HomeMy WebLinkAbout01-21-15 1505610140
REV-1500 EX t01-10,
OFFICIAL USE ONLY
PA Department of Revenue County Bureau of Individual Taxes Code Year File Number
PO Box 280601 INHERITANCE TAX RETURN ' ���
Harrisburg,PA 17128-0601 RESIDENT DECEDENT
ENTER DECEDENT INFORMATION BELOW
Social Security Number Date of Death MMDDYYYY Date of Birth MMDDYYYY
0 3 0 7 2 0 1 4 0 9 2 4 1 9 2 2
Decedent's Last Name Suffix Decedent's First Name MI
C A R L H E L E N A
(If Applicable)Enter Surviving Spouse's Information Below
Spouse's Last Name Suffix Spouse's First Name MI
Spouse's Social Security Number
THIS RETURN MUST BE FILED IN DUPLICATE WITH THE
REGISTER OF WILLS
FILL IN APPROPRIATE OVALS BELOW
0 1.Original Return 2.Supplemental Return 3.Remainder Return(date of death
prior to 12-13-82)
4. Limited Estate 4a.Future Interest Compromise(date of 5.Federal Estate Tax Return Required
death after 12-12-82)
6.Decedent Died Testate ❑X 7.Decedent Maintained a Living Trust 8.Total Number of Safe Deposit Boxes
(Attach Copy of Will) (Attach Copy of Trust)
F] 9.Litigation Proceeds Received 10.Spousal Poverty Credit(date of death ❑ 11. Election to tax under Sec.9113(A)
between 12-31-91 and 1-1-95) (Attach Sch.0)
CORRESPONDENT-THIS SECTION MUST BE COMPLETED.ALL CORRESPONDENCE AND CONFIDENTIAL TAX INFORMATION SHOULD BE DIRECTED TO:
Name Daytime Telephone Number
C H R I S T A M A P L I N 7 1 7 5 4 1 5 5 5 0
r�,)
REGIS,WR OF WILLS 0§t ONLY
t: C> ;Tt
First line of address G
J A N L B R 0 W N & A S S 0 C M
Second line of address C_
8 4 5 S I R T H 0 M A S C T S T E 1 2 'S:'
City or Post Office State ZIP Code DINE FILER
H A R R I S B U R G P A 1 7 1 0 9
Correspondent's e-mail address: CHRISTA@JANBROWNLAW.COM
Under penalties of perjury,I declare that I have examined this return,including accompanying schedules and statements,and to the best of my knowledge and belief,
it is true,correct and complete.Declaration of preparer other than the personal representative is based on all information of which preparer has any knowledge.
SIGN URE OFRERSON RESP SIB E OR FILING RE URN DATE
zifgE t/- 5-
ADDRESS
1001 WARTHMORE ROAD NEW CUMBERLAND PA 17070
SI OF PREPARE OTHE TH N EP$ESENTATIVE DATE
AA
aS 1
ADDRESS
845 SIR THOMAS COURT, SUITE 12 HARRISBURG PA 17109
PLEASE USE ORIGINAL FORM ONLY
Side 1
1505610140 1505610140
1
J 1505610240
REV-1500 EX
Decedent's Social Security Number
Decedent's Name: H E L E N A - C A R L
RECAPITULATION
1. Real Estate(Schedule A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1.
2. Stocks and Bonds(Schedule B) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2. 1 9 4 , 9 0
3. Closely Held Corporation,Partnership or Sole-Proprietorship(Schedule C) . . . . . 3.
4. Mortgages and Notes Receivable(Schedule D) . . . . . . . . . . . . .. . . . . . . . . . . . . 4.
5. Cash,Bank Deposits and Miscellaneous Personal Property(Schedule E). . . . . . . 5. 3 3 9 0 . 9 5
6. Jointly Owned Property(Schedule F) ❑ Separate Billing Requested . . . . . . . 6.
7. Inter-Vivos Transfers&Miscellaneous Non-Probate Property
(Schedule G) ❑ Separate Billing Requested . . . . . . . 7. 9 3 7 5 3 8 , 7 2
8. Total Gross Assets(total Lines 1 through 7) . . . . . ... . . . . . . . . . . . . . . . . . . . 8. 9 4 1 1 2 4 . 5 7
9. Funeral Expenses and Administrative Costs(Schedule H) . . . . . . . . . . . . . . . . . . 9. 4 7 4 4 9 . 4 8
10. Debts of Decedent,Mortgage Liabilities,and Liens Schedule I 10. 1 2 8 3 7 . 7 3
11. Total Deductions(total Lines 9 and 10) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11. 6 0 2 8 7 . 2 1
12. Net Value of Estate(Line 8 minus Line 11) . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12. 8 8 0 8 3 7 . 3 6
13. Charitable and Governmental Bequests/Sec 9113 Trusts for which
an election to tax has not been made(Schedule J) . . . . . . . . . . . . . . . . . . . . . . 13.
14. Net Value Subject to Tax(Line 12 minus Line 13) . . . . . . . . . . . . . . . . . . . . . . 14. 8 8 0 8 3 7 . 3 6
TAX CALCULATION-SEE INSTRUCTIONS FOR APPLICABLE RATES
15. Amount of Line 14 taxable
at the spousal tax rate,or
transfers under Sec.9116
(a)(1.2)X.0 _ ❑ ❑ 0 15. ❑ , ❑ ❑
16. Amount of Line 14 taxable
at lineal rate X.045 8 8 0 8 3 7 . 3 6 16. 3 9 6 3 7 . 6 8
17. Amount of Line 14 taxable
at sibling rate X.12 0 . 0 0 17. 0 . 0 0
18. Amount of Line 14 taxable
at collateral rate X.15 0 . 0 0 18. 0 . 0 0
19. TAX DUE .. . . . . . . .. . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . 19. 3 9 6 3 7 • 6 8
20. FILL IN THE OVAL IF YOU ARE REQUESTING A REFUND OF AN OVERPAYMENT 0
Side 2
1505610240 1505610240 J
REV-1500 EX Page 3 File Number
Decedent's Complete Address: 0 0
DECEDENTS NAME
HELEN A. CARL
STREET ADDRESS
1001 SWARTHMORE ROAD
CUMBERLAND COUNTY
CITY STATE ZIP
NEW CUMBERLAND PA 17070
Tax Payments and Credits:
1• Tax Due(Page 2,Line 19) (1) 39,637.68
2. Credits/Payments
A.Prior Payments 37,849.67
B.Discount 1,981.88
3. Interest Total Credits(A+B) (2) 39,831.55
4. If Line 2 is greater than Line 1 +Line 3,enter the difference.This is the OVERPAYMENT. (3)
Fill in oval on Page 2,Line 20 to request a refund. (4) 193.87
5. If Line 1 +Line 3 is greater than Line 2,enter the difference.This is the TAX DUE. (5) 0.00
Make check payable to: REGISTER OF WILLS, AGENT
PLEASE ANSWER THE FOLLOWING QUESTIONS BY PLACING AN "X" IN THE APPROPRIATE BLOCKS
1. Did decedent make a transfer and: Yes No
a. retain the use or income of the property transferred; ...................................................................... ❑ ❑X
b. retain the right to designate who shall use the property transferred or its income; ............................... ❑ ❑X
c, retain a reversionary interest;or ................................................................................................ ❑ ❑X
d. receive the promise for life of either payments,benefits or care? ....................................................... ❑ Q
2. If death occurred after December 12,1982,did decedent transfer property within one year of death
without receiving adequate consideration? ....................................................................................... ❑ Q
3. Did decedent own an"in trust for"or payable-upon-death bank account or security at his or her death? ......... ❑ 0
4. Did decedent own an individual retirement account,annuity or other non-probate property,which
contains a beneficiary designation?.................................................................................................. 191 ❑
IF THE ANSWER TO ANY OF THE ABOVE QUESTIONS IS YES,YOU MUST COMPLETE SCHEDULE G AND FILE IT AS PART OF THE RETURN.
For dates of death on or after July 1, 1994,and before Jan. 1, 1995,the tax rate imposed on the net value of transfers to or for the use of the surviving spouse
3 percent[72 P.S.§9116(a)(1.1)(i)].
For dates of death on or after Jan. 1, 1995,the tax rate imposed on the net value of transfers to or for the use of the surviving spouse is 0 percent
[72 P.S.§9116(a)(1.1)(ii)].The statute does not exempt a transfer to a surviving spouse from tax,and the statutory requirements for disclosure of assets and
filing a tax return are still applicable even if the surviving spouse is the only beneficiary.
For dates of death on or after July 1,2000:
• The tax rate imposed on the net value of transfers from a deceased child 21 years of age or younger at death to or for the use of a natural parent,an
adoptive parent or a stepparent of the child is 0 percent[72 P.S.§9116(a)(1.2)].
• The tax rate imposed on the net value of transfers to or for the use of the decedent's lineal beneficiaries is 4.5 percent,except as noted in
72 P.S.§9116(1.2)[72 P.S.§9116(a)(1)].
• The tax rate imposed on the net value of transfers to or for the use of the decedent's siblings is 12 percent[72 P.S.§9116(a)(1.3)].A sibling is defined,unde
Section 9102,as an individual who has at least one parent in common with the decedent,whether by blood or adoption.
REV-1503 EX+(6-98)
SCHEDULE 8
COMMONWEALTH OF PENNSYLVANIA STOCKS & BONDS
INHERITANCE TAX RETURN
RESIDENT DECEDENT I I
ESTATE OF FILE NUMBER
HELEN A. CARL 0 0
All property jointly-owned with right of survivorship must be disclosed on Schedule F.
ITEM VALUE AT DATE
NUMBER DESCRIPTION OF DEATH
United States Defense Savings Bond Series E $25 face value 97.45
Serial No. Q34671135E
6/1942
2. United States War Savings Bond Series E$25 face value 97.46
Serial No. Q66078078E
9/1942
TOTAL(Also enter on line 2,Recapitulation) $ 194.90
(If more space is needed,insert additional sheets of the same size)
REV-1508 EX+(11-10)
pennsylvania SCHEDULE E
DEPARTMENT OF REVENUE
CASH, BANK DEPOSITS, & MISC.
INHERITANCE TAX RETURN
RESIDENT DECEDENT PERSONAL PROPERTY
ESTATE OF: FILE NUMBER:
HELEN A. CARL 0 0
Include the proceeds of litigation and the date the proceeds were received by the estate.
All property jointly owned with eight of survivorship must be disclosed on Schedule F.
ITEM VALUE AT DATE
NUMBER DESCRIPTION OF DEATH
1 Banker's Fidelity; refund on Medigap health insurance premium 111.97
2. Mass Mutual; final pension payments 737.98
3. PA Department of Revenue; 2013 income tax refund 241.00
(see schedule 1, applied to 2014 estimates)
4. Proceeds from sale of chair lift 2,000.00
5. American Legion; death benefit 200.00
6. Cash on hand 100.00
TOTAL(Also enter on Line 5,Recapitulation) 3,390.95
If more space is needed,insert additional sheets of paper of the same size
REV-1510 EX+(08-09)
Pennsylvania "SCHEDULE G
DEPARTMENT OF REVENUE INTER-VIVOS TRANSFERS AND
INHERITANCE TAX RETURN MISC. NON-PROBATE PROPERTY
RESIDENT DECEDENT
ESTATE OF r FILE NUMBER
HELEN A. CARL 0 0
This schedule must be completed and filed if the answer to any of questions 1 throtigti 4 on page tutee of the REV-1500 is yes.
