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HomeMy WebLinkAbout12-12-13 1505610140 f� REV-1500 -Ex OMCIAL USE ONLY PA Department or Revenue I Bureau of Individual Texas INHERITANCE TAX RETURN CaMy1'bde rear File Number PO BOX 280801 l Harrisburg,PA 17128-0801 RESIDENT DECEDENT 2 1 1 3 0 3 6 7 ENTER DECEDENT INFORMATION BELOW Social Security Number Date of Death MMDDYYYY Date of Birth MoDDYYYY 0 3 2 1 2 0 1 3 1 1 0 2 1 9 2 3 Decedents Last Name SuNM Decedents First Name MI B R E T Z M A R T I N F t (If Applicable)Enter Surviving Spouse's information Below Spouse's lest Name Suffix Spouses 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(Dote of Death Prior to 12-1382) ❑ 4.Limited Estsle ❑ 48,Future Interest Compromise(date of ❑ 5.Federal Estate Tax Return Requbsd death after 12.12-82) ® 8.Decedent Died Taoists ® 7.Decedent Maintained a Living Trust 0 S.Total Number of Safe Deposit Boma (Attach Copy of Will) (Attach Copy of Trust.) ❑ 9.Litigation Proceeds Received © 10.Spousal Poverty Credit(Date of Death ❑ 11.Election to Tax under Sec.9113(A) } Between 12-3141 and 1-1.95) (Attach Schedule O) CORRESPONDENT-THIS SECTION MUST BE CONpLETED.ALL CORREVOMOENCE AND CONFIDENTIAL TAX INFORMATION SHOULD BE DIRECTEDTO: Name Daytime Telephone Numbxr(-.,, J 0 H N A L A U E R 8 1 4807 0 <Z7 :1 RewSYe 770 WILLS USE ONL& n z n y r _t � zm ry T First Line of Address r X 1 0 0 S T A T E S T R E E T n r> - Second Line of Address ,•., c,: :c c • ,xa r-� r= S U I T E 7 0 0 + r City or Post Office State AP Code I DATE FA.EO• In E R I E P A 1 6 5 0 7 1 4 5 9 ! Correspondent's email address: MAUER60TUB.COM (� Under perames of pedury,I declare that I have exornhod ads ream,Irrdud V acoomparrylrq stlredcles and stetomenla,and to the baste my Iama'ledge and beW, mbtrue,domedantonaple Declaration of propwar other Man the Personal ropreee AROM it booed anaebdamaacno fwitchpreperrrhasartyknowledge. SICMTURE OF P N R NSIBLE FOR FILING RETURN DA f ADDRESS PHEASANT VIEW DRIVE DILLSBURG PA 170198843 RO TUREO IP OTNERTMNREPRESENTATNE 33 1M STATE STREET, SUITE 700 ERIE PA 16 071459 PLEASE USE ORIGINAL FORM ONLY Side 1 L 1505610140 1505610140 Q`� J 1505610240 REV-1500 EX(FI) Decedent's Social Security Number Decedents Name: MARTIN F. BRETZ RECAPITULATION 1. Real Estate(Schedule A) ..... ... . .... . . ... ....... .. . .... .. .. .... .. . 1. 0 • 0 0 2. Stocks and Bonds(Schedule B) . .. . ... . . . ... ..... ..... .. .. .. .. .. .. .. . 2. 4 7 9 8 7 . 5 2 3. Closely Held Corporation,Partnership or Sole-Proprietorship(Schedule C) .. .. . 3. 0 . 0 0 4. Mortgages and Notes Receivable(Schedule D) ... ........ .. .. .... .... .. . 4. ❑ • 0 0 5. Cash,Bank Deposits and Miscellaneous Personal Property(Schedule E).... .. . 5. 3 7 4 2 1 . 8 5 6. Jointly Owned Property(Schedule F) ❑ Separate Billing Requested .... .. . 6. 0 • ❑ ❑ 7. Inter-Vivos Transfers&Miscellaneous N913-Probate Property (Schedule G) Separate Billing Requested . . .. ... 7. 0 . 0 ❑ 8. Total Gross Assets(total Lines 1 through 7) ..... .. . ... .. .. .. ....... .. . 8. 8 5 4 0 9 . 3 7 9. Funeral Expenses and Administrative Costs(Schedule H) .. .. .... ....... .. . 9. 5 1 9 0 . ❑ 0 10. Debts of Decedent,Mortgage Liabilities, and Liens(Schedule 1) .... ....... . . 10. 9 3 3 . 6 7 11. Total Deductions(total Lines 9 and 10) .. ... .......... .. . .... .. ...... . 11. 6 1 2 3 . 6 7 12. Net Value of Estate(Line 8 minus Line 11) ... ............ ...... ... ... . 12. 7 9 2 8 5 . 7 0 13. Charitable and Governmental Bequests/Sec 9113 Trusts for which an election to tax has not been made(Schedule J) .. ....... .. .... .... ... 13. 0 . ❑ 0 14. Net Value Subject to Tax(Line 12 minus Line 13) .. ... .... ... ....... . . . 14. 7 9 2 8 5 . 7 �0 TAX CALCULATION-SEE INSTRUCTIONS FOR APPLICABLE RATES 15. Amount of Line 14 taxable at the spousal tax rate,or transfers under Sec.9116 (a)(1.2)X.00 0 . 0 0 15. 0 . ❑ ❑ 16. Amount of Line 14 taxable at lineal rate X.045 7 9 2 8 5 . 7 0 16. 3 5 6 7 . 8 6 17. Amount of Line 14 taxable at sibling rate X.12 0 . ❑ 0 17. 11 . 0 0 18. Amount of Line 14 taxable at collateral rate X.15 0 . ❑ ❑ 18. 0 . 0 0 19. TAX DUE ... . . .. . .. ... ..... . .. . . . . .. . .... .. . .. ..... ..... ... . . ...19. 3 5 6 7 . 8 6 20. FILL IN THE OVAL IF YOU ARE REQUESTING A REFUND OF AN OVERPAYMENT Side 2 1505610240 1505610240 REV-1500 EX(F0 Page 3 File Number Decedent's Complete Address: 21 13 0367 DECEDENTS NAME MARTIN F. BRETZ STREET ADDRESS 20 North 12th Street,Apt. 125 CITY STATE ZIP Lemoyne PA 17043-1449 Tax Payments and Credits: I. Tax Due(Page 2,Line 19) (1) 3,567.86 Z Credits/Payments A.Prior Payments 3,400.00 S.Discount 178.39 Total Credits(A+B) (2) 3,578.39 3, Interest 4. If Line 2 is greater than Line 1 +Line 3,enter the difference.This is the OVERPAYMENT. (3) Fill in oval on Page 2,Line 20 to request a refund. (4) 10.53 5. If Line 1 +Line 3 is greater than Line 2,enter the difference.This is the TAX DUE. (5) 0.00 Make check payable to: REGISTER OF WILLS, AGENT PLEASE ANSWER THE FOLLOWING QUESTIONS BY PLACING AN "X" IN THE APPROPRIATE BLOCKS 1. Did decedent make a transfer and: Yes No a. retain the use or income of the property transferred ...................................................................... ❑ ❑X b. retain the right to designate who shall use the property transferred or its income ............................... ❑ X❑ .c. retain a reversionary interest ..................................................................................................... ❑ M d. receive the promise for life of either payments,benefits or care? ....................................................... ❑ X❑ 2. If death occurred after December 12,1982,did decedent transfer property within one year of death without receiving adequate consideration? ....................................................................................... ❑ X❑ 3. Did decedent own an"in trust for"or payable-upon-death bank account or security at his or her death? ......... ❑ Q 4. Did decedent own an individual retirement account,annuity or other non-probate property,which contains a beneficiary designation?.................................................................................................. ❑ IF THE ANSWER TO ANY OF THE ABOVE QUESTIONS IS YES,YOU MUST COMPLETE SCHEDULE G AND FILE IT AS PART OF THE RETURN. For dates of death on or after July 1, 1994,and before Jan. 1, 1995,the tax rate imposed on the net value of transfers to or for the use of the surviving spouse is is 3 percent[72 P.S.