HomeMy WebLinkAbout06-20-14 (2) -I REV-1500 EX(01-10t � 1505610143
PA Department of Revenue � OFFICIAL USE ONLY
P Pennsylvania County Code Year File Number
Bureau of Individual Taxes DEPARTMENT OF REVENUE
PO BOx.260601 INHERITANCE TAX RETURN 21 13 01254
Harrisburg,PA 1712 8-0601 RESIDENT DECEDENT
ENTER DECEDENT INFORMATION BELOW
Social Security Number Date of Death Date of Birth
09 18 2013 08 18 1927
Decedent's Last Name Suffix Decedent's First Name MI
ZAGORIC EMILY E
(if Applicable)Enter Surviving Spouse's Information Below
Spouse's Last Name Suffix Spouse's First Name MI
Spouse's Social Security Number
THIS RETURN MUST BE FILED IN DUPLICATE WITH THE
REGISTER OF WILLS
FILL IN APPROPRIATE OVALS BELOW
® 1. Original Return ❑ 2. Supplemental Return ❑ 3,Remainder Return(date of death
prior to 12-13-82)
❑ 4. Limited Estate ❑ 4a.Future interest Cornpomise ❑ S. Federal Estate Tax Return Required
(date or death after 12-12-82)
® g, Decadent Died Testate Decedent Maintained a Living Trust 0 g, Total Number of Safe Deposit Boxes
(Attach Copy of Will} (Attach Copy of Trui
❑ 9. Litigation Proceeds Received ❑ 19_Spousal Poveny Credd`date of death 11.Election to lax under Sec.9113(A)
baN+een 12-31- 1 and 4-95) (Attach Sch.O)
CORRESPONDENT-THIS SECTION MUST BE COMPLETED.ALL CORRESPONDENCE AND CONFIDENTIAL TAX INFORMATION SHOULD BE DIRECTED TO:
Name Daytime Telephorre Number
DEBRA R WALLET 717 737 1300
o �
REOISTEFVOI�-NILLS USE ONt j
„O
First line of address rn r i o rat I n
24 NORTH 32ND STREET
—p rt
Second line of address C:J c'> CD
Cd O 'T1
O G tj � rT1
D'ATEILED p
City or Post Office State ZIP Code raj-r1
CAMP HILL PA 17011 -,t
Correspondent's e-mail address: Walletdeb@aOl.Com
Under penalties of perjury,I declare that I have examined this return,including accompanying schedules and statements,and to the best of my knowledge and belief,
it is true,correct and complete.Declaration of preparer other than the personal representative is based on all information of which preparer has any knowledge.
GNATURE OF PEeSON ESPONSIBLE FOR FILING RETURN DATE
1 I/2:711 0, 04 Carol E. Scheer
ADDRESS
149 North 25th Street, Camp Hill, PA 17011
SIGNATURE OF PREPARER OTHER THAN REPRESENTATIVE DATE
W4*m V. �JwAAAR' Debra K Wallet
ADDRESS
24 North 32nd Street, Camp Hill, PA 17011
Side 1
L 1505610143 1505610143
1505610243
REV-1500 EX
Decedent's Social Security Number
oecedenra Name. ZAGORIC, EMILY E
RECAPITULATION
1. Real Estate(Schedule A).......................................................................................... 1.
2. Stocks and Bonds(Schedule B)............................................................................... 2.
3. Closely Held Corporation,Partnership or Sole-Proprietorship(Schedule C).......... 3.
4. Mortgages&Notes Receivable(Schedule D)....................................................
5. Cash,Bank Deposits&Miscellaneous Personal Property(Schedule E)................ 5.
6. Jointly Owned Property(Schedule F) ❑ Separate Billing Requested............. 6.
7. Inter-Vivos Transfers&Miscellaneous Non-Probate Property
(Schedule G) ❑ Separate Billing Requested............. 7, 45 6 , 827 . 1 3
8. Total Gross Assets(total Lines 1-7)....................................................................... 8. 456 , 827 . 13
9. Funeral Expenses&Administrative Costs(Schedule H)......................................... 9. 14 , 550 . 87
10. Debts of Decedent,Mortgage Liabilities,&Liens(Schedule 1)................................ 10. 2 , 723 . 25
11. Total Deductions(total Lines 9&10)...................................................................... 11. 17 , 274 . 12
12 Net Value of Estate(Line 8 minus Line 11)............................................................. 12. 439 , 553 . 01
13. Charitable and Governmental Bequests/Sec 9113 Trusts for which
an election to tax has not been made(Schedule J)................................................. 11
14. Net Value Subject to Tax(Line 12 minus Line 13)................................................. 14. 439 , 553 . 01
TAX COMPUTATION-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 15.
16. Amount of Line 14 taxable
at lineal rate X .045 439 , 553 . 01 16. 19 , 779 . 89
17. Amount of Line 14 taxable
at sibling rate X .12 17
18. Amount of Line 14 taxable
at collateral rate X .15 18,
19. Tax Due..................................................................................................................... 19. 19 , 779 . 89
20. FILL IN THE OVAL IF YOU ARE REQUESTING A REFUND OF AN OVERPAYMENT. ❑
Side 2
L 1505610243 1505610243 J
REV-1500 EX Page 3 File Number 21 - 13 - 01254
Decedent's Complete Address:
DECEDENrS NXME
Zagoric, Emily E
STREET ADDRESS
149 North 25th Street
,x
CSTY
Camp Hill PA 17011
Tax Payments and Credits:
1. Tax Due(Page 2,Line 19) (1) 19,779.89
Z Credits/Payments
A. Prior Payments 7,000.00
B. Discount 368.42
Total Credits(A +B) '(2) 7,368.42
3. Interest
(3) 0.00
4. if Line 2 is greater than Line 1 +Line 3,enter the difference. This is the OVERPAYMENT. (4)
Check box on Page 2 Line 20 to request a refund i-
5. If Line 1 +Line 3 is greater than Line 2,enter the difference. This is the TAX DUE. (5) 12,411.47
Make Check Payable to: REGISTER OF WILLS, AGENT.
PLEASE ANSWER THE FOLLOWING QUESTIONS BY PLACING AN"X" IN THE APPROPRIATE BLOCKS
1. Did decedent make a transfer and: Yes No
a. retain the use or income of the property transferred;................... .............................................................. x
b. retain the right to designate who shall use the property transferred or its income;..........___------- _.....
c. retain a reversionary interest;or.................................................__......,,..................-................................. x
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?.........
4. Did decedent own an Individual Retirement Account,annuity,or other non-probate property which
contains a beneficiary designation?......................................................._....................................................
....... 0 C}
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 172 P.S.§9116(a)(1.1)(+)h
For dates of death on or after Janus ry 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 172 P.S.§9116(a)(12)j.
•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 1.2)(72 P.S.§9116(a)(1)j.
•The tax rate imposed on the net value of transfers to or for the use of the decedent's siblings is 12 percent 172 P.S.§9116 ta)(1.3i1. A
sibling is defined under Section 9102,as an individual who has at least one parent in common with the decedent,wfiether y bloodd or adoption.
i
COMMONWEALTH OF PENNSYLVANIA SCHEDULE G
INHERITANCE TAX RETURN INTER-VIVOS TRANSFERS &
RESIDENT DECEDENT MISC. NON-PROBATE PROPERTY
ESTATE OF Zagonc, Emily E (FILE NUMBER
— - J 21 - 13- 01254
This schedule must be completed and filed if the answer to any of questions 1 through 4 on page 2 is yes.
ITEM DESCRIPTION OF PROPERTY %OF
PATE OF DEATH EXCLUSION
Include the name of the transferee,their,relationship to decedent OECD'S TAXABLE VALUE
NUMBER VALUE OF ASSET IFAPPLICABLE)
and the date of transfer. Attach acWy of the tleetl for real estate. INTEREST ( --
1 149 N. 25th St., Camp Hill, PA 17011 248,708.00 100% 248,708.00
(256,400 assessed value x .97 common level ratio)
2 Members 1st checking acct.#14009-0011 30,397.12 100% 30,397.12
3 Members 1st savings acct.#14009-0000 1,73522 100% 1,73512
4 Members 1st money management acct. #14009-0005 23,293.50 100% 23,293.50
5 Members 1st CD#14009-0040 90,036.62 100% 90,036.62
6 American Funds IRA acct. #84029207 7,336.17 100% 7,336.17
376.6 shares x$19.48/share
7 American Funds acct. #84042844 54,151.50 100% 54,151.50
2779.851 shares x$19.481share
8 Household items (including bar, pool table, sewing 1,000.00 100% 1,000.00
machine,4 sets china, glassware, small appliances,
living room set, dining room set, bedroom set, kitchen
items-all 10-35 yrs. old)
9 Express Scripts refund 2600 100% 26.00
10 2013 federal income tax refund 143.00 100% 143.00
I
TOTAL(Also enter on line 7,Recapitulation) - 456,627.13
� ���SpC�H�EDULE H p
coMMaRwEr�TR or Pe+wsnvww r-IJNERAL Q
WNERRMlDETN(RETURN AMIII�19 IET� E/�OS
PESiDENT DECEDENT f�L�l�lll�h7�IW r rYC VW r Q
ESTATE OF Zagoric, Emily E FILE NUMBER 21 - 13 -01254
Debts of decedent must be reported on Schedule I.
