HomeMy WebLinkAbout08-21-15 � �� penn�ylvania 15 0 5 618 4 U 3
DEPARTMENT OF REVEN
�X(03-14) � - -
REV-1500 OFFICIAL USE ONLY
Bureau of Individual Taxes Counry Code Year File Number
PO BOX 280601 INHERITANCE TAX RETURN
Harrisburq, PA 17128-0601 RESIDENT DECEDENT 21 14 0 713
ENTER DECEDENT INFORMATION BELOW
Social Security Number Date of Death MMDDYVYY Date of Birth MMDDYYYY
05 24 2014 11 10 1927
DecedenYs Last Name Suffix DecedenYs First Name MI
PEIRCE BARBARA W
(If Applicable)Enter Surviving Spouse's Information Below
Spouse's Last Name Suffix Spouse's First Name M�
THIS RETURN MUST BE FILED IN DUPLICATE WITH THE
REGISTER OF WILLS
FILL IN APPROPRIATE OVALS BELOW
� 1. Original Return � 2. Supplemental Return � 3. Remainder Return(date of death
priorto 12-13-82)
� 4. Agricultural Exemption(date of � 5. Future Interest Compromise(date of � 6. Federal Estate Tax Return Required
death on or after 7-1-2012) death after 12-12-82)
� 7. Decedent Died Testate � S. Decedent Maintained a Living Trust 9. Total Number of Safe Deposit Boxes
(Attach copy of will) (Attach copy of trust.)
� 10. Litigation Proceeds Received � 11. Non-Probate Transferee Return � 12. Deferral/Election of Spousal Trusts
(Schedule F and G Assets Only)
� 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
WILLIAM B ANSTINE JR (717 ) 846 8811
First Line of Address
117 EAST MARKET STREET
Second Line of Address
City or Post Office State ZIP Code
YORK PA 17401
Correspondent's email address:
REGISTE�OF WILLS US�NLY �
u-� '� ITl
REGISTER OF WILLS USE ONLY � p S"r� n
DATE FILED MMDDYYYY „� � � �� �
�;-� _ _ �.., G� ; �'�:t
_ . � �;,`3
' �_ N t"-t
__. ►—'� _7
. .. �..:�. . . _ ..,, c...:ti
DATE FILED STA � �'
_ <:.�
rV .-- r�rl
_.: r—
' . f�''� fJ� U
�� `"�"1
Side 1
I I�II�I II�II�IIII��I' �III��II� I�II IIIII�I�II���� III �'I
� 1505618403 1505618403 �
� 1505618411
REV-1500 EX
DecedenYs Social Security Number
DecedenYs Name: Pei�Ce, Barbara Wyllene
RECAPITULATION
1. Real Estate(Schedule A)....................................................................................... 1. 16 9 ,5 0 0 • 0 0
2. Stocks and Bonds(Schedule B)............................................................................. 2.
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. 10,8 0 3 - 9 6
6. Jointly Owned Property(Schedule F) ❑ Separate Billing Requested............ 6.
7. Inter-Vivos Transfers&Miscellaneous Non-Probate Property
(Schedule G) ❑ Separate Billing Requested............ 7.
8. Total Gross Assets(total Lines 1 through 7)........................................................ 8. 18 0 ,3 0 3 • 9 6
9. Funeral Expenses and Administrative Costs(Schedule H).................................... 9. 6 5 ,14 2 • 11
10. Debts of Decedent,Mortgage Liabilities and Liens(Schedule I)............................ 10. 19 ,2 0 7 - 21
11. Total Deductions(total Lines 9 and 10)................................................................ 11. 8 4 ,3 4 9 - 3 2
12. Net Value of Estate(Line 8 minus Line 11).......................................................... 12. 9 5,9 5 4 • 6 4
13. Charitable and Governmental Bequests/Sec 9113 Trusts for which
an election to tax has not been made(Schedule J)............................................... 13. 1,0 0 0 - 0 0
14. Net Value Subject to Tax(Line 12 minus Line 13)............................................... 14. 9 4 ,9 5 4 • 6 4
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.00 15. 0 - 0 0
16. Amount of Line 14 taxable
at lineal rate X .Oa5 7 5 ,9 6 3 - 7 2 16. 3 ,418 • 3 7
17. Amount of Line 14 taxable
at sibling rate X.12 0 • 0 0 �7. 0 • 0 0
18. Amount of Line 14 taxable
at collateral rate X.15 18 ,9 9 0 - 9 2 18� 2 ,8 4 8 • 6 4
19. TAX DUE................................................................................................................ 19. 6,2 6 7 • 01
20. FILL IN THE OVAL IF YOU ARE REQUESTING A REFUND OF AN OVERPAYMENT ❑X
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,correct and complete.Declaration of preparer other than the person responsible for filing the return is based on all information of which preparer has
any knowledge.
SIGNAT OF PERSON RESP NSIBLE R FILING RETURf� Denise J. Peirce DATE
t/ � Lx �'
ADDRESS
1001 Roberts Valley Road, Harrisburg, PA 17110
SIGJ'JATI�aRE O.n ;PREPAR�HE�'�l,iA�N REPRESENTATI�E WIII18111 B. Anstine Jr. �TE / �� /
�Jxx..�..,_ � 1�- sa�-,--� O L ��
ADDRESS
117 East Market Street,York, PA
� I I��I�I II��I�IIII��I� �II��II'I II��I I�III�I��I I��I I�I I�I Side 2
1505618411 1505618411 �
REV-1500 EX Page 3 File Number 21-14-0713
Decedent's Complete Address:
DECEDENT'S NAME
Peirce, Barbara Wyllene
STREET ADDRESS
1354 Sugar Maple Court
CITY STATE ZIP
New Cumberland PA 17070
Tax Payments and Credits:
1. Tax Due(Page 2, Line 19) (1) 6,267.01
2. Credits/Payments
A. Prior Payments 6,650.00
B. Discount 313.35
Total Credits(A +B) (2) 6,963.35
3. Interest (3)
4, If Line 2 is greater than Line 1 +Line 3,enter the difference. This is the OVERPAYMENT. (4) 696.34
Check box on Page 2,Line 20 to request a refund
5. If Line 1 +Line 3 is greater than Line 2,enter the difference. This is the TAX DUE. (5)
Make Check Pa able to: REGISTER OF WILLS, AGENT.
�✓ � �{�^�u �K*„^ ' _' �� ` " � �0���:.
�F�M,,,� A ,,,�,,:,: s'�,��r�,,,, a, ,F��'�,� ,.._ ^ /;,;.
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:.................................. ❑ 0
c. retain a reversionary interest;or................................................................ ..............................................
, x
d. receive the promise for life of either payments,benefits or care?............................................................ ❑ 0
2. if death occurred after Dec. 12, 1982, did decedent transfer property within one year of death without
receiving adequate consideration?.................................................................................................................... ❑ 0
3. Did decedent own an"in trust for" or payable upon death bank account or security at his or her death?....... ❑ [x]
4. Did decedent own an individual retirement account,annuity,or other non-probate property which
containsa 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.
�yppp� �r, i.. ,yk�°:•.r ,- ;2np. � �
t f.Y
Y�/� .. "-„�.. �,. .. �, , i�va�cwt*r�'§aM. . .,.>a�,,,� ..,.,, , ��c�a, i��_ . . ..... �,,Gwia,vmo�%/��.., ��'��
For dates of death on or after July 1,1994 and before Jan.1,1995,the tax rate imposed on the net value of transfers to or for the use of the surviving spouse
is 3 percent[72 P.S.§9116(a)(1.1)(i)].
For dates of death on or after January 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 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 decedenYs lineal beneficiaries is 4.5 percent,except as noted 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,
under Section 9102,as an individual who has at least one parent in common with the decedent,whether by blood or adoption.
Rev-1502 EX+(12-12)
SCHEDULE A
pennsylvania REAL ESTATE
DEPARTMENT OFREVENUE
INHERITANCE TAX RETURN
RESIDENT DECEDENT
ESTATE OF FILE NUMBER
Peirce, Barbara Wyllene 21-14-0713
All real property owned solely or as a tenant in common must be reported at fair market value.Fair market value is defined as the price at which property would be
exchangetl between a willing buyer and a willing seller,neither being compelled to buy or sell,both having reasonable knowledge of the relevant facts.
Real property that is jointly-owned with right of survivorship must be disclosed on schedule F.
Attach a copy of the settlement sheet if the property has been sold
Include a copy of the deed showing decedent's interest if owned as tenant in common.
ITEM VALUE AT DATE
NUMBER DESCRIPTION OF DEATH
1 Real Estate-ALL that certain tract of land with the improvements thereon erected,situate, 169,500.00
lying and being in Lower Allen Township,Cumberland County, Pennsylvania, known and
numbered as 1354 Sugar Maple Court, New Cumberland, PA
TOTAL(Also enter on Line 1, Recapitulation) 169,500.00
(If more space is needed,additional pages of the same size)
Copyright(c)2012 form software only The Lackner Group, Inc. Form PA-1500 Schedule A(Rev. 12-12)
Rev-1508 EX+�08-12)
SCHEDULE E
pennsylvania CASH, BANK DEPOSITS, & MISC.
DEPARTMENT OFREVENUE p E RS O NAL P RO P E RTY
INHERITANCE TAX RETURN
RESIDENT DECEDENT
ESTATE OF FILE NUMBER
Peirce, Barbara Wyllene 21-14-0713
Include the proceeds of litigation and the date the proceeds were received by the estate.
All property jointly-owned with the right of survivorship must be disclosed on schedule F.
ITEM VALUE AT DATE
NUMBER DESCRIPTION OF DEATH
1 M8�T Bank-checking account no.9853851112 5,780.58
Accrued interest on Item 1 through date of death 0.04
2 Haar's Auction -sale of personal property 1,551.00
3 Refund,Citi Mortgage 63.14
4 Refund,Comcast 8.94
5 Refund,County taxes 3/11/2015-12/31/2015 676.06
6 Refund,Genworth Deposit-nursing home insurance 1,470.00
7 Refund, Heart Association 15.00
8 Refund, Homestead 250.00
9 Refund, March HO Dues 3/11/15-3/31/15 77.90
10 Refund, Monumental 57.48
11 Refund,Quantum Imaging 30.85
12 Refund, Royal Arcanum 8.17
13 Refund,School taxes 3/11/15-06/30/15 481.84
14 Refund,Sewer/refuse 3/11/15-3/31/15 30.12
15 Refund,State Farm 162.90
Total of Continuation Schedule See attached page
TOTAL(Also enter on Line 5, Recapitulation) 10,803.96
(If more space is needed,additional pages of the same size)
Copyright(c)2012 form software only The Lackner Group, Inc. Form PA-1500 Schedule E(Rev.08-12)
Rev-1508 EX+(OS-12)
SCHEDULE E
pennsylvania CASH, BANK DEPOSITS, & MISC.
DEPARTMENT OFREVENUE
INHERITANCETAXRETURN PERSONAL PROPERTY
RESIDENT DECEDENT
continued
ESTATE OF FILE NUMBER
Peirce, Barbara Wyllene 21-14-0713
ITEM VALUE AT DATE
NUMBER DESCRIPTION OF DEATH
16 Refund,Trinity Church 140.00
TOTAL(Also enter on Line 5, Recapitulation) 10,803.96
Copyright(c)2012 form software only The Lackner Group, Inc. Form PA-1500 Schedule E(Rev.08-12)
REV-1511 EX+�08-13) gCHEDULE H
pennsylvania
DEPARTMENTOFREVENUE FUNERAL EXPENSES AND
INHERITANCETAXRETURN ADMINISTRATIVE COSTS
RESIDENT DECEDENT
ESTATE OF FILE NUMBER
Peirce, Barbara Wyllene 21-14-0713
Decedent's debts must be reported on Schedule I.
ITEM DESCRIPTION AMOUNT
NUMBER
p, FUNERAL EXPENSES:
See continuation schedule(s)attached 1,750.89
B. ADMINISTRATIVE COSTS:
1. Personal Representative's Commissions
Name of Personal Representative(s)
Denise J. Peirce
Street Address 1001 Roberts Valley Road
city Harrisburg state PA zio 17110
Year(s)Commission Paid 5,000.00
2. Attorney's Fees Anstine 8�Sparler 3,500.00
3. Family.Exemption: (If decedenYs address is not the same as claimanYs,attach explanation) 3,500.00
Claimant Larry Peirce
StreetAddress 1354 Sugar Maple Court
city New Cumberland state PA z�o 17070
Relationshio of Claimant to Decedent SOn
4. Probate Fees 400.00
5. AccountanYs Fees
6. Tax Return Preparer's Fees
7. Other Administrative Costs 50,991.22
See continuation schedule(s)attached
TOTAL(Also enter on line 9, Recapitulation) 65,142.11
Copyright(c)2013 form software only The Lackner Group, Inc. Form PA-1500 Schedule H(Rev.08-13)
SCHEDULE H
FUNERAL EXPENSES AND ADMINISTRATIVE COSTS
continued
ESTATE OF FILE NUMBER
Peirce, Barbara Wyllene 21-14-0713
ITEM
NUMBER DESCRIPTION AMOUNT
Funeral Expenses
1 Neill Funeral Home-funeral services 1,750.89
H-A 1,750.89
Other Administrative Costs
2 1st Advantage Settlement Services, Inc. -tax certification 20.00
3 1st Advantage Settlement Services, Inc. -wire ouUfee-payoff 20.00
4 AK Ventures-moving assistance 702.30
5 American Home Shield-home warranty 423.54
6 American Water-water bill 48.71
7 American Water-water bill 24.19
8 American Water-water bill 16.02
9 American Water-water bill 16.02
10 American Water-water bill 32•27
11 American Water-water bill 15.23
12 American Water-final water bill 27.15
13 Anstine&Sparler-notary fees 19.00
14 Beacon Hill Community Association-balance on special assessment 118.02
Copyright(c)2002 form software only The Lackner Group, Inc. Form PA-1500 Schedule H(Rev.6-98)
SCHEDULE H
FUNERAL EXPENSES AND ADMINISTRATIVE COSTS
continued
ESTATE OF FILE NUMBER
Peirce, Barbara Wyllene 21-14-0713
ITEM
NUMBER DESCRIPTION AMOUNT
15 Beacon Hill Community Association-February and March HO dues 230.00
16 Blessings Home Repairs -home repairs 242.52
17 Bonnie Miller,TC-2015 County tax 833.60
18 Citi Mortgage-mortgage payoff at real estate settlement 25,111.59
19 Comcast-cable television 80.09
20 Comcast-cable television 47.18
21 Comcast-cable television 7.75
22 Comcast-cable television 12.98
23 Comcast-cable television 24.64
24 Comcast-cable television 25•22
25 Cumberland Law Journal-advertise estate 75.00
26 Keller Williams of Central PA-real estate commission 4,875.00
27 Keller Williams of Central PA-broker fee 325.00
28 Kelly Boyle's Cleaners-cleaning 320.00
29 Lower Allen Township-sewer/refuse 129.07
30 Lurae Louise Caparella-reimbursement for payment of prescription bill 17.00
31 M8�T Bank 24.99
Copyright(c)2002 form software only The Lackner Group, Inc. Form PA-1500 Schedule H(Rev.6-98)
SCHEDULE H
FUNERAL EXPENSES AND ADMINISTRATIVE COSTS
continued
ESTATE OF FILE NUMBER
Peirce, Barbara Wyllene 21-14-0713
ITEM
NUMBER DESCRIPTION AMOUNT
32 M&T Bank-credit card 65.00
33 Miscellaneous administrative expenses: photocopies,long distance telephone calls, 20.00
postage,facsimiles,etc.
