and sealed this Amendment on the date first above-written.
ARTHUR R. SHOPE, JR., 5eftlor
L9 op
ARTHUR R. SHOPE, JR., 1 ntstee
W:\D=kTMhopeATmstAmendm t -
-3-
COMMONWEALTH OF
COUNTY OF
FC'tiC�.X : ss.
On this Q*day of 11�O�ember 2008 , before me,the undersigned
authority,personally appeared ARTHUR R. SHOPE,JR., who I am satisfied is the person named
in and who executed the within instrument and he did acknowledge that he signed, sealed and
delivered the same as his act and deed for the uses and purposes therein expressed.
NOTARY PUBLIC
My Commission Expires: 01[3(/0009
QrndF3QE5oS
Date of Death (08/09/2012) Prices for Arthur Shope Living Trust
Hi Low =e,
631-129801-300 AAA
BANK OF AMERICA CORP(BAC) — 11Z7,1P33,00*
3,991.65 $32.23 31.72 31.0-5
BLACKROCK MUNIENHANCED FD INC 16.747 12.43 12.27 1 a. 3S
CITIGROUP INC NEW(C) /(y L a,1 57 28.99 28.62 d8, 91
DOMINION RES INC(NEW) (D) c g3,&S�, 19 5,479.72 53.72 53.45
FRONTIER COMMUNICATIONS CORP (FTR) S QQD,BS 1,269.00 4.76 4.53
JOHN HANCOCK BK&THRIFT NEW(BTO) /6 64 1 16.69 16.59
VERIZON COMMUNICATIONS(VZ) C l&3 QQ3, ]3 5,960.78 44.44 44.09 y a7
i
631-134721-300•REG
ANNALY CAPITAL MNGMT INC (NLY) 1 gI a 13,1 z 1,088.00 16.83 16.64
BANK OF AMERICA CORP(BAC) 1�1 a&J•LJH 552 7.76 7.67
BLACKROCK MUNIENHANCED FD INC(MEN) L;S z�1 o7 3,649.00 12.43 12.27
BOARDWALK PIPELINE PTNRS LP (BWP) aQ� 70a 9�f 773 27.15 26.4 aL,
BP PLC ADS(BP) q, 13. 179 27.15 26.4
p
The information and data contained in this report are from sources considered reliable, but their
accuracy and completeness is not guaranteed.This report has been prepared for illustrative
purposes only and is not intended to be used as a substitute for monthly transaction statements you
receive on a regular basis from Morgan Stanley Wealth Management LLC. Please compare the data
on this document carefully with your monthly statements to verify its accuracy.
Information and data are as of 9 August 2012,and subject to change and'availability.
Morgan Stanley Wealth Management LLC and its affiliates do not provide tax or legal advice. To the
extent that this material or any attachment concerns tax matters, it is not intended to be used and
cannot be used by a taxpayer for the purpose of avoiding penalties that may be imposed by
law. Any such taxpayer should seek advice based on the taxpayer's particular circumstances from
an independent tax advisor.
� --
P311,o 0,2& 1a_
GOGGLE INC-CL A (GOOG) �a,a 3S,OS 19 646.37 641.52 G g3,9S
INTEL CORP(INTC) adabG.D4 833 26.89 26.57 26.73
INVESCO MORTGAGE CAPITAL INC(IVR) 7 D I S, Sa 882 19.5 19.21 I f.3b
(SHARES FTSE NAREIT MTGE (REM) /� 1,307.00 14.55 14.4 Nqg-�
JPMORGAN CHASE &CO (JPM) 310 q 30 0 0 1,000.00 37.26 36.59 36,93
MAIN STREET CAPITAL CORP(MAIN) Nq,N �l0 0 p 560 26 25.7 dS,ft
MERCK&CO INC NEW COM (MRK) 8-4 L 0) 201 44.32 43.7 )Iy,01
PENN WEST PETE LTD NEW (PWE) a y qa�.�0 680 44.32 43.7 gq.01
POWERSHARES ETF TRUST FINL(PGF) as a3�s,L� 1,206.00 18.47 18.4 j k.qq
PRUDENTIAL FINANCIAL INC (PRU) I lJS)I,d la 214 54.12 53.45
SKYWORKS SOLUTIONS INC(SWKS) a) d0S ,a-L0 734 29.14 28.64 p1b,�
f
TC PIPELINES LP(TCP) ��/02 j �-�r 492 29.14 28.64 a�,k9
VALE S.A(VALE) 1 '�� (p S 907 19.1 18.8
WINDSTREAM CORP(WIN) ��� O3? 93 1,173.00 9.7 9.11
BANK OF AMERICA 8.20%SER H (BAC.H) a(, JOE.0 819 25.84 25.7 Q1S
NY CMNTY CAPITAL TRUST V CUSIP 64944/`307 3 475 50.19 48.99,ss
a 5310.
