HomeMy WebLinkAbout08-03-15 (2) i � ■i■ �
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� �i �pennsylvania
7,505614105
� ..� ,.,.��,,.�c.e.,��K EX(03-14)(FI)
REV���OO OFFICIAL USE ONLY
Bureau of Individual Taxes County Code Year File Number
INHERITANCE TAX RETURN
PO BOX 280601 ,1 r %
Harris�urg, PA 17128-0601 RESIDENT DECEDENT �=,�I � �j
,
ENTER DECEDENT INFORMATION BELOW
Social Security Number Date of Death MMDDYYYY Date of Birth _ MMDDYYYY
061- � 02032013 � 07121920 �
DecedenYs Last Name Suffix DecedenYs First Name MI
Fedyk � Grace Ba
(If Applicable)Enter Surviving Spouse's information Below
Spouse's Last Name Suffix Spouse's�irst Name MI
� — ❑
THIS RETURN MUST BE FILED IN DUPLICATE WITH THE
REGISTER OF WILLS
FILL IN APPROPRIATE OVALS BELOW
� 1.Original Return p 2.Supplemental Return p 3. Remainder Return(date of death
prior to 12-13-82)
p 4.Agriculture Exemption(date of p 5.Future Interest Compromise(date of 0 6. Federal Estate Tax Return Required
death on or after 7-1-2012) death after 12-12-82)
� 7.Decedent Died Testate p 8. Decedent Maintained a Living Trust � 9. Total Number of Safe Deposit Boxes
(Attach copy of will.) (Attach copy of trust.)
p 10. Litigation Proceeds Received p 11.Non-Probate Transferee Retum p 12. Deferral/Election of Spousal Trusts
(Schedule F and G Assets Only)
O 13. Business Assets � ,14.Spouse is Sole Beneficiary
(No trust involved)
CORRESPONDENT- THIS SECTION MUST BE COMPLETED.ALL CORRESPONDENCE AND CONFIDENTIAL TAX INFORMATION SHOULD BE DIRECTED T0:
Name Daytime Telephone Number
Crystal K. Martin, EA � �17) 533-5154
First Line of Address
Smoker, Smith &Assoc. �
Second Line of Address
339 W Governor Rd
City or Post Office State ZIP Code
Hershey PA 17033 �
--- ; � �
CorrespondenYs ema�i aaaress: cmartin@smokersmith.com � o � �� �
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REGISTER�F V,�iLk'9USE LY �` �]
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REGISTER OF WILLS USE ONLY . � '-P' r�9 W �;.'�'�'.1 `�'�
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PLEASE USE ORIGINAL FORM ONLY
Side 1
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. � ],505614205
REV-1500 EX(FI)
DecedenYs Social Security Number
oecedent's Name: Fedyk, Grace B �
RECAPITULATION _
1. Real Estate(Schedule A). ..................... ....................... 1.
2. Stocks and Bonds(Schedule B) 2. 11,490.49
.......................................
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. 29,016.58
6. Jointly Owned Property(Schedule F) O Separate Billing Requested ....... 6.
7. Inter-Vivos Transfers&Miscellaneous Non-Probate Property
(Schedule G) O Separate Billing Requested........ 7.
8. Total Gross Assets(total Lines 1 through 7).. ........................... 8. 40,507.07
9. Funeral Expenses and Administrative Costs(Schedule H).... ............... 9. 3,366.36
10. Debts of Decedent,Mortgage Liabilities and Liens(Schedule I)............... 10. 10,419.79
11. Total Deductions(total Lines 9 and 10)................................. 11. 13,786.15
12. Net Value of Estate(Line 8 minus Line 11) .............................. 12. 26,720.92
73. 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. 26,720.92
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_ 15.
16. Amount of Line 14 taxable
at linea�rate X.0 45 26,720.92 16, �,202.44
17. Amount of Line 14 taxable
at sibling rate X.12 17�
18. Amount of Line 14 taxable
at collateral rate X.15 �$•
19. TAX DUE ......................................................... 19.�---- 1,202.44 �
20. FILL IN THE OVAL IF YOU ARE REQUESTING A REFUND OF AN OVERPAYMENT �
Under penalties of perjury,I declare I have examined this return,including accompanying schedules and statements,and to the best of my knowledge and belief,
it is true, ect and complete.Declaration of preparer other than the person responsible for filing the return is based on all information of which preparer has
any kno led e.
SIGNAT E OF ER N RE NSIBLE FOR FILING RETURN DAT
�► s
ADDR SS
1155 Greenwood Dr, Hummelstown, PA 17036
SI �TURE O P EPA ER OTHE THAN PERSON RESPONSIBLE FOR FILING THE RETURN DATE
ADDRES ,
Smo er, Smith &Assoc, 339 W Governor Rd, Hershey, PA 17033
�I����I I��������I����I�I�I�����I�������'I�I��II��I�����I���� Side 2
� 1505614205 1505614205 J
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REV-150U'EX (FI) Page 3 File Number
becedent's Complete Address:
DECEDENT'S NAME
Grace B. Fedyk
STREETADDRESS
Twin Oaks Nursing Home
CITY STATE ZIP
Palmyra PA 17078
Tax Payments and Credits:
1. Tax Due(Page 2,Line 19) (1) 1,202.44
2. Credits/Payments
A.Prior Payments
B.Discount
(See instructions.) Total Credits(A+B) (2)
3. Interest
(3) 62.64
4. If Line 2 is greater than Line 1 +Line 3,enter the difference. This is the OVERPAYMENT.
Fili in oval on Page 2,Line 20 to request a refund. (4)
5. If Line 1 +Line 3 is greater than Line 2,enter the difference.This is the TAX DUE. (5) 1,265.08
Make check payable to: REGISTER OF WILLS, AGENT.
�"a� ���
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................................................:......................................... ❑ �
b. retain the right to designate who shall use the property transferred or its iricome ............................................ ❑ �
c. retain a reversionary interest .............................................................................................................................. ❑ �
d. receive the promise for life of either payments,benefits or care?...................................................................... ❑ �
2. If death occurred after Dec.12,1982,did decedent transfer property within one year of death
without receiving adequate consideration?.............................................................................................................. ❑ �
3. Did decedent own an"in trust for"or payable-upon-death bank account or security at his or her death?.............. ❑ �
4. Did decedent own an individual retirement account,annuity or other non-probate property,which
contains a beneficiary designation? ........................................................................................................................ ❑ �
IF THE ANSWER TO ANY OF THE ABOVE QUESTIONS IS YES,YOU MUST COMPLETE SCHEDULE G AND FILE IT AS PART OF THE RETURN.
;�� ����
For dates of death on or after July 1, 1994,antl before Jan.1, 1995,the tax rate imposetl on the net value of transfers to or for the use of the surviving spouse
is 3 percent[72 P.S.§9116(a)(1.1)(i)].
For dates of death on or after Jan. 1, 1995, the tax rate imposed on the net value of transfers to or for the use of the surviving spouse is 0 percent
[72 P.S.§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 step-parent of the chiltl is 0 percent[72 P.S.§9116(a)(1.2)j.
. The tax rate imposed on the net value of transfers to or for the use of the tlecedent's lineal beneficiaries is 4.5 percent,except as notetl in[72 P.S.§9116(a)(1)].
• The tax rate imposed on the net value of transfers to or for the use of the decedenYs siblings is 12 percent[72 P.S.§9116(a)(1.3)].A sibling is defined,
untler Section 9102,as an individual who has at least one parent in common with the decedent,whether by blood or adoption.
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' REV-1503 EX+(02-15) I I
iJ pennsylvania SCHEDULE B
Ta�� DEPARTMENTOFREVENUE STOCKS & BONDS
INHERITANCE TAX RETURN
RESIDENT DECEDENT
ESTATE OF FILE NUMBER
Grace B Fedyk 21-13-0275
All property jointly owned with right of survivorship must be disclosed on Schedule F.
ITEM VALUE AT DATE
NUMBER DESCRIPTION OF DEATH
1' 790 sh Manulife Financial Corporation,CUSIP 56501R106 11,411.55
2 Accrued Dividends,Manulife Financial 78.94
TOTAL(Aiso enter on Line 2, Recapitulation) $ 11,490.49
If more space is needed,insert additional sheets of the same size
. I IIIII II �1■ 1 .