34 PP8�L -electric bill 144.28
35 PP&L -electric bill 77.50
36 PP&L -electric bill 63.96
37 PP&L -electric bill 144.16
38 PP&L -electric bill 63.43
39 PP&L -electric bill 310.81
40 PP&L -final electric bill 414.68
41 Property Management, Inc.-resale certificate 150.00
42 Property Management, Inc.-homeowners association 168.41
43 Property Management, Inc.-homeowners association 118.02
44 Property Management, Inc.-homeowners association (3 months) 348.97
45 Recorder of Deeds-trasnfer tax/stamps 1,695.00
46 ReMax 1st Advantage-real estate commission 4,875.00
47 Sellers Assistance at real estate settlement 7,000.00
Copyright(c)2002 form software only The Lackner Group, Inc. Form PA-1500 Schedule H(Rev.6-98)
SCHEDULE H
FUNERAL EXPENSES AND ADMINISTRATIVE COSTS
continued
ESTATE OF FILE NUMBER
Peirce, Barbara Wyllene 21-14-0713
ITEM
NUMBER DESCRIPTION AMOUNT
48 State Farm -insurance 96.33
49 State Farm -insurance 194.74
50 State Farm -insurance 99.37
51 State Farm -insurance 94.25
52 State Farm -insurance 192.58
53 State Farm -insurance 98.33
54 The Sentinel -advertise estate 84.34
55 US Postal Service-post office box rental 31.00
56 Verizon -telephone bill 576.98
H-B7 50,991.22
Copyright(c)2002 form software only The Lackner Group, Inc. Form PA-1500 Schedule H(Rev.6-98)
Rev-1512 EX+�12•12)
SCHEDULE 1
pennsylvania DEBTS OF DECEDENT,
DEPARTMENTOFREVENUE MORTGAGE LIABILITIES AND LIENS
INHERITANCE TAX RETURN
RESIDENT DECEDENT
ESTATE OF FILE NUMBER
Peirce, Barbara Wyllene 21-14-0713
Report debts incurted 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 Adult Medicine-medical services 31.74
2 American Education Services-premiums 79.07
3 American Education Services-premiums 80.00
4 American Water-water bill 76.66
5 American Water-water bill 69.73
6 Bonnie Miller,TC-taxes 1,612.33
7 Boscov's -credit card 279.63
8 Citi Mortgage-mortgage payment 486.31
9 Citi Mortgage-mortgage payments 996.93
10 Citi Mortgage-mortgage 486.31
11 Citi Mortgage-mortgage 486.31
12 Citi Mortgage -mortgage payment 486.31
13 Citi Mortgage-mortgage 486.31
14 Citi Mortgage-mortgage 486.31
15 Citi Mortgage-mortgage 996.93
16 Citicards-credit card 510.00
17 Comcast-cable television 80.09
Total of Continuation Schedules See attached
pages
TOTAL(Also enter on Line 10, Recapitulation) 19,207.21
(If more space is needed,additional pages of the same size)
Copyright(c)2012 form software only The Lackner Group, Inc. Form PA-1500 Schedule I(Rev. 12-12)
Rev-1512 EX+(12-12) ,
SCHEDULE 1
pennsylvania DEBTS OF DECEDENT,
DEPARTMENT OFREVENUE
INHERITANCETAXRETURN MORTGAGE LIABILITIES AND LIENS
RESIDENT DECEDENT
continued
ESTATE OF FILE NUMBER
Peirce, Barbara Wyllene 21-14-0713
ITEM VALUE AT DATE
NUMBER DESCRIPTION OF DEATH
18 Comcast-cable 207.64
19 Discover-credit card 816.48
20 East Penn Ambulance-medical services rendered 44.94
21 Holyspirit Hospital -medical services 972.00
22 Leggett -air conditioning service 2,610.00
23 Lower Allen Township-sewer/refuse 257.67
24 M&T Bank 24.54
25 M&T Bank-credit card payment 30.00
26 M&T Bank-credit card 35.00
27 M&T Bank-credit card paid in full 336.07
28 Manor Care -balance due for nursing home services 3,965.56
29 PA American Water-water 76.66
30 Penn Waste-refuse 63.00
31 PP&L -electric service 173.94
32 PP&L -electric service 191.37
33 PP&L -electric 116.17
34 PP&L -electric 65.94
Copyright(c)2012 form software only The Lackner Group, Inc. Form PA-1500 Schedule I(Rev. 12-12)
Rev-1512 EX+(12-12)
SCHEDULE 1
pennsylvania DEBTS OF DECEDENT,
DEPARTMENT OFREVENUE
INHERITANCETAXRETURN MORTGAGE LIABILITIES AND LIENS
RESIDENT DECEDENT
continued
ESTATE OF FILE NUMBER
Peirce, Barbara Wyllene 21-14-0713
ITEM VALUE AT DATE
NUMBER DESCRIPTION OF DEATH
35 PP&L -electric 773.94
36 PP&L-electric 191.37
37 PP&L -electric 93.32
38 Property Management, Inc.-homeowners association 185.27
39 Quantum Imaging -medical services 30.85
40 Quantum Imaging-medical services 27.11
41 Royal Arcanum -premiums 152.03
42 State Farm-homeowners insurance 192.66
43 State Farm -insurance 96.33
44 Talbots -credit card 234.42
45 Verizon -telephone service 171.96
TOTAL(Also enter on Line 10, Recapitulation) 19,207.21
Copyright(c)2012 form software only The Lackner Group, Inc. Form PA-1500 Schedule I(Rev. 12-12)
REV-1513 EX+�01-10)
pennsylvania SCHEDULE J
DEPARTMENT OFREVENUE
INHERITANCE TAX RETURN BENEFICIARIES
RESIDENT DECEDENT
ESTATE OF FILE NUMBER
Peirce, Barbara W Ilene 21-14-0713
NAME AND ADDRESS OF RELATIONSHIP TO SHARE OF ESTATE AMOUNT OF ESTATE
NUMBER PERSON(S)RECEIVING PROPERTY DECEDENT (Words) ($$$)
Do Not List Trustee s
I� TAXABLE DISTRIBUTIONS [include outright spousal
distributions,and transfers
under Sec.9116 a 1.2
Lurae Louise Caparella Daughter 40%of residue
309 East Main Street
Mechanicsburg,PA 17055
Lawrence Peirce Son 40%of residue
1001 Roberts Valley Road
Harrisburg, PA 17110
Barbara Harmon Sheffield Niece 20%of residue
114 White Dogwood Drive
Etters, PA 17319
Total
Enter dollar amounts for distributions shown above on lines 15 throu h 18 on Rev 1500 cover sheet,as a ro riate.
NON-TAXABLE DISTRIBUTIONS:
II. A.SPOUSAL DISTRIBUTIONS UNDER SECTION 9113 FOR WHICH AN ELECTION TO TAX IS NOT TAKEN
B.CHARITABLE AND GOVERNMENTAL DISTRIBUTIONS
1 Trinity United Methodist Church 1,000.00
TOTAL OF PART II -ENTER TOTAL NON-TAXABLE DISTRIBUTIONS ON LINE 13 OF REV-1500 COVER SHEET 1,000.00
Copyright(c)2010 form software only The Lackner Group, Inc. Form PA-1500 Schedule J(Rev.01-10)
s � �����`.
Last Will and Testament
of
B. Wyllene Peirce � ;
I, B. Wyllene Peirce, also known as Barbara Wyllene Peirce, a resident of New
Cumberland, Cumberland County, Pennsylvania, revoke any prior wills and codicils
made by me and declare this to be my Will.
Article One
Family Information
I have two children. Their names and dates of birth are:
Lurae Louise Caparella a/k/a L. Louise Caparella, born on
September 2, 1947; and
Lawrence D. Peirce a/k/a Larry D. Peirce,born on July 23, 1953
All references in my will to "my children"are references to these children.
Article Two
Distribution of My Property
Section 2.01 Disposition of Tangible Personal Property
I direct that my personal representative shall distribute my tangible personal possessions
according to a separate "Personal Property Memorandum" or other similar writing, which
shall be signed by me and kept with my Estate Planning Portfolio. It is my intent that
such writing qualifies to distribute my tangible personal possessions under applicable
state law. If such writing is not found at the time of my death, or ruled an improper
disposition, this bequest shall lapse and my tangible personal possessions shall become
part of my living trust. If any items of tangible personal property I happen to own are not
mentioned in such list, such items shall become part of my living trust. If any such gift
shall lapse,then such items shall become part of my living trust.
Section 2.02 Pour-Over to My Living Trust
All of my probate estate, excluding any property over which I might have a power of
appointment, and after payment of expenses and taxes which are paid pursuant to this
will, I give to the Trustee of the B. Wyllene Peirce Living Trust dated May 16, 1997 as
restated on May 20, 2009, and executed prior to this will, to be added to the property of
that trust and direct that the Trustee administer the property as provided in the trust
agreement and any amendments prior to my death.
Page 1 of 8
F
Section 2.03 Alternate Disposition
If the trust referred to in Section 2.02 is not in effect at my death or if for any other
reason the pour-over cannot be accomplished, I specifically and completely incorporate
the terms of the trust into this will by reference. In such a situation, I direct my personal
representative to establish a trust in accordance with the provisions of such trust and give
the remainder of my estate, excluding any property over which I might have a power of
appointment, to the Trustee of said trust to be administered as provided in the trust
agreement.
Article Three
Designation and Succession of Fiduciaries
Section 3.01 Personal Representative
I nominate Denise J. Peirce to serve as my personal representative. If Denise J. Peirce
fails or ceases to act as my personal representative, I nominate Lawrence D. Peirce and
Lurae Louise Caparella to serve. If both Lawrence D. Peirce and Lurae Louise Peirce fail
or cease to act as my personal representative, then Barbara Hannon Sheffield shall act as
my successor personal representative.
Article Four
Powers of Fiduciaries
Section 4.01 Grant
My personal representative may perform every act reasonably necessary to administer my
estate and any trust established under my will.
Specifically, my personal representative may exercise the following powers: hold, retain,
invest, reinvest, sell, and manage real or personal property, including interests in any
form of business entity including, but not limited to, limited partnerships and limited
liability companies, and policies of life, health and disability insurance, without
diversification as to kind, amount or risk of non-productivity and without limitation by
statute or rule of law. My personal representative may partition, sell, exchange, grant,
convey, deliver, assign, transfer, lease, option, mortgage, pledge, abandon, borrow, loan
and contract. My personal representative may distribute the assets of my estate in cash or
kind or partly in each at fair market value on the date of distribution, without requiring
pro rata distribution of specific assets and without requiring pro rata allocation of the tax
bases of such assets. My personal representative may hold in nominee form, continue
businesses, carry out agreements, deal with itself, other fiduciaries and business
organizations in which my personal representative may have an interest. It may establish
reserves, release powers, and abandon, settle or contest claims. It may employ attorneys,
accountants, custodians of the trust assets, and other agents or assistants as deemed
advisable to act with or without discretionary powers and compensate them and pay their
expenses from income or principal or both.
Page 2 of 8
Section 4.02 Powers Granted by State Law
In addition to all of the above powers, my personal representative may exercise all
powers granted under applicable state law as set forth in the Pennsylvania Probate,
Estates and Fiduciaries Code, as amended after the date of my will. I incorporate such
Act as it exists today by reference and make it a part of my will.
Section 4.03 Distribution Alternatives
My personal representative may make any payments under my will:
Directly to the beneficiary;
In any form allowed by applicable state law for gifts or transfers to minors
or persons under disability;
To the beneficiary's guardian, conservator, or caregiver for the benefit of
the beneficiary; or
By direct payment of the beneficiary's expenses.
A receipt by the recipient for any such distribution, if such distribution is made in a
manner consistent with the proper exercise of my fiduciaries' duties hereunder, shall fully
discharge my fiduciaries.
Article Five
Administrative Provisions
Section 5.01 Court Proceedings
If any trust is established under my will that trust shall be administered in a timely and
efficient manner consistent with its terms, free of active judicial intervention and without
order, approval or other action by any court. It shall be subject only to the jurisdiction of
a court being invoked by the trustees or other interested parties or as otherwise provided
by law.
Section 5.02 No Bond
I direct that no fiduciary shall be required to give any bond in any jurisdiction, and if,
notwithstanding this direction, any bond is required by any law, statute, or rule of court,
no sureties be required.
Section 5.03 Compensation
Any fiduciary under this instrument shall be entitled to reasonable compensation
commensurate with services actually performed and to be reimbursed for expenses
properly incurred.
Section 5.04 Ancillary Fiduciary
In the event ancillary administration shall be required or desired and my domiciliary
personal representative is unable or unwilling to act as an ancillary fiduciary, my
domiciliary personal representative shall have the power to designate, compensate, and
remove the ancillary fiduciary. The ancillary fiduciary may either be a natural person or
a corporation. My domiciliary personal representative may delegate to such ancillary
Page 3 of 8
fiduciary such powers granted to my original personal representative as my personal
representative may deem proper, including the right to serve without bond or �urety on
bond. The net proceeds of the ancillary estate shall be paid over to the domiciliary
personal representative.
Article Six
Tax Provisions
Section 6.01 Death Taxes and Payment of Expenses
The trustee of the trust referred to in this will is authorized to pay my funeral and burial
expenses, claims against my estate, and expenses of estate administration. Accordingly, I
direct my personal representative to consult with the trustee to deternune the preferable
source for payment of such amounts and which, if any, should be requested from the
trust.
I direct my personal representative to follow any instructions contained in the B. Wyllene
Peirce Living Trust in making any tax election, including, but not limited to, the
allocation of my GST Exemption. I direct that the taxes imposed by reason of my death
upon property passing under and outside my will be apportioned and paid in the manner
provided in the B. Wyllene Peirce Living Trust, and I incorporate the tax apportionment
provisions of the B. Wyllene Peirce Living Trust as part of my will.
In no event shall any of such taxes be allocated to or paid from property which is not
included in my gross estate for federal estate tax purposes or which qualifies for the
federal estate tax charitable deductions.
Section 6.02 Tax and Administrative Elections
My personal representative may exercise any available elections under any applicable
income, inheritance, estate, succession, or gift tax law. This authority specifically
includes the power to select any alternate valuation date foz death tax purposes and the
power to determine whether any or all of the administration expenses of my estate are to
be used as estate tax deductions or as income tax deductions, and no compensating
adjustments need be made between income and principal as a result of such
determinations unless my personal representative shall determine otherwise, in the
discretion of my personal representative, or unless required by law.
My personal representative shall not be liable to any beneficiary of my estate for tax
consequences occasioned by reason of the exercise or non-exercise of any such elections
or by reason of the allocation and distribution of property in kind in full or partial
satisfaction of any beneficiary's interest in my estate.
Page 4 of 8
Article Seven
General Provisions
Section 7.01 Applicable Law
The validity and construction of my will shall be determined by the laws of the
Commonwealth of Pennsylvania.
Section 7.02 Contest Provision
If, after receiving a copy of this paragraph, any person shall in any manner, directly or
indirectly, attempt to contest or oppose the validity of my will or my living trust,
including any amendments thereto, or commences, continues or prosecutes any legal
proceedings to set my will or living trust aside, then such person shall forfeit his or her
share, cease to have any right or interest in my property, and shall for the purposes of my
will be deemed to have predeceased me.
This Section shall not apply so as to cause a forfeiture of any distribution otherwise
qualifying for the federal estate tax charitable deduction.
Section 7.03 Construction
Unless the context requires otherwise, words denoting the singular may be construed as
denoting the plural. Words of the plural may be construed as denoting the singular.
Words of one gender may be construed as denoting another gender, if appropriate.
Section 7.04 Headings and Titles
The headings and paragraph titles are for reference only.
Section 7.05 Internal Revenue Code, IRC or Code
References to the Internal Revenue Code, the IRC or the Code shall refer to the Internal
Revenue Code of the United States. References to specific sections of the Code shall be
to any sections of like or similar import that replace the specific sections as a result of
changes to the Internal Revenue Code made after the date of my will.
Section 7.06 Other Definitions
Except as otherwise provided in my will, terms shall be as defined in the Pennsylvania
Probate Code as amended after the date of my will and after my death.
Section 7.07 Survivorship
For purposes of this will, any beneficiary shall be deemed to have predeceased me if such
beneficiary dies within 30 days after the date of my death.
Section 7.08 Severability
If any part of this instrument shall be adjudicated to be void or invalid, the remaining
provisions not specifically so adjudicated shall remain in full force and effect.
Page 5 of 8
COMMONWEALTH OF PENNSYLVANIA )
COUNTY OF CUMBERLAND )
)
We, _��5�.� E, ��Q�Cr- and �����l�.��L-��- , the
witnesses whose names are signed to the attached or foregoing instrument, being duly
qualified according to law, do depose and say that we were present and saw the testatrix
sign and execute the instrument as her Last Will; that the testatrix signed willingly and
executed it as her free and voluntary act for the purposes therein expressed; that each
subscribing witness in the hearing and sight of the testatrix signed the will as a witness;
and that to the best of our knowledge the testatrix was at that time 18 or more years of
age, of sound mind, and under no constraint or undue influence.
