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Home My WebLink About02-0848 . MacFLREE HARVEY Duke Schneider (610)436-0100 (610) 429-4486 Fax e-mail: dschneider@macelree.com www.macelree.com MacElree Harvey, Ltd. Attorneys at Law 17 West Miner Street Post Office BOJ: 660 West Chester, PA 1938\-11660 ~ 1-f):1- r'lV September 18,2002 Register of Wills Cwnberland County Courthouse I Courthouse Square Carlisle, P A 17013 Attn: Sue Kosan VIA FEDERAL EXPRESS RE: The Trust Estate of Paul D. Kister Social Security No. 716-18-1170 Date of Death: December 20, 2001 Dear Sue: Following up on our telephone conversation of today, I have enclosed a check in the amount of $75,000.00 for the tax due with the Inheritance Tax Return. As I explained, we have requested an extension to file the return. I have enclosed a copy of our extension request. As I also explained, this estate will not be probated, as all assets were held by the decedent's Living Trust. As you requested, I have also enclosed an Estate Information Sheet and Death Certificate. If you have any questions concerning the return, please contact me at the ..aileve nwnber. ;...~.,. d ._" ;--.J Sincerely, ~. ~ Duke Schneider DS/das Enclosures cc: David Brown, PNC Bank (via facsimile) 167746_1 t>.J COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF REVENUE BUREAU OF INDIVIDUAl TAXES DEPT. 280601 HARRISBURG, PA 17128-0601 REV.1162 EXlll.96) RECEIVED FROM: PENNSYLVANIA INHERITANCE AND ESTATE TAX OFFICIAL RECEIPT SCHNEIDER DUKE MACElREE HARVEY l TD 17 WEST MINER ST PO BOX 660 WEST CHESTER, PA 19381-0660 ------- fold ESTATE INFORMATION: SSN: 716-18-1170 FILE NUMBER: 2102-0848 DECEDENT NAME: KISTER PAUL D DATE OF PAYMENT: 09/19/2002 POSTMARK DATE: 0010010000 COUNTY: CUMBERLAND DATE OF DEATH: 12/20/2001 NO. CD 001637 ACN ASSESSMENT CONTROL NUMBER AMOUNT 101 I $75,000.00 I I I I I I I I TOTAL AMOUNT PAID: REMARKS: PNC BANK C/O DUKE SCHNEIDER CHECK# 11705999 SEAL INITIALS: SK RECEIVED BY: REGISTER OF WILLS $75,000.00 MARY C. lEWIS REGISTER OF WillS H105.805 REV9f86 This is to certifY that the infotmation here given is correctly copied from an original certificate of death duly filed with me as Local Registrar. The original cettificate will be forwarded to the State Vital Records Office for petmanent filing. WARNING: It is Illegal to duplicate this copy by photostat or photograph. Fee for this certificate, $2.00 p 7886422 No. /'1 ?;;Z vi::': ~.~~ Local Registrar DEe 2 0 200t Date .)fWv.2IP COMMONWEAlTH OF PENNSYLVANIA .. DEPARTMENT OF HEALTH. VITAL RECORDS CERTIFICATE OF DEATH ~ClOEClOENTtf.....~ ..... PAUL , K/STEK.. L M D .. -....- S1llllIFU~ SCiClALSlECUIlITYNUMfI(" L 'fft. -IE - 11't(J ORIEOI'OERH....,....~ '..,. L DEeE/I?I3E'<!' oZO.r.aJ1 .....10.- QllrIEO'...... ~~_ 1'l.ACE00DERHlCJooIcloCll'lf_-__Iln.-.._. .....l....... AIt\::-'~'~~ snrwN- ttOII'faLo 0 rtHoIISTH".,I? . PENII5V~IJ,.,JIA - - arv.IOMO._ OI'DEAI'H NMlEtI'nllII-........___runwr. n...-. ' . ~c., I R.E.ME~t SOUTH Mi[)/)J.ETON t!ttrn.8E1!.f-flNI) e12.0SSlflCS Cdn''''"Nlro; WdOfCUlENTEVIE"1N 0ECEDlMT'S1iOl.ICIIlON U.S.".,..p)fOIlCIS1 ...Illf ..0 -...... - - 24.... """"" tl.!mflCR.lAND a.......... ..'. 'LNNSYJ,IJllN If! ......1CflNG... SUCN ...... F.9 013.9:1. L ..................--...................... .1>.C...+I'- \-...'J ( ~.J-J -""-- :. ~':lA :J '\ ?_ l;. e--.........~.~..................... Do.........IIllIIIe"...........~...~..._~."'-c\..... UII..,___....... ~ (. :Io'\O""-<.J..... tlUf1OICR.-&ACONSlCIJINCEOf): QW:lO.....sACOfrcS[OUIENCEQ=t: ...0 ---~~ -~= g ""....... .""- - o o o ~1N.AlftY,.__."",,-,ledINy.oIIct --- - -- c...III....~..........., .. - - t:::BIIIf8.a.-anyOl"et .CIIIII...I'It'IeIQM~~_.................,.,...__~...._~....23J ............................___.......--cet...-'-........... h......................................... .; ~TIIHDClllQ'YINClJIIf'ftICtM~IIllIlC~_....~ID.:_oIdMlh' _..........,.................-.wrM............... .....................aueeceJ...--................................. " -...c.tL"'''--''~ o....IUllIII.,......................................II'I...,.................--.. ........ ...........,.... Md.........auMf.l..... .................................................................................................................. n. ~ k>i',/of'f,/(1 "- ....0 :::"0 ... - ...... - MAfIIIML ......... --- -- 111 f1.e:iED ,ail --.......... -- Ill.............. -... OYJ,.E12.- C,?I!/..iSi E;>19 /'7 () /3 .. (1I/m,o /1/4-- I'll /7,,1/ \I,' .....''t:::.''r . fJ )_c..-r. ...181 PlIRI_ c........,.......................... ........................_..._MATL I r-..'- -"'...- IIfJUIW R WClNCI -=-- HOWlM.IUfIYOCC\lNWO. .. 0 NeD ..., o "- .... ... 0.1 "v COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF REVENUE BUREAU OF INDIVIDUAL TAXES DEPARTMENT 280601 HARRISBURG, PA 17128-0601 October 9,2002 '02 OCT 11 ~.J6 Telephone (717) 787-3930 FAX (717) 772-0412 Law Offices of MacElree & Harvey 17 West Miner St. P.O. Box 660 West Chester, Pa.19381-0600 l. f>' , ..t. Re: Estate of Paul D. Kister File Number 2102-0848 Dear Mr Bellinghieri: This is in response to your request for an extension of time to file the Inheritance Tax Return for the above estate. In accordance with Section 2136 (d) of the Inheritance and Estate Tax Act of 1995, the time for filing the return is extended for an additional period of six months. This extension will avoid the imposition of a penalty for failure to make a timely return. However, it does not prevent interest from accruing on any tax remaining unpaid after the delinquent date. The return must be filed with the Register of Wills on or before March 20,2003. Because Section 2136 (d) of the 1995 Act allows for only one extra period of six (6) months, no additional extension(s) will be granted that would exceed the maximum time permitted. effrey HOllenbush, Supervispr . DocumeRt Processing-Unit Inheritance Tax Division - '.<#- 'i.ci< -.". -',' .~.". '<<.f, CERTIFICATION OF NOTICE UNDER RULE 5.6(a) Name of Decedent: DOROTHY E. DEWALD Date of Death: 9/7/2001 Estate No. 2001-00848 State File No. 21-01-0848 To the Register: I certify that notice of beneficial interest required by Rule 5.6(a) of the Orphan's Court Rules was served on or mailed to the following beneficiaries of the above-captioned estate on October 15, 2002: Name Address George H. Dewald, 13 Pine Hill Ave, Mechanicsburg, PA 17050 Joyce J. Hoverter, 16 Junction Rd., Dillsburg, PA 17019 Notice has now been given to all persons entitled thereto under Rule 5.6(a). Date: October 15, 2002 ~;~~~~~~~t A~~B~E~~ire Address: P.O. Box 341, Hershey, PA 17033 Telephone: (717) 533-8315 Capacity: Personal Representative -X-Counsel for personal ---representative , l:J 61;: :. d 9 t i.~TJ ~n c. . MacELREE HARVEY Joseph A. Bellinghieri (610) 436-0100 (610) 429-4486 FAX Direct Dial: (610) 840-0239 e-mail: ibelJimmieri(QJmacelree.com www.macelree.com MacEJree Harvey, Ltd. Attorneys at Law 17 West Miner Street Post Office !lox 660 West Che.ter, PA 19l81-ll66O Septernberl8,2002 )..I-OJ. Vl(r ~ 1tII11t.~f) Ms. Claudia Maffei P A Department of Revenue Bureau offudividual Taxes Inheritance Tax Division - EXT Department 28060 I Harrisburg, PA 17128-0601 VIA FEDERAL EXPRESS ..-,...,r- -;...-': d ,,) 0;:/; ''-;1 ~ ..... '-0 RE: Trust Estate of Paul D. Kister Date of Death: December 20, 2001 Social Security No.: 716-18-1170 "~ c::.:. . . ::;;--. N Dear Ms. Maffei: Please be advised that our office represents the above-referenced trust estate. We are hereby requesting an extension to file the Pennsylvania Inheritance Tax Return due on September 20, 2002. We would like an extension until March 20, 2003 to file the return. The reason for this request is that we are unable to assemble all assets of the estate. Also enclosed is a copy of a check in the amount of $75,000 as a payment to be applied towards the Inheritance Tax Return. The original of the check has been forwarded to the Cumberland County Register of Wills. I have copied you on that letter. Thank you for your attention to this request. JAB/das Enclosures 165974_1 .- ---~ -"-~" ,~ ;-..... ,-. y"_.' I.. . (.7 -- ~ I ~- I REV-1500 EX + (6-00) OFFICIAL USE ONLY COMMONWEALTH OF PENNSYLVANIA REV-1500 DE~ARTMENT OF REVENUE --- DEPT 280601 INHERITANCE TAX RETURN FilE ~UMBER HARRISBURG, PA 17128-0601 RESIDENT DECEDENT 21-02-848 COUNTY CODE YEAR NUMBER , DEC"DENTS NAME (LAST, FIRST, AND MIDDLE INITIAL) SO-:IAL SECURITY NUMBER Kister Paul D 716-18-1170 DECE- DATE OF DEATH (MM-DD-YEAR) I DATE OF BIRTH (MM-DD-YEAR) THIS RETURN MUST BE FILED IN DUPLICATE DENT 12/20/2001 08/11/1917 WITH THE REGISTER OF WILLS (IF APPLICABLE) SURVIVING SPOUSE'S NAME (LAST, FIRST, AND MIDDLE INITIAL) SOCIAL SECURITY NUMBER Kathryn 0, Kister 3, Remainder Return CHECK ~ 1. Original Return ~' Supplemental Return ~ (date of death prior to 12-13-82) APPRO- 4. limited Estate 40. Future Interest Compromise 5. Federal Estate Tax Return Required (dale 01 dealn alier 12-12-82) PRIA TE 6. Decedent Died Testate 7. Decedent Maintained a Uving Trust 8. Total Number of Safe Deposit Boxes (Attach copy of Will) (Attach a copy of Trust) BLOCKS 9. Litigation Proceeds Received 10. Spousal Poverty Cr'8dit (dale of c1eath between E9 11. Elecnon to tax under Sec. 9113{A) 12-31-91 8f'Id 1-1-95) (AnachSch0) Iffl$~tQ!\jIiW$I'I;lJqQIim\)IttI.l!'Kl\"p~~_"CQ!;!i!j~I.Mit~jjij"~IIQN$ilIQl)U}jiitPl@!!c[W'lTQ( NAME COMPLETE MAILING ADDRESS COR- Duke Schneider 17 W. Miner Street, P.O. Box 660 RE- FIRM NAME (If Applicable) West Chester, PA 19381-0660 SPON DENT MacElree Harvey, Ltd. TELEPHONE NUMBER 610-840-0238 OFFICIAL USE ONLY 1. Real Estate (Schedule A) (1) 0.00 2. Stocks and Bonds (Schedule B) (2) 5,066.95 3. Closely Held Corporation, Partnership or Sole-Proprietorship (3) 0.00 4. Mortgages & Notes Receivable (Schedule D) (4) 0.00 5. Cash, Bank Deposits & Miscellaneous Personal Property (Schedule E) (5) 0.00 6. Jointly Owned Property (Schedule F) 0 Separate Billing Requested (6) 0_00 RECA- PITULA- 7. Inter-Vivos Transfers & Miscellaneous TION Non-Probate Property (Schedule G or L) (7) 1,320,175.30 8. Total Gross Assets (total Lines 1-7) (8) 1,325,242.25 9. Funeral Expenses & Administrative Costs (Schedl.lle H) (9) 62,573.00 10. Debts of Decedent. Mortgage Liabilities, &. Uens (Schedule I) (10) 142,17 11. Total Deductions (total Lines 9 & 10) (11) 62,715.17 12. Ne:t Value of Estate (Line 8 minus Line 11) (12) 1,262,527.08 13. Charitable and Governmental Bequests/See 9113 Trusts for which an election to tax (13) 66,227.77 has not been made (Schedule J) 14. Net Value Subject to Tax (Line 12 minus Line 13) (14) 1,196,299.31 SEE INSTRUCTIONS ON PAGE 2 FOR APPLICABLE RATES 15. Amount of Line 141axable at the spousal tax rate, ortranslers under Sec. 9116 (a)(1.2) 681,493.72 x.O 0 (15) 0.00 TAX 16. Amount 01 line 14 taxable at lineal rale 0.00 X .0 0.045 (16) 0.00 ~ COMPU- 17. Amount 01 Line 14 taxable al sibling rale 0.00 X .12 (17) 0.00 TATlON 18. Amount 01 line 14taxabte alcollaleral rate 514,982.19 x .15 (18) 77,247.33 19. Tax Due (19) 77,247.33 20. 0 1000~~HI!i:i~jfiYQl.JA~(itgestINGA;i:i~~Ofii!l.OV~ji;~1 ~>eE SUR~TO MSWEB Al..LOUES'l'IONS ON I'AGl'; 2 ANORECHECKMA1H<< o PA 15001 Copyrighl2000 Grealland/Nelco LP . Forms SOftware Only NTF 29755 PA REV-1500 EX (6-00) C I Add Page 2 Decedents omplete ress: STREET ADDRESS 39 Bullock Circle Cumberland CITY I STATE I ZIP Carlisle PA 17013 Tax Payments and Credits: 1. Tax Due (Page 1 Line 19) 2. Credits/Payments A. Spousal Poverty Credit B. Prior Payments C. Discount (1) 77,247.33 0_00 75,000_00 0.00 Total Credits (A + 8 + C) (2) 75,000.00 3. Interest/Penalty if applicable D. Interest E. Penalty 0.00 0.00 TotallnterestIPenalty (0 + E) 4. If Line 2 is greater than Line 1 + Line 3, enter the difference. This is the OVERPAYMENT. Check box on Page 1 Line 20 to request a refund 5. If Line 1 + Line 3 is greater than Line 2, enter the difference. This is the TAX DUE. A. Enter the interest on the tax due. B. Enter the total of Line 5 + SA. This is the BAlANCE DUE. Make Check Payable to: REGISTER OF WILLS, AGENT (3) 0.00 (4) 0.00 (5) 2,247.33 (SA) 0.00 (58) 2,247.33 . :...:.:::.:.:.:.:..~Ll!g~X~g!~!~A~~~EE~!i~~BO~~fi8!~~~~LX2;!~X~ "X" 1. Did decedent make a transfer and: 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; or. ...................... .......................... d. receive the promise for life of either payments, benefits or care? . . . . . . . . . . . . . . . . . . 2. If death occurred after December 12, 1982, did decedent transfer property within one year of death without receiving adequate consideration? , , . . . . . . . . . . 3, Did decedent own an 6in 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 whtch 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_ Under penalties of ~ri.ury, I declare that I have examined this returnj including accompanying schedules and statements, and to the best of my knowl e and behef, It is true, correct and compfete. Declaration 0 preparer other than the personal representative is based on information of whic rarer has an knowled . S N REQFP SONRESPO~)VJ;~JO.ll~1 ~~~Rt;j,tf DATE ~c:. if. vI(/- TN' I-<< '-t. II (}J :::::::::;:}::':::::):::::':::::;:::::::;;:::::)::::':::::;:;;::;:::::}:::;::::';:::::::'::::::::':::;:::::::::'{:}::;:::::::::':::':::::::::::::::\,:::,:,:=,:::". .',..,.".,...".",.,',..........-,...,...,.",...",.,.'"...........,.",.,."....,...,....,'....,',.,."..".........,'...',',.,.,..."....,.,.'.."..',. INTHEAPPROPRIATESLocKs.... Yes No ; ~ B ~ ~ o 4242 Carlisle pike ;THE AN REPRESENTATIVE Camp 17011 ftJ) Miner Street, P.O. Box 660 West Chester, PA 19381-0660 [72P.S.1I9116(a)(1.1)(i)) For dales of death on or after January 1, 1995, the tOOl rate is imposed on the net value 01 transfers to orfOf the use of the surviving spouse is 0% [72 P,S. 119116 (a) (1.1) (ii)]. The statute does not AXAmnl a transfer to a surviving spouse from tax, and the statutory requirements lor disclosure of assets and filing a tax retum are still applicable even it the surviving spouse is the only beneficiary. For dates of death on or alter July 1, 2000: The tax rate imposed on the net value 01 translers from a deceased child twenty-one years of age or younger at death to or lor the use 01 a natural parent, an adoptive parent, or a stepparent olthe child is 0% [72 P.S, 119116(a)(1.2)). The tax rate imposed on the net value oltranslers to or lor the use of the decedent's lineal beneficiaries is 4.5%, except as noted in 72.P,S. II 9116{1.2) [72 P.S. %9116(a)(1)]. The tax rate imposed on the net value of transfers to or for the use 01 the decedent's siblings is 12% [72 P,S. 119116(a)(1.3)]. A sibling is delined, under Section 9102, as an individual who has alleast one parent in common with the decedent, whether by blood or adoption. o PA 15002 NTF 29756 Copyright 2000 GreatlandlNelco lP . Forms Soltwam Only ""'=~.,''''' J COMMONWEALTH OF PENNSYLVANIA INHERITANCE TAX RETURN RESIDENT DECEDENT ESTATE OF Paul D Kister SCHEDULE B STOCKS & BONDS FILE NUMBER 21-02-848 All property jointly-owned with right of survivorship must be disclosed on Schedule F. ITEM NO. 11. DESCRIPTION VALUE AT DATE OF DEATH 217 Shares Principal Financial Stock Group 5,066.95 Cusip #74251V102 TOTAL (Also enter on line 2, Recapitulation) $ (If more space IS needed, insert additional sheets of the same size) 5,066.95 9 PA15031 NTF 10872 Copyrighl 1999 GreatlandlNelco LP Forms Software Only REV.1510 EX + (1.97) COMMONWEALTH OF PENNSYLVANIA INHERITANCE TAX RETURN RESIDENT DECEDENT ESTATE OF Paul D Kister SCHEDULE G INTER-VIVOS TRANSFERS & MISC. NON-PROBATE PROPERTY FI LE NUMBER 21-02-848 This schedule must be completed and filed if the answer to any of questions 1 through 4 on the reverse side of the REV-1500 COVER SHEET is yes. ITEM NO. 11. DESCRIPTION OF PROPERTY INCLUDE NAME OF THE TRANSFEREE, THEIR RELATIONSHIP TO DECO & DATE OF TRANSFER. ATTACH COPY OF THE DEED FOR REAL ESTATE. PNC Bank Acct. #27-27-001-3119387 Paul D, Kister Living Trust U/A Dated 3/27/1997 Money Market DATE OF DEATH VALUE OF ASSET %OF DECO'S INTEREST EXCLUSION (IF APPLICABLE) TAXABLE V ALU E 12,458.00 100.000 0.00 12,458.00 2 MetLife #C1053422 18,295.87 100.000 0.00 18,295.87 Beneficiary: Kathryn O. Kister, Wife 3 Met1ife Annuity #203215-3 114,289.57 100,000 0.00 114,289.57 Beneficiary: Kathryn O. Kister, Wife 4 PNC BANK ACCOUNT #27-27-001-3119361 387,468,13 100.000 0.00 387,468.13 Paul D. Kister, IRA Beneficiary: Kathryn O. Kister, Wife See attached valuations. 5 PNC BANK ACCT. #27-27-001-3119387 775,876.73 100.000 0.00 775,876.73 Paul D. Kister Living Trust U/A dated 3/27/1997 See attached valuations. 6 PNC Bank Acct. #27-27-001-3119361 Paul D. Kister IRA Money Market 11,787.00 100.000 0.00 11,787.00 Beneficiary: Kathryn O. Kister, Wife 9 PA 15101 NTF 10877 TOTAL (Also enter on line 7, Recapitulation) $ (If more space is needed, insert additional sheets of the same size) 1,320,175.30 Copyright 1999 GreatlartdlNelco LP - Forms Software Only REV-1511 EX + (1-97) COMMONWEALTH OF PENNSYLVANIA INHERITANCE TAX RETURN RESIDENT DECEDENT ESTATE OF Paul D Kister SCHEDULE H FUNERAL EXPENSES & ADMINISTRATIVE COSTS FILE NUMBER 21-02-848 Debts of decedent must be reported on Schedule I ITEM NO. DESCRIPTION A. FUNERAL EXPENSES: 1. 1 Rolling Green Cemetery Company AMOUNT 760.00 2 W. Orville Kimmel Funeral Home 8,313.00 B. ADMINISTRATIVE COSTS: 1. Personal Representative's Commissions Name of Personal Representative(s) Social Security Number(s)/EIN No. of PersonaJ Representative(s) Street Address City State Zip Year(s) Commission Paid: 2. 3. Attorney Fees Family Exemption: (If decedent's address is not the same as claimant's, attach explanation) Claimant Kathryn O. Kister Street Address 39 Bullock Circle CityCarlisle State PA Zip 17011 Relationship of Claimant to Decedent SPOUSE 25,000.00 3,500.00 4. Probate Fees 5. Accountant's Fees 6. Tax Return Preparer's Fees 7. 1 PNC BANK - TRUSTEE FEE 25,000.00 9 PA15111 NTF 10878 Copyright 1999 Greatland/Nelco LP - Forms Software Only TOTAL (Also enter on line 9, Recapitulation) $ (If more space is needed, insert additional sheets of the same size) 62,573.00 REV-1512 EX + (1-97) COMMONWEALTH OF PENNSYLVANIA INHERITANCE TAX RETURN RESIDENT DECEDENT ESTATE OF Paul D Kister Include unreimbursed medical expenses. ITEM NO. SCHEDULE I DEBTS OF DECEDENT, MORTGAGE LIABILITIES, & LIENS FILE NUMBER 2l-02-B4B DESCRIPTION AMOUNT 1. 1 Alert Pharmacy Service, Inc. l42_l7 9 PA15121 NTF10874 TOTAL (Also enter on line 10, Recapitulation) (If more space is needed, insert additional sheets of the same size) $ 142.17 Copyright 1999 GraatlandlNelco Lp. Forms Sottware Only REV-1513 EX+ (9-00) COMMONWEALTH OF PENNSYLVANIA INHERITANCE TAX RETURN RESIDENT DECEDENT ESTATE OF SCHEDULE J BENEFICIARIES FILE NUMBER NUMBER I NAME AND ADDRESS OF PERSON(S) RECEIVING PROPERTY TAXABLE DISTRIBUTIONS [include outright spousal distributions, and ,ran51eTs under Sec. 9116 (a) (1.2)J 1. George E. Detwiler, III 21-02-848 RELATIONSHIP TO DECEDENT AMOUNT OR SHARE Do Not Ust Trustee(o) OF ESTATE Paul D Kister 1 p% remainder interest in Paul D_ Kister Family Trust U/A kiated 3/27/97 Nephew 0 _ 00 2 ennifer L. Detwiler % remainder interest in Paul Kister Family Trust UjA ~ated 3/27/97 Niece 0_00 ENTER DOLLAR AMTS. FOR DISTRIBS. SHOWN ABOVE ON LINES 15 THROUGH 18 AS APPROPRIATE, ON REV-I500 COVER SHEET II NON-TAXABLE DISTRIBUTIONS: A. SPOUSAL DISTRIBUTIONS UNDER SEC. 9113 FOR WHICH AN ELECTION TO TAX IS NOT BEING MADE 1 1. l1arital Deduction Trust ViA of Paul D. Kister. 66,227.77 B. CHARITABLE AND GOVERNMENTAL DISTRIBUTIONS 1. TOTAL OF PART II -- ENTER TOTAL NON-TAXABLE DISTRIBS. ON LINE 13 OF REV-1500 COVER SHEET (If more space is needed, insert additional sheets of the same size) $ 66,227.77 o PA15131 NTF33293 Copyright 2000 GreallamtlNelco LP . Forms Software Only Schechle J part 1 (Page 2) Estate of: Paul D Kister Item No. Description Relation Amount 3 George E. Detwiler, Jr. 12.5% remainder interest in Paul D. Kister Family Trust V/A dated 3/27/97 Nephew 4 Harriet O. Fasick 10% remainder interest in Paul D. Kister Family Trust V/A dated 3/27/97 Sister-in-law 5 Marion R. Ginques 12.5% remainder interest in Paul D. Kister Family Trust V/A dated 3/27/97 Niece 6 Charles Leroy Hoerner 5% remainder interest in Paul D. Kister Family Trust V/A dated 3/27/97 Cousin 7 John Raymond Hoerner 5% remainder interest in Paul D. Kister Family Trust ViA dated 3/27/97 Cousin Total (Carry forward to main schedule) 0.00 0.00 0.00 0.00 0.00 0.00 Schedule J part 1 (Page 3) Estate of, Paul D Kister Item No. Description Relation B Richard Shelley Hoerner 5% remainder interest in Paul D. Kister Family Trust U/A dated 3/27/97 Cousin 9 Kathryn O. Kister 39 Bullock Circle Carlisle, PA 17011 KATHRYN KISTER HAS A POWER OF APPOINTMENT TO HER DESCENDANTS UNDER THE PAUL D. KISTER FAMILY TRUST U/A DATED 3/27/97. KATHRYN KISTER HAS NO DESCENDANTS, THEREFORE, THERE IS NO POWER OF APPOINTMENT. Surviving Spouse 10 Cynthia L. Lombardi 5% remainder interest in Paul D. Kister Family Trust U/A dated 3/27/97 Niece 11 Nicholas Lombardi 5% remainder interest in Paul D. Kister Family Trust U/A dated 3/27/97 Nephew 12 Eric C. Wert 5% remainder interest in Paul D. Kister Family Trust U/A dated 3/27/97 Nephew Total (Carry forward to main schedule) Amount 0.00 0.00 0.00 0.00 0.00 0.00 Schedule J part 1 (Page 4) Estate of, Paul D Kister Item No. Description Relation Amount 13 Jeffrey C. Wert 5% remainder interest in Paul D. Kister Family Trust UjA dated 3/27/97 Nephew 14 Kathryn Lee Fasick Wert 20% remainder interest in Paul D. Kister Family Trust UjA dated 3/27/97 Niece Total (Carry forward to main schedule) 0.00 0.00 0.00 COMMONWEALTH OF PENNSYLVANIA INHERITANCE TAX RETURN RESIDENT DECEDENT SCHEDULE K LIFE ESTATE, ANNUITY & TERM CERTAIN REV-'514 EX + (1-97) (Check Box 4 on Rev -1500 Cover Sheet) ESTATE OF FILE NUMBER Paul D Kister 21-02-848 This schedule is to be used for all single life, jOint or successive life estate and term certain calculations. For dates of death prior to 5-1~89, actuarial factors for single life calculations can be obtained from the Department of Revenue, Specialty Tax Unit. Actuarial factors can be found in IRS Publication 1457, Actuarial Values, Alpha Volume for dates of death on or atter 5-1-89. Indicate the type of instrument which created the future interest below and attach a copy to the tax return. .... 0 ~i.n. ,_.~ In.~~~_i.\I~.s.~~e~ ~!.!ru,~t"..,._ .... O_~.