ITEM
NUMBER FUNERAL EXPENSES: DESCRIPTION AMOUNT
A. 1 Myers-Harner Funeral Home 1,480.85
B. ADMINISTRATIVE COSTS:
1. Personal Representative's Commissions
Name of Personal Representative(s)
Carol E. Schaar — as Executrix and Trustee of Living Trust 3,500.00
Street Address 149 North 25th Street
City Camp Hill State PA Zip 17011
Year(s)Commission paid 2014
2. Attorney's Fees Debra K. Wallet, Esq. 3,500.00
3. Family Exemption: (If decedent's address is not the same as claimant's,attach explanation)
Claimant
Street Address
City State Zip
Relationship of Claimant to Decedent
4. Probate Fees 113.50
5. Accountant's Fees
6. Tax Return Preparer's Fees H&R Block 197.00
7. Other Administrative Costs
1 Postage, copies, etc. 40.00
TOTAL(Also enter on line 9, Recapitulation) 14,550.87
p�Schedule H Jj,
COMMONWEALTH OF PENNSYLVANIA Ra ial We .�.�&
INHERITANCE TAX RETURN Adnk*zWe Costs CO�nued
RESIDENT DECEDENT t�AAJJO044..7�
ESTATE OF Zagoric, Emily E FILE NUMBER
21 - 13 -01254
2 PPL Electric 1,534.65
3 Penn Waste 139.20
4 Borough of Camp Hill Sewer 685.00
5 UGI 1,056.06
6 UGI - insurance protection 31.00
7 Pennsylvania American Water 133.91
8 Pennsylvania American Water-protection of lines 59.88
9 Hartford (homeowners insurance) 733.00
10 Diane Neiper, Tax Collector-2014 county taxes 1,346.82
Page 2 of Schedule H
SCHEDULEI
DEBTS OF DECEDENT, MORTGAGE
COMMONWEALTH OF PENNSYLVANIA LIABILITIES
INHERITANCE TAX RETURN , LIENS
RESIDENT DECEDENT
ESTATE OF ZB90fIC, Emily E i FILE NUMBER
�21 -13-01254
Report debts incurred by the decedent prior to death that remained unpaid at the date of death, including unreimbursed medical expenses.
ITEM
NUMBER DESCRIPTION AMOUNT
1 Discover Card 305.74
2 Pennsylvania American Water 14.31
3 PPL Electric 192.42
4 Express Scripts 78.00
5 Comcast, 137.50
6 UGI 128.00
7 Patriot News 10.00
8 Members 1st Visa 422.46
9 West Shore EMS 1,019.82
10 Camp Hill Ambulance 330.00
11 PA Department of Revenue -2013 state income tax 85.00
TOTAL(Also enter on Line 10,Recapitulation) 2,723.25
REV-1613 EX.(11-08)
SCHEDULE J
COMMONWEALTH OF PENNSYLVANIA
INHERITANCE TAX RETURN BENEFICIARIES
RESIDENT DECEDENT
ESTATE OF Zagoric, Emily E FILE NUMBER
21 - 13-01254
NAME AND ADDRESS OF PERSON RELATIONSHIP TO SHARE OF ESTATE AMOUNT OF ESTATE
NUMBER RECEIVING PROPERTY (S) DECEDENT (Words) ($$$)
Do NM Llat Truatee(a)
I, TAXABLE DISTRIBUTIONS[mclude outright spousal
distributions,and transfers
under Sec.9116(a)(1.2)]
1 Carol E. Schaar Daughter 1/5 of residuary
149 North 25th Street Estate& Living Trust
Camp Hill, PA 17011
2 Linda G. Zagoric Daughter 1/5 of residuary
6401 S. West Shore Blvd. Estate & Living Trust
Apt. 1101
Tampa, FL 33616
3 Debra A. (Grahm) Graham Daughter 1/5 of residuary
232 Park Drive Estate & Living Trust
Marysville, PA 17053
Enter dollar amounts for distributions shown above on lines 15 through 18 on Rev 1500 cover sheet,as appropriate.
H. NON-TAXABLE DISTRIBUTIONS:
A.SPOUSAL DISTRIBUTIONS UNDER SECTION 9113 FOR WHICH AN ELECTION TO TAX IS NOT TAKEN
B.CHARITABLE AND GOVERNMENTAL DISTRIBUTIONS
TOTAL OF PART 11-ENTER TOTAL NON-TAXABLE DISTRIBUTIONS ON LINE 13 OF REV-1500 COVER SHEET 0.00
REV-1513 EX-(9 40)
SCHEDULE )
COMMONWEALTH OF RETURN TAX RE
INHERITANCE TAX TURN BENEFICIARIES continued
RESIDENT DECEDENT
ESTATE OF FILE NUMBER
Zagoric, Emily E
21 - 13-01254
RELATIONSHIP TO SHARE OF ESTATE AMOUNT OF ESTATE
NUMBER NAME AND ADDRESS OF PERSON(S) DECEDENT (Words) ($$$)
RECEIVING PROPERTY Do Not List Trustee(s)
I� TAXABLE DISTRIBUTIONS[indude outright spousal
distributions,and transfers
under Sec.9116(a)(1.2)]
4 Daniel J. Zagoric Son 1/5 of residuary
636 Concord Drive Estate & Living Trust
Ickesburg, PA 17037
5 Edward J. Zagoric Son 1/5 of residuary
10 Weigle Lane Estate& Living Trust
Dillsburg, PA 17019
Page 2 of Schedule J
LAST WILL AND TESTAMENT
OF
EMILY E. ZAGORIC
I, EMILY E. ZAGORIC, residing at 149 N. 25th Street, Camp Hill, PA 17011
(CUMBERLAND County), make this, my LAST WILL AND TESTAMENT, and revoke all prior
Wills and Codicils.
ARTICLE I - IDENTIFICATION - FAMILY MEMBERS
1 .1 Child or Children. I have the following children: CAROL E. SCHAAR, LINDA G.
ZAGORIC,(DEBRA A. GRAHO DANIEL J. ZAGORIC, and EDWARD J. ZAGORIC. All
references in this Will t�o,my "children" are to said named children.
V� ARTICLE 11 - DEBTS AND EXPENSES
2A Debts and Expenses. I direct my Executor to pay my funeral expenses, my medical
expenses, the costs of administration, including ancillary, and such of my enforceable debts,
other than those secured by property specifically devised under this Will or secured by
property passing outside of this Will as my Executor, with sole discretion, determines shall
be paid.
ARTICLE III - RESIDUE
3.1 Residuary Pour-Over. I devise all the residue of my estate, but expressly excluding any
property over which I have a power of appointment, of whatever kind and wherever
situated, to the Trustee of my Revocable Living Trust which I previously executed today, to
be administered in accordance with the terms of the Trust Agreement now constituted and
from time to time hereafter amended.
ARTICLE IV - FIDUCIARY APPOINTMENTS
4.1 Fiduciary Appointments. I appoint CAROL E. SCHAAR as Executor under this my Will.
If for any reason CAROL E. SCHAAR fails to qualify or ceases to act as Executor, then I
appoint EDWARD J. ZAGORIC as Executor. No Executor shall be required to furnish bond
or other security in any jurisdiction.
Law offices 4.2 Compensation of Executor. The Executor shall be entitled to reasonable compensation
Josele A.Finney for services hereunder in accordance with the Pennsylvania statutory rate then prevailing.
One Greentree Centre Notwithstanding the above, in the absence of a fee agreement executed by me during my
Suite 201
10000 Lincoln Drive East lifetime, any corporate fiduciary acting hereunder shall receive compensation for its
Marlton,New ersey
0 services in accordance with its standard schedule of rates in effect during he period in
Don, J g P
which its services are rendered. Such compensation shall be in addition to any
compensation paid to any individual fiduciary. Every fiduciary shall be reimbursed for the
reasonable costs and expenses incurred in connection with the administration of the estate.
Last Will and Testament 1
EMILY E. ZAGORIC
ARTICLE V - ADMINISTRATIVE PROVISIONS
5.1 Survival Presumptions. If any beneficiary fails to survive me 'by thirty (30) days, then
such beneficiary shall be deemed to have predeceased me.
5.2 Taxes. I direct that all estate, inheritance or other death taxes (including interest and
penalties, if any) payable under the laws of any jurisdiction by reason of my death, whether
or not the property generating such taxes passes under this Will or any Codicil (other than
any generation-skipping transfer tax, tax on property over which I have a power of
appointment, or tax imposed on qualified terminable interest property, which taxes are to be
paid according to applicable law or from said property), shall be paid out of my residuary
estate, without contribution, reimbursement or apportionment.
If my residuary estate shall be insufficient to pay all such taxes or charges, I request
that payment be sought from assets of the Revocable Living Trust which I previously
executed this date.