Witness
` . .
Cv7�r� ,
Witness
COMMONWEALTH OF PENNSYLVANIq
NotaHal Seal
Cassandra T.Rosenbaum,Notary Public
lower Paxto�Twp.,Dauphin County � ,,/,1 '�/� / .� � �
My Commisslon Explres Dec.4,2016 L('ll.�l,L��1-. �[.C,�Lt . (� ��
MEMBER,PENNSYLVANIA ASSOC1A77pN Of NOTARIE$ Notary Public
�
Page 8 of 8
I, B. Wyllene Peirce also known as Barbara Wyllene Peirce,�havi g signed this Will in
the presence of S�� � p�O�y,..�� and � ������
who attested it at my request on this day, �� � j , 2013 at New
Cumberland, Pennsylvania, declare this to be my Will. �
B'��N��t �
B. Wyllene Peirce, Testatrix
�j a�G-��.. ���.•
Barbara Wyllene Peirce, Testatrix
The above and foregoing Will of B. Wyllene Peirce was declared by B. Wyllene Peirce in
our view and presence to be her Will and was signed and subscribed by the said B.
Wyllene Peirce in our view and presence and at her request and in the view and presence
of B. Wyllene Peirce and in the view and presence of each other, we, the undersigned,
witnessed�nd attested the due execution of the Will of B. Wyllene Peirce on this day,
, 2013.
,�-- � �-{'� �,J► N- residing at
- � ��` �
��� � , � r_`
residing at ���� /k���,��� ���'
.�'� �c-�������p� ���,9
Page 6 of 8
PENNSYLVANIA SELF PROVING AFFIDAVIT
COMMONWEALTH OF PENNSYLVANIA )
COUNTY OF CUMBERLAND �
)
I, B. Wyllene Peirce also known as Barbara Wyllene Peirce, the testatrix whose name is
signed to the attached or foregoing instrument, having been duly qualified according to
law, do hereby acknowledge that I signed and executed the instrument as my Last Will;
and that I signed it willingly and as my free and voluntary act for the purposes therein
expressed.
Sworn to or affirmed and acknowledged before me by B. Wyllene Peirce, the testatrix,
this day,��,� f , 2013.
�' �
B. Wyllene Peirce, Testatrix
•
1���
��
����
Barbara Wyllene Peirce, Testatrix
COMMONWEqLTH OF P NIV�Y�VqNU1
Cassandra T, N���a��a�
Rosenbaum,Notary p�b�ic
lower PaMon Twp,,pauphin County
M Commissbn Ex Ires Dec,4 (�� �'�' �
MEMBER,PENNSYLVANIA l�5gpu,qnON OF OTARIES '"-"'" /�
�
Notary Public
Page 7 of 8
THE B. WYLLENE PEIRCE LIVING TRUST
DATED MAY 16, 1997
Third Restatement dated
��c� � , 2013
LAW OFFICES
LAW OFFICES OF SUSAN E. LEDERER
ESTATE PLANNING AND ADMINISTRATION
5011 LOCUST LANE
HARRISBURG, PENNSYLVANIA 17109
The B. Wyllene Peirce Living Trust
Table of Contents
Article One Establishing My Trust..................................................... 1-1
Section 1.01 Identifying My Trust.................................................................... 1-1
Section 1.02 Reliance by Third Parties on Affidavit or Certification of
Trust............................................................................................. 1-1
Section 1.03 Transferring Property to My Trust............................................... 1-2
Section 1.04 Powers Reserved by Me as Trustor............................................. 1-2
Section 1.05 Grantor Trust Status..................................................................... 1-3
Article Two Family Information.......................................................... 2-1
Article Three Trustee Succession Provisions..................................... 3-1
Section 3.01 Resignation of a Trustee..............................................................3-1
Section 3.02 Trustee Succession During My Lifetime..................................... 3-1
Section 3.03 Trustee Succession After My Death............................................ 3-2
Section 3.04 Notice of Removal and Appointment.......................................... 3-2
Section 3.05 Appointment of a Cotrustee......................................................... 3-3
Section 3.06 Corporate Fiduciaries................................................................... 3-3
Section 3.07 Incapacity of a Trustee.................................................................3-3
Section 3.08 Appointment of Independent Special Trustee ............................. 3-3
Section 3.09 Rights and Obligations of Successor Trustees.............................3-4
Article Four Administration of My Trust During My Incapacity........ 4-1
Section 4.01 Trust Distributions During My Incapacity...................................4-1
Article Five Administration of My Trust Upon My Death ................. 5-1
Section 5.01 My Trust Shall Become Irrevocable............................................ 5-1
Section 5.02 Administrative Trust.................................................................... 5-1
Section 5.03 Payment of My Expenses and Taxes........................................... 5-1
Section 5.04 Payment of Death Taxes..............................................................5-2
Section 5.05 Coordination with My Personal Representative.......................... 5-2
Section 5.06 Authority to Make Tax Elections.................................................5-3
Article Six Specific Distributions and Disposition of Tangible
Personal Property........................................................... 6-1
Section 6.01 Specific Distribution to TRINITY UNITED METHODIST
CHURCH.....................................................................................6-1
Section 6.02 Distribution of Tangible Personal Property by Memoranda........6-1
Section 6.03 Distribution of Remaining Tangible Personal Property ..............6-1
i
Section 6.04 Definition of Tangible Personal Property....................................6-2
Section 6.05 Encumbrances and Incidental Expenses of Tangible
PersonalProperty.........................................................................6-2
Section 6.06 Residuary Distribution.........................................
........................6-2
Article Seven Distribution to My Beneficiaries .................................... 7-1
Section 7.01 Division of Remaining Trust Property......................................... 7-1
Section 7.02 Distribution of the Share for Lawrence D. Peirce ....................... 7-1
Section 7.03 Distribution of the Share for Lurae Louise Caparella.................. 7-1
Section 7.04 Distribution of the Share for Barbara Harmon Sheffield............. 7-1
Article Eight Remote Contingent Distribution.................................... 8-1
Article Nine Administration of Trusts for Underage and
Incapacitated Beneficiaries............................................ 9-1
Section 9.01 Distributions for Underage and Incapacitated Beneficiaries....... 9-1
Section 9.02 Methods of Distribution.........................................
......................9-1
Section 9.03 Application of Article..................................................................9-2
Article Ten Trust Administration..................................................... 10-1
Section 10.01 Distributions to Beneficiaries .................................................... 10-1
Section 10.02 No Court Proceedings................................................................ 10-1
Section10.03 No Bond..................................................................................... 10-1
Section 10.04 Exoneration of My Trustee........................................................ 10-1
Section 10.05 Trustee Compensation............................................................... 10-2
Section 10.06 Employment of Professionals.................................................... 10-2 �
Section 10.07 Determination of Principal and Income..................................... 10-3
Section 10.08 Trust Accounting ....................................................................... 10-3
Section 10.09 Action of Trustees; Disclaimer.................................................. 10-3
Section 10.10 Delegation of Trustee Authority; Power of Attorney................ 10-4
Section 10.11 Additions to Separate Trusts...................................................... 10-4
Section 10.12 Authority to Merge or Sever Trusts........................................... 10-5
Section 10.13 Authority to Terminate Trusts ................................................... 10-5
Section 10.14 Merger of Corporate Fiduciary.................................................. 10-5
Section 10.15 Beneficiary's Status................................................................... 10-6
Section 10.16 Discharge of Third Persons........................................................ 10-6
Section 10.17 Certificate by Trustee................................................................. 10-6
Section 10.18 Funeral and Other Expenses of Beneficiary.............................. 10-6
Article Eleven My Trustee's Powers .................................................... 11-1
Section 11.01 Introduction to Trustee's Powers............................................... 11-1
Section 11.02 Execution of Documents by My Trustee................................... 11-1
Section 11.03 Investment Powers in General................................................... 11-1
Section 11.04 Banking Powers......................................................................... 11-2
ii
Section 11.05 Contract Powers......................................................................... 11-2
Section 11.06 Common Investments................................................................ 11-2
Section 11.07 Environmental Powers............................................................... 11-2
Section 11.08 Insurance Powers....................................................................... 11-3
Section 11.09 Loans and Borrowing Powers.................................................... 11-4
Section 11.10 Nominee Powers........................................................................ 11-4
Section 11.11 Payment of Taxes and Expenses................................................ 11-4
Section 11.12 Qualified Real Property Valuation ............................................ 11-5
Section 11.13 Real Estate Powers..................................................................... 11-5
Section 11.14 Residences and Tangible Personal Property.............................. 11-5
Section 11.15 Retention and Abandonment of Trust Property......................... 11-6
Section 11.16 Securities, Brokerage and Margin Powers................................. 11-6
Section 11.17 Settlement Powers...................................................................... 11-7
Section 11.18 Limitation on My Trustee's Powers .......................................... 11-7
Article Twelve General Provisions ....................................................... 12-1
Section 12.01 Spendthrift Trust Provision........................................................ 12-1
Section 12.02 Contest Provision....................................................................... 12-1
Section 12.03 Survivorship Presumption.......................................................... 12-2
Section 12.04 Changing the Situs of Administration....................................... 12-2
Section12.05 Definitions ................................................................................. 12-2
Section 12.06 General Provisions and Rules of Construction.......................... 12-6
iii
The B. Wyllene Peirce Living Trust
Article One
Establishing My Trust
On May 16, 1997, I established the B. Wyllene Peirce Living Trust, wherein I reserved
the right to amend the trust agreement, in whole or in part. On August 13, 2004, I
amended and restated my Trust in its entirety. On May 20, 2009 I amended and restated
my trust in its entirety ("Second Restatement"). On �(_ � , 2013, I now
exercise my power to amend that agreement and restate my tr st, in its entirety, so that
after amendment, the B. Wyllene Peirce Living Trust states as follows:
The parties to this Third restated agreement are B. Wyllene Peirce, also known as
Barbara Wyllene Peirce, (the "Trustor") and B. Wyllene Peirce (my"Trustee").
Section 1.01 Identifying My Trust
My trust may be referred to as "B. Wyllene Peirce, Trustee of the B. Wyllene Peirce
Living Trust dated May 16, 1997, and any amendments thereto."
For the purpose of transferring property to my trust, or identifying my trust in any
beneficiary or pay-on-death designation, any description referring to my trust shall be
effective if it reasonably identifies my trust. Any description that contains the date of my
trust, the name of at least one initial or successor Trustee and an indication that my
Trustee is holding the trust property in a fiduciary capacity shall be sufficient to
reasonably identify my trust.
Section 1.02 Reliance by Third Parties on Affidavit or Certification of
Trust
From time to time, third parties may require documentation to verify the existence of this
agreement, or particular provisions of it, such as the name or names of my Trustee or the
powers held by my Trustee. To protect the confidentiality of this agreement, my Trustee
may use an affidavit or a certification of trust that identifies my Trustee and sets forth the
authority of my Trustee to transact business on behalf of my trust. The affidavit or
certification may include pertinent pages from this agreement, such as title or signature
pages.
A third party may rely upon an affidavit or certification of trust that is signed by my
Trustee with respect to the representations contained in the affidavit or certification of
trust. A third party relying upon an affidavit or certification of trust shall be exonerated
from any liability for actions the third party takes or fails to take in reliance upon the
representations contained in the affidavit or certification of trust. A third party dealing
with my Trustee shall not be required to inquire into the terms of this agreement or the
1-1
authority of my Trustee, or to see to the application that my Trustee makes of funds or
other property received by my Trustee.
Section 1.03 Transferring Property to My Trust
Any person or entity may transfer property of any kind, nature and description to my trust
in any manner authorized by law.
(a) Initial Funding of My Trust
By execution of this agreement, I transfer, convey and assign to my
Trustee the trust property described on Schedule A, attached to this
agreement.
(b) Acceptance by My Trustee
By execution of this agreement, my Trustee accepts and agrees to hold the
trust property described on Schedule A, along with all other property
initially transferred to it by virtue of subsection (a). All property
transferred to my trust after the date of this agreement must be acceptable
to my Trustee. My Trustee may refuse to accept any property. My
Trustee shall hold, administer and dispose of all trust property accepted by
my Trustee for my benefit and the benefit of my beneficiaries in
accordance with the terms of this agreement.
Section 1.04 Powers Reserved by Me as Trustor
During my lifetime, I shall retain the powers set forth in this Section in addition to any
powers that I reserve in other provisions of this agreement.
(a) Action on Behalf of My Trust
During any period that I am serving as a Trustee of my trust, I may act for
and conduct business on behalf of my trust without the consent of any
other Trustee.
(b) Amendment, Restatement or Revocation
I have the absolute right, at any time and from time to time, to amend,
restate, or revoke any term or provision of this agreement in whole or in
part. Any amendment, restatement, or revocation must be in a written
instrument signed by me.
(c) Addition or Removal of Trust Property
I have the absolute right, at any time and from time to time, to add to the
trust property and to remove any property from my trust.
(d) Control of Income and Principal Distributions
I have the absolute right to control the distribution of income and principal
from my trust. My Trustee shall distribute to me, or to such persons or
entities as I may direct, as much of the net income and principal of the
1-2
trust property as I deem advisable. My Trustee may distribute trust
income and principal to me or for my unrestricted use and benefit, even to
the exhaustion of all trust property. Any undistributed income shall be
added to the principal of my trust.
(e) Approval of Investment Decisions
I have the absolute right to approve my Trustee's investment decisions.
My approval of investment decisions shall be binding on all other
beneficiaxies of this agreement.
Section 1.05 Grantor Trust Status
By reserving the broad rights and powers set forth in Section 1.04 of this Article, I intend
to qualify my trust as a "Grantor Trust" under Sections 671 to 677 of the Internal
Revenue Code so that, for federal income tax purposes, I will be treated as the owner
during my lifetime of all the assets held in my trust as though I held them in my
individual capacity.
During any period that my trust is a Grantor Trust, the taxpayer identification number of
my trust shall be my social security number, in accordance with Treasury Regulation
Section 301.6109-1(a)(2).
1-3
Article Two
Family Information
I have two children. Their names and dates of birth are:
Lurae Louise Caparella a/k/a L. Louise Caparella, born on September 2,
1947; and
Lawrence D. Peirce a/k/a Larry D. Peirce, born on July 23, 1953
All references in this agreement to "my children" are references to these children.
References in this agreement to "my descendants" are references to my children and their
descendants.
I have also made provision for my niece, Barbara Harmon Sheffield, in this agreement.
2-1
Article Three
Trustee Succession Provisions
Section 3.01 Resignation of a Trustee
A Trustee may resign by giving notice to me. If I am deceased, a resigning Trustee shall
give notice to the income beneficiaries of the trust and to any other Trustee then serving.
A Trustee's notice of resignation shall become effective upon the successor Trustee's
acceptance of appointment.
Section 3.02 Trustee Succession During My Lifetime
During my lifetime, this Section shall govern the removal and replacement of my
Trustees.
(a) Removal and Replacement by Me
I may remove any Trustee with or without cause at any time. If a Trustee
is removed,resigns or cannot continue to serve for any reason, I may serve
as sole Trustee, appoint a Trustee to serve with me or appoint a successor
Trustee.
(b) During My Incapacity
During any time that I am incapacitated, the following shall replace any
then serving Trustee in the order named:
Lawrence D. Peirce, Denise J. Peirce and Lurae Louise
Caparella, to serve jointly or severally; and then
Michelle E. Peirce
If I am incapacitated, the person appointed my guardian may remove any
Trustee with or without cause.
If I am incapacitated and there is no named successor Trustee, the person
appointed my guardian shall appoint an individual or a corporate fiduciary
to serve as my successor Trustee.
All appointments, removals and revocations shall be by signed written instrument.
Notice of removal shall be delivered to the Trustee being removed and shall be effective
in accordance with the provisions of the notice.
Notice of appointment shall be delivered to and accepted by the successor Trustee and
shall become effective at that time. A copy of the notice shall be attached to this
agreement.
3-1
Section 3.03 Trustee Succession After My Death
After my death, this Section shall govern the removal and replacement of my Trustees.