.DESCRIPTION OF PROPERTY
ITEM INCLUDE THE NAME OF THE TRANSFEREE,THEIR RELATIONSHIP TO DECEDENT AND - DATE OF DEATH %OFDECEYS EXCLUSION TAXABLE
NUMBER THE DATE OF TRANSFER.ATTACH A COPY OF THE DEED FOR REAL ESTATE, VALUE OF ASSET INTEREST pFAPPLICASW VALUE
1. Morgan Stanley Smith Barney IRA 79,360.70 100.00 79,360.70
Account#341-905787-550_ ;4 children benef.; Donald O. Car(,
Donnie M. Wolfe, Dianne L. Ardan, and G. Franklin Carl
J
2. Northwestern Mutual #20435311 9,401.03 100.00 9,401.03
The George E. Carl and Helen A. Carl Revocable Living
Trust is the beneficiary
3. The George E. Carl and Helen A. Carl Revocable Living 848,776.99 100.00 848,776.99
Trust Agreement dated 1/29/2000 with amendments
thereto comprised of the following assets:
PNC Checking Acct#51-4000-9499 =$9,927.74
Integrity Checking Acct#2203006571=$221,588.49
Morgan Stanley Smith Barney
Brokerage Acct#341-911604-550=$102,794.57
Morgan Stanley Smith Barney
Brokerage Acct#341-909024-550=$301,094.83
Edward Jones Brokerage Acct#896-12853= $196,003.61
Outstanding loan balance from Donald O. Carl =$185.75
Outstanding loan balance from Dawn Marie Phillips'=$300.00
Outstanding balance due on Promissory Note dtd 2/16/04
with Donald O. Carl=$16,882.00
r
t
TOTAL(Also enter on Line 7,Recapitulation) $ 937 538.72
If more space is needed,use additional sheets of paper of the same size.
Continuation of REV-1500 Inheritance Tax Return Resident Decedent
HELEN A. CARL
Decedent's Name Page I File Number
Schedule H -Funeral Expenses&Administrative Costs -B7.
ITEM
NUMBER DESCRIPTION AMOUNT
19. Jenkins DME for removal of chair lift 500.00
SUBTOTAL SCHEDULE H-137 500.00
REV-1512 EX+(12-08)
pennsylvania SCHEDULE
DEPARTMENT OF REVENUE DEBTS OF DECEDENT,
INHERITANCE TAX RETURN MORTGAGE LIABILITIES, &LIENS
RESIDENT DECEDENT
ESTATE OF FILE NUMBER
HELEN A. CARL 0 0
Report debts incurred by the decedent prior to death that remained unpaid at the date of death,including unreimbursed medical expenses.
ITEM VALUE AT DATE
NUMBER DESCRIPTION OF DEATH
1. United States Treasury; 2013 income tax liability 10,780.00
2. Bankers Fidelity; health insurance premium 142.00
Draft predeath and cleared post death
3. PA Department of Revenue; 2014 income tax due(estimate) 241.00
refund on Schedule E applied to 2014 income taxes
4. Check#1106,wrote predeath and cashed post death 336.58
5. Check#1120, wrote predeath and cashed post death 25.00
6. Check#1122, wrote predeath and cashed post death 349.65
7. Jenna Goodley, caregiver; Check#1123 cashed post death 427.50
8. Barbara Rice, caregiver; Check#1124 cashed post death 300.00
9. Griswold Home Care; Check#1125 cashed post death 236.00
TOTAL(Also enter on Line 10,Recapitulation) $ 12,837.73
If more space is needed,insert additional sheets of the same size.
REV-1513 EX+(01-10)
pennsylvania SCHEDULE
DEPARTMENT OF REVENUE BENEFICIARIES
INHERITANCE TAX RETURN
RESIDENT DECEDENT
ESTATE OF: FILE NUMBER:
HELEN A. CARL 0 0
RELATIONSHIP TO DECEDENT AMOUNT OR SHARE
NUMBER NAME AND ADDRESS OF PERSON(S)RECEIVING PROPERTY Do Not List Trustee(s) OF ESTATE
TAXABLE DISTRIBUTIONS [include outright spousal distributions and transfers under
Sec. I (a)(1.2).,
1. Dianne L.Ardan Lineal
413 Scenic Road 1/4
Harrisburg, PA 17109
2. Bonnie M.Wolfe, Trustee f/b/o Donald O. Carl Lineal
1001 Swarthmore Road 1/4
New Cumberland, PA 17070
3. George F. Carl Lineal
2040 Bridgewater Drive 1/4
Augusta, Georgia 30907
4. Bonnie M. Wolfe Lineal
1001 Swarthmore Road 1/4
New Cumberland, PA 17070
ENTER DOLLAR AMOUNTS FOR DISTRIBUTIONS SHOWN ABOVE ON LINES 15 THROUGH 18 OF REV-1500 COVER SHEET,AS APPROPRIATE.
NON-TAXABLE DISTRIBUTIONS:
A.SPOUSAL DISTRIBUTIONS UNDER SECTION 9113 FOR WHICH AN ELECTION TO TAX IS NOT TAKEN:
B.CHARITABLE AND GOVERNMENTAL DISTRIBUTIONS:
1.
TOTAL OF PART 11-ENTER TOTAL NON-TAXABLE DISTRIBUTIONS ON LINE 13 OF REV-1500 COVER SHEET. $
If more space is needed,use additional sheets of paper of the same size.
REV-1500 Discount, Interest and Penalty Worksheet
Discount Calculation
Total Amount Paid within three calendar months of the decedent's date of death: 37,849.67
Discount: 1.981.88
Interest Table
Year Days Delinquent Balance Due Interest
this time period this year this period
Before 1981
1982
1983
1984
1985
1986
1987
1988 through 1991
1992
1993 through 1994
1995 through 1998
1999
2000
2001
2002
2003
2004
2005
2006
2007
2008
2009
2010
2011 through 2012
TOTALS
Penalty Calculation
If the decedent's date of death was on or before March 31, 1993, insert the applicable amount:
Total Balance Due on January 17, 1996:
Penalty:
SUCCESSOR TRUSTEES' NOTICE
PLEASE TAKE NOTICE that 1,the undersigned, BONNIE M. WOLFE, named as
Successor Trustee under that certain Revocable Living Trust referred to as The George E. Carl
and Helen A. Carl Revocable Living Trust dated January 29, 2000, hereby give notice that I had
assumed the duties of Successor Trustee as stated therewith in said Trust agreement as of
October 22, 2010.
WHEREAS, GEORGE E. CARL, was Settlor and Trustee of The George E. Carl and
Helen A. Carl Revocable Living Trust dated January 29, 2000, and he died on April 26, 2008.
WHEREAS, HELEN A. CARL, was Settlor and Trustee of The George E. Carl and
Helen A. Carl Revocable Living Trust dated January 29, 2000, and she died on March 7, 2014
and had resigned as Trustee on October 22, 2010.
THEREFORE 1, BONNIE M. WOLFE, as Successor Trustee, shall assume full rights,
title and interest in and to all real and personal property comprising The George E. Carl and
Helen A. Carl Revocable Living Trust dated January 29, 2000, and declare that such conveyance
of property has been accepted by me this date and shall therefore be administrated according to
provisions and decrees set forth in said Trust agreement.
Page I of 2
Executed this 24`h day of March, 2014.
BONNIE M. WOLFE
COMMONWEALTH OF PENNSYLVANIA
SS:
COUNTY OF DAUPHIN
On this the 24`h day of March, 2014 before me, a Notary Public, the undersigned officer,
personally appeared BONNIE M. WOLFE, known to me or satisfactorily proven to be the
person whose name is subscribed to the within instrument, and acknowledged that she executed
the same for the purposes therein contained.
IN WITNESS WHEREOF, I hereunto set my hand and official seal.
r
No ary Public
COMMONWEALTH OF PENNSYLVANIA
NOTARIAL SEAL
CHRISTA M APLIN
Notary Public
LOWER PAXTON TWP.,DAUPHIN CNTY
My Commission Expires Nov 16.2017
Page 2 of 2
THIRD AMENDMENT TO THE GEORGE E. CARL AND HELEN A. CARL
REVOCABLE LIVING TRUST
DATED JANUARY 29, 2000
HELEN A. CARL,TRUSTOR
THIS THIRD AMENDMENT TO THE GEORGE E. CARL AND HELEN A.
CARL REVOCABLE LIVING TRUST AGREEMENT DATED JANUARY 29,2000 by
George E. Carl and Helen A. Carl, Co-Trustors and Co-Trustees (George E. Carl, Co-
Trustor and Co-Trustee, passed away April 26,2008; therefore, Helen A. Carl was the sole
Trustee and is the surviving Co-Trustor and sole Trustor; whereas,on October 22,2010,
Helen A. Carl resigned as Trustee and Bonnie M. Wolfe accepted appointment as First
Successor Trustee), is made this�X74 day of C�_toie*- ,2012, pursuant to the
right reserved to the surviving Co-Trustor("Surviving Spouse"), hereinafter called
"Trustor", under Article III and Article V of the Trust Agreement as follows:
1. FIRST: Trustor revokes in its entirety the SECOND AMENDMENT TO
THE GEORGE E. CARL AND HELEN A. CARL REVOCABLE LIVING TRUST
DATED JANUARY 29, 2000, dated and made October 6,2009.
2. SECOND: Trustor deletes Article V (13)(4) of the George E. Carl and Helen
A. Carl Revocable Living Trust Agreement, dated January 29,2000,in its entirety,and in
its place inserts the following:
4. Distribution of TRUST A at the death of the Surviving Spouse. Upon the Surviving
Spouse's death, after payment of any estate or inheritance taxes, debts and expenses, all of the
rest, residue and remainder of my estate, and principal and accrued or undistributed income
remaining in TRUST A, shall be distributed according to the following:
A. I specifically do not forgive any loans that I made to my son, DONALD O.
CARL, of Cumberland County, Pennsylvania, and request such loans be included in TRUST A
for distribution purposes. I direct my Trustee to allow any outstanding balances on any
outstanding loans I have made to DONALD O. CARL, to be treated as a reduction to his share
accordingly, rather than requiring him to reimburse TRUST A in full for the outstanding balance
of the loan(s) due.
B. All of the rest, residue, and remainder of my estate, and principal and accrued or
undistributed income remaining in TRUST A, shall be distributed according to the following:
(1) TWENTY-FIVE PERCENT (25%) to my son, GEORGE F. CARL, of
Augusta, Georgia. If GEORGE F. CARL predeceases me or fails to survive me by thirty (30)
days, I give, devise and bequeath his share to his issue who survive me, per stirpes.;
(2) TWENTY-FIVE PERCENT (25%) to my daughter, BONNIE M.
WOLFE, of Cumberland County, Pennsylvania. If BONNIE M. WOLFE predeceases me or
fails to survive me by thirty(30) days, I give, devise and bequeath her share to her issue who
survive me, per stirpes.;
(3) TWENTY-FIVE PERCENT (25%) to my daughter, DIANNE L.
ARDAN,of Dauphin County, Pennsylvania. If DIANNE L. ARDAN predeceases me or fails to
survive me by thirty (30) days, I give, devise and bequeath her share to her issue who survive
me, per stirpes.; and
(4) TWENTY-FIVE PERCENT(25%) to be held in trust for my son,
DONALD O. CARL, of Cumberland County, Pennsylvania,to be held,managed, and
administered according to the following:
(a) To expend and apply so much of the net income and so much of the principal of
the Trust as the Trustee,in the Trustee's sole and absolute discretion shall consider advisable for the
support, maintenance, health, care and education (including college, trade school, or other similar
training or education)of DONALD O. CARL for his lifetime.
(b) No beneficiary or remainderman of this Trust shall have any right to alienate,
encumber, or hypothecate his or her interest in the principal or income of the Trust in any manner,
nor shall any interest be subject to claims of his or her creditors or liable to attachment,execution,or
other processes of law.