5.3 Facility of Payment. The Executor may make distributions and payments of income or
principal to or for the benefit of any beneficiary who is a minor, or who in such fiduciary's
judgment is incompetent or incapacitated, in any one or more of the following ways: (1)
directly to such beneficiary or to his or her attorney-in-fact; (2) directly in payment of the
debts or expenses of such beneficiary; or (3) to the Guardian of the person or property of
such beneficiary, the parent or parents of such beneficiary, a custodian for such beneficiary
under a Uniform Transfers or Gifts to Minors Act, or any other person who shall have the
care and custody of the person of such beneficiary. There shall be no duty to see to the
application of funds so paid, and the receipt of such person shall be full and sufficient
discharge.
ARTICLE VI - FIDUCIARY POWERS
6.1 Fiduciary Powers. Any power or discretion conferred upon my Executor (including any
substitute or successor Executor) under this Article or otherwise may be exercised without
court approval. In addition to all powers conferred upon them elsewhere in this Will or by
law, I authorize my fiduciaries:
(a) To retain any property for such periods of time as it shall deem advisable, without
regard to any principle of diversification and notwithstanding the same may be of a wasting
Law offices nature or may not be recognized by law as legal investments for fiduciaries;
Josele A.Fimey (b) To sell, transfer or otherwise dispose of the same at such time, to any persons in
One GSuite 0 Centre such manner either at public or private sale, and upon such terms and conditions as shall be
Suite ee p p P
10000 Lincoln Drive East deemed advisable;
Marlton, New Jersey
08053-1536
(c) To invest and reinvest my estate in stocks, bonds or other securities, notes,
mortgages, shares or other interests in investment companies or investment trusts, legal and
discretionary common trust funds or stock of a corporate fiduciary if one is named or in any
Last Will and Testament 2
EMILY E. ZAGORIC
other property, real or personal, without being limited by any statute or rule of law
concerning investments;
(d) To vote in person or by any proxy all stocks held in my estate;
(e) To exercise any election or option in connection with the computation of Federal
estate tax and federal income tax liabilities, Pennsylvania Estate Tax and/or Pennsylvania
Inheritance Tax, including disclaimers.
(f) To execute and file any federal income or gift tax returns for the year in which my
death occurred and for any years prior thereto. Any deficiency, interest or penalties as to
such tax returns shall be allocated in such manner as my Executors in their discretion deem
equitable and proper;
(g) To hold property in its own name or in the name of a nominee or bearer;
(h) To exercise the power to allocate to any property, whether or not such property is
part of my probate estate, any exemption from the federal tax on generation-skipping
transfers provided by IRC 2631 , et sec. with respect to which I am treated as the transferor;
(i) To borrow money for purposes of the administration of the estate from anyone,
including my Executor or the Trustee under the Revocable Living Trust established by me
with or without pledge or mortgage of any assets of my estate;
(j) To continue my interest in any business or enterprise, to incorporate any such
business and to hold the stock as an investment or to become a partner, general or special,
in any business which my Executor deems advisable for the benefit of my estate or to take
any other action with respect to any such business, interest, partnership or corporation;
(k) To renew, assign, extend, compromise or release, with or without consideration, or
submit to arbitration, any obligations or claims held by or asserted against my estate;
(q To allocate all stock dividends and liquidating dividends to principal and all other
dividends to income; and
(m) To make distributions either in property, or by selling property and distributing the
proceeds. In this regard, the Executor will have the sole discretion; no beneficiary under this
Will shall have any right to require a distribution of property in kind, despite any applicable
Law Offices law to the contrary.
Josele A.Finney 6.2 Accounting. It is my desire to avoid the expense and delay of a public or judicial
One Greentree Centre accounting of the administration of my estate. An accounting of my Executor approved in
Suite 201
10000 Lincoln Drive East writing by all the then current competent beneficiaries of income and principal and the
Marlton,New Jersey -
08053-1536 competent beneficiaries who would be entitled to my estate shall be conclusive and binding
upon all persons having an interest in my estate, directly or indirectly. This shall not
preclude any fiduciary from electing to submit an account for judicial settlement.
Last Will and Testament 3
EMILY E. ZAGORIC
6.3 Delegation. Any fiduciary may delegate to the other fiduciaries the right to exercise any
power (discretionary, administrative or otherwise) and may revoke the delegation at any time
by delivery of an acknowledged instrument to such other fiduciaries.
6.4 Decisions of Majority of Fiduciaries. The decision of a majority of my Executors shall be
sufficient for all decision-making purposes, and shall be effective as to all Executors.
6.5 Ancillary Administration. In the event assets of my estate are situated in any State other
than the State of my domicile which would require the appointment of an Executor in such
State to administer such assets (herein the Ancillary Executor), then any Executor appointed
hereunder who shall be qualified to act by the laws of such other State shall be permitted to
qualify and act as Ancillary Executor in such other State. In the event that no Executor
appointed hereunder shall be permitted to act in such other State, or if the laws of such
other State require the appointment of a resident therein, or if the Executor appointed
hereunder and permitted to act fails to qualify or ceases to act, then I direct my Executor to
designate a person or entity to qualify and act as Ancillary Executor without the giving of a
bond or other security. In the administration of any assets which may be subject to the
jurisdiction of such State, the Ancillary Executor shall be permitted to exercise any and all of
the powers granted to the Executor by this my Will.
ARTICLE VII - DEFINITIONS
7.1 Definitions. References in this Will to "descendant" or "descendants" shall mean child,
children, and issue, whether born or adopted before or after execution of this Will, provided
that any adoptee is under the age of eighteen (18) years at the time of adoption. The
singular shall be deemed to include the plural, the masculine the feminine, and vice versa.
Headings and captions are for reference only. /
IN WITNESS WHEREOF, I subscribe my name this day of --7 –� —, 20(-,V
EMILY E. ZAGO 1C
Law Offices
Josele A.Finney
One Greentree Centre
Suite 201
10000 Lincoln Drive East
Marlton,New Jersey
08053-1536
Last Will and Testament 4
EMILY E. ZAGORIC
SIGNED, SEALED, PUBLISHED and DECLARED by the Testator to be his/her Last Will and
Testament, in our presence and in the presence of each of us, we all being present at the
same time; and we, at his/her request, in his/her presence and in the presence of each
other, have hereunto signed our names as attesting witnesses.
(r�137S�C�3?C� NESS
)'YJYG� NESS
COMMONWEALTH OF PENNSYLVANIA 1
1 SS.
COUNTY OF CUMBERLAND 1
I, EMILY E ZAGORIC, the Testator, sign m name to this instrument this � day
of � 2005 and being first duly sworn, do hereby
declare to the undersigned authority that I sign and execute this instrument as my Last
Will and Testament and that I sign it willingly, and that I execute it as my free and
voluntary act for the purposes therein expressed; and that I am 18 years of age or older,
of sound mind and under no constraint or undue influe e�
N
EMILY AGORIC
Law Offices
Josele A.Finney
One Greentree Centre
Suite 201
10000 Lincoln Drive East
Marlton,New Jersey
08053-1536
Last Will and Testament 5
EMILY E. ZAGORIC
nn
l�Of1S �Y(Ct° uJ� and %��.���'. 5��)(o7t { the witnesses,
being first duly sworn, o each hereby declare to the undersigned authority that the
Testator signs and executes this instrument as his/her Last Will and Testament and that
he/she signs it willingly, and that each of us states that in the presence and hearing of the
Testator, we hereby sign this Will as witness to the Testator's signing, and that to the
best of our knowledge the Testator is eighteen (18) years or older, of sound mind, and
under no constraint or undue influence.
�cg�7S�aY1C✓ ea �0?,WITNESS
)F ���c �/D—/04&NESS
Subscribed, sworn to and acknowledged bef re me by EMILY E. ZAGORIC, the Testator,
and subscribed and orn to before me by 2�.ncl"c?S ,C �S"��RX�h�-f�a and
D S�2atGa S� n rC�witnesses, this 2q' day of 20 2t-
A NOTA BLIC O SYLVANIA
MY COMMISSION EXPIRES:
Law Offices
Josele A.Finney 0IMO9MV`EALTH OF PENNSYLVANIA
One Greentree Centre Nolen-!Sea
Suite 201
10000 Lincoln Drive East Don GJdel,Nbs ry Pubic
Marlton,New Jersey Cheltenham T+vp,;,fic:nt;�omery County
08053-1536 W Commission.Expres Oct 8,2009
Member,Pennsylvania Association of Notattes
Last Will and Testament 6
EMILY E. ZAGORIC
1
REVOCABLE LIVING TRUST
PREPARED BY:
LAW OFFICES OF JOSELE A. FINNEY
ONE GREENTREE CENTRE
SUITE 201
10000 LINCOLN DRIVE EAST
MARLTON, NJ 08053-1536
(856) 988-5599
REVOCABLE LIVING TRUST AGREEMENT
OF
EMILY E. ZAGORIC
r
I, EMILY E. ZAGORIC, currently residing at 149 N. 25th Street, Camp Hill, PA
1 701 1 as the Grantor, declare that I hold and administer as Trustee the property described
in Schedule A and any other property (the "trust estate") which may be added in the future
or devised by me or any other person to the Trustee, or made the Trustee beneficiary
thereof, all of which are to be held by the Trustee under the terms of this trust as provided
below.
