HomeMy WebLinkAbout01-0482
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REV-1500
INHERITANCE TAX RETURN
RESIDENT DECEDENT
"[1/-1600 EX ~ (6-00)
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COf,4MONWEALTM OFPeNNSYlVANI.A.
OEI-ARTMIiNTOF FlEYf!NUE
OEPT. 280801
t-lAFlRISBU~Q, PA 171Z8-0601
DEC~O~NT'S NAue (LAST, T, AND MIODLe INlT1AL)
Stambau h Sr. Irvin
DATi OF Df:ATH(MM"OO-YEA"}
FILE NUMBER
OFFICIAL USE ONLY
21-01-0482
COUNTY CODE YEAR
Soa,ALSECURITYNUMSER
196-14-4663
THS RETURN MUST BE FlLEDIN DUPLICATE WITH THE
NU/.t8E:R
REGISTER OF WILLS
l. SECURI R
o
3. Rem8ll'ld8r~.1urn ~l:>;:t~l"~1Ite2)
S. Fed&tlll Eah;1. T... RlI!!turn RequJr..d
a. Tatal Nlmberof S~f~ Oepo8tt BOXmi
11. E:lectlonwtltXul'\d&r See;, 911J(A)
(Attaeh 3ch 0)
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R N
II D
E E
S N
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M
P
T U
A T
X A
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I.EINITIAL
175,090.00
None
None
None
1,500.00
None
35,736.43
16,095.00
None
x
X
X
X
.0 0
.045
.12
.15
Thomas J. Ahrens Es
FIRM N.......e (If ApplICable)
Ahrens Law Offices
TELEPHONE NUMSER
5521 Carlisle Pike
Mechanicsburg, PA 17055
1. Real Es"" (Schedule A)
2. Slocks and Bonds (Schedul. B)
3. Clos;oly Held Corporation, Partnership or
Sole-Proprietorship
4. Mortgages & Notos Receivable (Sch&dule oj
5. Cash, Bank Deposits & Miscellaneous Personal Property
(Schedule E)
6. Jointly Owntld Proporty (Schedule F)
o Separate Billing ReqLlcsted
7. Inter-Vlvo$ Transfers & Ml$C;ellaneous Non-Probst. Property (7)
(Schedule G or L)
8. Total C,IlU ""Gets (total Lines 1-7)
9. Funeral Expenses & Administrative Costs (Schedule H) (9)
10. O.bts of Decedent Mongage Liabilities, & liens (Schedule I) (10)
11. Total Dodud;ons (tolal Uno" 9 & 10)
12. Ne! Value cI E.llle (Line 6 mlnu" Line 11)
13. Charitable and Governmental S4:!questslSec 9113 Trusts for which an election to tax has not been
made (Schedule J)
14. rMt V.IlH!l Subjec:t to Tax (Line 12 minus Line 13)
CopyrlgM (e)~OOO fotm "cftware only The L.ck.~r Group, Inc.
St"",bau h, Tha1ma G.
X 1. orIginal R.hrn
4. Umhed E~1l!I
X e. Deceo.nt Died Testate
{AttllCh copy of Will)
o 9. I..ltl\l.tlOl"l Proceeds ReoeIvod
2.
...
X 7.
Supplllo".."gl~tum
Futuro IrrterestCompromlM (date of death after 12-12-82)
Oeced.nt M.rnt8lned a L1v1119 Trust
(AttaCh oopy of Trust)
S~, Poverty Credit
(date ofdNth bct,ween 12:R31.9111nc1 '.1-95)
0'0.
OF='FtCI.A.L USEONL Y
I
-.J
(8) 212,326.43
(11) 16.095.00
(12) 196,231.43
(13)
(14) 196.231.43_
(15)
(16)
(17)
(18)
(\9)
0.00
7,222.28
0.00
0.00
7,222.28
NAME
(1)
(2)
(3)
R
E
C
A
P
I
T
U
L
A
T
I
o
N
(4)
(5)
(6)
SEE INSTRUCTIONS ON REVERSE SIDE FOR APPLICABLE RATES
15. Amount of Line 14 tax8ble at the spousal tax
rate, or transfers under Sec. 9116(aX1.2)
18. Amount of Line 14 tai'Cablo at lineal rate
17. Amount of line 14 ti;l,xable at sibling rate
18. Amount of Une 14 tal(able at collateral rate
19. Tax Due
20.