§9116(a)(1.1)(i)]. For dates of death on or after Jan. 1, 1995,the tax rate imposed on the net value of transfers to or for the use of the surviving spouse is 0 percent :[72 P.S.§9116(a)(1.1)(ii)).The statute does not exempt a transfer to a surviving spouse from tax,and the statutory requirements for disclosure of assets and filing a tax return are still applicable even if the surviving spouse is the only beneficiary. For dates of death on or after July 1,2000: • The tax rate imposed on the net value of transfers from a deceased child 21 years of age or younger at death to or for the use of a natural parent, an adoptive parent or a stepparent of the child is 0 percent[72 P.S.§9116(a)(1.2)]. • The tax rate imposed on the net value of transfers to or for the use of the decedents lineal beneficiaries is 4.5 percent,except as noted in F2 P.S.§9116(a)(1)]. • The tax rate imposed on the net value of transfers to or for the use of the decedents 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 adopfion. �I REV-1503 EX+(8-12) pennsyivania SCHEDULE B DEPARTMENT OF REVENUE INHERITANCE AX RETURN STOCKS & BONDS RESIDENT DECEDENT ESTATE OF FILE NUMBER MARTIN F.BRETZ 21 13 0367 All property jointly owned with right of survivorship must be disclosed on Schedule F. ITEM VALUE AT DATE NUMBER DESCRIPTION OF DEATH 1. 415.712 shares of GE S& U.S.Equity Fund(GESSX)held in GE Mutual Funds 20,203.60 Account No.097/2001392923 at$48.60 per share 2. 2,374.79 shares of S&S Income Fund held in GE Mutual Funds Account No.098/2001392923 at 27,73755 $11.68 per share 3. Accrued dividend on item 2 of$0.02(rounded)per share and paid on 3/28/13 46.37 TOTAL(Also enter on Line 2,Recapitulation) $ 47 987.52 If more space is needed,insert additional sheets of the same size REV-4548 EX+(08-12) pennsyivania SCHEDULE E DEPARTMENT OF REVENUE CASH, BANK DEPOSITS &MISC. EDENTn�RSiEN o CDENT PERSONAL PROPERTY ESTATE OF: FILE NUMBER: MARTIN F.BRETZ 21 13 0367 Include the proceeds of litigation and the date the proceeds were received by the estate. All property Jointly owned with right of survivorship must be disclosed on Schedule F. ITEM VALUE AT DATE NUMBER DESCRIPTION OF DEATH 1. Genworth Life Insurance Company-refund 11.15 2. Liberty Mutual Insurance-refund 93.00 3. Hoffman-Roth Funeral Home and Crematory,Inc.-refund 99.91 4, National Guardian-refund of funeral trust 3,050.10 5. First National Bank Demand Deposit Account No.659702380 33,997.56 6. Accrued interest on Item 5 0.13 7. United States Treasury-refund from 2013 taxes 170.00 TOTAL(Also enter on Line 5,Recapitulation) $ 37 421.85 If more space is needed,use additional sheets of paper of the same size. REV-1510 Ex+(08-De) pennsylvanla SCHEDULE G DEPARTMENT OF REVENUE INTER-VIVOS TRANSFERS AND INHERITANCE TAX RETURN MISC. NON-PROBATE PROPERTY RESIDENT DECEDENT ESTATE OF FILE NUMBER MARTIN F.BRETZ 21 13 0367 This schedule must be completed and filed if the answer to any of questions 1 through 4 on page three of the REV-1500 Is yes. DESCRIPTION OF PROPERTY ITEM WaUDE THE NAME OF THE TRANSFEREE TtBRREU'naNStePTOOECEOENraw DATE OF DEATH %OFDECD'S EXCLUSION TAXABLE NUMBER THEDATEOF TRANSFER.ATTACNACOPrOFTNE DEED FOR REAL ESTATE VALUEOFASSET INTEREST VALUE 1. FOR INFORMATIONAL PURPOSES ONLY: 0.00 0.00 On April 8,2011,the decedent created the Bretz Family Irrevocable Trust.The Trustees of the Trust are the decedent's children,Beverly A.Yaiko,Marta B.Foltz,and Carrie Lee Clarke. The beneficiaries of the Trust are decedent's children,Beverly A. Yaiko,Marta B.Foltz,and Came Lee Clarke. The decedent did not have any right to income and/or principal of the Trust and did not receive any benefits from this Trust;therefore,the Trust is not a taxable part of the decedent's estate.A copy of the Trust is attached as Exhibit G-1. TOTAL Also enter on Line 7,Recapitulation) $ 0.00 If more space is needed,use additional sheets of paper of the same size. REV-1511 EX+(10-09) pennsylvania SCHEDULE H DEPARTMENT OF REVENUE FUNERAL EXPENSES AND RESIDENT RETURN ADMINISTRATIVE COSTS RESIDEM DECEDENT ESTATE OF FILE NUMBER MARTIN F.BRETZ 21 13 0367 Decedent's debts must be reported on Schedule I. ITEM NUMBER DESCRIPTION AMOUNT A. FUNERAL EXPENSES: 1. Immanuel Lutheran Church-memorial service 100.00 B. ADMINISTRATIVE COSTS: 1. Personal Representative Commissions: Name(s)of Personal Representative(s) Carrie Lee Clarke 0.00 Street Address 7 Pheasant View Drive City Dillsburg State PA ZIP 17019-8843 Years)Commission Paid: 2, Attorney Fees: MacDonald,Illig,Jones&Britton LLP 4,250.00 3. Famity Exemption:(If decedents address is not the same as claimants,attach explanation.) 0.00 Claimant none Street Address City State ZIP Relationship of Claimant to Decedent 4. Probate Fees: Cumberland County Register of Wills and Clerk of the Orphans'Court 365.00 6 Accountant Fees: Mark Simpson,CPA 350.00 6. Tax Return Preparer Fees: 0.00 7. Copies,faxes,postage,and long distance telephone calls 75.00 8. Carrie Clarke-reimbursement for estate expenses 50.00 TOTAL(Also enter on Line 9,Recapitulation) 8 5,190.00 If more space is needed,use additional sheets of paper of the same size. REV-1512 EX+(12-12) pennsylvania SCHEDULE I DEPARTMENT OF REVENUE DEBTS OF DECEDENT, INHERITANCE TAX RETURN MORTGAGE LIABILITIES&LIENS RESIDENT DECEDENT ESTATE OF FILE NUMBER MARTIN F. BRETZ 21 13 0367 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. GE Capital Credit Card-account due 80.00 2. Lowell Gares,Esq. -account due 72.00 3. Discover credit card-account due 23.67 4. Essex House-account due 683.00 5. EMS-account due 25.00 6. Pinnacle Hospital-account due 50.00 TOTAL(Also enter on Line 10,Recapitulation) $ 933.67 If more space is needed,insert additional sheets of the same size. REV-1513 EX-(01-10) pennsylvania SCHEDULE J DEPARTMENT OF REVENUE BENEFICIARIES INHERITANCE TAX RETURN RESIDENT DECEDENT ESTATE OF: FILE NUMBER: MARTIN F.BRETZ 21 13 0367 RELATIONSHIP TO DECEDENT AMOUNT OR SHARE NUMBER NAME AND ADDRESS OF PERSON(S)RECEIVING PROPERTY Do Not List Trustee(s) OF ESTATE I TAXABLE DISTRIBUTIONS pndude outrpht spousal distributions and transfers under Sec.91 i6(a)(12).) 