WITNESSETH:
ARTICLE I - IDENTIFICATION - FAMILY MEMBERS
1 .1 Child or Children. I have the following children: CAROL E. SCHAAR, LINDA G.
ZAGORIC, DEBRA A. GRAHM, DANIEL J. ZAGORIC, and EDWARD J. ZAGORIC. All
references in this Trust to my "child or children" are to said named child or children.
ARTICLE II — ADMINISTRATION OF TRUST DURING MY LIFETIME
21 Assets. I, as the Grantor, have transferred, or shall forthwith transfer, those assets
listed on Schedule A. With respect to such assets, the Trustee shall invest, reinvest and
administer such assets in accordance with the terms of this Trust Agreement. I or any
other person may, with the consent of the Trustee, transfer or assign, from time to time,
additional property to the Trustee.
2.2 Administration of Trust During Lifetime. (a) I, the Grantor, hereby designate
myself as the initial Trustee and primary beneficiary of this Trust. As long as I, the
Grantor, am acting as Trustee, I shall have the power to withdraw any part or all of the net
income and principal of the trust. Any net income not so withdrawn shall be added to
principal.
(b) Upon my death, resignation or incapacity, the successor Trustee of this
Trust shall be CAROL E. SCHAAR. If CAROL E. SCHAAR fails to qualify, dies, resigns,
Law offices becomes incapacitated or otherwise ceases to act as Trustee hereunder, then I appoint the
(osele A.Finney following persons in the order listed as successor Trustee: EDWARD J. ZAGORIC. My
One Greentree Centre incapacitation shall be evidenced by the written statement of two licensed physicians
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0000 Lincoln Drive East unrelated by blood or marriage to me or to any beneficiary or Trustee of this Trust that I
Marlton, New Jersey ,
08053-1536 am unable to properly manage my financial affairs due to physical or mental infirmity.
Once such written statement is personally served upon me, I am deemed to have vacated
my office as Trustee, and the successor Trustee provisions of this Trust shall apply. The
successor Trustee shall continue to serve until such time as the successor Trustee receives
(i) a written statement of two licensed physicians unrelated by blood or marriage to me or
Revocable Living Trust Agreement 1
EMILY E: ZAGORIC, Grantor
to any beneficiary or trustee of this Trust that my capacity to serve as a Trustee has been
restored, or (ii) an order from a court of competent jurisdiction removing the successor
Trustee and reinstating me or another party as Trustee. The Grantor hereby authorizes the
release to persons named hereunder as Successor Trustees (even if such persons have not
yet begun to act as a Trustee) all individually identifiable health information and medical
records, including any written opinion regarding capacity to serve as Trustee hereunder,
and this release and authority shall apply to any information governed by the Health
Insurance Portability and Accountability Act of 1996, as amended and the regulations
promulgated thereunder ("HIPPA"), 42 USC 1320d and 45 CFR 160-164.
(c) If, during my life I cease to serve as Trustee as provided hereunder, then the
Trustee shall pay the income and principal (even to the extent of completely exhausting the
principal) from time to time to me, or to such person or persons and in such proportions, all
as I, the Grantor, may from time to time direct. During any period that in the opinion of
the Trustee, I am unable to so direct, the Trustee is authorized during my life to distribute
such amounts of net income and of the principal (even to the point of completely
exhausting the principal) to, or apply the same for my benefit, as the Trustee in its sole and
absolute discretion deems advisable to provide adequately and properly for my comfortable
support, maintenance, welfare, education, medical care and comfort. In exercising such
discretion, the Trustee shall consider my personal needs and resources. The Trustee shall
accumulate any undistributed income, and annually add the same to principal. In
permitting my Trustee to exercise such powers, I hereby expressly authorize my Trustee
to make limited gifts as would be permitted to an Attorney In Fact under 20 Pa. C.S.
5603. Any gift of principal or income of this Trust to anyone other than the Grantor
shall be considered a distribution of such assets first to the Grantor, and then a direct
transfer of such assets from the Grantor to the donee.
(d) Upon my death, the Successor Trustee herein appointed shall distribute the
assets of the Trust in accordance with Article IV of this trust instrument.
ARTICLE III - AMENDMENT AND REVOCATION
3.1 Amendment and Revocation. (a) At any time during my life, I as Grantor shall have
the right and power to alter, amend or revoke this Agreement, either in whole or in part, or
to remove any Trustee, or to appoint one or more Co-Trustees or successor Trustees,
without the consent of any Trustee or beneficiary hereunder or under any policy of
insurance, by written notice, acknowledged and delivered to the Trustee other than by
Will. Notwithstanding the foregoing, the duties, responsibilities and rate of compensation
Law offices of a Trustee shall not be altered or modified without that Trustee's written consent. These
Josele A.Finney rights are personal to me, and may not be exercised by any person having a Power of
One Greentree Centre Attorney.
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10000 Lincoln Drive East
Mar08053-1536r5ey (b) If this Trust is completely revoked, all trust property held by the Trustee shall
be transferred and delivered to me or as I otherwise may direct in the written notice to the
Trustee. In the event of my death prior to complete transfer and delivery of the trust
property, then the trust property shall be deemed to have been transferred and delivered to
me, or as I otherwise directed, as of the date of my written notice to the Trustee of
Revocable Living Trust Agreement 2
EMILY E. ZAGORIC, Grantor
complete revocation. The foregoing shall not be construed as relieving the Trustee from the
duty to make complete transfer and delivery as provided in the written notice.
ARTICLE IV - DISTRIBUTION OF TRUST AT DEATH
4.1 Personal Effects. (a) Upon my death, I devise all my clothing, jewelry, personal effects,
furniture, furnishings, household effects, automobiles, boats and other tangible personal
property (other than money), including insurance policies thereon, to my children who
survive me, to be divided among them as they shall agree. If my children fail to agree to a
distribution within ninety (90) days of my death, then I give my Trustee full discretion to
determine the division and distribution of my tangible personal property among my children
and such determination shall be binding on all persons. If none of my children survive me,
such tangible personal property shall be divided and distributed in accordance with Section
4.2 below.
(b) If any beneficiary under this ARTICLE IV is a minor, I authorize my Trustee in
such Trustee's sole discretion (1) to sell such items or any part thereof and to add the
proceeds of sale to the principal of any trust created for the benefit of such minor, (2) to
hold 'such items or any part thereof until such minor attains the age of twenty-one (21)
years,' or (3) to distribute such items or any part thereof to the minor's Guardian or
person with whom such minor resides, or directly to such minor, notwithstanding such
person may be a minor; and the receipt by any such person shall be full and adequate
discharge of my Trustee.
(c) All reasonable costs of safekeeping, insuring and shipping my tangible personal
property shall be deemed to be a general administration expense.
4.2 Distribution at Death. Upon my death, the then balance of principal and accumulated
income remaining in the trust fund shall be distributed to my children, CAROL E. SCHAAR,
LINDA G. ZAGORIC, DEBRA A. GRAHM, DANIEL J. ZAGORIC, and EDWARD J. ZAGORIC,
in equal shares; provided that, if any of my children predecease me and leave descendants
then living, such descendants shall take and receive per stirpes, that share which such
deceased child would have received if he or she had not predeceased me; and if such
deceased child leaves no living descendants, such deceased child's share shall be
distributed to my then living descendants, per stirpes. If at any time at or after my death
no descendants of mine are then living to whom any part of the trust fund created may be
distributed, then and in that event, the then trust fund shall be distributed to the persons
who under the intestacy laws of the state of domicile at my death would have been
Law Offices entitled to my personal estate.
Josele A.Finney
One Greentree Centre 4.3 Beneficiaries Under Age 21 . (a) If a beneficiary under age twenty-one (21) becomes
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Marlton,New Jersey
08053-1536 beneficiary. The fiduciary in its discretion may distribute the property directly to the
beneficiary, directly in payment of the debts or expenses of such beneficiary, to the
Guardian of the person or property of such beneficiary, the parent or parents of such
beneficiary, to a custodian for such beneficiary under a Uniform Transfers or Gifts to
Minors Act, to any other person who shall have the care and custody of the person of
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EMILY E. ZAGORIC, Grantor
such beneficiary, or to the Trustee named in this Trust. If property is distributed to the
Trustee, the Trustee shall hold the property as a separate trust for the benefit of the
beneficiary and shall pay to or apply for his or her benefit all the net income and so much
of the principal at any time and from time to time as the Trustee with sole discretion
believes advisable to provide adequately for the beneficiary's health, maintenance,
education and support in reasonable comfort.
(b) All funds not paid to or applied for the beneficiary in accordance with
Section 4.3(a) shall be paid to the beneficiary at age twenty-one (21) or to the
beneficiary's personal representative in the event of the beneficiary's death prior to age
twenty-one (21). Upon obtaining a receipt from the person to whom distribution is made,
the Trustee shall be relieved of any further obligations with respect to the property
distributed.
4.4 Perpetuities Saving Clause. (a) Notwithstanding any other provision of this instrument
but subject to (b) below, any trust created hereunder shall terminate twenty-one (21)
years after the death of the last descendant of mine living at the date of execution of
this instrument. In that event, the Trustee shall distribute the remaining portion of trust
property outright to the persons then entitled to receive the income from the trust in the
proportions in which they are beneficiaries of such income, and if no proportions are
specified, then in equal shares.