� REV-v508 EX+ (OZ-15) I
��,r"�cvaii.c �
� pennsylvania
.. _ DEPARTMENTOFREVENUE CASH� BANK DEPOSITS & MISC.
INHERITANCETAXRETURN PERSONAL PROPERTY
RESIDENT DECEDENT
ESTATE OF: FILE NUMBER:
Grace B. Fedyk 21-13-0275
Inciude the proceeds of litigation and the date the proceeds were received by the estate.
Ali property jointly owned with right of survivorship must be disclosed on Schedule F.
ITEM VALUE AT DATE
NUMBER DESCRIPTION OF DEATH
�• PNC Bank Checking Account#5140195594 24,769.58
2 Furnishings-personal properry 1,000.00
3. US Treasury-Personal Income Tax Refund 3,247.00
TOTAL(Also enter on Line 5, Recapitulation) $ 29,016.58
If more space is needed,use additional sheets of paper of the same size.
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REV-1511 EX+ (02-15)
. � pennsylvania SCHEDULE H
� DFC4RTMFyTQF�2F\/FNI_IF CviV�Q��a. ����i���� i-�i�v
INHERITANCE TAX REfURN I ADMINISTRATIVE COSTS
RESIDENT DECEDENT
ESTATE OF FILE NUMBER
Grace B. Fedyk 21-13-0275
DecedenYs debts must be reported on Schedule I.
ITEM
NUMBER DESCRIPTION AMOUNT
A. FUNERAL EXPENSES:
1' Malpezzi Funeral Home 1,351.10
_
8 Market Plaza Way,Mechanicsburg,PA 17055
Amount prepaid$9,230.97. Total cost$10,582.07 Balance due paid by estate.$1,351.10.
B. ADMINISTRATIVE COSTS
1. Personal Representative Commissions
Name(s)of Personai Representative(s)
Street Address _ _
City State___ZIP
Year(s)Commission Paid: _
221.00
2. Attorney Fees:
3. Family Exemption: (If decedent's address is not the same as claimant's,attach explanation.)
Claimant —_
Street Address _
City State_.__ZIP
Relationship of Claimant to Decedent __
4. Probate Fees
5. Accountant Fees 1,200.00
6. Tax Return Preparer Fees: 205.60
�� Filing fees 188.50
8. Advertising 1 Publication 200.16
TOTAL(Also enter on Line 9, Recapitulation) $ 3,366.36
If more space is needed,use additional sheets of paper of the same size.
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. REV-1512 EX+(02-15)
� I SJ�.I�CVI�LG I
`'i7 pennsylvania
t�� DEPARTMENTOFREVENUE DEBTS OF DECEDENT,
INHERITANCETAXRETURN MORTGAGE LIABILITIES & LIENS
RESIDENT DECEDENT
ESTATE OF FILE NUMBER
Grace B Fedyk 21-13-0275
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• Chase-Credit Card Debt 847.90
2. Chase-Credit Card Debt 389�98
3 Twin Oaks Nursing Home,Palmyra,PA 7,154.52
4. PA Income Tax,2013 Balance Due 50.00
5. Advance Medical Transport 710.00
6. USAA Insurance 1,136.79
_
7. Community Life Team 130.60
TOTAL(Also enter on Line 10, Recapitulation) $ 10,419.79
If more space is needed,insert additional sheets of the same size.
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" REV-1513 EX+ (02-15) I I
� pennsylvania SCHEDULE J
DEPARTMENT OF REVENUE BEN EFICIARIES
INHERITANCE TAX RETURN
RESIDENT DECEDENT
ESTATE OF: FILE NUMBER:
Grace B. Fedyk 21-13-0275
RELATIONSHIP TO DECEDENT AMOUNT OR SHARE
NUMBER NAME AND ADDRESS OF PERSON(S)RECEIVING PROPERTY Do Not List Trustee(s) OF ESTATE
I TAXABLE DISTRIBUTIONS[Include outright spousal distributions and transfers under
Sec.9116(a)(1.2).]
1. Paul Fedyk Son 50%residuary
1155 Greenwood Dr,Hummelstown,PA 17036
2. Linda Fedyk Daughter-in-laN 25%residuary
6693 Oak Cliff Rd,Pensacola,FL 32526
3. Michael Fedyk Grandson 12.5%residuary
1155 Greenwood Dr,Hummelstown,PA 17036
4. Shannon Fetlyk Grandchild 12.5%residuary
1155 Greenwood Dr,Hummelstown,PA 17036
ENTER DOLLAR AMOUNTS FOR DISTRIBUTIONS SHOWN ABOVE ON LINES 15 THROUGH 18 OF REV-1500 COVER SHEET,AS APPROPRIATE.
II NON-TAXABLE DISTRIBUTIONS
A. SPOUSAL DISTRIBUTIONS UNDER SECTION 9113 FOR WHICH AN ELECTION TO TAX IS NOT TAKEN:
1.
B. CHARITABLE AND GOVERNMENTAL DISTRIBUTIONS:
1.
TOTAL OF PART II— ENTER TOTAL NON-TAXABLE DISTRIBUTIONS ON LINE 13 OF REV-1500 COVER SHEET. $
If more space is needed,use additional sheets of paper of the same size.
... . . I IIIII. II 111 � 1
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LAST WILL AND T�STAMENT
CLLRK �E'
Ok�!'f-{A��S' ��U�.i�i OI�'
CUMB�R�.A�dLJ �O„ s�F,
GRACE B.F�DYf�
I, GR�iCL B. FEDYI�, now of 18 Laurel Drive, Mechai�icsbu��g, Ct�mberland County,
Pennsylvania,17055,do publish aiid declare this to be�iiy Last Will and Testament,hereby revoking
ali other prior wills aud codicils made by me.
FTRST: Fainily Bacicgrowid and A��oinfineiit of Executor.
(A) ramzl�antl Baeic�rouncl Tnformafion. I am riot eui7ently marriecl. Ivly children az�e
�AMES P.I'EDYK ai�d PArTL J.r�DYT�. Tlu�oughout this WiII,JAMT{�S P.I+�D'YK and PAUL
,�. FEDYK,will be referred to as "my children" or"my sons". The wor�i "issue" wiil include my
cl�ildren as well as my other descendants.
(I3) ,A�t�oiiitn�elit of Exeeutar•. I appoint as my rxecute�r and successor�aectrtor(ali
hereina$erreferi•ed fo as Executor tlu•oughout ti�is Will),the followia3g i1ai�iedpersons witliout beixlg
required to account to any Court:
Executor: NIy son,PAUL J.F�DYK.
Successor�xecrrto�: My sai JAM�S P.rEDYi� �j ���..���5���
--�
(C} �nter Vivos Trust. The inter vivos tn�st-agreemezit referred to in this�Uill is entitled
'�THE F�DyI�rA1V1ILY TRUST",by and between m}�self as Scti:lor and myself as T2•ustee, as
now in effect or as may hereafter be amended.
��COND: �'une�•al nnd Last Iltness �xpenses; Taxes.
(A) Ex�enscs of Tu�aez•al �nd Last Tllness. I direct my Executor to pay my fiYxieral
expenses and the expenses of my last illness from my estate.
(I3) T�xes. 1 ciirect my Lxecutor ta pay any and alI estate,i nlieritance,succession,legacy,
transfer and other cieatil ta�es or duties,by whatever name called,incluciirig any and all interest and
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LAST W7LL_AND TESTANTGNT
or
�RacE B. r�n��
PAGE 2
pen�lties thereon, unposed under the laws of any jtu�isdiction by reason of my death upon or ti�vitl�
respect to any and all property included in my gross estate for fhe purpose of such taxes,whether
such pz•operty passes undec•or oti#side of this Wi�l. Without any appo�tioi�ment otherwise required
by Iaw a.nd without being prorated o�-apportioned among or cliarged agai�lst the i�espective devises,
tegatees, beneficiaries, h'ansferees, or other•recipients of any such property or chat•ged against any
property passing o�•which may have passed to any of them, I d'u�ect that any taxes so paid shall be
cha��ged against my residua�y estate. My Executor shall not be entitled to reimbiu�sement for auy
portion of any such taxes fi•om any such person. The foregoing pz•ovisions of this Article SECOND
shall not apply to such portion oz•portions of said taxes,interest and penalties tivhich may be required
to be paid, o�' a��e actually paid or reunbursed, by the Trustee of the Tiust described i�i Paragraph
FIRST(C), above.
