HomeMy WebLinkAbout03-27-14 (2) � � 1505611185
REV-1500 EX(02-11)(FI)
OFFICIAL USE ONLY
PA Department of Revenue County Code Year File Numbar
eureau ot�nd�vtdua�raxes INHERITANCE TAX RETURN (��
PO BOX 280601 �� �l� ��u�(
Harrisburg PR 17128-0801 RESIDENT DECEDEMT � '� �
ENTER pECEdENT INFORMATION BELOW
Sac(ai SacurltylYumber Dale of Death MMODYYW Dafe of Birth MMDDYYYY
0'�172Q13 �1�51935
Decedenl's Lasi Name Sufflx Decedeni's First Name M I
DUNLAP ANN �
(If Appiicable) Enter Surviving Spouse's information Below
Spouse's Lasi Mame Suffix Spouse's First Name M�
Spouse's Social Securiry Number TFi1S RETURN MUST B� FILED IN DLiPLICATE WITM THE
- - � REGISTER �F WILLS
FILL lN APPROPRIATE SOXES BELOW
� 1.Original Return � 2. Supplemental Return � 3, Remalnder Refurn(Daie of Death
Prior to 12-13-62)
❑ 4, Limited Estate ❑ aa. Future Interest Compromise(date of ❑ 5. Federal�state Tax Return Required
death after 12-12-82y
a6.Decedent Died Testate � 7, Decedent Maintalned a Ltving Trust � 8. Total Number of Safe Deposit Boxes
(Attach Copy of wiif) (A�tacn copy of Trusi.�
❑ 9. Litigation Proceeds Recelved ❑ 10.Spousal Poverty CredR(Date af Death ❑ 11. Electlon to 1'ax under Sec.9113(A)
Between 42-31-95 and 1-1-95) (Aitach Schedule O}
CORRESPONDENT• TliIS SECTIQN MUST 6£COMPLETED.ALL CORRESPONDENCE AND CONFIDENTIAL TAX INFORMATIONf SHOU�P BE DIRECTED TO:
Name Daytime Teiephone Number
rv
SCOT1' ALAN MTTCHELL, ESQ . 717-�31-66Q� � �
I�R OF W{lt�"SjUSE�L�
rn � �-> � tn �
First Line of Address � � � N �� �
� � �J ..J ....s� �
:� � �:::
RHOADS & SItVON, LLP . � � � 3 "; �
Second Line of Address q C � - � � n
'� � N � fz'i
P • 0 � BOX 1146 �
City or Post Office State ZIP Code � �T��� � a Y
HARRISBURG PA ]�7108
CorrespondenYs e-maiE address:
Under penalties of parJury,1 declare at I have'examinad thia return,induding eccompenying schedules and statements,and io the best of my knowledge and belief,
It is true,.correct end complete, c aration of preperer other then the personal reprasentath+e is baseci on all informetlon of which pi'eparer has any knowledge.
SIG(VA OF PER N RES SIBLE FOR FILItJG REIUR� t DATE
-- ' S S o�--�--=--' I R-v 5 Y� � - ,
��ss-�
625 S• 29TH STREET HARRI39URG, PA 17111
g1GNATURE ER'1�1AN REPRESENTA7IVE DATE
� �
DRESS
RH4ADS � SINON, LLP P•0 • BOX 1b46, HARRTSBURG, PA 17108
PLEASE USE ORI(31NAL FORM ONLY
Side 1
� 150567,11$5 1505611185 �
oMaea�s,oao
REV-1500 EX(FI) Page 3 File Number
Decedent's Com lete Address:
DECEDENTS NAME
D NLAP N C
STREET ADDRESS
UMBERLAND
CITY STATE ZIP
MECHANICSBURG PA 17055-
Tax Payments and Credits:
1. Tax Due(Page 2,�ine 1 s) (1) 7,3,19 4 • 2 2
2. Credits/Payments
A. Prior Payments � • ��
B. Discount � • ��
Total Credits(A+g) (2) � • �0
3. Interest
(3) � • 0�
4. If Line 2 is greater than Line 1 +Line 3,enter the difference.This is the OVERPAYMENT.
Fill in box on Page 2, Line 20 to request a refund. (4) 0 - ��
5. If Line 1 + Line 3 is greater than Line 2,enter the difference.This is the TAX DUE. (5) 13,19 4 • 2 2
Make check payable to: REGISTER OF WILLS, AGENT.