(c) Upon the death of DONALD O. CARL, the Trustee shall divide any
remaining trust property according to the following:
(i.) TWENTY PERCENT(20%)to each of DONALD O. CARL's children,
DAWN MARIE PHILLIPS, of Berks County, Pennsylvania, and BRIAN CARL, of Berks
County, Pennsylvania, outright and free of trust;
(ii.) FIVE PERCENT (5%)to each of DONALD O. CARL's grandchildren,
DONALD BENEDICT,of Berks County,Pennsylvania,CASEY BENEDICT,of Berks County,
Pennsylvania,and HUNTER PHILLIPS,of Berks County,Pennsylvania,outright and free of trust;
(iii.) FIVE PERCENT (5%) to each of DONALD O. CARL's nieces and
nephews,TRICA WOLFE,of Cumberland County,Pennsylvania,SONJA SLEISTER,of North
Augusta, South Carolina, CHRISTINE WOLFE, of Dauphin County, Pennsylvania, A. TYLER
CARL, of Augusta, Georgia, KATHERINE KOZLOFF, of Bucks County, Pennsylvania, and
D. JEFFREY ARDAN, of Dauphin County, Pennsylvania, outright and free of trust; and
(iv.) FIFTEEN PERCENT (15%) to STONE VALLEY CHURCH, or its
successor(s), currently located at 1899 Mountain Road, Dalmatia, Pennsylvania 17017, to be used
for the maintenance and upkeep of the cemetery and church.
(d) I hereby appoint my daughter,BONNIE M.WOLFE,as Trustee of this Trust
for my son, DONALD O.CARL. In the event of the renunciation, death,resignation,or inability
to act, for any reason whatsoever of BONNIE M. WOLFE, I nominate and appoint my daughter,
DIANNE L.ARDAN,as Successor Trustee. In the event of the renunciation,death,resignation,or
2
inability to act,for any reason whatsoever of DIANNE L.ARDAN, I nominate and appoint my son,
GEORGE F. CARL, as Successor Trustee.
(e) In order to carry out the purposes of the Trust for DONALD O. CARL,the
Trustee,in addition to all other powers granted by the George E. Carl and Helen A.Carl Revocable
Living Trust Agreement,dated January 29,2000 or by law,shall have the following powers over the
Trust estate,subject to any limitations specified elsewhere in the George E. Carl and Helen A. Carl
Revocable Living Trust Agreement:
(i.) to retain in the form received and/or to sell either at public or private sale,any
real estate or personal property except that which I specifically bequeath herein,
(ii.) to manage real estate,
(iii.) to invest and reinvest in all forms of property without being confined to legal
investments, and without regard to the principal of diversification,
(iv.) to exercise any option or right arising from the ownership of investments,
(v.) to compromise claims without court approval and without consent of any
beneficiary,
(vi.) to file fiduciary/income tax returns and pay the tax due for any year for which
such a return is required,
(vii.) to make distributions in cash or in kind,or in both,and to determine the value
of any such property,
(viii.) to employ any attorney,investment advisor,or other agent deemed necessary
by my Executor; and to pay from my estate reasonable compensation for all their services,
(ix.) to conduct along with or with others,any business in which I am engaged in
or have an interest in at the time of my death,and
(x.) to receive reasonable compensation in accordance with their standard schedule
of fees in effect while their services are performed
If DONALD O. CARL predeceases me or fails to survive me by thirty (30) days, I give,
devise and bequeath his share according to the following:
(a) TWENTY PERCENT (20%)to each of DONALD O. CARL's children,
DAWN MARIE PHILLIPS, of Berks County, Pennsylvania, and BRIAN CARL, of Berks
County, Pennsylvania, outright and free of trust;
(b) FIVE PERCENT(5%)to each of DONALD O. CARL's grandchildren,
DONALD BENEDICT,of Berks County, Pennsylvania,CASEY BENEDICT,of Berks County,
Pennsylvania,and HUNTER PHILLIPS,of Berks County,Pennsylvania,outright and free of trust;
(c) FIVE PERCENT (5%) to each of DONALD O. CARL's nieces and
nephews,TRICA WOLFE,of Cumberland County,Pennsylvania,SONJA SLEISTER,of North
Augusta, South Carolina, CHRISTINE WOLFE,of Dauphin County, Pennsylvania, A. TYLER
CARL, of Augusta, Georgia, KATHERINE KOZLOFF, of Bucks County, Pennsylvania, and
D.JEFFREY ARDAN, of Dauphin County, Pennsylvania, outright and free of trust; and
(d) FIFTEEN PERCENT (15%) to STONE VALLEY CHURCH, or its
successor(s),currently located at 1899 Mountain Road, Dalmatia, Pennsylvania 17017,to be used
for the maintenance and upkeep of the cemetery and church.
3
C. If any person or entity other than me singularly or in conjunction with any other
person or entity directly or indirectly contests in any court the validity of this Trust, including any
amendments or codicils thereto, then the right of that person or entity to take any interest in my
estate shall cease, and that person or entity shall be deemed to have predeceased me.
3. THIRD: Trustor confirms and readopts the remaining provisions of the
Trust Agreement reserving herself the right to further amend TRUST A of the Trust
Agreement and this amendment thereto.
IN WITNESS WHEREOF, Trustor and Trustee have hereunder set their hands and seals
this day and year first written.
WITNESS:
A
HELEN A. CARL, Trustor
BONNIE M. WOLFE, §tee
COMMONWEALTH OF PENNSYLVANIA
: SS:
COUNTY OF DAUPHIN
Onthis the 4 �dayof, 2012, before me, a Notary Public, the
undersigned officer, personally appeared HELEN A. CARL, Trustor, known to me or
satisfactorily proven to be the person whose name is subscribed to the within instrument and
acknowledged that she executed the same for the purposes therein contained.
IN WITNESS WHEREOF, I hereunto set my hand and official seal.
ffD1z1V1 -k kjL
Notary Public
COMMONWEALTH OF PENNSYLVANIA
COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL
SS: Melissa L. Smith, Notary Public
Gettysburg Borough,Adams county
COUNTY OF DAUPHIN my commission Expires June 13, 2014
On this the q th day of 2012, before me, a Notary Public, the
undersigned officer, personally appeared BONNIE M. WOLFE, Trustee, known to me or
satisfactorily proven to be the person whose name is subscribed to the within instrument and
acknowledged that she executed the same for the purposes therein contained.
IN WITNESS WHEREOF, I hereunto set my hand and official seal.
Notary Public
COMMONWEALTH OF PENNSYLVANIA
NOTARIAL SEAL
4 Melissa L. Smith, Notary Public
Gettysburg Borough,Adams County
My Commission Expires June 13. 2014
TRUSTEE ACCEPTANCE
THE GEORGE E. CARL AND HELEN A. CARL
REVOCABLE LIVING TRUST AGREEMENT
DATED JANUARY 29, 2000
On January 29, 2000,GEORGE E. CARL and HELEN A. CARL entered into a
Revocable Trust Agreement, wherein GEORGE E. CARL and HELEN A. CARL were named
as Co-Trustors and Co-Trustees and which provided that BONNIE M. WOLFE was designated
as the First Successor Trustee.
WHEREAS, GEORGE E. CARL,died on April 26, 2008.
WHEREAS,on October 22, 2010, HELEN A. CARL, resigned as Trustee of The
George E. Carl and Helen A. Carl Revocable Living Trust Agreement Dated January 29, 2000.
NOW, THEREFORE, the undersigned, BONNIE M. WOLFE accepts appointment as
the First Successor Trustees and agrees to serve as such in accordance with the terms and
provisions of said Trust Agreement.
Executed this < <'— day of October, 2010.
��'") — -)` � L'"i?k
BONNIE M. WOLF ' Successor Trustee
COMMONWEALTH OF PENNSYLVANIA
SS:
COUNTY OF DAUPHIN
On this the A4 day of October, 2010 before me, a Notary Public, the undersigned
officer, personally appeared BONNIE M. WOLFE, known to me or satisfactorily proven to be
the person whose name is subscribed to the within instrument,and acknowledged that she
executed the same for the purposes therein contained.
IN WITNESS WHEREOF, I hereunto set my hand and o ial seal.
Notary Public
NOTARIAL SEAL
CHRISTA M APLIN
Notary Public
LOWER PAXTON TWP.,DAUPHIN COUNTY
My Commission Expires Nov 16.2013
TRUSTEE RESIGNATION
THE GEORGE E. CARL AND HELEN A. CARL
REVOCABLE LIVING TRUST AGREEMENT
DATED JANUARY 29, 2000
On January 29,2000,GEORGE E. CARL and HELEN A. CARL entered into a
Revocable Trust Agreement, wherein GEORGE E. CARL and HELEN A. CARL were named
as Co-Trustors and Co-Trustees.
Pursuant to Article XII, a Trustee or Co-Trustee or surviving Trustee can resign as
Trustee if done so in writing.
WHEREAS, GEORGE E. CARL,died on April 26, 2008.
WHEREAS, the undersigned, HELEN A. CARL, surviving Trustee and sole Trustee,
hereby desires to resign as Trustee of The George E. Carl and Helen A. Carl Revocable Living
Trust Agreement Dated January 29, 2000.
Executed this day of October, 2010.
-19L4n, A I
HELEN A. CARL, Trustee
COMMONWEALTH OF PENNSYLVANIA
SS:
COUNTY OF DAUPHIN
On this the. � day of October, 2010 before me, a Notary Public, the undersigned
officer, personally appeared HELEN A. CARL known to me or satisfactorily proven to be the
person whose name is subscribed to the within instrument, and acknowledged that she executed
the same for the purposes therein contained.
IN WITNESS WHEREOF, I hereunto set my hand and official seal.
NZAary Public
NOTARIAL SEAL
CHRISTA M APLIN
Notary Public
LOWER PAXTON TWP-DAUPHIN COUNTY
My Coln"ossion EXOMS Nov 16.2013
The George E. Carl and Helen A. Carl Living Trust
TABLE OF CONTENTS
ARTICLE I
TRUST PROPERTY
Section A. Original Trust Estate
Section B. Name of Trust
Section C. Nature of Property
Section D. Additions to Trust
ARTICLE 11
CO-TRUSTORS' RIGHTS DURING JOINT LIFETIMES
Section A. Amendment
Section B. Revocation
Section C. Conservatorship or Guardianship
Section D. Investment of Trust Estate
Section E. Character of Property
ARTICLE HI
IRREVOCABLE PROVISIONS
ARTICLE IV
DISPOSITIVE PROVISIONS DURING JOINT LIFETIMES
Section A. Payment of Expenses
Section B. Distribution of Income and Principal of Jointly Held Property
Section C. Distribution of Income and Principal of Separate Estate
Section D. Liberal Exercise of Power of Invasion
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The George E. Carl and Helen A. Carl Living Trust
ARTICLE V
DISPOSITIVE PROVISIONS AFTER DEATH OF DECEASED SPOUSE
Section A. Division at Death of Deceased Spouse
Section Al. Trust B Assets
Section A2. Trust A Assets
Section A3. Distribution of Assets into Trusts
Section A4. Vested Interest
Section A5. Payment of Debts of Deceased Spouse
Section B. Trust A
Section B1. Distribution of Income and Principal
Section B2. Appointment Exercisable During Life
Section B3. Appointment Exercisable at Death
Section B4. Distribution of Trust A in Lieu of Appointment
Section B5. Payment of Expenses of Surviving Spouse's Estate
Section C. Trust B
Section Cl. Distribution of Income
Section C2. Invasion of Principal
ARTICLE VI
DISPOSITIVE PROVISIONS AFTER DEATH OF SURVIVING SPOUSE
Section A. Payment of Expenses
Section B. Distribution of Gifts
Section C. Distribution of Remainder of Trust Estate
Section D. Distribution of Deceased Beneficiary's Share
Section E. Distribution of Income and Principal
ARTICLE VII
ADDITIONAL DISPOSITIVE PROVISIONS
Section A. Discretionary Termination
Section B. Rule Against Perpetuities
Section C. Spendthrift Provisions
Section Cl. Distribution to Beneficiary
Section C2. Disposition of Excess
Section D. Simultaneous Death
Section D1. Co-Trustors
Section D2. Surviving Spouse and Beneficiaries
Section E. Support and Education
Section F. Extraordinary Distribution
Section G Handicapped Beneficiaries
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The George E. Carl and Helen A. Carl Living Trust
ARTICLE VIII
TRUSTEE'S POWERS
Section A. Power to Retain Trust Property and Comply with Existing
Agreement
Section B. Power to Manage Trust Property
Section C. Power to Invest
Section D. Power to Retain Trust Property without Diversification
Section E. Power to Retain Unproductive Property
Section F. Power to Borrow
Section G. Power to Manage Securities
Section H. Power to Partition,Allot and Distribute
Section I. Power to Determine Principal and Income
Section J. Power to Distribute Income
Section K. Power to Employ Counsel
Section L. Power to Pay Taxes and Expenses Relative to Trust property
Section M. Power to Hold Trust Property in Name of Nominee
Section N. Power to Distribute to or for the Benefit of Minor or Disabled
Beneficiary
Section O. Power to Pay Taxes
Section P. Power to Lend
Section Q. Power to Insure
Section R. Power to Commence or Defend Litigation and to Compromise
Section S. Power to Withhold Payment Pursuant to Conflicting Claims
Section T. Power to Adjust for Tax Consequences
Section U. Power to Subject Trust Property to Probate
Section V. Power to Delegate
ARTICLE IX
LIMITATION OF POWER
Section A. Management of Principal and Income
Section B. Fiduciary Capacity of Trustee
Section C. Invasion of Principal by Trustee
Section D. Trustee's Power Over Jointly Held Property
ARTICLE X
RECORD AND ACCOUNTING
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The George E. Carl and Helen A. Carl Living Trust
ARTICLE XI
COMPENSATION OF TRUSTEE
ARTICLE XII
TRUSTEES AND SUCCESSORS
Section A. Co-Trustors as Trustees and Successors
Section B. Power of Responsibility of Successor Trustee
Section C. Guardianship or Conservatorship of Trustee
Section D. Resignation of Trustee
Section E. Removal of Trustee
Section F. Delegation of Power to Co-Trustee(s) and Other Agents
Section G. Required Consent of Co-Trustee(s)
Section H. Vacancy in Trusteeship
Section 1. Foreign Assets
ARTICLE XIII
BOND
ARTICLE XIV
BANK ACCOUNTS
ARTICLE XV
GOVERNING LAW
ARTICLE XVI
MERGER
ARTICLE XVII
CATASTROPHIC ILLNESS
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The George E. earl and Helen A. Carl Living Trust
ARTICLE XVIII
PROVISIONS FOR TITLE XIX
ARTICLE XIX
VALIDITY OF TRUST AGREEMENT
Section A. Conflict with Jurisdictional Law
Section B. Distribution Required by Court
Section C. Violation of Law
Section D. Exercise of Power of Appointment in Violation of Law
Section E. Headings
A — B Revocable Living Trust Agreement
The George E. Carl and Helen A. Carl Living Trust
REVOCABLE LIVING TRUST AGREEMENT
FOR
George E. Carl and Helen A. Carl
THIS TRUST AGREEMENT signed on 1 bqbtoo -, between George E.