THIRD: Tan�ible Pez•sonat Prapertv. Except for those items t;xchlded helow and those
items en�unerated in the Letter of T�istruction,I bequeath all my tangible personal propeity,includir�g
but not]unitecl to clothing,jewehy, heirlooms, furnihu�e, household fw�lishings, personal effects,
motor vehicles, and all other similar a�ticles,wluch I own, and the insiu-ance thereon, to my sons,
JAN�S P. FEDYK and PAUL J.FEDYK,living at the time of my de��t11,
Notwithstanding any other provisians in this Article THIRD,I may leave a sepa��ate, dated
and unsigned Letter of 7nstzuction,which I shall place with my Wi]],eont�viing clirections as to the
ultimate disposition of ceitain of the property bequeat�ied under this Ai�ticle THIRD,and such Lettei•
of Instiuction shail deteimine the clistribution of such items.
rOLTRTH: Residuaiy�state. T devise and bequeat��a11 oi'the rest,residue aud remainder
of my estate, real, personal and mixed, of whatever nature and wlierever situated to whic�i I am
legally or equitably enritied, to the then-acting Tiustee of the Ti-ust desc�ibed in Paragraph FIRST
(C) of tt�is Wi11,to be held, admisiistered aud distributed ptusuant to tlie tert7�s thereof, as the sa�ne
may be amended from time to time. By this devise and bequest of my residua�y estate I hereby
exei•cise all Powe�•s of Appointment I possess at the tinze of my de�ith except any p�wer of
appaintment�vhich I possess under tbe Ti�ust described in Pai•agrapil FIRST(C) of this Will.
rYI�TH; Po�cvers of�gec�itor. In adclition to tt�e powers and dt�ties as n�ay have been
. granted elsewhere in this Will, but subject to any linu#ations stated else�vhez�e in this Will, the
Executoi•shall ha�c�e arid exercise exclusive management and control of the Estate a�id shall be vested
with the following specific powers and discretion, in additioai to tlie powers as may be generally
confe��red fi•ozn time to time upon the Executor by law:
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I IIIII II ■1■ � .
LA�T WILL AND T�STAN�N'L'
OT
GRA.CE B. FEDXK
PAGE 3
(A) In the manage�nent, cai�e and disposition of tl�e Estate, the Execritor shall have the
power to do all tl�ings and to execute such instiuments,deeds,or othec dociunents as rnay be deemed
necessa�y or proper, including the following por,vers, all of which may be exereised witl�out order
of or repoi�t to any Court;
(1) To sell, exchange or otherwise dispose of any property at any time held or
acquired he3•eunder, at public or private sale, foi•cash oi• on teims,without advertisement,
iilduduig the right to lease for any terxn notwithstanding the pei�iod c�f the Estate,a.nd ta grant
options,including any option for a period beyond the d�u�ation of tlie Estate.
(2) To invest all monies in such stocks,bonds,secw-ities,rt�oitgages, notes, choses
in action,real estafe or impi•ovements thereon, and any other property as the Executor may
de�m best, without rega�•d to any law now or hereafter enfoi•ced l'vniting investments of
fiduciu�es.
(3) To retain for investment auy properry deposited���ith tlie Executor hereunder.
(4) To vote in person or byproxy any coiporate stock or other secw-ity and to agree
to or take any other action in regard to any reorganization,merger,consolidation,liquidation,
bankiuptcy or other procedure or proceedings affecfing any stock, bond, note or other
seciu-ity.
(S) To use attoi�neys, real estate brokers, accountants and other agents, if such
employment is deemed necessa�y or desirable,and to pay reasonable compensation for their
seivices.
(b) To compt�omise,settle or adjttst atly claim or daman.d by or agair�st the Estate aiid
to agree to any�'escission or modification of any contract or agrecrnent affectii�g tI�e Estate.
(7} To renew any indebteduess,as���ell as to boirow money,and to secure the s�ne
by mortgaging,pledging or conveying any property of the Estate.
{8) To retain and ca�7y on auy business in which flie Estate rnay acquu-e an i�zterest,
to acqui�e additional interest in any such business,to agree to the liqtudation in kii�d of any
corporation in whic}�the Estate may have an interest a.nd to cu�iy on the busiuess thereof,to
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LAST WILL AND TESTANI�NT
or
c�c�c B. I�'EDYI�
PAG�5
viterest and with adequate security,and upon such teiYns and conditiorls as the�xecutoz�s}��11 deem
fai��and equitable.
. (r) The Executor shall be authorized to sell or plu�chase at the fau� market value as
detei-�nined by the Execntor, any propetty to or fi•om�ny trust creafed by me during life or by Will, .
even thougli the same person or coiporation may be acting as Executor of my estate oz' as Tnistee
of any of my other t�-usts.
(G) The EYecutor shall liave dise�•etion to detei-mine whether items should be charged or
credited to income or principal or allocated between income and principai as the Executor may dee�n
equitable a.nd fair undez•all the cvcumstances, incltading the power to alnortize or fail to amortize
any part or all of any premium or discount, to treat any pait.ox� all of the profit resulting fi.'om the
maturity or sale of any asset,whether purchased at apremium or at a disco�int,as income or pz�incipal
or apportion the same between income at�d prineipal, to apportiori tt�e sales price of any asset
between income and piYncipal, to treat any dividend or other disti7burion of any investment as
incoine or principal, or apportion the same between income aud pzincip��l, to charge any e:cpense
against income or principal or apportion the same, and ta provide or fail to provide a��easonable
z•esetve against depreciation or obsoleseence on any assets subject to depreciation or obsolescence,
all as the Executor may reasonably deem equitable and jzist under all che cvcuinstances. If the
Bxecutoi• does not exercise the aUove discretionaiy power,the cash or accrual�Jlocation sh�il be in
accordance with Chapter 81 of Title 20 of the Pennsylvania Consolidated Statutes, or the
coiresponding provisions of subsequent state law.
(� If at any time the total fair ma�'ket vahie of the assets of a�3y ttust established or to be
established hez•eimder is so sinall that the corporate Trustee`s annual fee for administering the ti-ust
�vould be the miuimiun annual fee se�forth in the Trustee's regula�'ly publisl�ed fee schedule then,
in effect,tlie Ti�stee iu its discretion shall be authoi�ized to teiminate such hust or to deeide not to
establish such tnist,and in such event the property then held in or to be distt•ibuted ta sueh tnist shall
be dish-ibuted to the persons who are then o�•�vould be entitled to ttie income of such#�1ist. If the
�ount of income to be recei�ed by such persons is to be dete�xnined in the,disc��etion of the Tiustee,
then the Trustee sliall dish�ihute the property among st2ch of the persons to �vhom the Tn�stee is
authorized to dish7bute income, and in such propoi�tions, as t}�e Trustee in its discretion shall
determine.
(� Except as otherwise provided iu this Will,�vhe�i the authoi•ity and po�ver under fhis
Will is vested in two (2) or more Executors or Ti-ustees, �he a�rt(zo�•ity �ind po�vers are to be eld
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i IIIII .II �Il . 1 .
LAST WILL AND T�STAMTNT
OF
GRAC�B. rLDYK
PAGE 6
jointly by the Executors or Trustees, respectively. A majority of the Exec�itoi•s or Trustees may
exet•cise any authority or po�ver granted under this Will or grallted 1�y lativ, and may act under this
Wi1I. Any attempt by one such Executor or Tz-ustee to act under this Wil(on other than ministeiYal
acts shall be void. The action of one such Executor or Tiustee under this Will may be validated by
a subsequent ratification of the act by a majoi-ity of tlie�xecutors or Ti-�istees.
SIXTH: Ri�lits and Liabilities of Esecutor ar3d Trustee,
(A) No bond or other security svall Ue requi��ed of any Executoi•.
(B) Tliis uistrument altvays shall be constiued in favo�- of tl�e validity of any act or
omission by any Exec�tor,and any E;cecutor shall not be liable for any act or oznission except in the
case of gross negligence, bad faith or fraud. Specifically, in assessing the pi�opriety of any
investment,the overall peifoi�rnance of the enti��e Estate shalt be taken i��to account.
(C) Each Executor shatl be entitled to receive reasonable compensation foi• seivices
actually rendered to my estate, in an amount the Exeeutor noi�nally anci customarily chu-ges �or
perfoi�ning similar seivices during tbe time which he/she perfoi�nls the s eivices.