(a) Successor Trustees
I appoint the following to serve as my successor Trustee upon my death, in
the order named, replacing any then serving Trustee:
Denise J. Peirce; then
Lawrence D. Peirce and Lurae Louise Peirce; and then
Barbara Harmon Sheffield
(b) Removal of a Trustee
A Trustee may be removed only for cause, which removal must be
approved by a court of competent jurisdiction upon the petition of any
beneficiary.
In no event shall the court petitioned to approve the removal of a Trustee
acquire any jurisdiction over the trust except to the extent necessary to
approve or disapprove removal of a Trustee.
If a beneficiary is a minor or is incapacitated, the parent or legal
representative of the beneficiary may act on behalf of the beneficiary.
(c) Default of Designation
If the office of Trustee of a trust created under this agreement is vacant
and no designated successor Trustee is able and willing to act as Trustee, a
majority of the income beneficiaries of the trust shall appoint an individual
or corporate fiduciary as successor Trustee. If there are no income
beneficiaries, then a majority of all beneficiaries shall make the
appointment.
Any beneficiary may petition a court of competent jurisdiction to appoint
a successor Trustee to fill any vacancy remaining unfilled after a period of
30 days. By making such appointment, the court shall not thereby acquire
any jurisdiction over the trust, except to the extent necessary for making
the appointment.
If a beneficiary is a minor or is incapacitated, the parent or legal
representative of the beneficiary may act on behalf of the beneficiary.
Section 3.04 Notice of Removal and Appointment
Notice of removal shall be in writing and shall be delivered to the Trustee being removed
and to any other Trustees then serving. The notice of removal shall be effective in
accordance with its provisions.
Notice of appointment shall be in writing and shall be delivered to the successor Trustee
and any other Trustees then serving. The appointment shall become effective at the time
3-2
of acceptance by the successor Trustee. A copy of the notice shall be attached to this
agreement.
Section 3.05 Appointment of a Cotrustee
Any individual Trustee may appoint an individual or a corporate fiduciary as a Cotrustee.
A Cotrustee so named shall serve only as long as the Trustee who appointed such
Cotrustee (or, if such Cotrustee was named by more than one Trustee acting together, by
the last to serve of such Trustees) serves, and such Cotrustee shall not become a
successor Trustee upon the death, resignation, or incapacity of the Trustee who appointed
such Cotrustee, unless so appointed under the terms of this agreement. The Trustee
appointing a Cotrustee may revoke the appointment at any time with or without cause.
Section 3.06 Corporate Fiduciaries
Any corporate fiduciary serving under this agreement as a Trustee must be a bank, trust
company, or public charity that is qualified to act as a fiduciary under applicable federal
and state law and that is not related or subordinate to any beneficiary within the meaning
of Section 672(c) of the Internal Revenue Code.
Section 3.07 Incapacity of a Trustee
If any individual Trustee, other than me, shall become incapacitated, it shall not be
necessary for the incapacitated Trustee to resign as Trustee. A written declaration of
incapacity by the Cotrustee, if any, or, if none, by the party designated to succeed the
incapacitated Trustee, if made in good faith, shall terminate the trusteeship.
Section 3.08 Appointment of Independent Special Trustee
If for any reason the Trustee of any trust created under this agreement is unwilling or
unable to act with respect to any trust property or any provision of this agreement, the
Trustee shall appoint, in writing, a corporate fiduciary or an individual to serve as an
Independent Special Trustee as to such property or with respect to such provision. The
Independent Special Trustee appointed shall not be related or subordinate to any
beneficiary of the trust within the meaning of Section 672(c) of the Internal Revenue
Code. The Trustee may revoke any such appointment at will.
An Independent Special Trustee shall exercise all fiduciary powers granted by this
agreement unless expressly limited elsewhere in this agreement or by the Trustee in the
instrument appointing the Independent Special Trustee. An Independent Special Trustee
may resign at any time by delivering written notice of resignation to the Trustee. Notice
of resignation shall be effective in accordance with the terms of the notice.
3-3
Section 3.09 Rights and Obligations of Successor Trustees
Each successor Trustee serving under this agreement, whether corporate or individual,
shall have all of the title, rights, powers and privileges granted to the initial Trustee
named under this agreement. In addition, each successor Trustee shall be subject to all of
the restrictions imposed upon and obligations and duties, discretionary and ministerial,
given to the initial Trustee named under this agreement.
3-4
Article Four
Administration of My Trust
During My Incapacity
Section 4.01 Trust Distributions During My Incapacity
During any period of time that I am incapacitated, my Trustee shall administer my trust
and distribute its net income and principal as provided in this Section.
(a) Distributions for My Benefit
My Trustee shall regularly and conscientiously make appropriate
distributions of trust income and principal for my general welfare and
comfort under the circumstances existing at the time such distributions are
made.
Distributions under this subsection shall include payments for any of my
enforceable legal obligations. My Trustee may also make distributions for
the payment of insurance premiums for insurance policies owned by me or
by my trust, including but not limited to, life, medical, disability, property
and casualty, errors and omissions and long-term health care insurance
policies.
The examples included in this subsection are for purposes of illustration
only and are not intended to limit the authority of my Trustee to make
distributions for my benefit that my Trustee determines to be appropriate.
(b) Manner of Making Distributions
My Trustee may make distributions for my benefit in any one or more of
the following ways:
To me, but only to the extent I am able to manage such
distributions;
To other persons and entities for my use and benefit;
To my agent or attorney-in-fact authorized to act for me
under a legally valid durable power of attorney executed by
me prior to my incapacity;
To my guardian or conservator who has assumed
responsibility for me under any court order, decree or
judgment issued by a court of competent jurisdiction.
4-1
(c) Power to Make Gifts
My Trustee is authorized to make gifts as provided in this subsection.
(1) Continuation of My Gifting
My Trustee is authorized to honor pledges and continue to
make gifts to charitable organizations that I have regularly
supported in the amounts I have customarily given. My
Trustee may make gifts in order to assure the continuation of
any gifting program initiated by me prior to the time I became
incapacitated.
(2) Methods of Making Gifts
My Trustee may make gifts of trust property under this
subsection outright, in trust or in any other manner that my
Trustee deems appropriate.
By way of example and without limiting my Trustee's powers
under this subsection, my Trustee is specifically authorized to
make gifts by creating tenancy in common and joint tenancy
interests or establishing irrevocable trusts including charitable
trusts. My Trustee may make gifts of trust property by
establishing and contributing trust property to corporations,
family limited partnerships, limited liability partnerships,
limited liability companies or other similar entities and by
making gifts of interests in any of those entities.
To accomplish the objectives described in this subsection, my
Trustee may establish and maintain financial accounts of all
types and may execute, acknowledge, seal and deliver deeds,
assignments, agreements, authorizations, checks and other
instruments. My Trustee may prosecute, defend, submit to
arbitration, settle or propose or accept a compromise with
respect to a claim existing in favor of or against me based on
or involving a gift transaction on my behalf and may intervene
in any related action or proceeding.
My Trustee may perform any other act my Trustee considers
necessary or desirable to complete a gift on my behalf in
accordance with the provisions of this subsection.
(3) Standard for Making Gifts
It is my desire that in making gifts on my behalf, my Trustee
consider the history of my gift making and my estate plan. To
the extent reasonably possible, I direct my Trustee to avoid
disrupting the dispositive provisions of my estate plan as
established by me prior to my incapacity.
4-2
Article Five
Administration of My Trust
Upon My Death
Section 5.01 My Trust Shall Become Irrevocable
Upon my death, my trust shall become irrevocable and my social security number may no
longer be used to identify my trust. My Trustee shall apply for a separate taxpayer
identification number for my trust.
Section 5.02 Administrative Trust
After my death and prior to the distribution of trust property as provided in the
subsequent Articles of this agreement, my trust shall be an administrative trust but may
continue to be known as the B. Wyllene Peirce Living Trust. My administrative trust
shall exist for a reasonable period of time necessary to complete the administrative tasks
set forth in this Article.
Section 5.03 Payment of My Expenses and Taxes
My Trustee is authorized but not directed to pay from the administrative trust:
Expenses of my last illness, funeral and burial or cremation, including
expenses of inemorials and memorial services;
Legally enforceable claims against me or my estate;
Expenses of administering my trust and my estate; and
Court ordered allowances for those dependent upon me.
These authorized payments are discretionary with my Trustee. My Trustee may make
decisions on these payments without regaxd to any limitation on payment of such
expenses imposed by law and may make payments without obtaining the approval of any
court. No third party may enforce any claim or right to payment against my trust by
virtue of this discretionary authority. My Trustee shall not pay any administrative
expenses from assets passing to an organization that qualifies for the federal estate tax
charitable deduction or to a split-interest charitable trust.
My Trustee shall pay death t�es out of the principal of the trust property as provided in
Section 5.04. If, however, a probate estate is opened within six months from the date of
my death, my Personal Representative shall pay claims, expenses and death taxes from
my probate estate to the extent that the cash and readily marketable assets included in my
probate estate are sufficient to pay such items unless my Trustee has already paid them.
5-1
Section 5.04 Payment of Death Taxes
For the purposes of this Article, the term "death taxes" shall refer to any taxes imposed
by reason of my death by federal, state or local authorities, including but not limited to
estate, inheritance, gift, and direct-skip generation-skipping transfer t�es. For purposes
of this Section, death taxes shall not include any additional estate tax imposed by Section
2031(c)(5)(C), Section 2032A(c) or Section 2057(fl of the Internal Revenue Code or any
other comparable recapture tax imposed by any taxing authority. Nor shall death t�es
include any generation-skipping transfer tax, other than a direct skip generation-skipping
transfer tax.
Except as otherwise provided in this Section or elsewhere in this agreement, my Trustee
shall provide for payment of all death taxes from the administrative trust without
apportionment. My Trustee shall not seek contribution toward or recovery of any such
payments from any individual.
(a) Protection of Exempt Property
In no event shall death taxes be allocated to or paid from any assets that
are not included in my gross estate for federal estate taac purposes.
(b) Protection of the Charitable Deduction
Notwithstanding anything in this agreement to the contrary, no death taxes
shall be allocated to or paid from any assets passing to an organization that
qualifies for the federal estate tax charitable deduction, or from any assets
passing to a split-interest charitable trust, unless my Trustee has first used
all other assets available to my Trustee to pay the taxes.
Section 5.05 Coordination with My Personal Representative
The following provisions are intended to help facilitate the coordination between my
Personal Representative, if any, and my Trustee. These provisions apply even if my
Personal Representative and my Trustee are the same person or entity.
(a) Reliance on My Personal Representative
My Trustee may rely upon the written request of my Personal
Representative for payments authorized under this Article and the amounts
included in such payments without computing the sums involved. If a
payment is made under this Article to my Personal Representative, my
Trustee shall not have any duty to inquire into the application of the
payment.
(b) Receipt of Probate Property
My Trustee may accept or decline any distributions of property tendered
to my Trustee by my Personal Representative. As to property deemed
acceptable by my Trustee, my Trustee may accept the property without
audit and without obligation to review the records of my Personal
Representative.
5-2
(c) Purchase of Assets from and Loans to My Probate Estate
My Trustee is authorized to purchase and retain, as an investment for my
trust estate, any property that forms a part of my probate estate. My
Trustee may make loans, with or without security, to my probate estate.
My Trustee shall not be liable for any loss suffered by my trust as a result
of the exercise of the powers granted to my Trustee in this subsection.
(d) Discretionary Distributions to My Personal Representative
My Trustee is authorized to distribute to my probate estate, as a
beneficiary of this trust, cash ar other trust property, including accrued
income, to whatever extent my Trustee determines it to be in the best
interests of the beneficiaries of my trust.
Section 5.06 Authority to Make Tax Elections
Following my death, I authorize my Trustee to make tax elections as provided in this
Section. If, however, a personal representative is appointed for my probate estate and as
my Personal Representative is the recipient of specific statutorily aelegated authority
relative to any tax election, the discretionary authority granted my Trustee relative to the
taY election shall be subordinate to the statutorily delegated authority.
My Trustee's authority to make tax elections shall include, but shall not be limited to, the
right to choose the alternate valuation date, the right to elect whether to take
administration expenses as estate tax deductions or income tax deductions, the right to
allocate my unused generation-skipping exemption to all or any portion of the trust
property, the right to make special use valuation elections, and the right to defer payment
of all or any portion of any t�es.
My Trustee may elect to treat my administrative trust as part of my estate for federal or
state income t�purposes or both.
5-3
Articie Six
Specific Distributions and Disposition of Tangible
Personal Property
Section 6.01 Specific Distribution to TRINITY UNITED METHODIST
CHURCH
Upon my death, my Trustee shall distribute the sum of $1,000.00 to the TRINITY
IINITED METHODIST CHURCH, located in New Cumberland, Pennsylvania, or its
successor in interest, to be used for its building fund.
If the TRINITY UNITED METHODIST CHURCH is no longer in existence and has no
successor in interest or its successors in interest cannot be identified with reasonable
certainty, this distribution shall lapse and the property subject to this distribution shall
instead be distributed under the other provisions of this agreement.
Section 6.02 Distribution of Tangible Personal Property by Memoranda
I reserve the right to make dispositions of items of tangible personal property by a signed
written memorandum executed after I sign this agreement that refers to my trust and lists
items of tangible personal property and designates the beneficiary of each item. If I
execute a memorandum, the memorandum is to be incorporated by reference into this
agreement to the extent permitted by law.
I direct that upon my death, my Trustee distribute the items of tangible personal property
listed in the memorandum, together with any insurance policies covering such property
and claims under such policies, as provided in the memorandum. Should I leave multiple
written memoranda that conflict as to the disposition of any item of tangible personal
property, the memorandum with the most recent date shall control as to those items that
are in conflict.
If the memorandum can not legally be incorporated by reference, the memorandum shall
then be treated as an amendment to my trust and I request that my Trustee follow my
wishes and distribute the items of tangible personal property listed in the memorandum
according to its terms.
Section 6.03 Distribution of Remaining Tangible Personal Property
My Trustee shall distribute any remaining tangible personal property not disposed of by a
written memorandum under the Articles that follow.
6-1
Section 6.04 Definition of Tangible Personal Property
For purposes of this Article, my tangible personal property shall include but not be
limited to my household furnishings, appliances and fixtures, works of art, motor
vehicles, pictures, collectibles, personal wearing apparel and jewelry, books, sporting
goods, and hobby paraphernalia.
My tangible personal property shall not include any property that my Trustee detertnines
to be part of any business or business interest owned by me or my trust.
If my Trustee receives property to be distributed under this Article from my probate
estate or in any other manner after my death, my Trustee shall distribute the property,
free of trust, in accordance with this Article. The fact that an item of tangible personal
property was not received by my trust until after my death shall not affect the validity of
the gift. If property to be distributed under this Article is not part of the trust property
upon my death and is not subsequently transferred to my Trustee from my probate estate
or in any other manner after my death, then the specific distribution of property made in
this Article sha11 be considered null and voic�, without any legal or binding effect.
Section 6.05 Encumbrances and Incidental Expenses of Tangible
Personal Property
My Trustee shall distribute property under this Article subject to any liens, security
interests or other encumbrances on the property.
My Trustee shall pay, as an administration expense, the reasonable expenses of storing,
insuring, packing, transporting and otherwise caring for my tangible personal property
until each item of property is actually delivered to the appropriate beneficiary.
Section 6.06 Residuary Distribution
Any tangible personal property not distributed under this or prior Articles of this
agreement shall be distributed as provided in the Articles that follow.
6-2
Article Seven
Distribution to My Beneficiaries
My Trustee shall administer my trust property as provided in this Article.
Section 7.01 Division of Remaining Trust Property
My Trustee shall divide my trust property into shares as follows:
Name Relationship Share
Lawrence D. Peirce son 40%
Lurae Louise Caparella daughter 40o/a
Barbara Harmon Sheffield niece 20P
My Trustee shall administer the share of each beneficiary as provided in the Sections that
follow.
Section 7.02 Distribution of the Share for Lawrence D. Peirce
My Trustee shall distribute the share set aside for Lawrence D. Peirce to him outright,
free of trust.
If Lawrence D. Peirce is deceased, my Trustee shall distribute Lawrence D. Peirce's
share as follows: 50% to Denise J. Peirce and 50% to Lurae Louise Caparella. If either
Denise J. Peirce or Lurae Louise Caparella is deceased, their respective shares shall be
distributed to the survivor of them, or, if none, my Trustee shall distribute the remaining
property as provided in Article Eight.