Carl and Helen A. Carl, Husband and Wife,] of the County of Cumberland,
Commonwealth of Pennsylvania, herein designated as Co-Trustors, and George E. Carl
and Helen A. Carl, herein designated as Co-Trustees. The term "Trustee" shall include
Co-Trustees.
IT IS AGREED BETWEEN THE PARTIES HERETO AS FOLLOWS:
ARTICLE I
TRUST PROPERTY
A. Original Trust Estate. George E. Carl and Helen A. Carl, Co-Trustors hereby transfer
to the Trustee, without consideration from the Trustee, the sum of one hundred dollars
($100.00), receipt of which is hereby acknowledged, upon the conditions herein
provided.
B. Name of Trust. The name of this trust is The George E. Carl and Helen A. Carl
Revocable Living Trust.
C. Trustee Designation. George E. Carl and Helen A. Carl are hereby designated as Co-
Trustees. The Co-Trustees shall serve jointly and severally and either shall have full
authority to act for the Trust independently. Should either George E. Carl or Helen A.
Carl become unable because of death, incapacity, or other cause, to serve as a Co-
Trustee, or should either resign as Co-Trustee before the natural termination of this Trust,
the remaining Co-Trustee, George E. Carl or Helen A. Carl shall thereafter serve as sole
Trustee. The term "Trustee" as used in this Trust Agreement shall refer collectively to
George E. Carl and Helen A. Carl so long as they serve as Co-Trustees, to George E. Carl
or Helen A. Carl who serves as the sole Trustee, and/or to any successor Trustee who
assumes the role of Trustee. These Trustees shall serve in the order as provided in
Article XII Section A of this Trust Agreement.
D. Nature of Property. On documents of title, the letters "SPH", "SPW", "JP" or "CP",
should they be present, shall connote the following: "SPH" shall connote separate
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The George E. Carl and Helen A. Carl Living Trust
shall not be exercisable in their behalf by any Conservator or Guardian or other person,
except that revocation or amendment may be authorized, after notice to the Trustee, by
the court that appointed the Conservator or Guardian.
D. Investment of Trust Estate. While both George E. Carl and Helen A. Carl, Co-
Trustors are living and competent, The Co-Trustors may, at any time or times, direct the
Trustee in writing to invest the trust estate in specific securities, properties or
investments, to retain as part of the trust estate any securities, properties or investments
for such length of time as such directions may provide, or to sell, encumber, lease,
manage, control or dispose of any property of the trust estate. The Trustee shall not be
liable for any loss sustained or incurred by reason of compliance by such Trustee with
any such written directions of the Co-Trustors.
E. Character of Property. Regardless of the location of such property, any personal
property transferred to this trust shall remain personal property, and any real property
transferred to this trust shall remain real property.
ARTICLE III
IRREVOCABLE PROVISIONS
Upon the death of either George E. Carl and Helen A. Carl, the first Co-Trustor to die,
hereinafter called "Deceased Spouse", as to the property of the Deceased Spouse, the
then surviving Co-Trustor, hereinafter called "Surviving Spouse", with respect to the
property of the Deceased Spouse, shall have the power to amend, revoke and/or terminate
TRUST A (the marital deduction Trust) only, and TRUST B (the exemption equivalent
Trust), hereinafter established, may not be altered, revoked or terminated. On a
revocation of TRUST A, all of its assets shall be delivered to the Surviving Spouse.
Revocation and amendment shall be made by written instrument filed with the Trustee.
ARTICLE IV
DISPOSITIVE PROVISIONS DURING JOINT LIFETIMES
A. Payment of Expenses. The Trustee shall pay or reserve sufficient funds to pay all
expenses incident to the establishment, management and administration of the trust
estate, including the compensation of the Trustee, all or any part of which may, in the
discretion of the Trustee, be charged either to income or principal of the trust estate. The
remaining income shall be and is hereinafter referred to as "net income".
B. Distribution of Income and Principal of Community Estate. During the joint lifetimes
of the Co-Trustors, the Trustee shall pay to the Co-Trustors, or shall apply for the Co-
Trustors benefit, the net income of the community estate in quarter-annual or more
frequent intervals. If the Trustee considers the net income insufficient, the Trustee shall
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The George E. Carl and Helen A. Carl Living Trust
pay to the Co-Trustors or apply for the benefit of the Co-Trustors as much of the
principal of the community estate as is necessary, in the Trustee's discretion, for the Co-
Trustors' proper health, education, support, maintenance, comfort and welfare, in
accordance with their accustomed manner of living at the date of this instrument. The
Co-Trustors shall have the same duty to use community income and principal received
under this instrument for the benefit of Co-Trustors as they have with respect to any other
community property.
C. Distribution of Income and Principal of Separate and Quasi-Community Estate.
During the joint lifetimes of the Co-Trustors, the Trustee shall pay to or shall apply for
the benefit of the Co-Trustor whose separate or quasi-community property was
transferred to the trust the net income of that Co-Trustor's separate or quasi-community
estate in quarter-annual or more frequent intervals. Similarly, if the Trustee considers the
net income of that Co-Trustor's separate or quasi-community property insufficient, it
shall pay to or apply for the benefit of the Co-Trustor whose separate or quasi-community
property was transferred to the trust as much of the principal income of that Co-Trustor's
separate or quasi-community estate as is necessary, in the Trustee's discretion, for the
Co-Trustors' proper health, education, support, maintenance, comfort and welfare of that
Co-Trustor in accordance with their accustomed manner of living at the date of this
instrument. Unless otherwise agree by the Co-Trustors, quasi-community property shall,
for these purposes, be treated as the separate property of whose labors gave rise to such
property.
D. Liberal Exercise of Power of Invasion. The Trustee shall exercise in a liberal manner
the power to invade principal contained in Subparagraphs B and C of this ARTICLE IV.
ARTICLE V
DISPOSITIVE PROVISIONS AFTER THE DEATH OF DECEASED SPOUSE
A. Division at Death of Deceased Spouse. Upon the death of the Deceased Spouse, the
Trustee shall divide the trust estate of the Deceased Spouse, including any additions
made to the Trust by reason of the Deceased Spouse's death, such as from the Deceased
Spouse's Will or life insurance policies on the Deceased Spouse's life, into two (2)
separate trusts, as designated TRUST A and TRUST B. The date of allocation shall be
no later than six (6) months from the date of death of the Deceased Spouse.
1. TRUST B Assets. There shall be placed in TRUST B that amount of the Deceased
Spouse's interest in the community, quasi-community and separate property included in
the trust estate which, after taking in to account all allowable deductions and all
allowable credits, other than the unified credit against federal estate tax, equals the
exemption equivalent of the unified credit against federal estate tax, as defined in Section
2010 of the Internal Revenue Code of 1986, as amended, which is in effect at the date of
the death of the Deceased Spouse. If the Deceased Spouse's said interest in the trust
estate is less than such equivalent exemption amount, the Deceased Spouse's entire said
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The George E. Carl and Helen A. Carl Living Trust
interest shall be placed in TRUST B. The assets placed in TRUST B shall not be subject
to an election to be treated as qualified terminable interest property and no person shall
have any power to make such an election.
2. Trustee Assets. There shall be placed in TRUST A the balance, if any, of the
Deceased Spouse's interest in his or her separate and joint property included in the Trust
Estate.
3. Distribution of Assets into Trusts. The Trustee shall designate, in its sole
discretion, the assets which shall constitute each trust. The Trustee shall satisfy the
amounts determined to be distributed to each trust in cash or in kind, or partly in cash and
partly in kind, and the assets allocated in kind shall be determined to satisfy the amounts
on the basis of their value at the date or dates of distribution to the respective trusts. The
power of the Trustee to make distributions in kind shall include the power to make non-
pro rata distributions in kind without regard to income tax basis of assets so distributed.
However, no allocation of assets shall be made to TRUST A which do not qualify for the
marital deduction.
4. Vested Interest. Regardless of the date of allocation of assets into TRUST A and
TRUST B by the Trustee, the interest of the Surviving Spouse in each trust shall be
vested immediately upon the death of the Deceased Spouse and the Surviving Spouse
shall be immediately entitled to such income from the trusts as is hereinafter set forth and
may appoint his or her TRUST A share as provide in ARTICLE V B.
5. Payment of Debts of Deceased Spouse. On the death of the Deceased Spouse, the
Trustee may, in the Trustee's discretion, pay, out of the trust, debts of the Deceased
Spouse; the estate and inheritance taxes, including interest and penalties, arising because
of the Deceased Spouse's death; the last illness and funeral expenses of the Deceased
Spouse; attorney's fees and other costs incurred in administering the Deceased Spouse's
estate- The Trustee may pay any such taxes directly or, alternatively, in the sole
discretion of the Trustee, distribute such sums to the Executor as shall be necessary to
pay all or any portion of such taxes. Should the Trustee elect to make any payments of
expenses or debts of the Deceased Spouse, the Trustee may not pay the separate or
community debts or expenses of the Deceased Spouse from the separate property of the
Surviving Spouse.
B. Trust A.
1. Distribution of Income and Principal. During the life of the Surviving Spouse, the
Trustee shall pay to or apply for the benefit of such Surviving Spouse the entire net
income of the trust in quarter-annual or more frequent intervals. Additionally, the
Trustee may distribute such portion of the principal of TRUST A, up to and including the
whole thereof, as the Trustee deems to be in the best interest of the Surviving Spouse.