35,736.43
160,495.00
,"orm REV-1S00 EX (Re...._ 6-00)
Decedent's Complete Address'
STREET ADDRE'SS
25 Acri Meadow Road
CITY I STATE I ZIP
Enol/l PA 17025
TlIX Payments and Credits:
1. Ta. Duo (Page 1 Line 19)
2. CredltslPayments
A. Spousal Poverty Ctodit
B. Prior Payments
C. DIscount
(1)
7,222.28
0.00
Tot.1 Credi.. ( A' Il . C) (2)
0.00
3. IntertstIPenalty if applicable
D. ImeTest
E. Penalty
Totallnt....tlponalty ( D + E) (3)
4. It Line 2 i$I grN.'Nr than Ling 1 ... Line 3. enter the difference. This is the OVERPAYMENT.
Choot _ on Pogo 1 L1.... 20 to ,.quOS! a ,olund (4) 0 . 00
S. If Line 1 + Line 3 is greater than Line 2. entar th. difference. This ;s the TAX DUE. (5) 7 , 222 . 28
A. Enter the intar.Sf on the tax due. (IA) 0.00
II. Entor the total of Line 5. SA. This Is the BALANCE DUE. (58) 7,222.28
Mak. Choot Poyableto: . . . . RE~ISTER ()F WIL.~,,~~Et.'lT..., ,,'"
~(\(lj(\\\~j\\l~mt1;;mt~~m\\\;~\\!m\~I\~!m~!\m~~~mh~~\\\~~lm\m~~m\\~\~ill\mm\\\W,~l\li\l\mmm~,mm\~\\i!\\\!\\\\m\ll\l~ill\\L~~~\lm~mj\\i1(\\\1\~~\~~\~m\!I~~\lij\\\~t~~\m~~~\m\\lful!I\\I\m~\\l~~~\\~1\\
~~~mm1\\i\\\i\\\\\\'i\\\I~m\\\\\\!~\;;\ii'~!\',\\\\\\\\:;\\;:
. PLEASe ANSWER THE FOLLOWING QUESTIONS BY PLACING AN 'X" IN THE APPROPRIATE BLOCKS
1. Did decedant make a transfer and: Y.. No
a. retal" the use or income of the property tramfar~; , ~ ~
b. retell,.. the fight to deslgnate who s~1I use the property transferred or its income; . X
Co retain a reversionary interest; or. , . X
d. r~u:.iv. the promise for life of either payments, benefits or care? . . , X
2. It death occurred aft.r December 12, 1982, did d.cedent transf.r property within one yesr of death
without receIving adequate eonsk!eration? .
3. Did decedent own an ftin trust for" or payable upon df!ath bank account or st:lCurit'y at his
or her death? ...
4. Did d~edent own an lndi....idl!al Retirement ~ceoul"lt, annuity, or other non-probate property
whIch contains a banefJ<::iary designation?
IF THE ANSWER TO ANY OF THE ABOVE QUESTIONS IS Yes,
YOU MUST COMPLETe SCHI!DULE G AND FILE IT AS PART OF THE RETURN.
0.00
o
o
o
[]:I
IT]
IT]
Under pen<<ltle:l ot pM'jury, ) "KlI.re tl'lat 1 ha..,. .x"mll'W!ld Ihls retUrn, InclUdIng ac:cornp<<nylng :SC:~UJ8' ilnd $tlttemente, and tQ the best of my kno.....ledge end belllllf.
It I:; (rue,
c:orrett and complete. Det:18,atton of pr.po.f'l!f oth<< than tl'1e ~I reprnentatlve Is ba1ied on 1,11 infol'tmltlon of whh:h prEll'arer has any kl"ltlwledge.
SION.A.TUR~OFPERSON RE'SPONSIBLE FOR FILING AETUAN Thelma G. Stambaugh D^TE6, I/'(L 10 I
25 Acri Meadow Road ~rvl'
^, 'Enol':' 'PA" fi025" - - -, '. -, -. -...' -., -. - - - - - -,-
Ahrens Law Offices DATE ,
/h. --~~~~~i~~~~~'~-~{~~'fj6s5---'---_uu__u",,- ,jill/Of
u~~~n:1!!@tili!~!!ilr;.!,f!i!ffi~li[ii;~mi1till!I!]i!!~!!Wlr~m!iJ!!~ft:U!ij~~i!#i!!)ill~~~j]!I!Wifil~$.i"!mm!wl!!!l!il~~l(wJ~H,irrrn!!Wmil!!Ji!iij1!!WI~P.!!;fi:]W!j~im~~~:!jl!riW\ln1ijjllWk~!i!)!i~~!