Section 7.03 Distribution of the Share for Lurae Louise Caparella
My Trustee shall distribute the share set aside for Lurae Louise Caparella to her outright,
free of trust.
If Lurae Louise Caparella is deceased, my Trustee shall distribute Lurae Louise
Caparella's share to Lawrence D. Peirce.
If Lawrence D. Peirce has predeceased me, my Trustee shall distribute the remaining
property as provided in Article Eight.
Section 7.04 Distribution of the Share for Barbara Harmon Sheffield
My Trustee shall distribute the share set aside for Barbara Harmon Sheffield to her
outright, free of trust.
If Barbara Harmon Sheffield is deceased, my Trustee shall distribute Barbara Harmon
Sheffield's share as follows: 50% to Lawrence D. Peirce and 50% to Lurae Louise
7-1
Caparella. If either Lawrence D. Peirce or Lurae Louise Caparella is deceased, their
respective shares shall be distributed to the survivor of them, or, if none, my Trustee shall
distribute the remaining property as provided in Article Eight.
7-2
Article Eight
Remote Contingent Distribution
If, at any time after my death, there is no individual beneficiary then qualified to receive
final distribution of the trust estate or any part of it under the foregoing provisions of this
agreement, then my Trustee shall distribute the portion of the trust estate with respect to
which the failure of qualified recipients has occurred in equal shares to TRI COLJNTY
ASSOCIATION FOR BLIND and the TRINITY LTNITED METHODIST CHURCH
NEW CUMBERLAND, PA or its successor in interest, to be used exclusively for its
general charitable purposes. If the organization has no successor in interest or its
successors in interest cannot be identified with reasonable certainty, then my Trustee
shall designate one or more charitable organizations having the same or similar charitable
purposes as one to receive all of the trust property. Each charitable arganization must be
a charity of a type described in Section 2055(a) of the Internal Revenue Code. My
Trustee shall determine the amounts, shares and interests of the distributions.
8-1
Articie Nine
Administration of Trusts for Underage and incapacitated
Beneficiaries
Section 9.01 Distributions for Underage and Incapacitated Beneficiaries
Whenever my Trustee is authorized or directed to make a distribution to a beneficiary
who is younger than 21 years of age, is incapacitated or who is, in my Trustee's opinion,
unable to manage the distribution properly, my Trustee may either make the distribution
or retain the amount to be distributed in any manner my Trustee may determine
advisable, including any of the methods set forth in the following Section.
I request, but do not require, that before making a distribution to a beneficiary, my
Trustee, to the extent that it is both reasonable and possible, consider the ability the
beneficiary demonstrated in managing prior distributions of trust property.
Section 9.02 Methods of Distribution
My Trustee may distribute or retain trust property in any one or more of the following
methods for the benefit of any beneficiary subject to the provisions of this Article:
(a) Distribution to Bene�ciary
My Trustee may distribute trust property directly to the beneficiary.
(b) Distribution to Guardian or Conservator or Family
Member
My Trustee may distribute trust property to the beneficiary's guardian,
conservator, paxent or a family member or other person who has assumed
the responsibility of caring for the beneficiary.
(c) Distribution to Custodian
My Trustee may distribute trust property to any person or entity, including
my Trustee, as custodian for the beneficiary under the Uniform Transfers
to Minors Act, or similar statute.
(d) Distribution to Other Persons or Entities
My Trustee may distribute trust property to other persons and entities for
the use and benefit of the beneficiary.
(e) Distribution to Agent under Durable Power of Attorney
My Trustee may distribute trust property to an agent or attorney-in-fact
authorized to act for the beneficiary under a legally valid durable power of
attorney executed by the beneficiary prior to the incapacity.
9-1
(fl Retention in Trust
My Trustee may retain trust property in a separate trust for the benefit of
the beneficiary until the beneficiary attains 21 years of age or, in the
opinion of my Trustee, is no longer incapacitated (as the case may be).
My Trustee shall distribute as much of the net income and principal of any
trust created under this subsection that my Trustee deems necessary or
advisable for the health, education, maintenance and support of the
beneficiary for whom the trust was created. My Trustee shal� accumulate
any undistributed net income and add such income to principal.
When the beneficiary for whom a trust is created under this subsection
attains 21 years of age or is no longer incapacitated (as the case may be),
the beneficiary may withdraw from the trust at any time or times any
portion or all of the accumulated trust income and principal.
If the beneficiary fails to survive the distribution of the beneficiary's trust,
my Trustee shall distribute the balance of the beneficiary's remaining trust
property as provided in Article Eight.
Section 9.03 Application of Article
Any decision made by my Trustee under this Article shall be final, controlling and
binding upon all beneficiaries subject to the provisions of this Article.
The provisions of this Article shall not apply to distributions to me.
9-2
Article Ten
Trust Administration
Section 10.01 Distributions to Beneficiaries
Whenever this agreement authorizes or directs my Trustee to make a distribution of net
income or principal to a beneficiary, my Trustee may apply for the benefit of the
beneficiary any property that otherwise could be distributed directly to the beneficiary.
My Trustee shall have no responsibility to inquire into the beneficiary's ultimate
disposition of the distributed property unless specifically directed otherwise by this
agreement.
My Trustee may make distributions in cash or in kind, or partly in each, in proportions
and at values determined by my Trustee. My Trustee may allocate undivided interests in
specific assets to a beneficiary or trust in any proportion or manner that my Trustee
determines, even though the property allocated to one beneficiary may be different from
that allocated to another beneficiary.
My Trustee may make these determinations without regard to the income tax attributes of
the property and without the consent of any beneficiary.
Section 10.02 No Court Proceedings
This trust shall be administered expeditiously, consistent with the provisions of this
agreement, free of judicial intervention, and without order, approval or action of any
court. The trust shall be subject to the jurisdiction of a court only if my Trustee or
another interested party institutes a legal proceeding. A proceeding to seek instructions
or a court determination shall be initiated in the court having original jurisdiction over
matters relating to the construction and administration of trusts. Seeking instructions or a
court determination shall not subject this trust to the continuing jurisdiction of the court.
Section 10.03 No Bond
My Trustee shall not be required to furnish any bond for the faithful performance of my
Trustee's duties. No surety shall be required on any bond required by any law or rule of
court.
Section 10.04 Exoneration of My Trustee
No successor Trustee is obligated to examine the accounts, records or actions of any
previous Trustee or of the personal representative of my estate. No successor Trustee
shall be in any way or manner responsible for any act or omission to act on the part of
any previous Trustee or the personal representative of my estate.
Unless a Trustee has received notice of removal, the Trustee shall not be liable to me or
to any beneficiary for the consequences of any action taken by the Trustee that would
10-1
have been, but for the prior removal of the Trustee, a proper exercise by the Trustee of
the authority granted to the Trustee under this agreement.
Any Trustee may request and obtain from the beneficiaries or from their legal
representatives, agreements in writing releasing the Trustee from any liability that may
have arisen from the Trustee's acts or omissions to act and indemnifying the Trustee from
liability for the acts or omissions. An agreement described in this paragraph, if acquired
from all the living beneficiaries of the trust or from their legal representatives, shall be
conclusive and binding upon all parties, born or unborn, who may have, or may in the
future acquire, an interest in the trust.
My Trustee may require a refunding agreement before making any distribution or
allocation of trust income or principal and may withhold distribution or allocation
pending determination or release of a tax lien or other lien. This refunding agreement
provision shall not apply to any distribution that qualifies for the federal estate tax
charitable deduction.
Section 10.05 Trustee Compensation
An individual serving as Trustee, other than me, shall be entitled to fair and reasonable
compensation for the services rendered as a fiduciary. A corporate fiduciary serving as
my Trustee shall be compensated by agreement with an individual Trustee or, in the
absence of an individual Trustee or in the absence of an agreement, in accordance with
the corporate fiduciary's published schedule of fees in effect at the time the services are
rendered.
In addition to receiving compensation, my Trustee may be reimbursed for reasonable
costs and expenses incurred in carrying out its duties under this agreement.
Section 10.06 Employment of Professionals
My Trustee may appoint, employ and remove, at any time and from time to time,
investment advisors, accountants, auditors, depositories, custodians, brokers, consultants,
attorneys, expert advisers, agents, and employees to advise or assist the Trustee in the
performance of its duties. My Trustee may act upon the recommendations of the persons
or entities employed with or without independent investigation.
My Trustee may reasonably compensate an individual or entity employed to assist or
advise my Trustee regardless of whether the person or entity shall be a Trustee of a trust
established under this agreement or a corporate affiliate of a Trustee and regardless of
whether the entity shall be one in which a Trustee of a trust created under this agreement
is a partner, member, stockholder, officer, director or corporate affiliate or has any other
interest.
My Trustee may pay the usual compensation for services contracted for under this
Section out of principal or income of the trust as my Trustee may deem advisable. My
Trustee may pay compensation to an individual or entity employed to assist or advise my
Trustee without diminution of or charging the same against the compensation to which
the Trustee is entitled under this agreement. Any Trustee who shall be a partner,
10-2
stockholder, officer, director or corporate affiliate in any entity employed to assist or
advise my Trustee shall nonetheless receive the Trustee's share of the compensation paid
to the entity.
Section 10.07 Determination of Principal and Income
The Pennsylvania Uniform Principal and Income Act shall govern beneficiaries' rights
among themselves in matters concerning principal and income. If the Pennsylvania
Uniform Principal and Income Act contains no provision concerning a particular item,
my Fiduciary shall determine in a fair, equitable and practical manner what shall be
credited, charged, and apportioned between principal and income.
Section 10.08 Trust Accounting
Except to the extent required by law, my Trustees shall not be required to file annual
accounts with any court or court official in any jurisdiction.
Upon the written request of a beneficiary, my Trustee shall render an accounting at least
annually to the income beneficiaries of the trust during the accounting period that
includes the date of the written request. The accounting shall include the receipts,
disbursements, and distributions occurring during the accounting period and a balance
sheet of the trust property if no tax return is filed, or may consist just of the tax return for
the accounting period if a tax return is filed for the trust.
In the absence of fraud or manifest error, the assent by all income beneficiaries to an
accounting of an Independent Trustee shall make the matters disclosed in the accounting
binding and conclusive upon all persons, both those in existence on the date of this
agreement and those to be born in the future who have, or will in the future have, a vested
or contingent interest in the trust property. In the case of a minor or incapacitated
beneficiary,that beneficiary's natural guardian or legal representative shall give the assent
required under this Section.
The failure of any person to object to any accounting by giving written notice to my
Trustee within 60 days of the person's receipt of a copy of-the accounting shall be
deemed to be an assent by such person.
The trust's financial records and documentation shall be available at reasonable times and
upon reasonable notice far inspection by trust beneficiaries and their representatives. My
Trustee shall not be required to furnish trust information regarding my trust to any
individual, corporation, or other entity that is not a beneficiary or the representative of a
beneficiary, and is not requesting the information pursuant to a valid court order.
Section 10.09 Action of Trustees; Disclaimer
Unless otherwise provided in this agreement, whenever I am serving as Trustee, I may
make all decisions and exercise all powers and discretions granted to my Trustee under
this agreement without the consent of any other Trustee.
10-3
When I am not serving as a Trustee, if two Trustees are eligible to act with respect to a
given matter, the concurrence of both shall be required for action to be taken; if more
than two Trustees are eligible to act with respect to a given matter, the concurrence of a
majority of my Trustees shall be required for action to be taken.
A nonconcurring Trustee may dissent or abstain from a decision of the majority. A
Trustee shall be absolved from personal liability by registering its dissent or abstention in
the records of the trust. Aft eces ar Sor a e r�opr aten o effectuat athehdecis'on lof he
other Trustees in any way n y pP
maj ority.
Notwithstanding any provision of this agreement to the contrary, any Trustee may
disclaim or release, in whole or in part,by an instrument in writing, any power it holds as
Trustee, irrevocably or for any period of time that the Trustee may specify. The Trustee
may make the relinquishment of a power personal to the Trustee or may relinquish the
power for all subsequent Trustees.
Section 10.10 Delegation of Trustee Authority; Power of Attorney
Subject to the limitations set forth in Section 11.18, any Trustee may, by an instrument in
writing, delegate to any other Trustee the right to exercise any power (including a
discretionary power) granted my Trustee in this agreement. During the time a delegation
under this Section is in effect, the Trustee to whom the delegation was made may
exercise the power to the same extent as if the delegating Trustee had personally joined in
the exercise of the power. The delegating Trustee may revoke the delegation at any time
by giving written notice of revocation to the Trustee to whom the power was delegated.
Unless a Trustee elects otherwise in a written instrument delivered to the other Trustees,
whenever I am not serving as a Trustee, if two or more Trustees are serving, any one
Trustee may sign any checks, agreements or other documents on behalf of the trust with
the same force and effect as if all Trustees had signed. Persons dealing with the signing
Trustee in good faith may rely upon the signing Trustee's authority to act on behalf of the
trust without inquiry as to the other Trustees' acquiescence to such action.
My Trustee may execute and deliver a revocable or irrevocable power of attorney
granting any individual or entity the power to transact any and all business on behalf of
my trust or any other trust created under this agreement. The power of attorney may
grant to the attorney-in-fact all of the rights, powers, and discretion that my Trustee is
entitled to exercise under this agreement.
Section 10.11 Additions to Separate Trusts
If upon the termination of any trust created under this agreement a final distribution is to
be made to a person who is the onlyhbe dist ibu on to�ther ercond r trust n s ad hof
agre e m e n t, m y T r u s t e e s h a l l m a k e t
distributing the property to the beneficiary outright. For purposes of administration, my
Trustee shall treat the distribution as though it had been an origina l part o f t he second
trust.
10-4
Section 10.12 Authority to Merge or Sever Trusts
My Trustee may merge and consolidate a trust created under this agreement with any
other trust, if the two trusts contain substantially the same terms for the same
beneficiaries and at least one Trustee in common.
My Trustee may administer the merged and consolidated trust as a single trust or unit. If,
however, a merger or consolidation does not appear feasible, my Trustee may consolidate
the assets of the trusts for purposes of investment and trust administration while retaining
separate records and accounts for each respective trust.
My Trustee may sever any trust on a fractional basis into two or more separate and
identical trusts or may segregate a specific amount or asset from the trust property by
allocation to a separate account or trust. Income earned on a segregated amount or
specific asset after the segregation passes with the amount or asset segregated. My
Trustee shall hold and administer each separate trust upon terms and conditions
substantially identical to those of the trust from which it was severed.
Subject to the terms of the trust, my Trustee may consider differences in federal tax
attributes and other pertinent factors in administering the trust property of any separate
account or trust, in making applicable tax elections, and in making distributions. A
separate trust created by severance must be treated as a separate trust for all purposes
from the date on which the severance is effective; however, the effective date of
severance may be retroactive to a date before the date on which my Trustee exercises the
power.
Section 10.13 Authority to Terminate Trusts
If, at any time, my Trustee, other than an Interested Trustee, determines that a trust
created under this agreement is no longer economical or is otherwise inadvisable to
administer as a trust, or if my Trustee, other than an Interested Trustee, deems it to be in
the best interest of my beneficiaries, my Trustee, without further responsibility, may
terminate the trust and distribute the trust property, including any undistributed net
income, in the following order of priority:
To me, if I am then living;
To the beneficiaries then entitled to mandatory distributions of net income
of the trust and in the same proportions; and
If none of the beneficiaries are entitled to mandatory distributions of net
income, to the beneficiaries then eligible to receive discretionary
distributions of net income of the trust, in such amounts and shares as my
Trustee, other than an Interested Trustee, may determine.
Section 10.14 Merger of Corporate Fiduciary
If any corporate fiduciary acting as my Trustee under this agreement is merged with or
transfers substantially all of its trust assets to another corporation or if a corporate
fiduciary changes its name, the successor shall automatically succeed to the trusteeship as
10-5
if originally named a Trustee. No document of acceptance of trusteeship shall be
required.
Section 10.15 Beneficiary's Status
Until my Trustee receives notice of the incapacity, birth, marriage, death or other event
upon which a beneficiary's right to receive payments may depend, my Trustee shall not
be liable for acting or failing to act with respect to the event or for disbursements made in
good faith to persons whose interest may have been affected by such event. Unless
otherwise provided in this agreement,the parent or legal representative may act on behalf
of a beneficiary who is a minor or is incapacitated.