1. Beverly A. Yaiko Lineal 26,428.57 9437 Reagan Road,Clymer,NY 14724-9504 2. Marta B. Foltz Lineal 26,428.57 455 Bernheisel Bridge Road,Carlisle,PA 17015-9025 3. Carrie Lee Clarke Lineal 26,428.56 7 Pheasant View Drive,Dillsburg,PA 17019-8843 ENTER DOLLAR AMOUNTS FOR DISTRIBUTIONS SHOWN ABOVE ON LINES 15 THROUGH 18 OF REV-1500 COVER SHEET,AS APPROPRIATE, IL NON-TAXABLE DISTRIBUTIONS: A.SPOUSAL DISTRIBUTIONS UNDER SECTION 9113 FOR WHICH AN ELECTION TO TAX IS NOT TAKEN: 1. None 0.00 B.CHARITABLE AND GOVERNMENTAL DISTRIBUTIONS: 1. None 0.00 TOTAL OF PART 11-ENTER TOTAL NON-TAXABLE DISTRIBUTIONS ON LINE 13 OF REV-1500 COVER SHEET. E 0.00 If more space is needed,use additional sheets of paper of the same size. TABLE OF CONTENTS Name of Decedent: Martin F. Bretz Pennsylvania Department of Revenue #21-13-0367 Date of Death: 03/21/2013 Social Security #297-14-3399 1. Martin F. Bretz Last Will and Testament dated September 28, 2006. 2. Pennsylvania Inheritance and Estate Tax Official Receipt No. CD017757. 3. Schedule G, Item G-1: The Bretz Family Irrevocable Trust dated April 8, 2011. 1375371 LAST WILL AND TESTAMENT OF MARTIN F. BRETZ I, MARTIN F.BRETZ,of Erie County, Pennsylvania,being of sound mind and memory, declare this to be my Last Will and Testament. FIRST: I direct that my legal debts and expenses of my last illness and funeral be paid out of my estate as soon as may be convenient after my death. SECOND: I direct my Executrix to distribute my tangible personal property in accordance with a writing signed by me, which writing may be made and changed from time to time by me after the execution of this Will. I give all such property not effectively disposed of by me by the terms of such writing to such of my daughters, BEVERLY ANN YAIKO, MARTA J. FOLTZ, and CARRIE LEE CLARKE, who are living at the time of my death, to be distributed among them as they shall mutually agree and in the absence of such agreement as my Executrix alone shall determine making such distribution in as nearly equal shares as possible. Any personal property distributable to a minor may be delivered to the person with whom the minor resides or such other person who may have custody of the person of the minor, without the intervention of a Guardian. The receipt of any such person shall be a full acquittance of my Executrix as to such distribution. All expenses, including storage and insurance, incurred for the delivery and distribution of my tangible personal property to the persons or parties entitled thereto shall be administrative expenses of my estate. THIRD: I give and devise the residue of my estate to my daughters, BEVERLY ANN YAIKO,MARTA J. FOLTZ, and CARRIE LEE CLARK.E, or to the then living issue per stirpes of any daughter of mine who does not survive me. FOURTH: I authorize my Executrix to sell any and all real estate which I may own at the time of my death, at public or private sale, for such prices and upon such terms as my Executrix believes advisable. My Executrix is authorized to make, execute,and deliver any deed or deeds therefor, conveying title thereto in fee simple absolute or for any lesser estate to any purchaser or purchasers. FIFTH: I authorize my Executrix to make distribution of my estate in kind or in cash, or partly in kind and partly in cash,as my Executrix shall believe advisable. SIXTH: All death taxes payable because of my death, whether on property passing under this Will or otherwise, shall be paid from my residuary estate, without apportionment or right of reimbursement. I . SEVENTH: I appoint my daughter, BEVERLY ANN YAIKO, Executrix of this, my Last Will and Testament. Should BEVERLY decline or for any reason be unable to so serve or continue to serve, then I appoint my daughter, CARRIE LEE CLARKE,Executrix. If CAR.RIE should likewise decline or for any reason be unable to so serve or continue to serve, then I appoint my daughter,MARTA J. FOLTZ,Executrix. EIGHTH: No fiduciary appointed in this Will shall be required to post bond or any security in any jurisdiction in which such fiduciary shall be required to serve. IN WITNESS WHEREOF, I have hereunto set my hand and seal this 28th day of September 2006. F (SEAL) Martin F. Bretz Signed, sealed, published, and declared by the above-named Testator, MARTIN F. BRETZ, to be 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 signed our names as witnesses. 100 State Street, Suite 700 Witness Erie,Pennsylvania 16507-1459 100 State Street, Suite 700 Witness Erie,Pennsylvania 16507-1459 976998 i i i i -2- COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF REVENUE BUREAU OF INDIVIDUAL TAXES DEPT-260601 HARRISBURG:PA 1712BA601 PENNSYLVANIA RECEIVED FROM: INHERITANCE AND ESTATE TAX OFFICIAL RECEIPT NO CD 01 7757 CLARKE CARRIE LEE 7 PHEASANT VIEW DR DILLSBURG, PA 17019 ACN ASSESSMENT AMOUNT CONTROL NUMBER 101 ( $3,400.00 ESTATE INFORMATION: SSN: 297.14-3399 FILE NUMBER: 2113-0367 } DECEDENT NAME: BRETZ MARTIN F i DATE OF PAYMENT: 06/17/2013 i POSTMARK DATE: 06/17/2013 i COUNTY: CUMBERLAND i DATE OF DEATH- 03/21/2013 i TOTAL AMOUNT PAID: $3,400.00 REMARKS: CHECK# 108 INITIALS: DMB SEAL RECEIVED BY: GLENDA FARNER STRASBAUGH REGISTER OF WILLS TAXPAYER Y i THE BRETZ FAMILY TRUST THIS TRUST AGREEMENT is executed in triplicate on this 6 day of April,2011,by and between MARTIN F.BRETZ,now of 20 North Twelfth Street,Lemoyne,Cumberland County, Pennsylvania,17043(hereinaftercalled"Settlor")and BEVERLY A.YAIKO,now of9437 Reagan Road,Clymer,Chautauqua County,New York,14724;MARTA B.FOLTZ,now of 455 Bemheisel Bridge Road,Carlisle,Cumberland County,Pennsylvania, 17015;and,CARRIE LEE CLARKS, now of 7 Pheasant View Drive,Dillsburg,York County,Pennsylvania, 17019(together,hereinafter called "Trustees"or"Co-Trustees"). The Settlor, Martin F. Bretz, signed and executed the Martin F. Bretz Revocable Trust Agreement dated August 13,1987 naming PNC Bank,N.A.as Trustee("the Revocable Trust''). The Revocable Trust was later amended by Amendment No. 1 dated March 21, 1994, and again by AmendmentNo.2 dated September 14,2006,which amongotherthings removed PNC Bank,N.A. as Trustee and named Martin F.Bretz as Trustee. Under the terms of the Revocable Trust, Martin F.Bretz reserved the right to revoke,alter and amend the Revocable Trust. Pursuant to the authority contained in the Revocable Trust,Martin F.Bretz hereby transfers all principal and accrued income from the Revocable Trust to this Trust which will be known as"The Bretz Family Trust"dated April 8,2011. By so doing,Martin F.Bretz hereby terminates and re-states in its entirety the Prior Trust as provided in this Trust. ARTICLE L TRUST ESTATE 1.01. Initial PrinsW Settlor, desiring to establish an irrevocable trust, does hereby irrevocably transfer,assign and deliver to the Trustees and their successors and assigns the assets listed on Schedule A, attached hereto and made a part hereof. As further evidence of such assignment,the Settlor has executed or will execute or cause to be executed such other instruments as may be required for the purposes of completing the assignment or transfer oftitle to such property to the Trustees. The Trustees accept such transfer and assignment to themselves as Trustees, and undertake to hold,manage,invest and reinvest the assets of this Trust,and to distribute the income and principal of the Trust in accordance with the provisions of this Agreement. 