HomeMy WebLinkAbout08-30-13 -� REV-1500°`�2"� 1606610143
PA De artment of Revenue ���� OFFICIAL USE ONLY
P pennsylvania �qyMy�q� Y�r FileNUrtber
Bureau of Individual Taxes ��^�*^+�*�FAE���E
Po aox2eosa� INHERITANCE TAX RETURN 2 1 13 6 7 0
Harrisburg,PA 17128-0601 RESIDENT DECEDENT
ENTER DECEDENT INFORMATION BELOW
Social Security Number Date of Death Date of BiRh
202 20 9957 06 07 2013 11 07 1910
DecedenYs Last Name Suffix DecedenPs First Name MI �
MAKIBBIN MARTHA L
(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
� i. Original Retum ❑ 2. Supplemental Retum � 3.Remeinder Retum(�ate M Death
Prarto 12-13-82)
� 4. Limited Estate � 4a.Future IMer�t Compmmsa � 5. Federal Eslate Tan Retum Required
(tlab cf deeN aka 12-12b2�
� 6 Demtlerrt Dietl Testab � � Dacetlent Maindinetl a LNing Trust � 8, Total Number of Sefe Deposit Bozes
(ACxh Copy o1 Vvfl� (Almch CWY�T^�
� 9. Lilge�ion Pmceeds Received � 10.Spousal Poverly Credit(Date of Oeath � �7.Eleclion to ta�c under Sec.9113(A)
behvean 12-3191 and 7•L9� (Anach Schedule O)
CORRESPONDENT-THIS SECTON MUS7 BE COMPLETED.ALL CORRESPONDENCE AND CONFlDENTIAL 7AX INFORMATION SHOULD BE DIRECTED TO:
Name Daytime Telephone Number
ROBERT G FREY 717 �43 58�-8 ;_,,, :,�
� ° r '`�
REGI�I}�AF�MIILLS:LSE ONL`�[�
r... S:. r.:. ..:..,
First Line of Address Z'_ ��� .. �� . _ . ,
5 SOUTH HANOVER STREET
� . `:
e r. --
Second Line of Address - _ �`� ,
�,, �
2L. _.. r. ,. .. ,.,,
Ci or Post O�ce DATE FIL-ED � �i7
�Y State Zlp Code
CARLISLE PA 17013
Cwrespondent'se�nailaddress: fffey�ffeytlley.COm
Under penaHies of perjury,I declare tlia�I heva exemined ihis retum,including accompe�rying schedules and steteme�rts,aM b ri�e bes�of rtry knowledge and belief,
it is true,cortect and complete.Declaretbn of preperer other ihan the personel repraseMatrve is based on all infortnetion ot which preparer hes any knoWedge.
SIG TURE OF PERSON RESPONSI E FOR FI ING RETURN DAT
� � Patricia A.Schmaus � � cr�� 3 a Z o/ z
ADDRESS
1123 Redwood Drivs, Carlisle, PA 17013
SIGNATU E PREPA ROT NR R IVE DATE
RobeR G Frey ,� "�' 3 p Zp(
A�DRE
Froy and Tiley
5 South Hanover Street, Carlisle, A 17013
Side 1
� 1505610143 1b06610143 ����
1 1606610243
�J
REV-1500 EX
DecedenYs Social Securiry Number
o�a�MSNa� MAKIBBIN, MARTHA LOUISE 202 20 4957
RECAPITULATON
7. Real Estate(Schedule A).......................................................................................... 1.
2. Stocks and Bonds(Schedule B)............................................................................... 2.
3. Closely Held Corporadon,Partnership or Sole-Proprietorship(Schedule C).......... 3.
4. Mortgages&Notes Receivable(Schedule D).......................................................... 4.
5� Cash, Bank Deposds 8 Miscellaneous Personal Property(Schedule E)................ 5. 2 0 5 , 6 0 4 . 0 6
6. Jointly Owned Property(Schedule F) ❑ Separate Billing Requested............. 6.
7. Inter-Vivos Trensfere&Miscellaneous Non-Probate Property
(Schedule G) ❑ Separete Billing Requested............. 7. 8 5 6 , 3 5 6 . 9 B
8. Total Gross Assets(total Lines 7 through�.......................................................... 8. 1 , 0 6 1 , 9 6 1 . 0 4
9. Funeral Expenses and Administrative Costs(Schedule H)..................................... 9. 3 2 , 9 8 2 . 3 3
70. Debts of Decedent,Mortgage Liabilities and Liens(Schedule I)............................. 70.
i 1. Total Deductions(total Lines 9 and 7 0).................................................................. t t. 3 2 , 9 8 2 . 3 3
12. Net Value of Estate(Line 8 minus Line 11)............................................................. t 2. 1 , 0 2 B , 9 7 8 . 7 1
�3. Chantable and Governmental Bequests�Sec 9713 Trusts for which
an eledion to tax has not been made(Schedule J)................................................. �3.