~~_r.. n'" .LiFS!::STA'l'EINreR6S)tClfil...OU!iATlOI!il,( NAME(S) OF NEAREST AGE AT TERM OF YEARS LIFE ESTATE IS LIFE TENANT(S) DATE OF BIRTH DATE OF DEATH PAYABLE Kathryn 0_ Kister 11/26/1915 86 ~ Ute or n Term of Years n Ute or n Term of Years n Ufe or 0 Term of Years o Ufe or 0 Term of Years 1. Value of fund from which life estate is payable $ 664,458.74 2. Actuarial factor per appropriate table 0_2250 Interest table rate -- 0 3 1/20/0 06% OiO% ~ Variable Rate 4_800 % 3. Value of life estate (Line 1 multiplied by Line 2) $ 149,476_64 DATE OF 81 RTH Term of Years Ute or 0 Term of Years o Life or Term of Years 1. Value of fund from which annuity is payable $ 2. Check appropriate block below and enter corresg:in9 (number) Frequency of payout -- 0 Weekly (52) Bi-weekly (26) 8 Monthly (i2) o Quarterly (4) 0 Semi-annua"y (2) Annua"y (i) Other (O ) 3. Amount of payout per period 0.00 o o $ 0_00 4. Aggregate annual payment, Line 2 muttiplied by Line 3 5. Annuity Factor (see instructions) Interest table rate 0 3 1/2% 0 6% 0 10% 0_00 o Variable Rate 0.000 % 0_0000 6. Adjustment Factor (see instructions) 7. Value of annuity -- If using 31/2%,6%, 10%, or if variable rate and period payout is at end of period, calculation is: Line 4 x Line 5 )t Line 6 If using variable rate and period payout is at beginning of period, calculation is: (line 4 x Line 5 x line 6) + line 3 0_0000 $ 0_00 $ 0_00 NOTE: The values of the funds which create the above future interests must be reported as part of the estate assets on Schedules A through G of this tax return. The resulting life or annuity interest(s) should be reported at the appropriate tax rate on lines 13, 15, 16 and 17. (If more space is needed, insert additional sheets of the same size) 9 PA15141 NTF 10881 Copyright 1999 Greatland/Nelco LP - Forms Software Only REV-1649 EX + (1-97) COMMONWEALTH OF PENNSYLVANIA INHERITANCE TAX RETURN RESIDENT DECEDENT ESTATE OF FILE NUMBER Paul D Kister 21-02-848 Do not complete this schedule unless estate is making election to tax assets under Section 9113(A) of Inheritance & Estate Tax Act. If the election applies to more than one trust or similar arrangement, a. separate form must be filed for each trust. This election applies to the Trust (marital, residual A, S, By-pass, Unified Credit, etc.) If a trust or similar arrangement meets the requirements of Section 9113(A}, and: 8. The trust or similar arrangement is listed on SChedule 0, and b. The value of the trust or similar arrangement is entered in whole or in part as an asset on Schedule 0 I then the transferor's personal representative may specifically identify the trust (aU or a fractional portion or percentage) to be included in the election to have such trust or similar property treated as a taxable transfef in this estate. If less than the entire value of the trust or similar property is included as a taxable transfer on Schedule 0, the peffional representative sha" be considered to have made the election only as to a fraction of the trust or similar arrangement The numerator of this fraction is equal to the amount of the trust or similar arrangement included as a taxable asset on Schedule O. The denominator is equal to the total value of the trust or similar arrangement. SCHEDULE 0 ELECTION UNDER SEC_ 9113(A) (SPOUSAL DISTRIBUTIONS) PART A: Enter the description and value of all interests, both taxable and non-taxable, regardless of location, which pass to the decedent's surviving sJX>use under a Section 9113 (A) trust or similar arrangement. DESCRIPTION Trust VALUE Paul D. Kister Family U/A dated 3/27/97 Value of life estate to surviving spouse ($149,476.64) Value of remainder interest to beneficiaries ($514,982_10) 664,458_74 Part A Total $ 664,458_74 PART B: Enter the description and value of alt interests included in Part A for which the Section 9113 (A) election to tax is being made. DESCRIPTION VALUE Paul D. Kister Family Trust U/A dated 3/27/97 Value of life estate to surviving spouse ($149,476_64) Value of remainder interest to beneficiaries ($514,982.10) 664,458.74 9 PA 16491 NTF 10882 Part 8 Total $ (If more space is needed, insert additional sheets of the same size) 664,458.74 Copyrighl1999 Grealland/Nslco LP . Forms Software Only Estate of Paul D. Kister REMAINDER INTEREST CALCULATION Asset Class Value Value of Credit Shelter Trust with State Death tax credit 727,174 Total Assets 727,174 Less expenses Attorney Family exemption Funeral Trustee Misc 25,000 3,500 9,073 25,000 142 Total Expenses 62,715 Total estate subject to tax 664,459 Remainder calculation 77 .5040% Remainder Interest subject to tax 514,982 PA Inheritance tax rate (Collateral Heirs) 15.0% Total Pennsylvania Inheritance Tax 77,247 18455U ESTATE OF PAUL D. KISTER SOCIAL SECURITY NO. 716-18-1170 DOD: 12/20/2001 FILE NO. 21-02-848 TABLE OF CONTENTS - PA INHERITANCE TAX 1. Last Will and Testament of Paul D. Kister Exhibit A 2. Paul D. Kister Living Trust under Agreement Exhibit B March 27, 1997 3. Met Life Annuity Contract No. C1053422 -Valuation Exhibit C 4. Met Life Annuity Contract No. 203215-3 -Valuation Exhibit D 5. PNC Bank Account No. 27-27-001-3119361-IRA Exhibit E Account Valuations 6. PNC Bank Account No. 27-27-001-3119387 Exhibit F Paul D. Kister Living Trust under Agreement March 27, 1997 - Valuations . , 113723 Last Will of PAUL D. KISTER I, PAUL D. KISTER, of Carlisle, Cumberland County, Pennsylvania, make this Will and revoke all of my prior wills and codicils. Article One My Family I am married and my spouse's name is KATHRYN O. KISTER. All references to "my spouse" in my Will are to her. I have no children, Jiving or deceased. Article Two Distribution of My Property Section 1. Pour-Over to My Living Trust All of my property of whatever nature and kind, wherever situated, shall be distributed to my revocable living trust. The name of my trust is: PNC BANK, NATIONAL ASSOCIATION, sole Trustee, or their successors in trust, under the PAUL D. KISTER LNING TRUST, dated June 4, 1997, and any amendments thereto. 1 P01-? 113723 Section 2. Alternate Disposition If my revocable living trust is not in effect at my death for any reason whatsoever, then all of my property shall be disposed of under the terms of my revocable living trust as if it were in full force and effect on the date of my death. Section 3. Testamentary Trust If my spouse survives me, I authorize my personal representative, in my personal representative's sole and absolute discretion, to establish, with the assets of my probate estate, if any, or with any property distributed to my personal representative from my Trustee, a testamentary trust (or trusts) for the benefit of my spouse and my other beneficiaries under the same terms and conditions of my revocable living trust as it exists at the date of my death. I appoint the Trustee and successor Trustee named in my revocable living trust as the Trustee and successor Trustee of my testamentary trust(s). The Trustee of my testamentary trust(s) shall have all the administrative and investment powers given to my Trustee in my revocable living trust and any other powers granted by law. My Trustee shall be under no obligation to distribute property directly to my personal representative, but rather may distribute such property directly to the Trustee of the testamentary trust(s). Any property distributed to my testamentary trust(s) by the Trustee of my revocable living trust shall be distributed by the Trustee of my testamentary trust(s) in accordance with the terms and conditions of my revocable living trust as it exists on the date of my death. Article Three Powers of My Personal Representative My personal representative shall have the power to perform all acts reasonably necessary to administer my estate, as well as any powers set forth in the statutes in the Commonwealth of Pennsylvania relating to the powers of fiduciaries. 2 Vel) ~J fj ') 113723 Article Four Payment of Expenses and Taxes and Tax Elections Section 1. Cooperating with the Trustee of My Living Trust I direct my personal representative to consult with the Trustee of my revocable living trust to determine whether any expense or tax shall be paid from my trust or from my probate estate. Section 2. Tax Elections My personal representative, in its sole and absolute discretion, may exercise any available elections with regard to any state or federal tax laws. My personal representative, in its sole and absolute discretion, may elect to have all, none, or part of the property comprising my estate for federal estate tax purposes qualifY for the federal estate tax marital deduction as qualified terminable interest property under Section 2056(b)(7) of the Internal Revenue Code. My personal representative shall not be liable to any person for decisions made in good faith under this Section. Section 3. Apportionment All expenses and claims and all estate, inheritance, and death taxes, excluding any generation-skipping transfer tax, resulting from my death and which are incurred as a result of property passing under the terms of my revocable living trust or through my probate estate shall be paid without apportionment and without reimbursement from any person. However, expenses and claims, and all estate, inheritance, and death taxes assessed with regard to property passing outside of my revocable living trust or outside of my probate estate, but included in my gross estate for federal estate tax purposes, shall be chargeable against the persons receiving such property. 3 1::) . n \ ' . ~. ,'"< 113 723 Article Five Appointment of My Personal Representative Section 1. Appointment of my Personal Representative I appoint PNC BANK, NATIONAL ASSOCIATION to be my personal representative. Section 2. Compensation of Personal Representative I direct that my personal representatives not be required to furnish bond, surety, or other security. My Corporate Trustee shan be entitled to compensation for its services in accordance with its standard schedule of charges currently in effect at the time its services are caned upon from time to time during the period over which such services are performed. Section 3. Concerning Self-Dealing, et aI. No rule of law against self-dealing, divided loyalty, or conflict of interest shall be applied to render any transaction effected by the fiduciaries void, voidable, or otherwise subject to attack solely for violation of such rule, nor shall the fiduciaries incur any liability, nor shall any fiduciary commissions for acting hereunder be reduced, solely for violation of such rule. Any transaction which involves self-dealing, divided loyalty, or conflict of interest by the fiduciaries shan be judged by the rules of law which would apply to the same transaction at arm's length between strangers free of any element of self-dealing, divided loyalty, or conflict of interest. Thus, by way of inustration and not of limitation, an fiduciaries are authorized, without giving any notice required by statute, to: 1. Employ and compensate any fiduciary or any affiliate as broker, agent, or professional advisor for any purpose. 2. Borrow from the commercial department of any corporate fiduciary or any affiliate at current interest rates. 4 (i t~j /i 113723 3. Buy, retain, and sell any debt or equity security issued or underwritten by any corporate fiduciary or any affiliate and any debt security secured, supported, and/or otherwise enhanced by a letter of credit issued by any corporate fiduciary or any affiliate. 4. Buy, retain, and sell any security of any investment company or trust registered under the Investment Company Act of 1940 to which any corporate fiduciary or any affiliate renders services for compensation. 5. Buy property from or sell property to any beneficiary or fiduciary acting hereunder or otherwise on arm's length terms. An "affiliate" means any entity which owns, directly or indirectly, an interest in any corporate fiduciary, any entity in which any corporate fiduciary owns an interest, directly or indirectly, and any entity in common control with any corporate fiduciary. I have initialed all of the pages of this Will, and have signed it on March 22, 2001. .P j k ) auf ~ ~~~tA PAUL D. KISTER ) 5 -f). c.. \1 ,K] , i I{ 113723 The foregoing Will was, on the day and year written above, published and declared by PAUL D. KISTER in our presence to be his Will. We, in his presence and at his request, and in the presence of each other, have attested the same and have signed our names as attesting witnesses and have initialed each page. We declare that at the time of our attestation of this Will, PAUL D. KISTER was, according to our best knowledge and belief, of sound mind and memory and under no undue duress or constraint. ~~~ WITNESS Address: WejT Ck.r4e, I 14- d~L c--,-/'>~____ WITNESS Address: JtlecJta1AJ(S~(.."'~. Ii,- v, 6 /\'A / eIJ.!\! 113723 COMMONWEALTH OF PENNSYLVANIA ) ) ss. ) COUNTY OF CUMBERLAND We, PAUL D. KISTER, J}/.:</& .s~~///,j&/!Jg.e_ , and D/f//)L),4 11/2e ,,/ Ai , the Testator and the witnesses, respectively, whose names are signed to the foregoing Will, having been sworn, declared to the undersigned officer that the Testator, in the presence of the witnesses, signed the instrument as his last Will, that he signed, and that each of the witnesses, in the presence of the Testator and in the presence of each other, signed the Will as a witness. l---~' , JOur; h l~d4 PA D. KISTER . ~~ WITNESS ~ ?0z---~ WITNESS Subscribed and sworn before me by PAUL D. KISTER, the Testator, and by )<..-,/(/:,' 'Q:::1:lN/3I/)&12_ and .!J/I-,.,u .46>2<.-,,'/1,' , the witnesses, on March 22,2001. ~..! . /. ",' _,:.,_1 ./'1-"': '!,.c:... 'r;.-'~ -,. .~.- y....."..- ;;~ '~_~!<C~~::U'-"'c~l_ ,..:.-,' r-;;::,~'!,';i!;"~0;~;;'''----1 1 H:::.mrr:NI --:;,": - 'r:,t~1, '''0L2!''V F~ibli"" .f ~~~i~:;;:~~;'~,~';;F!:i;;~~;~;S~j~;~~$ NOTARY PUBLIC 7 n It I 1) I . , v . . 113720 This LIVING TRUST prepared for PAUL D. KISTER by Duke Schneider, Esquire MacElree Harvey, Ltd. 17 West Miner Street P.O. Box 660 West Chester, Pennsylvania 19381-0660 Telephone: (610) 436-0100 Facsimile: (610) 429-4486 Copyright@ 2000 Duke Schneider , 113 720 Table of Contents The PAUL D. KISTER Living Trust Introduction Article One.........................................Creation of My Trust Article Two ........................................My Family Article Three ......................................Funding My Trust Providing for Me and My Family during My Lifetime Article Four........................................Administration of My Trust during My Life Article Five ........................................Insurance Policies and Retirement Plans Providing for Me and My Family upon My Death Article Six ..........................................Administration of My Trust upon My Death Article Seven.. ..... ...... ...... .......... ........ .Distribution of My Tangible Personal Property and Specific Distributions Article Eight.......................................Creation of the Marital and Family Trusts Article Nine........................................The Marital Trust Article Ten .........................................The Family Trust 113720 Article Eleven ....................................Distributions of My Trust Property to My Charitable Beneficiaries Article Twelve ...................................Distributions of My Trust Property to My Family Beneficiaries Article Thirteen..................................Ultimate Distribution Pattern Article Fourteen .................................Methods of Distribution and Trust Administration with Regard to Minor and Disabled Beneficiaries Provisions Regarding My Trustee Article Fifteen ....................................The Resignation, Replacement, and Succession of My Trustees Article Sixteen ...................................General Matters and Instructions with Regard to the Trusteeship General and Administrative Provisions Article Seventeen ...............................My Trustee's Administrative and Investment Powers Article Eighteen .................................Definitions and General Provisions 11 113720 The PAUL D. KISTER Living Trust Article One The Restatement of the PAUL D. KISTER Living Trust Section 1. Restatement of My Trust On March 27, 1997, I executed a Revocable Trust Document with PNC Bank, National Association, as Trustee. That Trust was revoked and superceded by a Revocable Trust document I executed on June 4, 1997. PNC Bank, National Association is the Trustee of that Trust. I reserved the right, in the June 4, 1997, Trust Agreement to amend the agreement at any time. I now wish to restate the June 4, 1997, trust, in its entirety. This Restatement shall replace and supercede that trust and all prior documents. Section 2. My Trust This is my Living Trust, dated June 4, 1997, by PAUL D. KISTER, the Trustmaker, and PNC BANK, NATIONAL ASSOCIATION, my initial Trustee. My trust is a revocable living trust that contains my instructions for my own well- being and that of my loved ones. All references to "my trust" or "trust," unless otherwise stated, shall refer to this Living Trust and the trusts created in it. All references to "Trustee" shall refer to my initial Trustee or Trustees, or their successor or successors in trust. When the term "Trustmaker" is used in my trust, it shall have the same legal meaning as "Grantor," "Settlor;' "Trustor," or any other term referring to the maker of a trust. Notwithstanding anything in my trust to the contrary, when I am serving as a Trustee under my trust, I may act for and conduct business on behalf of my trust as a Trustee without the consent of any other Trustee. 1-1 113720 Section 3. The Name of My Trust For convenience, my trust shall be known as the: PAUL D. KISTER LIVING TRUST, dated June 4,1997 For purposes of beneficiary designations and transfers directly to my trust, my trust shall be referred to as: PNC BANK, NATIONAL ASSOCIATION, sole Trustee, or their successors in trust, under the PAUL D. KISTER LIVING TRUST, dated June 4, 1997, and any amendments thereto. In addition to the above descriptions, any description for referring to my trust shall be effective to transfer title to my trust or to designate my trust as a beneficiary as long as that description includes the date of my trust, the name of at least one initial or successor Trustee, and any reference that indicates that assets are to be held in a fiduciary capacity. 1-2 113 720 Article Two My Family My spouse's name is KATHRYN O. KISTER. All references to "my spouse" in this agreement are to her. I have no children, living or deceased. 2-1 113 720 Article Three Funding My Trust Section 1. Initial Funding I hereby transfer, assign, and convey all of my right, title, and interest in and to all of my property that is permitted by law to be held in trust, wherever situated, whether personal or real, tangible or intangible, separate or community, to my Trustee to hold and administer for my benefit and for the benefit of my beneficiaries. I will also initially fund my trust with $10 concurrent with its execution. a. Reliance by Third Parties Upon presentation by my Trustee of this Article of my trust and a separate Affidavit of Trust stating the name and address of my Trustee, affirming that my trust is in full force and effect, and containing any pertinent provisions of my trust, all third parties shall rely on this transfer and follow all of my Trustee's instructions without risk of incurring any liability to me, my Trustee, or my beneficiaries. b. Specific Transfers of Property It is my intent that, from time to time and when necessary, specific items of property will be individually transferred and titled either directly in the name of my trust or in a nominee for the benefit of my trust. Section 2. Additional Property Additional property interests of all kinds may be transferred to my trust by me or any other person in any manner. All property interests assigned, conveyed, or delivered to the Trustee must be acceptable to my Trustee. 3-1 113720 Section 3. Funding with Community Property Any community property, including the proceeds from such property, which is or becomes trust property shall remain community property during the lives of me and my spouse. a. A Conveyance or Transfer of Community Property A conveyance or transfer of community property to my trust, whether directly transferred or transferred to a nominee or agent on behalf of my trust, shall not be construed as a partition of the community property unless there is an express written agreement to that effect between me and my spouse. b. Withdrawals of Community Property If I make withdrawals of community property from the trust without revoking the trust, the property that is withdrawn shall retain its character as community property. If I revoke my trust, any and all community property held on behalf of my trust shall be reconveyed by my Trustee to me and my spouse as community property. My spouse shall have the unrestricted right to remove my spouse's community property share or interest from my trust at any time by notifYing my Trustee of such intent in writing. During my life: The net income from the community property shall retain its community character regardless of whether it is accumulated or to whom my Trustee is directed to distribute it. My Trustee shall have no power with respect to community property that would be greater than that power that I, or my spouse, would have over that same community property were it free of trust. 3-2 113720 Article Four Administration of My Trust during My Life Section 1. My Lifetime Powers During my life, I shall have the express and total power to control and direct payments, add or remove trust property, and amend or revoke this trust. a. Control and Direct Payments My Trustee, during all periods of time when I am not disabled as defined in this Article, shall distribute or retain the principal and net income of the trust as I may direct, except that I shall have no power to direct my Trustee to make gifts of principal or income from the trust to a third party. Any gift made directly by my Trustee to a third party in violation of this provision shall be construed as a distribution made directly to me, and then a gift from me to such third party. Absent directions from me, my Trustee shall distribute the trust income to me at least monthly. b. Investment Decisions During my lifetime, except for any period of my incapacity, I reserve the right to specifically approve or disapprove each and every trust investment, purchase, or sale before it is made. My Trustee is relieved from all liability for loss which may result from the purchase or sale of trust property which has been directed by me. Since I have named PNC Bank, National Association, (the "Bank") as the sole initial Trustee, it is my desire that the Bank shall have the power, without abrogating its fiduciary responsibilities to me or my Trust, to make investment decisions on its own, provided that the Bank 4-1 113720 has made a good faith effort to contact me and has been unsuccessful in so doing. c. Add or Remove Trust Property I shall have the absolute right to add to the trust property at any time and the absolute right to remove property, or any interest therein, from the trust at any time. d. Amend or Revoke the Trust We shall have the absolute right to amend or revoke our trust, in whole or in part, at any time. Any amendment or revocation must be in writing, signed by both of us, and delivered to our Trustee. This right to amend or revoke is personal to us and may not be exercised by a legal representative of either of us. After the death of one of us, this agreement shall not be subject to amendment or revocation, except as provided in the next paragraph. The survivor of us shall have the right to amend or revoke the marital trust created for the benefit of the surviving spouse under Article Nine of this Agreement. This right to amend or revoke the marital trust is personal to the surviving spouse; and may not be exercised by a legal representative of the surviving spouse. Section 2. The Definition of My Disability My disability, for purposes of this agreement, shall be defined as follows: a. The Opinion of Two Licensed Physicians I shall be deemed disabled during any period when, in the opinion of two licensed physicians, I am incapacitated or disabled because of illness, age, or any other cause which results in my inability to effectively manage my property or financial affairs. 