1.02. Additional PriaeiDal The Settlor and any other person or persons,with the consent of the Trustees,shall have the right at any time to make additions to the corpus of this Trust or any share thereof hereby established. All such additions shall be held,governed,and distributed by the Trustees in accordance with the terms and conditions of this Agreement. The Trustees,in their sole discretion,may require, as a prerequisite to accepting property,that the transferring party provide evidence satisfactory to the Trustees that(i)the property is not contaminated by any hazardous or toxic materials or substances;and(ii)the property is not being used and has never been EXNtB1F COPY activities directly or indirectly involving the generation,use,treatment,storage,disposal,release or discharge of any hazardous or toxic materials or substances. 1.03. Disclaimer. The Trustees shall have the right to disclaim,in whole or in part, prior to its acceptance by the Trustees,any interests in property for any reason,including but not limited to a concern that such property could cause potential liability under any federal, state, or local environmental law. ARTICLE II. IRREVOCABILITY OF TRUST 2.01. Irrevocability. Settlor has been advised of the consequences of an irrevocable trust and hereby declares that this Trust shall be irrevocable and shall not be altered, amended,revoked, or terminated by Settlor or any other person or persons. ARTICLE III. LIFE INSURANCE POLICIES 3.01. General Provisions. If any insurance policies are transferred into this Trust, the Trustees shall be vested with all right, title, and interest in and to the transferred policies of insurance, and are authorized and empowered to exercise and enjoy, for the purposes of the Trust herein created and as absolute owners of such policies of insurance,all the options,benefits, rights and privileges under such policies,including the right to borrow upon and to pledge them for a loan or loans. The Trustees take all rights,title,and interest in and to the above-stated insurance policies subject to any prior split-dollar life insurance agreement and assignments, which may be in effect at the time of transfer. The insurance companies which have issued policies are hereby authorized and directed to recognize the Trustees as absolute owner of such policies of insurance and as fully entitled to all options,rights,privileges,and interests under such policies,and any receipts,releases, and other instruments executed by the Trustees in connection with such policies shall be binding upon all persons interested in this Trust. The Settlor hereby relinquishes all rights,title,interest and powers in such policies of insurance which Settlor may own and which rights, title, interest and powers are not assignable, and will, at the request of the Trustees, execute all other instruments reasonably required to effectuate this relinquishment. 3.02. Payment of Premiums. The Trustees shall be under no obligation to pay the premiums which maybecome due and payable under theprovisions of any policy of insurance which may be transferred or assigned to this Trust,or to make certain that such premiums are paid by the transferor of such policy, or to notify any persons of the nonpayment of such premiums, and the Trustees shall be under no responsibility or liability of any kind in case such premiums are not paid, except the Trustees shall apply any dividends received on such policies to the payment of premiums thereon. Upon notice at any time during the continuance of this Trust that the premiums due upon such policies are in default,or that premiums which will become due will not be paid,either by the transferor or by any other person, the Trustees, within their sole discretion, may apply any cash values attributable to such policy to the purchase of paid-up insurance or of extended insurance,or may borrow upon such policy for the payment of premiums due thereon, or may accept the cash 2 1 I I I I l i 'i b i a it 1 �, ., i i values of such policy upon the policy's forfeiture. In the event that the Trustees receive the cash value of such policy upon its forfeiture for nonpayment of premiums, the amount received shall be added to the corpus of this Trust,and shall be administered according to the terms of this Agreement. If the insured under such policies of insurance,becomes totally and permanently disabled within the meaning of any policies and because thereof the payment of premiums,or any of them, shall during the pendency of such disability, be waived, the Trustees, upon receipt of such knowledge, shall promptly notify the insurance company which has issued such policies, and shall take any and all steps necessary to make such waiver of premium provision effective. 3.03. Duties of Trustees With Regard to Life Insurance Policies. The Trustees shall be under no obligation or duty whatever except with respect to the safekeeping of such policies of insurance and the duty to receive such sums as may be paid to them, in accordance with the requirements of this Trust,by the companies issuing such policies,and to hold,manage and disburse such proceeds subject to the terms of this Agreement. Upon the death of the insured, the Trustees shall make reasonable efforts to carry out the provisions of this Agreement, including the maintenance or defense of any suit, provided, however, the Trustees shall be under no duty to maintain or enter into any litigation unless its expenses,including counsel fees and costs,have been advanced or guaranteed in an amount and in a manner reasonably satisfactory to the Trustees. The Trustees may repay any advances made by them or reimburse themselves for any such fees and costs from any corpus or income of this Trust. ARTICLE IV. TRUST DISTRIBUTIONS 4.01. Trust Principal. The entire corpus of this Trust, including the assets initially transferred to this Trust,subsequent additions to this Trust,and the proceeds of any sale, exchange or investment of such Trust assets, shall be used for the purposes herein contained. 