2. Appointment Exercisable During Life. Upon the death of the Surviving Spouse,
each Surviving Spouse may, by a written instrument filed with the Trustee and signed by
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The George E. Carl and Helen A. Carl Living Trust
the Surviving Spouse, direct the Trustee to distribute any amount of income and/or
principal of TRUST A, up to and including the whole thereof, to himself or herself, or to
his or her estate, his or her creditors, or the creditors of his or her estate, or to any other
individual designated by such Surviving Spouse.
3. Appointment Exercisable at Death. Upon the death of the Surviving Spouse, the
Trustee shall distribute the principal of TRUST A and any accrued or undistributed net
income thereon to such person or persons, including the estate, the creditors, or the
creditors of the estate of the Surviving Spouse, outright or in trust, or upon such
conditions and estates, and with such powers, in such manner and at such time or times,
as appointed or directed by the last unrevoked written instrument executed by the
Surviving Spouse and on file with the Trustee at the date of death of the Surviving
Spouse or, if no such written instrument exists, as appointed or directed by such
Surviving Spouse's Last Will, with such Will specifically referring to this power of
appointment. Unless within ninety (90) days after the death of the Surviving Spouse the
Trustee has actual notice of the existence of such a written instrument or Will, it shall be
deemed for all purposes hereunder that such power of appointment was not exercised (but
the provisions of this paragraph shall not affect any right which an appointee or
beneficiary in default of appointment may have against any distributee).
4. Distribution of TRUST A in Lieu of Appointment. To the extent that the Surviving
Spouse does not exercise this power of appointment, the principal of TRUST A and any
accrued or undistributed net income thereon, after payment of any estate or inheritance
taxes, debts and expenses, shall be added to and commingled with TRUST B and shall be
held, administered and distributed, in whole or in part, as if it had been an original part of
TRUST B.
5. Payment of Expenses of Surviving Spouse's Estate. After the death of the
Surviving Spouse, the Tnistee shall pay the estate and inheritance taxes and any debts
and expenses of the Surviving Spouse from TRUST A.
C. Trust B.
1. Distribution of income. On the death of the Deceased Spouse, the Trustee shall
pay to or apply for the benefit of the Surviving Spouse the net income of TRUST B in
quarter-annual or more frequent intervals.
2. Invasion of Principal.
(a) in the event of any illness affecting the Surviving Spouse, or if such Surviving
Spouse should be in need of funds for support in the standard of living to which he or she
is accustomed at the date of the death of the Deceased Spouse, and if the income of this
trust shall be deemed insufficient by the Trustee to provide for such reasonable health,
support and maintenance as set forth herein, the Trustee may, as often as it deems
necessary, pay to or apply for the use and benefit of such Surviving Spouse such part of
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The George E. Carl and Helen A. Carl Living Trust
the principal of TRUST B, up to and including the whole thereof, as is necessary to
provide for such reasonable health, support and maintenance.
(b) Additionally, the Trustee may pay to the Surviving Spouse such part of the
principal of TRUST B as such Surviving Spouse shall request in writing from time to
time; provided, however, that the amount distributed to such Surviving Spouse during a
calendar year shall not exceed the greater of Five Thousand Dollars ($5,000.00) or Five
Percent (5%) of the value of the trust, and such right of withdrawal shall not be
cumulative, but shall lapse at the end of each calendar year not so exercised.
ARTICLE VI
DISPOSITIVE PROVISIONS AFTER DEATH OF SURVIVING SPOUSE
A. Payment of expenses. Upon the death of the Surviving Spouse, the Trustee shall pay
or reserve sufficient funds to pay all expenses of management and administration of the
trust estate, including the compensation of the Trustee and the attorney, all or any part of
which shall be charged, in the Trustee's discretion, to income and/or principal of the trust
estate. The remaining income shall be and is hereinafter referred to as"net income".
B. Distribution of Gifts. The Trustee shall distribute gifts of trust property, subject to the
provisions of ARTICLE VI (E) herein below, to beneficiaries named in one or more
letters of instruction, entitled "Disposition of Personal Effects"' dated and signed and
located among the important papers at the time of his or her death. In the event that there
inadvertently has been named two (2) or more persons to take a particular item, the most
recently-dated letter of instruction shall control. If any beneficiary named in this
ARTICLE VI (B) is not then living, the gift to such deceased beneficiary shall lapse and
shall become a portion of the remainder of the trust estate.
C. Distribution of Remainder of Trust Estate. Upon the death of the Surviving Spouse,
the Trustee shall after paying or reserving all amounts payable, as provided in ARTICLE
VI (A) and (B), divide the remainder of the trust estate, including the assets of TRUST B
and any and all property added to TRUST B from TRUST A pursuant to ARTICLE V
(13)(4) hereinabove, into shares set forth as follows and shall hold, administer and
distribute each share according to the provisions of ARTICLE VI (E) hereinbelow:
Bonnie M. Wolfe,Trustee, in trust for Donald O. Carl Twenty-Five Percent (25%)
George F. Carl Twenty-Five Percent (25%)
Bonnie M. Wolfe Twenty-Five Percent (25%)
Diane L. Arden 0 Twenty-Five Percent (25%)
D. Distribution of Deceased Beneficiary's Share. In the event a beneficiary named in
Paragraph C of this ARTICLE VI is not then living, the share of such deceased
beneficiary shall be distributed to his or her then living issue by fight of representation.
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E. Distributions of Income and Principal.
1. The Trustee may pay to or apply for the benefit of each beneficiary for whom a
trust is then held who has not yet attained the age of twenty-one (2 1) years as much of the
net income of said trust as the Trustee shall determine to be in the best interest of and
tending to promote the welfare of such beneficiary, after taking into consideration, to the
extent the Trustee deems advisable, any other income or resources of such beneficiary.
Any income not distributed shall be accumulated and added to and become part of the
principal of said trust. After a beneficiary for whom a trust is then held attains the age of
twenty-one (21) years, the Trustee shall pay to or apply for the benefit of such beneficiary
the net income of said trust in convenient intervals not less frequently than quarterly-
annually.
2. If the Trustee deems the net income available hereunder not sufficient to provide
for the reasonable health, support, maintenance and education of any beneficiary for
whom a trust is then held, taking into consideration any other income or resources of such
beneficiary, so far as known to the Trustee, it may, as long as the Trustee deems
necessary, pay to or apply for the use and benefit of such beneficiary such part of the
principal of the respective trust of such beneficiary, up to and including the whole
thereof, as is necessary for the reasonable health, support, maintenance and education of
such beneficiary.
3. The Trustee, in the discretion of the Trustee, may make net income or principal
payments to a minor or a beneficiary under disability by making such payments to the
guardian or conservator of his or her person, to a custodian under a Uniform Transfers to
Minors Act or similar statute applicable in the Commonwealth of Pennsylvania, or to any
suitable person with whom he or she resides, or the Trustee may apply such payments
directly for the beneficiary's benefit. The Trustee may make net income or principal
payments directly to a minor child if, in the Trustee's discretion, such child is of
sufficient maturity to manage such distribution.
4. Upon the death of a beneficiary for whom a trust is then held prior to final
distribution to such beneficiary, if said decedent is survived by issue, that portion of such
trust (including both principal and accrued or undistributed income) which is not exempt
from the generation-skipping transfer tax imposed by Chapter 13 of the Internal Revenue
Code of 1986 (or any successor provisions) shall be distributed to such one or more
persons or entities, including the decedent's estate, and on such terms and conditions,
either outright or in trust, as the decedent shall have appointed by the last dated
instrument delivered to the Trustee, including a Will (whether or not admitted to
probate), specifically referring to and exercising this power of appointment. Any such
portion of the trust as is not appointed, together with that portion of the trust that is
exempt from the generation-skipping transfer tax, shall be distributed according to the
terms of ARTICLE VI (D) hereinabove as though said beneficiary had pre-deceased the
Surviving Spouse.
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5. There need be no physical segregation or division of the various trust shares except
as segregation or division may be required by the termination of any of the trusts, but the
Trustee shall keep separate accounts for the different undivided interests.
6. Subject to possible retention of some or all of the assets of the trust estate by the
Trustee pursuant to ARTICLE VIII (S), whenever any beneficiary for whom a trust if
then held shall have attained the of twenty-one (21), the Trustee shall distribute to such
beneficiary, free of trust, the entire principal and accumulated income, if any, of his or
her separate trust.
7. In the event that there shall be no surviving named beneficiaries, including issue as
set forth herein, the trust shall terminate and the proceeds shall be distributed one-half
(1/2) to the then surviving heirs at law of each Co-Trustor, as determined by the laws of
intestate succession then existing in the Commonwealth of Pennsylvania; excluding,
however, any provision for distribution to heirs of a predeceased spouse.
8. The term "issue", unless otherwise designated herein, shall include adopted "issue"
of descendants and lineal descendants, both natural and legally adopted indefinitely.
Such term shall specifically exclude individuals adopted out of the family of Co-Trustors
or out of the family of a descendant of Co-Trustors. The word "living" shall include
unborn persons in the period of gestation.
ARTICLE VII
ADDITIONAL DISPOSITIVE PROVISIONS
A. Discretionary Termination. The Trustee may terminate any trust when, in the opinion
of the Trustee, the principal is reduced to such an extent that it is not in the best interest
of the Beneficiary or Beneficiaries to continue the trust. The judgements of the Trustee
with respect to the decision to terminate will be final and not subject to judicial review.
If the Trustee terminates a trust according to this Section, the date the trust terminates
will be deemed the date fixed for termination of the trust, and the Trustee will distribute
the assets of the terminating trust to the Beneficiary or Beneficiaries pursuant to this
Agreement.
B. Rule Against Perpetuities. Unless sooner terminated in the manner hereinbelow
provided, each trust shall cease and terminate one day prior to twenty-one (21) years
from the death of the Deceased Spouse or the death of the survivor of the named
beneficiaries who are living at the death of the Deceased Spouse, whichever death shall
last occur. Upon such termination, the entire trust estate, including principal and any
accrued or undistributed net income thereon, shall be distributed to the persons for whom
said trust estate is the held, in proportion to the trusts then held for such persons.
C. Spendthrift Provisions. No beneficiary of this trust, other than a Co-Trustor, shall
have any right to alienate, encumber or hypothecate his interest in the trust to claims of
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The George E. Carl and Helen A. Carl Living Trust
his creditors, or to render such interest liable to attachment, execution of process of law.
The income of this trust shall not be pledged, assigned, transferred, sold or accelerated,
anticipated or encumbered in any manner whatsoever by any beneficiary, nor shall any
income of the trust be in any manner subject or liable in the hands of the Trustee for the
debts, contracts or encroachments of any beneficiary or be subject to any assignments or
any other voluntary or involuntary alienation or disposition whatsoever. If the creditor of
any beneficiary, other than a Co-Trustor, who is entitled to any distributions from a trust
established under this instrument shall attempt by any means to subject to the satisfaction
of his claim such beneficiary's interest in distribution, then, notwithstanding any other
provision herein, until the release of the writ of attachment or garnishment or other
process, the distribution set aside for such beneficiary shall be disposed of as follows:
1. Distribution to Beneficiary. The Trustee shall pay to or apply for the benefit of
such beneficiary such sums as the Trustee shall determine to be necessary for the
reasonable health, education (including study at institutions of higher learning) and
support of the beneficiary according to his or her accustomed mode of life.
2. Disposition of Excess. The portion of the distribution that the Trustee shall
determine to be in excess of the amount necessary for such health, education (including
study at institutions of higher learning) and support shall, in the Trustee's discretion,
either be added to and become principal of the trust share of such beneficiary or be paid
to or applied for the benefit of the other beneficiaries then entitled to receive payments
from any trust established under this instrument, in proportion to their respective interest
in the trust estate; or, if there are no other beneficiaries, the excess income may be paid to
or applied for the benefit of the person or persons presumptively entitled to the next
eventual interest, in proportion to their respective interest.