4-2 , 113720 b. Court Determination I shall also be deemed to be disabled upon the determination of a court of competent jurisdiction that I am incompetent, incapacitated, or otherwise legally unable to effectively manage my property or financial affairs. c. Disappearance or Absence I shall be deemed to be disabled upon my unexplained disappearance or absence, or if I am being detained under duress where I am unable to effectively manage my property or financial affairs. Section 3. Procedural Guidelines for My Disability During any period of time when I am disabled, my Trustee shall apply the trust property, including its income, exclusively for my benefit and for my valid obligations by observing the following procedural guidelines: a. Provide for Me My Trustee shall provide as much of the principal and net income of my trust as is necessary or advisable, in its sole and absolute discretion, for my health, support, maintenance, and general welfare. My Trustee may make the distributions called for in this Article directly to me or for my benefit. b. Provide for My Spouse My Trustee, in its sole and absolute discretion, shall distribute the principal and net income of my trust in such amounts as shall be necessary for the education, health, maintenance, and support of my spouse. c. Provide for My Obligations My Trustee shall provide as much of the principal and net income of my trust as my Trustee, in its sole and absolute discretion, deems advisable 4-3 113720 for the payment of any of my valid obhgations as confirmed by my Trustee. My Trustee shall provide as much of the principal and net income of my trust as my Trustee deems advisable for the payment of insurance premiums on policies owned by me, either directly or beneficially, or my trust. d. Procedural Guidelines In making distributions under this Section, my Trustee shall, at all times, give primary consideration to my needs and thereafter to my spouse. When making such distributions to my spouse, my Trustee may consider other income and resources available to my spouse. A distribution made to my spouse shall not be charged against the ultimate share which may be distributable to my spouse under any other provision of this agreement. Section 4. Undistributed Net Income Any net income which is not distributed under this Article shall be accumulated and added to principal. 4-4 113720 Article Five Insurance Policies and Retirement Plans Section 1. During My Life During my life, I shall have the following rights, and my Trustee shall have the following duties, with respect to insurance policies or retirement plans owned by or made payable to my trust. a. My Rights I reserve, and may exercise without the approval of my Trustee or any beneficiary, all of the rights, powers, options, and privileges with respect to any insurance policy, retirement plan, annuity, or any other third-party beneficiary contract made payable to my trust or deposited with my Trustee. b. My Trustee's Obligations My Trustee shall deliver to me or my designee, upon my written request, any and all insurance policies, retirement plan documents, annuity contracts, and all other third-party beneficiary contracts, as well as all related documents, which are owned by or deposited with my Trustee pursuant to my trust. My Trustee shall not be under any obligation to have any or all of such documents returned. My Trustee shall have no obligation to see that premiums or other sums that may be due and payable under any insurance policy, retirement plan, annuity contract, or any other third-party beneficiary contract are paid. Further, my Trustee shall have no obligation with respect to any insurance policy, retirement plan, annuity contract, or other third-party beneficiary contract, as well as any documents related thereto, deposited with my Trustee, other than to provide for their safekeeping. No provision of this agreement shall be construed to impose any obligation on me to maintain any insurance policy, retirement plan, annuity contract, or any other third-party beneficiary contract in force. 5-1 113720 Section 2. Upon My Death Upon my death, my Trustee shall make all appropriate elections with respect to insurance policies, retirement plans, and other death benefits which are owned by or payable to my trust. Such decisions under this section shaIl be in the sole and absolute discretion of my Trustee. a. Collection of Insurance Proceeds and Other Nonretirement Death Proceeds My Trustee shall make every reasonable effort to coIlect all sums made payable to my trust or my Trustee under all life insurance policies, or other nonretirement death benefit plans, which provide for death proceeds made payable to or owned by the trust. In coIlecting policy or death benefit proceeds, my Trustee may, in its sole and absolute discretion, exercise any of the settlement options that may be available under the terms of a policy or any other third- party beneficiary contract. My Trustee shall not be liable to any beneficiary for the settlement option ultimately selected. b. Retirement Plan Elections My Trustee shall have the right, in its sole and absolute discretion, to elect to receive any retirement plan death proceeds, whether under a qualified pension, profit sharing, Keogh, individual retirement account, or any other retirement plan, either in a lump sum or in any other manner permitted by the terms of the particular retirement plan. My Trustee shall not be liable to any beneficiary for the death benefit election ultimately selected. My Trustee, in its sole and absolute discretion, may disclaim the benefits of any retirement plan payable to my trust, including individual retirement accounts that are payable to my trust. Such disclaimed benefits shall be payable to my spouse. 5-2 113720 c. Collection Proceedings My Trustee may institute proceedings, whether in law or equity, administrative or otherwise, to enforce payment of such proceeds. My Trustee need not, except at its option, enter into or maintain any litigation or take action to enforce any payment until it has been indemnified to its satisfaction for all expenses and liabilities to which, in its sole judgment, it may be subjected. My Trustee is expressly authorized, in its sole and absolute discretion, to adjust, settle, and compromise any and all claims that may arise from the collection of any death proceeds. The decisions of my Trustee shall be binding and conclusive on all beneficiaries. d. Liability of Payor No person or entity which pays insurance proceeds or other death proceeds to my Trustee as beneficiary shall be required to inquire into any of the provisions of this trust or to see to the application of any such proceeds by my Trustee. The receipt of the proceeds by my Trustee shall relieve the payor of any further liability as a result of making such payment. 5-3 113720 Article Six Administration of My Trust upon My Death Section 1. Payment of Expenses, Claims, and Taxes Upon my death, my Trustee is authorized, but not directed, to pay the following: Expenses of my last illness, funeral, and burial, including memorials of all types and memorial services of such kind as my Trustee in its sole discretion shall approve. Legally enforceable claims against me or my estate. Expenses with regard to the administration of my estate. Federal estate tax, applicable state inheritance or estate taxes, or any other taxes occasioned by my death. Statutory or court-ordered allowances for qualifYing family members. The payments authorized under this Section are discretionary, and no claims or right to payment by third parties may be enforced against my trust by virtue of such discretionary authority. My Trustee shall be indemnified from the trust property for any damages sustained by my Trustee as a result of its exercising, in good faith, the authority granted it under this Section. The payments authorized under this Section shall be paid only to the extent that the property in my probate estate, if any (other than real estate, tangible personal property, or property that, in my Trustee's judgment, is not readily marketable), is insufficient to make these payments. Section 2. Redemption of Treasury Bonds If my trust holds United States Treasury Bonds which are eligible for redemption at par in payment of the federal estate tax, my Trustee shall redeem such bonds to the extent necessary to pay federal estate tax as a result of my death. 6-1 113720 Section 3. Coordination with My Personal Representative This Section shall be utilized to help facilitate the coordination between the personal representative of my probate estate and my Trustee with respect to any of my property owned outside of my trust at my death. In any event, such decisions under this Section shall be in the sole and absolute discretion of my Trustee. a. Authorized Payments My Trustee, in its sole and absolute discretion, may elect to pay the payments authorized under this Article either directly to the appropriate persons or institutions or to my personal representative of my probate estate. My Trustee may rely upon the written statements of my personal representative as to all material facts relating to these payments; my Trustee shall not have any duty to see to the application of such payments. b. Purchase of Assets and Loans My Trustee is authorized to purchase and retain in the form received, as an addition to my trust, any property which is a part of my probate estate. In addition, my Trustee may make loans, with or without security, to my probate estate. My Trustee shall not be liable for any loss suffered by my trust as a result of the exercise of the powers granted in this paragraph. c. Distributions from My Personal Representative My Trustee is authorized to accept distributions from my personal representative of my probate estate without audit and my Trustee shall be under no obligation to examine the records or accounts of my personal representative. d. Distributions to My Personal Representative My Trustee, in its sole and absolute discretion, may make distributions of any or all of the trust property to my personal representative in order to fund any testamentary trust created under my Last Will and Testament. In lieu of distributing such property to my personal 6-2 113720 representative, my Trustee may distribute such property to the Trustee designated in such testamentary trust. Section 4. Treatment of Exempt Property In making any payments pursuant to this Article, my Trustee shall not use any property to the extent it is not included in my gross estate for federal estate tax purposes. However, if my Trustee makes the determination, in its sole and absolute discretion, that other nonexempt property is not available for payments pursuant to this Article, or that it is not economically prudent to use nonexempt property for the payment of such expenses, it may then use such exempt property. Section 5. Apportionment All expenses and claims and all estate, inheritance, and death taxes, excluding any generation-skipping transfer tax, resulting from my death shall be paid without apportiomnent and without reimbursement from any person, except as otherwise specifically provided in this trust. a. Protection of Marital Trust Notwithstanding anything to the contrary in my trust, no death taxes payable as a result of my death shall be allocated to or paid from the Marital Trust or from any assets passing to my spouse and qualifYing for the federal estate tax marital deduction unless my Trustee has first used all other assets available to my Trustee. b. Property Passing Outside My Trust Notwithstanding anything to the contrary in my trust, estate, inheritance, and death taxes assessed with regard to property passing outside of my trust or outside of my probate estate, but included in my gross estate for federal estate tax purposes, shall be chargeable against the persons receiving such property. 6-3 113720 Section 6. My Trustee's Authority to Make Tax Elections My Trustee may exercise any available elections with regard to state or federal income, inheritance, estate, succession, or gift tax law. a. Alternate Valuation Date The authority granted my Trustee in this Section includes the right to elect any alternate valuation date for federal estate or state estate or inheritance tax purposes. b. Deduction of Administration Expenses The authority granted my Trustee in this Section shall include the right to elect whether all or any parts of the administration expenses of my estate are to be used as estate tax deductions or income tax deductions. Any administration expenses claimed as income tax deductions shall be charged against the Family Trust. No compensating adjustments need be made between income and principal as a result of such elections unless my Trustee, in its sole and absolute discretion, shall determine otherwise, or unless required by law. c. Deferment of Estate Taxes The authority granted my Trustee in this Section shall include the right to elect to defer payment of all or a part of my estate taxes, pursuant to any law permitting deferral, and to enter into any agreement necessary to defer payment of estate taxes even if doing so extends the statute of limitations and regardless of whether sufficient funds are available to pay the estate taxes when due. d. Election for Qualified Terminable Interest Property My Trustee, in its sole and absolute discretion, may elect to have trust property qualifY for the federal estate tax marital deduction as qualified terminable interest property under the appropriate provisions of the Internal Revenue Code and its regulations. 6-4 113720 e. Special Use Valuation The authority granted to my Trustee in this SfJction shall include the right to elect to value qualified real property at its value based upon actual use rather than its fair market value and to enter into any agreement necessary to make such election as permitted under the Internal Revenue Code and its regulations. f. Taxes and Returns My Trustee may also: Sign joint tax returns. Pay any taxes, interest, or penalties with regard to taxes. Apply for and collect tax refunds and interest thereon. 6-5 113720 Article Seven Distribution of My Tangible Personal Property and Specific Distributions Section 1. Nonbusiness Tangible Personal Property On my death, my Trustee shall distribute my nonbusiness tangible personal property held by my trust as follows: a. Use of Memorandum My Trustee shall distribute the jewelry, clothing, household furniture, furnishings and fixtures, chinaware, silver, photographs, works of art, books, boats, automobiles, sporting goods, artifacts relating to my hobbies, and all other tangible articles of household or personal use in accordance with any written, signed, and dated memorandum left by me directing the distribution of such property. Any memorandum written, dated, and signed by me disposing of my tangible personal property shall be incorporated by reference into this agreement. Should I leave multiple written memoranda which conflict as to the disposition of any item of tangible personal property, that memorandum which is last dated shall control as to those items which are in conflict. b. Distribution of Property Not Distributed by Memorandum If my state law does not allow the use of a memorandum to distribute nonbusiness tangible personal property or, to the extent that my tangible personal property which is or becomes trust property is not disposed of by memorandum for any reason, then that nonbusiness tangible personal property shall be distributed under the terms of this trust agreement. 7-1 113720 Section 2. Business Tangible Personal Property The disposition of my tangible personal property under this Article shall not include tangible personal property which my Trustee, in its sole and absolute discretion, determines to be part of, or used exclusively in, any business or profession in which I had an interest at the time of my death. 7-2 113720 Article Eight Creation of the Marital and Family Trusts Section 1. Division of Trust Property A. Division of Trust Property if My Spouse Survives Me If my spouse survives me, my Trustee shall divide the trust property into two separate trusts, to be known as the Marital Trust and the Family Trust. a. Creation of the Marital Trust The Marital Trust shall consist of an amount equal in value to the smallest amount of the federal estate tax marital deduction allowable to my estate that will result in the least possible federal estate tax being payable at my death, after taking into account all other deductions, the unified credit, and the credit for state death taxes (to the extent that its use does not increase state death taxes) allowable to my estate for federal estate tax purposes at the time of my death. 1. Nontrust Marital Deduction Assets The Marital Trust shall be reduced by the value, for federal estate tax purposes, of any interest in property that qualifies for the federal estate tax marital deduction and which passes or has passed from me to my spouse other than under this Article. 2. Pecuniary Amount The marital deduction amount determined under this Paragraph a shall be a pecuniary amount and not a fractional share. 8-1 113720 b. Creation oftbe Family Trust The Family Trust shall consist of the balance ofthe trust property. B. Division of Trust Property if my Spouse does not Survive Me If my spouse does not survive me, my Trustee shall divide the trust property in two separate trusts, pursuant to the same pecuniary formula set forth in subparagraph "A" above. The result of the application of that formula shall be to insure that only that amount of my estate which is not subject to federal estate tax shall pass to my Family Beneficiaries pursuant to Article Twelve of this Trust Agreement, and that any share of my estate which is subject to federal estate tax shall be distributed to my Charitable Beneficiaries pursuant to Article Eleven of this Trust Agreement. Section 2. Allocation of Assets between the Two Trusts My Trustee shall have complete authority to make allocations of the trust property between the Marital and Family Trusts. It may, in its sole and absolute discretion, make allocations in cash or in kind, in undivided interests, or in any proportion thereof between the two trusts. a. Nonqualifying Property My Trustee shall not allocate any property or the proceeds from any property to the Marital Trust which would not qualify for the federal estate tax marital deduction in my estate. b. Life Insurance Policies on My Spouse's Life My Trustee shall not allocate any policies of life insurance insuring the life of my spouse to the Marital Trust. c. Insufficient Assets for Funding the Marital Trust To the extent that there are insufficient assets qualifying for the marital deduction to fully fund the Marital Trust, the amount of the funding to the Marital Trust shall be reduced accordingly. 8-2 113720 d. My Spouse's Interest in Community Property My spouse's interest in community property which is, or becomes, trust property at my death, even though not included in my gross estate for federal estate tax purposes and not included in the computation for the value of the Marital Trust, shall be allocated to the Marital Trust. My spouse shall have the absolute and unrestricted right to: Withdraw all of the net income from my spouse's community property. Withdraw all of the trust principal consisting of my spouse's community property. Receive principal distributions in my Trustee's discretion from my spouse's community property. Appoint by a valid last will and testament or by a trust agreement all of the principal and accrued and undistributed net income attributable to my spouse's community property. Section 3. Distributions from Retirement Plan to the Marital Trust If Retirement Plan distributions are included in the Marital Trust my Trustee shall comply with the following guidelines. a. Form of Distribution My Trustee may elect to receive distributions from any pension, profit sharing, individual retirement account, or other retirement plan ("Retire- ment Plan") for which my Trust is named as beneficiary, in installments or in a lump sum. However, my Trustee shall make no election that would disqualify the Retirement Plan or the Marital Trust for the Estate Tax Marital Deduction. 8-3 113720 b. Income Requirement My Trustee shall elect to receive distributions from a Retirement Plan payable to the Marital Trust in compliance with the minimum distribution rules of the Internal Revenue Code if applicable. If, based upon the minimum distribution rules, distributions from the Retirement Plan total less than all income earned by the Retirement Plan for a calendar year, my spouse shall have full power, in my spouse's discretion, to compel my Trustee to demand additional distributions equal to at least the shortfall so that my spouse will receive all income earned by the Retirement Plan at least annually. My spouse's power to compel the undistributed income earned by the Retirement Plan shall be cumulative and shall not lapse to the extent my spouse fails to exercise this power in any given year. My spouse shall also have full power, in my spouse's discretion, to direct my Trustee to compel the Retirement Plan Trustee to convert any nonproductive property to productive property. If my spouse is disabled, my spouse's personal representative may exercise these powers on behalf of my spouse. c. Retirement Plan Expenses In calculating "all income earned by the Retirement Plan," my Trustee shall allocate all Retirement Plan expenses, including income taxes and trustee's fees, that are attributable to principal distributions so that all income distributions from the Retirement Plan are not reduced. Section 4. The Valuation of Marital Trust Property In making the computations necessary to determine the amount passing to the Marital Trust, my Trustee shaH use those values as finally determined for federal estate tax purposes. a. Valuation of Property at Distribution Date In no event shall the aggregate fair market value of the cash and other property on the date or dates of distribution be less than the amount of the Marital Trust as finaHy determined for federal estate tax purposes. 