4.02. Income Distribution. During the Settlor's lifetime, the Trustees,in their sole and absolute discretion,shall distribute some or all of the net income of the trust to,or for the benefit of, the Settlor's children, BEVERLY A. YAIKO, MARTA B. FOLTZ and CARRIE LEE CLARKE,as the Trustees deem appropriate for their health,support,education and maintenance. The Trustees shall make no distributions of income and/or principal to the Settlor, MARTIN F. BRETZ. 4.03. Principal Distributions. Upon the death of the Settlor,MARTIN F.BRETZ, the Trust shall terminate. Upon termination, the remaining trust estate and accumulated income shall be distributed in separate and equal shares to Settlor's children,BEVERLY A.YAIKO,MARTA B. FOLTZ and CARRIE LEE CLARKE. If any of the Settlor's children predecease the termination of this Trust,the predeceased child's share shall be distributed to the surviving issue of the predeceased child,per stirpes. If any of Settlor's children predecease the termination of this Trust without surviving issue,then such predeceased child's share shall be distributed equally to the other surviving child of the Settlor, with the terms of such distribution being the same as the direct distribution to that child. 3 4.04. General Power of Appointment Settlor's children, BEVERLY A. YAIKO, MARTA B. FOLTZ and CARRIE LEE CLARKE, are hereby granted the general power to appoint some or all of the principal of this Trust to themselves, their estates, their creditors, the creditors of their estates,in such proportions and upon such terms(in trust,outright gifts,or in any other manner)as they jointly deem advisable. This power shall not be exercisable under their Wills. If Settlor's children fail, either in whole or in part, to exercise this general power of appointment herein granted,the unappointed principal shall continue in trust and shall be administered according to the terms of this Trust. Upon the death,resignation,removal or incapacity of Settlor's children, BEVERLY A.YAIKO,MARTA B.FOLTZ and CARRIE LEE CLARKE,the survivor of them shall exercise the general power of appointment under this provision. ARTICLE V. POWERS OF TRUSTEE 5.01. General Powers. In addition to such other powers and duties as may have been granted elsewhere in this Trust,but subject to any limitations contained elsewhere in this Trust,the Trustees shall have the following powers and duties: A. In the management,care and disposition of this Trust,the Trustees shall have the power to do all things and to execute such deeds, instruments, and other documents as may be deemed necessary and proper,including the following powers,all of which may be exercised without order of or report to any court: (1) To sell, exchange, or otherwise dispose of any property, real, personal or mixed, wheresoever located,at any time held or acquired hereunder, at public or private sale, for cash or on terms as may be determined by the Trustees, without advertisement, including the right to lease for any term notwithstanding the period of the Trust, and to grant options, including an option for a period beyond the duration of the Trust. (2) To invest all monies in such stocks, bonds, securities, investment companies or trust shares, mortgages, notes, choses in action, real estate, improvements thereon, and other property as the Trustee may deem best, without regard to any law now or hereafter in force limiting investments of fiduciaries. (3) To retain for investment any property deposited with the Trustees hereunder. (4) To vote in person or by proxy any corporate stock or other security and to agree to or take any other action in regard to any reorganization, merger, consolidation, liquidation, bankruptcy or other procedure or proceedings affecting any stock, bond,note or other security held by this Trust. 4 (5) To use lawyers,real estate brokers,accountants and any other agents,if such employment is deemed necessary or desirable, and to pay reasonable compensation for their services. (6) To compromise, settle or adjust any claim or demand by or against the Trust and to agree to any rescission or modification of any contact or agreement affecting the Trust. (7) To renew any indebtedness, as well as to borrow money, and to secure the same by mortgaging,pledging or conveying any property of the Trust,including the power to borrow from the Trustees (in the Trustees' individual capacity) at a reasonable rate of interest. (8) To retain any business interest transferred to the trustee,as shareholder, security holder, creditor, partner or otherwise, for any period of time whatsoever, even though the interest may constitute all or a large portion of the trust principal;to comply with the provisions of any agreement restricting transfer of the interest; to participate in the conduct of the related business or rely upon others to do so, and to take or delegate to others discretionary power to take any action with respect to its management and affairs which an individual could take as outright owner of the business or the business interest, including the voting of stock (by separate trust or otherwise regardless of whether that separate trust will extend for a term within or beyond the term of the trust) and the determination of all questions of policy, to execute and amend partnership agreements;.to participate in any incorporation, reorganization,merger,consolidation,sale of assets,recapitalization, liquidation or dissolution of the business, or any change in its nature, or in any buy-sell, stock restriction,or stock redemption agreements;to invest in additional stock or securities of, or make secured, unsecured, or subordinated loans to, the business with trust funds; to take all appropriate actions to prevent identify,or respond to actual or threatened violations of any environmental law or regulation thereunder;to elect or employ with compensation, as directors, officers, employees, or agents of the business, any persons,including a trustee of any trust held under this instrument, or any director,officer,employee,or agent of a corporate trustee of any trust held under this instrument,without adversely affecting the compensation