14. Net Value Subject to Tax(Line 12 minus Line 13)................................................. 14. 1 , 0 2 B , 9 7 8 . 7 1
TAX COMPUTATION-SEE INSTRUCTIONS FOR APPLICABLE RATES
15. Amount of Line 74 taxable
at the spousal tax rate,or
t2nsfers under Sec.9116
(a)(12)X .00 15.
16. Amount of Line 74 taxable
atlinealreteX o45 1 , 028 , 978 . 71 �6 46 , 304 . 04
17. Amount of Line 14 taxable
at sibling rate X .�2 17.
18. Amount of Line 74 taxable
at collateral rete X .15 18.
19. TAX DUE..............._.._...._._....................._........................._................................... 19. 4 B , 3 0 4 . 0 4
20. FILL IN THE OVAL IF YOU ARE RE�UESTNG A REFUND OF AN OVERPAYMENT. ❑
Side 2
L 1b06610243 1605610243 J
REV-1500 EX Page 3 File Nunber p� - 7 3 - 670
DeeedenYs Complete Address:
N
Makibbin, Martha Louise
STREETADDRESS
53 East North Street
��T�' STATE ZIP
Carlisle PA 17Q13
Tax Payments and Credits:
1. Tax Due(Page 2,Line 19) (�) 46,304.04
2. Credits/Payments
A. PriorPayments 43,98$.84
B. Discount 2,316.20
TotalCredits(A +e) (2) 46,304.04
3. Interest �
(3) 0.00
4. If Line 2 is greater than Line 1 +Line 3,enter the difference. This is the OVERPAYMENT. (q�
Check box on Page 2,line 20 to request a refund
5. If Line 1 +Line 3 is greaterthan Line 2,enterthe dif(erence. 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
1. Did decedent make a trensfer and: Yes No
a. retain the use or income otthe property transferred:.................................................................................. � x
d. receive the pmmise for life of either payments,ye��to n�sfee ed or its income:.................................... �I x
b. retain the ri ht to desi nate who shall use the ro
c. retain a reversiona mterest or............ . . . P P � Y X
x
2. If death occurred after Dec. 12, 1982, did decedent trensfer ro e within one ear of death wRhout C
receivingadequate consideretion7....................................................................................................................... �
3. Did decedent own an°in trust fo�' or payable upon death bank account or security at his or her death7......... � 0
4. Did decedent own an individual retirement account,annuity,or other non-probate property which
containsa beneficiary designation?.............................................................................._...................................... C �
IF 1HE ANSWER TO ANY OF THE ABOVE QUESTIONS IS YES,YOU MUST COMPLETE SCIIEDULE 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 trensfers to or for the use of the survrving
spouse is 3 percent[72 P.S.§9116(a)(1.1)(i)].
For dates of death on or after January 1, 7995,the tax rete 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 fax,and the statutory requirements for disclosure of
assets and filing a tax refurn are still applicable even if the surviving spouse is the only beneficiary.
For dates of death on or after July 1,2000:
•The tax rete imposed on the net value of trens(ers 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 o�the child is 0 percent[72 P.S.§9i 16(a)(12)].
•The tax rate imposed on the net value of trensfers 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)1.
•The tax rate imposed on the net value of transfers to or for the use of the decedenPs siblings is 12 percent[72 P.S. 9116(a)(1.3). A
sibling is defined under Sedion 9102,as an individual who has at least one parent in common vnth the decedent,w�ether by bloo�or adoption.
_
;�;',� pennsylvania SCHEDULE E
� OEPAR�MENTOFREVENUE CASH
,NNER„��ET�R�„RN , BANK DEPOSITS AND MISC.
RESioerrroeceoErrr PERSONAL PROPERTI(
FILE NUMBER
ESTATE OF Makibbin, Martha Louise 21 - t 3-670
Include the proceeds of litigation and the date the proceeds were received by the estate. All propeRyjointlyowned with the right of
survivorship must be disclosed on schedule F.
ITEM VALUEAT DATE OF
NUMBER DESCRI PTION
DEATH
1 M&T Account 9846712884 6,809.39
2 M&T savings Account 1 500421 66581 52 �gg,7gq,g7
TOTAL(Also enter on Line 5, Recapitulation) 206,604.06
REV.1510 EX+(OB-08)
�� :, pennsylvania
v CEPARTMEMOFREVENUE SCHEDULE G
�NH��TAN�ET�R��RN INTER-VIVOS TRANSFERS &
RESIDEMOECEDFM MISC. NON-PROBATE PROPERTY
ESTATE OF Makibbin, Martha Louise FILE NUMBER
__ �21�13-670
This schedule must be completed and filed N the answer to any of questions 1 through 4 on page 2 is yes.
ITEM �ESCRIPrIONOFPROPERTY pATEOFDEATH %� FXGWSION
NUMBER ��clutlat�enamedthetranshma,iheirrolatlmNip[odecetlmt yq�UEOFASSET �D'S TAXABLEVALUE
aM[hade[ecttrarisfar. AttachacopyotNedeadtarealesb0e. INiEREST (IFAPPLICA&.�
1 Martha Louise Makibbin Living Trust ese,35s.9e 100°� 0.00 856,356.98
TOTAL(Also enter on line 7, Recapitulation) 8b6,356.98
REV-1511 EX+�10-09)
,���- pennsylvania SCFEDULEH
��,� DEPARTMEM OF REVENUF .��. ��� ,�D
INHERITANCE TAX RETURN AM�,�A��
RESIDEM DECEOINT f•Y.A��Iw 1 fY1
FILE NUMBER
ESTATE OF Makibbin, Martha Louise 21 - 13 -670
Decedent's debts must be reported on Schedule I.