(b) Notwithstanding the foregoing, if the laws of the jurisdiction governing the
administration of this trust enable such trust to continue for a period longer than
permitted under 4.4(a) above, then the Trustee may continue such trust for the
maximum period provided under the laws of such jurisdiction.
4.5 Survival Presumptions. If any beneficiary fails to survive me by ninety (90) days, then
such beneficiary shall be deemed to have predeceased me.
ARTICLE V - TRUSTEE PROVISIONS
5.1 Bond Waiver. No bond or other security shall be required of any Trustee serving
hereunder at any time in any jurisdiction, including any successor, any provisions of law to
the contrary notwithstanding.
5.2 Co-Trustee Appointments. In the event that at any time the appointment of any
Trustee serving under any trust of this instrument would cause the principal and/or the
income of such trust to be subject to any federal or state income, gift or estate tax by any
Law offices beneficiary of such trust hereunder, by reason of such beneficiary's serving as such
JOsele A.Finney Trustee, or the appointment of such Trustee would cause such trust to fail or be
One Greentree Centre disqualified under such applicable state law, then such Trustee shall appoint an additional
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10000 Lincoln Drive East individual or corporate Trustee whose appointment under the tax or other law will not
Marlton,New Jersey
08053-1536 cause such trust to fail or be disqualified or the income or principal to be included in such
beneficiary's federal or state income, gift or estate tax.
5.3 Trustee Resignation. The Trustee and any successor Trustee of any trusts established
hereunder shall have the right and power to resign at any time by thirty (30) days written
Revocable Living Trust Agreement 4
EMILY E. ZAGORIC, Grantor
notice to me, if then living, or if I am then deceased, to any Co-Trustee then serving and
the current adult income beneficiary or beneficiaries of the trust.
5.4 Appointment of Successor Trustee. Upon the resignation of a Trustee after my death,
and if no successor is appointed hereunder, a majority of the current adult trust income
beneficiaries shall appoint one or more successor individual and/or corporate Trustees.
Such appointment shall be made by written instrument delivered to the then acting
Trustee. If no successor is appointed and qualifies in the manner stated in this Section 5.4
within thirty (30) days of the resignation of the Trustee, then the resigning Trustee or any
adult beneficiary may apply to a court of competent jurisdiction for the appointment of a
successor Trustee.
5.5 Effective Date of Resignation. The resignation of a Trustee shall become effective
upon the appointment and written acceptance of the successor Trustee.
5.6 Successor Trustee Authority. Any successor Trustee shall succeed to all the powers,
duties and discretions herein conferred upon the Trustee named herein. In the event that a
successor corporate Trustee so appointed has its principal office in a jurisdiction other than
Pennsylvania, then, except as expressly provided herein, the trusts shall be administered in
accordance with the laws of such other jurisdiction. No successor Trustee shall be liable
for any act, omission, or default of any predecessor Trustee; nor shall such successor
Trustee have any duty to audit or investigate the administration of accounts by a
predecessor Trustee.
5.7 Sole Individual Trustee Acting. If at any time there shall be acting as sole Trustee of a
trust hereunder an individual who is also a beneficiary of such trust or who has an
obligation to support a beneficiary of that trust, then and in that event, such Trustee, in
conjunction with all adult individuals having a vested income or vested remainder interest,
shall designate one or more individuals and/or a corporate banking or trust institution as
Cc-Trustee (whether such bank or trust company is located in my state of domicile) to
serve with such Trustee and to act as successor Trustee. Such designation shall be in
writing and become effective upon the qualification of such Trustee in the office in which
my Will is probated. It is my intention that no individual who is a beneficiary shall act as
sole Trustee hereunder.
5.8 Trust Uneconomical. If at any time the Trustee who is neither a beneficiary nor
obligated to support a beneficiary determines that the fair market value of any trust under
this instrument is FIFTY THOUSAND ($50,000) DOLLARS or less, the Trustee may, with
sole discretion, terminate and distribute said trust to the persons then entitled to receive or
Law Offices have the benefit of the income from the trust in the proportions in which they are entitled
Josele A.Finney thereto, or if their interests are indefinite, then in equal shares.
One Greentree Centre
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10000 Lincoln Drive East 5.9 Compensation of Fiduciaries. The Trustee shall be entitled to reasonable compensation
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08053-1536 for services hereunder in accordance with the Pennsylvania statutory rate then prevailing.
Every fiduciary shall be reimbursed for the reasonable costs and expenses incurred in
connection with the administration of the trusts.
Revocable Living Trust Agreement 5
EMILY E. ZAGORIC, Grantor
5.10 Taxes and Expenses. (a) Anything hereinabove to the contrary notwithstanding,
the Trustee shall contribute to the Executor or Administrator of my estate such amounts at
such time or times as said Executor or Administrator shall certify to the Trustee as being
required to pay all estate, inheritance, legacy, succession and transfer taxes or charges
(including any interest or penalties thereon) due and imposed by reason of my death (other
than any generation-skipping transfer tax, tax on property over which I have a power of
appointment, or tax imposed on qualified terminable interest property, which taxes are to
be paid according to applicable law or from said property); all pecuniary bequests of my
Last Will and Testament and any Codicil thereto; and all debts, funeral expenses, and
administration expenses, including commissions and counsel fees, if, and only to the
extent that my residuary probate estate shall be insufficient to meet all such taxes,
expenses, debts and charges. The certification of such Executor or Administrator shall be
accepted by the Trustee as conclusive, and payments in accordance therewith shall be a
full and complete discharge to the Trustee. Payments shall be made exclusively out of
funds or property (or the proceeds thereof) which are included in my gross estate for
federal estate tax purposes, and so far as possible, are included in my assets subject to
state death taxes.
(b) Notwithstanding the foregoing, the Trustee upon my death shall pay federal
estate taxes from the assets of the trust to the extent that-the trust holds United States
Treasury Bonds eligible for redemption at par in payment of my federal estate taxes.
5.11 Right of Removal By Beneficiaries. (a) From and after my death, a majority of the
current adult trust income beneficiaries shall have the right and power at any time and
from time to time to remove any corporate Trustee acting hereunder without cause, by
written instrument delivered to the then acting Trustee.
(b) Upon the removal of corporate Trustee, the appointment of a successor
corporate Trustee shall be made by a majority of the current adult trust income
beneficiaries, by written instrument delivered to the then acting Trustee. The effective
date of such appointment, and the authority of such successor shall be the same as
provided in this Article V for the resignation of a Trustee.
ARTICLE VI - GENERAL PROVISIONS
6.1 Insurance. (a) Payment of Premiums. In the event the assets of this Trust shall at any
time consist of life insurance policies, annuity contracts, accident policies, pension, profit
sharing, individual retirement or other retirement plan or death benefits (hereunder referred
to as "policies") of which I have designated the Trustee as beneficiary, the Trustee shall be
Law offices under no obligation to pay the premiums which may become due and payable under the
Josele A.Finney provisions of any such policies, or to make certain that such premiums are paid by me or
One Greentree Centre others, or to notify any persons of the non-payment of such premiums, and it shall be
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(b) Exercise of Rights. During my lifetime I reserve the absolute right to exercise any
and all incidents of ownership, including the right to change the beneficiary at any time or
times, to receive the dividends, to borrow thereon, to convert the policy into other forms
of insurance, to collect the cash values, or to permit the policy to lapse. The Trustee shall
Revocable Living Trust Agreement 6
EMILY E. ZAGORIC, Grantor
execute such releases and other papers as may be required to effectuate my ownership of
such policies.
(c) Collection of Policy Proceeds. Upon my death, with respect to any such policy,
the Trustee shall take such action as is appropriate for the collection of the proceeds of the
policies, but shall not be required to institute legal action unless secured to its satisfaction
for all expenses and liabilities it might incur. The Trustee shall collect only the net
proceeds of policies payable to it. All loans, advances or other charges against any policy
shall be deducted from the proceeds thereof. The Trustee, in its discretion, may accept
any optional mode of payment provided in any policy.
(d) Responsibility of Third Party. No third party making payment of policy proceeds
to the Trustee shall be responsible for the application or disposition of such proceeds by
the Trustee. Receipt by the Trustee of such proceeds shall be a full discharge of the
liability of such third party under such policy.
6.2 Discretionary Powers. Other than the Grantor, no individual Trustee who is a
beneficiary of a trust hereunder or obligated to support a beneficiary hereunder shall
participate in deciding whether or to what extent principal or income shall be distributed or
applied to or for his or her benefit or for the benefit of any person to which such Trustee
has an obligation of support, or whether any receipt or disbursement shall be allocated in
whole or in part to or against principal or income, or to terminate any trust hereunder,
unless such decision is limited by an ascertainable standard as defined in IRC 2041 (b). All
said powers shall be exercisable by the other Trustee serving hereunder, and if there be
none, such discretion shall not be exercised until a Trustee is appointed who is capable of
exercising the same. Notwithstanding the foregoing, in no event may any Trustee exercise
any discretion which would discharge his or her legal obligation to support a beneficiary of
a trust.