to which that trustee would otherwise be entitled;to rely upon reports of certified public accountants as to the operations and financial condition of the business, without independent investigation; to deal with and act for the business in any capacity(including in the case of a corporate trustee any banking or trust capacity and the loaning of money out of the trustee's own funds)and to be compensated therefor, and to sell or liquidate the business or any interest in the business. (9) To register any stock,bond or other security in the name of a nominee, without the addition of words indicating that such security is held in a fiduciary 5 capacity,but accurate records shall be maintained showing that the stock, bond or other security is a trust asset and the Trustees shall be responsible for the acts of the nominee. (10) To set aside as a separate trust, to be held and administered upon the same terms as those governing the remaining trust property,any interests in property, for any reason,including but not limited to a concern that such property could cause potential liability under any federal, state,or local environmental law. B. Whenever the Trustees is directed to distribute any trust principal in fee simple to a .person who is then under twenty-one(2 1)years of age,the Trustees shall be authorized to hold such property in trust for such person until he becomes twenty-one(2 1)years of age,and in the meantime shall use such part of the income and the principal of the trust as the Trustees may deem necessary to provide for the proper support and education of such person in the standard of living to which he has become accustomed. If such person should die before becoming twenty-one(2 1)years of age, the property then remaining in trust shall be distributed to the personal representative of such person's estate. C. In making distributions from the Trust to or for the benefit of any minor or other person under a legal disability, the Trustees need not require the appointment of a guardian, but shall be authorized to pay or deliver the distribution to the custodian of such person, to pay or deliver the distribution to such person without the intervention of a guardian,to pay or deliver the distribution to the legal guardian of such person if a guardian has already been appointed, or to use the distribution for the benefit of such person. D. In the distribution of the Trust and any division into separate trusts and shares, the Trustees shall be authorized to make the distribution and division in money or in kind or in both, regardless of the basis for income tax purposes of any property distributed or divided in kind, and the distribution and division made and the values established by the Trustees shall be binding and conclusive on all persons taking hereunder. The Trustees may in making such distribution or division allot undivided interests in the same property to several trusts or shares. E. If at any time after Settlor's death the total fair market value of the assets of any trust established or to be established hereunder is so small that the corporate Trustees' annual fee for administering the trust would be equal to or less than the minimum annual fee set forth in the Trustees' regularly published fee schedule,then the Trustees in their discretion shall be authorized to terminate such trust or to decide not to establish such trust, and in such event the property then held in or to be distributed to such trust shall be distributed to the persons who are then or would be entitled to the income of such trust. If the amount of income to be received by such persons is to be determined in the discretion of the Trustees,then the Trustees shall distribute the property among such of the persons to whom the Trustees are authorized to distribute income, and in such proportions, as the Trustees in their discretion shall determine. F. The Trustees shall be authorized to lend or borrow, including the right to lend to or 6 borrow from the Settlor's estate,at an adequate rate of interest and with adequate security and upon such terms and conditions as the Trustees shall deem fair and equitable. G. The Trustees shall be authorized to sell or purchase, at the fair market value as determined by the Trustees,any property to or from Settlor's estate,the estate of Setdoes spouse,or any trust created by Settlor or Settlor s spouse during life or by will,even though the same person or corporation may be acting as executor of Settlor's estate or the estate of Settlor's spouse or as trustee of any other such trusts and as the Trustees of this Trust. I H. The Trustees shall have discretion to determine whether items should be charged or credited to income or principal or allocated between income and principal as the Trustees may deem equitable and fair under all the circumstances, including the power to amortize or fail to amortize any part or all of any premium or discount, to treat any part or all of the profit resulting from the maturity or sale of any asset,whether purchased at apremium or at a discount,as income or principal or apportion the same between income and principal, to apportion the sales price of any asset between income and principal, to treat any dividend or other distribution on any investment as income or principal or to apportion the same between income or principal,to charge any expense against income or principal or apportion the same, and to provide or fail to provide a reasonable reserve against depreciation or obsolescence on any asset subject to depreciation or obsolescence, j all as the Trustees may reasonably deem equitable and just under all of the circumstances. I. The Trustees are hereby authorized and empowered to purchase such insurance policies as they deem appropriate. 5.02. Voting by Trustees. When the authority and power under this Trust is vested in two (2)or more Trustees or Co-Trustees,the authority and power under this Trust or granted by law shall be vested in, and exercised by, each of the Trustees individually or all of the Trustees jointly, such that each Trustee may act independently, or the trustees may act jointly, in the administration or under the terms of the Trust agreement. 