ITEM
NUMBER FUNERALEXPENSES: DESCRIPTION AMOUNT
a
B. ADMINISTRATIVE COSTS:
1. Personal Representative's Commissions
Name of Personal RepreseMative(s)
Patricia A. Schmaus 31,858.83
StreetAddress 1123 Redwood Drive
City Carlisle 5tate PA Zip 17013
Year(s)Commission Paid
2. Anorneys Fees Frey and Tiley 1,000.00
3, Family Exemption: Qf decedenPs address is not the ume as daimanYs,attach explanation)
Claimant
Street Address
City State Zip
Relationship of Claimant to Decedent
a. probate Fees Filing fees 123.50
5. AccountanPs Fees
6. Tax Return Preparer's Fees
7. Other AdminiSrative Costs
1
TOTAL(Also enter on line 9, Recapitulation) 32,982.33
REV-1513 EX+(01.10)
��"�,; pennsylvania SCHEDULE J
'� DEPARTMEMOFREVFNUE BENEFICIARIES
INHERITANCE TA%REfURN
RESI�ENT DECEDEM
ESTATE OF Makibbin, Martha Louise FILE NUMBER
21 - 13-670
NAME AND ADDRESS OF PERSON S RELATIONSHIP TO SHARE OF ESTATE AMOUNT OF ESTATE
NUMBER � ) DECEDENT (Words) ($$$)
R ECEIVING PROP ERN Do Not List TrusOeys)
I, TAXABLE DISTRIBUTIONS[include outright ousal
distributions,and�rensfers
under Sec.9N 6(a)(12)j
1 Sally Dumas,43223 Gladsden Ave 862, Granddaughter Z S ��
Lancaster, CA 93534
2 Patricia Schmaus, 1123 Redwood Drive, Daughter 5 d �la
Carlisle, PA �7013 i
e �
3 Steven Makibbin, 108 East Gentry St., Grandson Z S � i
Henryetta, OK 74437
Enter dollar amounts for distributions shown above on lines 15 through 18 on Rev 1500 cover sheet,as appropriate.
II. NON-TAXABLE DISTRIBUTIONS:
A. SPOUSAL DISTRIBUIIONS UNDER SECTION 9113 FOR WHICH AN ELECTION TO TAX IS NOT TA4�N
8.CHARITABLE AND GOVERNMENTAL DISTRIBUTIONS
TOTAL OF PART II-ENTER TOTAI NON-TAXABLE DISTRIBU170N5 ON LINE 13 OF REV-1500 COVER SHEET 0.00
■ ■ _ _ _ .
f■ � .
_. " �. ��, ' . ^=�V � =�_=R WVS ^'��. �i3� �. '�
i■ � ROM: BU�HLER WMG
f� Wella Pazgo Advisore,LLC Te1717-761•7344
�� Thren Lemoyne Drive Fex 717•875�8426
� Lemoyne,2A 17043 800-46&B6B5
July 17, 2013
Prey&Tiley
5 South Hanover Street
Carlisle,PA 17013
Attn: Sharon Devos
RE: DOD: June 7, 2013 M_Louise Makibbin
Deaz Sharon:
Li'.sted below is the date of death value for M. Louise l�aldbbin.
Number of shares Company Nazne Price per shaze
3,800.0970 AllianceBerstn Global C $ 8.53
1,950.5850 Calvert Income Fund C �16.�5
1,878.8170 Calvert Short Dur Income C $16.36
A01.0840 Capital Income Income C $56.04
5,262.4560 EV Tax Managed Global C $10:59
848_1280 First Eagle Sgen Overseas C $22.09
422.1200 Gabelli Small Cap Growch C Q39.40
4,255.3190 Henderson Global Equity C $7.75
300 Johnson&Johnson $84.61
232 Kimco Realty Corp. $22.13
6,072.7800 Loomis Sayls Inv Growth C $12.40
1,055.4240 JP Morgan Midcap'Value C $31.13
3,274.0200 JP Morgan Core Bond C $11.90
2.935.6440 Nuveen Preferted Sec C $17.71
5.628.0470 Pimco Total Retwn C $11.00
300 Proctor& Gamble $77.75
400 Statoil ASA $22.38
430 Suburban Propane $46_08
193 United Utilities PLC $23.29
516 Witidstr�eam Corp $7.89
4,`J l y,d/1U Well Fat�u Ase�l A1v�aCivu C $12.98
10,000 Allegheny Co 4.5% 7/15/2035 $100.271
10,000 PAState4.50%4/1/2031 $]03.754
25,000 FNMA 90 lO7D 7% 9/25/2020 $112.0864
14,000 FNR 03-9 EB 5%2/25/2018 $108.8685
10,000 Montgomery PA 4.25°/a 12/15/2031 $105.052
10,000 Montgomery PA 4375% 4/1/2026 $102.366
7,000 CWLT OS-52CA 5.45% 11/25/2033 $89.1 l 83
MemberFNRP/SIP(
�'.'_� - �". ' � ' ^; =�v R�.�'�'_ER �4iM� � `��. ?77� P. 2
15,000 PA Hsg Finance 4.85% 10/1l2031 $101.763
15,000 Philadelphia PA 4.50% 6/15/2029 $102.098
10,000 PhiladelphiaPA4.25°/a 11/1/2031 $102.899
20,000 South Fork 5.35% 7/1/2026 $100.094
5,000 South Fork 5.0% 7/1/2028 $100.039
5,000 Scranton 4.50% 9/1/2031 $90.958
10,000 State PA 4,375 9/15/2030 $101.938
5,000 LJniontown 4.35% 10/1/2034 100.853
Tf you need fiirther assistance, please give me a call.