6.3 Interest Non-Assignable. No beneficiary shall, voluntarily or involuntarily, have any right
to anticipate, sell, assign, mortgage, pledge, or otherwise dispose of or encumber all or any
part of my trust estate, nor shall any part of my trust estate, including income, be liable for
the debts or obligations, including alimony, of any beneficiary or be subject to attachment,
garnishment, execution, creditor's bill, or other legal or equitable process.
6.4 Facility of Payment. The Trustee may make distributions and payments of income or
principal to or for the benefit of any beneficiary who is a minor, or who in such fiduciary's
judgment is incompetent or incapacitated, in any one or more of the following ways: (1 )
directly to such beneficiary or to his or her attorney-in-fact; (2) directly in payment of the
Law offices debts or expenses of such beneficiary; or (3) to the Guardian of the person or property of
Josele A.Finney such beneficiary, the parent or parents of such beneficiary, a custodian for such beneficiary
One Greentree Centre under a Uniform Transfers or Gifts to Minors Act, or any other person who shall have the
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10000 Lincoln Drive East care and custody of the person of such beneficiary. There shall be no duty to see to the
Marlton,New Jersey
08053-1536 application of funds so paid, and the receipt of such person shall be full and sufficient
discharge.
6.5 Disinheritance and No Contest. I intentionally and with full knowledge make no
provision in this Trust for any of my heirs who are not specifically mentioned in the trust
Revocable Living Trust Agreement
EMILY E. ZAGORIC, Grantor
document. In the event any beneficiary of this Trust shall contest either the validity of this
trust or my will, or challenge the interpretation of any provision of either document by my
Executor or Trustee, any devise to such individual or entity contestant is revoked, and this
trust shall be administered and distributed as if such individual contestant had predeceased
me without descendants then surviving, or if such contesting entity was not in existence
at my death.
6.6 Reliance Any party dealing with the Trust may rely on the original trust document as
presented. In the absence of actual notice of any revocation or amendment to the terms
of this Trust, it shall be conclusively presumed that the Trust is in full force and effect as
stated herein. The Trustee shall be solely responsible for the manner in which Trust assets
are applied, and no party paying money or delivering property to the Trustee shall be held
responsible for its application.
6.7 Elections. I authorize the Executor of my estate and my Trustee may make such
elections and allocations under the tax laws as shall be deemed advisable. Such elections
shall include, but are not limited to, the following:
(a) Generation-Skipping Transfers. The Executor of my estate may allocate any
part of my generation-skipping tax exemption which I have not irrevocably utilized during
my lifetime in such manner as the Executor shall determine. The purpose of this provision
is to decrease the amount of any generation-skipping tax owed on transfers from the
Trust. Any other tax and non-tax issues shall be considered by the Trustee and
generation-skipping tax consequences may be disregarded to the extent deemed necessary
to fulfill the decedent Grantor's intentions in creating the Trust. If, in the Trustee's
discretion he or she determined that any statute, regulation, court decision or
administrative ruling imposes different or additional requirements on the trust in connection
with the generation-skipping tax, the Trustee may petition a court of competent jurisdiction
to amend the terms of the Trust to meet those requirements.
(i) The Executor may elect not to have the deemed allocation provisions
of Section 2632(b) of the Internal Revenue Code apply to transfers made by me during my
lifetime.
(ii) To the extent that the allocation of any generation-skipping tax
exemption would not result in a particular trust being completely exempt from the
generation-skipping transfer tax, the Trustee may separate such trust into two trusts, one
of which is fully exempt from and one of which is fully subject to the generation-skipping
tax. In the case of a trust which has not received assets at the time the exemption is
Law Offices allocated, the separation shall occur prior to any funding of the trust. A trust which is
Josele A.Finney completely exempt from the generation-skipping transfer tax shall be referred to as an
One Greentree Centre "exempt trust" and a trust which is subject in any part to the generation-skipping tax shall
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08053-1536
(iii) If the Trustee separates a trust into an exempt trust and a non-
exempt trust under the immediately preceding paragraph:
Revocable Living Trust Agreement $
EMILY E. ZAGORIC, Grantor
(1) Any beneficiary who has a power of appointment of both an
exempt trust and a non-exempt trust may exercise the two powers differently.
(2) The percentage or fraction of principal that a beneficiary may
withdraw shall be calculated with respect to the total principal held in both the exempt and
non-exempt trusts, provided that so long as there is any principal held in the non-exempt
trust, to the maximum extent possible any withdrawal shall be paid from the non-exempt
trust.
(3) If the Trustee has the discretionary power to distribute income
of a trust among "skip persons" and "non-skip persons" as defined in Section 2613(b) of
the Internal Revenue Code, the Trustee may distribute the income of the exempt trust
differently from that of the non-exempt trust.
(4) No power to expend principal of an exempt trust for a
beneficiary who is a "non-skip person" as defined in Section 2613(b) of the Internal
Revenue Code may be exercised by the Trustee so long as there is any principal held in a
non-exempt trust and in which the Trustee has a similar power to expend principal for such
beneficiary.
(iv) In making any distributions hereunder to trusts or other beneficiaries,
my fiduciaries may allocate assets which are exempt from generation-skipping tax equally
or pro rata or on such other basis as they shall in their sole and absolute discretion
determine, taking into account possible needs of beneficiaries for distributions of principal,
possible appreciation in the value of trust assets during the lifetimes of the beneficiaries or
such other factors as the fiduciaries consider significant.
(v) In those instances where I have directed that principal from one trust
be added to the principal of another trust, then the principal from an exempt trust shall be
added only to the principal of another exempt trust, and the principal from a non-exempt
trust shall be added only to the principal of another non-exempt trust, provided that if in
either case there is no comparable exempt or non-exempt trust, then the Trustee shall hold
such exempt or non-exempt principal in a separate trust pursuant to the same terms.
(vi) The Trustee may combine into a single trust two exempt trusts for
the benefit of the same beneficiary; similarly, the Trustee may combine nonexempt trusts
for the same beneficiary.
(b) S Corporations and Qualified S Corporation Trust (ASST). Notwithstanding
any other provision in this Trust, if for any reason any trust created hereunder shall at
Law offices any time be or become the owner of any shares of stock of a corporation that is an S
JoseleA.Finney corporation (as such term is defined in Section 1361 (a) of the Internal Revenue Code)
One Greentree Centre then the Trustee is authorized and directed to take whatever steps the Trustee deems
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Marlton,New Jersey
08053-1536
(c) Making of Elections. Such elections and allocations shall be made without regard
to the relative interests of the beneficiaries. No adjustments shall be made between
principal and income, or in the interests of the beneficiaries, to compensate for the effects
of such elections and allocation. Any decision made by the Executor or Trustee with
Revocable Living Trust Agreement 9
EMILY E. ZAGORIC, Grantor
I
respect to the foregoing shall be binding and conclusive on all persons and not subject to
question by any beneficiary or court, and the Executor and Trustee shall have no liability as
a result of any such decision.