Hm~t~Jl1filift1W~1j!f!:l~1im!h~!!!)!(~nii):iii!il~mli!iii!:i!!!!!!!imffi;
For dates 01 death on or an.,.r July 1, 1994 and before January 1, 199~t the tax rate imposed 0" the net valuo of transfers to or for the use of the
surviving ,pousels 3'/.(72 P.S. 9116 (a)('. 1l (;)}
For dates of death on or ~fter Janu~IfY 1, 1995, the tax rate imposed on the net value of transfers to or for the usa of the surviving spouse i5 OO/~
[72 P.$. 9116 (a) (1,1) (Ii)]. The statute does not oxemPt a tra.nsfer to a surviving spouse from tax, and fhe statutory roquiremenh. for disclosure 01 aSS8ts
and fi~n9 a tax return are- s~111 applicable ever"llt the surviving spouse is the only' beneficiary,
For date!: of death on or after July 1, 2000;
in. tax rate impoS~ on the net value of transfers from a deceased child twenty-one years of a.ge or younger at death to or for the use of 8 natural
parent, an adoptive parent. or a steppal'8nt of the child I!. 0% [72 P.S. 9116 (a) (1,2)].
Th. U!lx rate imposed on the (let value of ~ransfers to or for the use of tho decedent's lineal beneficia.ries 1$ 4.5"/0, except as noted in n. P.S, 91 16{1 ,2)
[72 p.S. 9116(aX1l1
Tho tax rate imposQd on the net lI'aluo of transfers to or for the use oHhe decedent's siblings is 12";" [72 P.S. 9116(aX1..3)). A sibUng is defined, under
Sectiorl 9102, as an individual who has at IBast ono parent in common with the decedent, whether by blood or adoptlon.
Copyright (c) ZQ()(I fOfm saftware only Th. LIIC:Icl'l8t Group, In!;, Form REV-1 ~OO EX (R.,,,_ &~OO)
REV-1502 EX + (1~97)
COMMONWEALTH OF PENNSYLVANIA
INHERITANCE TAX RETURN
RESIDENT DECEDENT
ESTATE OF FILE NUMBER
Irvin E. Stambaugh Sr. SS# 196-14-4663 09/18/2000 21-01-0482
All real property owned solely or as a tenant in common must be reported at f.ir market value. Fair market value is defined as the price
at which property would be exchanged between a willing buyer and a willing seller. neither being compelled to buy or sell, both having reasonable
knowledQe of the relevant facts. Real DroDerty which il jointly-owned with riaht of survivorlhiD must be disclosed on Schedule F.
ITEM VALUE AT DATE
NUMBER DESCRIPTION OF DEATH
1 Real Estate - Home and land located at 25 Acri Meadow Road, 129,090.00
Eno1a, East Pennsboro Twp., Cumberland Co., PA 17025
SCHEDULE A
REAL ESTATE
2
Real Estate - 6 lots located at Acri Meadow Road, Eno1a, East
Pennsboro Twp., Cumberland Co., PA 17025
46,000.00
TOTAL (Also enter on line 1, Recapitulation) $ 175 090.00
(If more space is needed, insert additional sheets of the same size)
Copyright (c) 1996 form software only CPSystems, Inc. Form REV-1502 EX (Rev. 1-97)
R~V-1508EX +(1-97)
COMMONWEALTH OF PENNSYLVANIA
INHERITANCE TAX RETURN
RESIDENT DECEDENT
ESTATE OF FILE NUMBER
Irvin E. Stambaugh Sr. SS# 196-14-4663 09/18/2000 21-01-0482
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 d'-closed on Schedule F.
SCHEDULE E
CASH, BANK DEPOSITS, & MISC.
PERSONAL PROPERTY
ITEM
NUMBER
1
DESCRIPTION
Motor Vehicle - 1988 Ford F-150 Pickup Truck
VALUE AT DATE
OF DEATH
1,500.00
TOTAL (Also enter on line 5. Recap~ulation) S 1,500.00
(If more space is needed, insert additional sheets of the same size)
Copyright (c) 1996 form software only CPSystems. Inc. Form REV-1508 EX (Re.... 1-97)
--
RE'V-1510 EX +(1-97)
SCHEDULE G
INTER-VIVOS TRANSFERS &
MISC. NON-PROBATE PROPERTY
COMMONWEALTH OF PENNSYLVANIA
INHERITANCE TAX RETURN
RESIDENT DECEDENT
ESTATE OF
Irvin E. Stambaugh Sr.