S�VENTH: Tax Eiections.
(A) In detei7nining the estate,ir►heritance and income tax liability relating to my Estate,
the Executoi's decision as to a11 available tax elections shall be conclusive on all eoneei-ned. In
accordance with TRC Section 2b32(a) and without reg��d to �vhet�ler a��ederal estate tax i�etw�n is
actually filed, my Executor shall allocate so �nuch of the Federal Generation Skipping T��ansfer
(GST) e�emption amount as tivi11 fully exempt any generatiou skip��ing transfer�vhich inay occur
under this Will,
(B) Tlie Executor may,in its discreti�n, deteim ine tlie date as of wluch iny gross estate
shall be valued for the plupose of determining the applicable tax payabie by reason of my death.
(C) Tlie Executor may, in its discretion, decide �vhether al1 or any pa�t of certain
deductions shall �e t�lcen as iucome tax deductions (even thougli they may equal or exceed the
ta.�cabie incoine of my estate and ti�hether or not clalme�i or of be�lefit on my estate's i�icome tax
rehii7�) or as estate tax deductions wl�en a choice is ava.ilable; and i��the E:vent that all or any part af
such deductions a��e taken as iiicome tax deductions,no adjusiment of incc�me a�id principal accounts
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LA�T WILL AND T��TAM�NT
��
GRAC� B. FEDYIC
PAGL 7
ui my estate shali be inade as a i�esult of sucl�decisions.
�IGHTH: �nendthz•ift Provision. No beneficia�y shall have the power to anticipate,
encuinber or h'ansfer his oi�her inte�-est in the estate in any manner atller thau hy the valid exercise
of a power of appointment. No part of the estate shail be Iiable fol• or charged with any debts,
conh�acts,liabilities or torts of a beneficiuy or subject to seizure or othei� ��rocess by any creditor of
a benefici�y.
NINTH: Definitions �nd General Pi�ovisions.
(A) Siirvival. Any beneficiaiy who dies witl�in sixty (60) days af�ez�iYry death shall be
considered not to I�ave suivived me.
(B) Captioiis. The captions set fo��th in this Will at the begi��tiing of the v�'ious articles
hereof�'e for convenience of reference only and shall not be deemed to de`uie or liuut tlie provisions
hereof or to affect in any way tlieu�corist�uction and application.
(C) Childt•en. As used in this Will, tlie �vords "child" an<� "children" sl�all include
persons who are Iegally adopted and the issue of said persons,wbether horn in or out of wedlock,
so long as any person boin out of wedlock is acknowledged in a written i��shuinent executed by the
one of their natural parents who is a descendant of mine to be the chilci of s atd descendant. The word
"issue" shall include descendants of all generations iuchtding adopted persons. A posthumous cluld
shall be considei�ed as living at the death of his pat�ent. The birth to me or the adoption by me of a
child or children subsequent to tbe execution of this WiII shall not operate,to revoke this Will.
(D) Cocle. Unless othe��wise stated, all references in L�iy �'i11 to sectian and chapter
numbers a�'e to those of the Intet�al Revenue Code of 1986, as amended, or the coi7�esponding
provisions of any subsequent federal tax laws applicable to my estate.
(r) Othet�tez�rtts. The use of any gendei•includes the othei�ger.ders,and the��se of either
the singula��or the phu�al iucludes the other.
(r) Po�vers of A��ointment ai�e�xercised. By this Wil1 I exercise any and all 1'owei�s
of Appointment which I possess at the tiine of my death except�y powf,r of appozntment�vluch I
possess tmder the T11ist desciYbed in Paragrapl��IRST(C), above.
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T,AST Vt�TLL AND T��TAMENT
or
G�acr�. rFn��
PAG�8
1N WTTN�SS WI�REOI',I,GRACE B.TED�'��,the Testatrih,have to this my Last Will
and Testament,type4vritten on nine(4)pages,inchiding the Acknowledg�nent and Affidavit,set my
ha.nd and seal this 28'h day of Febniaiy, 2002.
,� �_ �� =�,;���
GRA.CE B. I+EDYK �
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Signed, sealed,published and decla.red by the above-narned Testatr�ix, as and for her Last'VVill and
Testament, in tlie pi•esence of iis, who have here�u�to subscribed our names at her z�equest, as
witnesses hereto,in the presence of tl�e said Testatrix,and in the presence of each other. Each of us
further decla�•es that he or sbe believes the Testat��ix to be of sc>und mind and memoiy. `I'he
. preceding instrument consists of this and eight(8) other consecutively numbered type�n-itten pages
including the Acknowledg nt and Affidavit.
`� �i�r��� resldmg at �a�
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(pi7nt name)
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ACKNOWL�DGi�4Ti�T AND ATrIDAViT
COMMONWEALTH OF PEi�1NSYL�VANIA :
; SS:
COUNTY Or CiTMBERLAND :
The Testatrix aud the witnesses `vhose names a��e signed and suhsc�7bed to the attached or
foregoiug instniment,being fust duly swoin and qualified accoz•diug to la�v,do hereby acknowledge,
depose and say to the undersigned authority, tbat the Testatz�ix signed and executed the instrument
as her Last Will in the presence of fhe witnesses; that she signed it wiLlingly or wiltiugly directed
another to sign it for her; that she executed it as her fi•ee and voluntary act for the puzposes tberein
expressed; that eacli of the witnesses were present and sa�v tl�e Testa#t7x sign and execute the
insh-ument as her Last Will;that each subscribing witness in the he�u�ing and sight of the Testatri;�
signed the�vill as �vimesses; and that to the best of thev knowledge the Testatrix�vas at that tttne
eighteen yeai:s of age or older, of sound mind and under no consh-aiut or undue influence.
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Testah'ix
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Sworn to or affiimed, subscribed to, and acknowledged, before me b}�tlle above-named
Tesiatrix a�id wituesses,this 28`'`day af Febiliuy,2002
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Not�y Public
� My Commission�xpi��es:
Notariaf Seat
Terl L.Wafker,Notary Public
Lemoyno Doro,Gumberl�nd C�unty
My Commisslon Expires Jan.20,20Q3
hlember,ponnsyivanln Aesociation ot Nofarles
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REGISTER OF WfLLS CERTIFICATE OF
CUMBERI.AND COUNTY _ GRANT OF LETTERS
PENNSYLVANlA
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No. 2013- 00275 PA No. 2 9- �3- 0275
Es ta te Of: GRACE B fEDYK
(Frisl,Mrddle,Las(1
La te Of: CUMBERLAND COUNTY�P
Deceased
Social 5ecurity No: 061-14-6662
WHEREAS, on the 7th day ot March 20I3 an instrument dated
Fehruary 28th 2002 was admitted to prabate as the Zast wi11 of
GRACE B FEDYK
(fi�st,Middle,Castl
la�e of LOWER ALLEN 7'OWNSH/P, CUMBERL.AND County,
who died on the 3rd day of Febrttary 2013 and,
WHEREAS, a true copy of the will as probated is annexed hereto.
THEREFORE, T, GLENDA FARNER STRASBAUGH , Register of Wi11s in and
to.r CUMBERLAND Coun ty, in the Commonweal th of Pennsyl vania, hereby
certify that I have this day granted Letters TESTAMENTARY to:
PAUL J FEDYK
who has duly qualified as EXECUTOR(R/X)
and has agreed to administer �he estate according to 1aw, alI of which
fu1�y appears of record in my office at CUMBERLAND COUN7Y COURT HOUSE,
CARLISLE, PENNSYL VANIA.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seal
of my office on the 7th day of March 20�3. �
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**NOTE** ALL NAMES ABOVE APPEAR (FIRST, MIDDLE, LAST)
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COMMONWEALTH OF PENNSYI.VANIA SHORT CERTIFICATE
COUNTY OF CUMBERLAND _
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I, GLENDA FARNER STRASBAUGN
Register for the Probate of Wi11s and Granting
Letters of Administration in and for
CUMBERLAND Caur�ty, do hereby certify that on
the 7th day of March, Two Thousand and Thirteen
Letters TESTAMENTARY
in common form were granted by the Register of
said County, on the
es ta te of GRACE B FEDYK , la te of LOWER ALLEN TOWNSH/P
(Fi�sb hfiddle,LasU
ir� said county, deceased, to PAUL J FEDYK _
(Frrsl,Middle,LasU
and that same has not since been revoked.