Since ly,
T,yn a K. Neff
Semor Client Associ e
This report is not ttte official record of your account. However, it has been prepazed to
assist you with your investment planning and is for informational purposes only. Your
Wells Fargo Advisors Client StaYement is the official record of your account. Therefore,
if there are any discrepancies betoveen this report and your Client Statement, you should
rely on the Client Statement and call your local Branch Manager with any quesrions. Cost
data and acquisition dates provided by you aze no�verihed by Wells Fazgo Advisors.
Transactions requiring tax consideration should be reviewed cazefully with your
accountsmt or tax advisor. Uriless otherwise indicated, market prices/values are the most
recent closing prices available at the time of this report, and aze subject to change. Prices
may not reflect the value at which securities could be sold. Past performance does not
guarantee future results.
Investment No. of Shares Share Price Total
AllianceBernstein global 3,800.10 8.53 $ 32,414.83
Calvert income fund 1,950.59 16.45 $ 32,087.12
Calvert short duretion income fund 1,878.82 16.36 $ 30,737.45
Capital income fund 801.08 56.04 $ 44,892.75
Eaton Vance tax managed global fund 5,262.46 10.59 $ 55,729.41
First Eagle overseas fund 848.13 22.09 $ 18,735.15
Gabelli small-cap growth fund 422.12 39.4 $ 16,631.53
Henderson global equity fund 4,255.32 7.75 $ 32,978.72
Johnson and Johnson 300.00 84.61 $ 25,383.00
Kimco Realty Corp. 232.00 22.13 $ 5,134.16
Loomis Sayls Inv. Growth Fund 6,072.78 12.4 $ 75,302.47
1.P. Morgan mid cap value fund 1,055.42 31.13 $ 32,855.35
J.P. Morgan core bond fund 3,274.02 11.9 $ 38,960.84
Nuveen preferred securities fund 2,935.64 17.71 $ 51,990.26
PIMCO total return fund 5,628.05 11 $ 61,908.52
Procter & Gamble 300.00 77.75 $ 23,325.00
Statoil ASA 400.00 2238 $ 8,952.00
Suburban propane 430.00 46.08 $ 19,814.40
United utilities 193.00 23.29 $ 4,494.97
Windstream Corp. 516.00 7.89 $ 4,071.24
Wells Fargo asset allocation fund 4,919.67 12.98 $ 63,857.33
Allegheny County 4 1/2% bond 10,000.00 1.00271 $ 10,027.10
Pennsylvania State 4 1/2%on 10,000.00 1.03754 $ 10,375.40
FNMA 03-9 7% 25,000.00 1.1120864 $ 27,802.16
FNR 03-9 5% 14,000.00 1.088685 $ 15,241.59
Montgomery County 4.25% bond 10,000.00 1.05052 $ 10,505.20
Montgomery County 4375% bond 10,000.00 1.02366 $ 10,236.60
CWLT OS-52 CD, 5.45% 7,000.00 0.891183 $ 6,238.28
Pennsylvania housing finance 4.85%on 15,000.00 1.01763 $ 15,264.45
Philadelphia Pennsylvania 4 1/2% bond 15,000.00 1.02098 $ 15,314.70
Philadelphia Pennsylvania 4.25% bond 10,000.00 1.02899 $ 10,289.90
Southfork Pennsylvania 535°� bond 20,000.00 1.00094 $ 20,018.80
South Fork Pennsylvania 5% bond 5,000.00 1.00039 $ 5,001.95
Scranton Pennsylvania 4 1/2% bond 5,000.00 0.90958 $ 4,547.90
Pennsylvania State 4375% bond 10,000.00 1.01938 $ 10,193.80
Unio�townPennsylvania435% bond 5,000.00 1.00853 $ 5,042.65
$ -
$ -
$ -
Total $ 856,356.98
O 1VI�TBank
499 Mitchell Road,Millsborq DB 19966 Adjustmen[Services
Phone 588-502-4349
F az (302)934-2955
July 8.2013
Frey & Tiley
Attorney at Law
5 South Hanover Street
Carlisle, PA 17013
Re: Estate of Martha L. Makibbin
Social Securiri: 202-20-4957
Date of Death: June 7.2013
Dear Sir or Madam:
Per your inquiry on June 28,2013,please be advised that at the rime of death,the above-named decedent had on
deposit with this bank the following:
l. TypeofAccount CheckingAccount
Accourv Number 9846772884
Ownership(Names oJJ M Louise Makibbin
Pabrcia Schmaus(POA)
(�ening Date 07/07/2008
Balance on Date ofDeath $6,809.39
Accrued(nterect $ .00
Totul $6,809.39
2. Type ofAccaunt Savirtgs Account
Accoun[Number 15004216658152
Ownership(Names oJJ M Louise Makibbin
Palricia Schntaus(POA)
Opening Date 08/06/2008
Balance on Date ofDeath $798,793.58
Accrued Interest $ 1.09
Total $198.794.67 .