PLEASE ANSWER THE FOLLOWING QUESTIONS BY PLACING AN "X" IN THE AF'PROPRIATE BLOCKS
1. Did decedent make a transfer and: Yes No
a. retain the use or income of the property transferred . . . . . . . . . . . . . . . . . . . . . . . : � �
b. retain the right to designate who shall use the property transferred or its income . . . . . . . . .
c. retain a reversionary interest . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . : ❑❑ �
d. receive the promise for life of either payments,benefits or care? . . . . . . . . . . . . . . . . .
2. If death occurred after Dec. 12, 1982, did decedent transfer property within one year of death
without receiving adequate consideration? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . : ❑❑ �
3. Did decedent own an"in trust for"or payable-upon-death bank account or security at his or her death?
4. Did decedent own an individual retirement account, annuity, or other non-probate property,which
contains a beneficiary designation? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ❑ �
IF THE ANSWER TO ANY OF THE ABOVE QUESTIONS IS YES, YOU MUST COMPLETE SCHEDULE G AND FILE IT AS PART OF THE RETURN.
For dates of death on or after July 1, 1994, and before Jan. 1, 1995,the tax rate imposed on the net value of transfers to or for the use of the surviving spouse
is 3 percent[72 P.S.§9116(a)(1.1)(i)].
For dates of death on or after Jan. 1, 1995, the tax rate imposed on the net value of transfers to or for the use of the surviving spouse is 0 percent
(72 P.S.�91 16 (a) (1.1) (ii)].The statute does not exempt a transfer to a surviving spouse from tax, and the statutory requirements for disclosure of assets and
filing a tax return are still applicable even if the surviving spouse is the only beneficiary.
For dates of death on or after July 1,2000:
• The tax rate imposed on the net value of transfers from a deceased child 21 years of age or younger at death to or for the use of a natural parent, an
adoptive parent or a stepparent of the child is 0 percent[72 P.S.§9116(a)(1.2)].
• The tax rate imposed on the net value of transfers�to or for the use of the decedent's lineal beneficiaries is 4.5 percent,except as noted in[72 P.S.�9116(a)(1)j.
• The tax rate imposed on the net value of transfers to or for the use of the decedenYs siblings is 12 percent [72 P.S.§9116(a)(1.3)]. A sibling is defined,
under Section 9102,as an individual who has at least one parent in common with the decedent,whether by blood or adoption.
OM4671 2.000
REV-1503 EX+(&12)
pennsylvania SCHEDULE 6
DEPARTMENT OF REVENUE
INHERffANCETAX RETURN STOCKS 8� BONDS
RESIDENT DECEDENT
ESTATE OF FILE NUMBER
Ann C. Dunlap
All property jointly owned with right of survivorship must be disclosed on Schedule F.
ITEM VALUE AT DATE
NUMBER DESCRIPl10N OF DEATH
1. 3.3329 Shares
Fidelity Contrafund (FCNTX) 310.36
2 42.106 Shares
Fidelity Low Priced Stock (FLPSX) 1,971.83
3 16.228 Shares
Fidelity Select Biotechnology (FBIOX) 2,806.77
4 31. 995 Shares
Fidelity Select Computers (FDCPX) 2,167.03
5 30.396 Shares
Fidelity Select Electronics (FSELX) 1,B05.52
6 17.836 Shares
Fidelity Select Technology (FSPTX) 2,153.70
7 196 Shares
Spectra Energy Corporation (SE) 6,537.48
8 131 Shares
Duke Energy Corporation (DUK) 8,687.27
9 9,158.369 Shares
Invesco High Yield Fund - Class A (AN�iYX) 40,022.07
10 7,677.844 Shares
Franklin Tax Free Mutual Fund (FRPTX)
CUSIP: 354723447 77,699.78
11 4,233.326 Shares
Franklin Custodian FDS Inc (FCISX)
CUSIP: 353496805 9,990. 65
12 3,429.496 Shares
Oppenheimer Multi ST Municipal
CUSIP: 683940704 34,569.32
13 1,773.753 Shares
Mainstay FDS (MHCAX)
CUSIP: 56062F772 10,624.78
TOTAL (Also enter on Line 2,Recapitulation) $ 199,34 6.56
zwasss z.000 If more space is needed,insert additional sheets of the same size
REV-1508 EX+(0&12)
pennsylvania SCHEDULE E
DEPARTMENTOFREVENUE CASH, BANK DEPOSITS � MISC.