D. Simultaneous Death.
1. Co-Trustors. In the event that George E. Carl and Helen A. Carl shall die
simultaneously, or if there is sufficient evidence to establish that George E. Carl and
Helen A. Carl died other than simultaneously, it is deemed that the spouse owning the
greater share of separate property in this trust or passing into this trust due to the death of
George E. Carl and Helen A. Carl, the Co-Trustors, as defined for federal estate tax
purposes, shall have pre-deceased the other Co-Trustor, notwithstanding any provision of
law to the contrary, and the provisions of this trust shall be construed on such
assumption. Should there be no separate property in the trust or passing into the trust
after George E. Carl and Helen A. Carl, the Co-Trustors'deaths, all property shall pass as
though George E. Carl and Helen A. Carl shall have survived.
2. Surviving Spouse and Beneficiaries. If any beneficiary of the trust other than a Co-
Trustor shall die simultaneously with the Surviving Spouse, or if there is sufficient
evidence to establish that such beneficiary and the Surviving Spouse died other than
simultaneously, it is hereby deemed that the Surviving Spouse shall have survived the
beneficiary.
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The George E. Carl and Helen A. Carl Living Trust
E. Support and Education. At any time prior to the division of the Trust into shares as
herein provided, or prior to distribution if divided, the Trustee may, at his/her sole and
absolute discretion, provide such sums as shall be necessary or advisable, for the care and
maintenance, medical needs, and education of any beneficiary. This provision shall also
apply to the issue of a deceased beneficiary.
F. Extraordinary Distribution. The Trustees are further authorized to provide such sums
as shall be necessary or advisable, for the furtherance of worthwhile personal,
professional or business goals, and if, deemed appropriate by the Trustee, to provide such
sums for a partial or complete down-payment on a home of any Beneficiary, provided,
however, such aid or support shall be charged against the share of the Beneficiary
receiving it, and that no such aid or support shall in any way diminish the benefits
available to any other Beneficiary. Such provision shall also apply to the issue of a
deceased beneficiary.
G. Handicapped Beneficiaries. As used in this section, the term "Handicapped
Beneficiary" and any variations thereof and references thereto, shall mean any
beneficiary of this Trust who has been determined by a court of competent jurisdiction to
be incompetent or unable to manage his or her affairs. Additionally, the Trustee may
make a determination, in accordance with the procedures for determining the competency
of a Trustee, of the incompetency of any Beneficiary. The interest of all such
beneficiaries shall be governed by these provisions for Handicapped Beneficiaries.
Handicapped Beneficiaries shall not have any discretionary rights of a beneficiary with
respect to this Trust, or with respect to his or her share or portion thereof. The Trustees
shall hold and maintain such incompetent beneficiary's share of the Trust Estate in trust
and shall, in the Trustees' sole discretion, distribute for and provide for such beneficiary
as provided for in this trust for benefit to minors, and under the section "Support and
Education". Notwithstanding the foregoing, any Beneficiary who is deemed incompetent
or any Beneficiary who is diagnosed for the purposes of governmental benefits (as
hereinafter delineated) as being not competent or as being disabled, and who shall be
entitled to governmental support and benefits by reason of such incompetency or
disability, shall cease to be a Beneficiary, and Trustee if so named, of this Trust if such
aid is jeopardized by reason of the individual's statue as a Beneficiary or Trustee.
Likewise, they shall cease to be a Beneficiary or Trustee if any share or portion of the
principal or income of the Trust shall become subject to the claims of any governmental
agency for costs or benefits, fees or charges.
The portion of the Trust estate which, absent the provisions of this section "Handicapped
Beneficiaries" would have been the share of such incompetent or handicapped person
shall be retained in Trust for as long as that individual lives. The Trustee, in the sole
discretion of the Trustee, may utilize such funds for the individual as specified under the
section "Support and Education". All income from such share, not otherwise utilized for
the purposes of this Trust share, shall be added to the principal thereof annually. While
the Trustees hold such Trust property available for the benefit of any handicapped
beneficiary, it is the intent of the Trustors, and they direct the Trustee(s), in their sole and
absolute discretion, to provide life enrichment benefits for that handicapped beneficiary
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The George E. Carl and Helen A. Carl Living Trust
which would not cause the loss of any governmental benefit to which that beneficiary
would otherwise be entitled. Such benefits may include: training to develop skills and
abilities, special needs, transportation, educational support, tutoring, adaptive vocational
skills training, home and residential adaptation assistance, and any other programs to
provide"life enrichment" as may be permitted by law. Upon the death of this individual,
the residual of this share shalt be distributed as otherwise specified in the Trust.
If such individual recovers from incompetency or disability, and is no longer eligible for
aid from any governmental agency, including costs or benefits, fees or charges, such
individual shall be reinstated as a competent beneficiary after sixty (60) days from such
recovery, and the allocation and distribution provisions as stated herein shall apply to that
portion of the Trust Estate which is held by the Trustee subject to the foregoing
provisions of this section.
Upon the death of a Handicapped Beneficiary who would otherwise have been a
Beneficiary of this Trust, any allocation of the Trust Estate held in Trust which would
otherwise have inured to the benefit of said Handicapped Beneficiary shall be distributed
to his or her issue, if any, per the provision Titled ARTICLE VI (D) Distribution of
Deceased Beneficiary's Share.
ARTICLE VIII
TRUSTEE'S POWERS
In addition to all other powers and discretions granted to or vested in the Trustee by law
or by this instrument, the Trustee shall have full power to do everything the Trustee
deems to be in the best interests of the beneficiaries of the trust including, but not limited
to, the following powers and discretions:
A. Power to Retain Trust Property and Comply with Existing Agreements. To continue to
hold any property received in trust, including undivided interests in real property, and to
operate any property or any business received in trust as long as the Trustee, in the
Trustee's discretion, may deem advisable, notwithstanding the fact that any or all of the
investments retained are of a character or size which, but for this express authority, would
not be considered proper for the Trustee. In the event either Co-Trustor shall be a party
to a Buy-Sell Agreement, Cross-Purchase Agreement, Stock Redemption Agreement,
Option or any agreement providing for the disposition of such Co-Trustor interest in the
property, whether such agreement has been executed by Co-Trustor individually or as
Co-Trustee of this Trust Agreement, and which property is owned by the trust, then upon
the death of such Co-Trustor, the then acting Trustee of this trust is hereby directed to
transfer as much of Co-Trustor's interest in such property then held in the trust as is
necessary to carry out the provisions of any such agreement and to execute all documents
and take all further actions necessary or appropriate to cant' out the terms of such
agreement.
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The George E. Carl and Helen A. Carl Living Trust
B. Power to Manage Trust Property: To manage, control, sell convey, exchange,
partition, divide, subdivide, improve and repair; to grant options and to sell upon deferred
payments; to lease for terms within or extending beyond the duration of the trust, for any
purpose, including exploration for and removal of oil, gas and other minerals; to enter
into oil, gas and mineral leases, assignments, farmouts, easements and other servitudes; to
compromise, arbitrate, or otherwise adjust claims in favor of or against the trust; to
institute, compromise and defend actions and proceedings; to construct, alter or demolish
any buildings; and to carry such insurance as the Trustee may deem advisable.
C. Power to Invest. To invest and reinvest the principal and to purchase or acquire
therewith every kind of property, real and personal, and every kind of investment,
specifically including, but not by way of limitation, commodities of every nature,
corporate obligations of every kind, precious metals such as gold or silver, and stocks,
preferred or common, and to buy stocks, bonds, commodities and similar investments on
margin or other leveraged accounts and to short sell such accounts, and to buy, sell and
write stock and other security options, and to enter into commercial partnership as a
partner, limited or general, and to operate any business as a sole proprietor, to open,
operate and maintain a securities brokerage account wherein any securities may be
bought and/or sold on margin, and to hypothecate, borrow upon, purchase and or/sell
existing securities in such accounts as Trustee may deem appropriate or useful.
D. Power to Retain Trust Property without Diversification. To retain, without liability for
loss or depreciation resulting from such retention, original property, real or personal, at
any time received by the Trustee, for such time as the Trustee shall deem best, even
though such property may not be of the character prescribed by law or by the terms of
this trust for the investment of trust funds, and although it may represent a large
percentage of the total trust or estate property, and without being required to observe the
principle of diversification of trust investments.
E. Power to Retain Unproductive Property. To retain uninvested all or any part of the
trust estate from such time, and from time to time, as the Trustee may deem advisable;
provided that unproductive property shall not be held as an asset of TRUST A for more
than a reasonable time during the life of the Surviving Spouse without his or her consent.
F. Power to Borrow. To borrow money for any trust purpose upon such terms and
conditions as the Trustee may deem proper, and to obligate the trust estate by mortgage,
deed of trust, pledge, or otherwise, using such procedure to consummate the transaction
as the Trustee may deem advisable and to pledge the assets of the trust estate to secure
the guarantee by the Co-Trustors of the debts of third parties.
G. Power to Manage Securities. To have, respecting securities, all the rights, powers and
privileges of an owner, including the power to pay assessments and other sums deemed
by the Trustee necessary for the protection of the trust estate; to participate in voting
trusts, pooling agreements, foreclosures, recapitalizations, reorganizations,
consolidations, mergers, and liquidations, and in connection therewith to deposit
securities with and transfer title to any protective or other committee under such terms as
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The George E. Carl and Helen A. Carl Living Trust
the Trustee may deem advisable; to sell stock subscription or conversion rights, to accept
and train an as investment any securities or other property received through the exercise
of the foregoing powers.
H. Power to Partition, Allot and Distribute. Upon any division or distribution of the trust
estate, to partition, allot and distribute the trust estate in undivided interests or in kind, or
partly in money and partly in kind, at valuations determined by the Trustee, and to sell
such property as the Trustee may deem necessary to make divisions or distribution. The
power of the Trustee to make distributions in kind shall include the power to make non-
pro rata distributions in kind without regard to the income tax basis of assets so
distributed.
I. Power to Determine Principal and Income. Except as otherwise specifically provided in
this Trust Agreement, the determination of all maters relating to principal and income and
receipts and expenses shall be governed by the provisions of the Uniform Principal and
Income Act or similar statute applicable in the Commonwealth of Pennsylvania from
time to time existing. Any such matter not provided for either here or in the Uniform
Principal and Income Act or any statute applicable in the Commonwealth of
Pennsylvania shall be determined by the Trustee in the Trustee's discretion. The
Trustee's powers shall be subject, at any time that a beneficiary shall be a Trustee
hereunder, to the Trustee's duty to treat income and remainder beneficiaries equitable.
J. Power to Distribute Income. To make payments, if any, of the net income of the trust in
quarterly or more frequent intervals as may be convenient to the Trustee. Upon the death
of the income beneficiary of the trust during its continuance, any accumulated income
which would have been paid to such beneficiary had he or she survived shall not be
payable to his or her estate but shall be paid to his or her successors or successor in
interest in the trust as hereinabove provided.
K. Power to Employ Counsel. To employ counsel and corporate or other agents in the
discharge of their duties and to pay them a reasonable compensation out of either income
or principal, in the Trustee's discretion, and to rely upon the advice of counsel and to
suffer no liability resulting from any action taken or withheld pursuant to such advice.
L. Power to Pay Taxes and Expenses Relative to Trust Property. To pay from time to
time all taxes, assessments, including corporate assessments and other charges levied or
accruing against or on account of the trust property, and to pay all expenses of the trust,
including reasonable compensation of the Trustee. To deduct all said taxes, assessments,
charges and expenses from the income or principal of the trust as the Trustee may deem
proper, giving consideration to whether it was income or principle or an allocation
between them which gave rise to such taxes, charges and expenses.
M. Power to Hold Trust Property in the Name of a Nominee. To take title to any
property in its name as Trustee hereunder or in its own name or in the name of a nominee
without disclosing the trust, or, in the case of securities, to take and keep the same
unregistered and to retain them in such manner that title may pass by delivery; or, in the
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The George E. Carl and Helen A. Carl Living Trust
case of real estate, to keep deeds unrecorded; or the case of a checking or savings
account, to make deposits without indication of any fiduciary capacity.