For any addifional information on Ihe abtive aceounls,including ownereAip and am changes,closures xnd/or reimbUrsement oTfunds,
pieese cali Fhe High Street CArlisle at 7t7-1A6��dS?6.
We wrre unable tn lacate any sefe deposit box for[he abUVe-men[ioned decedenk.
This letter dces not include any accountc in which t6e deceased may have 6een IisMd as Power of Atmrney,('ustodian of Uniform Trans(ers,
Reprpenta6ve Pey¢c,or Trusfee under a W ritken Agreemeni
Sincerely,
Valarie Mercer
Adjustment Services
REVfl ABL� TRUST OF M L(}UIS.� MAI�IBBIN
I, M. Louise Makibbin, of the $orough of Carlisle, Cumberland County, Pennsylvania,
transfer the prop�rty listefl on the annexed schedule ta M. Louise Makibbin,Patricia A. Schmaus,
and Rabert H. Makibbin, Jr. as trustee. Upon my death my trustee shall collect any life insurance
payable to this Crust. All the property and any additions be held IN TRUST as follows:
DITRING MY LIFETIME
I. My�ersonal TmsY: During my lifetirne my trustees shall invest and manage Yhe property as a
separate trust, and make distributions as follows:
A. Payments/Control: As much, even if all, bf khe nek income and principal as I may
from time to time direct in writing shall be paid Eo me or as I may specify. I may direck and controi
the sale, purchase, managementor retention of any investment in which event no trustee shali
review the investment at any time nor be subjecC to liability for acting in accordance with khose
directions.
B. Disabllity:However, if I am, in the opinion of the other trusYees, disabled by illness
or other cause and unable ro manage funds properly as moch of the net incorne and principal as my
trustees mav from time to time as desirable for my welfare, comfort support or emergency needs
shall be paid or applied directly for those pvrposes. My Crustees shall manage any investmenCs I
had conG•olled.
C. Balance: Any rema9ning net income shall from time ta tirne Be accumuIated and
added to principa.l.
AFTER MY I}EATH
IL Family Tnast:After my death my trustees shall invest Che property and make distributians as
foIlows:
A. Death Taxes:All federal,state and other death kaxes payable because of rny death on
any property then heid under this document or on any insurance proceeds ar other death benefits
payable directly to my uustee shall be paid out of the principal of the Famity Trusi. Nane of those
taxes shall be charged against any beneficiary, and no property which would be otherwise exampt
from federal or state death taxes shall be used to pay any death taxes under this article.
B. Residue of Trust: My tzustees shali assign, transfer, and pay ove.r the then
principal of this trust to rny then living issue, per stirpes. At the presenC time I have two (2)
chiidren who are Pairicia A. Schmaus, and Robert H. Makibbin, Jr..
TAX PROVISIONS
III. Generation-Skipping Tax: The primary purpose of this article is to use my federal
generation skipping ("GST") tax exemption (now $i millian}more effectively if my progerty
nlrimately cauld be subject to that t�. I direct that:
A.Divssion of Trusts: Anv trust or addition which otherwise wouid be gartxalIy
exemgt from federal generatian-skipping tax shail be divided fractionally to farm separate trusts so
that my federai generation skipping tax exemption may be allocated exactly to one or more trusts.
The trusts which have been divided shall have the same tenns unless otherwise specified in this
articie but may be administered differently. Any trust or addition may be held as a sepazate trust if
it is not possible to sepazate it into exempt and non-exempt trusts.
B. Power of Appointment to Reduce Tax: The limited powers of appointment
which are exercisable by a will hereunder shall be expanded as follows if certain taxes can be
reduced:
1. A child who has a power of appointment exercisable by his or her will
may, by a will specifically referring to the power of appointment, appoint the ttust
to his or her estate to the extent the aggregate of the federal estate tax and GST tax
due as a result of the child's death can be reduced.
2. Any increase in death taxes in the beneficiary's estate caused by the
inclusion of the trust in it for tas purposes shall be paid out of the unappointed
principal of the trust, and a written statement by his or her personal representative
may be accepted as being correct.
IV. Tax Options: I authorize my trustee to exercise any options available in deternuning and
paying any ta�ces for any trusts under trus document.