My Trustee may rely on any information provided by a beneficiary with respect to the
beneficiary's assets and income. My Trustee shall have no independent duty to
investigate the status of any beneficiary and shall not incur any liability for failure to do
so.
Section 10.16 Discharge of Third Persons
Persons dealing in good faith with my Trustee shall not be required to see to the proper
application of money paid or property delivered to my Trustee, or to inquire into the
authority of my Trustee as to any transaction. The receipt from my Trustee for any
money or property paid, transferred or delivered to my Trustee shall be a sufficient
discharge to the person or persons paying, transferring or delivering the money or
property from all liability in connection with its application.
Section 10.17 Certificate by Trustee
A written statement of my Trustee may always be relied upon by, and shall always be
conclusive evidence in favor of, any transfer agent or any other person dealing in good
faith with my Trustee in reliance upon the statement.
Section 10.18 Funeral and Other Expenses of Beneficiary
Upon the death of an income beneficiary my Trustee may pay the funeral expenses,
burial or cremation expenses, enforceable debts and other expenses incurred due to the
death of the beneficiary from trust property. This Section shall only apply to the extent
the income beneficiary has not exercised any testamentary power of appointment granted
to him under this agreement.
My Trustee may rely upon any request by the personal representative or members of the
family of the deceased beneficiary for payment without verifying the validity or the
amounts and without being required to see to the application of the amounts so paid. My
Trustee may make decisions under this Section without regard to any limitation on
payment of expenses imposed by statute or rule of court and may be made without
obtaining the approval of any court having jurisdiction over the administration of the
deceased beneficiary's estate.
10-6
Article Eleven
My Trustee's Powers
Section 11.01 Introduction to Trustee's Powers
Except as otherwise specifically provided in this agreement, my Trustee may exercise,
without prior approval from any court, all the powers conferred by this agreement and
any powers conferred by law, including, without limitation, those powers set forth under
the common law or statutory law of the Commonwealth of Pennsylvania or any other
jurisdiction whose law applies to this trust. The powers set forth in Probate, Estates and
Fiduciaries Code are specifically incorporated into this trust agreement. The powers
conferred upon my Trustee b el s b ct tolany expres�s limitatnons or contrary dir ctions
and Fiduciaries Code, shall b )
contained in this agreement.
My Trustee shall exercise these powers in the manner my Trustee determines to be in the
best interests of the beneficiaries. My Trustee shall not exercise any of its powers in a
manner that is inconsistent with�th��h the f ene al pr nc ples of the aw of trusts.�oyment
of the trust property m accordan g
The Trustee of a trust may have duties and responsibilities in addition to those described
in this agreement. I encourage my Trustee to obtain appropriate legal advice if my
Trustee has any questions concerning its duties and responsibilities as Trustee.
Section 11.02 Execution of Documents by My Trustee
My Trustee may execute and deliver any and all instruments in writing that my Trustee
considers necessary to carry out any of the powers granted in this agreement.
Section 11.03 Investment Powers in General
My Trustee may invest in any type of investment that my Trustee determines is consistent
with the investment goals of my trust,whether inside or outside the geographic borders of
the United States of America and its possessions or territories, taking into account my
trust's overall investment portfolio.
Without limiting my Trustee's investment authority in any way, I request that my Trustee
exercise reasonable care and skill in selecting and retaining trust investments. I also
request that my Trustee take into account the following factors in choosing investments
for my trust:
The potential return from the investment, both in the form of income and
appreciation;
The potential income tax consequences of the investment;
The investment's potential for volatility; and
The role the investment will play in the trust's portfolio.
11-1
I request that my Trustee, in arranging the investment portfolio of the trust, also consider
the possible effects of inflation or deflation, changes in global and U.S. economic
conditions,transaction expenses, and the trust's need for liquidity.
My Trustee may delegate its discretion to manage trust investments to any registered
investment adviser or corporate fiduciary.
Section 11.04 Banking Powers
My Trustee may establish bank accounts of any type in one or more banking institutions
that my Trustee may choose. My Trustee may open accounts in the name of my Trustee
(with or without disclosing fiduciary capacity) or in the name of the trust. When an
account is in the name of the trust, checks on that account and authorized signatures need
not disclose the fiduciary nature of the account or refer to any trust or Trustee.
An account from which my Trustee makes frequent disbursements need not be an interest
bearing account. My Trustee may authorize withdrawals from an account by check, draft
or other instrument or in any other manner.
Section 11.05 Contract Powers
My Trustee may sell at public or private sale, transfer, exchange for other property, and
otherwise dispose of trust property for consideration and upon terms and conditions that
my Trustee deems advisable. My Trustee may grant options of any duration for any such
sales, exchanges, or transfers of trust property.
My Trustee may enter into contracts, and may deliver deeds or other instruments,that my
Trustee deems appropriate.
Section 11.06 Common Investments
For purposes of convenience with regard to the administration and investment of the trust
property, my Trustee may invest part or all of the trust property jointly with trust property
of other trusts for which my Trustee is also serving as a Trustee. For this purpose, a
corporate fiduciary acting as my Trustee may use common funds for investment.
When trust property is managed and invested in this manner, my Trustee shall maintain
records that sufficiently identify that portion of the jointly invested assets that constitute
the trust property of this trust.
Section 11.07 Environmental Powers
My Trustee shall have the right to inspect trust property to determine compliance with or
to respond to any environmental law affecting the trust property. "Environmental law"
shall mean any federal, state, or local law, rule, regulation, or ordinance relating to
protection of the environment or of human health.
11-2
My Trustee may refuse to accept p ardous ubstan estor as tormwassused tforpanpepurpose
may be contaminated by any ha
involving hazardous substances that could create liability to the trust or to my Trustee.
My Trustee may use and expend trust property to (i) conduct environmental assessments,
audits or site monitoring; (ii) take remedial action to contain, clean up or remove any
�...� .
hazardous substance including a spill, discharge or contamination; iil institute, contes
or settle legal proceedings brought by a private litigant or any local, state, or federal
agency concerned with environmental compliance; (iv) comply with any order issued by
any court or by any local, state, or federal agencyd ir lo in a ents,s consultan saandelegal
clean-up of any hazardous substance; and (v) p y g
counsel to assist my Trustee in these actions.
My Trustee shall not be liable for any loss or reduction in value sustained by my trust as a
result of my Trustee's retention of property on which hazardous materials or substances
requiring remedial action are discoveredm sconduct o grtoss neglig ntce.to the resulting
loss or reduction in value through willfu
My Trustee shall not be liable to any beneficiary or to any other party for any decrease in
the value of trust property as a result of my Trustee's compliance with any environmental
law, including any reporting requirement.
My Trustee may release, relinquish or disclaim any power held by my Trustee that my
Trustee determines may cause my Trustee to incur individual liability under any
environmental law.
Section 11.08 Insurance Powers
My Trustee may purchase, accept, hold, and deal with as owner, policies of insurance on
my life, the life of any beneficiary, or on the life of any person in whom any beneficiary
has an insurable interest.
My Trustee may purchase disability, medical, liability, long-term health care and other
insurance on behalf of and for the benefit of any beneficiary. My Trustee may purchase
annuities and similar investments for any beneficiary.
My Trustee shall ha�e the power to execute or cancel any automatic premium loan
agreement with respect to any policy, and shall have the power to elect or cancel any
automatic premium loan provision in a life insurance policy. My Trustee may borrow
money to pay premiums due on any policy, either by borrowing from the company
issuing the policy or from another source. My Trustee may assign the policy as security
for the loan.
My Trustee shall have the power to exercise any option contained in a policy with regard
to any dividend or share of surplus apportioned to the policy, to reduce the amount of a
policy or convert or exchange the policy, or to surrender a policy at any time for its cash
value.
My Trustee may elect any paid-up insurance or extended term insurance nonforfeiture
option contained in a policy.
11-3
My Trustee shall have the power to sell any policy at its fair market value to anyone
having an insurable interest in the policies including the insured.
My Trustee shall ha�e the right to exercise any other right, option, or benefit contained in
a policy or permitted by the insurance company issuing the policy.
Upon termination of the trust, my Trustee shall have the power to transfer and assign the
policies held by the trust as a distribution of trust property.
Section 11.09 Loans and Borrowing Powers
My Trustee may make secured or unsecured loans to any person (including a
beneficiary), entity, trust or estate, for any term or payable on demand, with or without
interest. My Trustee may enter into oramod�fa t andemay�el ase o� fo ecloses on the
agreement granted in connection with y
mortgage or security.
My Trustee may borrow money at interest rates and on other terms that it deems
advisable from any person, institution or other source including, in the case of a corporate
fiduciary, its own banking or commercial lending department.
My Trustee may encumber trust property by mortgages, pledges and other hypothecation
and shall have the power to enter into any mortgage, whether as a mortgagee or
mortgagor even though the term may extend beyond the termination of the trust and
beyond the period that is required for an interest created under this agreement to vest in
order to be valid under the rule against perpetuities.
My Trustee may purchase, sell at public or private sale, trade, renew, modify, and extend
mortgages. My Trustee may accept deeds in lieu of foreclosure.
Section 11.10 Nominee Powers
My Trustee may hold real estate, securiti sclos nan hetexistens epo fany trusthor fiducoary
nominee or in any other form wrthout d S
capacity.
Section 11.11 Payment of Taxes and Expenses
Except as otherwise provided in this agreement, my Trustee is authorized to pay all
property taxes, assessments, fees, charges, and other expenses incurred in the
administration or protection of the trust. All payments shall be a charge against the trust
property and shall be paid by my Trustee out of the income, or to the extent that the
income is insufficient, then out of the principal of the trust property. The determination
of my Trustee with respect to the payment of expenses shall be conclusive upon the
beneficiaries.
11-4
Section 11.12 Qualified Real Property Valuation
My Trustee, other than an Interested Trustee, shall have the power to amend the terms of
a trust holding "qualified real property" as defined in Section 2032A of the Internal
Revenue Code, in order to permit the qualified real property to qualify or continue to
qualify for special use valuation permitted under Section 2032A, even if the amendment
changes beneficial interests and that directs the segregation of trust property into more
than one trust.
Section 11.13 Real Estate Powers
My Trustee may sell at public or private sale, convey, purchase, exchange, lease for any
period, mortgage, manage, alter, improve and in general deal in and with real property in
such manner and on such terms and conditions as my Trustee deems appropriate.
My Trustee may grant or release easements in or over, subdivide, partition, develop, raze
improvements, and abandon, any real property.
My Trustee may manage real estate in any manner that my Trustee deems best and shall
have all other real estate powers necessary for this purpose.
My Trustee may enter into contracts to sell real estate. My Trustee may enter into leases
and grant options to lease trust property even though the term of the agreement extends
beyond the termination of the trust and beyond the period that is required for an interest
created under this agreement to vest in order to be valid under the rule against
perpetuities. For such purposes, my Trustee may enter into any contracts, covenants and
warranty agreements that my Trustee deems appropriate.
Section 11.14 Residences and Tangible Personal Property
My Trustee may acquire, maintain and invest in any residence for the use and benefit of
the beneficiaries, whether or not the residence is income producing and without regard to
the proportion that the value of the residence may bear to the total value of the trust
property and even if retaining the residence involves financial risks that trustees would
not ordinarily incur. My Trustee may pay or make arrangements for others to pay all
carrying costs of the residence, including, but not limited to, taxes, assessments,
insurance, expenses of maintaining the residence in suitable repair, and other expenses
relating to the operation of the residence for the benefit of the beneficiaries.
My Trustee may acquire, maintain and invest in articles of tangible personal property,
whether or not the property is income producing, and may pay the expenses of the repair
and maintenance of the property.
My Trustee shall have no duty to convert the property referred to in this Section to
productive property except as required by other provisions of this agreement.
My Trustee may permit any income beneficiary of the trust to occupy any real property
or use any personal property OWTIed b ee OT 1riuCOriS1C�8T3 on for he payment of taxes,
Trustee may determine, including ren
insurance, maintenance, repairs, or other charges.
11-5
My Trustee shall have no liabiliired under t e author ty of this Sectionult of the retention
of any property retained or acqu
Section 11.15 Retention and Abandonment of Trust Property
My Trustee may retain, without liability for depreciation or loss resulting from retention,
any property constituting the trust at the time of its creation, at the time of my death or as
the result of the exercise of a stock option. My Trustee may retain property,
notwithstanding the fact that the property may not be of the character prescribed by law
for the investment of assets held by a fiduciary, and notwithstanding the fact that
retention may result in inadequate diversification under any applicable Prudent Investor
Act or other applicable law.
My Trustee may hold property that is non-income producing or is otherwise
nonproductive if holding the property is, in the sole and absolute discretion of my
Trustee, in the best interests of the beneficiaries. On the other hand, except when I am
serving as a Trustee, my Trustee shall invest contributions of cash and cash equivalents
as soon as reasonably practical after the assets have been acquired by the trust. My
Trustee is permitted to retain a reasonable amount in cash or money market accounts in
order to pay anticipated expenses and other costs and to provide for anticipated
distributions to or for the benefit of a beneficiary.
My Trustee may abandon any trust property that my Trustee deems to be of insignificant
value.
Section 11.16 Securities, Brokerage and Margin Powers
My Trustee may buy, sell, trade and otherwise deal in stocks, bonds, investment
companies, mutual funds, common trust funds, commodities, optT�sand�aer�s�e te lt��s
of any kind and in any amount, including short sales. My Y
purchase call ar put options, and other derivative securities. My Trustee may maintain
margin accounts with brokerage firms and may pledge securities to secure loans and
advances made to my Trustee or to or for the benefit of a beneficiary.
My Trustee may place all or any part of the securities held by the trust in the custody of a
bank or trust company• My Trustee may have all securities registered in the name of the
bank or trust company or in the name of its nominee. My Trustee may appoint the bank
or trust company as the agent or attorney in fact to collect, receive, receipt for and
disburse any income and generally to perform the duties and services incident to a
custodian of accounts.
My Trustee may employ a broker-dealer as a custodian for securities held by the trust and
may register the securities in the name of the broker-dealer or in the name of a nominee
with or without the addition of words indicating that the securities are held in a fiduciary
capacity. My Trustee may hold secu rtbook-entrTe system, such as The Deposi ory Tru t
central depository, clearmg agency o Y
Company,Euroclear or the Federal Reserve Bank of New York.
11-6
My Trustee may participate in any reorganization, recapitalization, merger or similar
transaction. My Trustee may exercise or sell conversion or subscription rights for
securities of all kinds and description.
My Trustee may give proxies or powers of attorney that may be discretionary and with or
without powers of substitution. My Trustee may vote or refrain from voting as to any
matter.
Section 11.17 Settlement Powers
My Trustee may settle, by compromise, adjustment, arbitration or otherwise any and all
claims and demands in favor of or against the trust. My Trustee may release or abandon
any claim in favor of the trust.
Section 11.18 Limitation on My Trustee's Powers
All powers granted to my Trustee under this agreement or by applicable law shall be
limited as set forth in this Section, unless explicitly excepted by reference to this Section.
The limitations set forth in this Section shall not apply to me.
An Interested Trustee may not exercise or participate in the exercise of discretion with
respect to the distribution of income or principal, or the termination of the trust to or for
the benefit of a beneficiary, to the extent that the exercise of such discretion is other than
for the health, education, maintenance or support of a beneficiary as described under
Sections 2041 and 2514 of the Internal Revenue Code.
11-7
Article Twelve
General Provisions
Section 12.01 Spendthrift Trust Provision
This Trust, and all Trusts created hereunder, are intended to qualify as Spendthrift Trusts.
In addition, all interests in this Trust, or in any Trust hereunder, are intended for the
personal protection and welfare of Grantor's named beneficiaries, and no beneficiary
shall be allowed to voluntarily or involuntarily assign or anticipate his or her interest in
the income or principal of this Trust of an y benefic ary, hall�b all wed to attach or
creditors, nor a spouse or former spouse y
otherwise reach any such interest before actual payment to the beneficiary.