ARTICLE VII - FIDUCIARY POWERS
7.1 Fiduciary Powers. Any power or discretion conferred on the Trustee hereunder,
including any substitute or successor Trustee, (whether under this Section 7.1 or
otherwise) may be exercised without court approval. In addition to all powers conferred
elsewhere in this Trust or by law, I authorize the Trustee:
(a) To retain any investments or property owned by me at the time of my death
or acquired thereafter for so long as shall seem prudent, without restriction to investments
authorized by law;
(b) To invest and reinvest and acquire by purchase, exchange or otherwise, and
retain, any kind of realty and personalty, including common stocks, bonds or other
securities and unsecured obligations, undivided interests and interests in investment trusts,
mutual funds, options, leases, mortgages on property wherever located, in such property
and in such proportions of such property wherever located as they shall deem advisable,
including custody or brokerage accounts (including margin accounts), common trust funds,
banking deposits or stock of a corporate fiduciary if one is named, even though such
investments are not of the character or proportions approved by applicable law for the
investment of such funds;
(c) To make repairs, manage, mortgage, lease, improve, alter, abandon or
subdivide any real estate or grant easements with respect thereto, regardless of location,
for periods to begin presently or in the future without regard to any statutory restriction on
leasing and even though such period may extend beyond the term of the estate or of any
trust;
(d) To sell or exchange or otherwise dispose of realty or personalty received by
them or any investment at or after my death at such time, price and terms, wholly or partly
on credit as shall seem advisable at public or private sale, and exercise stock options, all
without notice to any beneficiary or court approval;
(e) To amortize bond premiums and to borrow money for purposes of my estate
Law Offices or any trust and pledge or mortgage any property in order to secure repayment from any
source, including, but not limited to, the Executor of my estate or the Trustee, regardless
JOSeleA.FiMey of any relationship to me or to a fiduciary acting hereunder, for periods and conditions as
One Greentree Centre shall be deemed advisable, and secure repayment of the amount borrowed by pledge or
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08053-1536
(f) To pay the costs of ancillary and similar proceedings in other jurisdictions
from funds or property held in the state of my domicile;
(g) To make distributions in cash or in kind or partially in each, to allot different
Revocable Living Trust Agreement 10
EMILY E. ZAGORIC, Grantor
kinds or disproportionate shares or undivided interests in property for the purpose of
distribution in kind or setting up any trust, and to determine which assets shall be sold, to
select such securities or property as they deem advisable, without regard to differences in
tax bases of any such property and without notice to or consent of any beneficiary; and
for this purpose, the determination of my Trustee as to the value of any property shall be
conclusive;
(h) To vote in person or proxy and to become party to any voting trust
agreement for any securities held and to hold property in my Trustee's own name, in the
name of a nominee or in bearer form;
(i) To compromise, settle, renew, assign, alter, extend, release with or without
consideration, debts, claims or controversies which affect trust assets without obtaining
the consent of any beneficiary;
(j) To merge any trust created hereunder with any other trust created by me by
Will or inter vivos trust agreement, provided the beneficiaries, terms, and tax
characteristics thereof are substantially the same;
(k) To make such elections and allocations under the tax laws as shall be
deemed advisable, including those under the federal estate tax, federal income tax,
Pennsylvania Estate Tax, Pennsylvania Inheritance Tax, and Pennsylvania income tax laws,
including disclaimers; to exercise or not exercise any election, option, or deduction of
administration expenses in connection with the computation of federal estate tax or federal
income tax liabilities of my estate, regardless of the fact that the federal estate tax on my
estate is thereby increased or that there is a change in the proportions in which various
persons share in my estate; to allocate between, or charge or credit to, income or principal
any money, property or expenses of any trust in such manner as shall be deemed
advisable, without regard to any statutory restrictions; and to establish and maintain
reserves for depreciation on any property subject thereto under generally accepted
accounting principles as a charge against income and a credit to principal. My fiduciaries
shall have no liability for or obligation to make compensating adjustments between
principal and income or in the interests of the beneficiaries by reason of having made or
not made any such election. Any decision made by my fiduciaries with respect to the
foregoing shall be binding and conclusive on all persons and not subject to question by any
beneficiary or court, and my fiduciaries shall have no liability as a result of any such
decision;
Law offices (1) To employ and pay compensation of accountants, legal counsel, brokers and
other agents, regardless of their relationship to me or to a fiduciary acting hereunder, and
Josele A.Finney to pay Trustee's commissions and attorney's fees on account without beneficiary or court
One Greentree Centre approval, but subject to allowance or disallowance on the settlement of their accounts;
Suite 201
10000 Lincoln Drive East
Maz08053-536r5ey (m) To retain and continue my interest in any business or enterprise, in which I
may own or in which I have an interest, to employ agents to manage and operate any
business without liability for acts of such agent, or for any loss, liability, or indebtedness of
any such business if the management is selected or retained with reasonable care; and use
funds of any trust hereunder in the management of such business; to incorporate any such
Revocable Living Trust Agreement
EMILY E. ZAGORIC, Grantor
business and to hold the stock as an investment or to become a partner, general, limited or
special, in any business which my Trustee deems advisable for the benefit of my estate or
to take any other action with respect to any such business, interest, partnership or
corporation;
(n) To lend money to my estate, or to such persons and/or entities regardless of
any relationship to me or to a fiduciary acting hereunder, upon such terms but with
adequate interest and security as Trustee may, from time to time, deem advisable, all
without obtaining the consent of any beneficiary;
(o) To purchase assets from my estate at fair market value; or exchange assets,
including cash, with my estate, at fair market value;
(p) To move the situs of any fund established hereunder from any state to any
other state in the United States;
(q) To make gifts, grants or other transfers without consideration from the
assets of the Trust as authorized under Section 2.2 hereunder;
(r) To pay the Grantor's funeral expenses, medical expenses, the costs of
administration, including ancillary, and such of Grantor's enforceable debts as my Trustee,
with sole discretion, determines shall be paid;
(s) To take any and all legally acceptable action to pursue any technique or
strategy, which may serve to advance the Grantor's eligibility for Government Benefits,
including Social Security, Medicare, Medicaid and Supplemental Security Income;
provided, however, that the Trustee shall make reasonable efforts to preserve the goal of
the provisions of this Trust that dispose of property at the Grantor's death to the
maximum extent possible under the circumstances;
(t) To disclaim property passing to the Trustee without court order or approval
of beneficiaries, (including property that has potential to cause liability under
environmental laws) and to recognize a beneficiary's disclaimer of property distributable
to a beneficiary if made in accordance with requirements for a disclaimer pursuant to IRC
Section 2518;
(u) To divide any trust, whether existing or to be established, into two or more
separate smaller trusts, without any requirement for said trusts to be equal in value or
for discretionary distributions to be made proportionately among said trusts, if the
Law Offices Trustee believes such division may achieve desirable tax results, promote easier
administration, or be in the best interests of the Trust or its beneficiaries;
Josele A.Finney
One Greentree centre (v) To address any environmental issues which may arise with respect to any
Suite 201
10000 Lincoln Dave East property, real or personal, held by the Trust, in any manner the Trustee deems appropriate,
Marlton�sisa6rsey which may include (i) conducting environmental audits and site monitoring to determine
compliance with applicable environmental laws; (ii) taking remedial action to contain,
cleanup or remove any environmental hazard, including a spill, release, discharge or
contamination, either on the Trustee's own accord, or in response to environmental
regulations; (iii) to defend, settle, or act upon legal proceedings commenced by any
Revocable Living Trust Agreement 12
EMILY E. ZAGORIC, Grantor
government agency regarding environmental laws; (iv) comply with any government
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 in
or perform the above actions. The Trustee shall not be liable for any loss or depreciation
in value sustained by the Trust as a result of the Trustee retaining any property upon
which there is later discovered to be hazardous materials or substances requiring action
pursuant to any federal, state, local or foreign environmental law unless the Trustee
contributed to the loss or depreciation in value through willful default, willful misconduct or
gross negligence. Notwithstanding any provision in the Trust to the contrary, the Trustee
may make distribution to a beneficiary contingent upon signing and delivering to the
Trustee an agreement agreeing to indemnify the Trustee against any claims filed against
the Trustee under CERCLA, or any other applicable environmental law; and
(w) In general, to exercise any additional powers which I might exercise if I were
living, competent, and the absolute owner of any property at any time held hereunder.
7.2 Accounting. It is my desire to avoid the expense and delay of a public or judicial
accounting of the administration of the trusts created hereunder. An accounting of my
Trustee approved in writing by all the then current competent beneficiaries of income and
principal and the competent beneficiaries who would be entitled to the trust if it were then
to terminate shall be conclusive and binding upon all persons having an interest in the
trusts created hereunder, directly or indirectly. This shall not preclude any fiduciary from
electing to submit an account for judicial settlement.
7.3 Delegation. Any fiduciary may delegate to the other fiduciaries the right to exercise
any power (discretionary, administrative or otherwise) and may revoke the delegation at
any time by delivery of an acknowledged instrument to such other fiduciaries.
ARTICLE VIII — MISCELLANEOUS PROVISIONS
8.1 Definitions. References in this Trust to "descendant' or "descendants" shall mean
child, children, and issue, whether born or adopted before or after execution of this
agreement, provided that any adoptee is under the age of eighteen (18) years at the time
of adoption. The singular shall be deemed to include the plural, the masculine the
feminine, and vice versa. Headings and captions are for reference only. All references
hereunder to the "Internal Revenue Code" are to the Internal Revenue Code of 1986, as
amended, and the regulations now and hereafter promulgated thereunder.
8.2 Certificate of Trust. A Certificate of Trustee Authority and Power signed by a majority
Law Offices of the then acting Trustees of the Trust and .acknowledged in the presence of a Notary
Josele A.Finney Public shall constitute conclusive evidence to all persons and entities of the facts stated in
One Greentree Centre said certificate respecting the terms of the Trust and the appointment of Trustees.
Suite 201
10000 Lincoln Dave East
Mutton,New
08053-1536 Governing L This Agreement and the Trust established hereunder shall be governed
J 8.3 overn Law. g
by the laws of the Commonwealth of Pennsylvania.
8.4 Acceptance of Trust. The Trustee hereby accepts the Trust established hereunder.
Revocable Living Trust Agreement 13
EMILY E. ZAGORIC, Grantor
8.5 Name of Trust. This trust shall be k wn as the EMILY E. ZAGORIC REVOCABLE
LIVING TRUST Dated 20
c
W EMILY E. 7 ORIC rti r and Trustee
.� Slccnf�J• �Id WITNESS
ywl;��t`sS
COMMONWEALTH OF PENNSYLVANIA )
) SS.
COUNTY OF CUMBERLAND 1
BE IT REMEMBERED, that on this 2tp day of --��� 20011�'r
before me, the subscriber, a Notary Public of the Commonwealth of Pennsylvania,
personally appeared EMILY E. ZAGORIC, who, 1 am satisfied, is the person named in and
who executed the within Instrument, and thereupon he acknowledged that he signed,
sealed and delivered the same as his act and deed, for the uses and purposes therein
expressed.