V. Power to Disclaim: Any beneficiary under this document (or his or her personal
representative,guazdian or agent acting under a power of attorney)may, at any time and from time
to time, by written instrument release, disclaim or otherwise limit, in whole or in part any power
or interest granted to such beneficiary under this document. The disclaimer need not take effect
immediately and may be contingent upon the occurrence or non-occurrence of any event.
ADMINISTRATIVE PROVISIONS
VL Management Provisions: I authorize my trustee to:
A. Retain/Invest: Retain and invest in any form of real or personal property anywhere
which, in my trustee's opinion, is appropriate for any of my trusts, without being required to
diversify, and to the extent my trustee deems appropriate, consider other trusts or resources in
establishing the investment goals for any of my trusts;
B. Compromise: Compromise claims and abandon any property which, in my
trustee's opinion, is of litde or no value;
C. Borrow: Borrow from anyone, even if the lender is a trustee hereunder, and
pledge property as security for repayment of the funds borrowed;
D. Real Estate: Partition, subdivide or improve real estate and enter into agreements
conceming the partition, subdivision, improvement, zoning or management of any real estate in
which my estate has an interest and impose or extinguish restrictions on any such real estate;
E. SelULease: Sell at public or private sale, exchange, lease or lend for any period of
time, any real or personal property, and give options for sales or leases;
F. Loan/Purchase: Make loans to, and buy property from, my executors or
administrators;
G. Capital Changes: 7c�in in any merger, retrrganizaCian, voting-trusC plan or aCher
concerted action of security holders, and delegate discretionary duties with respect thereto;
H. Disclaim: Disclaimall or a portion af any retirement plan benefits payable to my
trustee ar to a trust under this docurnent;
I. Allocate: Allocate any praperty received or charge incurred to principal or
income or partly ko each, as my uustee may think reasonably appropriate;
J. Divide: Divide fractionaily any trust into two or more saparate trusts for tax,
accounting or other reasons;
K. Merge: Merge two ar more trusts under this doeument cantaining identical
provisians and tax attributes;
L. C�rmbine: FIald two or more trusts herennder as a comhined fund (allocating
ratably ko those 1:rusts all receipts from and expenses of, the combined fund) for convenience in
investment and administration;pravided that any cambination of trusts for this purpase shali not
alter their status as sepazate trusu; and
M. Distribute: Distribute in cash or in kind or parCly in each.
The powers, auiharities and discretion given under this dacument shall 6e in addition ta those
granted by law, shall cantinue until the distribution of the property, and shall be exercisable
without court authorization.
Vff. Payments to Aid in Settlemant of Esiate: My trustee shall pay the balance of any cash gifts
under my will which cannot be paid from my probate estate. A written statement by my persanal
xepresentative of ihe ampunt payable may 6e accepted as being correct. My trustee shall have the
power, but not the dnty, ta make payments which my tsustee may think dasirable to facilitate the
setdement of my estate. In the exercise af this power my trustee may pay, directly or to my
executor or administratar, any or all of (1) my debts, (2) the expenses of rny funeral and burial,
and{3)death t�es and adrninisuation expenses in connection with my estata.
VIII. Exercise of Discretion:Where rny krustee is given discretion under this document I direct
ihat:
A. Shares of Beneficiaries: In the administration of a sprinkle trust ane or more
of the eligible distributees may be wholly excluded from any or al] periodic distributions; all
distributees need not be treated equaily ar proportionately,the pattern followed in one distribution
need nat be followed in others; and incame may be accumulated to whatever extent and in
whatever amounts my trtts[ee may think appropriate.
B.Other Resaurces: In making decisions on distributions, my trustee may take
into accaunt funds available to the beneficiary frorn other sources Ca whatever extent my trustee
thinks appropriatc.
C. Conciusive Upon Aii Parties: Any discretion under this document - if
exercised or not exercised in good faith - shall ba conclasive uppn all persons cancerned. My
trustee shall have no fiuther responsibiIity over funds paid or apglied using this standard af care.
IX. Benefici�uies Under 21 or Disabled: If any beneficiary becomes entitled to an outright
distribution of income or principal and is (1) under the age of 21 or (2) in my trustee's opinion,
disabled by illness or other cause and unable to manage the funds properly:
A. Payments:As much of the income or principal as my Crustee may from time to time
think desirable for that beneficiary shall be paid to or for the beneficiary. Payments may be made
to any person or organization taking caze of the beneficiary.
B. Balance: The balance of the income and principal - and the net income from
those funds - shall be managed as a sepazate trust for that beneficiary.Funds shall be paid to or for
the beneficiary in accordance with the provisions of the preceding paragraph. When the beneficiary
reaches 21 years of age or, in my trustee's opinion, becomes free of disability,as the case may be,
the then remaining balance shall be paid to the beneficiary. If the beneficiary dies before that time,
the balance shall be paid to his or 6er personal representative.
X. Eazly Ending of Trusts: If my trustee determines that it is desirable to do so, my trustee may
end any trust under this document in the following manner:
A. Method:My trustee may end any trust 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
person, to them in the proportions which my trustee thinks appropriate. Altematively, any
payment may be made to any trust which my trustee believes will be more appropriate, even
though there may be other beneficiaries.