IN TESTIMONY WHEREOF, I have hereunto set n�y hand and affixed the
seal of said office at CARLISLE, PENI�TSYLVANIA, this 7th day of March
Two Thousand and Thirteen.
File No. 20�3- 00275
PA File No. 2�- 93- 0275
Da te of Dea th 2/03/20�3
S. S. # 0&9-�4-6662 ` � �
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�VOZ' VALID WZTHOUT ORIGI�TAL 5IGNATURE AND .IMPt2ESSED �SEAL
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CERTIFICATIO�I OF 1�'OTZCE U�tDER Pa, O.C. Rule 5,6(a)
REG[STER OF W1LL5
',.1�-C�1��,��COUNTY, PEN`ISYI.VANIA
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Name of Decedent: ���--� � �� _
Date of Death:_ ,��3�I�- File Number:=��3� ��� J
Date Letters Granted:���`7 S ��
To the Regiscer:
I certify that Notice of Estate Administration required by Pa. O.C.Rule 5.6(a)of the Orphans' Court
Rules was served on or mailed to ihe foilowing beneficiaries of�he above•captioned estate on
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me: Address:
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(IJmore space rs needed,al(ach separale sheet.) •
Notice has now been given to all persons entided thereto under Pa.Q.C.Rute 5.6(a)except: -
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Sigraturt ojPrrson F�rng thil Fam
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THE
FEDYK FAMILY
TRUST
THIS TRUST AGREEMENT is executed in triplicate on this 28`h day of February,
2002, by and between GRACE B. FEDYK, now of 18 Laurel Drive, M-echanicsburg,
Cumberland County, Pennsylvania, 17055 (hereinafter called "Settlor") and GRACE B. FEDYK,
now of 18 Laurel Drive, Mechanicsburg, Cumberland County, Pennsyl��ania, 17055 (hereinafter
called"Trustee").
ARTICLE I. TRUST ESTAT�
1.01. Initial Principal. Settlor, desiring to establish an irrevocable trust, does hereby
irrevocably transfer, assign and deliver to the Trustee and its successors, and assigns the assets
listed on Schedule A, attached hereto and made a part hereof. As further evidence of such
assignment,the Settlar has executed or will execute or cause to be executed such other
instruments as may be required for the purposes of completing the assignment or transfer of title
to such property to the Trustee. The Trustee accepts such transfer and assignment to itself as
Trustee, and undertakes to hold, manage, invest and reinvest the assets of this Trust, and to
distribute the income and principal of the.Trust in accordance with the provisions of this
Ab eement.
1.02. Additional Principal. The Settlar and any other person or persons, with the
consent of the Trustee, shall have the right at any time to make additions to the corpus of this
Trust or any share thereof hereby established. All such additions shall be held, governed, and
distributed by the Trustee in accordance with the terms and conditions of this Agreement. The
Trustee, in its sole discretion, may require, as a prerequisite to acceptinr7 properly, that the
transferring party provide evidence satisfactory to the Trustee that (i) the properiy is not
contaminated by any hazardous ar toxic materials or substances; and (ii) the properiy is not being
used and has never been used for any activities directly or indirectly involving the generation, use,
treatment, storage, disposal, release or discharge of any hazardous or toxic materials or
substances.
1.03. Disclaimer. The Trustee sha11 have the_right to disclaim_, in whole or in part, prior
to its acceptance by the Trustee, any interests in property for any reason, including but not limited
to a concern that such properiy could cause potential liability under any federal, state, or local
environmentallaw.
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ARTICLE II. IRREVOCABILITY OF �T'RUST
2.01. Irrevocabilitv. Settlor has been advised of the consequences of an irrevocable
trust and hereby declares that this Trust shall be irrevocable and shall not be altered, amended,
revoked, or terminated by Settlor or any other person or persons.
ARTICLE III. LIFE INSURANCE POLICIES
3.01. General Provisions. If any insurance policies are transferred into this Trust, the
Trustee shall be vested with all right, title, and interest in and to the tYansferred policies of
insurance, and is authorized and empowered to exercise and enjoy, for the purposes of the Trust
herein created and as absolute owner of such policies of insurance, all the options, benefits, rights
and privileges under such policies, including the right to borrow upon v�d to pledge them for a
loan or loans. The Trustee takes all rights,title, and interest in and to the above stated insurance
policies subject to any prior split-dollar life insurance ab eement and as5ignments, which may be in
effect at the time of transfer. The insurance companies which have issued policies are hereby
authorized and directed to recognize the Trustee as absolute owner of such policies of insurance
and as fully entitled to all options, rights, privileges, and interests under such policies, and any
receipts, releases, and other instruments executed by the Trustee in connection with such policies
shall be binding upon all persons interested in this Trust. The Settlor hereby relinquishes all
rights, title, interest and powers in such policies of insurance whicl� Settlor may own and which
rights, title, interest and powers are not assignable, and will, at the request of the Trustee, execute
all other instruments reasonably required to effectuate this relinquishment.
3.02. Payment of Premiums. The Trustee shall be under no obligation to pay the
premiums which may become due and payable under the provisions of any policy of insurance
which may be transferred or assigned to this Trust, or to make certain that such premiums are
paid by the transferor of such policy, or to notify any persons of the nonpayment of such
premiums, and the Trustee shall be under no responsibility or liability of any kuld in case such
premiums are not paid, except the Trustee shall apply any dividends received on such policies to
the payment of premiums thereon. Upon notice at any time during the continuance of this Trust
that the premiums due upon such policies are in default, or that premiums which will become due
will not be paid, either by the transferor or by any other person, the Trustee, within its sole
discretion, may apply any cash values aitributable to such policy to the purchase of paid-up
insurance or of extended insurance, or may borrow upon such policy foT-the payment of premiums
due thereon, or may accept the cash values of such policy upon the policy's forfeiture. In the
event that the Trustee receives the cash value of such policy upon its for�feiture for nonpayment of
premiusns, the amount received shall be added to the corpus of this Trust, and shall be
administered according to the terms of this Ab eement. If the insured under such policies of
insurance,becomes totally and permanently disabled within the ineaning of any policies and
because thereof the payment of premiums, or any of them, shall during zhe pendency of such
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disability, be waived, the Trustee, upon receipt of such l:nowledge, shal l promptly notify the
insurance company which has issued such policies, and shall take any and al1 steps necessary to
make such waiver of premium provision effective.
3.03. Duties of Trustee With R�ard to Life Insurance Policies. The Trustee sha11 be
under no obligation or duty whatever except with respect to the safekeeping of such policies of
insurance and the duty to receive such sums as may be paid to them, in accordance with the
requirements of this Trust, by the companies issuing such policies, and to hold,manage and
disburse such proceeds subject to the terms of this Agreement. Upon the death of the insured, the
Trustee shall make reasonable efforts to carry out the provisions of this Agreement, including the
maintenance or defense of any suit,provided, however, the Trustee shall be under no duty to
maintain or enter into any litigation unless its expenses, including counsel fees and costs, have
been advanced or guaranteed in an amount and in a manner reasonably satisfactory to the Trustee.
The Trustee may repay any advances made by it or reimburse itself for any such fees and costs
from any corpus or income of this Trust.
ARTICLE IV. TRUST DISTRISUTIONS
4.01. Trust Principal. The entire corpus of this Trust, including the assets initially
transferred to this Trust, subsequent additions to this Trust, and the proceeds,of any sale,
exchange or investment of such Trust assets, shall be used for the purposes herein contained.
4.02. Income Distribution. During the Settlor's lifetime; the Trustee shall distribute all
of the net income of the trust to, or for the benefit of the Settlor, GI2AC'E B. FEDYK The
Trustee shall make no distributions of principal to GRACE B. FEDYK. If and in the event that
GRACE B. FEDYK is admitted to a long term care facility for a period of time in excess of
thirty(30) days, then the Trustee shall accumulate the income to the Trust and the Trust income
shall be added to the Trust principal. If and in the event that GRACE B. FEDYK is subsequently
discharged from a long term care facility for a period of time in e�cess of thirty(30) days, then the
Trustee shall resume the distribution of income to GRACE B. FEDYI�:.