8-4 113720 b. Consideration of Tax Consequences When making the decision as to which property shall be allocated to the Marital Trust, my Trustee shall consider the tax consequences and advisability of allocating property subject to foreign death tax, property on which a tax credit is available, or property which is income in respect of a decedent under applicable income or estate tax laws. Section 5. My Spouse's Right to Convert Marital Trust Assets My spouse shall have the absolute and unequivocal right to compel my Trustee, at any time, to convert any nonproductive property held as an asset of the Marital Trust to productive property. This right shall be exercised in writing delivered to my Trustee. Section 6. Disclaimer My spouse may disclaim all or any portion of any interest in property or power with respect to property passing to my spouse, or for my spouse's benefit, under this trust within the time and under the conditions permitted by law. My Spouse's disclaimer may be exercised by delivering an irrevocable and unqualified refusal to accept all or any portion of such interest or power to my Trustee. If my spouse exercises this disclaimer with respect to all or any portion of the Marital Trust, the interest so disclaimed shall be added to the Family Trust. Ifmy spouse exercises this disclaimer with respect to my spouse's interest in all or any portion of the Family Trust, the interest that is disclaimed shall be disposed of under this agreement as though my spouse had predeceased me. 8-5 113720 Article Nine The Marital Trust Section 1. My Spouse's Right to Income My Trustee shall pay to or apply for my spouse's benefit, at least quarterly during my spouse's lifetime, all of the net income from the Marital Trust. Section 2. My Spouse's Right to Withdraw Principal My Trustee shall pay to or apply for my spouse's benefit such amounts from the principal of the Marital Trust as my spouse may at any time request in writing. No limitation shall be placed on my spouse as to either the amount of or reason for such invasion of principal. Section 3. Principal Distributions in My Trustee's Discretion My Trustee may also distribute to or for my spouse's benefit as much of the principal of the Marital Trust as my Trustee, in its sole and absolute discretion, shall consider necessary or advisable for my spouse's education, health, maintenance, and support. My Trustee shall take into consideration, to the extent that my Trustee deems advisable, any income or resources of my spouse which are outside of the trust and are known to my Trustee. Section 4. My Spouse's General Power of Appointment My spouse shall have the unlimited and unrestricted general power to appoint, by a valid last will and testament or by a valid living trust agreement, the entire principal and any accrued and undistributed net income of the Marital Trust as it exists at my spouse's death. In exercising this general power of appointment, my spouse shall specifically refer to this power. 9-1 113720 My spouse shall have the sole and exclusive right to exercise the general power of appointment. This general power of appointment specifically grants to my spouse the right to appoint property to my spouse's own estate. It also specifically grants to my spouse the right to appoint the property among persons, corporations, or other entities in equal or unequal proportions, and on such terms and conditions, whether outright or in trust, as my spouse may elect. Section 5. The Surviving Trustmaker's Right to Revoke the Marital Trust The surviving trustmaker shall have the right to amend or revoke this marital trust. This right to amend or revoke is personal to the surviving trustmaker, and may not be exercised by a legal representative of the surviving trustmaker. The martial trust created under this living trust agreement may use the surviving spouse's social security number as its tax identification number and may be referred to as a "Revocable Marital Trust." Property from this Trust may also be distributed directly to the Living Trust of the surviving spouse. Section 6. Administration of the Marital Trust at My Spouse's Death The Marital Trust shall terminate at my spouse's death. My Trustee shall administer the unappointed balance or remainder of the Marital Trust as follows: a. My Spouse's Final Expenses My Trustee may, in its sole and absolute discretion, pay for the following expenses: The expenses of the last illness, funeral, and burial of my spouse. The expenses of administering my spouse's estate. Any inheritance, estate, or other death taxes payable by reason of my spouse's death, together with interest and penalties thereon. 9-2 113720 My Trustee shall, to the extent that it is reasonable and prudent, coordinate with my spouse's personal representative to minimize expenses and taxes resulting from my spouse's death. b. Redemption of Treasury Bonds If the Marital Trust holds United States Treasury Bonds eligible for redemption in payment of the federal estate tax, my Trustee shall redeem the bonds to the extent necessary to pay any federal estate tax due by reason of my spouse's death. c. Caution with Regard to Payments Without in any way limiting my Trustee's discretion, it is my desire that my Trustee not make any payments under this Section if those payments can be satisfied from assets of my spouse outside of the Marital Trust. Section 7. Subsequent Administration of the Marital Trust The unappointed balance or remainder of the Marital Trust shall be administered and distributed to Charitable Beneficiaries as provided in Article Eleven. 9-3 113720 Article Ten The Family Trust Section 1. My Spouse's Right to Income My Trustee shall pay to, or apply for the benefit of, my spouse, at least quarterly during my spouse's lifetime, all ofthe net income from the Family Trust. Section 2. Principal Distributions in My Trustee's Discretion My Trustee may also distribute to or for the benefit of my spouse as much of the principal of the Family Trust as my Trustee, in its sole and absolute discretion, shall consider necessary or advisable for their education, health, maintenance, and support. My Trustee shall, at all times, gIve primary consideration to my spouse's education, health, maintenance, and support, and only thereafter to my descendants. In making discretionary distributions of principal to my spouse, my Trustee shall preferably make all distributions of principal from the Marital Trust until it is exhausted, and only thereafter from the Family Trust. If my spouse has the power to remove a Trustee of this Family Trust, my Trustee shall not distribute any of the principal of the Family Trust that would in any manner discharge my spouse's legal obligation to a beneficiary of the Family Trust. If my spouse is disabled, my Trustee shall ignore this restriction during the period of my spouse's disability, and my spouse shall not have the power to remove a Trustee of the Family Trust. Section 3. Discretionary Guidelines for My Trustee My Trustee shall be mindful that my primary concern and objective is to provide for the education, health, maintenance, and support of my spouse, and that the preservation of principal is not as important as the accomplishment of these objectives. 10-1 113720 Section 4. Limited Power of Appointment My spouse shall have the limited testamentary power to appoint to or for the benefit of my descendants, either by a valid last will and testament or by a valid living trust agreement executed by my spouse, all or any portion of the principal and any accrued and undistributed net income of the Family Trust as it exists at my spouse's death. This power shall not be exercised in favor of my spouse's estate, the creditors of my spouse's estate, or in any manner which would result in any economic benefit to my spouse. Section 5. Termination of the Family Trust The Family Trust shall terminate at the death of my spouse. To the extent that the limited power of appointment is not exercised by my spouse, the remainder of the Family Trust, including any accrued and undistributed net income, shall be administered and distributed to my Family Beneficiaries as provided in Article Twelve. 10-2 113720 Article Eleven Distributions of My Trust Property To My Charitable Beneficiaries The trust property passing under this Article shall be distributed in the shares set forth below, outright, to the following Charitable Beneficiaries: Buffalo Presbyterian Church 1/9 Greensboro, North Carolina A.A.S. Consistory Valley of Harrisburg 1/9 Harrisburg, P A Zembo Temple AAONMS of Harrisburg 1/9 Harrisburg, P A American Red Cross 1/9 Arthritis Foundation 1/9 Central Pennsylvania Chapter Billy Graham Evangelistic Association 1/9 Minneapolis, Minnesota American Cancer Society 1/9 Cumberland Unit Carlisle, P A Mount Holly Springs United Methodist 1/9 Church, Mount Holly Spring, P A American Kidney Fund 1/9 Rockville, Maryland 11-1 113720 If any of the above charities does not exist, or is not a qualified tax exempt charitable organization under the Internal Revenue Code, then the bequest to that charity shall be distributed, in equal shares, to the remaining Charitable Beneficiaries. 11-2 113720 Article Twelve Distributions of My Trust Property to My Family Beneficiaries Section 1. Division into Separate Shares All trust property not previously distributed under the terms of my trust shall be divided as follows: Beneficiary Relationship Share MARION REST A GINQUES Wife's Niece 12.5% NICHOLAS LOMBARDI Wife's Grandnephew 5% CYNTHIA L. LOMBARDI Wife's Grandniece 5% GEORGE E. DETWILER, JR. Wife's Nephew 12.5% JENNIFER L. DETWILER Wife's Grandniece 5% GEORGE E. DETWILER, ill Wife's Grandnephew 5% KATHRYN LEE FASICK WERT Wife's Niece 20% ERIC C. WERT Wife's Grandnephew 5% JEFFREY C. WERT Wife's Grandnephew 5% CHARLES LEROY HOERNER Husband's Cousin 5% RICHARD SHELLEY HOERNER Husband's Cousin 5% JOHN RAYMOND HOERNER Husband's Cousin 5% HARRIET O. FASICK Wife's Sister 10% 12-1 113720 Section 2. Distribution of Trust Shares for My Beneficiaries The share of each beneficiary then living shall be distributed as follows: a. Distribution of Trust Share for MARION RESTA GINQUES The trust share set aside for MARION RESTA GINQUES shall forthwith terminate and my Trustee shall distribute all undistributed net income and principal to MARION RESTA GINQUES, free of the trust. If MARION RESTA GINQUES should die before the complete distribution of her trust share, her trust shall terminate and my Trustee shall distribute the balance of the trust property to her then living descendants, per stirpes. If MARION REST A GINQUES has no then living descendants, my Trustee shall distribute the balance of the trust property in equal shares to the other Family Beneficiaries listed in this Article, per stirpes. If there are no other then living Family Beneficiaries, my Trustee shall distribute the balance of the trust property as provided in Article Thirteen of this agreement. b. Distribution of Trust Share for NICHOLAS LOMBARDI The trust share set aside for NICHOLAS LOMBARDI shall forthwith terminate and my Trustee shall distribute all undistributed net income and principal to NICHOLAS LOMBARDI, free of the trust. If NICHOLAS LOMBARDI should die before the complete distribution of his trust share, his trust shall terminate and my Trustee shall distribute the balance of the trust property to his then living descendants, per stirpes. If NICHOLAS LOMBARDI has no then living descendants, my Trustee shall distribute the balance of the trust property to MARION RESTA GINQUES' then living descendants, per stirpes. If MARION REST A GINQUES has no then living descendants, my Trustee shall distribute the balance of the trust property to MARION REST A GINQUES as provided in Subsection "a" hereof. 12-2 113720 c. Distribution of Trust Share for CINTHIA L. LOMBARDI The trust share set aside for CINTHIA L. LOMBARDI shall forthwith terminate and my Trustee shall distribute all undistributed net income and principal to CINTHIA L. LOMBARDI, free of the trust. If CYNTHIA L. LOMBARDI should die before the complete distribution of her trust share, her trust shall terminate and my Trustee shall distribute the balance of the trust property to her then living descendants, per stirpes. If CYTHIA L. LOMBARDI has no then living descendants, my Trustee shall distribute the balance of the trust property to MARION RESTA GINQUES' then living descendants, per stirpes. If MARlON REST A GINQUES has no then living descendants, my Trustee shall distribute the balance of the trust property to MARlON RESTA GINQUES as provided in Subsection "a" hereof. d. Distribution of Trust Share for GEORGE E. DETWILER, JR. The trust share set aside for GEORGE E. DETWILER, JR. shall forthwith terminate and my Trustee shall distribute all undistributed net income and principal to GEORGE E. DETWILER, JR., free ofthe trust. If GEORGE E. DETWILER, JR. should die before the complete distribution of his trust share, his trust shall terminate and my Trustee shall distribute the balance of the trust property to his then living descendants, per stirpes. If GEORGE E. DETWILER, JR. has no then living descendants, my Trustee shall distribute the balance of the trust property in equal shares to the other Family Beneficiaries listed in this Article, per stirpes. If there are no then living Family Beneficiaries, my Trustee shall distribute the balance of the trust property as provided in Article Thirteen of this agreement. e. Distribution of Trust Share for JENNIFER L. DETWILER The trust share set aside for JENNIFER L. DETWILER shall forthwith terminate and my Trustee shall distribute all undistributed net income and principal to JENNIFER L. DETWILER, free of the trust. 12-3 113720 If JENNIFER L. DETWILER should die before the complete distribution of her trust share, her trust shall terminate and my Trustee shall distribute the balance of the trust property to her then living descendants, per stirpes. If JENNIFER L. DETWILER has no then living descendants, my Trustee shall distribute the balance of the trust property to GEORGE E. DETWILER, JR. 's then living descendants, per stirpes. If GEORGE E. DETWILER, JR. has no other then living descendants, my Trustee shall distribute the balance of the trust property to GEORGE E. DETWILER, JR. as provided in Subsection "d" hereof. f. Distribution of Trust Share for GEORGE E. DETWILER, III The trust share set aside for GEORGE E. DETWILER, ill shall forthwith terminate and my Trustee shall distribute all undistributed net income and principal to GEORGE E. DETWILER, ill, free of the trust. If GEORGE E. DETWILER, ill should die before the complete distribution of his trust share, his trust shall terminate and my Trustee shall distribute the balance of the trust property to his then living descendants, per stirpes. If GEORGE E. DETWILER, ill has no then living descendants, my Trustee shall distribute the balance of the trust property to GEORGE E. DETWILER, JR.'s then living descendants, per stirpes. If GEORGE E. DETWILER, JR. has no other then living descendants, my Trustee shall distribute the balance of the trust property to GEORGE E. DETWILER, JR. as provided in Subsection "d" hereof g. Distribution of Trust Share for KATHRYN LEE FASICK WERT The trust share set aside for KATHRYN LEE FASICK WERT shall forthwith terminate and my Trustee shall distribute all undistributed net income and principal to KATHRYN LEE FASICK WERT, free of the trust. If KATHRYN LEE FASICK WERT should die before the complete distribution of her trust share, her trust shall terminate and my Trustee 12-4 113720 shall distribute the balance of the trust property to her then living descendants, per stirpes. If KATHRYN LEE FASICK WERT has no then living descendants, my Trustee shall distribute the balance of the trust property in equal shares to the other Family Beneficiaries listed in this Article, per stirpes. If there are no other then living Family Beneficiaries, my Trustee shall distribute the balance of the trust property as provided in Article Thirteen of this agreement. h. Distribution of Trust Share for ERIC C. WERT The trust share set aside for ERIC C. WERT shall forthwith terminate and my Trustee shall distribute all undistributed net income and principal to ERIC C. WERT, free of the trust. If ERIC C. WERT should die before the complete distribution of his trust share, his trust shall terminate and my Trustee shall distribute the balance of the trust property to his then living descendants, per stirpes. If ERIC C. WERT has no then living descendants, my Trustee shall distribute the balance of the trust property to KATHRYN LEE FASICK WERT's then living descendants, per stirpes. If KATHRYN LEE FASICK WERT has no other then living descendants, my Trustee shall distribute the balance of the trust property to KATHRYN LEE FASICK WERT as provided in Subsection "g" hereof. i. Distributiou of Trust Share for JEFFREY C. WERT The trust share set aside for JEFFREY C. WERT shall forthwith terminate and my Trustee shall distribute all undistributed net income and principal to JEFFREY C. WERT, free of the trust. If JEFFREY C. WERT should die before the complete distribution of his trust share, his trust shall terminate and my Trustee shall distribute the balance of the trust property to his then living descendants, per stirpes. 12-5 113720 If JEFFREY C. WERT has no then living descendants, my Trustee shall distribute the balance of the trust property to KATHRYN LEE FASICK WERT's then living descendants, per stirpes. If KATHRYN LEE FASICK WERT has no other then living descendants, my Trustee shall distribute the balance of the trust property to KATHRYN LEE FASICK WERT as provided in Subsection "g" hereof. j. Distribution of Trust Share for CHARLES LEROY HOERNER The trust share set aside for CHARLES LEROY HOERNER shall forthwith terminate and my Trustee shall distribute aU undistributed net income and principal to CHARLES LEROY HOERNER, free of the trust. If CHARLES LEROY HOERNER should die before the complete distribution of his trust share, his trust shall terminate and my Trustee shall distribute the balance of the trust property to his then living descendants, per stirpes. If CHARLES LEROY HOERNER has no then living descendants, my Trustee shall distribute the balance of the trust property in equal shares to RICHARD SHELLEY HOERNER and JOHN RAYMOND HOERNER, or if one or both of them are not then living, to their then living descendants, per stirpes. If RICHARD SHELLEY HOERNER and JOHN RAYMOND HOERNER have no then living descendants, my Trustee shall distribute the balance of the trust property to the other Family Beneficiaries listed in this Article, per stirpes, or in default of any Family Beneficiaries, as provided in Article Thirteen of this agreement. k. Distribution of Trust Share for RlCHARD SHELLEY HOERNER The trust share set aside for RICHARD SHELLEY HOERNER shall forthwith terminate and my Trustee shall distribute all undistributed net income and principal to RICHARD SHELLEY HOERNER, free of the trust. 12-6 113720 If RICHARD SHELLEY HOERNER should die before the complete distribution of his trust share, his trust shall terminate and my Trustee shall distribute the balance of the trust property to his then living descendants, per stirpes. If RICHARD SHELLEY HOERNER has no then living descendants, my Trustee shall distribute the balance of the trust property in equal shares to CHARLES LEROY HOERNER and JOHN RAYMOND HOERNER, or if one or both of them are not then living, to their then living descendants, per stirpes. If CHARLES LEROY HOERNER and JOHN RAYMOND HOERNER have no then living descendants, my Trustee shall distribute the balance of the trust property to the other Family Beneficiaries listed in this Article, per stripes, or in default of any Family Beneficiaries, as provided in Article Thirteen of this agreement. I. Distribution of Trust Share for JOHN RAYMOND HOERNER The trust share set aside for JOHN RAYMOND HOERNER shall forthwith terminate and my Trustee shall distribute all undistributed net income and principal to JOHN RAYMOND HOERNER, free of the trust. If JOHN RAYMOND HOERNER should die before the complete distribution of his trust share, his trust shall terminate and my Trustee shall distribute the balance of the trust property to his then living descendants, per stirpes. If JOHN RAYMOND HOERNER has no then living descendants, my Trustee shall distribute the balance of the trust property in equal shares to CHARLES LEROY HOERNER and RICHARD SHELLEY HOERNER, or if one or both of them are not then living, to their then living descendants, per stirpes. If CHARLES LEROY HOERNER and RICHARD SHELLEY HOERNER have no then living descendants, my Trustee shall distribute the balance of the trust property to the other Family Beneficiaries listed in this Article, per stirpes, or in default of any Family Beneficiaries, as provided in Article Thirteen of this agreement. 12-7 113720 ID. Distribution of Trust Share for HARRIET O. FASICK The trust share set aside for HARRIET O. FASICK shall forthwith terminate and my Trustee shall distribute all undistributed net income and principal to HARRIET O. FASICK, free of the trust. If HARRIET O. FASICK should die before the complete distribution of her trust share, her trust shall terminate and my Trustee shall distribute the balance of the trust property to her then living descendants, per stirpes. If HARRIET O. FASICK has no then living descendants, my Trustee shall distribute the balance of the trust property in equal shares to the other Family Beneficiaries listed in this Article, per stirpes. If there are no other then living Family Beneficiaries, my Trustee shall distribute the balance of the trust property as provided in Article Thirteen of this agreement. Section 3. Share of a Descendant of a Deceased Beneficiary Each share set aside for a deceased beneficiary, if any, who has then living descendants shall be divided, administered, and distributed as follows: a. Division into Separate Shares Each share set aside for a deceased beneficiary who has then living descendants shall be divided into as many equal shares as shall be necessary to create one equal share for the deceased beneficiary's descendants, per stirpes. b. Outright Distribution If any descendant of a deceased beneficiary is over 25 years of age and is not legally incapacitated, my Trustee shall distribute that descendant's share outright to that descendant. 