B.Disabled Persons: If any person is a minor or, in my trustee's opinion,
disabled by illness or other cause and unable to manage the funds properly, my trustee may pay
the funds to the person's pazent, legal representative or any person or organization taking caze of
the person. If a person is a minor, my trustee may deposit the funds in a savings account in the
minor's name and payable to the minor at majonty, or appoint and pay the funds to a
custodian for the minor under the Uniform Gifts or Transfers to Minors Act of any state.
XI. Rights To Income: If a trust is funded from a lazger trust or share, it shall be entided to
proportionate amount of the incorne from the time the trust is to begin until the actual funding.
During that period income and principal may be distributed direcdy to the beneficiaries,subject to
the terms of the trust. All income undistributed at a beneficiary's death shall be ueated as if it had
accrued afrer his or her death.
XII. Protective Provision: To the greatest extent permitted by law, before actual payment to a
beneficiary or to his or her account no interest in income or principal shall be assignable by a
beneficiary or available to anyone having a claim against a beneficiary.
XIII. Insurance Policies: My trustee shall have no duty to pay premiums on any insurance
policies payable to my trustee, and the companies issuing the policies shall have no responsibility
for the application of the proceeds or the fulfillment of the trust.
XIV. Situs and Governing Law: The situs of the trusts under this document shall be in
Pennsylvania. All questions as to the validity, effect, or interpretation of this document or the
administration of the trusts shall be govemed by the law of Pennsylvania.
XV. Accounting:At least quarterly my trustee shall send the beneficiazies who receive income
currently or their legai representatives statements showing the transactions in their trusts. No
accounting shall be required routinely by a court but my trustee and any beneficiary shall be
entitled at any time to seek a judicial setUement of a trust account in any court of competent
jurisdiction selected by my trustee. Also:
A. Out of Court Settlement: My trustee may at any time settle any account or
question concerning the administration of a trust by agreement with al] the then legally competent
beneficiazies who are eligible to receive income and - if there are any- either (i) with all their then
legally competent living descendants or (2) with all the legally competent persons whom my
trustee deternunes would be entided to receive a shaze of the principal if all the beneficiaries who
are eligible to receive income had died immediately prior to the date of the agreement(disregarding
powers of appointment). However,
1. If my trustee determines that there is no legally competent person to
make an agreement, then the agreement may be made by the legal
representative, legally competent spouse or oldest legally competent relative of the
closest degree of each person specified above; and
2. If an addition is made by will or from another trust, my trustee may
accept the statement of the fiduciary that the property delivered to my trustee
constitutes all the property to which my trustee is entided.My trustee shall have no
duty to require the fiduciary to state an accounting of his, her or its administration
or to inquire into any action of the fiduciary, and only shall be responsible for the
property which my trustee receives.
B.Effect: Any settlementunder the above paragraph shall bind all persons who may
ever be interested in the trust, and shall effectively release and dischazge MY trustee.
XVI. Additions: I and, with my trustee's approval, anyone else may add to any of the trusts.
However, my trustee shall have the right to refuse any addition which my trustee believes wouid
put my trustee at risk individually,such as environmentally contaminated property. If any addition
- including one from a trust to another trust under this document- does not have the same GST tax
inclusion ratio as the trust to which it otherwise would be added, it shall instead be held in a
sepazate trust with identical terms as that trust.
XVII. Rights Reserved: I reserve the following rights, each of which may be exercised
whenever and as often as I may wish:
A. As to Insurance: All rights vested in me as the owner of any insurance
policies payable to my trustee.
B. As to Revoking this Trust:The right by an instrument in writing- other than a will-
to revoke or amend part or all of any trust. However, no alteration shall increase my trustee's
responsibilities or change my trustee's compensation without my trustee's written consent.
FIDUCIARIES
XVIIL Duties and Responsibilities of Trustees.
A. Division of Duties/Delegation: Until further notice given to my other trustees, I
shall be custodian of all the securities in my estate, and shall maintain the records.
B. Disagreement:If my triistees should disagree as to the sale, purchase, management
or retention of an investment, my decision as trustee shall control so long as I continue to act as
trustee. If at any time I cease acting as trustee, then my other trustees shall only make decisions on
which they are both in agreement.
C. Disability:If any individual trustee, including myselP, in the opinion of the other
crustaes, is disabled by illness pr other cause and unabie ta praperly serve as trustee, the ather
trustee or tnistees may act alone during thaT period. However, the other trustees first shali notify
the trustee in writing at the uustee's last known address.
I}. Plural: Except as stated above, the words "my trnstee" shall rnean aI] my
krustees Chen acting.
E. Conflicts of Interest: It shail nat be deemed a con#lict of interest if any of n�y
trustees has an interest in the trust herein created. To the contrary,I do hereby acknowledge that
a11 of the trustees which T have selected do have an interest in the trusf.
F. Resignation: Any trustee rnay resign at any time withaut court appraval by
written instrument delivered to the trustees and to the individuals who could approva an account
under the Accounting article of th3s document.