4.03. Principal Distributions. Upon the death of the Sei:tlor, GRACE B. FEI)YK, the
Trust shall terminate. Upon termination of the Trust, the remaining Tnist estate sha11 be
distributed, in equal shares, to the sons of the Settlor, such individuals being JAMES P. FEDYK
and PAUL J. FEDYK. If either JAMES P. FEDYK or PAUL J. FEllYK predeceases the
termination of this Trust,then the Trustee shall divide the predeceased individual's share into two
equal subsequent shares, with one such share being distributed to the predeceased individual's
wife and the other share being distributed to the Settlor's grandchildren; NLICI3AEL P. FEDYI�
and SHANNON M. FEDYK.
4.04. General Power of Appointment. Settlor's sons, JAMI��S P. FEDYK and PAUL
J. FEDYK, are each hereby b anted the general power to appoint some or all of the principal of
�
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this Trust to themselves, in such proportions and upon such terms (in tn�st, outright gifts, or in
any other manner) as either deems advisable. This power shall not be e<cercisable under their
Wills and may only be exercised by written request to the Trustee. The Trustee shall provide
notice of the proposed exercise to the Settlor who shall have the right to veto any proposed
� exercise for a period of fifteen(15) days from the date of receipt of notice. If the Settlor affirms
the exercise or fails to veto the proposed exercise within fifteen (15) days, then the proposed
exercise shall be permitted.
ARTICLE V. POWERS OF TRUSTEE
5.01. General Powers. In addition to such other powers and c.uties as may have been
granted elsewhere in this Trust, but subject to any limitations contained elsewhere in this Trust,
the Trustee shall have the following powers and duties:
A. In the management, care and disposition of this Trust, tlle T'rustee shall have the
power to do all things and to execute such deeds, instruments, and other documents as may be
deemed necessary and proper, including the following powers, a11 of which may be e�ercised
without order of or report to any court:
(1) To sell, exchange, or otherwise dispose of any property, real, personal
or rnixed, wheresoever located, at any time held or acquired hereunder, at public
or private sale, for cash or on terms as may be determined by the Trustee, without
advertisement, including the right to lease for any term notwithstanding the period
of the Trust, and to grant options, including an option for a period beyond the
duration of the Trust.
(2) To invest and reinvest all or any part of the Trust Estate in any
common or preferred stocks, shares of investment trusts and investment
companies, bonds, debentures, mortgages, deeds of trust,mortgage participations,
notes, real estate, or other property the Trustee, in the Trustee's discretion, selects.
(3) To retain for investment any property deposited witri the Trustee
hereunder.
(4) To vote in person ar by proxy any corporate stock or� other security
and to ab ee to or take any other action in regard to any reorgai�iration, merger,
consolidation, liquidation, bailknlptcy or other procedure or proceedings affecting
any stock, bond, note or other security held by this Trust.
(S) To use lawyers, real estate brokers, accounta.nts and any other agents,
if such employment is deemed necessary or desirable, and to pay reasonable
compensation far their services.
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(6) To compromise, settle or adjust any claim or dEmand. by or against the
Trust and to agree to any rescission or modification of any contnct or ab eement
affecting the Trust.
(7) To renew any indebtedness, as well as to borrow money, and to secure
the same by mortgaging, pledging or conveying any property of the Trust,
including the power to borrow from the Trustee (in the Trustee's individual
capacity) at a reasonable rate of interest.
(8) To retain any business interest transferred to the trustee, as
shareholder, security holder, creditor,partner or otherwise, for any period of time
whatsoever, even though the interest may constitute all or a large portion of the
trust principal; to comply with the provisions of any agreement restricting transfer
of the interest; to participate in the conduct of the related business or rely upon
others to do so, and to take or delegate to others discretionary power to take any
action with respect to its management and affairs which an individual could take as
outright owner of the business or the business interest, including the voting of
stock(by separate trust or otherwise regardless of whether that separate trust will
extend for a term within or beyond the term of the trust) and the determination of
all questions of policy; to execute and amend partnership a�n-eernents; to
participate in any incorporation, reorganization, merger, consolidation, sale of
assets, recapitalization, liquidation or dissolution of the business, or any change in
its nature, or in any buy-sell, stock restriction, or stock redcmption agreements; to
invest in additional stock or securities of, or make secured, unsecured, or
subordinated loans to, the business with trust funds; to take all appropriate actions
to prevent, identify, or respond to actual or threatened violations of any
environmental law or regulation thereunder; to elect or employ ��ith compensation,
as directors, officers, employees, or agents of the business, any persons, including
a trustee of any trust held under this instru.ment, or any director, officer, employee,
or agent of a corporate trustee of any trust held under this instniment, without
adversely affecting the compensation to which that trustee would otherwise be
entitled; to rely upon reports of certified public accountants as to the operations
and financial condition of the business, without independent in�restigation; to deal
with and act for the business in any capaciry (including in the case of a corporate
trustee any banking or trust capacity and the loaning of money out of the trustee's
own funds) and to be compensated therefor; and to sell or liquidate the business or
any interest in the business.
(9) To register any stock, bond or other securiry in the name of a nominee,
without the addition of words indicating that such securit�� is hel.d in a fiduciary
capacity,but accurate records shall be maintained showin�that the stock, bond or
other security is a trust asset and the Trustee shall be responsible far the acts of the
5
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nominee.
(10) To set aside as a separate trust, to be held and admiriistered upon the
same terms as those governing the remaining trust properly, any interests in
property, for any reason, including but not limited to a concern t]zat such property
could cause potential liability under any federal, state, or local environmental law.
B. Whenever the Trustee is directed to distribute any trust principal in fee simple to a
person who is then under twenty-one (21) years of age, the Trustee shall be authorized to hold
such property in trust for such person until he becomes twenty-one (21) years of age, and in the
meantime shall use such part of the income and the principal of the trust as the Trustee may deem
necessary to provide far the proper support and education of such person in the standard of living
to which he has become accustomed. If such person should die before 1.>ecoming twenry-one (21)
years of age, the property then remaining in trust shall be distributed to the personal
representative of such person's estate.
C. In making distributions from the Trust to or for the beneiit of any minor or other
person under a legal disability, the Trustee need not require the appointcnent of a guardian, but
shall be authorized to pay or deliver the distribution to the custodian of such person, to pay or
deliver the distribution to such person without the intervention of a guardian, to pay or deliver the
distribution to the legal guardian of such person if a guardian has alreaciy been appointed, or to
use the distribution for the benefit of such person.
D. In the distribution of the Trust and any division into separate trusts and.shares, the
Trustee shall be authorized to make the distribution and division in moriey or in kind or in both,
regardless of the basis for income taY purposes of any property distributed or divided in kind, and
the distribution and division made and the values established by th.e Trustee shall be binding and
conclusive on all persons taking hereunder. The Trustee may in making such distribution or
division allot undivided interests in the same properiy to several trusts or shares.
E. If at any time after Settlor's death the total fair market value of the assets of any trust
established or to be established hereunder is so small that the corporate Trustee's annual fee for
administering the trust would be equal to or less that the minimum an�lual fee set forth in the
Trustee's regularly published fee schedule, then the Trustee in its discretion shall be authorized to
terminate such trust or to decide not to establish such trust, and in such event the property then
held in or to be distributed to such trust shall be distributed to the persons who are then or would
be entitled to the income of such trust. If the amount of income to be received by such persons is
to be determined in the discretion of the Trustee, then the Trustee shall distribute the property
among such of the persons to whom the Trustee is authorized to distribute income, and in such
proportions, as the Trustee in its discretion shall determine.
F. The Trustee shall be authorized to lend or borrow, including the right to lend to or
6
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borrow from the Settlor's estate, at an adequate rate of interest and witlz adequate security and
upon such terms and conditions as the Trustee shall deem fair and equitable.
G. The Trustee shall be authorized to sell or purchase, at the fair market value as
determined by the Trustee, any property to or from Settlor's estate, the estate of Settlor's spouse,
or any trust created by Settlor or Settlor's spouse during life or by�vill, even though the same
person or corporation may be acting as executor of Settlor's estate or the estate of Settlor's
spouse or as trustee of any other such trusts and as the Trustee of t}us Tr.ust.
H. The Trustee shall have discretion to detern�ine whether items should be charged or
credited to income or principal or allocated between income and principal as the Trustee may
deem equitable and fair under all the circumstances, including the power to amortize or fail to
amortize any part or all of any premium or discount, to treat any part or all of the profit resulting
from the maturity or sale of any asset, whether purchased at a premium or at a discount, as
income or principal or apportion the same between income and principal, to apportion the sales
price of any asset between income and principal, to treat any dividend or other distribution on any
investment as income or principal or to apportion the same between income or principal,to
charge any expense against income ar principal or apportion the same, �ind to provide or fail to
provide a reasonable reserve against depreciation ar obsolescence on ary asset subject to
depreciation or obsolescence, all as the Trustee may reasonably deem equitable and just under all
of the circumstances.