A T RY PU F PENNSYLVANIA
MY COMMISSION EXPIRES:
Law Offices �pgMpNWEALTH OF PENNSYLVANIA
Josele A.Firmey Nola�al Seal
Don God:t,ivaiary PUb',ic
One Greentree Centre CheftenharnTwp,kJlonigomcry County
Suite 201
10000 Lincoln Drive East My Commis>i0n F_�F1r2S Oa.8,2
Marlton,New Jersey Member,Pennsylvznia Association of Notade5
08053-1536
Revocable Living Trust Agreement 14
EMILY E. ZAGORIC, Grantor
SCHEDULE A
The property under the foregoing Trust Agreement shall consist of the following:
All BANK ACCOUNTS
ALL STOCKS AND BONDS
ALL REAL ESTATE
ALL ACCOUNTS RECEIVABLE
ALL BUSINESS ASSETS
ALL MOTOR VEHICLES AND OTHER PERSONAL PROPERTY
ALL ASSETS OF ANY KIND AND WHEREVER LOCATED
(The Assets listed on this Schedule A are for purposes of illustration and may not list all
assets of the Trust. Therefore, this Schedule A shall in no way be interpreted to limit
the amount or number of assets actually owned by the Trust.)
Law Offices
Josele A.Finney
One Greentree Centre
Suite 201
10000 Lincoln Drive East
Marlton,New Jersey
0$053-153£
Revocable Living Trust Agreement 15
EMILY E. ZAGORIC, Grantor
1
BILL OF SALE
THIS BILL OF SALE, which is effective as of the date set forth below, is by and
between EMILY E. ZAGORIC as both the Grantor and the Trustee of the EMILY E. ZAGORIC
REVOCABLE LIVING TRUST dated of even date herewith. The Grantor hereby assigns and
transfers to the Trustee all of the Grantor's right, title and interest in and to all tangible
personal property owned by the Grantor. The term "tangible personal property" refers to
articles of personal or household use now or hereafter acquired by the Grantor, including, by
way of illustration, the following: all clothing, jewelry, personal effects, furniture, furnishings,
household effects, tools, antiques, sporting equipment, club memberships, glassware, china,
silver and silverware, appliances, precious stones, gardening equipment, farm or business
personal property, rugs, fixtures, books, automobiles, boats and other similar items of property
(other than money), including insurance policies thereon.
//�� EMILY E. Z ORIC, Tr tee,V
Vc)�S�CZd'iC� �!`� 6J"24� �I�NESS
3
FTtoc19 S�er `>ic% TNEss
COMMONWEALTH OF PENNSYLVANIA )
) SS.
COUNTY OF CUMBERLAND )
BE IT REMEMBERED, that on this 2.� day o�� 200
Law Offices before me, the subscriber, a Notary Public of the Commonwealth of Pennsylvania, personally
appeared EMILY E. ZAGORIC, who, I am satisfied, is the person named in and who executed the
JOSeleA.Finney within Instrument, and thereupon he or she acknowledged that he or she signed, sealed and
one creentree Centre delivered the same as his or her act and deed, for the uses a d purposes therein pressed.
Suite 201
10000 Lincoln Drive East
Marlton,New Jersey
08053-1536
A NOTA P BLIC O PENNSYLVANIA
MY COMMISSION EXPIRES:
Vu1 gL7 H OF PENNSYLVAlA
Sed
Ron Go"-,'t`.,;;ttryjPublic
{ifiE�ifBn}tam twp.;Mor4poy CCMy 8,2009
Umber,Pennsylvania Association of Notalles
Prepared by: Darwin N.Roseberry, Attorney at Law
524 West Market Street 000005
Perkasie, PA 18944
(215)453-9993
Return to: Kaehall Estate Planning Coordinators
200 Apple Street, Suite 1
Quakertown,PA 18951
(800)736-0626
Parcel No. 01-21-0271-243
QUIT CLAIM DEED-
This conveyance is made this day of i!y 'T 2 co
between EMILY E. ZAGORIIC, widow and a single pers no , Grantor(s), residing at 149
North 25th Street, Camp Hill, PA 17011, and EMILY E. ZAGORIC, Trustee of-'the
TRUST,E. ZAGORIIC REVOCABLE LIVING RUST, Dated: f lf'S J5-P
0� Grantee(s), residing at 149 North 25th Street, Camp Hill, PA 17011, Cumberland
County.
IN CONSIDERATION of One Dollar (1.00), in hand paid, the receipt of
which is acknowledged, Grantor(s) hereby release(s) and quitclaim(s) to Grantee(s), all that
property located in the County of Cumberland, State of Pennsylvania, described as follows;
_ See legal description attached hereto as EXHIBIT "A':
X Uh'i-
EMILY E. ZAG RIIC v
Grantor
This foregoing instrument was here and now subscribed by EMILY E. ZAGOIIC, in the
presence of each of us, and we, at her request, signed our p�gmes hereto in her presence, and in the
presence of each other as attesting witnesses on this 4;_ day of 14A-1 7f�
1 .
Signature of Witnesp Address of Witness
X pp re Of of Wit Addres f� z���
STATE OF PENNSYLVANIA
COUNTY OF
r
On this the day of 1%1 �? f/, before me, the
undersigned officer, personally appeared'EMILY E. ZACOISIC, known to me or
satisfactorily proven to be the person whose name t subscribed to the within instrument and
j acknowledged that she executed the same for the p..rposes therein contained. IN WITNESS
WHEREOF, I set my hand and official seal:
x
I, the Grantee,hereby certify by my signature Woeary Public
i
below that my precise address is: My Comm. Expires'
149 North 25th Street, Camp Hill,PA 17011
C/ � '�'
x
EMILY E. ZAGORIC
Trustee, Grantee '(XW=Don 001aALTH 01c PEMSYLVANIA
rl;blic tSomely Couniy
es;act a,�009
Member,PennsyIvania Association of Notaries
I
Y 1
EXHIBIT "A„
01-21-0271-243
Parcel No.
ALL THAT CERTAIN tract or piece of land situate in the Borough of Camp Hill,
Cumberland County, Pennsylvania,bounded and described as follows:
BEGINNING at a stake at the Southeast comer of North 25th Street, formerly known
as Locus Avenue, and Pear Alley; thence eastwardly at right angles to North 25th Street
along Pear Alley 159.38 feet to a stake on Willow Street; thence southwestwardly along
Willow Street, 69.77 feet to an iron pin at the northeast corner of lot No 5 on the plan
hereinafter referred to; thence westwardly along the northern line of lot No. 5 in said plan,
133.97 feet to a stake on North 25th Street; thence northwardly, at right angles to the
northern line of lot No. 5, along North 251th Street, 65 feet to a stake on Pear Alley at the
place of beginning.
The above description is in accordance with a draft or plan prepared on January 13,
1950 by D. P. Raffenspergor, Registered Surveyor, from a survey of said land made by him.
BEING lots numbers 6, 7 and 8 in section "D" on the plan of lots laid out by Arthur
R. Rupley and Caleb S. Brinton known as Plan No. 2,First Edition to Camp Hill,which plan
of lots was also known as the Bowman tract, in which plan is recorded in the office of the
recorder of deeds in Plan Book No. 1,page 5.
HAVING thereon erected a two and one-half story frame dwelling house, known as
149 North 25th Street, Camp Hill, Pennsylvania.
SUBJECT, nevertheless to the restrictions that no building or part of any building or
buildings shall be erected on said premises within 20 feet of the inner curb line on North
25th Street, which was formerly known as Locus Avenue.
TOGETHER with all the right, title and interest of the parties of the first part their
heirs and assigns in and to Willow Street and the part of Willow Street immediately
adjoining the above described property on the East, which street has never been opened.
BEING THE SAME PREMISES which C, Raymond Myers, Executor of the Estate
of Hudson O. Hughes, by .Deed dated January 17, 1972 and recorded in Cumberland County
i
Deed Book L24, page 659, conveyed unto David R. Zagoric and Emily E. Zagoric, his wife.
r
"THAT David R. Zagoric has since departed this life on July 29, 2008, survived by
his wife, Emily E. Zagoric in whom title vested absolutely by virtue of the tenancy by the
entirety.
ROBERT P. ZIEGLER _
i
RECORDER OF DEEDS t:
4:
CUMBERLAND COUNTY ' =�
1 COURTHOUSE SQUARE = -
CARLISLE, PA 17013 4 ;
717-240-6370 _ a '
ee
Instrument Number-200916802
Recorded On 5/21/2009 At 1:54:47 PM *Total Pages- 5
*Instrument Type-DEED
Invoice Number-44154 User ID-AF
*Grantor-ZAGORIC,DAVID R
*Grantee-ZAGORIC,EMILY E
'Customer-ZAGORIC
*FEES
STATE WRIT TAX $0 .50 Certification Page
STATE JCS/ACCESS TO $10. 00
JUSTICE
RECORDING DETACH FEES — $13.50
RECORDER OF DEEDS
PARCEL CERTIFICATION $10. 00 This page is now part
FEES of this legal document.
j AFFORDABLE HOUSING $11.50 -
COUNTY ARCHIVES FEE $2. 00
ROD ARCHIVES FEE $3. 00
CAMP HILL SCHOOL $0.00
DISTRICT
CAMP HILL BORO $0.00
TOTAL PAID $50.50
I Certify this to be recorded
in Cumberland County PA
4j
of CUgye�
G 98
RECORDER D
`-Information denoted by an asterisk may change during
the verification process and may not be reflected on this page.
OOOQOS