RESDENT ECEDENTTURN PERSONAL PROPERTY
ESTATE OF: FILE NUMBER:
Ann C. Dunlap •
Include the proceeds of litigation and the date the proceeds were received by the estate.
AII ro ert 'ointl owned with ri ht of survivorshi must be disclosed on Schedule F.
ITEM VALUE AT DATE
NUMBER DESCRIPTION OF DEATH
1. Cash Held in Fidelity Investment Acct. 2AZ161764 6,007.60
2 PNC Bank Checking Acct. #5113728463 8,478.28
3 PNC Savings Acct. #5005798915 92,866.72
4 United Methodist Development Fund Acct. #A72020 15,214.47
5 Invesco Dividend 192.29
6 Invesco Dividend 198.71
7 Fidelity Investments Dividend 906.81
8 Cash held at Merrill Lynch Investment Account 5K0-50906 2,492. 67
TOTAL(Also enter on line 5,Recapitu4ation) $ 126,357.75
2Wa6AD 2.000 If more space is needed,use additional sheets of paper of the same size.
RE�_,5„��`,a°9> SCHEDULE H
pennsylvania
DEPARTMENTOF REVENUE FUNERAL EXPENSES AND
INHERITANCETAXRETURN ADMINISTRATIVE COSTS
RESIDENT DECEDEN'f
ESTATE OF FILE NUMBER
Ann C Dunla.p
DecedenYs debts must be reported on Schedule I.
ITEM
NUMBER . DESCRIPTION AMOUNT
A. FUNERAL EXPENSES:
� David Dahlgren Funeral Home 10,891.68
B. ADMINISTRATIVE COSTS:
1. Personal Representative Commissions: 9,27 0.0 0
Name(s)of Personal Representative(s)I,inda Mussoline
Street Address 625 S. 29th Street
City Harrisburq State PA ZIP 17111
Year(s)Commission Paid: 2014
2. Attorney Fees: 8,500.00
3. Family Exemption: (If decedenYs address is not the same as claimanYs,attach explanation.)
Claimant
Street Address
City State ZIP
Relationship of Claimant to Decedent
4. Probate Fees:
5. AccountantFees:
6. Tax Return Preparer Fees:
7.
1 Rhoads & Sinon, LLP
Reserve held for additional closing costs 1,500.00
2 Cumberland County Law Journal 75.00
Total from continuation schedules . . . . . . . . . 858.24
TOTAL(Also enter on Line 9,Recapitulation) $ 31 094. 92
swasa,c z.000 If more space is needed, use additional sheets of paper of the same size.
Estate of: Ann C. Dunlap
Schedule H Part 7 (Page 2)
3 Fee to change address 1.00
4 The Carlisle Sentinel 327.89
5 Spectra 16.20
6 Reimbursement for Funeral Banquet food 209. 63
7 Fee for Funeral Church Services 50.00
8 Storage Unit Rental Fee 253.32
Total (Carry forward to main schedule) 858.24
REV-1512EX+(�2_�p) SCHEDULE I
pennsylvania
DEPARTMENTOF REVENUE DEBTS OF DECEDENT,
INHERITANCETAXRETURN MORTGAGE LIABILITIES & LIENS
RESIDENT DECEDENT
ESTATE OF FILE NUMBER
Ann C. Dunla
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
�• OmniCare 317. 69
2 Home Medical Services 2.H6
3 Bethany Village
Fee for Home Health Aide 1,084.00
TOTAL(Aiso enter on Line 10,Recapitulation) $ 1 404.55
swasnN z.000 If more space is needed,insert additional sheets of the same size.
REV-1513 EX+(Ot-10) SCHEDULE J
pennsylvania
DEPAR1Tv1ENTOFREVENUE - pENEFICIARIES
INHERITANCE TAX RETURN
RESIDENT DECEDENT
ESTATE OF: FILE NUMBER:
Ann C. Dunla
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[�nclude outright spousal distributions and transfers under
Sec.9116(a)(1.2).]