5.02. Votin�y Trustee. When the authority and power under this Trust is vested in
two (2) or more Trustees or Co-Trustees, the authority and powers are to be jointly by the
Trustees or Co-Trustees. A majority of the Trustees or Co-Trustees may exercise any authority
or power granted under this Trust Agreement or granted by law, and may act on behalf of the
Trust. Any attempt by one such Trustee to act for the Trust on other than ministerial acts shall be
void. The action of one such Trustee on behalf of the Trust may be (but need not be) validated by
a subsequent ratification of the act by a majority of the Trustees or Co-`I�rustees.
5.03 Trustees Power to Deal with Environmental Hazards. The Trustee shall have
the power to use and expend the trust income and principal to (i) condu.ct environmental
assessments, audits, and site monitoring to determine compliance with any environmental law or
regulation thereunder; (ii) take all appropriate remedial action to contain, clean up or remove any
environmental hazard including a spill, release, discharge or contaLnination, either on its own
accord or in response to an actual or threatened violation of any envirolimental law or regulation
thereunder; (iii) institute legal proceedings concerning environmental hazards or contest or settle
legal proceedings brought by any local, state, ar federal agency concemed with environmental
compliance, or by a private litigant; (iv) comply with any local, sta.te or federal agency order or
court order directing an assessment, abatement or cleanup of any environmental hazards; and (v)
employ agents, consultants and legal counsel to assist or perform the above undertakings or
actions. Any expenses incurred by the trustee under this paragraph may be charged against
7
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income or principal as the trustee shall determine.
ARTICLE VI. SPENDTHRIFT PROVISI�N
6.01. General Provision. No beneficiary sha11 have the power to anticipate, encumber
or transfer his interest in the Trust Estate in any manner other than by-the valid exercise of a
Power of Appointment. No part of the Trust Estate sha11 be liable for or charged with any debts,
contracts, liabilities or torts of a beneficiary or subject to seizure or other process by any creditor
of a beneficiary.
ARTICLE VII. CONSTRUCTION O�' TRUST
7.01. Choice of Law. This Trust sha11 be administered and interpreted in accordance
with the laws of the Commonwealth of Pennsylvania.
7.02. Code. Unless otherwise stated, all references in this Trust to section and chapter
numbers are to those of the Internal Revenue Code of 1986, as amended, or corresponding
provisions of any subsequent federal t� laws applicable to this Trust.
7.03. Other Terms. Unless the context otherwise requires,the use of one or more
genders in the text includes all other genders, and the use of either the sinb lar or the plural in the
text includes both the singular and the plural.
7.04. Captions. The captions set forth in this Agreement at the beginning of the various
divisions hereof are for convenience of reference only and shall not be deemed to define or limit
the provisions hereof or to affect in any way their construction and appli.cation.
7.05. Situs of Trust. The Trust shall have its legal situs in Cumberland County,
Pennsylvania.
ARTICLE VIII.
COMPENSATION OF TRUSTEE AND
APPOINTMENT OF SUCCESSOR TRUSTFE
8.01. Com�ensation. The Trustee shall receive as its compensation for the services
performed hereunder that sum of money, based on an hourly char�e or percentage rate,wluch the
Trustee normally and customarily charges for perfonning similar services during the time which it
performs these services.
�.02. Removal of Trustee. Settlor may remove the Trustee, at any time or times, with
or without cause, upon thirty(30) days written notice given to the current Trustee. Upon the
death of the Settlor, a majority of the current beneficiaries may remove the Trustee, at any time or
8
i n �i■ i
times, �n�ith or without cause, upon thirty (30) days written notice given to the Trustee. Upon the
removal of the Trustee, a successor Trustee shall be appointed in accord<�nce with the terms set
forth in Paragraph 8.03.
8.03. Appointment of Successor Trustee. The Trustee riay resign at arly time upon
thirty (30) days written notice given to the Settlor if Settlor is livin�, or in the event of Settlor's
death, upon thirty (30) days written notice given to the current beneficiary or beneficiaries
(includin� a beneficiary's natural or legal guardian or legal representative), hereunder. Upon the
death,resignation, removal or incapacity of the Trustee, a successor trustee may be appointed by
the Settlar during Settlor's lifetime, or, after Settlor's death, by a majority of the current income
beneficiaries. Unless otherwise appointed during the lifetime of the Settlor, the first successor
trustee shall be PAUL J. FEDYK. The second successor trustee shall be JAMES P. FEDYK.
Any successor trustee thus appointed, or, if the Trustee shall merge with or be consolidated with
another corporate fiduciary, then such corporate fiduciary, shall succeed to aIl the duties and to all
the powers, including discretionary powers,herein granted to the Trustee.
8.04. Exoneration of Trustee. No Trustee shall be liable for any loss or depreciation in
value sustained by the Trust as a result of the Trustee retaining any properly upon which there is
later discovered to by hazardous materials or substances requiring 7-em.edial action pursuant to any
federal, state, or local environmental law, unless the Trustee contributed to the loss or
depreciation in value through willful default, willful misconduct, or gross negligence.
8.05. Indemnification of Trustee Upon Distribution. Notwithstanding any contrary
provision in this Trust Agreement,the Trustee may withhold a dishibuti.on to a beneficiary until
receiving from the beneficiary an indemnification an agreement in which the beneficiary agrees to
indemnify the Trustee against any claims filed against the Trustee as an "owner" or "operator"
under the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as
from time to time amended, or any regulation thereunder.
ARTICLE IX. PERPETUITIES CLAUS�:
9.OL General Provision. Notwithstanding anything to tlie contrary in this Trust, each
disposition I have made here, legal or equitable, to the extent it cari be l�eferred in its
postponement of becoming a vested interest to a duration measured by some life or lives in being
at the time of my death is definitely to vest in interest, although not necessarily in possession, not
later that twenty-one (21) years after such lives (and any period of gestation involved); or, to the
e�tent it cannot be referred in any such postponement to such lives, is to so vest not later than
twenty-one (21) years from the time of my death.
ARTICLE X.
ACQUISITION OF UNITED STATES TREASURY BONDS
ELIGIBLE FOR TAX PAYMENT; PAYIVIENT OF TA�ES, FUNERAL
9
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EXPENSES, AND EXPENSES OF ADMINISTR�TIOliT
10.01. Acquisition of Bonds. The Trustee may, at any time, without the prior approval
or direction of the Settlor and whether or not the Settlor is able to mana�e Settlor's own affairs,
acquire United States Treasury Bonds selling at a discount, which bonds are redeemable at their
par value plus accrued interest thereon for the purposes of applying the proceeds to the payment
of the United States estate tax on the Settlor's estate; and the Trustee may borrow from any
lender, including itself, with or without security, to so acquire these bonds.
10.02. Pavment of United States Estate Tax bv Bond Rederuption. The Settlor
directs that any United States Treasury Bonds which may be redeemed at their par value plus
accrued interest thereon for the purpose of applying the proceeds to the payment of the United
States estate taY imposed on the Settlor's estate, and which are held by the Trustee, shall,to the
extent of the amount determined to be required for payment of the estate,tax, be distributed to the
legal representative of the Settlor's estate to be used by the legal representative ahead of any other
assets and to the fullest extent possible to pay the estate tax.
10.03. PaYment of Death Taxes and Other Estate Settlement Costs. After the Trustee
has complied with paragraph 10.02, above, and ascertained from the legal representative that all
such bonds have been redeemed in payment of the United States estate tax, the Trustee shall also
ascertain from the legal representative whether the legal representative }Zas sufficient assets to pay
the remaining legacy, succession, inheritance, transfer, estate and other death taxes or duties
(except the additional estate tax imposed by Section 2032(c), or corresponding provisions of the
Internal Revenue Code of 1986 applicable to the Settlor's estate and in�posing the tax) levied or
assessed against the Settlor`s estate(including all interest and penalties thereon), all of which
taxes, interest and penalties are hereafter referred to as the death tzxes, interest and penalties. If
the legal representative advises the Trustee that insufficient funds exist to pay all the death taxes,
interest and penalties, the Trustee shall then pay to the legal representative from the trust
properry, an amount equal to all the death taxes, interest and penalties in excess of the funds
available to the legal representative for this purposes, which payments <�re to be made without
apportionment. In maktng the payments, the Trustee shall use only those assets or their proceeds
which are includable in the Settlor's gross estate for purposes of the United States estate tax and
shall not impair the marital portion without first exhausting the entire non-marital portion.