SSI} 196-14-4663
09/18/2000
This schedule must be completed and filed if the answer to any of questions 1 through 4 on page 2 is yes.
FILE NUMBER
21-01-0482
DESCRIPTION OF PR~PERTY %OF
ITEM RELAW&kMI/,~ t~b~~t~I5,\'~TT.t'rl'J~~ b'Mb t~iIl'SFER. DATE OF DEATH DECO'S EXCLUSION TAXABLE VALUE
NUMBER ATTACH ACOPYOFTHE DEED FOR REAL ESTATE. VALUE OF ASSET INTEREST (IF APPLICABLE)
.L IRA - Prudential I} 16,333.47 16,333.47
03900352548
2 IRA - Prudential If EOO92717 19,402.96 19,402.96
TOTAL (Also enter on line 7. Recapitulation) S 35,736.43
(If more space is needed, insert additional sheets of the same size)
Copyright (c) 1996 form software only CPSystems, Inc.
Form REV-1510 EX (Rev. 1-97)
,
RE\I'-1S1' E)( ~ (1.97)
SCHEDULE H
FUNERAL EXPENSES &
ADMINISTRATIVE COSTS
CO~MONWEAI-TH OFPiNNSy!"VANIA
INHERITANCE T1iX RETURN
RESICENT OECEDENT
EST"Tl! OF
Irvin E. Stambaugh SL
SSff 196-14-4663
09/18/2000
Debte of decedent m""" b. reported on Schedule I.
FILe NUMBeR
21-01-0482
ITEM
NUMBER DESCRIPTION AMOUNT
". FUNERAL EXPENSES.
1 Blu~ Ridge Memorials 600.00
2 Death Certificates 42.00
3 Funeral Luncheon 60.00
4 Minister 75.00
Total of Continuation Schedule(.) 2,774.00
B. ADMINISTRATIve COSTS.
I. Pe~nal R.pre58ntativ~'s Commissions
Name Q1 f:)ol'5onal R8pt9Sentative(s)
Social Security Number(s) I EIN NumbCllr of Personal Representative(s)
Street Address
City State Zip
-
V.ar{,) Commission Flald:
2. Attorney's Fe.s Ahrens Law Office. 9,000.00
3. FamIly Exemption: (If decedent's address Is nol the same as claimant's, attach explanation) 3,500.00
Claimant Thelma G. Sumbaugh
Street Address 25 Acri Meadow Road
City Eno1a State PA Zip 17025
Relationship ot Claimant to Decedent Spouse
4. Probate Fsos Register of Will. 44.00
5. Accountant's FElo$
6. Ta.x Return Proparer's Fe$~
7. Other Administrative Cost~
TOTAL (Also entElr on line 9. RecapituWition) S 16.095.00
(If more Spa.C:8 Is needed. Insert additional sheets of tho same sin)
~~rI9ht (e) 199& form 81'1ft'MIre only CF'Sys\em!!;, !nc,
Form REV-1~11 EX (Rey 1~~?)
Estate of: Irvin E. Stambaugh Sr.
Soc Sec #: 196-14-4663
Date of Death: 09/18/2000
Continuation of Schedule H-A
(Funeral Expenses)
Item Description
#
Amount
5 Mortician
2,774.00
2,774.00
COMMONWEALfH OF F'ENNS'YLV,t.NI.4.
INHERITANCE TI<<. RETURN
AESlO.lNf OECEDENf
ESTATE OF
Irvin E. Stambau~h Sr.
NUMBER
I.
.. R~-1~13 EX. (9-00)
II.
.
SCHEDULE J
BENEFICIARIES
S&Ii 196-14-4663
09/18/2000
RELATlQNSHIP IO DEC~ENT
Do Not LIsI Tl'IIOtoe(s) ..