�, Linda A. Mussoline
625 South 29th Street
Harrisburg, PA 17111 '
One Third of Residue: 97,734. 95 Daughter 97,734.95
2 Susan G. Cannillo
96 Glenmere Avenue
Florida, NY 10921
One Third of Residue: 97,734.95 Daughter 97,734. 95
3 Charles D. Dunlap
915 Water Grove Court
Roswell, GA 30075
One Third of Residue: 97,734. 95 Son 97,734.95
ENTER DOLLAR AMOUNTS FOR DISTRIBUTIONS SHOWN ABOVE ON LINES 15 THROUGH 18 OF REV-1500 COVER SHEET,AS APPROPRIATE.
�� NON-TAXABLE DISTRIBUTIONS
A.SPOUSAL DISTRIBUl10NS UNDER SECTION 9113 FOR WHICH AN ELECTION TO TAX IS NOT TAKEN:
1.
B.CHARITABLE AND GOVERNMENTAL DISTRIBUTIONS:
1.
TOTAL OF PART II-ENTER TOTAL NON-TAXABLE DISTRIBUTIONS ON LINE 13 OF REV-1500 COVER SHEET. $ 0.00
— If more space is needed,use additionai sheets of paper of the same size.
9W46AI 2.000
Ann C. Dunlap Revocable Living Trust
SSN: 546-48-0414
DOD: 09/17/2013
PENNSYLVANIA INHERITANCE TAX RETURN
INDEX TO EXHIBITS
Document Return Reference
A. Copy, Ann C. Dunlap Revocable Living Trust Page 1, line 7
AMENDED AND RESTATED
REVC)CABLE LIVING TRUST AGREEMENT
THIS AMENDED AND RESTATED REVOCABLE LIVING TRUST
AGREEMENT is made and entered into this 7th day of Fehruary; 2011, by and between ANN
C.DLJNLAP, of Mechanicsburg, Cumberland County,Pennsylvania(hereinafter referred to as
"Settlor"}, and the said ANN C. DUNLAP and LINDA A. MUSSOLINE, of Harrisburg,
Dauphin County,Pennsylvania(hereinafter referred ta as "Trnstee").
Back�round:
On or about February 20, 200b, Richard N. Dunlap and Ann. C. Dunlap, husband and
wife, executed the Richard N. Dunlap and Ann C. Dunlap Revocable Living Trust under which
both Richard and Ann were Settlors and under which both reserved the right to axn.end,revoke or
ternunate the Trust. On or about Apri14, 2Q08,Richard and Ann amended and restated the Trust
in its entirety. Article Second, Section B. of the Trust, as am.ended, provides that either Richard
or Ann may amend, revoke, or terminate the Trust, in whole or in part, at any tirne. In
accordance with such Section,Richard and Ann hereby amend and restate the Richard N. Dunlap
and Ann C.Dunlap Revocable Living Trust Restatement of Trust as provided below.
� ARTICLE I
TRUST ESTATE
1.01 Name of Trust. This Trust sha11 be known as the "Ann C. Dunlap Revocable Living
Trust."
1;02 Ri�ht to Revoke. Settlor reserves the right to revoke this Agreement in whole or in part
by written notice to Trustee, in which event Trustee shall deliver to Settlor or Settlor's nominee,
the assets contributed to the trust by Settlor together with such instruments in writing as may be
requisite to effect Settlor's purposes.
1.03 Ri�ht to Amend. Settlor further reserves the right to alter or aznend this Agreement by a
proper iustrument in writing executed by Settlor (or Settlor's agent) and delivered to and
accepted by Trustee.
1,04 Ri�ht to Withdraw. Settlox shall have the complete and unlimited right at any time
during Settlor'.s lifetime to withdraw any and all of the principal at Settlor's discretion.
1
1.05 Risht to Make Additions. Settlor shail have the right at any time to add property
acceptable to the Trustee to this Trust by Deed, Will or otherwise, and such property, when
received and accepted by the Trustee, shall become part of the Trust Estate.
,ARTICLE II
DTSTRIBUTION FROM TRUST
2.01 Management Durin� Setflor!s Lifetime. In the event Settlor funds this Trust during
Settlor's Iifetime:
A. P-avment Upon Request: Trustee sha11 pay to Settlor whatever in�ome or
principal Settlor requests from tzme to time.
B, BaIance: Any remaining net income shall be accumulated from time and
tune and added to principal.
C. Payment Upon Disabilitv: If Settlor becomes disabled in any way, the
Trusiee may apply whatever income or principal Trustee deems proper from time to time
directly or indirectly for Settlor's health,maintenance and support.