N. Power to Distribute to or for the Benefit of Minor or Disable Beneficiary. In the case
in which a trust share is distributable to a beneficiary who has not reached majority in the
state of his or her residence, or in any case where mandatory or discretionary payments of
income or principle are to be made to such a minor or other beneficiary under legal
disability, the Trustee may, in the discretion of the Trustee, distribute income or principal
directly to the beneficiary, to the guardian or parent of the beneficiary, to a bank account
in trust, to a custodianship for the beneficiary or to a person with whom the beneficiary
resides. The receipt of the beneficiary, guardian, parent or person shall discharge the
Trustee from its responsibility for the proper expenditure of income or principal.
O. Power to Pay Taxes. To pay out of the trust shares or income interests giving rise to
such taxes, all state, federal and local property taxes, income taxes and all other taxes
relating to the trust estate.
P. Power to Lend. To lend money to any person, including the probate estate of either
Co-Trustor, provided that any such loan shall be adequately secured and shall bear a
reasonable rate of interest.
Q. Power in Insure. To carry insurance of such kinds and in such amounts as the Trustee
deems advisable, at the expense of the trust, to protect the trust estate and the Trustee
personally against hazard.
R. Power to Commence or Defend Litigation and to Compromise. To commence or
defend, at the expense of the trust, such litigation with respect to the trust or any property
of the trust estate as the Trustee may deem advisable, and to compromise or otherwise
adjust claims or litigation against or in favor of the trust.
S. Power to Withhold Payment Pursuant to Conflicting Claims. To withhold from
distribution, in the Trustee's discretion, at the time for distribution of any property in this
trust, without the payment of interest, all or any part of the property, so long as the
Trustee shall determine, in the Trustee's discretion, that, such property may be subject to
conflicting claims, to tax deficiencies, or to liabilities, contingent or otherwise, properly
incurred in the administration of the trust estate. The Trustee is under no obligation to
make such retention and shall be under no liability whatever for the exercise or the failure
to exercise such discretion. The interests of the beneficiaries hereunder shall be vested
regardless of whether or not such assets are so retained, and all income required to be
distributed shall be payable to such beneficiaries in convenient intervals not less
frequently than quarter-annually. Anything else herein to the contrary notwithstanding,
the Surviving Spouse may cause the disposition of the share in TRUST A through the
exercise of his or her power of appointment under ARTICLE V (13)(2) or(3) of this Trust
Agreement.
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The George E. Carl and Helen A. Carl Living Trust
T. Power to Adjust for Tax Consequences. To take any action and to make any elections,
in the Trustee's discretion, in order to minimize the tax liabilities of this trust and its
beneficiaries or to extend the time for payment of any tax liabilities. The Trustee shall
allocate the benefits from such action or election among the various beneficiaries. The
Trustee shall make adjustments in the rights of any beneficiaries, or between the income
and principal accounts, to compensate for the consequences of any tax election,
investment, or administrative decision that the Trustee believes has had the effect of
directly or indirectly preferring one beneficiary or group of beneficiaries over others.
U. Power to Subject Trust Property to Probate. It is George E. Carl and Helen A. Carl, the
Co-Trustors' intention to avoid probate through the use of this Trust Agreement. If,
however, the Trustee of this trust and the executor of the estate of either Co-Trustor shall
mutually determine that it shall be in the best interests of the beneficiaries of the trust,
and the beneficial interests of the beneficiaries shall not thereby be altered, the Trustee
may subject any asset to probate to accomplish a result unavailable without probate. This
power shall be strictly construed and shall only be used to secure any tax or other benefit
otherwise unavailable to the trust.
V. Power to Delegate. To perform or to delegate to any trustee or non-trustee any non-
discretionary power, including the power to singularly or jointly open, close or transfer
any type of bank account and savings and loan association account, sign checks, drafts,
withdrawal slips or other documents, give instructions for the receipt or delivery of
securities or other property, give instructions for the payment or the receipt of money
and, singularly or with others, have access to any safe deposit box or other place
containing property of this trust.
ARTICLE IX
LIMITATION OF POWERS
A. Management of Principal and Income. No powers, enumerated herein or accorded to
Trustees generally by law, shall be construed to enable any person appointed as Trustee
or otherwise, or any other person, to purchase, exchange or otherwise deal with or
dispose of the principle or income of this trust for less that an adequate consideration in
money or money's worth or to enable any person appointed as Trustee or otherwise to
borrow the principal or income of this trust directly or indirectly without adequate
interest or security. This limitation shall not apply to George E. Carl or Helen A. Carl,
Co-Trustor acting as Co-Trustee or sole Trustee, nor shall it apply to a Co-Trustor who is
the Surviving Spouse and serving as Trustee of TRUST A after the death of the Deceased
Spouse.
B. Fiduciary Capacity of Trustee. Any Trustee or Co-Trustee of an irrevocable trust
hereunder shall act at all times in his or her fiduciary capacity and shall treat the income
and remainder beneficiaries equitable, and no Trustee shall have any power which would
cause includibility of such irrevocable trust share in his or her estate for federal estate tax
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The George E. Carl and Helen A. Carl Living Trust
purposes. Should any condition arise, including a change in the law, which would prevent
any such Trustee or Co-Trustee of such irrevocable trust from acting as Trustee
hereunder without causing includibility of such trust share in his or her estate for federal
estate tax purposes merely by reason of such trusteeship, such Trustee or Co-Trustee
shall resign, and the next successor Trustee, as designated herein, who shall not be
subject to such includibility shall be appointed in his or her stead.
C. Invasion of Principal by Trustee. No Trustee or Co-Trustee who is also a beneficiary
of an irrevocable trust share hereunder shall have the power to invade the trust principal
for his or her benefit prior to the termination of the trust, except pursuant to the
ascertainable standards set forth in this Trust Agreement.
D. Trustee's Power over Community Property. The Trustee shall have no more extensive
power over any community property transferred to the trust that either of the Co-Trustors
would have had according to the laws of the Commonwealth of Pennsylvania had this
trust not been created, and this instrument shall be so interpreted to achieve this intention.
This limitation shall terminate upon the death of either Co-Trustor.
ARTICLE X
RECORDS AND ACCOUNTING
The Trustee shall keep and maintain adequate books and records reflecting all income
and principal transactions, which books and records shall be open at all reasonable times
to the inspection of the Co-Trustors and to their duly authorized representatives. The
Trustee shall furnish at least annual statements for all transactions to the then income
beneficiaries of the trust or to the natural or legal guardians of such beneficiaries.
ARTICLE XI
COMPENSATION OF TRUSTEE
The Trustee shall receive as compensation for its services, unless waived, such amount of
commissions as are customarily being charged by commercial trust companies for
services as a trustee of an inter vivos trust in the Commonwealth of Pennsylvania.
ARTICLE XII
TRUSTEES AND SUCCESSORS
A. Co-Trustors as Trustees and Successors. Upon the death, resignation or incapacity of
either George E. Carl or Helen A. Carl as Trustee, the Successor Trustee shall be the
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survivor of them. Upon the death, resignation or incapacity of both George E. Carl and
Helen A. Carl, the First Successor Trustee(s) shall be Bonnie M. Wolfe. In the event my
nominee fails to become or at any time ceases to be the duly appointed and acting First
Successor Trustee hereunder, I nominate Diane L. Arden as Second Successor Trustee.
OJU nrtt
B. Powers and Responsibility of Successor Trustee. Upon the appointment of any
successor Trustee, such Trustee shall not be required to conduct an audit or account of the
fiduciary conduct of any previous Trustee and shall incur no liability whatsoever by its
failure to examine the prior trust record. Every successor Trustee shall have all the
powers given the originally named Trustee. No successor Trustee shall be personally
liable for any act or omission of any predecessor.
C. Guardianship or Conservatorship of Trustee. The establishment of a Guardianship or
Conservatorship of the Trustee, whether it is of the Estate or the Person, shall cause the
trusteeship of such individual to terminate and to pass to the successor Trustee.
Additionally, should two physicians, neither of whom is a beneficiary hereunder, related
to either Co-Trustor or to the Trustee within the second degree, nor related to any
beneficiary of this trust or beneficiary under the Will of either Co-Trustor within the
second degree, certify that the Trustee is incompetent, then such trusteeship shall
terminate and pass to the successor Trustee upon notification of such certification to the
Co-Trustors, or the then surviving Co-Trustor, the Trustee, and each then income
beneficiary. Should any Co-Trustor, Trustee or income beneficiary object to such
certification, such objecting party may seek a legal determination of incompetence in any
court of competent jurisdiction.
D. Resignation of Trustee. Any Trustee or Trustee Agreement may resign as Trustee after
written notice of such resignation is delivered to the Co-Trustors, or the surviving Co-
Trustor, or, if both Co-Trustors are deceased, to all of the beneficiaries then receiving
income interests, and upon the acceptance of the successor Trustee to act. The resignation
of a Trustee can be effected by the attorney-in-fact for a Trustee exercising such power
pursuant to a valid power of attorney. An accounting of the assets, income and expenses
shall be delivered by the resigned Trustee to the successor Trustee as soon thereafter as is
reasonably practical.
E. Removal of Trustee. The Co-Trustors shall have full power and authority and, after the
death of either Co-Trustor, the surviving Co-Trustor shall have full power and authority,
at any time or times, to remove the Trustee hereunder and to appoint a successor Trustee,
including any corporation or banking institution, and shall do so by delivering to the
Trustee to be removed a written acceptance by the successor Trustee. Upon delivery of
such instruments to the Trustee, said Trustee shall, after deducting all charges and
amounts due it as Trustee, and upon receipt of such proper indemnity as it may require,
transfer and deliver the trust estate to the successor Trustee. Thereafter, said removed
Trustee shall have no further powers, rights, obligations or duties with reference to the
trust, and all such powers, rights, obligations or duties given the Trustee by this
instrument shall be binding upon said Successor Trustee. After the death of either Co-
Trustor, the surviving Co-Trustor shall have full power and authority to alter the
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succession of trustees, as provided herein, by written Designation of Successor Trustee(s)
filed with the then acting Trustee.
F. Delegation of Power to Co-Trustee(s) and Other Agents. Any acting Co-Trustee may,
from time to time, delegate to one or more of the remaining acting Co-Trustees any
powers, duties or discretions. Every such delegation shall be in writing, delivered to the
delegate or delegates and shall remain in effect for the period of time specified in such
written delegation or until earlier revocation in writing is delivered to such delegate or
delegates. The certification of any Trustee as to the name and authority of any Trustee
acting by reason of delegation or otherwise shall be sufficient evidence and shall
indemnify any person relying upon such certification. Additionally, a Co-Trustor acting
as a Trustee may, by the execution of a Power of Attorney, delegate to a third party the
power and authority to act for such Co-Trustor in his or her capacity as a Trustee in any
way in which said Trustee could act if personally present and able to act, subject to the
provisions and any limitations set forth in such executed Power of Attorney.
G. Required Consent of Co-Trustees. Subject to the provisions of ARTICLE XII (F),
whenever there are more than two (2) acting Co-Trustees, a majority of such Co-
Trustees, whether individual or corporate, shall have the power to make any decision,
undertake any action or execute any documents affecting the trusts created herein, and the
dissenting Co-Trustee or Co-Trustees shall thereupon be released from all liability
resulting from the decision of the majority. If there are two (2) acting Co-Trustees, the
decision of the individual Co-Trustee shall be binding.
H. Vacancy in Trusteeship. In the event that all of the named Trustees and successors
shall die, resign, or be incapacitated, and in the event that the right to appoint or designate
a successor Trustee is not exercised by the Co-Trustors or by the surviving Co-Trustor, as
provided in ARTICLE X11 (E) hereinabove, then, and in that event, the successor Trustee
shall be chosen by a majority in interest of the then living beneficiaries, with a parent or
guardian voting for each minor beneficiary.