1
NAME AND ADDRESS OF PERSON(S) RECEMNG PROPERTY
TAXABLE DISTRIBUTIONS l'ne'udooutrlgh'....-_........,_
trlirm-s inMrS-e t111(a)(1.2))
Irvin E. Stambaugh and ThelJlle Stambaugh
Living Trust dated 09/26/1995
25 Acri Meadow Road
Enola, PA 17025
Trust
FILE NUMBER
21-01.0482
....nUN"' nO SHAAO
-"'-OF' ESTATE'"
160,495.00
E;NTER DOLLAR AMTS. FOR OISTRIBUTlONS SHOWN ABOVE ON LN. 15 THRU 18 AS APPROPRIATE ON REV 1500 COVER SHEET
NON. TAXABLE DISTRIBUTIONS:
A. SPOUSAl DISTRJElUTIONS UNDER SEC. 9113 FOR WliICH AN ELECTION TO TAX IS NOT BEING MADE
Two Prudential lRAs for which wife was listed as beneficiary
B. CHARITABLe: AND GOVERNMENTAl DISTRIBUTIONS
(If more lipace is needed, insert addtional sheets of the $afTl8 size)
Copyrl9ht (c) 2000 faml ~l1!II MIy Tt,. l8.dc""r Qrol4l, lnc..
TOTAL OF PART 11- ENTlER TOTAL NON. TAXABLe: DISTRIBUTIONS ON LINE 13 OF REV 1500 COVER SHEET S
.
35,736.43
0.00
F=orm REV-1613 EX (Rev. S-OO)
Last Will
of
IRVIN E. STAMBAUGH
I, IRVIN E. STAMBAUGH, also known as IRVIN EDWARD
STAMBAUGH, of Enola, Cumberland County, Pennsylvania, make this Will
and revoke all of my prior wills and codicils.
Article One
My Family
I am married and my spouse's name is THELMA G. STAMBAUGH.
All references to "my spouse" in my Will are to her.
The names and birth dates of my children are:
IRVIN E. STAMBAUGH, JR., born November 10, 1949
RAYMSUf) STAMBAUGH, born May 30,1952
All references to my children in my will are to these children, as well as any
children subsequently born to me, or legally adopted by me.
fiLE COpy
Page I
Article Two
Distribution of My Property
Section 1. Pour-Over to My Living Trust
All of my property of whatever nature and kind, wherever situated, shall be
distributed to my revocable living trust. The name of my trust is:
IRVIN E. STAMBAUGH and THELMA G.
STAMBAUGH, Trustees, or their successors in trust,
under the IRVIN E. STAMBUAGH AND THELMA G.
STAMBAUGH LIVING TRUST, dated September 26,
1995, and any amendments thereto.
Section 2. Alternate Disposition
If my revocable living trust is not in effect at my death for any reason
whatsoever, then all of my property shall be disposed of under the terms of
my revocable living trust as if it were in full force and effect on the date of
my death.
Article Three
Powers of My Personal Representative
My personal representative shall have the power to perform all acts reasonably
necessary to administer my estate, as well as any powers set forth in the
statutes in the State of Pennsylvania relating to the powers of fiduciaries.
fiLE COpy
Page 2
Article Four
Payment of Expenses and Taxes
and Tax Elections
Section 1. Cooperating with the Trustee of My Living Trust
I direct my personal representative to consult with the Trustee of my revocable
living trust to determine whether any expense or tax shall be paid from my
trust or from my probate estate.
Section 2. Tax Elections
My personal representative, in its sole and absolute discretion, may exercise
any available elections with regard to any state or federal tax laws.
My personal representative, in its sole and absolute discretion, may elect to
have all, none, or part of the property comprising my estate for federal estate
tax purposes qualify for the federal estate tax marital deduction as qualified
terminable interest property under Section 2056(B)(7) of the Internal Revenue
Code.
My personal representative shall not be liable to any person for decisions made
in good faith under this Section.
Section 3. Apportionment
All expenses and claims and all estate, inheritance, and death taxes, excluding
any generation-skipping transfer tax, resulting from my death and which are
incurred as a result of property passing under the tertns of my revocable living
trust or through my probate estate shall be paid without apportionment and
without reimbursement from any person. However, expenses and claims, and
all estate, inheritance, and death taxes assessed with regard to property passing
outside of my revocable living trust or outside of my probate estate, but
included in my gross estate for federal estate tax purposes, shall be chargeable
against the persons receiving such property.
FILE cor'!
Page 3
Article Five
Appointment of My Personal Representative
I appoint THELMA G. STAMBAUGH to be my personal representative.
If THELMA G. STAMBAUGH cannot act, or is unwilling to act, I appoint,
in the order named, the following successor personal representatives:
IRVIN E. STAMBAUGH, JR. and RAYMOND STAMBAUGH, or
the survivor of them.
I direct that my personal representatives not be required to furnish bond,
surety, or other security.