2.02 Upon Settlor's Death: The remaining principal and any accumulated income shall be
distributed in equal shares to Settlor's children, LINDA A. MUSSOLINE, SUSAN G. '
CANNILLO, and CHARLES D, DiJNLAP, If any of Settlor's children are not then surviving
but have surviving descendants, such deceased chiid's share shatl be distributed to those
surviving descendants,per stirpes, subject to Article 2.03 (below).
2.03 Trust for Beneficiaries Under Twenty-Five (25): Notwithstanding anything to the
contrary in this Trust Agreement, the share for each beneficiary under twenty-five (25} yeaxs of
age shall be held by Trustee, so divided, i.n a separate and distinct trust for each beneficiary for
the following purposes:
A. Income: Trustee may {but shall not be required to) accumulate the net
incQme earned on each trust and may add the same to the principal of said trust until the
beneficiary of said trust has reached twenty-oae (21) years of age. Thereafter, Trustee
shali distributa th� net income earned on each trust to the beneficiary of that trust in
regular installments, and at least quarter-annually.
B. Diseretionat-v Distributions to Beneficiary: In the sole and uncontrolled
discretion of Trustee, Trustee may utilize both income and/or principal of each trust for
the health, maintenance, education and support of the beneficiary of that trust. It is my
desire, but not my direction,that Trustee encourage any and all of the beneficiaries of the
trusts created by this Agreement to further their education along those lines which
2
interest each beneficiary and provide far higher education (college, professional or any
other form of higher education)for any ox all of the beneficiaries, up to the extent or limit
principal and income o£ the trust which he or she is a beneficiary, providing such
beneficiazy has the ability and inclination to succeed at the same.
C. Discretionarv Distribution of Principal: Trustee may pay over from
time to time such of the principal of the beneficiary's trust as he or she may request in
writing, provided the intended use is for a purpose which the Trustee believes will
promote his or her welfare, such as the purchase of a home, establishing a business or
profession, etc.
D. Distributions Without Intervention of Guardian: Trustee rnay make
expendituxes for minor beneficiazies without the intervention of any guardian. If, fox any
reason, a guazdian over the estate of a beneficiary ar beneficiaries is needed or required,
Trustee shall be the guardian of the estate of such beneficiary or beneficiazzes, with the
same xights,powers, privilegas, duties and responsibilities as I have given it as Trustee.
E. Distribution of Princinal: Trustee shall pay to each beneficiary the
balance of the principal of his or her trust at any time after the beneficiary attains twenty-
five(25)years of age.
F, Bnrial Ezpenses: Trustee may pay the reasonable burial expensas,
zncluding a suitable and pxoper grave marker, for the beneficiary of any trust which has
n.ot been terminated by previous distribution, and if Trustee, in the exercise of its sole
discretion, chooses to pay the same, it shall charge the expense thereof against the trust of
the beneficiary.
G. Distribution if Surv'ived bv Issue: In the event any beneficiary subject to
the provisions of this Section dies prior to having received fU.11 distribution of his or her
tr.ust, leaving issue surviving; txustee shall divide the bala.nce then remaining in a
deceased beneficiary's trust into equal shares for the deceased beneficiary's then living
issue, per stirpes. Trustee shall hold each portion, so divided, in a separate and distinct
trust for each such issue under the same terms and conditions Trustee held the trust of the
deceased beneficiary which was divided pursuant to this provision.
H. Distribation if Not Suz�vived bv Issne: In the event any beneficiazy or
beneficiaries subject to the provisions of this Section die prior to having received fnll
distribution of his or hez trust, without leaving issue surviving, the balance of his or her
tzust shall be distributed to my then living children, per stirpes (any portion thus passing
to another child for whom principal is then held in trust hereunder shall be added to ox
thereafter treated as part of such principal).
� 3
2.04 Disclaimers. If any person otherwise entitled to take hereunder (or such parson's legal
representalive}files a written disclaimer, in whole or in part, with respect to any provision of this
Trust with my Executor or Trustee within the period allowed by Section 2518 of the Internal
Revenue Code, such person(i} shall be treated as having predeceased me for purposes of holding
or distributing the disclaimed share, and (ii) shall n�t participate in any decision to pay or apply
the income or przncipal of the disclaimed shaze to or for the benefit of any person hereunder, but
such person shall not be treated as having predeceased me for purposes of holding, distributing
or participating in any such decision under any provision to which the disclaimer does not
extend.