5.03. Trustees Power to Deal with Environmental Hazards. The Trustees shall have the power to use and expend the trust income and principal to (i) conduct environmental assessments, audits, and site monitoring to determine compliance with any environmental law or regulation thereunder, (ii)take all appropriate remedial action to contain, clean up or remove any environmental hazard including a*11,release,discharge or contamination,either on its own accord or in response to an actual or threatened violation of any environmental law or regulation thereunder, (iii) institute legal proceedings concerning environmental hazards or contest or settle legal proceedings brought by any local,state,or federal agency concerned with environmental compliance, or by a private litigant; (iv) comply with any local, state or federal agency order or court order directing an assessment,abatement or cleanup of any environmental hazards;and(v)employ agents, consultants and legal counsel to assist or perform the above undertakings or actions. Any expenses incurred bythe trustee under this paragraph may be charged against income or principal as the trustee shall determine. ARTICLE VI. SPENDTHRIFT PROVISION 7 6.01. General Provision. No beneficiary shall have the power to anticipate, encumber or transfer his interest in the Trust Estate in any manner other than by the valid exercise of a Power of Appointment. No part of the Trust Estate shall be liable for or charged with any debts, contracts, liabilities or torts of a beneficiary or subject to seizure or other process by any creditor of a beneficiary. ARTICLE VII. CONSTRUCTION OF TRUST 7.01. Choice of Law. This Trust shall be administered and interpreted in accordance with the laws of the Commonwealth of Pennsylvania. 7.02. Code. Unless otherwise stated, all references in this Trust to section and chapter numbers are to those of the Internal Revenue Code of 1986,as amended,or corresponding provisions of any subsequent federal tax laws applicable to this Trust. 7.03. Other Terms. Unless the context otherwise requires,the use of one or more genders in the text includes all other genders, and the use of either the singular or the plural in the text includes both the singular and the plural. 7.04. Captions. The captions set forth in this Agreement at the beginning of the various divisions hereof are for convenience of reference only and shall not be deemed to define or limit the provisions hereof or to affect in any way their construction and application. 7.05. Situs of Trust. The Trust shall have its legal situs in Cumberland County, Pennsylvania ARTICLE VIII. COMPENSATION OF TRUSTEES AND APPOINTMENT OF SUCCESSOR TRUSTEES 8.01. Compensation. The Trustees shall receive as her compensation for the services performed hereunder that sum of money,based on an hourly charge or percentage rate,which the Trustees normally and customarily charge forperforrningsimilar services during the timewhich she perform these services. 8.02. Removal of Trustees. Settlor may remove the Trustees at any time or times, with or without cause,upon thirty(30)days written notice given to the current Trustees. Upon the death of the Settlor, a majority of the current income beneficiaries may remove the Trustees at any time or times,with or without cause,upon thirty(30)days written notice given to the current Trustees. Upon the removal of the Trustees,a successor Trustee(s)shall be appointed in accordance with the terms set forth in Paragraph 8.03. 8.03. Appointment of Successor Trustees. The Trustees may resign at any time upon 8 thirty(30)days written notice given to the Settlor if Settlor is living,or in the event of Settlor's death, upon thirty (30) days written notice given to the current income beneficiary or beneficiaries (including a beneficiary's natural or legal guardian or legal representative), hereunder. Upon the death,resignation,removal or incapacity of the Trustees,a successor trustee(s)maybe appointed by the Settlor during Settlor's lifetime, or, after Settlor's death, by a majority of the current income beneficiaries. Notwithstanding the foregoing provisions respecting the appointment of a successor trustee(s), if and in the event that one Trustee shall die, resign, be removed, or be adjudicated incompetent, the remaining Trustee shall exercise the powers, and carry out the duties, of Trustee individually until such time as a successor trustee is appointed. Any successor trustee(s)shall be a financially sound and competent corporate trustee or issue of the Settlor. Any successor trustee(s) thus appointed,or,ifthe corporate trustee shall merge with or be consolidated with another corporate fiduciary, then such corporate fiduciary, shall succeed to all the duties and to all the powers, including discretionary powers,herein granted to the Trustee. 8.04. Exoneration of Trustees. No Trustees shall be liable for any loss or depreciation in value sustained by the Trust as a result.of the Trustees retaining any property upon which there is later discovered to by hazardous materials or substances requiring remedial action pursuant to any federal,state,or local environmental law,unless the Trustees contributed to the loss or depreciation in value through willful default,willful misconduct, or gross negligence. 8.05. Indemnification of Trustees Upon Distribution. Notwithstanding any contrary provision in this Trust Agreement, the Trustees may withhold a distribution to a beneficiary until receiving from the beneficiary an indemnification an agreement in which the beneficiary agrees to indemnify the Trustees against any claims filed against the Trustees as an "owner" or "operator" under the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as from time to time amended,or any regulation thereunder. ARTICLE IX. PERPETUITIES CLAUSE 9.01. General Provision. Notwithstanding anything to the contrary in this Trust, each disposition the Settlor has made here, legal or equitable, to the extent it can be referred in its postponement of becoming a vested interest to a duration measured by some life or lives in being at the time of Settlor's death is definitely to vest in interest,although not necessarily in possession, not later that twenty-one(21)years after such lives(and any period of gestation involved);or, to the extent it cannot be referred in any such postponement to such lives, is to so vest not later than twenty-one(21)years from the time of Settlor's death. ARTICLE X. ACQUISITION OF UNITED STATES TREASURY BONDS ELIGIBLE FOR TAX PAYMENT; PAYMENT OF TAXES,FUNERAL EXPENSES, AND EXPENSES OF ADMINISTRATION 10.01. Acquisition of Bonds. The Trustees may,at any time,without the prior approval or direction of the Settlor and whether or not the Settlor is able to manage Settlor's own affairs,acquire United States Treasury Bonds selling at a discount, which bonds are redeemable at their par value 9 plus accrued interest thereon for the purposes of applying the proceeds to the payment of the United States estate tax on the Settlor's estate; and the Trustees may borrow from any lender, including themselves, with or without security, to so acquire these bonds. 