1. Foreign Assets. In the event that the trust shall own real property (hereinafter
referred to as "Foreign Assets") in some state other than Pennsylvania and the Trustee
hereunder shall be a corporate or individual Trustee not authorized to do business in that
state, such corporate or individual Trustee shall select any individual ancillary Trustee
located anywhere within the United States of America, providing such individual Trustee
shall be legally able to act in such state, or a corporate ancillary Trustee located within
the state of sites of such real property, and such ancillary Trustee shall be vested with,
and only with, title to and management of each Foreign Asset, and such ancillary Trustee
shall have the same rights and powers over the real property within such state as the
regularly appointed Trustee under this trust would have had it been able to act as Trustee
within that State. The ancillary Trustee shall pay over to the Trustee hereunder, at least
annually, the net income attributable to such Foreign Assets. The Trustee selecting such
ancillary Trustee shall be held harmless for any wrongdoing on the part of the ancillary
Trustee which it shall elect. No individual ancillary Trustee may be selected who would,
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merely through selection as such ancillary Trustee, be subject to estate or inheritance tax
on any trust assets upon his or her death.
ARTICLE XIII
BOND
No Trustee or successor Trustee named herein shall be required to furnish any bond or
bonds for the performance of Trustee's duties hereunder.
ARTICLE XIV
BANK ACCOUNTS
While both George E. Carl and Helen A. Carl, the Co-Trustors are living and competent,
except when a corporate Trustee is acting hereunder, either George E. Carl or Helen A.
Carl, Co-Trustor may add money to or withdraw money from any savings or checking
account owned by the trust in any financial institution without the approval of the Trustee
or other Co-Trustor provided, however, that the ownership of the funds received or
deposited, whether community or non-community of either party, shall remain the same
and the Co-Trustor removing or adding such funds shall gain no additional ownership
interest therein than was present prior to the withdrawal from or addition to the trust
account.
ARTICLE XV
GOVERNING LAW
The validity of this trust with respect to real property shall be governed by the state of its
situs. The validity of this trust with respect to personal property, and the construction,
interpretation and administration of this trust with respect to all property, shall be
governed by the laws of the Commonwealth of Pennsylvania in force from time to time.
ARTICLE XVI
MERGER
The trust created hereby shall not terminate or be held to have terminated upon any
theory of merger based on the fact that the same persons are, by the terms of this
instrument, made sole beneficiaries and Trustee of said trust; and said beneficiaries are
expressly given the right and privilege to participate in the property and business and the
A — B Revocable Living Trust Agreement
The George E. Carl and Helen A. Carl Living Trust
profits, dividends, earnings and increase thereof without regard to the relation as Trustee
which such beneficiaries may bear to said trust.
ARTICLE XVII
CATASTROPHIC ILLNESS
Should a catastrophic illness affect one of the Undersigned while they are both living,
then the Trust Estate shall be divided into separate property of each Undersigned, in a
manner that complies with all pertinent laws and regulations, and not nullifying any other
provision required for the administration or allocation and distribution of the Trust, so as
to preserve for their benefit the estate of the undersigned not so affected.
Catastrophic illness shall be defined as an illness that renders the affected Undersigned
incompetent or not capable of caring for themselves such that full-time care is required,
and it is reasonably anticipated that such care shall be needed for a period of six months
or longer.
The property of the Trust Estate shall be divided proportionally to each Undersigned,
one-half of the joint property of each Undersigned and their separate property. After the
division, the share of the Trust Estate allocated to each undersigned shall be their sole and
separate property for all purposes, and shall be subject to the terms and conditions hereof
if that property remains part of the Trust Estate.
The Undersigned affected by the catastrophic illness, if competent, may elect to divide
the trust Estate in accordance with these provisions. If the affected Undersigned is not
competent to manage their affairs, then the person designated as the Attorney-in-Fact for
the Undersigned in their Durable Power of Attorney, or a court appointed conservator for
the affected Undersigned, shall make the division.
ARTICLE XVIII
PROVISION FOR XIX OF THE SOCIAL SECURITY ACT
If competent, a Settlor may, or, if not competent, the Settlor's duly appointed Attorney-
in-Fact under his or her Durable Power of Attorney or a court appointed Conservator of
the estate of the affected Settlor may also determine to reduce the separate share of the
said Settlor which is subject to his or her power of revocation to a point which will enable
the said Settlor to qualify for Medicaid payments under Title XIX of the Social Security
Act or any subsequent modification thereof or successor provision thereto by waiving,
releasing and relinquishing any and all power in the said Settlor to alter, amend or revoke
the provisions of The George E. Carl and Helen A. Carl Revocable Living Trust with
A - B Revocable Living Trust Agreement
The George E. Carl and Helen A. Carl Living Trust
respect to the portion of the affected Settlor's separate property to which such waiver,
release and relinquishment is to apply
In the event of such a release by a Settlor of his or her power to alter, amend or revoke
The George E. Carl and Helen A. Carl Revocable Living Trust, then as to the property
affected thereby, such Settlor shall automatically forfeit all rights or entitlement on the
part of such Settlor to any portion of either the principal or the income thereof.
If the value of the affected share should exceed the amount of the exemption equivalent
available by reason of the said Settlor's unused Unified Tax Credit under the Internal
Revenue Code or any successor or modified version thereof, the Trustee shall pay, from
the Trust Estate the amount of any Gift Tax liability thereby incurred.
ARTICLE XIX
VALIDITY OF TRUST AGREEMENT
A. Conflict with Jurisdictional Law. This trust shall be construed in such a manner as to
uphold its validity in the event that any provision would otherwise appear to conflict with
the law of the jurisdiction governing such trust provision in question.
B. Distribution Required by Court. In the event that any court of competent jurisdiction
shall make a final determination that some individual or institution other than a named
beneficiary hereunder is to be a recipient of a portion or all of this trust estate, the Trustee
shall distribute to such court-determined beneficiary such share as such court shall order,
and the Trustee and attorney for the trust shall be absolved from any liability whatever
for carrying out such order, and all beneficiaries herein shall be bound by such court
order. Should any such court make such a determination after any assets are distributed
hereunder, the individual or individuals receiving such assets shall return them to the
Trustee for redistribution in accordance with the court order.
C. Violation of Law. If the trust created hereunder shall violate any applicable rule
against perpetuities, accumulations or any similar rule or law, the Trustee is hereby
directed to terminate such trust on the date limited by such rule or law and, thereupon, the
property held in such trust shall be distributed to the persons then entitled to share in the
income therefrom, in the proportions in which they are entitled to share the income,
notwithstanding any provision of this trust to the contrary.
D. Exercise of Power of Appointment in Violation of Law. No power of appointment
granted hereunder shall be so exercised as to violate any such applicable rule or law, and
attempted exercise of any such power which violates such rule or law shall be void,
notwithstanding any provision of this trust to the contrary.
E. Headings. The headings, titles and subtitles used herein are for the convenience of
reference only and do not from a part hereof and in no way modify, interpret or construe
the meanings of the provisions contained herein and shall not affect the construction
hereof,
A—B Revocable Living Trust Agreement
The George E. Carl and Helen A. Carl Living Trust
ACKNOWLEDGEMENT OF THE TRUST
We, George E. Carl and Helen A. Carl have read the foregoing pages of this The George
E. Carl and Helen A. Carl Revocable Living Trust and that it correctly states the terms
and conditions under which the trustee is to hold, manage, and distributed the trust estate.
Executed on this)W"' day of 2000.
George E. Carl
We certify that the above instrument was signed, sealed and declared by George E. Carl
as his acknowledgment of The George E. Carl and Helen A. Carl Revocable Living Trust
in our presence and signed our names as witness thereto, believing him to be of sound
mind at the time of signing.
Residing at 4Q
Residing at
Executed on this day of :S *- 2000_.
Helen A. Carl
We certify that the above instrument was signed, sealed and declared by Helen A. Carl as
her acknowledgment of The George E. Carl and Helen A. Carl Revocable Living Trust
in our presence and signed our names as witness thereto, believing him to be of sound
mind at the time of signing.
Residing at
Residing at
A — B Revocable Living Trust Agreement
The George E. Carl and Helen A. Carl Living Trust
IN WITNESS WHEREOF, George E. Carl and Helen A. Carl, Co-Trustors, and George
E. Carl and Helen A. Carl, as evidence of their acceptance of the responsibilities of Co-
Trustees hereunder, have signed this Trust Agreement.
CO-TRUSTORS
Georie E. Carl '
4 .
Helen A. Carl
Commonwealth of Pennsylvania
County of Cumberland
Onaap Notary Public
, before me, CleVd?l \J�(Ov\fifl �jr-
DATE NAME OF 04ICER
Personally appeared George E. Carl and Helen A. Carl, personally known to me
-- OR proved to me on the basis of satisfactory evidence to be the person(s)
whose nis/are subscribed to the within instrument and acknowledged to me that
he/she/they executed the same in his/her/their authorized capacity(ies), and that by
his/her/their signature(s) on the instrument the person(s) or the entity upon behalf of
which the person(s) acted, executed the instrument.
Witness my had and o ficial seal.
Signature of NJITy
My Commission Expires:
North Notarial Seal
Notarial
Glen R.Waritie Jr.,Notary Public
a ette.
lFayette Twp..All e hany County
Mymmissio, $MY COMMISSion ExpireNov.10,2003
Member,Pennsylvania Assmiation of Notaries
A - B Revocable Living Trust Agreement
The Carl Family Amendments to Trust
Sample Amendment for Other Trust Sections
AMENDMENTS TO
The George E. Carl and Helen A. Carl Revocable Living Trust
NAME CHANGE
George E. Carl and Helen A. Carl, Co-Trustors:
Executed a Trust Agreement dated - �evo-cabe
200-��,
Establishing The George E. Carl and elenA. Carl iving Trust.
Pursuant to the powers granted in ARTICLE II (A) of the Trust Agreement, Co-Trustors
have the power to amend the Trust Agreement by written instrument signed by both
George E. Carl and Helen A. Carl, Co-Trustors and filed with the Trustee.
Co-Trustors desire to amend the Trust Agreement and make the following amendment,
which shall be effective as of the date of execution hereof:
The person identified as Diane L. Arden throughout the Trust Agreement is hereby
replaced and substituted with the following individual, Dianne L. Ardan, who is to
assume the role, responsibilities, duties, and powers first given to Diane L. Arden.
IN WITNESS WHEREOF we have signed this Amendment to Trust Agreement this
i day of C�6 1J , 200C,
_ 7 �
George E. Ca
! . i Nowal Sam
Jerry A.Mattern,Jr., Notary Public
Helen A. Carl camp Hill B3 M'cumberlend county
M Commission
r-xDkes Sept. 1,2003
Mrrt�,et.Pet►t>vyNe assadation6114otaries
Amendments to Trust
JAN L. BROWN & ASSOCIA'T'ES
ATTORNEYS AND COUNSELORS AT LAW
JAN L. BROWN,ESQUIRE BRENDA F. KEPHART,LEGAL ASSISTANT
JACQUELINE A. KELLY.ESQUIRE JUDITH A. EBERSOLE,ADMINISTRATIVE ASSISTANT
CHRISTA M. APLIN,ESQUIRE MELISSA L. SMITH,LEGALASSISTANT
November 25, 2014
Register of Wills
Cumberland County Courthouse
One Courthouse Square `J' rn
Carlisle, PA 17013 =�' ' c'
r I t ;i
Re: Helen A. Carl deceased � ' ' ry
�-, M -,
Gentlemen or Ladies: `
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rn
Enclosed please find the following items for filing with the Register of WPs: -► cn Q
.. `T
1. An original and two copies of the Inheritance Tax Return.
2. Check payable to Register of Wills in the amount of$15.00 representing the filing fee
for the Inheritance Tax Return.
Please time stamp and return our file copy of the Inheritance Tax Return. Also, please provide
us with the appropriate receipt.
If you have any questions, feel free to contact this office.
Sincerely,
Chrlsta M. Aplin
CMA/mis
Enclosures
cc: Bonnie M. Wolfe, Trustee
Olde English Gap • 845 Sir Thomas Court Suite 12 Harrisburg,PA 17109
Telephone(717)541-5550 • Fax(717)541-9223 • Email:JLBassoc@janbrownlaw.com • www.janbrownlaw.com
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