-- ---__-- 3od,�l 7!-3 -- ------- -
The information and data contained in this report are from sources considered reliable, but their accuracy
and completeness is not guaranteed.This report has been prepared for illustrative purposes only and is not
intended to be used as a substitute for monthly transaction statements you receive on a regular basis from
Morgan Stanley Wealth Management LLC. Please compare the data on this document carefully with your
monthly statements to verify its accuracy.
Information and data are as of 9 August 2012,and subject to change and availability.
I�
Morgan Stanley Wealth Management LLC and its affiliates do not provide tax or legal advice.To the extent
that this material or any attachment concerns tax matters,it is not intended to be used and cannot be used
by a taxpayer for the purpose of avoiding penalties that may be imposed by law. Any such taxpayer should
seek advice based on the taxpayer's particular circumstances from an independent tax advisor.
BRISTOL MYERS SQUIBB CO (BMY) d04 qg le 641 32.23 31.72
CAPSTEAD MTGE CP NEW(COM NEW)(CMO) /D Dales• 7S 725 13.9 13.75 13.ej
CENTURYLINK INC(CTL) a 3 $93.S�10 558 43.43 42.21 4,2,d d
CISCO SYS INC(CSCO) a f� JJa 00 800 17.79 17.48 7. 6q
CLOROX CO DE (CLX) /'� b 9n �0 240 71.49 70.92
COHEN&STEERS INFRASTRUCTURE FD (UTF) )q, SO, ?S 815 17.95 17.75 /7,
CONOCOPHILLIPS (COP) /� 74d,9S 345 57.37 56.85 !j1 JJ
DEVON ENERGY CORP NEW(DVN) JS� ,5,3 y, l 258 61.21 59.2 Zoo.dl
DOW CHEMICAL CO (DOW) S3 ' 661 4 888 61.21 59.2 LPI�,al
ELI LILLY&CO (LLY) a 3�4.1..7,00 548 42.95 42.55
ENTERPRISE PROD PRTNRS L.P. (EPD) 1�� q10 d 23 529 53.19 52.55 ,SJ7
FREEPORT MCMORAN CP&GLD(FCX) �� 7d a, j� 299 36.3 35.41 31 S 4
GENERAL ELECTRIC CO(GE) ay yya,ob 1,400.00 21.12 20.94 al.o3
GENERAL MILLS INC(GIS) (� S� �7 173 38.61 38.37
rThe information and data contained in this report are from sources considered reliable, but their accuracy
and completeness is not guaranteed.This report has been prepared for illustrative purposes only and is not
intended to be used as a substitute for monthly transaction statements you receive on a regular basis from
Morgan Stanley Wealth Management LLC. Please compare the data on this document carefully with your
monthly statements to verify its accuracy.
i
Information and data are as of 9 August 2012,and subject to change and availability.
i
Morgan Stanley Wealth Management LLC and its affiliates do not provide tax or legal advice.To the extent
that this material or any attachment concerns tax matters,it is not intended to be used and cannot be used
by a taxpayer for the purpose of avoiding penalties that maybe imposed bylaw. Any such taxpayer should
seek advice based on the taxpayer's particular circumstances from an independent tax advisor.
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L A W F I R M
Leanne M. Miller,Attorney
Immiller @cgalaw.com
EM. 125
May 7, 2013
Cumberland County Courthouse
Orphans' Court Division
1 Courthouse Square
Carlisle, PA 17013
Re: Arthur R. Shope, Jr. Estate,No 12-12-1016
Dear Sir/Madam:
Enclosed please find the following:
1. One original and one copy of the Inventory;
2. One original and two copies of the Inheritance Tax Return; and
3. Check in the amount of$30.00 for the filing fee.
Please return the one time-stamped copy of each of the documents and the receipt to my office in
the enclosed self-addressed, stamped envelope. Thank you.
If you have any questions, please feel free to contact my office. Thank you.
Sincerely,
Leanne M. Miller
Enclosures
LM/ded
100703194111
CGA Law Firm, CGA Professional Center, 135 N.George Street,York, PA 17401,717.848.4900, Fax 717.843.9039,www.cgalaw.com
0
-n
CGAIAWFIRM
717-848-4900 O.O LBS LTR 1 OF 1
CGAIAWFIRM _
13S NORTH GEORGE STREET
YORK PA 37401 -
SHIP TO:
ORPHANS' COURT DMSION
CUMBERLAND COUNTY COURTHOUSE
1 COURTHOUSE SQUARE
CARLISLE PA 17013-3323
WIN . PA '171 9-30
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TRAOGNG #: 1Z F14 E60 A2 9747 5258
BILLING:P/P
ADULT SIGNATURE REQUIRED-MIN 21
Reference#1:30768-1 Arthur Shope Estate
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