10.02. Payment of United States Estate Tax by Bond Redemption. The Settlor directs that any United States Treasury Bonds which may be redeemed at their par value plus accrued interest thereon for the purpose of applying the proceeds to the payment of the United States estate tax imposed on the Settlor's estate, and which are held by the Trustees, shall, to the extent of the amount determined to be required for payment of the estate tax, be distributed to the legal representative of the Settlor's estate to be used by the legal representative ahead of any other assets and to the fullest extent possible to pay the estate tax. 10.03. Payment of Death Taxes and Other Estate Settlement Costs. After the Trustees has complied with paragraph 10.02,above,and ascertained from the legal representative that all such bonds have been redeemed in payment of the United States estate tax,the Trustee shall also ascertain from the legal representative whether the legal representative has sufficient assets to pay the remaining legacy,succession,inheritance,transfer,estate and other death taxes or duties(except the additional estate tax imposed by Section 2032(c), or corresponding provisions of the Internal Revenue Code of 1986 applicable to the Settlor's estate and imposing the tax) levied or assessed against the Settlor's estate(including all interest and penalties thereon), all of which taxes, interest and penalties are hereafter referred to as the death taxes, interest and penalties. If the legal representative advises the Trustee that insufficient funds exist to pay all the death taxes,interest and penalties,the Trustee shall then pay to the legal representative from the trust property, an amount equal to all the death taxes, interest and penalties in excess of the funds available to the legal representative for these purposes,which payments are to be made without apportionment. If the Executor of the Settlor's estate,in such Executor's sole discretion,shall determine that appropriate assets of Settlor's estate are not available in sufficient amount to pay(1) the Settlor's funeral expenses, and(2)expenses of administering the Settlors estate,the Trustee shall,upon the request of the Executor of the Settlor's estate, contribute from the principal of the trust estate the amount of such deficiency; and in connection with any such action the Trustee shall rely upon the written statement of the Executor of the Settlor's estate as to the validity and correctness of the amounts of any such expenses, and shall furnish funds to such Executor so as to enable such Executor to discharge the same, or to discharge any part or all thereof itself by making payment directly to the person entitled or claiming to be entitled to receive payment thereof. No consideration need be required by the Trustee from the Executor of Settlor's estate for any disbursement made by the Trustee pursuant hereto, nor shall there be any obligation upon such Executor to repay to the Trustee any of the funds disbursed by them hereunder, and all amounts disbursed by the Trustee pursuant to the authority hereby conferred upon them shall be disbursed without any right in or duty upon the Trustee to seek or obtain contribution or reimbursement from any person or property on account of such payment. The Trustee shall not be responsible for the application of any funds delivered by them to the Executor of the Settlor's estate pursuant to the authority herein granted,nor shall the Trustee be subject to liability to any beneficiary hereunder on account of any payment made by them pursuant to the provisions hereof. 10 IN WITNESS WHEREOF,the Settlor and Trustees have hereunto set their hands and seals as of the day and year first above written. WITNESS: (SEAL) MARTIN F. BRETZ, SETTPOk CO ONWEALTH OF PENNSYLVANIA . SS: COUNTY OF CUMBERLAND On this,the$day of April,2011,before me,a Notary Public,the undersigned officer, personally appeared MARTIN F.BRETZ,known to me(or satisfactorily proven)to be the person whose name is subscribed to the within Trust Agreement, and acknowledged that he executed the same for the purposes therein contained. IN WITNESS WHEREOF,I have set my hand and official Seal. Notary Public My Commission Expires: COMMONWEALTH OF PENNSYLVANIA . x y.i Frye yp NatarHl Seal Vdada M.Rankin, , r* Nota Wm delsbw9 Sam,Cumbery My Commissimr Expires Aug.27,2014 Member.Pennsmania Assadaum or Notaries The foregoing Tnist Agreement was delivered, and is hereby accepted, at Lemoyne, Pennsylvania,on April .2011. _(SEAL) WITNESS BEVERL A.Y J CO,TRUSTEE (SEAL) S MARTA B. FOLTTZ,,TRUSYEE yu l Xif. t-t. (SEAL) SS CARRIE LEE CLARKE, TRUSTEE 11 The Settl or, Martin F. Bretz, signed and executed the Martin F. Bretz Revocable Trust Agreement dated August 13, 1987 naming PNC Bank,N.A.as Trustee("the Revocable Trust''). The Revocable Trust was later amended by Amendment No. 1 dated March 21, 1994, and again by Amendment No.2 dated September 14,2006,which among other things removed PNC Bank,N.A. as Trustee and named Martin F. Bretz as Trustee. Under the terms of the Revocable Trust, Martin F. Bretz reserved the right to revoke, alter and amend the Revocable Trust. Pursuant to the authority contained in the Revocable Trust, I, Martin F. Bretz, hereby sign below to acknowledge that I am exercising my right to revoke and amend the Revocable Trust, and, in so doing,I transfer all principal and accrued income from the Revocable Trust to this Trust which will be known as "The Bretz Family Trust''dated April 8, 2011. By so doing, I, Martin F. Bretz, hereby terminate and re-state in its entirety the Prior Trot as provided in this Trust. WITNESS: SEAL) MARTIN F.BRETZ, SETTL 12 SCHEDULE "A" SCHEDULE REFERRED TO IN THE ANNEXED TRUST AGREEMENT DATED: APRIL , 2011 FROM MARTIN F.BRETZ, SETTLOR TO BEVERLY A. YAIKO,MARTA B.FOLTZ and CARRIE LEE CLARKE, CO-TRUSTEES Property Description: 13 0 ° 0 z > rr aY , N � � > M" UNRt O 0 Y � 1 L 00 =\III ' m o Nal� O N Z-4 III