12-8 113720 c. Retention of a Minor's or Disabled Descendant's Share in Trust If any descendant of a deceased beneficiary is under 25 years of age, or if any descendant of a deceased beneficiary is disabled or incapacitated as defined in Article Eighteen of this agreement, then my Trustee shall retain such share in trust under the provisions of Article Fourteen. Section 4. Retention of Distributions in Trust Whenever a distribution is authorized or required to be made by a provision of this Article to any beneficiary, then that beneficiary may direct my Trustee in writing to retain such distribution in trust as follows: a. A Beneficiary's Right to Income My Trustee, during the lifetime of the beneficiary, shall pay to or apply for the benefit of the beneficiary from time to time and at the beneficiary's written direction all of the net income from this trust. b. A Beneficiary's Right to Withdraw Principal My Trustee shall pay to or apply for the benefit of the beneficiary such amounts from the principal as the beneficiary may at any time request in writing. No limitation shall be placed on the beneficiary as to either the amount of or reason for such invasion of principal. c. Principal Distributions in My Trustee's Discretion My Trustee may also distribute to or for the benefit of the beneficiary as much of the principal of the trust as my Trustee, in its sole and absolute discretion, shall consider necessary or advisable for the education, health, maintenance, and support of the beneficiary. 12-9 113720 d. A Beneficiary's General Power of Appointment The beneficiary shall have the unlimited and unrestricted general power to appoint, by a valid last will and testament or trust agreement, the entire principal and any accrued and undistributed net income of the trust as it exists at the beneficiary's death. In exercising this general power of appointment, the beneficiary shall specifically refer to this power. The beneficiary shall have the sole and exclusive right to exercise the general power of appointment. This general power of appointment specifically grants to the beneficiary the right to appoint property to the beneficiary's own estate. It also specifically grants to the beneficiary the right to appoint the property among persons, corporations, or other entities in equal or unequal proportions, and on such terms and conditions, whether outright or in trust, as the beneficiary may elect. Any property in the trust which is not distributed pursuant to the exercise of the general power of appointment shall be distributed to the beneficiary's then living descendants, per stirpes. If the beneficiary has no then living descendants, my Trustee shall distribute the remaining trust property as provided in Article Thirteen of this agreement. 12-10 113720 Article Thirteen Ultimate Distribution Pattern If at any time there is no person, corporation, or other entity entitled to receive all or any part of my trust property, then all of the trust property shall be distributed to those persons who would be my heirs had I died intestate owning such property. The distribution of trust property, for purposes of this Article, shall be determined by the laws of descent and distribution for intestate estates in the Commonwealth of Pennsylvania as such laws are in effect at the time of any distribution under this Article. 13-1 113720 Article Fourteen Methods of Distribution and Trust Administration with Regard to Minor and Disabled Beneficiaries Section 1. General Guidelines for Distribution Whenever a distribution is authorized or required to be made by a provision of this agreement to any beneficiary, except for the Trustmaker's spouse, who is disabled or incapacitated, such distribution may be made by my Trustee: Without continuing court supervision or the intervention of a guardian, conservator, or any other legal representative. Without giving or requiring any bond or surety on bond. Pursuant to any of the methods authorized under this Article. In making distributions under this Article, disability or incapacity shall include adjudicated mental incapacity by a court of competent jurisdiction, or incapacity because of age, illness, or injury. Before making any distributions to beneficiaries other than me under this Article, it is my desire that my Trustee, to the extent that it is both reasonable and possible: Inquire into the ultimate disposition of the distributed funds. Take into consideration the behavior of trust beneficiaries with regard to their disposition of prior distributions of trust property. My Trustee shall obtain a receipt from the person, corporation, or other entity receiving any distribution called for in this Article. 14-1 .....".'>".;.1~;~",'1lil1.',_~' "r.f;;(.;-';1:l'Vof,",i;'J)j'[i,~;..~,.e.', 1 13 720 Section 2. Methods of Payment My Trustee may make the distributions called for in this Article in anyone or more of the following ways: Directly to a beneficiary. To persons, corporations, or other entities for the use and benefit of the beneficiary. To an account in a commercial bank or savings institution in the name of the beneficiary, or in a form reserving the title, management, and custody of the account to a suitable person, corporation, or other entity for the use and benefit ofthe beneficiary. In any prudent form of annuity purchased for the use and benefit of the beneficiary. To any person or duly licensed financial institution, including my Trustee, as a custodian under the Uniform Transfers to Minors Act, or any similar act, of any state, or in any manner allowed by any state statute dealing with gifts or distributions to minors or other individuals under a legal disability. To any guardian, agent under a valid power of attorney, or other person deemed by my Trustee to be responsible, and who has assumed the responsibility of caring for the beneficiary. Section 3. Trustee's Discretion to Keep Property in Trust If any trust property becomes distributable to a beneficiary when the beneficiary is under 25 years of age, or when the beneficiary is under any form of legal disability, as defined in Article Eighteen, my Trustee, in its sole and absolute discretion, may retain that beneficiary's share in a separate trust until he or she attains 25 years of age, or until his or her legal disability has ceased, as follows: a. Distributions of Trust Income and Principal My Trustee shall apply to or for the benefit of the beneficiary as much of the net income and principal of the trust as my Trustee, in its sole and absolute discretion, deems necessary or advisable for the beneficiary's education, health, maintenance, and support. 14-2 113720 In making any distributions of income and principal under this Article, my Trustee shall be mindful of, and take into consideration to the extent it deems necessary, any additional sources of income and principal available to the beneficiary which arise outside of this agreement. Any net income not distributed to a beneficiary shall be accumulated and added to principaL b. Termination and Distribution My Trustee shall distribute the trust property to a beneficiary: When he or she attains 25 years of age, or When he or she ceases to be disabled. c. A Beneficiary's General Power to Appoint Trust Property If a beneficiary should die before the complete distribution of his or her trust, the trust shall terminate and all of the trust property shall be distributed to such persons, corporations, or other entities, including the beneficiary's own estate, in the manner in which the beneficiary shall elect. This general power of appointment must be exercised by the beneficiary by either a valid living trust or last will and testament, either of which specifically refers to this power of appointment. To the extent this general power of appointment is not exercised, my Trustee shall distribute the remaining trust property to the then living descendants of the beneficiary, per stirpes. If the beneficiary has no then living descendants, my Trustee shall distribute the remaining trust property to my then living descendants, per stirpes. If I have no then living descendants, my Trustee shall distribute the remaining trust property as provided in Article Thirteen of this agreement. 14-3 113720 Section 4. Application to the Trustmaker or the Trustmaker's Spouse Notwithstanding anything in this agreement to the contrary, in no event shall this Article apply to the Trustrnaker or the Trustmaker's spouse. 14-4 113720 Article Fifteen The Resignation, Replacement, and Succession of My Trustees Section 1. The Resignation of a Trustee Any Trustee may resign by giving thirty days' written notice to me or to my legal representative. If I am not living, the notice shall be delivered to the Trustee, if any, and to all of the beneficiaries then eligible to receive mandatory or discretionary distributions of net income from any trust created under this agreement. If a beneficiary is a minor or is legally incapacitated, the notice shall be delivered to that beneficiary's guardian or other legal representative. Notwithstanding the foregoing, if PNC Bank, National Association (the "Bank") is serving as Trustee, the Bank may resign after my death by giving thirty (30) days notice to the then serving Co-Trustee. If there is no then serving Co-Trustee, then notice shall be given to the current income beneficiaries ofthe Trust. Section 2. The Removal of a Trustee Any Trustee may be removed by me, my spouse, my children, or my other beneficiaries as follows: a. Removal by Me I reserve the right to remove any Trustee at any time. b. Removal by My Spouse After my death, or during any period that I am disabled, my spouse may remove any Trustee. 15-1 113720 c. Removal by My Other Beneficiaries After the death or disability of both me and my spouse, a majority ofthe beneficiaries then eligible to receive mandatory or discretionary distributions of net income under this agreement may remove any Trustee. d. Notice of Removal Neither I, my spouse, nor any of my beneficiaries, need give any Trustee being removed any reason, cause, or ground for such removal. Notice of removal shall be effective when made in writing by either: Personally delivering notice to the Trustee and securing a written receipt, or Mailing notice in the United States mail to the last known address of the Trustee by certified mail, return receipt requested. Section 3. Replacement of Trustees Trustees shall be replaced in the following manner: a. The Death or Disability of a Cotrustee While I Am a Trustee I may serve as a sole Trustee or I may name any number of Cotrustees to serve with me. If a Cotrustee subsequently dies, resigns, becomes legally incapacitated, or is otherwise unable or unwilling to serve as a Cotrustee, I mayor may not fill the vacancy, as I choose. b. My Trustees upon My Disability During any period that I am disabled, all of the following disability Trustees shall replace my initial Trustee: PNC BANK, NATIONAL ASSOCIATION. 15-2 113720 c. My Trustees upon My Death On my death, PNC BANK, NATIONAL ASSOCIATION acting as my death Trustee shall replace my initial Trustee, if they are then serving, or all of the disability Trustees, ifthey are then serving. d. Successor Trustees If a successor Trustee is unwilling or unable to serve during the period in which I am disabled or after my death, the next following successor Trustee shall serve until the successor Trustees so named have been exhausted. A Trustee may be listed more than once in this Section or an initial Trustee may also be named as a disability Trustee or a Trustee who will serve upon my death. Naming a Trustee more than once is done as a convenience only and is not to be construed as a termination of that Trustee's trusteeship. e. Unfilled Trusteeship In the event no named Trustees are available, a maJonty of the beneficiaries then eligible to receive mandatory or discretionary distributions of net income under this agreement shall forthwith name a corporate fiduciary. If a majority of the beneficiaries then eligible to receive mandatory or discretionary distributions of net income under this agreement cannot agree on a corporate fiduciary, any beneficiary can petition a court of competent jurisdiction, ex parte, to designate a corporate fiduciary as a Trustee. The court that designates the successor Trustee shall not acquire any jurisdiction over any trust created under this agreement, except to the extent necessary to name a corporate fiduciary as a successor Trustee. Section 4. Corporate Fiduciaries Any corporate fiduciary named in this trust agreement or appointed by a court of competent jurisdiction as a Trustee must be a bank or trust company situated in the United States having trust powers under applicable federal or state law. 15-3 113720 Such fiduciary shalI have a combined capital and surplus of at least 2 million do lIars or assets under management of at least 100 million dolIars. Section 5. Powers and Liabilities of Successor Trustee Any successor Trustee, whether corporate or individual, shalI have all of the rights, powers, and privileges, and be subject to all of the obligations and duties, both discretionary and ministerial, as given to the original Trustees. Any successor Trustee shall be subject to any restrictions imposed on the original Trustees. No successor Trustee shall be required to examine the accounts, records, and acts of any previous Trustees. No successor Trustee shall in any way be responsible for any act or omission to act on the part of any previous Trustees. 15-4 113720 Article Sixteen General Matters and Instructions with Regard to the Trusteeship Section 1. Use of "Trustee" Nomenclature As used throughout this agreement, the word "Trustee" shall refer to the initial Trustee as well as any single, additional, or successor Trustee. It shall also refer to any individual, corporation, or other entity acting as a replacement, substitute, or added Trustee. Section 2. No Requirement to Furnish Bond My Trustee shall not be required to furnish any bond for the faithful performance of its duties. If a bond is required by any law or court of competent jurisdiction, it is my desire that no surety be required on such bond. Section 3. Court Supervision Not Required All trusts created under this agreement shall be administered free from the active supervision of any court. Any proceedings to seek judicial instructions or a judicial determination shall be initiated by my Trustee in the appropriate state court having original jurisdiction of those matters relating to the construction and administration of trusts. 16-1 113720 , Section 4. My Trustee's Responsibility to Make Information Available to Beneficiaries My Trustee shall report, at least semiannually, to the beneficiaries then eligible to receive mandatory or discretionary distributions of the net income from the various trusts created in this agreement all of the receipts, disbursements, and distributions occurring during the reporting period along with a complete statement of the trust property. The trust's books and records along with all trust documentation shall be available and open at all reasonable times to the inspection of the trust beneficiaries and their representatives. My Trustee shall not be required to furnish trust records or documentation to any individual, corporation, or other entity that is not a beneficiary, does not have the express written approval of a beneficiary, or is not requesting such pursuant to a court order. Section 5. Delegation among the Trustees Any Trustee may delegate to any other Trustee the power to exercise any or all powers granted my Trustee in this agreement, including those which are discretionary, if allowed by law. My delegating Trustee may revoke any such delegation at will. The delegation of any such power, as well as the revocation of any such delegation, shall be evidenced by an instrument in writing executed by the delegating Trustee. As long as any such delegation is in effect, any of the delegated powers may be exercised by the Trustee receiving such delegation with the same force and effect as if the delegating Trustee had personally joined in the exercise of such power. Section 6. Utilization of Substitute Trustee If any Trustee is unwilling or unable to act as to any trust property, my Trustee shall designate, in writing, an individual, bank trust department, or trust company to act as a substitute Trustee with regard to such property. The property being administered by the substitute Trustee, as well as the net income therefrom, shall be distributed or remitted as directed by the delegating Trustee consistent with the terms of this agreement. 16-2 113720 Each substitute Trustee shall exercise all of the fiduciary powers granted by this agreement unless expressly limited by the delegating Trustee in the instrument appointing such substitute Trustee, or by any provision within this Section. Any substitute Trustee may resign at any time by delivering written notice to my Trustee to that effect. Section 7. Trustee's Fee My individual Trustee shall be entitled to fair and reasonable compensation for the services it renders as a fiduciary. The amount of compensation shall be an amount equal to the customary and prevailing charges for services of a similar nature during the same period oftime and in the same geographic locale. Any Trustee shall be reimbursed for the reasonable costs and expenses incurred in connection with its fiduciary duties under this agreement. My Corporate Trustee shall be entitled to compensation for its services in accordance with its standard schedule of charges currently in effect at the time its services are called upon from time to time during the period over which such services are performed. Section 8. A Majority of Trustees Required to Control When more than two Trustees are acting, the concurrence and joinder of a majority of my Trustees shall control in all matters pertaining to the administration of any trust created under this agreement. If only two Trustees are acting, the concurrence and joinder of both shall be required. When more than two Trustees are acting, any dissenting or abstaining Trustee may be absolved from personal liability by registering a written dissent or abstention with the records of the trust; the dissenting Trustee shall thereafter act with the other Trustees in any manner necessary or appropriate to effectuate the decision of the majority. 16-3 113720 Section 9. Successor Corporate Fiduciaries If any bank or trust company ever succeeds to the trust business of any corporate fiduciary serving as a Trustee under this agreement, whether because of a name change or any other form of reorganization, or if such corporate fiduciary ever transfers all of its existing business to any other bank or trust company, the successor shall thereupon, without any action being required, succeed to the trusteeship as if originally named. Section 10. Early Termination of Trusts Based on Cost If my Trustee, other than my spouse acting as a Trustee, shall determine, in its sole and absolute discretion, that any trust created under this agreement has become uneconomical to administer due to the high cost of administration relative to the value of the trust property, my Trustee may terminate such trust or trusts and distribute the trust property, including any accrued but undistributed net income, in the following order: To me if! am then living. To my spouse, if a beneficiary of the trust. To the beneficiaries then entitled to receive discretionary payments of income ofthe trust, per stirpes. Section 11. Generation-Skipping Tax Provisions In order to minimize the impact of any generation-skipping tax that may be applied to any of the trusts created by this agreement or their beneficiaries, my Trustee, in its sole and absolute discretion, is authorized to take the following actions: a. Division into Exempt and Nonexempt Trusts If any trust created under this agreement would be partially exempt from generation-skipping tax by reason of an allocation of a generation- skipping tax exemption to it, prior to such allocation my Trustee shall divide the total trust assets into two separate trust shares of equal or unequal value, to permit allocation of the exemption solely to one trust share (the "exempt trust"). The exempt trust shall consist of a fractional 16-4 113720 interest of the total trust assets in an amount necessary to cause the exempt trust to be entirely exempt from generation-skipping tax. The other trust share (the "nonexempt trust") shall consist of the remaining fractional interest of the total trust assets. For purposes of this allocation, assets values as finally determined for federal estate tax purposes shall be used. b. Additions to a Separate Trust If a trust under this agreement, whether created under this Section or not, is entirely exempt or nonexempt from generation-skipping tax and adding property to it would partially subject the trust to generation- skipping tax, my Trustee may hold that property in a separate trust in lieu of making the addition. c. Terms ofthe Trusts If my Trustee divides a trust into two separate trust shares or creates a separate trust for additions, the trusts or trust shares that result shall have the same terms and conditions as the original trust. My Trustee shall not make discretionary distributions from the income or principal of the exempt trust to beneficiaries who are nonskip persons as long as any readily marketable assets remain in the nonexempt trust. d. Allocation from an Exempt Trust First Upon division or distribution of an exempt trust and a nonexempt trust, my Trustee may allocate property from the exempt trust first to a share from which a generation-skipping transfer is more likely to occur. e. Taxable Distributions If my Trustee considers that any distribution from a trust under this agreement, other than pursuant to a power to withdraw or appoint, is a taxable distribution subject to a generation-skipping tax payable by the beneficiary, my Trustee shall augment the distribution by an amount which my Trustee estimates to be sufficient to pay the tax and shall charge the same against the trust to which the tax relates. 16-5 113720 f. Taxable Terminations If my Trustee c.onsiders that any termination of an interest in trust property is a taxable termination subject to a generation-skipping tax, my Trustee shall pay the tax from the portion of the trust property to which the tax relates, without adjustment of the relative interests of the beneficiaries. 