2.05 Sne�adthrift Provision: No assignment �r order by any benefioiary by way of
anticipation of any of the principal or income of the trusts herein created shall be valid; but the
income and principal shall be paid directly to the beneficiaries entitled to receive it; and the
income and principal shall not be subject to attachment, execution, levy, sequestration,
hypothecation, garnishment or other process while in the hands of Trustee. Notwithstanding any
other provision hereof, and except as provided in this paragraph, the irustee may not distribute
to or fox the benefit of my estate, any charity or any other non-individual beneficiary any benefits
payable to this trust under any qualified retirement plan, individual retirement account or other
retirement arrangement subject to the "minimum distribution rules" of Section 401{a){9) of the
Internal Revenue Code, or other comparable provisions of law. It is my intent that all such
retirement benefits be disixibuted to or held for only individual beneficiaries, within the meaning
of Section 401(a){9) and applicable regulations. Accordingly, I direct ihat such benefits rnay not
b'e used or applied for payznent of my debts,taxes and other claims against my"estate" except to
the minimum extent-that would be required under applicable state or federal law in the absen.ce
of any specific provision on the subject in my Will or this trust. This paragraph sha.11 not apply
to any charitable bequest which is specifically directed to be funded with retirement benefits by
other provisions of this instrument,
ARTICLE III
POWERS OF TRUSTEE
3.0] Administrative Powers: In the administration of the trusts.he.ein creat�d, Trustee shall
have the foilowing powers without leave of court in addition to but not in limitation of, the
powers granted by law to the Trustee of a trust, which powers sha11 continue after the termination
of the trusts provided for herein wntil actual distribution of#he assets:
A. Assets Received: To receive and retain in the trusts any assets, real or
personal, which I may own or to which I may be entitled at the time of my death, which
Trustee may deem.for the best interest of the trust without bein� required to convert said
assets into so-called "legal investments."
4
B, Prudent Investment: To invest and reinvest in such securities as a
prudent man of intelligence and discretion would buy for himself for investment and not
for speculation, giving due regard to the safety of the principal and the adequacy of the
income, and without being limited to the so-called "legal investments" of the
Connmonwealth of Pennsylvania, said investment authority to include the right to invest
in any Discretionary or Legal Common Trust Rund or pr�prietary mutual fund that may
be administered and managed by a Corporate Trustee, or its affiliates, subsidiazies or
successors.
C. Purehase of A.ssets from Estate: To purchase stocks, bonds, or other
property, real or pexsonal, from the Executor or other representatives �f my estate, or
make loans to them secured or unsecuzed at such prices and upon such terms as may be
deemed advisable.
D. Reat Estate: To sell or buy real estate without Court order at public or
private sa1e; to make, execute and deliver or receive good and sufficient deeds of
conveyance and give ar receive good title; to reinvest the proceeds as if they had
originated in personal pzoperty; to mortgage or encumber any real estate held in the
trusts, borrowing the neeessary funds from itself or from any other source; to irnprove
any property or otherwise expend principal funds for the upkeep and welfare of any
properties; to release, partition, vacate and abandon the sanze; to grant and acquire
licenses and easements with respect thereto; to make improvements to or upon the same;
and in general, to do all things necessary in the management of the properties as if it is
the owner thereof, including the right to let property and to make leases for any terin,
inclucting beyond the terms of the trusts. The purchaser shall r.ot be required to see to the
proper application of proceeds but�may pay the same over to Trustee selling the same,
E. Corporate Stock: To consent t� reorganization; to vote stock and give
and vote proxies; to exchange securities for others in the same company or suecessor
companies;to exercise stock rights; to allocate stock dividends to principal or income; to
extend, compromise and reduce interest on any mortgages; to determine the necessi#y far
the amortization of premiums paid for investments, or the accumulation of discounts; to
register securities in the name of its nominee; and to retain in kind, securities of
Corpora#e Trustee, the holding company of Corporate Trustee and the affiliates of both,
including the right to manage and vote such securities.
F. Lavvsuits: To compromise, adjust and settle disputes and claims by or
against the trust estate; to execute releases, receipts and acquittances and to in.stitute and
maintain suits and other legal proceedings.
G. I� Kind Distributions: To make distribution hereunder in�. cash or �f
property and securities in kind at fa3r market value at the time of such distribution and in
such a manner as to be fair, equitable and just to alI concerned.