I have initialed all of the pages of this Will, and have signed it on September
26, 1995.
IRVIN E. STAMBAUGH
The foregoing Will was, on the day and year written above, published and
declared by IRVIN E. STAMBAUGH in our presence to be his Will. We, in
his presence and at his request, and in the presence of each other, have
attested the same and have signed our names as attesting witnesses and have
initialed each page.
We declare that at the time of our attestation of this Will, IRVIN E.
STAMBAUGH was, according to our best knowledge and belief, of sound
mind and memory and under no undue duress or constraint.
WITNESS
mE GOPY
Address:
Page 4
'. ,
WITNESS
Address:
rILE COpy
Page 5
'.
ST A TE OF PENNSYL V ANIf.
COUNTY OF CUMBERLAND
)
) ss.
)
We, IRVIN E. STAMBAUGH, , and
, the Testator and the witnesses,
respectively, whose names are signed to the foregoing Will, having been
sworn, declared to the undersigned officer that the Testator, in the presence
of witnesses, signed the instrument as his last Will, that he signed, and that
each of the witnesses, in the presence of the Testator and in the presence of
each other, signed the W ill as a witness.
IRVIN E. STAMBAUGH
FILE COpy
WITNESS
WITNESS
Subscribed, sworn to or affirmed, before me by IRVIN E. STAMBAUGH, the
Testator, and by and
,the witnesses, on September 26, 1995.
Notary Public
My conunission expires:
Page 6
.
,
..'
This
LIVING TRUST
prepared for
IRVIN E. STAMBAUGH
and
THELMA G. STAMBAUGH
by
Robert J. Kreidler
Law Offices of Robert J. Kreidler
Attorney and Counselor at Law
126 Locust Street, P.O. Box 11409
Harrisburg, PA 17108
Telephone: (717) 233-3959
CopyrightCCl 1995 Robert J. Kreidler
Table of Contents
The
IRVIN E. STAMBUAGH AND THELMA G.
STAMBAUGH
Living Trust
Introduction
Article One
Creation of Our Trust
Article Two
Our Family
Article Three ............ Funding Our Trust
Providing for Us and Our Family during Our Lifetimes
Article Four . . . . . . . . . . . .. Administration of Our Trust during Our
Lives
Article Five ............. Insurance Policies and Retirement Plans
Providing for Us and Our Family upon Our Deaths
Article Six . . . . . . . . . . . . . . Administration of Our Trust upon the
Death of a Trustmaker
Article Seven ............ Distribution of Our Tangible Personal
Property and Specific Distributions
Article Eight. . . . . . . . . . . . . Creation of the Marital and Family Trusts
1
Article Nine
The Marital Trust
Article Ten
The Family Trust
Article Eleven . . . . . . . . . . . . The Common Trust
Article Twelve ........... Distribution of Our Trust Property
Article Thirteen . . . . . . . . . . . Ultimate Distribution Pattern
Article Fourteen .......... Methods of Distribution and Trust Admi-
nistration with Regard to Minor and Dis-
abled Beneficiaries
Provisions Regarding Our Trustee
Article Fifteen ........... The Resignation, Replacement, and Suc-
cession of Our Trustees
Article Sixteen ........... General Matters and InstrUctions with
Regard to the Trusteeship
General and Administrative Provisions
Article Seventeen. . . . . . . . .. Our Trustee's Administrative and Invest-
ment Powers
Article Eighteen .......... DefInitions and General Provisions
11
The IRVIN E. STAMBUAGH AND THELMA
G. STAMBAUGH Living Trust
Article One
Creation of Our Trust
Section 1. Our Trust
We are husband and wife. This is our Living Trust, dated September 26.
1995, by IRVIN E. STAMBAUGH, the husband Trustmaker, also known as
IRVIN EDWARD STAMBAUGH, THELMA G. STAMBAUGH, the wife
Trustmaker, also known as THELMA GADIS STAMBAUGH and the
following initial Trustees:
IRVIN E. STAMBAUGH
THELMA G. STAMBAUGH
Our trust is a joint revocable living trust that contains our instructions for our
own well-being and that of our loved ones. All references to "our trust" or
"trust," unless otherwise stated, shall refer to this Living Trust and the trusts
created in it. All references to "Trustee" shall refer to our initial Trustee or
Trustees, or their successor or successors in trust.
When the term "Trustmaker" is used in our trust, it shall have the same legal
meaning as "Grantor," "Settlor," "Trustor," or any other term referring to the
maker of a trust.