16-6 113720 Article Seventeen My Trustee's Administrative and Investment Powers Section 1. Introduction to Trustee's Powers Except as otherwise provided in this agreement, my Trustee shall have both the administrative and investment powers enumerated under this Article and any other powers granted by law with respect to the various trusts created by this agreement. Section 2. Powers to Be Exercised in the Best Interests of the Beneficiaries My Trustee shall exercise the following administrative and investment powers without the order of any court, as my Trustee determines in its sole and absolute discretion to be in the best interests ofthe beneficiaries. Notwithstanding anything to the contrary in this agreement, my Trustee shall not exercise any power in a manner inconsistent with the beneficiaries' right to the beneficial enjoyment of the trust property in accordance with the general principles of the law of trusts. Section 3. Administrative and Investment Powers My Trustee is hereby granted the following administrative and investment powers: a. Agricultural Powers My Trustee may retain, sell, acquire, and continue any farm or ranching operation whether as a sole proprietorship, partnership, or corporation. 17-1 113720 My Trustee may engage in the production, harvesting, and marketing of both farm and ranch products either by operating directly or with management agencies, hired labor, tenants, or sharecroppers. My Trustee may engage and participate in any government farm program, whether state or federally sponsored. My Trustee may purchase or rent machinery, equipment, livestock, poultry, feed, and seed. My Trustee may improve and repair all farm and ranch properties; construct buildings, fences, and drainage facilities; acquire, retain, improve, and dispose of wells, water rights, ditch rights, and priorities of any nature. My Trustee may, in general, do all things customary or desirable to operate a farm or ranch operation for the benefit of the beneficiaries of the various trusts created under this agreement. b. Business Powers My Trustee may retain and continue any business in which I have or had an interest as a shareholder, partner, sole proprietor, or as a participant in a joint venture, even though that interest may constitute all or a substantial portion of the trust property. My Trustee may directly participate in the conduct of any such business or employ others to do so on behalf of the beneficiaries. My Trustee may execute partnership agreements, buy-sell agreements, and any amendments to them. My Trustee may participate in the incorporation of any trust property; any corporate reorganization, merger, consolidation, recapitalization, liquidation, dissolution; or any stock redemption or cross purchase buy- sell agreement. My Trustee may hold the stock of any corporation as trust property, and may elect or employ directors, officers, employees, and agents and compensate them for their services. My Trustee may sell or liquidate any business interest that is part of the trust property. 17-2 113 720 My Trustee may carry out the provisions of any agreement entered into by me for the sale of any business interest or the stock thereof. My Trustee may exercise all of the business powers granted in this agreement regardless of whether my Trustee is personally interested or an involved party with respect to any business enterprise forming a part of the trust property. My Trustee shall not be liable for any actions it takes with respect to its exercise of business powers, other than acts of fraud or gross negligence. c. Environmental Powers My Trustee shall have the power to inspect any trust property to determine compliance with any environmental law affecting such property or to respond to any environmental law affecting property held by my Trustee. "Environmental Law" shall mean any federal, state, or local law, rule, regulation, or ordinance relating to protection of the environment or of human health. My Trustee shall have the power to refuse to accept property if my Trustee determines that there is a substantial risk that such property is contaminated by any hazardous substance or has previously, or is currently, being used for any activities directly or indirectly involving hazardous substances which could result in liability to the trust assets. "Hazardous substance" shall mean any substance defined as hazardous or toxic by any federal, state, or local law , rule, regulation, or ordinance. My Trustee shall have the power to take any necessary action to prevent, abate, clean up or otherwise respond to any actual or threatened violation of any environmental law affecting trust property prior to or after the initiation or enforcement of any action by any governmental body. My Trustee may disclaim or release any power granted to it or implied by any document, statute, or rule of law which the Trustee determines may cause the Trustee to incur liability under any environmental law . My Trustee may charge the cost of any inspection, review, prevention, abatement, response, cleanup, or remedial action authorized under this power against the trust property. 17-3 113720 My Trustee shall not be liable to any beneficiary or to any other party for any decrease in value of the trust property by reason of my Trustee's compliance with any environmental law, specifically including any reporting requirement under such law. d. Common Fund Powers For the purpose of convenience with regard to the administration and investment of the trust property, my Trustee may hold the several trusts created under this agreement as a common fund. My Trustee may make joint investments with respect to the funds comprising the trust property. My Trustee may enter into any transaction authorized by this Article with fiduciaries or other trusts or estates in which any beneficiary hereunder has an interest, even though such fiduciary is also a Trustee under this agreement. e. Compensation Powers My Trustee shaH pay from income or principal all of the reasonable expenses attributable to the administration of the respective trusts created in this agreement. My Trustee shall pay itself compensation for its services as fiduciary as provided in Article Sixteen, Section 7 of this agreement, and shall reasonably compensate those persons employed by my Trustee, including agents, auditors, accountants, and attorneys. Compensation paid to my Trustee and/or persons employed by my Trustees, whether corporate or individual, shall not diminish the compensation due to the Corporate Trustee under Section 7 of Article Sixteen. f. Distribution Powers My Trustee is specifically authorized to make divisions and distributions of the trust property either in cash or in kind, or partly in cash and partly in kind, or in any proportion it deems advisable. My Trustee shall be under no obligation or responsibility to make pro rata divisions and distributions in kind. 17-4 1 I3 720 My Trustee may allocate specific property to any beneficiary or share although the property may differ in kind from the property allocated to any other beneficiary or share. The foregoing powers may be exercised regardless of the income tax basis of any of the property. g. Funeral and Burial Expenses My Trustee may in its sole discretion pay the funeral and burial expenses, expenses of the last illness, and valid claims and expenses of an income beneficiary of any trust created under this agreement. Funeral and burial expenses shall include, but not be limited to, the cost of memorials of all types and memorial services of such kind as my Trustee shall approve. Valid claims and expenses shall include, but not be limited to, all state and federal death taxes. The payments shall be paid from the assets of the trust or trusts from which the beneficiary was receiving income. h. Income and Principal Powers My Trustee may determine in a fair, equitable, and practical manner how all Trustee's fees, disbursements, receipts, and wasting assets shall be credited, charged, or apportioned between principal and income. My Trustee may set aside from trust income reasonable reserves for taxes, assessments, insurance premiums, repairs, depreciation, obsolescence, depletion, and for the equalization of payments to or for the beneficiaries; it may select any and all accounting periods with regard to the trust property. i. Investment Powers in General My Trustee may invest and reinvest in such classes of stocks, bonds, securities, commodities, options, metals, or other property, real or personal, as it shall determine. My Trustee may invest in investment trusts as well as in common trust funds. 17-5 113720 My Trustee may purchase life, annuity, accident, sickness, and medical insurance on the behalf of and for the benefit of any trust beneficiary. j. Life Insurance Powers My Trustee, in its sole and absolute discretion, shall have the powers with regard to life insurance as set forth in this Paragraph j, except as otherwise provided in this agreement. My Trustee may purchase, accept, hold, and deal with as owner policies of insurance on my life, the life of any trust beneficiary, or on the life of any person in whom any trust beneficiary has an insurable interest. My Trustee shall have the power to execute or cancel any automatic premium loan agreement with respect to any policy, and shall have the power to elect or cancel any automatic premium loan provision in a life insurance policy. My Trustee may borrow money with which to pay premiums due on any policy either from the company issuing the policy or from any other source and may assign any such policy as security for the loan. My Trustee shall have the power to exercise any option contained in a policy with regard to any dividend or share of surplus apportioned to the policy, to reduce the amount of a policy or convert or exchange the policy, or to surrender a policy at any time for its cash value. My Trustee may elect any paid-up insurance or any extended-term insurance nonforfeiture option contained in a policy. My Trustee shall have the power to sell policies at their fair market value to the insured or to anyone having an insurable interest in the policies. My Trustee shall have the right to exercise any other right, option, or benefit contained in a policy or permitted by the insurance company issuing that policy. Upon termination of any trust created under this agreement, my Trustee shall have the power to transfer and assign the policies held by the trust as a distribution of trust property. 17-6 113720 k. Loan, Borrowing, and Encumbrance Powers My Trustee may loan money to any person, including a beneficiary, with or without interest, on any term or on demand, with or without collateral, as it deems in the best interests of the trust beneficiaries. My Trustee may borrow money upon such terms and conditions as it shall deem advisable, including, in the case of a corporate fiduciary, the power to borrow from its own banking or commercial department. My Trustee shall have the power to obligate the trust property for the repayment of any sums borrowed where the best interests of the beneficiaries have been taken into consideration. My Trustee shall have the power to encumber the trust property, in whole or in part, by a mortgage or mortgages, deeds of trust, or by pledge, hypothecation or otherwise, even though such encumbrance may continue to be effective after the term of any trust or trusts created in this agreement. 1. Margin, Brokerage, and Bank Account Powers My Trustee is authorized to buy, sell, and trade in securities of any nature, including short sales and on margin. My Trustee may maintain and operate margin accounts with brokers, and may pledge any securities held or purchased by my Trustee with such brokers as securities for loans and advances made to my Trustee. My Trustee is authorized to establish and maintain bank accounts of all types in one or more banking institutions that my Trustee may choose. m. Mortgage Powers My Trustee shall have the power to enter into any mortgage whether as a mortgagee or mortgagor, to purchase mortgages on the open market, and to otherwise buy, sell, or trade in first or subordinate mortgages. My Trustee may reduce the interest rate on any mortgage and consent to the modification or release of any guaranty of any mortgage. My Trustee may continue mortgages upon and after maturity with or without renewal or extension, and may foreclose any mortgage. My Trustee may purchase the mortgaged property or acquire it by deed from the mortgagor without foreclosure. 17-7 113720 n. Nominee Powers My Trustee may hold any trust property in the name of my Trustee, or in the name of a nominee, and may enter into agreements to facilitate holding such property. My Trustee may accomplish such with or without disclosing its fiduciary capacity. o. Nonproductive Property My Trustee may hold property which is non-income producing or is otherwise nonproductive if the holding of such property is, in the sole and absolute discretion of my Trustee, in the best interests of the beneficiaries. p. Oil, Gas, Coal, and Other Mineral Powers My Trustee may do all things necessary to maintain in full force and effect any oil, gas, coal, or other mineral interests comprising part or all of the trust property. My Trustee may purchase additional oil, gas, coal, and other mineral interests when necessary or desirable to effect a reasonable plan of operation or development with regard to the trust property. My Trustee may buy or sell undivided interest in oil, gas, coal, and other mineral interests, and may exchange any of such interests for interests in other properties or for services. My Trustee may execute oil, gas, coal, and other mineral leases on such terms as my Trustee may deem proper, and may enter into pooling, unitization, repressurization, and other types of agreements relating to the development, operation, and conservation of mineral properties. Any lease or other agreement may have a duration that my Trustee deems reasonable, even though extending beyond the duration of any trust created in this agreement. My Trustee may execute division orders, transfer orders, releases, assignments, farmouts, and any other instruments which it deems proper. My Trustee may drill, test, explore, mine, develop, and otherwise exploit any and all oil, gas, coal, and other mineral interests, and may 17-8 113720 select, employ, utilize, or participate in any business form, including partnerships, joint ventures, co-owners' groups, syndicates, and corporations, for the purpose of acquiring, holding, exploiting, developing, operating, or disposing of oil, gas, coal, and other mineral interests. My Trustee may employ the services of consultants or outside specialists in connection with the evaluation, management, acquisition, disposition, or development of any mineral interest, and may pay the cost of such services from the principal or income of the trust property. My Trustee may use the general assets of the trusts created under this agreement for the purposes of acquiring, holding, managing, developing, pooling, unitizing, repressuring, or disposing of any mineral interest. q. Powers of Attorney My Trustee may execute, deliver, and grant to any individual or corporation a revocable or irrevocable power of attorney to transact any and all business on behalf of the various trusts created in this agreement. The power of attorney may grant to the attorney-in-fact all of the rights, powers, and discretion that my Trustee could have exercised. r. Powers to Merge Similar Trusts My Trustee may merge and consolidate any trust created in this agreement with any other trust created by me, or any other person at any other time, if the other trust contains substantially the same terms for the same beneficiaries, and has at least one Trustee in common with the trust or trusts created in this agreement. My Trustee may administer such merged and consolidated trusts as a single trust or unit. If, however, such a merger or consolidation does not appear feasible, as determined in the sole and absolute discretion of my Trustee, my Trustee may consolidate the assets of such trusts for purposes of investment and trust administration while retaining separate records and accounts for the respective trusts. 17-9 113720 s. Powers of an Interested Trustee An interested Trustee is any Trustee who has an interest as a beneficiary in this trust agreement or any trust created by it. In all instances where an interested Trustee distributes, or participates in the distribution, of trust income or principal to or for the benefit of such Trustee, then the distribution shall be limited by the ascertainable standards of education, health, maintenance, and support. Notwithstanding anything in this agreement to the contrary, in making such distributions, the interested Trustee shall not use discretion in applying those ascertainable standards. No individual Trustee shall exercise or participate in the exercise of such discretionary power with respect to distributions to any person or persons such individual is legally obligated to support, as to that support obligation. t. Powers of an Insured Trustee Any individual Trustee under this agreement, other than me, is prohibited from exercising any power conferred on the owner of any policy which insures the life of such individual Trustee and which is held as part ofthe trust property. If my Trustee holds any such policy or policies as a part of the trust property, the powers conferred on the owner of such a policy shall be exercised only by the other then acting Trustee. If the insured Trustee is the only then acting Trustee, then such powers shall be exercised by a substitute Trustee designated pursuant to the provisions ofthe agreement dealing with the trusteeship. If any rule of law or court decision construes the ability of the insured Trustee to name a substitute Trustee as an incident of ownership, the substitution process shall be implemented by a majority of the then current mandatory and discretionary income beneficiaries, excluding the insured Trustee if the insured Trustee is a beneficiary. u. Real Estate Powers My Trustee may purchase, sell, transfer, exchange or otherwise acquire or dispose of any real estate. 17-10 113720 My Trustee may make leases and grant options to lease for any term, even though the term may extend beyond the termination of any trust created under this agreement. My Trustee may grant or release easements and other interests with respect to real estate, enter into party wall agreements, execute estoppel certificates, and develop and subdivide any real estate. My Trustee may dedicate parks, streets, and alleys or vacate any street or alley, and may construct, repair, alter, remodel, demolish, or abandon improvements. My Trustee may elect to insure, as it deems advisable, all actions contemplated by this subsection. My Trustee may take any other action reasonably necessary for the preservation of real estate and fixtures comprising a part of the trust property or the income therefrom. v. S Corporation Stock If any stock of an S corporation becomes distributable to a trust created under this agreement, and such trust is not a qualified Subchapter S trust, my Trustee may implement any of the following alternatives with respect to the S corporation stock: 1. A Sole Beneficiary Where the original trust is for a sole beneficiary, my Trustee may create for that beneficiary a separate trust that qualifies as a Subchapter S trust, and then distribute such stock to the newly created trust. 2. Multiple Beneficiaries Where the original trust is for multiple beneficiaries, my Trustee may divide the trust into separate trusts for each of the beneficiaries. Each newly created trust shall hold that beneficiary's pro rata share of the S corporation stock, and shall qualify as a Subchapter S trust. 17-11 113720 3. Outright Distributiou If circumstances prevent my Trustee from accomplishing the first two alternatives under this paragraph, my Trustee may, in its sole and absolute discretion, distribute such stock to the beneficiaries as if the trust had terminated, while continuing to hold any other non-S corporation property in trust. Each newly created S corporation trust shall have mandatory distributions of income and shall not provide for powers of appointment that can be exercised by the beneficiary during the beneficiary's lifetime. In all other respects, the newly created trusts shall be as consistent as possible with the original trusts and still qualifY as Subchapter S trusts. My Trustee may take any action necessary with regard to S corporations, including making any elections required to qualifY stock as S corporation stock, and may sign all required tax returns and forms. w. Sale, Lease, and Other Dispositive Powers My Trustee may sell, lease, transfer, exchange, grant options with respect to, or otherwise dispose ofthe trust property. My Trustee may deal with the trust property at such time or times, for such purposes, for such considerations and upon such terms, credits, and conditions, and for such periods of time, whether ending before or after the term of any trust created under this agreement, as it deems advisable. My Trustee may make such contracts, deeds, leases, and any other instruments it deems proper under the immediate circumstances, and may deal with the trust property in all other ways in which a natural person could deal with his or her property. x. Securities Powers In addition to those other securities powers granted throughout this Article, my Trustee may retain, exercise, or sell rights of conversion or subscription with respect to any securities held as part of the trust property. 17-12 . 