5
H. Holdin� Cash: To hold in the form of cash, awaiting distribution or
desirable investrnents, such portion of the trust estate as at any time and from time to
time the Trustee, in its discretion, shall deem advisable, without liability to account for
interest thereon.
I. Accrued Income: Incorne accrued on any property received by Trustee
either at the inception of the trust or as a.n ad.dition thereto sha11 be treated as income and
not as principal. Upon the death of any beneficiary of income, any undistributed income
in the hands of Trustee held �or such beneficiary at the time of his or her death shall be
paid to the pexson or persons for whose benefit the principal producing such income is
continued in trust or to whom it is distributed under the terms of this Agreement.
J, Tax Elections: To exercise any election ox privilege given by the federal
and othex tax laws, including but not limited to,the election of the method of payment of
pension, pzofit-sharing, HR-10, individual retirement accounts, and any other similar
benefits, and in addition, in its sole discretion,to make or not make equitable adjustments
among the beneficiaries, without the consent of the beneficiaries, for the exercise or non-
exercise of any such election or privilege.
K. Termination of Small Trusts: Trustee at any time rnay terminate any of
the shares under this Agreement if the value thereof is less than Fifly Thousand
($50,400.00}Doliars and does not warrant the cost of continuing said shares in trust or if
its administration would be otherwise impracticai. Upon such termination, Trustee shall
pay the pzincipal and any accumulated income af such share to the person or persons
entitled at #he time to the income therefrom in the proportions to which they were then
entitled to receive the inbome, and upon such termination, the i7ghts of all other persons
who might otherwise have an interest as sncceeding life tenant or in the remainder shall
cease, If any such person be then under aighteeu (18) years of age or, in the opinion of
ti�e Tnrstee mentalIy or physically incapacitated, Trustee may pay the share to which
such person would otherwise be entitled to the parent or guaxdian of the estate or person
of such beneficiazy or the person caring for such beneficiary, or, iu the case of a person
under exghteen (18) years of age, may deposit the share into such account as are
auth�rized pursuant to the provision Qf Section 5103 of the Pennsylvania Probate,
Estates, and Fiduciaries Code.
L. Separate Trusts: Trustee may hold any property distributed to it in one
or more separate trusts, either on identicai terms or, to the extent that the terms of the
trust are severable into distinctly separate shares, on terms reflecting such separate
shares. Furthermore, my Executor may,by an instrument in writing delivered,to Trustee, '
direct Trustee to hold a specified portion of a trust created hereunder as a separate trust.
Any such direction shall be effective as of the date of my death.
M. Combination/Divisian af Trust: Trustee may, at any time and from time
to time, divide any trust hereunder into two or more separate trusts (based on the fair
� market value of the trust assets at the time of the division) and combine two or more
trus�s hereunder with substantially identical terms. If a tzust is divided int� separate
6
trus#s, my Executor or Trustee, as the case may be, may (1) rnake different tax elections
(including the allocation of the Federal Generation Skipping Transfer Tax Exemption)
with respect ta each separate trust, (2} expend principal and exercise any other
discretionary powers with respect to such separate trusts differently, and (3) take a11 other
actions consistent with such trusts being sepazate entities.
l�t. Full Authority to Trustee: Trustee sha11 have full power, authority and
discretion to deal with any situation which may arise respecting the trusts or any part
thereof in such manner as Trustee shall deem advisable and f�r the best interests of the
trust or trusts. The grant to Trastee of any specific power, authority and discretion, or the
failure to grant specifically herein any other power, authority flr discretion, shall not be
construed to limit or curtail in any way �r to any extent said full and complete power,
authority and discretion which is intended and directed and shall be exezcisable at all
times by Trustee respecting any and all matters of whatsoever chazacter pertaining to the
tiust or trusts or any part thereof.
O, Exoneratian of Fiduciarv: I exonerate my Executor and Trustee from
any liability arising from any exercise or failure to exercise these powers, provided the
actions{or inactions) of my Executor or Trustee are taken in good faith,
3.02 Trustee:
A. Saccessor Trustee: In the event ANN C. DUNLAP is unable or
unwilling to serve as Co-Trustee, LINDA A. MUSSOLINE shall act as sole Trustee. Tn
the event LINDA A. MUSSOLINE is unable or unwilling to serve a.s Co-Trustee or sole
Tt�stee, SUSAN G. CANNiLLO and CHARLES D. DiJNLAP, or the survivor of them, .
shall serve as successor Co-Trvstees/Tnzstee.