If any beneficiary shall become the subject of a judgment ar court arder, then during the
period in which such judgment or court order remains in effect, such beneficiary shall
only be permitted to receive distributions from any Trust created for the benefit of such
beneficiary at the discretion of the Trustees. This limitagonyasrovis onsrw'hhin the
beneficiary to receive a distribution shall apply notwithstandin an p
trust for such beneficiary which authorize distributions for the health, education, support
or maintenance of such beneficiary. In addition, if any beneficiary shall become the
subject of a judgment or court order, and such beneficiary is only entitled to discretionary
distributions from a Trust created for their benefit, it shall not be an abuse of discretion
by the Trustees to withhold distributions to such beneficiary while such judgment or
court order is in effect.
If the Trustees determine that a beneficiary would not benefit as greatly from any outright
distribution of Trust income or principal because of ead aexl end lthoset amounts fo� the
the beneficiary's creditors, the Trustees shall inst p
benefit of the beneficiary. This direction is intended to enable the Trustees to give the
beneficiary the maximum possible benefit and enjoyment of all of the Trust income and
principal to which the beneficiary is entitled.
Nothing contained in this Section shall restrict in any way the exercise of any power of
appointment granted in this agreement.
Section 12.02 Contest Provision
If, after receiving a copy of this Section, any person shall, in any manner, directly or
indirectly, attempt to contest or oppose the validity of this agreement, (including any
amendment to this agreement), or comme such cerston shallrforfe t his or her sharel
proceedings to set this agreement aside, then p
cease to have any right or interest in the trust property, and shall, for purposes of this
agreement be deemed to have predeceased me.
This Section shall not apply so as to cause a forfeiture of any distribution otherwise
qualifying for the federal estate tax charitable deduction.
12-1
Section 12.03 Survivorship Presumption
If any beneficiary is living at my dea�edecea d metfor purposes of this agreemenhen the
beneficiary shall be deemed to have p
Section 12.04 Changing the Situs of Administration
My Trustee may, at any time, remove all or any part of the property or the situs of
administration of the trust from one jurisdiction to another. My Trustee may elect, by
filing an instrument with the trust records, that the trust shall thereafter be construed,
regulated and governed as to administration by the laws ou those em JuTrustee de ms
Trustee may take action under this Section for any p rp Y
appropriate, including the minimization of any t�es in respect of the trust or any
beneficiary of such trust.
If necessary, the beneficiaries entitled to receive distributions of net income under the
trust may, by majority consent, appoint a corporate fiduciary in the new situs. If a
beneficiary is a minor or is incapacitated, the parent or legal representative of the
beneficiary may act on behalf of the beneficiary.
Section 12.05 Definitions
For purposes of this agreement,the following terms shall have the following meanings:
(a) Adopted Persons
A legally adopted person in any generation and his or her descendants,
including adopted descendants, shall have the same rights and be treated in
the same manner under this agreement as natural children of the adopting
parent, provided such person is legally adopted prior to attaining the age
of 18 years. A person shall be deemed to be legally adopted if the
adoption was legal in the jurisdiction in which it occurred at the time that
it occurred.
(b) Agreement
The term "this agreement" means this trust agreement and includes all
trusts created under the terms of this agreement.
(c) Charitable Organization
The terms "charitable organization," "qualified charitable organization,"
or "charity" means any charitable organization of a t o f hecrInt rn 1
Sections 1 7 0(b)(1)(A), 1 7 0(c), 2055(a), and 2522(a)
Revenue Code.
(d) Descendants
The term "descendants" shall include a person's lineal descendants of all
generations.
12-2
(e) Education
The term "education" is intended to be an ascertainable standard in
accordance with Section 2041 and Section 2514 of the Internal Revenue
Code and shall include,but not be limited to:
Enrollment at private elementary, junior and senior high
school including boarding school;
Undergraduate and graduate study in any field at a college
or university;
Specialized, vocational or professional training or
instruction at any institution, including private instruction;
and
Any other curriculum or activity that my Trustee may deem
useful for developing the abilities and interests of a
bene�iciary including, without limitation, athletic training,
musical instruction,theatrical training, the arts and travel.
The term "education" shall also include distributions made by my Trustee
for expenses such as tuition, room and board, fees, books and supplies,
tutoring and transportation and a reasonable allowance for living expenses.
(fl Incapacity
Except as otherwise provided in this agreement, a person shall be deemed
incapacitated in any one of the following circumstances.
(1) The Opinion of Two Licensed Physicians
An individual shall be deemed incapacitated whenever, in
the opinion of two licensed physicians, the individual is
unable to effectively manage his or her property or
financial affairs, whether as a result of age, illness, use of
prescription medications, drugs or other substances, or any
other cause.
An individual shall be deemed restored to capacity
whenever the individual's personal or attending physician
provides a written opinion that the individual is able to
effectively manage his or her property and financial affairs.
(2) Court Determination
An individual shall be deemed incapacitated if a court of
competent jurisdiction has declared the individual to be
disabled, incompetent or legally incapacitated.
(3) Detention, Disappearance or Absence
An individual shall be deemed incapacitated whenever he
or she cannot effectively manage his or her property or
financial affairs due to the individual's unexplained
12-3
disappearance or absence for more than 30 days, or
whenever he or she is detained under duress.
An individual's disappearance or absence or detention
under duress may be established by an affidavit of my
Trustee, or, if no Trustee is serving, by the affidavit of any
beneficiary. The affidavit shall describe the circumstances
of the individual's disappearance, absence or detention and
may be relied upon by any third party dealing in good faith
with my Trustee in reliance upon the affidavit.
(g) Income Beneficiary
The term "income beneficiary" means any beneficiary who is then entitled
to receive distributions of the net income of the trust, whether mandatory
or discretionary.
Unless otherwise provided in this agreement, the phrase "majority of the
income beneficiaries" means any combination of income beneficiaries
who, if all accrued net income were distributed on the day of a vote by the
beneficiaries, would receive more than 50% of the accrued net income.
For purposes of this calculation, beneficiaries who are eligible to receive
discretionary distributions of net income shall be deemed to receive the
income in equal shares.
References to a "majority" refer to a majority of the entire trust
collectively until my Trustee allocates property to separate trusts or trust
shares. After the allocation of property to separate trusts or trust shares,
references to a"majority" refer to a majority of each separate trust or trust
share.
(h) Independent Trustee
The term "Independent Trustee" means a Trustee who is not an Interested
Trustee as defined in subsection (i). Only an Independent Trustee may
exercise those powers granted exclusively to an Independent Trustee and
when the phrase "other than an Interested Trustee" is used. Whenever this
agreement specifically prohibits an Interested Trustee from exercising
discretion or performing an act, then only an Independent Trustee may
exercise that discretion or perform that act. An Independent Trustee shall
not be liable to any person for any good faith exercise or nonexercise of its
discretion under this agreement.
(i) Interested Trustee
The term "Interested Trustee" means (1) a Trustee who is a transferor of
property to the trust (including a person whose qualified disclaimer
resulted in property passing to the trust); (2) a Trustee who is a beneficiary
of the trust; ar (3) a Trustee whom a beneficiary of the trust can remove
and replace by appointing a Trustee that is related or subordinate to the
beneficiary within the meaning of Section 672(c) of the Internal Revenue
Code.
12-4
For purposes of this subsection"a beneficiary of the trust" means a person
who is or in the future may be eligible to receive income or principal from
the trust pursuant to the terms of the trust. A person shall be considered a
beneficiary of a trust even if he or she has only a remote contingent
remainder interest in the trust; however, a person shall not be considered a
beneficiary of a trust if the person's only interest is as a potential
appointee under a testamentary power of appointment.
(j) Internal Revenue Code and Treasury Regulations
References to the "Internal Revenue Code" or to its provisions are to the
Internal Revenue Code of 1986, as amended from time to time, and the
corresponding Treasury Regulations, if any. References to the "Treasury
Regulations," are to the Treasury Regulations under the Internal Revenue
Code in effect from time to time. If a particular provision of the Internal
Revenue Code is renumbered, or the Internal Revenue Code is superseded
by a subsequent federal tax law, any reference shall be deemed to be made
to the renumbered provision or to the corresponding provision of the
subsequent law, unless to do so would clearly be contrary to my intent as
expressed in this agreement. The same rule shall apply to references to the
Treasury Regulations.
(k) Legai Representative or Personal Representative
As used in this agreement, the term "legal representative" or "personal
representative" means a person's guardian, conservator, executor,
administrator, Trustee, or any other person or entity personally
representing a person or the person's estate.
(I) Per Stirpes
Whenever a distribution is to be made to a person's descendants "per
stirpes," the distribution shall be divided into as many shares as there are
then living children of the person and deceased children of the person who
left then living descendants. Each then living child shall receive one share
and the share of each deceased child shall be divided among the child's
then living descendants in the same manner.
(m) Shall and May
Unless otherwise specifically provided in this agreement or by the context
in which used, I use the word"shall" in this agreement to command, direct
or require, and the word "may" to allow or permit, but not require. In the
context of my Trustee, when I use the word "may" I intend that my
Trustee may act in its sole and absolute discretion unless otherwise stated
in this agreement.
(n) Trust
The terms "this trust" or "this trust agreement" shall refer to this
agreement and all trusts created under the terms of this agreement.
12-5
(o) Trustee
The term "my Trustee" or"Trustee" refers to the Trustee named in Article
One and to any successor, substitute, replacement or additional person,
corporation or other entity that is from time to time acting as the Trustee
of any trust created under the terms of this agreement. The term"Trustee"
refers to singular or plural as the context may require.
(p) Trustor
The term "Trustor" shall have the same legal meaning as "Grantor,"
"Settlor" or any other term referring to the maker of a trust.
(q) Trust Property
The phrase "trust property" shall be construed to mean all property held by
my Trustee under this agreement, including all property that my Trustee
may acquire from any source.
Section 12.06 General Provisions and Rules of Construction
The following general provisions and rules of construction shall apply to this agreement:
(a) Duplicate Originals
This agreement may be executed in any number of counterparts, each of
which shall be deemed to be an original. Any person may rely upon a
copy of this agreement certified under oath by my Trustee to be a true
copy,to the same effect as if it were an original.
(b) Singular and Plural; Gender
Unless the context requires otherwise, words denoting the singular may be
construed as plural and words of the plural may be construed as denoting
the singular. Words of one gender may be construed as denoting another
gender as is appropriate within the context. The word "or" when used in a
list of more than two items may function as both a conjunction and a
disjunction as the context requires ar permits.
(c) Headings of Articles, Sections, and Subsections
The headings of Articles, Sections, and subsections used within this
agreement are included solely for the convenience and reference of the
reader. They shall have no significance in the interpretation or
construction of this agreement.
(d) Governing State Law
This agreement shall be governed, construed and administered according
to the laws of the Commonwealth of Pennsylvania as from time to time
amended, except as to trust property required by law to be governed by the
laws of another jurisdiction and unless my Trustee elects to change the
Situs of Administration as provided in Section 12.04.
12-6
(e) Notices
Unless otherwise stated, whenever this agreement calls for notice, the
notice shall be in writing and shall be personally delivered with proof of
delivery, or mailed postage prepaid by certified mail, return receipt
requested, to the last known address of the party requiring notice. Notice
shall be effective on the date personally delivered or on the date of the
return receipt. If a party giving notice does not receive the return receipt
but has proof that he or she mailed the notice, notice shall be effective on
the date it would normally have been received via certified mail. If notice
is required to be given to a minor or incapacitated individual, notice shall
be given to the parent or legal representative of the minor or incapacitated
individual.
(fl Severability
The invalidity or unenforceability of any provision of this agreement shall
not affect the validity or enforceability of any other provision of this
agreement. If a court of competent jurisdiction determines that any
provision is invalid, the remaining provisions of this agreement shall be
interpreted and construed as if the invalid provision had never been
included in this agreement.
I have executed this restated trust agreement on this day, � r , 2013.
I certify to the officer taking my acknowledgment that I have ad this restated trust
agreement, that I understand it, and that it correctly states the provisions under which my
trust property is to be administered and distributed by my Trustee.
t�
��
B. Wyllene Peirce, Trustor and Trustee
12-7
COMMONWEALTH OF PENNSYLVANIA )
) ss.
COUNTY OF CUMBERLAND )
On this day, � , 2013, before me personally appeared B.
Wyllene Peirce, as Tru r and as Trustee, personally known to me (or proved to me on
the basis of satisfactory evidence)led ed that she execut d the same as her vo 1 ntary act
foregoing instrument, and acknow g
and deed for the purposes therein contained.
Witness my hand and official seal.
[SEAL]
CAMMONWEALTH OF'A�NNSYLVANIA .�
NoWrial Seal / n .�� � ,�„+Q,�/��(.- C��1�-�
Cassandra T.Rosenbaum,Notary Public '��`�«�
Lower Paxton Twp.,Dauphin County Notary Public
My Commissbn Explres Dec.4,2016
MEMBER,PENNSYLVANIA ASSOCIA7ION Of NOTARIES
12-8
Schedule A
Ten Dollars Cash
A - 1
OMB Approval No.2502-0265
.����. A. Settlement Statement (HUD-1)
�
.- . .
8.File Number: Y�L'��7�;er: 8.Mortgage insurence Case Num r:
�,Q FHA 2.Q RHS 3.Q Conv.Unina ���
4.Q VA 5.Q Conv.Ins.
C.Note:miso�^�re paid utside e�dosingt they are shownhereetor info atlanal purposestand are not included in the(otais.re ahown Items marked
(P� )" F.Name&Address of Lender:
D.Name&Address of Borrower. ���,c
E.Nam &Address of Seller.
Margaret A.Gilhoofy Denlse J.Reace�Trustee fa l�e B.Wyllene Pelrce Trusl ResidenUal Mort9age Services� oa
417 Clover Road,Eriers,PA 17319 1354 Sugar Maple Court,New Cumberland,PA 17070 �C�hAstopher Tappl D�Ive,South FoNand,ME
H.Settleme A9ent 1.Settlement Date:0311'V2015
G.Property LocaUon: Disbursement Date:03H'V2015
1354 Sugar Maple Courl 1st Advantage Settiement Servlces Inc.
New Cumberland,PA 170T0 6375 Mercury�rlve�Suite 102,Mechanicsburg,PA 17050
Lower Allen Townsh�P ����rg�_7755
place of Settlement
TitleEx ress
6375 Mercur/Ddve,Suite 102,Mechanlcsburg,PA 17�`a0 by^�����015 at 3:51 pm
. '
, • :• • • • • ' qpp. Gross Amount Due W Seller 169,500.00
100. Grosa Amount Due Trom Borrower 169�500.00 401. Contract sales price
101. Cantrad sales price 402. Personal ro
102. Personai ro 9,403.97 403.
103. Setdement c�arges to bortowe�(Iine 1400) �.
104. 405.
105. Ad uadneeb fo�itema ald aeller in advance
Ad ustmenb for itema aid b seller ln edvance � ���yn��� to
106, Citylta►m texes �0 031111Z015 to 1213112015 �6.�
ta m 676.08 407. County taxes
107. County taxes 03I1112015 to 1?l3112015 03/1112015 to 0613012U15 '�1.�
03111l2015 ta 0613012015 481.84 408. Schod Taxes �1112015 to 03I3112015 77.90
108. School Taxes 77.gp 409. Mar�h HO Dues 30.12
109. M�ch HO Dues 03l11@015 to 03/3112015 3p.12 410. 1st�tr SewerlRefuse 0311112015 to 0313112015
110. 1 st Qtr SewedRefuse 0311112015 l0 0313112015 411.
111• 412• 170,T65.92
112• 180,169.89 420. Grws Amount Due to Seller
120. Gross Amount Due irom Borrower 500. Reducflons In Amount Due M Seller
2�p. pmouMs Peld b or in Behalf of Borrower ��.� �1, ���posit(see Instntt:Uons) 14,587.46
201. Deposit or eamest moneY 152,550.00 502. SetUement charges to setler(rne 1400)
202. PdnciPal amount of new laan(s) r�. ExisUn loa s taken su ecl to 25,111.59
203. Exis�n I s taken sub ed to 1,333.00 504. PayoN of fl�st mortga9e loan to Cftl Mal9age
204. Lender Credlt 15.00 505. Payoft oi second mort9age Ioan
� Exceas garower Deposit �
ZOB. 507.