113720 My Trustee may vote or refrain from voting at corporate meetings either in person or by proxy, whether general or limited, and with or without substitutions. y. Settlement Powers My Trustee may compromise, adjust, arbitrate, alter the terms of, or abandon any claim in favor of or against any trust created under this agreement, and may take deeds in lieu of foreclosure. z. Trust Addition and Retention Powers My Trustee is authorized to receive additional trust property, whether by gift, will, or otherwise, from either me or any other person, corporation, or entity. Upon receipt of any additional property, my Trustee shall administer and distribute the same as part ofthe trust property. My Trustee may retain, without liability for depreciation or loss resulting from such retention, all property constituting the trust estate at the time of its creation or thereafter received from other sources. The foregoing shall be acceptable even though such property may not be of the character prescribed by law for the investment of trust funds or may result in inadequate diversification of the trust property. aa. Concerning Self-Dealing et al. No rule of law against self-dealing, divided loyalty, or conflict of interest shall be applied to render any transaction effected by the fiduciaries void, voidable, or otherwise subject to attack solely for violation of such rule, nor shall the fiduciaries incur any liability, nor shall any fiduciary commissions for acting hereunder be reduced, solely for violation of such rule. Any transaction which involves self-dealing, divided loyalty, or conflict of interest by the fiduciaries shall be judged by the rules of law which would apply to the same transaction at arm's length between strangers free of any element of self-dealing, divided loyalty, or conflict of interest. Thus, by way of illustration and not of limitation, all fiduciaries are authorized, without giving any notice required by statute, to: 17-13 . 113720 I. Employ and compensate any fiduciary or any affiliate as broker, agent, or professional advisor for any purpose. 2. Borrow from the commercial department of any corporate fiduciary or any affiliate at current interest rates. 3. Buy, retain, and sell any debt or equity security issued or underwritten by any corporate fiduciary or any affiliate and any debt security secured, supported, and/or otherwise enhanced by a letter of credit issued by any corporate fiduciary or any affiliate. 4. Buy, retain, and sell any security of any investment company or trust registered under the Investment Company Act of 1940 to which any corporate fiduciary or any affiliate renders services for compensation. 5. Buy property from or sell property to any beneficiary or fiduciary acting hereunder or otherwise on arm's length terms. An "affiliate" means any entity which owns, directly or indirectly, an interest in any corporate fiduciary, any entity in which any corporate fiduciary owns an interest, directly or indirectly, and any entity in common control with any corporate fiduciary. bb. Trustees' or Fiduciaries' Powers Acts In addition to all of the powers specifically granted my Trustee in this Article, my Trustee may exercise those powers set forth under the Trustees' or Fiduciaries' Powers Acts, or their equivalent, of the Commonwealth of Pennsylvania, together with any amendment to such laws. My Trustee may perform every act reasonably necessary to administer each and every share or trust created under this agreement. All of the powers granted to my Trustee in this Article shall be in addition to those powers conferred upon Trustees under all applicable state and federal statutes. Each power conferred upon my Trustee under this Article, or upon Trustees in general, by applicable state or federal statutes, shall be subject to any express limitations or contrary directions contained in this agreement. 17-14 . . 113720 Article Eighteen Definitions and General Provisions Section 1. Definitions For purposes of this agreement, the following words and phrases shall be defined as follows: a. Adopted and Mterborn Persons Persons who are legally adopted while they are under 18 years of age (and not those persons adopted after attaining 18 years of age) shall be treated for all purposes under this agreement as though they were the naturally born children of their adopting parents. An afterborn person is a descendant of mine who is born after the date that I sign this agreement. A child in gestation who is later born alive shall be considered a child in being throughout the period of gestation. b. Descendants A person's descendants shall include all of his or her lineal descendants through all generations. A descendant in gestation who is later born alive shall be considered a descendant in being throughout the period of gestation. An adopted person, and all persons who are the descendants by blood or by legal adoption while under the age of 18 years of such adopted person, shall be considered descendants of the adopting parents as well as the adopting parents' ancestors. c. Per Stirpes Distributions Whenever a distribution is to be made to a person's descendants, per stirpes: 18-1 . 113720 The distributable assets are to be divided into as many shares as there are then living children of such person and deceased children of such person who left then living descendants. Each then living child shall receive one share and the share of each deceased child shall be divided among such child's then living descendants in the same manner. d. Education As used in this trust, "education" shall include: Any course of study or instruction at an accredited college or university granting undergraduate or graduate degrees. Any course of study or instruction at any institution for specialized, vocational, or professional training. Any curriculum offered by any institution that is recognized for purposes of receiving financial assistance from any state or federal agency or program. Any course of study or instruction which may be useful in preparing a beneficiary for any vocation consistent with the beneficiary's abilities and interests. Distributions for education may include tuition, fees, books, supplies, living expenses, travel, and spending money to the extent that they are reasonable. e. Personal Representative For the purposes of this agreement, the term "personal representative" shall include an executor, administrator, guardian, custodian, conservator, Trustee, or any other form of personal representative. f. Disability Except as otherwise provided in this agreement, any individual may be treated as disabled, incompetent, or legally incapacitated if: 18-2 . . 113720 The individual has been declared or adjudicated as such by a court of competent jurisdiction, or A guardian, conservator, or other personal representative of such individual's person or estate has been appointed by a court of competent jurisdiction, or The individual has been certified as such in writing by at least two licensed physicians, or The individual has disappeared or is absent for unexplained reasons, or the individual is being detained under duress where the individual is unable to effectively manage his or her property or financial affairs. Section 2. Dissolution of My Marriage If my marriage to my spouse shall be dissolved at any time, my spouse shall cease to be a beneficiary under this agreement and shall be treated for purposes of interpreting this agreement as though my spouse predeceased me. Section 3. The Rule Against Perpetuities Unless sooner terminated by the express provisions of this agreement, each trust created in this agreement shall terminate twenty-one years after the death of the last survivor of the group composed of me, my spouse, and those of my descendants living at the time of my death. At that time, the property held in trust shall be discharged of any further trust, and shall immediately vest in and be distributed to those persons entitled to receive or have the benefit of the income from the respective trust. For purposes of distributions under this Section only, it shall be presumed that any person then entitled to receive any discretionary payments of the income of a separate trust is entitled to receive all of the income, and it shall be presumed that any class of persons entitled to receive discretionary payments of income is entitled to receive all of such income. 18-3 '.'\(-:~"" . 113720 Section 4. Protective Clause To the fullest extent permitted by law, the interests of all the beneficiaries in the various trusts and trust property subject to this agreement, except for my interest therein while I am living, shall not be alienated, pledged, anticipated, assigned, or encumbered unless specifically authorized by the terms of this agreement. Such interests, while they remain trust property, shall not be subject to legal process or to the claims of any creditors. Section 5. Maintaining Property in Trust If, on the termination of any separate trust created under this agreement, a final distribution is to be made to a beneficiary for whom my Trustee holds a trust created under this agreement, such distributions shall be added to such trust rather than being distributed. Section 6. Survivorship Presumptions If the order of my death and my spouse's death cannot be established by proof, my spouse shall be deemed to have survived me. Section 7. Contest Clause If any person, including a beneficiary, other than me, shall in any manner, directly or indirectly, attempt to contest or oppose the validity of this agreement, including any amendments thereto, or commences or prosecutes any legal proceedings to set this agreement aside, then in such event such person shall forfeit his or her share, cease to have any right or interest in the trust property, and shall be deemed to have predeceased me. Should any person disclaim his or her interest, in whole or in part, in any trust created for his or her benefit in this trust agreement, the result of which would be for that person to receive trust property free of trust earlier than provided by the terms of the trust, then the disclaiming person shall forfeit his or her interest in the trust, shall cease to have any right or interest in the trust property, and shall be deemed to have predeceased me. 18-4 .. .... 113 720 In the event my spouse successfully elects to take a statutory share of my estate as provided under state law, then my spouse's interest in this trust shall terminate and any property held in trust for the benefit of my spouse as provided in this agreement shall be held and distributed as though my spouse had predeceased me, notwithstanding any provision in this agreement to the contrary. Section 8. Changing the Trust Situs After my death, the situs of this agreement may be changed by the unanimous consent of all of the beneficiaries then eligible to receive mandatory or discretionary distributions of net income under this agreement. If such consent is obtained, the beneficiaries shall notifY my Trustee in writing of such change of trust situs, and shall if necessary designate a successor corporate fiduciary in the new situs. This notice shall constitute removal of the current Trustee if appropriate, and any successor corporate Trustee shall assume its duties as provided under this agreement. A change in situs under this Section shall be final and binding, and shall not be subject to judicial review. Section 9. General Matters The following general matters of construction shall apply to the provisions of this agreement: a. Construction Unless the context requires otherwise, words denoting the singular may be construed as denoting the plural, and words of the plural may be construed as denoting the singular. Words of one gender may be construed as denoting another gender as is appropriate within such context. b. Headings of Articles, Sections, and Paragraphs The headings of Articles, Sections, and Paragraphs used within this agreement are included solely for the convenience and reference of the 18-5 . 1I3720 reader. They shall have no significance III the interpretation or construction of this agreement. c. Notices All notices required to be given in this agreement shall be made in writing by either: Personally delivering notice to the party requiring it, and securing a written receipt, or Mailing notice by certified United States mail, return receipt requested, to the last known address of the party requiring notice. The effective date of the notice shall be the date of the written receipt or the date of the return receipt, if received, or if not, the date it would have normally been received via certified mail, provided there is evidence of mailing. d. Delivery For purposes of this agreement "delivery" shall mean: Personal delivery to any party, or Delivery by certified United States mail, return receipt requested to the party making delivery. The effective date of delivery shall be the date of personal delivery or the date of the return receipt, if received, or if not, the date it would have normally been received via certified mail, provided there is evidence of mailing. e. Applicable State Law The validity of this trust shall be determined by reference to the laws of the Commonwealth of Pennsylvania. Questions with regard to the construction and administration of the various trusts contained in this agreement shall be determined by 18-6 113720 reference to the laws of the state in which the trust is then currently being administered. f. Duplicate Originals This agreement may be executed in several counterparts; each counterpart shall be considered a duplicate original agreement. g. Not Contractual My spouse and I are executing our wills at or about the same time, but even though our wills are similar, they are not intended to be, and shall not be construed to be, contractual or reciprocal. h. Severability If any provision of this agreement is declared by a court of competent jurisdiction to be invalid for any reason, such invalidity shall not affect the remaining provisions of this agreement. The remaining provisions shall be fully severable, and this agreement shall be construed and enforced as if the invalid provision had never been included in this agreement. I have executed this agreement the day and year first written above. I certify that I have read my foregoing restatement of revocable living trust agreement, and that it correctly states the terms and conditions under which my trust property is to be held, managed, and disposed of by my Trustee. I approve this revocable living trust in all particulars, and request my Trustee to execute it. ~ ) ~. /dvz PA D. KISTER, ti:-""",,& PNC BANK, NATIONAL ASSOCIATION, Trustee By~c?~~,Vf. 18-7 113720 COMMONWEALTH OF PENNSYLVANIA ) ) ss. ) COUNTY OF CUMBERLAND The foregoing restatement of living trust agreement was acknowledged before me on March 22, 2001, by PAUL D. KISTER, as Trustmaker. Witness my hand and official seal. /~~~li~b~&~~Y/~u' St NOll2rlo! Seal evonna A. Coleman /iolary Pubr MHampde~ T~p., CUmber1:3.nd COlJn~c J y Commlssmn E~lms July "12, 2064 Member, PennS"i~JafliaASSOdatiOl'!otNota!ieS COMMONWEALTH OF PENNSYLVANIA ) ) ss. ) COUNTY OF CUMBERLAND The foregoing restatement of living trust agreement was acknowledged before me on March 22, 2001, by L:;r;~/L J /}'E'/rY/4-LL/N/ , a duly authorized representative ofPNC BANK, NATIONAL ASSOCIATION, as Trustee. Witness my hand and official seal. //...:;! /' d .// // ;;/ ./ p;. ~-~J-:;:~~~ t.::'- - L .rL<?/4i?::<,j) /NOTARYPUBLIC f R.-~-:' {.;!t~i;i~,*,Uf~;;' 21:,,,,,;f~.;a i,I";"i" Mc.~~-~~.~$..~, '~}lJiJii.Y; . "2J~~/ . "n3!1va{liaAs$~''':' <'::.vu4 . """'liOnotNOlanss 18-8 MetLifelnvestors. April 1, 2003 Mr. Duke Schneider MacELREE HARVEY 17 West Miner Street West Chester, PA 19381-0660 Claimant: RE: Policy Number: Annuitant: Owner: Beneficiary(ies): Kathryn O. Kister Capitol Life Insurance Company C1053422 Paul D Kister Paul D Kister Living Trust dtd 3/27/1997 Kathryn O. Kister, Spouse Dear Mr. Schneider: We are sorry to learn of the death of Paul D. Kister. The following information will be helpful in settling the claim on this annuity policy. The policy remains in force and will be endorsed to the surviving spouse, who now becomes sole owner and annuitant with all rights of ownership. ' , . Enclosed is a Policy Claims Settlement Form that should be used to request the ownership change and designate any new beneficiaries. The claimant should complete sections A, E, and F and return it to our offices accompanied by a certified copy,of,the death certificate. Written confirmation of the changes will be sent upon receipt of the required documents. The policy was opened June 5, 1985 with $6,655.85 non qualified funds. The value as of the date of death was $18,295.87 for a surrender of the policy and $19,570.21 if the owner were to annuitized the policy. The cost basis of the annuity is $4,142.30. If Mrs. Kiter is no longer living the annuity contract does specify contingent beneficiaries. If you have any questions, please call me toll-free at 800-284-4536 extension 4279. Nor ne Bradsell Claims Representative Address replies to: P.O. Box 14593 Des Moines, IA 50306-3593 DC30 U4/U7/2003 12:06 FAX 515 457 4219 caVA Ii!J002 MetLifelnvestorS" April 7, 2003 KATHRYN KISTER 39 BUllOCK CIRCLE CARIlSLE P A 17013-7616 ConvTo: CASSANDRA K RlCKETfS PUS! INSURANCE SERVICES INC PO BOX 38788 GREENSBORO NC 27438 RE: Policy Number: 203215-3 Dear Ms. Kister: Thank you for yom recent inquiry regarding the current account value of your annuity policy referenced above. As of December 20, 2001, the account value is $114,289.57. Cost basis was $76,000.00. Thank you again for the opportunity to serve your investment needs. We appreciate your business. If you have any questions concerning the above, or yom policy in general, please call a Fixed Annuity Policy Service Representative at (800) 255-9448. Our staff will gladly assist yoll between the hours of7:30 a.m. and 5:30 p.m., Central Time, Monday through Thursday, and.from 7:30 a.ID. unti15:00p.m., Friday. Sincerely, . ..~ Anna Rice Fixed Annllity Policy Service Department MetLife In'V'lUtors Insurance Company. MetUfe Investors In5uronce Company Df California <6'. ..1 ..u ,________...1____ 91-. ~.. ~__&'.. Jl'I...:. n"M rl1: ano 755 9.d..d.B Estate Valuation Da.te of Death; valuation Date: processing Date: 12/20/2001 12/20/2001 01/15/2002 ---\ Estate of: PAUL 0 KISTEJlRA , Report Type: Date of D~ath Number of Securities: 28 File ID: 3119361 shares or Par Security Description High/Ask Low/Bid Mean and/or Div and Int security Adjustments Accruals Value 11 158.772 MARSICO INVT Fe (573012200) GROWTH & INeM NASDAQ 12/20/2001 13.86000 Bid 13.860000 2,200.58 21 2314.815 VANGUARD FIXED INCa.tE SECS PO (922031406) SHR TRM CP PTFL NASDAQ 12/20/2001 10.80000 Bid 10.800000 25,000.00 31 1200 GENERAL ELEC CO (369604103) NYS' 12/20/2001 41.16000 40.63000 H/L 40.895000 49,074.00 41 300 I?AYCHEX tNC (704326101} NASOl\Q 12/20/2001 35.55000 34.17000 8/L 34.860000 10,458.00 51 400 TARGET CORP (87612&106) NYSE 12/20/2001 38.39000 37.26000 H/t. 37.825000 15,130.00 6) 200 WAL MART STORES INC (931142103) NYS' 12/20/2001 57.HOOO 56.20000 H/L 56.670000 Div; 0.07 Ex: 12/19/2001 Rae: 12/21/2001 Pay: 01/07/2002 + 0.070000 56.740000 11,348.00 7) 300 COLGATE PAIH)LIVE CO (194162103) NYSE 12/20/2001 58.58000 57.90000 HIL 58.240000 17,472.00 8) 200 RITE AID CORP (767754104) NYSE 12/20/2001 4.05000 3.96000 H/L 4.005000 801.00 9) 300 SARA LEE CORP (803111103) NYSE 12/20/2001 22.77000 22.00000 H/L 22.385000 6,715.50 Div: 0.15 Ex: 11/29/2001 Rec: 12/03/2001 Pay: 01/02/2002 45.00 10) 600 BRISTOL MYERS SQUIBB CO (1101221081 NYSE 12/20/2001 53.20000 51. 60000 H/L 52.400000 31,440.00 11) 60 ZIMMER HLOGS INC (98956pl02) NYSE 12/20/2001 30.55000 29.80000 H/L 30.175000 1,810.50 121 60B CHEVRONTEXACO CORP (166764100) NYSE 12/20/2001 88.30000 87.10000 H/L 87.700000 53,321. 60 Page 1 This report was produced with EstateVal, a product of Estate Valuations & Pricing Systems, Inc. If you have questions, please contact EVP Systems at (818l 313-6300. (Revision 6.3.3) Estate Valuati0n ..._--:...~~ ...- I"~ Date of Death: 12(20(2001 Estate of~ PAUL KISTER TRUST Valuation Date: 12(20(2001 Report TYP~&- of"'-oeath Processing Data: 01(15(2002 Number of Securities: 50 File 10: 3119387 Shares Security Mean and/ or oi v and Int Security or Par Description High/Ask Low/Bid Adjustments Accruals Value 1) 15000 BEAVER CNTY PA G.O. EOS '0748S1'KT2) FT lntr. DTD: 11/01/1997 Mat: 10/01/2017 5.15% 12(20(2001 100.41300 100.16300 A/D 100.288000 15,043.20 . Int: 10/01/2001 to 12/20/2001 169.52 2) 10000 BERKS CNT'l PA G.O. BDS 108.509JQ2) OTC OTD: 03/15/1999 Mat: 11/15/2009 4.35% 12/20/2001 99.85700 99.60700 A/E 99.732000 9,973.20 . lot: 11/15/2001 to 12/20/2001 42.29 3) 20000 CQCM..ICO SCR DIST l?A LANCASTER G. O. BDB t19l258K(7) FT Intr. DTD: 09/15/1998 Mat: 02(15(2015 5% 12/20/2001 100.11900 99.96900 A/E 99.994000 19,998.80 . lot: 08/15/2001 to 12/20/2001 341.22 '1 10000 GREA.TER JOHNSTOWN fA SCB. DIST G.O. BOS (392023HD21 FT Intr. DTD: 0'/01(1993 Mat, 09/01(2004 '.80 12/20/2001 100.03200 100.03100 A/B 100.031500 10,003.15 . lnt: 09/01/2001 to 12/20/2001 145,33 5) 10000 LANSDM.E PA G.O. BOS (516048EQ4) OTC DTD: 12/15/1993 Mat: 01/15/2005 4.8\ 12(20(2001 100.02600 100.02500 A/B 100,025500 10,002.55- lnt: 07/15/2001 to 12/20/2001 206.67 61 5000 NORTH CARQLIm. KJN PWR ACY NO CATAWBA E (658203CD4 ) For Intr. DTD: 04/01/1980 Mat: 01/01/2010 10.5\ 12/20(2001 125.94600 125.69600 AID 125.821000 6,291. 05 . lnt: 07/01/2001 to 12/20/2001 246.46 7) 5000 PENNSYL~JA ST G.O. BOS (709141LJ2) " Intr. DTD: 10/01/1999 Mat: 10/01/2013 5.5% 12/20(2001 105.76800 105.51800 A/D 105.643000 5,282.15 . lnt: 10/01(2001 to 12/20/2001 60.35 8) 10000 PHILADELPHIA PA MUN AUTH JU:V LEASE REV (717904FV3) FT Intr. DTD: OB/15/1993 Mat: 04/01/2018 5.25% 12120(2001 100.61700 100.49700 A/e 100.551000 10,055.70 . rot: 10(01(2001 to 12/20/2001 115.21 91 15000 PITTSBURGH PA G.O. DDS (7252086'l'() FT Intr. DTD: 12/01/1997 Mat: 09/01/2014 5, SO 12/20/2001 103.26100 103.01100 A/D 103.136000 15,470.-40 . lnt: 09/01/2001 to 12/20/2001 249.79 Page 1 This report was produced with EstateVal, a product of ~state Valuations' Pricing Systems, Inc. If you have questions, pleaee contact EVP Systems at (818) 313-6300. (Revision 6.3.3) D.s.te of Death: Valuation Date: processing Date: 12/20/2001 12/20/2001 01/15/2002 Shares or Par Security Description Estate of: PAUL KISTER TRUST Report Type: Date of Death Number of Securities: 50 File 10: 3119387 High/Ask Low/Did Mean and/or Div and Int Adjustments Accruals 10) 20000 SOUTHWEST DELAWARE CNTY PA HUN GTe SWR R (SUBlOtE?) FT Intr. DTD: 07/15/1998 Mat: 08/01/2017 5% 12/20/2001 98.73600 98.48600 A/D lnt: OS/01/2001 to 12/20/2001 111 10000 TITUSVILLE PA AREA SCH DIST G.O. BDS (BBB615CB9) OTC DTD: 07/01/1997 Hat: 07/01/2012 5.25% 12/20/2001 102.81700 102.56700 AlB lot: 07/01/2001 to 12/20/2001 12) 5000 FORD MOTOR CR CO (345397HGll OTe DTD: 06/29/1994 Hat: 06/15/2004 7.5% 12/20/2001 104.94490 Bid Int: 12/15/2001 to 12/20/2001 13) 10000 UNITED STATES TREASURY NT (912827083) OTC DTD: 08/15/1995 Hat: 08/15/2005 6.5% 12/20/2001 108.15625 108.09375 A/' lnt: OB/15/2001 to 12/20/2001 14) 396.975 VANGUARD/PRIMECAP Fe INC (9219361001 CCO< NASDAQ 12/20/2001 50.56000 Bid 15) 14611.163 VANGUARD PA TAX FREE FD (92204LI04) INSP LTM PORTF NASDAQ 12/20/2001 11.18000 Bid 16) 200 CATERPILLAR lNC DEL (149123101) NY., 12/20/2001 50.54000 H/L 51.81000 17) 100 DEERE & CO (244199105) NY., 12/20/2001 41. 