B. Acceutance of Trust: Trustee, by joining in the ex�cution of this
instrument, signifies its acceptance of the trust. No successor Trustee shall be obligated
to examine the accounts, records, or acts of a previous Trustee, nor shall any successor
Trustee in any way be responsible for any act or failure to act o�the part of any previous
Trustee. The successor Trustee shall be responsible only far the property actually
delivered to the successor Trustee. Any references to "Trustee" in this Trust shall also
include any successor Trustee. No successor Trustee shall be required to give bond or
security in any jurisdiction.
C. Campensation of Trustee: Any individuai Trustee serving hereunder
shall be entitled to reasonable compensation and shall be entitled to be reimbursed for a11
reasonable expenses incurred by Trustee for so serving, Any Corporate Trustee serving
hereundez shall be entitled to compensation in accordance with such Trustee's customaxy
schedule of fees in effect duzing the time such services are perforrned.
If any corporate fiduciary ever succeeds to the trust business of a cozporate
fiduciaxy serving as a Trustee under this Trust, whether because of a name change or any
other form of reorganization, or if such corporate fiduciary serving as a Trustee under
7
this Trust ever transfers all of its existing business to any other corporate fiduciary, the
successor shall thereupon, without any action being required, succeed to the Trusteeship
hereunder as if originally named.
D. Pavment of Death Taxes: All death taxes, (and interest and penalties
thereon) imposed as a result of my death upon the property passing under my Will and
this Agreement of Trust, and upon any amounts in any qualified or nonqualified
retirement plan or individual retirement account and proceeds of insurance on my life,
but not othenvise, shall he paid by the person receiving the property to which such taxes
are attributable. For purposes of this Paragraph, the term "death taxes" shall mean
Federal Estate 'I'ax, any inheritance or estate tax imposed at death by any state of the
United States. Such term shall also incl�de Federal Generation-Skipping Transfer Tax
imposed on a direct skip occurring as the result of my death. I understand that this _
directive may decrease the potential maxirnum bequest to my heirs but it is consistent
with my desire to have my estate incur no Federal Estate Tax. Taxes on future interests
may be prepaid. I direct my Trustee t�cooperate with my Executor in the payment of all
such taxes,interest and penalties.
ARTTCLE IV
ADMIlvISTRATIVE AND GENERAL PROVTSIONS
4.01 Situs and Governin� Laws: The situs of trus Trust shall Y�e the Commonweatth of
Pennsylvania, and all questions as to the validity or effect of this Trust or the administration of
the trusts hereunder sha11 be governed by the laws of Pennsylva.nia.
WITNESS:
'��`
���.%- � !S/i��,Di�. (SEAL)
ANN C. DUNLAP, SETTLO
� ,,.-- - . _.� � �. � :��
// ��- - _ -��,. j-�L.�,.��`�SEAL)
___.------ `
'��� IZIC RD N. DUNLAP,by and through
his A nt,Linda A. Mussoline, signin�
' so e y to consent to amending and restating
the Richard N. Dunlap and Ann C.
Dunlap Revocable Living Trust Restatement
of Trust as provided hereinabove
8
COMMONWEALTH OF PENNSYLVANIA )
) SS:
COUNTY OF DAUPHIN ) �
� On this, the '��` day of r�brr�a..r , 20I1, before me a notary public, the
undersigned officer, personally appeared C. DUNLAP and LIPdDA A. MUSSOLINE, as
Agent for Richard N. Dunlap, known to me (or satisfactorily proven) to be the persons whose
nannes are subscribed to the witlu.n instrurnent, and acknowledged that they executed the same
for the purposes therein contained.
In witness whereof,I hereunto set my hand and official seal.
--� !�' �,:
Notary Public
COMMQNWEAL.TN OF PENMSYLV/WIA
NotarWl Sea1
Madnnne H.Aai,Notary Publk
pty of Harrisburg,AauphM CountY
My Commission E�lres lune 30,2014
9
ACCEPTANCE BY TRUSTEE
The foregoing Trust was delivered to, and is hereby accepted by, the undersigned on the
�-�` day of F<-br,ar , 2011.
WITNESS:
�--
_�
��+ � �� �i,��r.,- � . �,Xi,�i�'���,
�..---�-----�
�
_ _ . ,
_. - " � ,
� .��;a.,
--------�f� �:.�' r.� � (
�---- ��
10