Notwithstanding anything in our trust to the contrary, when we are serving as
Trustees under our trust, either of us may act for and conduct business on
behalf of our trust as a Trustee without the consent of any other Trustee.
Section 2. The Name of Our Trust
For convenience, our trust shall be known as the:
1-1
"
IRVIN E. STAMBUAGH AND THELMA G. STAMBAUGH LIVING
TRUST, dated September 26, 1995
For purposes of beneficiary designations and transfers directly to our trust, our
trust shall be referred to as:
IRVIN E. STAMBAUGH and THELMA G.
STAMBAUGH, Trustees, or their successors in trust,
under the IRVIN E. STAMBUAGH AND THELMA G.
STAMBAUGH LIVING TRUST, dated September 26,
1995, and any amendments thereto.
[-2
Article Two
Our Family
The names and birth dates of our children are:
IRVIN E. STAMBAUGH, JR., born November 10, 1949
RAY 1 STAMBAUGH, born May 30,1952
All references to our children in this agreement are to these children, as well
as any children subsequently born to us, or legally adopted by us.
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Article Three
Funding Our Trust
Section 1. Initial Funding
We hereby transfer, assign, and convey all of our right, title, and interest in
and to all of our property that is permitted by law to be held in trust, wherever
situated, whether personal or real, tangible or intangible, separate or
community, to our Trustee to hold and administer for our benefit and for the
benefit of our beneficiaries pursuant to the terms of this trust.
We shall also each initially fund our trust with $10 concurrent with its
execution.
a. Reliance by Third Parties
Upon presentation by our Trustee of this Article of our trust and a
separate Affidavit of Trust stating the name and address of our
Trustee, affirming that our trust is in full force and effect, and
containing any pertinent provisions of our trust, all third parties shall
rely on this transfer and follow all of our Trustee's instructions
without risk of incurring any liability to us, our Trustee, or our
beneficiaries.
b. Specific Transfers of Property
Our trust may be additionally funded with property interests of all
kinds by either of us or by any other person in any manner. All
property interests assigned, conveyed, or delivered to our Trustee
must be acceptable to our Trustee.
Section 2. Funding with Community Property
Any community property which is or becomes trust property, and the proceeds
from such community property, shall remain community property during our
lives.
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a. Transfer or Conveyance of Community Property
A conveyance or transfer of community property to our trUst,
whether directly transferred or transferred to a nominee or agent on
behalf of our trust, shall not be constrUed as a partition of the
community property unless there is an express written agreement to
that effect between us.
b. Withdrawals of Community Property
If withdrawals of community property are made from the trUst, the
property that is withdrawn shall retain its character as community
property. If we revoke our trUst, any and all community property
held on behalf of our trUst shall be reconveyed by our Trustee to us
as community property.
During our lives:
The net income from the community property shall retain
its community character regardless of whether it is accumu-
lated or to whom our Trustee is directed to distribute it.
Our Trustee shall have no power with respect to community
property that would be greater than that power that each of
us would have over that same community property were it
free of trUst.
Section 3. Funding with Separate Property
Any separate property, including any individual interests in property, and the
proceeds from such property, which is or becomes trUst property, shall remain
the separate property of a Trustrnaker. A separate schedule of such property
shall be maintained to facilitate the payment of income or the transfer of all
or part of the principal the Trustrnaker who is entitled to such distributions.
Either of us shall have the unrestricted right to remove all or part of our
respective separate property at any time.
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Article Four
Administration of Our Trust
during Our Lives
Section 1. Our Lifetime Powers
While we are both living, we shall have the following powers:
a. Control and Direct Payments
Our Trustee shall distribute or retain the principal and net income of
the co=unity estate, if any, as we may direct from time to time,
except that we shall have no power to direct our Trustee to make
gifts of principal or income from the community estate to a third
party.
Our Trustee shall distribute or retain the principal and net income of
a Trustmaker' s separate estate as that Trustmaker shall direct, except
that a Trustmaker shall have no power to direct our Trustee to make
gifts of principal or income from the Trustmaker's separate estate to
a third party.
Any gift made directly by our Trustee to a third party in violation of
these provisions shall be construed as a distribution made directly to
either or both of us, and then a gift from one or both of us to such
third party.