207. 5pg. 7,000.00
208. 7,ppp.pp 509. Se1lerAsslalance
2p9, Seiler Assistance p,�u���s for items un aid sel�u
pd ustmenb for Items un ald b seller 5 0. CityAoWm laxes to
210. Ity own ta�ces �0 511. County t�ces to
211. County taxes to 512. School Taxes to
212. Schod Tanes to
513.
213. 514.
214. 515.
215. 516.
216. 517.
217. 516.
218. 519. 46,699.05
219. �6�,gg8,00 520. 7otal Reducdon Amowrt Due Seller
220. 7otai Paid b I(or Bortower gp0. Cash at Settkme�toflrom Sellar �70,765.92
30D. Cash at Setflement iromno Borrowe� 150,169.89 601. �S�nt due to seller(Ilne 420) 46,699.05
301, Gross amouM due from boRowe�'��Ine��� �s�a�� �2 �ess reduclions in amount due seller(I'Ne 520) 124�e 8�
302, Less amounts paid by�a bortower(line 220) � p�Sellar
�To Borrower 18,271.89 603. Cash �X To
303. Ca6h �X From �� eryHp�Iletm�REBPAcawm�w^�'��0�0�""0"°
�h����`�'n'°"�°�yvNdar.�swtid numex.Na canM.MIdM b mueE:NI�mWmu+x m�Mwn.iN+Uawqnedm P�
Nuo-i
Previous editlons are obsolete
' ' • ' Paid From Paid From
9���•� Bo�rower's Seller's
100. Totai Real Estate Broker Fees Funds et Funds at
Divlsionofoommission IIne700 asfollaxs: � ����IllamsdCenUaIPA Settlement Settlement
701. $4875.00 tp Rp,IMroclstAdvanta9e 9,750.00
702. $4 875,00 95,00
703. Commission pald at ement to R�� st Advantage 325.00
�04. Canmissfon �o K��r Wlliiams af Central PA
705. Brdcarfee
gpp, Mema P able in Connection with I.oan irom GFE#1)
801. Our originaUon charge Indudes Originatlon Paint 0.00096 a 3�•�) 51,074.00 (from GFE#Z)
nts for the spedfic interest rate ctwsen g �{�m GF A ��074•�
802. Your credit a charge(poi )
803. Yaur adJusted aigfnatbn char9es
80 . Appraisal fee to Forrester&Co.Real Esstat 5410.00 P.O.C.B �rom GFE#3)
5. Credit 2porl �0 trom GFE#3
to (tromGFE#3) 11.00
606, Taa service to Altsource Flood
807. flood c�rtiflqUon to
808.
(trom FE#10) 351.07
900. Item�R uired Lenderto be�m 031n11d12015 0 04101f2015 Q S16•717 day 2 pgg,gq
901, Datlylnterestchar9�(rom fran FE
902. Morf�age Ins,Premium fa months to Radian (from GFE#11 597,00
903. Homeowners insurance fa 1 ears to P ress�ve from GFE#11
� months to
1000.Re erv aRed with ender (from GFE�9) ���9•�
1001.In111aI deposit far your escrow a�n13�nlhs $ 49.751maith 5149.25
1002,Homeowoers insurance O.pp��nth $
1003.Mortgage Insurance months S
��g y 0.00lmonth $
1004.GryPropeAyTax 3��s $ 69.47fmonth 5208.41
1005.County ProPertY Tax 10 months $ 130.841month ����•40 .
1006,School Texes $-596,10
1007.Aggregffie Adjustment
1100.Ti�e Ch es y irom GFE�4 1,625.00
1101.Title servioes and�e�ders tlUe insurance $
1102.Settlement a dosing fee to $ from GFE�5 �'�
1103,Oumers title I�urance-First Amer�can Title Insu�ance CompanY g1,490.00
�1p4,I�enders HUe insurance-Flrst+Vnerican TIUe Insurance CampanY
1105.Lenders dtle policy limit$152,550,00 Lendets Pdicy
1106.Ovmets dGe policy limlt E�69��•��^�g P011cy y�,232.50
��p7,qgenPs portion of ihe total dtle insurance premlum
to 1 st Advan SetUement Se�nc�Inc. E�2�
1108,Undervuriters porNai of lhe total tltle insurance premium
to First American TiUe Insurence Com n ��
���' to 1 st Advaritage Setdement
1110.Tax Certification Fee ��lna 20.00
1111.Wire Out Fee-PaYoff to 1 st Advar�age SetUement
Services Inc.
1200.Govemment ReeordU and Tranafer Cha ea ({rom GFE#7} t96.00
1201,Govemment recording char9es
a
1202.Deed$79.00• M e 3117.00 Release$ (f�GFE#8) 1,695,00
S
1203.Transfettaxes �a�,6�.00 Ma� $ 1,695.00
1204.CitylCounry taxlstacnPs Deed E1,695.00 Mor� e E
1205,State Taxlstamps �a Mat E
1206. g
1207.
1300,AddWonal Seltlement Cha ea (from GFE#8)
1301.Required services mat Y°U�^shop ta $ 118.0
1302.Survey �0 833•
1303.Balance on Spedal Assessment to 8eacon Hill Communil AssodaUon 2�.
1304.2015 County Tax(1325-0008d199) to Bonnle Mlller 115.00
1305.FeMuary 8�March HO Dues lo Beacan Hill Cammuni Associatlon '�
1306.InfUatlon Fee to Beacon HIII Commu Assodalion 423.54
1307.Resale Cert to Pro Mana ement Inc. 3�
1308.Home Wartanly to American Hane Shield 702,
1309.Cleaning to Kell Bo le's Cleaners
1310.Moving Assistance to AK Ventures 9,403.97 1b,587.46
� . � • . . � � - •
,�� . . . •°L e 1.""Credit by selier shown on pa9e 1.
'Pald aulside of dosing by(B�rrowet(S)e�ler,(L)ender,(I)nvestw,Bro(K)er."Credit by lender shown an Pa9
HUD-1
Prevlous editions are o sotete
Good FaNh Esdmate HUD-1
Com adson oi Good Fakh EeUmate GF and HUD-1 Cha ea HUD-1 Line Number
Cha eaThatCannotlnerease # �� 1,074.00 ��074•�
Our orlglnaUon chazge 0.00 0.00
Your aedil or charge lpdn4a)for ihe spediic Interest rata chosen � �2 1,074.00 1,074.00
Yaur adjusted alginatlon chargeg # �3 1,695.00
Transter taxes
1203 1695.00
Good FaithfsUmate HU61
Cha ea That in Total Cannot Increase More Than 1096 # ,�y �gp pp 196.00
Govemment recording charges # 804 425.00 410.00
Appraisal fee �805 0.00 0.00
Creditrepal p 807 11,00 1.00
Flood cerUticatlon 2,089.94 2,089.94
Mortgage Ins.Premlum #�2 1,625.00
# 1101 1,741.06
Title servic�s and lenders title insurance 50,pp &5,00
Oavne�'s title insurance-Flrst American Title nsurance ComPany #���
� 4,497.00 4,416,94
� . � $ .gp.pg -1.7803%
Cha es That Can Chan e Good Faith Estimate HUD-1
#1001 2,600.01 1,069,96
Initial deposit(or your esaow account ��1 g16.71781da 351.07 351.W
Daily interast charges fram #�3 gpp,p4 597.00
Homeowner's Insurance
#
#
Loan Terms
Your Initlal ban amount is $152,550.OD
Yourloantertnls 30.years
Your initlal Interest rale is 4.0000%
Your inilial monthly amount owed for prindpal,Interest,and any moAAage 5728•30 Includes
insurance is Q Pdndpal
�X Interest
❑Mortgage Insurance
Can your Interesl rate rise? QX No. ❑Yes,it can rise to a maximum of �,.The flrst change
will be an 1 1 and can change again every years after 1 1 .Every
change date,your interesl�ate can inaease or deaease bY 90•Over the I'rfe of
lhe loan,your lnlerest rate is guaranleed to never be lower than %or higher
Utan °k.
Even B you make payments an Ume,can your loan balance rise7 []X No. ❑Yes,it can dse to a maxlmum of$ •
Even if you make payments on 6me,can your monthiy amounl a�wed for �X No. ❑Yes,the firsl inaease can be on ! 1 and the monthly
prindpal,interest,and moAgage insurance dse? artrount owed can rise to E ' .
The maximurn It qn ever dse to is E
ent nal Q No. ❑Yes,your maximum prepayment penaity is E •
Does your loan have a prepaym Pe h�'�
QX No. ❑Yes,you have a bailoon payment of$ due in
Does your loan have a batloon payment? Ye�� / 1 .
Tolal monthly amount owetl indudng escrow a�ounl payments
❑You do not have a monthly escrow paymenl far items,such as properly taxes
and homeowners Insurance.You must pay these items direcUy yourself.
�]X You have an additlonai monthly escrow paymenl of$7.5(1•O6
that results In a total Inteal monthly amount owed of E978.36•This Indudes
pdndpal,lnterest,any mortgage insurance and any items chedced below.
�P�a��,��� Q Homeowner's insurance
�Flaodinsurance QX Schod Tax
❑ �
Note: If you have any quesUons about the Settlement Chazges and Loan Tertns listed on this fortn,please contact your lender.
HUD-1
Previous edidons are obsolete
' ' ��� HUD CERTIFICATION OF BUYER AND SELLER -'
'I have carefully reviewed ihe HUD7 Settlement Statement and to tha best oi my knowledge and be��ef,H�g of�the HUD�Settlement Statementr�ip�and
disbursements made on my account or by�ne in this transactiort 1 fuAher certifythat i have rece(ved a copy
.
Margaret A. Ihooly
Qn..I,�-,�ast�'-2'Q..QQ'✓�
f .a.�. .
�se d,Perice,T�ustee tor the B.Wyllene Pelrce Trust
AgenC Unda The 8.1Nyllene Peirce Living Trust
The HUD-1 Settlement Statement wh�ch 1 have preparod Is a trve and accurete aaount of this hanaedion I have caus�d a�`�d���eu�e�e tunda to be
dlabursed in accordance with th�a statement
31�t � �� —
DATE
$ET7LEMENT ENT
WARNINGON CAN�INCLUDE A F NEIAND M R SONMENTTFOR DETAILS SEE7 TLE BDU.SACODE SECTION 1001 AND S CTION 1010�LTIES UPON
CONV�CTI
HUD-1
Previous editions are obsolete
� • 1 � • 1
Name of Bortower.
Name of Seller:• File Number
Margaret A.Gilhooly Denise J.Perice,Trustee for the B.Wyliene 1505
Peirce Trust
TItleExpresa
Prepared 03/09/2015 at 10:47 am
Note: L�ies 1 01is1103iand 1104 iof the Settlement St tement(HUD-1�This page Bo owers PSeller's
accompanies but is not a part of the settlement statement.ff a discrepancy Funds at Funds at
exists,the information shown on the Settlement Statement(HUD-1)applies. Settlement Settlement
AmouMs Ineluded .
1100. TIGe Charges in Une.11M
1,625.00
1101. Title services and lenders tiUe insurance $ �5�
a.Wire In Fee �pp
b.Ema111Doc Pea 25.00
c,Ovemi ht Delive Fee-Padc e �.�
d.Notary Fee 135.00
1102. Settlement or dosing fee
85.00
11D3. Owner's tlUe insurance �icy E �•�
1104. landers tille insuror�ce poli 1,165.00 3 1,490.00
a.Endarsement 820 PUD �.�
b.Endarsement 900 EPL-ResldenUal �•�
c.Endasement 100 No VldaUan �•�
d.Endasement 300 Surve �'�
e.Ciosin Senrioe LeKer 125.00
(Tolal t103+1104)
1105. LendeYs liUe iimit 5152,550.00
1106. Owner's dtle II Itmit 5169,500.00
1107. Agenl's poNon of.lhe tolal tltle insurance premium S.��Zy�•�0
1108. Undenxriters on of ihe total Gtle insurance Prem• ��•�
(To1a11107+1108)
1109.
1110.
1111.
1112.
�.� . . • . • • � Seller
Total' Borrower. , Borrovrer,
Cha e_ POC or Credit
1Jne 1101 `. Rafd
1100. TIUe Cha ea w�th Pa ee a
1101. Title services and�enders flUe insurance �5� 15.00
a.Wire In Fee l01 st Advant Set�ement Servfces Inc. 50� 50.00
b,EmaillDoc Copy Fee to 1 st Advantage Set�ement Services Ina 25 00
c.Oveml9ht D�We Fee-Pxka9e to 1 st Advantage Setdement Servioes Inc. 5,� 45.00
d.Notary fee to Vlckie�Nelker �4�� 1,490.00
11p4. Lenders tllle insurance l01at Advan Sedlement Services Inc,
$. 1,625.00 .
.. _. T,625.00'
� ����
499 Mitchell Road,Millsboro,DE 19966 Records Management
Phone 888-502-4349
F ax (302)934-2955
August 28,2014
Anstine& Sparler
Attorneys at Law
117 East Market Street
York,PA 17401
Re: Estate of Barbara WYllene Peirce
Social SecuritY: 202-20-2227
Date of Death: May 24,2014
Dear Sir or Madam:
Per your inquiry on August 21,2014,please be advised that at the time of death,the above-named decedent had
on deposit with this bank the following:
1. Type ofAccount CheckingAccount
Account Number 9853851112
Ownership(Names o� Lurae Louise Caparella(POA)
Denise J.Peirce(POA)
Wyllene Peirce
Opening Date 07/30/2010
Balance on Date of Death $ 5,780.58
Accrued Interest $ .04
_.._..
Total $ S,780.62
For any additional information on the above accounts,including ownership and any changes,closures and/or reimbursement of funds,
please call the West Shore PIa7a at 717-731-1730.
We were unable to locate any safe deposit box for the above-mentioned decedent
T'his letter does not include any accounts in which the deceased may have been listed as Power of Attorney,Custodian of Uniform Transfers,
Represenffitive Payee,or Trustee under a Written Agreement
Sincerely,
Valarie Mercer
Records Management
Anstine �
TE�EPHONE(717)846-8811
Spar er FAx(717)852-8915
AITORNEYS AT�AW www.anstinesparler.com
1 17 EAST MARKET STREET
YoRK,PA 17401
August 19, 2015
Register of Wills
Cumberland Courthouse
1 Courthouse Square
Room 102 ��
<-� a
Carlisle, PA 17013 � � � �� �r�
-'"'" :"�7 �'� r`7
.'' � C:' � '`�
RE: Barbara Wyllene Peirce Estate � ,�-' <:� G' � -:''
File No. 21-14-0713 : ` ` �' ;
,... ' .. �J ..�..Y
y
Dear Sir/Madam: � - i
Please find enclosed herewith an original and copy of the Inheritance Tax Return for the- «
above-referenced Estate. I have also enclosed a copy of the first three pages af the returri�d "" -��
ask that you please time-stamp the copy and return the same to our office in the self-addressed
stamped envelope.
If you have any questions, please do not hesitate to contact me.
Very truly yours,
,
.� �, ��.
�� � �^ ��
Lori A. Graham
Estate Paralegal
Enclosures
WILLIAM B.ANSTINE,�R. • .IOHN R. ELLIOTT* • ANDREW B. BROWN* • AMBER A. KRAFT
KENNETH�. SPARLER, Of Counsel • W, Bua�ANsriNE (1910-1991)
*Also Admitted in Maryland
�
�
1.���
r-�-
� ti.
� �
� �
< � D �—' '
: m � �
� � �
' a
� � �
� s �
� = D
� v; �
_. D
_ �
�
C'� 7J 1--' C7 �J ,
� o n � �
�, o o � va
�. � � � N.
�r
cD p �. � -�Ds
O
� N � � O
F--� (D
n ..
o ,� o `_'
N � � �
W � �
^-S �
� O �
�
�
(D
E'� Q
� ��--r
�: F� V'7 ;,J �
:[1 PT1
� � C'� � rn �
._ .''u i � `;i
� � � � � ���
�:J
�■ __ r.., '.� �> ,::7
� 3 Y '�3
� _ �"i
� ...,� ;...� �1.j � C7
�-,. �'7
�} v G� O
a
�
��
�
�
�
� �g��nr.�,�: c� �;;
a pu� C<r 1;ii
� ���q�;i& �� 6+i
Iu"d. • CL�� ����
��M,�:� � �.,.i �����
�■ ����iIINn�I�� Uv
�� ���1.I��
�',��' �
C:9 �
-}
.,.. .....