85000 a/L 43.02000 18) 100 FIRST DATA CORP (319963104) NY., 12/20/2001 75.20000 H/L 77.32000 19) 1200 GENERAL ELEC CO (369604103) NY.' 12/20/2001 40.63000 H/L 41.16000 20) 600 TYCO INTL LTD NEW (902124106) NY., 12/20/2001 56.95000 H/L 57.69000 Page 2 98.611000 102.692000 104.944900 109.12.5000 50.560000 11.180000 51.175000 42.435000 76.260000 40.895000 51.320000 386.11 246.46 224.32 Securi ty Value 19,722.20 · 10,269.20. 5,247.24 . 5.21 10,812.50. 20,071.06 . 163,352.90 . 10,235.00 . 4,243.50 . 7,626.00 . 49,074.00 . 34,392.00 . This report was produced with EstateVal, a product of Estate Valuations & pricing Systems, Inc. If you have questions, please contact gyp Systems at (SIS) 313-6300. (Revision 6.3.3) 12/20/2001 12/20/2001 01/15/2002 Date of Death: Valuation Date: processing Date: 211 221 231 241 251 26) 271 281 29) 30) 31) 321 Estate of: PAUL KISTER TRUST Report Type: Date of Death Number of Securities: 50 File 10: 3119387 Shares or Par security Description Mean and/or Div and lot Adjustments Accruals Securi ty Value High/Ask LOW/Bid 450 HOME DEPOT INe (437076102) NYSE 12/20/2001 50.96000 50.05000 HIL 50.505000 22,727.25 . 200 LOWES COS INC (5496611D7) NYSE 12/20/2001 47.20000 46.04000 Hit 46.620000 9,324.00 . 200 WAL ~T STORES IHe (931142103) NYSE 12/20/2001 57.14000 56.20000 8/L Div: 0.07 Ex: 12/19/2001 Ree: 12/21/2001 Pay: 01/07/2002 56.670000 + 0.070000 56.740000 11,348.00 . 200 WENDYS IN'l'L INC (950590109) NYSE 12/20/2001 28.42000 28.13000 8/t 28.275000 100 COCA COLA CO (191216100) NYSE 12/20/2001 48.10000 47.24000 B/t 47.670000 400 GILLETTE co (375766102) NYSE 12/20/2001 34.42000 33.63000 H/L 34.025000 200 PEPSICO INC (713448108) NYSE 12/20/2001 49.67000 48.86000 H/t 49.265000 Div: 0.145 Ex: 12/05/2001 Ree: 12/07/2001 Pay: 01/02/2002 5,655.00. .,767.00 . 13,610.00 . 9,853.00 . 29,00 ~ cJ' .,'h' 90100 ,lU 200 R!'rE AID CORP ('761'154104) NYSE 12/20/2001 4.05000 3.96000 H/L 4.005000 100 AMGEN INC (031162100) NASDAQ 12{20/2001 58.53000 57.75000 H/L 58.140000 200 BAXTER INTL INC (071813109) NYSE 12/20/2001 52.45000 51.70000 H/L 52.075000 5,814.00 . 10,415.00 __ Div: 0.582 Ex; 12/12/2001 Ree: 12/14/2001 Pay: 01/07/2002 116.40 400 JOHNSON" JOHNSON (478160104) NYSE 12/20/2001 58.83000 57.73000 H/L 58.290000 23,312.00 . 100 MEDTRONIC INC (585055106) NYSE 12/20/2001 50.10000 49.28000 R/L 49.690000 4,969.00- Page 3 This report was produced with EstateVal, a product of Estate Valuations & pricing Systems, Inc. If you have questions, please contact EVP Systems at (BIB) 313-6300. (Revision 6.3.3) Date of Death: Valuation Da.te: ProcesSing Date: 12/20/2001 12/20/2001 01/15/2002 Estate of: PAUL KISTER TRUST Report Type: Date of Oeath Number of Securities: 50 File 10: 3119381 33) 34} 35) 36' 37} 3B) 39) 40) 41) 42) 0) 44' Shares or Par Securi ty Description Mean and/or Div and Int Adjustments Accruals Securi ty Val ue High/Ask Low/Bid 200 MERCK & CO INC (589331107) NYgE 12/20/2001 60.17000 5B.69000 H/L 59.430000 11,896.00. Div: 0.35 Ex: 12/05/2001 Rec: 12/01/2001 Pay: 01/02/2002 70.00 20 ZTIMHER HLOGS INC (98956P102) NYg. 12/20/2001 30.55000 29.80000 H/L 30,175000 38.76000 38.14000 8/L 38.450000 81.40000 BO.20000 H/L 80.800000 603.50.... 528 EXXON MOBIL CORP (30231GI021 NYg. 12/20/2001 20,301.60 . 187 ~RlCAN INTL GROUP tNC (026874107) NYg. 12/20/2001 15,109.60. Div: 0.042 Ex: 12/05/2001 Rec: 12/07/2001 Pay: 12/21/2001 7.85 600 J P ~ CHASE , CO (46625HI00) NYSE 12/20/2001 37.46000 36.15000 H/L 36.805000 22,083.00 . 100 WACHOVIA CORP 2ND NEW (929903102) NYg. 12/20/2001 31.80000 31. 45000 H/L 31.625000 3,162.50 . 600 INTEL CORP (458140100) NASDAQ 12/20/2001 33.20000 31. 82900 H/L 32.514500 19,508.70 .. 200 IN'l'ERNATIONAL BUSINESS MACIIS (459200101) NYSE 12/20/2001 124.00000 122.15000 H/L 123.075000 24,615.00 . 100 MICROSOFT CORP (594918104) NASDAQ 12/20/2001 69.40000 66.62600 U/L 68 .013000 100 QUALCCMoi INC (747525103) NASDAQ 12/20/2001 52.00000 49.37000 H/L 50.695000 100 SUNGARD DATA SYS INC (867363103) NYgE 12/20/2001 29.48000 28.03000 H/L 28.755000 200 DUKE ENERGY CORP (264399106) NYg. 12/20/2001 38.12000 31.01000 B/L 31 . 56S000 6,901. 30 . 5,068.50 . 2,815.50. 7,513.00. Page 4 This report was produced with EstateVal, a product of Estate Valuations & Pricing Systems, Inc. If you have questions, pleaae contact gyp Systems at (818) 313-6300. (Revision 6.3.3) Date of Death: Valuation Date: Processing Date: 12/20)2001 12/20/2001 01/15/2002 shares or Par Securi ty Description High/Ask 451 200 pO~ ELEC PWR DO (737679100) NYSE 12/20/2001 22.10000 Div: 0.25 Ex: 12/06/2001 Ree: 12/10/2001 Pay: 12/31/2001 21. 59000 H/L 46) 300 VERIZON COMMUNICATIONS 192343Vl04) NYSE 12/20/2001 48.49000 47) 100 TEHPLE'l'ON DRAGON FO INC (88018T10l) NYSE 12/20/2001 7.23000 Div: 0.2062 Ex: 12/11/2001 Rec: 12/13/2001 Pay: 12/24/2001 7 .11000 H/L 481 5 PENNSYLWiNIA INSD MUNS INCCME n0884C321) UT SER 131 M aTe 12/20/2001 Low IBid 47.86000 H/L 128.26000 Bid Carryover & daily interest: Int: 0.36 Ex: 12/06/2001 Rec: 12/10/2001 Pay: 12/25/2001 491 132 SP PLC (055622104) NYSE 12/20/2001 45.06000 50) 4467.849 B~ FOS (091928622) Pl\ TJl.XFREE INS NASOMJ 12/20/2001 Total Value: Total Accruall: Totall: $775,876.73 Page 5 44.30000 B/L 10.69000 Bid ~ Estate of: PAUL KISTER TRUST Report Type: Date of Death Number of Securities: SO File ID: 3119387 Mean and/or Div and lnt Adjustments Accruals Security Value . 4,369.00 14,452.50 . 717,00 . 20.62 641.30 . 8.10 1.80 5,897.76 . 21.945000 50,00 48.175000 7.170000 128.260000 44.680000 10.690000 $2.748.71 47,761.31 . $T13,128.02 This report was p~cduced with EstateVal, a product of Estate Valuations & Pricing Systems, Inc. If you have questions, please contact EVP Systems at (a18) 313-6300. (Revision 6.3.3) D~te of Death: Valuation Date: processing Date: Shares or Par 13) 141 15) 16) 17) 181 19) 20) 21) 22} 23) 24} 25) 12/20/2001 12/20/2001 01/15/2002 Sec:uri ty Description 200 SCHLUMBERGER LTD {806857108} NYSE 12/20/2001 133 CITIGRQUP INC (17296710l) NYSE 12/20/2001 100 PNe FINL SVCS GROUP INC (693475105) NYSE 12/20/2001 200 CISCO SYS INC (17275R102) NASDAQ 12/20/2001 200 DELL COMPUTER CORP (247025109) NASOAQ 12/20/2001 800 LUCENT TECHNOLOGIES INC (549463107) NYSE 12/20/2001 200 TELLABS INC (879664100) NASDAQ 12/20/2001 600 DUKE ENERGY CORP (264399106) NYSE 12/20/2001 300 EXELON CORP (30161N101) NYSE 12/20/2001 300 PO~ ELEC PWR CO (131619100) NYS' 12/20/2001 High/Ask 53.99000 50 _ 50000 57.20000 18.99000 28.63000 6.14000 14.72000 38.12000 47.95000 22.10000 Estate of: PAUL 0 KISTER IRA Report Type: Date of Death Number of Securities: 28 File 10: 3119361 Low/Sid Mean and/or Div and Int Adjustments Accruals 51.95000 H/L 49.45000 H/L 56.45000 H/L 18.08000 H/L 27.55000 H/L 6.00000 H/L 13.85000 H/L 37.01000 H/L 46.30000 HIL Div: 0.25 Ex: 12/06/2001 Rae: 12/10/2001 Pay: 12/31/2001 21. 5900<> H/L 500 AT&T CORP (001957109) NYS' 12/20/2001 160 AT&T WIRELESS SVCS INC (00209A106) NYS' 12/20/2001 600 BELLSOUTH CORP (079860102) NYSE 12/20/2001 18.75000 13. 50000 39.30000 Page 2 17. 63000 H/L 12. 77000 H/L 38.37000 H/L 52.910000 49.975000 56.825000 18.535000 28.090000 6.010000 14:.285000 37.565000 47.125000 21.845000 18.190000 13.135000 38.835000 Securi ty Value 10,594.00 6,646.68 5,682.50 3,707.00 5,618.00 4,856.00 2,857.00 22,539.00 14,137.50 6,553.50 15.00 9,095.00 2,101.60 23,301. 00 This report was produced with EstateVal, a product of Estate Valuations & Pricing Systems, Inc. If you have questions, please contact EVP Systems at (61B) 313-6300. (Revision 6.3.3) Date of Death: Valuation Date: processing Date: 12/20/2001 12/20/2001 01/15/2002 Shares or Par Sec:uri ty Description 261 400 SBe COMMUNICATIONS INC (78387GIQ3) NYS' 12/20/2001 271 400 VERlZON CCMoIUNICA.TIONS {92343VI(4) NYS' 12/20/2001 28} 200 GLMOSMI'rHlU.lNE PLC (37733Wl05) NYS' 12/20/2001 Estate of: PAUL 0 KISTER IRA Report Type: Date of Death Number of Securities: 28 File 10: 3119361 Mean and/or Div and Int Adjustments Accruals High/ASk Low/Bid 39.87000 38.84000 H/L 39.355000 48.49000 41.86000 H/L 48.115000 49.38000 48.87000 H/L 49.125000 Div: 0.25584 Ex: 10/31/2001 Rae: 11/02/2001 Pay: 01/03/2002 Total Value: Total Accrual: Total: $387,468.13 Page 3 51.17 $111.17 Securi ty Value 15,742.00 19,270.00 9,825.00 $387,296.96 This report was produced with EstateVal, a product of Estate Valuations & Pricing Systems, Inc. If you have questions, please contact EVP Systems at (818) 313-6300. (Revision 6.3.3) COMMONWEAL.TH OF PENNSYL.VANIA DEPARTMENT OF REVENUE BUREAU OF INDIVIDUAL. TAXES DEPT. 280e01 HARRISBURG, PA 17128..Q601 REV.1162 EX!' '-96) RECEIVED FROM: PENNSYLVANIA INHERITANCE AND ESTATE TAX OFFICIAL RECEIPT MACELREE HARVEY L TO 17 WEST MINER ST PO BOX 660 WEST CHESTER, PA 19381-0660 ______u fold ESTATE INFORMATION: SSN: 716-18-1170 FILE NUMBER: 2102-0848 DECEDENT NAME: KISTER PAUL 0 DATE OF PAYMENT: 04/15/2003 POSTMARK DATE: 04/14/2003 COUNTY: CUMBERLAND DATE OF DEATH: 12/20/2001 NO. CD 002451 ACN ASSESSMENT CONTROL NUMBER AMOUNT 101 I $2,247.33 I I I I I I I I TOTAL AMOUNT PAID: $2,247.33 REMARKS: PNC BANK C/O MACELREE HARVEY L TO CHECK# 1144859 SEAL INITIALS: DO RECEIVED BY: REGISTER OF WILLS DONNA M. OTTO DEPUTY REGISTER OF WILLS . M3cELREE HARVEY Duke Schneider (610) 436-0100 (610) 429-4486 Fax e~mail: dschneiderUfunacelree.com www.macelree.com MacElree Harvey, Ltd. Attorneys at Law 17 West Miner Street Post Office Box 660 West Chester, PA 19381-0660 April 14, 2003 VIA FEDERAL EXPRESS Register of Wills Cumberland County Courthouse I Courthouse Square Carlisle, P A 17013 RE: Estate of Paul D. Kister Social Security No. 716-18-1170 File No. 2102-0848 Dear Sir or Madam: This office represents the Estate of Paul D. Kister, Deceased, who died on December 20, 2001. This estate has not been probated. I am enclosing the following documents for filing: 1. Two originals of the Pennsylvania inheritance tax return for filing; 2. Face page of the Pennsylvania inheritance tax return for time stamping. Please time stamp the face page and return in the enclosed envelope. 3. Check made payable to the Register of Wills, Agent in the amount of$2,247.33; 4. Original of the United States estate tax return (Form 706) which has been filed with the Internal Revenue Service; 5. return. Check in the amount of$15.00 for the filing of the Pennsylvania inheritance tax If you should have any questions regarding the enclosed, please do not hesitate to contact me. Register of Wills April 14, 2003 Page 2 . MacELREE HARVEY Please send your official receipt in the envelope provided. DS/das Enclosures cc: Mr. David Brown, PNC Bank 185080 _1.DOC Very truly yours, ~C-~ Duke Schneider /-?- ';:>'7-'1 \... BUREAU OF INDIVIDUAL TAXES INHERITANCE TAX DIVISION DEPT. 280601 HARRISBURG, PA 17121-0601 COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF REVENUE NOTICE OF INHERITANCE TAX APPRAISEMENT, ALLOWANCE DR DISALLOWANCE OF OEIlUCTIDHS AND ASS~~,.OF. TAX "..:;" .. DUKE SCHNEIDER MACElREE HARVEY PO BOX 660 WEST CHESTER DAT.!:'" ESTATE OF DAT"'<OF<:ll8Al~ FIL~"'NUIiiER COUNTY Alf.1t . 09~01-2003 KISTER ~'It72001 2'11 02'=0848 CUMBERLAND 101 MountR..l tt.cl ',-:\ ' *' 1EY-1M11l11FP en-I.n PAUL o PA 19381 MAKE CHECK PAYABLE AND REMIT PAYMENT TO: REGISTER OF WILLS CUMBERLAND CO COURT HOUSE CARLISLE, PA 17013 CUT ALONG THIS LINE ~ RETAIN LOWER PORTION FOR YOUR RECORDS .... REV:i54j-EX-A~:P-(o'Fii3T-iicjficniF-iiiiiEiiii'iNci-TAirAPiiiAisiii"iiil:;--ALUiiiiNCi-iii----------------- DISALLOWANCE OF DEDUCTIONS AND ASSESSMENT OF TAX ESTATE OF KISTER PAUL D FILE NO. 21 02-0848 ACN 101 DATE 09-01-2003 TAX RETURH liAS: I X) ACCEPTED AS FILED I ) CIWlllED I~ an ........nt was i.su.d pr.viou.ly. line. 14. 15 and/or 16. 17. 18 .nd r~l.ct ~igur.. that include the tot.l ~ ~ return. .......d to date. ASSESSMENT OF TAX: 15. Mount of U_ 1'1 .t _..1 ..t. 115) 16. "-ount of Ll_ 1'1 t....l. .t L~l/Cl... A ..t. (16) 17. Mount of U_ 1'1 .t Sibling ..t. 117> 18. "-ount of Ll_ 1'1 toxobl. .t COllot...l/Clo.. B ..t. (18) 19. P.lncl~l Tox Duo RESERVATION CONCERNING FUTURE INTEREST - SEE REVERSE APPRAISED VALUE OF RETURN BASED ON: ORIGINAL RETURN 1. R..1 E.t.t. ISchodu1. A) 2. stoek. _ Bond. I_I. B) 3. C10..1y Hold StoeklP..t_.ohlp Int....t I_I. Cl 'I. HortgegoolNot.s R...lvab1. I_I. D) 5. ce_ DeposltslNisc. P.rsona1 Pr_rty I_I. E) 6. .JoIntly Domed P~rty I_I. Fl 7. Trw1Sf..... (Sclwdul. GJ 8. Tot.1 A...ts (1) (2) (3) 1'1) IS) (6) 17> .00 5.066.95 .00 .00 .00 .00 1.320,175.30 (8) APPROVED DEDUCTIONS AND EXEMPTIONS: 9. Fun....al ExPen"./~. Costs/Misc. Expenses (Schedul. H) 10. DobtolHortgsge Llobl11tl.slLlens I_I. I) 11. Total Deductions 12. Net V.I.... of Tax Return 13. ~rlt~laI80ve~t.l Bequ.sts; Non-elected 9113 Trusts 1'1. Hat V.1.. of E.t.t. Subject to Tox 62.573.00 (9) lID) 142.17 Ill> 112) 113) 11'1) 1_1.J) NOTE: 681,317 .12 X .00 X .00 X 514,982.19 X AIIIlUNT PAID 75,000.00 2,247.33 DATE 09-19-2002 04-14-2003 IMIBER CD001637 CD002451 INTEREST IPEN PAID 1-) .00 .00 BALANCE OF UNPAID INTEREST/PENALTY AS OF 04-15-2003 TOTAL TAX CREDIT BALANCE OF TAX DUE INTEREST AND PEN. TDTAL DUE . IF PAID AFTER DATE INDICATED, SEE REVERSE FOR CALCULATION OF ADDITIONAL INTEREST. NOTE: To insure proper credll t to your -=count, _it tho _r po.tion of thi. for. with your tox p_t. 1.325,242.25 It".7111 17 1,262,527.08 66,227.77 1,196.299.31 19 will 00 = 045 = 12 = 15 = .00 .00 .00 77,247.33 77,247.33 119)= 77.247.33 .00 69.61 69.61 I IF TOTAL DUE IS LESS THAN fl, NO PAYIIENT IS RElIUIRED. IF TOTAL DUE IS REFLECTED AS A nCREOIT"' ICR), YDU HAY BE DUE A REFUND. SEE REVERSE SIDE OF THIS FDRH FOR INSTRUCTIONS.) /?- P7'- <7 BUREAU OF INDIVIDUAL TAXES ENHERITANtE TAX DIVISION ' IEPT. zaa6Dl HARRIS__, PA 17128-06Gl COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF REVENUE NOTICE OF DETERMINATION AND ASSESSMENT OF PENNSYLVANIA ESTATE TAX BASED ON FEDERAL ESTATE TAX RETURN *' IEV-4ISDAFPCIl-ln '" ~ DATE 09-01-2003 1'- -- ; ESTATE OF KISTER PAUL D DATE OF DEATH 12-20-2001 '\7 :52 FILE NUMBER 21 02-0848 "03 ;i~P -9 COUNTY CUMBERLAND DUKE SCHNEIDER ACN 201 MACELREE HARVEY Mount R_ittsd PO BOX 660 , .. WEST CHESTER PA'19381 MAKE CHECK PAYABLE AND REMIT PAYMENT TO: REGISTER OF WILLS CUMBERLAND CD COURT HOUSE CARLISLE, PA 17013 NOTE: To Insure proper credit to your Kicount.. subIIlt tM upper portion of thi. fo,.. with your tax pa;pent. CUT ALONG THIS LINE ~ RETAIN LOWER PORTION FOR YOUR FILES .... REY=4iriic--AFP-Tiii:.-liir----iiii-iiiiTicE-iij:--liiTERiiiiiAi'iiiN-iNii-issisSiiENT"---------------------------- OF PENNSYLVANIA ESTATE TAX BASED ON FEDERAL ESTATE TAX RETURN .. ESTATE OF KISTER PAUL D FILE MO.21 02-0848 ESTATE TAX DETERMINATION ACN 201 DATE 09-01-2003 1. Credit For Stete Deeth Texes es Verified 19.304.35 2. Pennsylvanie Inheritance Tax Assessed (Excluding Discount and/or Interest) 77.247.33 3. Inheritance Tex Assessed by Other Stetes or Territories of the United Stetes (Excluding Discount end/or Interest) .00 4. Totel Inheritence Tex Assessed 77.247.33 5. Pennsylvenia Estete Tax Due .00 TAX CREDITS: PAYMENT RECEIPT DISCOUNT (+) AMOUNT PAID DATE NUMBER INTEREST/PEN PAID (-) TOTAL TAX CREDIT .00 BALANCE OF TAX DUE .00 INTEREST AND PEN. .00 TOTAL DUE .00 -IF PAm AFTER THIS DATE, SEE REVERSE SIDE IIF TOTAL DUE IS LESS THAN el, NO PAYIlENT IS RElIlIIRED FOR CALCULATION OF ADDITIONAL INTEREST. IF TOTAL DUE IS REFLECTED AS A "CREDI.... ICR), YDU HAY BE DUE A REFlam. SEE REVERSE SIDE OF THIS FORK FDI IIISTRUCTIDHS.) COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF REVENUE BUREAU OF INDIVIDUAL TAXES DEPT. 280601 HARRISBURG, PA 17128-0601 REV-1162 EX(11-96) RECEIVED FROM: PENNSYLVANIA INHERITANCE AND ESTATE TAX OFFICIAL RECEIPT SCHNEIDER DUKE ESQUIRE MACELREE HARVEY L TD 17 WESTMINER ST PO BOX 660 WEST CHESTER, PA 19381-0660 --------fold ESTATE INFORMATION: SSN: 716-18-1170 FILE NUMBER: 2102-0848 DECEDENT NAME: KISTER PAUL D DATE OF PAYMENT: 09/17/2003 POSTMARK DATE: 09/13/2003 COUNTY: CUMBERLAND DATE OF DEATH: 12/20/2001 NO. CD 003022 ACN ASSESSMENT CONTROL NUMBER AMOUNT 101 I $69.61 I I I I I I I I TOTAL AMOUNT PAID: $69.61 REMARKS: DUKE SCHNEIDER ESQUIRE CHECK# 45657 SEAL INITIALS: VZ RECEIVED BY: REGISTER OF WILLS DONNA M. OTTO DEPUTY REGISTER OF WILLS ,_EAU OF INDIVIDUAL TAXES ~TAIEE TAX DIVISIDN IEPT. 280601 ....ISII.IIfj;,. No 17128-0601 COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF REVENUE NDTICE OF INHERITANCE TAX APPRAISEMENT, ALLOIIANCE OR DISALLOIIANCE OF DEIlUCTIONS AND ASSESSHENT OF TAX 09-01-2003 KISTER 12-20-2001 21 02-0848 CUMBERLAND 101 r -Hied G ,re MAKE CHECK PAYABLE AND REMIT PAYMENT TO: RESISTER OF WILLS CUMBERLAND CO COURT HOUSE CARLISLE, PA 17013 CUT ALONli THIS UNE ~ RETAIN LOWER PORTION FOR YOUR RECORDS .... ii'i=ii4j-iif-iFP-foFiiiriiOi'"icEOF-YNiiiiITiiicE-l,'iirXpPRAiiiiiiiT, ii.LOii'iiea-iii---------------- DISALLOWA~ OF DEDUCTIONS AND ASSESS_NT OFTIDt-- ESTATE OF KISTER PAUL D FILE NO. 21 02-0848 ACN 101 DATE 09-01-2003 DATE ESTATE OF DATE OF DEATH FILE NUMBER COUNTY ACN DUKE SCHNEIDER MACELREE HARVEY PO BOX 660 WEST CHESTER PA 19381 *' 1D-1M1111 UP ell-gJ PAUL D APPROVED DEDUCTIONS AND EXEMPTIONS: 9. F.....-.l ~....._. Co.tsllllsc. ~. I_I. NI 191 _ 11. _t_t_ UabUltlM/U... I_I. II Ill> 142.17 11. Toul DeductlOl\ll (11) It? A 711; 17 12. Mat Value of TlIX Return 1121 1,262,527.08 IS. a...ltable/Coverna-.t.l .....ta; Non-.lscted 911S Tru.ta I_I. .11 I1S1 66,227.77 14. MatVe1_ of btet. _jeot to TlIX 1141 1,196,299.31 NOTE: Iof." .....-m: __ issued prllVi_lY,1ine. 111I, 15 ancVor 16, 17, 18 end 19 _111 reflllC1: ofigu.... 't1Nrt include 'tha 'to'tal lH' !y.. raturna __sed 'to data. ASSESSMENT OF TAX: IS. -..t of Line 14 .t Spouael ...t. 1111 16. _t of Line 14 t_l. .t UnMl/Cl_. A ...te 11il 17. _t of Une 14 .t Sibling ...t. 1171 18. _t of Une 14 tlIXabl. .t COll.t....l/Cl... B ...t. 1181 19. Pr"inolpe1 TlIX _ TAX RETURN liAS: I X I ACCEPTED AS FILED RESERVATION CONCERNING FUTURE INTEREST - SEE REVERSE APPRAISED VALUE OF RETURN BASED ON: ORISINAL RETURN 1. Reel btete 1_18 Al 2. Stock. _ _. 1_18 BI S. Clo_b MaId StDCkIr..._.....ip Int.....t I_I. CI 4. 1IDr~./NDt.. hc81Vllb18 lSch8wl."DJ I. c._ Jlapo.ltsllllsc. r..._l P.........t" I_I. El i. .lDintb _ p.........tJt 1_. Fl 7. T,.....f..... (Soh.du1e I) B. Tot.l b_ta ....ER CD001637 CD002451 INTEIEST IPEM PAID 1- I .00 .00 DATE 09-19- 002 011I-14-2003 I I C_D III 121 ISI 141 IS) IiI 171 .00 5.066.95 ..:00 .00 .00 .00 1.320.175.30 IB) 62,573.00 681,317.12 x .00 x .00 x 514.982.19 x AIIOUIIT PAID 5,0 0.00 2,247.33 BALANCE OF UNPAID INTEREST/PENALTY AS OF 04-15-2003 TOTAL TAX CREDIT BALANCE OF TAX DUE INTEREST AND PEN. TOTAL DUE NOTE = To In.... P....... credl t to _ IIC:CDUI'It, _it the _.. ......Uon of thl. fOrll ,,1 th your __to 1,325,242.25 00 = 045 = 12 = 15 = .00 .00 .00 77,247.33 77,247.33 1191= 77,247.33 .00 69.61 69.61 . IF PAID AFTER DATE INDICATED, SEE REVERSE FOIl CALCULATION OF ADDITIONAL INTEIEST. I IF TOTAL _ IS LESS THAN .~, NO PAY"ENT IS REIlUIRED. IF TOTAL IlUE IS REFLECTED AS A "CREDIT" ICRI, YOU IIAY BE IlUE A REFUND. SEE IEVERSE SIDE OF THIS FORM FOR INSTRUCTIONS. I '03 SF? 17 \"",;, " -, n' 'i '\;.J ,"I '.--' $ ::J o :I: "t:: ::J o o ~<"l c,... (/)50 -"I- ==,-",~ ~-o<( -Co.. o \II . ..... "C (1) Q)~- ..... (/) <I> ._ .- E-c: Ol::J\II ~oo ~ -:: - -:: -:: - - - - -:: - - -:: - -:: === - - - - - - '" el (> (> ~ r' .. o r- .. - _"'M_'_r-- 12-R9- ? BUREAU OF INDIVIDUAL TAXES INHERITANCE TAX DIVISION DEPT. 2111601 HARRISBURG.. PA 17128-D601 COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF REVENUE J:NHERJ:TANCE TAX STATEMENT OF ACCOUNT *' v In-bill EX "" (I1~U) DUKE SCHNEIDER MACELREE HARVEY PD BDX 660 WEST CHESTER .0:; [U 14 DATE ESTATE OF DATE OF DEATH FILE NUMBER :JgDUNTV ACN 09-29-2003 KISTER 12-20-2001 21 02-0848 CUMBERLAND 101 _t R_ltted PAUL D t. PA 1938"-:\ MAKE CHECK PAYABLE AND REMIT PAYMENT TO: REGISTER DF WILLS CUMBERLAND CD CDURT HDUSE CARLISLE. PA 17013 NOTE: To insure pr~r crMIlt to your -=oount.. ....It the upper portion of this fo... with your to: P81:pent. CUT ALONG THIS LINE ~ RETAIN LOWER PORTION FOR YOUR RECORDS ~ iiEY=i60Yiif-AFiQiiFiiiy------JiiE.--iiliiiiiTANCrfilinii'A"fiiiiiif-o..-ilccDuiif--ii..--------------------- ESTATE OF KISTER PAUL D FILE NO.21 02-0848 ACN 101 DATE 09-29-2003 THIS STATEMENT IS PROVmED TO ADVISE OF THE CURREHT STA1IIS OF THE STATED ACH IH THE NAMED ESTATE. SIIOIIIl BELOII IS A ~RY OF THE PIlIIICIPAl TAX IIlIE. APPlICATIOII OF ALL PAYMEHTS. THE CURRENT BAlAIICE, AND. IF APPlICABLE. A PROUECTED INTEREST FIGURE. DATE DF LAST ASSESSMENT DR RECDRD ADJUSTMENT: 09-01-2003 PRINCIPAL TAX DUE:._________ 77.247.33 PAYMENTS (TAX CREDITS): PAYMENT RECEIPT DISCDUNT (+) AMDUNT PAID DATE NUMBER INTEREST/PEN PAID (-) 09-19-2002 CDoo1637 .00 75.000.00 04-14-2003 CDo02451 .00 2.247.33 09-13-2003 CDo03022 69.61- 69.61 TOTAL TAX CREDIT 77.247.33 BALANCE OF TAX DUE .00 INTEREST AND PEN. .00 . IF PAm AFTER THIS DATE, SEE REVERSE TOTAL DUE .00 smE FOR CAlCUlATIlIII OF AllDITIlIIIAl INTEREST. I IF TOTAL DUE IS LESS THAN $1, HO PAYMENT IS REQUIRED. IF TOTAL IIlIE IS REFLECTED AS A ncREDIr" ICRI. YIIlI MAY BE DUE A REFUND. SEE REVERSE SIDE OF THIS FDRH FOR INSTRUCTIONS. I DUKE SCHNEIDER MACELREE HARVEY PO BOX 660 WEST CHESTER PA 19381 COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF REVENUE NOTICE OF DETERMINATION AND ASSESSMENT OF PENNSYLVANIA ESTATE TAX BASED ON FEDERAL CLOSING LETTER Recorded OffioaTef Register MbTE OF DATE OF DEATH FILE NUMBER "04 I1IlR -S dbihUC ACN *' BUREAU OF INDIVIDUAL TAXES INHERITANCE TAX DIVISION DEPT. 280'01 HARRIS."G, PA 11128-0'01 1lEV-71ll1EXMP UI-ell) 03-08-2004 KISTER 12-20-2001 21 02-0848 CUMBERLAND 202 PAUL D Clerk-C ' Cumbenand Go., PA MAKE CHECK PAYABLE AND REMIT PAYMENT TO: A.ount Re.itted REGISTER OF WILLS CUMBERLAND CO COURT HOUSE CARLISLE. PA 17013 NOTE: To Insu~. P~op.~ c~.dlt to YOu~ account, sub.it the UPp.~ po~tlon of this fo~m with you~ tax pay.ent. CUT ALONG THIS LINE ~ RETAIN LOWER PORTION FOR YOUR FILES ~ iEi1=73ji-Ei-"FP--(Oi~-025-----.-i-ilo-ficE--OF-iiETE-RMiN"fio-N-ilN-o-is-sEsllMENir---------------------------- OF PENNSYLVANIA ESTATE TAX BASED ON FEDERAL CLOSING LETTER _. ESTATE OF KISTER PAUL D FILE NO.21 02-0848 ACN 202 DATE 03-08-2004 ESTATE TAX DETERMINATION Ie Credit For State Death Taxes as Verified 19.304.00 2e Pennsylvania Inheritance Tax Assessed (Excluding Discount and/or Interest) 77.247.33 3e Inheritance Tax Assessed by Other States or Territories of the United States (Excluding Discount and/or Interest) .00 4e Total Inheritance Tax Assessed 77.247.33 5. Pennsylvania Estate Tax Due .00 6. Amount of Pennsylvania Estate Tax Previously Assessed Based on Federal Estate Tax Return .00 7. Additional PennsYlvania Estate Tax Due .00 TAX CREDITS: PAYMENT RECEIPT DISCOUNT (+) AMOUNT PAID DATE NUHBER INTEREST/PEN PAID (-) TOTAL TAX CREDIT .00 BALANCE OF TAX DUE .00 INTEREST AND PEN. .00 TOTAL DUE .00 .IF PAID AFTER THIS DATE, SEE REVERSE SIDE (IF TOTAL DUE IS LESS THAN $1, NO PAYMENT IS REQUIRED FOR CALCULATION OF ADDITIONAL INTEREST. IF TOTAL DUE IS REFLECTED AS A "CREDIT" (CR), YOU MAY BE DUE A REFUND. SEE REVERSE SIDE OF THIS FORM FOR rN~TRIIf",Trnlol~ "I