If the Executor of the Settlor's estate, in such Executor's sole di>cretion, shall determine
that appropriate assets of Settlor's estate are not available in sufficient��mount to pay (1) the
Settlor's funeral expenses, and(2) expenses of administering the Settlor's estate, the Trustee shall,
upon the request of the Executor of the Settlor's estate, contribute fzom the principal of the trust
estate the amount of such deficiency; and in connection with any such action the Trustee shall rely
upon the written statement of the Executor of the Settlor's estate as to the validity and correctness
of the amounts of any such expenses, and shall furnish funds to such Executor so as to enable
such Executor to discharge the same, or to discharge any part of all thereof itself by making
10
i u �r■ �
payment directly to the person entitled ar claiming to be entitled to receive payment thereof. No
consideration need be required by the Trustee from the Executor of Sett.lor's estate for any
disbursement made by the Trustee pursuant hereto, nor shall there be arry obligation upon such
Executor to repay to the Trustee any of the funds disbursed by it hereunder, and all amounts
disbursed by the Trustee pursuant to the authority hereby conferred upon it sha11 be disbursed
without any right in or duty upon the Trustee to seek or obtain contribui=ion or reimbursement
from any person or property on account of such payment. The Trustee shall not be responsible
for the application of any funds delivered by it to the Executor of the Settlor's estate pursuant to
the authority herein b anted,nor shall the Trustee be subject to liability to any beneficiary
hereunder on account of any payment made by it pursuant to the provisions hereof.
IN WITNESS WHEREOF, the Settlor and Trustee have heret�nto set their hands and
seals as of the day and year first above written.
WITNESS:
; ✓� � /
'%���/ � ��'. .ti �/� (SEAL)
' GRACE B. FED�' ,�ETTLOR
� � �
�� ,� /�
r
CO ONWEALTH OF PENNSYLVANIA .
. SS:
COUNTY OF CUMBERLAND •
On this,the�day of February, 2002,before me, a Notary Public,the undersib ed
officer, personally appeared GRA.CE B. FEDYK, known to me (or satisfactorily proven)to be
the person whose name is subscribed to the within Trust Agreement, and acknowledged that he
executed the same for the purposes therein contained.
IN WITNESS WHEREOF, I have set my hand and official SEaI.
/;
,�
: ,
Notary Public
My (��mmission F?x}�ires:
Notaria! Seal
Teri L.Waiker, Notary Public
Lemoyne Boro,Curnberland County .
My Commissfon Expires Jan.20,2003
Member,Pennsylvania Association ot Notaries
11
i u �i■ �
The foregoing Trust Agreement was delivered, and is hereby accepted, at Mechanicsburg,
Pennsylvania, on February 28, 2002.
WITNESS:
� i ,� i
�i�-z'`-- ' � '_ z� (SEAL)
GRACE B. I'ED'i K, T STEE
r `
: ' � �l %U�1�
� '✓
12
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SCHEDULE "A"
SCHEDULE
R�FERRED TO IN THE ANNEXI:D
TRUST AGREEMENT
DATED: FEBRUA�2Y 28, 2002
FROM GRACE B. FEDYK, SET'I'LOR
TO GRACE B. FEDYK, TRUSTE�
------------------------------------------------------------------------------------------------------------------
PROPERTY DESCRIPTION:
ALL THAT CERTAIN lot of ground situate in the Township of Upper Allen, County of
Cumberland and State of Pennsylvania,bounded and described as follows, to wit:
BEGINNING at a point in the Northern line of Laurel Drive (50 feet v�ide)) which said point is in
the division line between Lots Nos. 118 and 119 on the hereinafter men.tioned Plan,of Lots;
thence along the Northern line of Laurel Drive,North 71 degrees U 1 miriutes 10 seconds East,
eighty-eight(88) feet to a point in the line of land now or formerly of Kussell S. Eberly and Helen
G. Eberly, his wife; thence along the line of said land now or formerly of Russell S. Eberly and
Helen G. Eberly, his wife,North 18 degrees 58 minutes 50 seconds WeSt, one hundred thirly-five
(135) feet to a point; thence along the line of lands now or formerly of the same, South 71
degrees O1 minutes 10 seconds West, eighty-eight (88) feet to a point irl the division line between
Lots Nos. 118 and 119 , on said Plan, aforesaid; thence along the division line between Lots Nos.
118 and 119, South 18 degrees 58 minutes 50 seconds East, one hundrE:d thirty-five (135) feet to
a point in the Northern line of Laurel Drive, aforesaid at the point and place of BEGINNING.
BEING Lot No. 119, Section 2, in the Plan of Lots known as Spring Run Acres, which said Plan
is recorded in the Cumberland County Recorder's Office in Plan Book 18, at Page 5.
13
i n ■.i.■ � . .
UNANIMOUS CONSENT TO
APPOINTMENT OF SUCCESSOR TRUSTEE
Pursuant to paragraph 8.3 A���ointment of Successor_Truste�, as set forth in the
Fedyk Family Trust dated February 28, 2002, the following beneficiaries give their
�
unanimous consent to the appoinhnent of Paul R. Fedyk a,first successor trustee.
Fr-
, � a
�
Dated: , .�- 1� �u'` '�'��`
-��� YK
PAUL�`FED
P
Dated: y �� �`f � -
L DA SUSAN FEDYK
Dated: � � � ��'`"�`��-,"`���`—
MICHAEL P. FEDYK
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Dated: (.����;�`��� �l'L, � ��.���- � ''' �, ������.�
�Jl.(��,.�:�� `'vi,' � r,
' ' SHANNON M. FE;DYK
� $ 3�
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. ' .`�:���������� �°'���������� .���,������
�S ��-larket Pfaza \�Vay : � (7l7) C,97-=3696
Vicchanic�btu-�, F'E\ l7i)ti� ���«�w.��tal�ezziFuneralHome.cum
Jf�re��iy.L Shaartzer, FD �lichacl,1. �i��ipezzi,Owner, i�D Kyle C. Knipe, !�1)
February 18, 2013 ��
Paul Fedyk � 3
t 155 Greenwood Drive ����. `
1-Iummelsto�vn, PA (7036 c o Z
This is the tinal statement for the funeral services of Grace B. Fedyk
We sincerely appreciate the confidence you have placed in us and tivill cantinue to assist you in every �vay.
PROFESS[ONAL SERV[CES:
Services of Funeral Director%Staff $5,<175.00
FUNERAL HOi�[E SERV[CE CHARGES $5,47�.00
SELECTED 1tERCHAND[SG:
20 Gauge Steel Casket $1,69�.00
Guardian Burial Vault $1,1�0.00
Hummingbird Register Package �9����
THE COST OF OUR SERV[CES, EQU[PM1IENT,AND MF,RCHAND[SE
THAT YOU HAVE SELECTED �g,���•��
CASH ADVANCES:
At the time fiinernl arrangements were�nade, rve advanced certaan pci��nents to others us an accofr:odc�tion.
The fo[lowing is an accoa�nting of those charges.
Opening Grave �1,060.00
Cemetery Equipment �190.00
Certified Death Certificates $60.00
Newspaper Notices-Patriot �,212•'�
Clergy/Mass Offering �125.00
Or�anist $1?5.00
SoloistlCantor $75.00
Deacon �50.00
Flowers ���y ��
Altar Servers �1����
TOTAL CASH:�DVANCGS AND SPECIAL CHARGES S2,1b7.07
CONTRaCT PR[CE 510,�82A7
HtSTORY:
02/04I2013 Discount Pre-Need Guarantce 52,381.61
OZ/18/2013 Payment Sagicor►nsurancc Company �6_849.36
TOT:�L,��IOU`1T Dt;E �t,3�1.10
[f you have any questions o�-conceri�s re�ardin� t(��is bill, ptease ca.il �ur office at(7171 b9?-�4h�h_
. .. . i .u �i.■ � . . .
MFC Historical Prices � Manulife Financial Corporation Stock- Yahoo! Finance Page 1 of 1
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