G. Snccessor Tndividual Trustae Appointment: Each individual trustee shall have the
power by writing delivered to the other trustees during his or her lifatime or by will ta appoint his
or her successor for such termas he ar she shall specify. In default of agpointment a majority af
my then living descendants who have legal capacity and who are beneficiaries of the
particular trust shall have that righk.
H. Successor Ttvstee LiabiIiry: No successor uustee shalI be obliged to examine the
accounts,records and acts of the previous trustee ar trustees, nor shall such successor in any way
be responsible for any act or failure to act an the part of the previous trustee or trustees, The
successor trustee shall Ue responszble only for the assets which have been actually delivered to it.
L Bond: No trustee shall be required to give bond or security in azty jurisdiction.
L Compensation: No individua] trustee who is a beneficiary of this trust under this
document shall receive compensaGOn.
Dated t( �Z 2 1496 ,
d" a ��(I��-2.,f...�
M L�se Makibbin
Witness:
1��.r`"�---�L`—
_
State of Pennsylvania
}ss.
Counry of Cumberla/nd
On this, the �L�rday of November, 1996 before me, the undersigned officer, personally
appeared M. Louise Makibbin,
known to me (or satisfactarily proven) to be the person whose name is subscribed to the
within instrument, and acknowledged that she executed the same for the purposes
Zherein eontained.
IN WITNESS WHEREOF, I hereunto set my hand and official seal.
�__._
_ _ �_ __(SEA )
,
NOTARiAL SEAL "
N08EPT G. FREy, NOi4pY ppBL;C �
CkRL15lE.CUMSENL4NL'CO!�,NTY. vk
MY CAMMISSi9N ENFt'r.E.c�I:A;c.7. i^9v r
The foregoing trust was delivered, and is hereby accepte , in`ISennsyIvariia, on November
1996.
� � . �" �n �� r
1/%, dT f%i1.��r . V'���� a ��LMn..�
M. Lotuse Makibbin
��i,��..�.��: ,�� ,�
Patricia A. Schmaus
��-��.��. ,.
obert H. Makibbin, Jr.
SCHEDULE OF PROPERTY REFERRED TO IN THE
ANNEXED TRUST
Dated November , 1996.
From
M. Louise Makibbin, Trustor
To
M. Louise Makibbin, Patricia A. Schmaus, and Robert H. Makibbin, Jr.,
Trustees
1. All that certain lot of ground with the improvements thereon erected situate in the
Borough of Cazlisle, Cumberland County, Pennsylvania,known as and numbered 53 East North
Street.
2. Checking Account No. with Mellon Bank, N.A.
3. Savings Account No. with Mellon Bank, N.A.
4. 43 shazes of Pennsyivania lnsured Municipal Income Unit Tmst Series 217.
5. 15,000 shazes of Lehigh County Pennsylvania General Purpose Authority Revenues
Hospital - Lehigh Valley Hospital - Series B, Due July l, 2025.
6. 146389 shues of Lord Abbett Tax-Free Income Trust.
7. 42 shazes of Insured Municipals Income Trust Series 369.
8. 4100 shazes of common stock of Sprint Corp. Shaze certificate 189363.
9. 1366 shares of common stock of 360 Communications. Shaze certificate 52897.
]0.2600 shazes of Pennsylvania Power and Light Company. Shaze certificate CN260040.
11. I473 shazes of PNC Bank Corp.. Shaze certificate CPT256166.
12.A.A.L. money market account no. 3642536.
_ __
FIRST AMENDMENT TO REVOCABLE TRUST
OF M.LOUISE MAKIBBIN
DATED NOVEMBER 22,1996
I, M. LOUISE MAKIBBIN, widow, of the Borough of Carlisle, Cumbedand County,
Pennsylvania, Settlor of the above-cap[ioned Trus[,in accordance with Article XVII do hereby
change Article II.B by rewking the same in its en[irety,and substitute[herefore the following:
II.B. Residue of Tmst My trustees shall assigq transfer and pay over the then principal of
this trust and;my accrued and undistributed income as follows:
1. One half ao my daughteq Patricia A.Schmaus,her heirs and assigns,per stirpes.
2. One quarter to my son,Robert H.Makibbin,Jr.,his heirs and assigns,per sticpes.
3. One quarter to be divided evenly between [he children of my son, Robert H.
Makibbin,Ir.,their heirs and assigns,per sdrpes The said children of my son now living are Sally
Dumas,9191 109th Avr.nue N.,Iargo,Florida 33543,and Steven Makibbin,4713 Alamo,Wichita
Falls,Texas 76302.
I all other respects,[he Revocable Trust da[ed November 22, 1996 shall remain unchanged
and in full force and effect as stated therein.
IN WITNESS WHEREOF, I have hereunto set my hand and seal to this First
Amendment to my Revceable Trust written on one(1) page this 9th day of Mazch,2001.
%7'I `�o`� \^1 C Qa P p ' (SEAL)
M Louise Makibbin
Wim s:
_I�CI��\\� .
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