Absent directions from us, our Trustee shall distribute the trust
income from the community estate, if any, at least monthly and shall
distribute the trust income from a Trustmaker's separate estate to that
Trustmaker at least monthly.
b. Investment Decisions
During our lifetime, except for any period of our incapacity, we
individually reserve the right to specifically approve or disapprove
each and every trust investment, purchase, or sale before it is made.
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Our Trustee is relieved from all liability for loss which may result
from the purchase or sale of trust property which has been directed
by either of us.
c. Add or Remove Trust Property
We shall have the absolute right, either individually or jointly, to add
to the trust property at any time. A Trustmaker shall also have the
absolute right to remove his or her own separate property, in whole
or in part, from the trust at any time. Both of these rights shall be
exercised in writing.
Each of us shall have the absolute right to remove as community
property as much of our respective interests in the community estate,
if any, as we shall request in writing at any time.
d. Amend or Revoke the Trust
We shall have the absolute right to amend or revoke our trust, in
whole or in part, at any time. Any amendment or revocation must
be in writing, signed by both of us, and delivered to our Trustee.
This right to amend or revoke is personal to us and may not be
exercised by a legal representative of either of us. After the death
of one of us, this agreement shall not be subject to amendment or
revocation.
Section 2. The Definition of Our Disability
Our disability, for purposes of this agreement, shall be defined as follows:
a. The Opinion of Two Licensed Physicians
A Trustrnaker shall be deemed disabled during any period when, in
the opinion of two licensed physicians, a Trustmaker is incapacitated
or disabled because of illness, age, or any other cause which results
in the Trustmaker's inability to effectively manage his or her
property or fmancial affairs.
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, '
b. Court Determination
A Trustmaker shaH also be deemed to be disabled upon the determi-
nation of a court of competent jurisdiction that a Trustmaker is
incompetent, incapacitated, or otherwise legaHy unable to effectively
manage his or her property or fInancial affairs.
c. Disappearance or Absence
A Trustmaker shaH be deemed to be disabled upon the unexplained
disappearance or absence of a Trustmaker, or if a Trustmaker is
being detained under duress where the Trustmaker is unable to
effectively manage his or her property or fInancial affairs.
Section 3. Procedural Guidelines for Our Disability
During any period of time when one or both of us are disabled, our Trustee
shall apply the trust property, including its income, exclusively for our benefIt
and for our valid obligations by observing the following procedural guidelines:
a. The Disability of One of Us
Our Trustee shall provide as much of the principal and net income
of a disabled Trustmaker's separate estate, and as much of the
principal and net income of the disabled Trustmaker's share of the
community estate, if any, as is necessary or advisable, in its sole and
absolute discretion, for the health, support, maintenance, and general
welfare of the disabled Trustmaker.
b. Provide for the Other Trustmaker
During any period of time that one of us is disabled, our Trustee, in
its sole and absolute discretion, shaH provide as much of the
principal and net income of the disabled Trustmaker' s separate estate
and as much of the principal and net income of the disabled
Trustmaker's community estate, if any, as is necessary for the
education, health, maintenance, and support of the other Trustmaker.
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c. Provide fOf OUf Obligations
Our Trustee shall provide as much of the principal and net income
of our trust as our Trustee, in its sole and absolute discretion, deems
advisable for the payment of any valid obligations as confirmed by
our Trustee. A payment shall be paid from any community estate,
if an obligation of both of us, and out of a Trustmaker's separate
share or out of a Trustmaker's share of the community estate, if any,
if an obligation of that Trustmaker.
Our Trustee shall provide as much of the principal and net income
of our trust as our Trustee deems advisable for the payment of
insurance premiums on policies owned by one of us, either directly
or beneficially, or our trust. Our Trustee shall pay premiums for
any life insurance policies that are the sole and separate property of
one of us from that Trustmaker's sole and separate property.
d. Procedural Guidelines
In making distributions under this Section, our Trustee shall, at all
times, give primary consideration to the needs of the disabled
Trustmaker and thereafter to the other Trustmaker.
When making such distributions to the other Trustmaker, our Trustee
shall consider other income and resources available to the other
Trustmaker and that are known to our Trustee.
A distribution made to a Trustmaker shall not be charged against the
ultimate share which may be distributable to the Trustmaker under
any other provision of this agreement.
Section 4. Undistributed Net Income
Any net income which is not distributed under this Article shall be accumulat-
ed and added to principal.
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Article Five
Insurance Policies and Retirement Plans
Section 1. During Our Lives
During our lives, we shall have the following rights, and our Trustee shall
have the following duties, with respect to insurance policies or retirement
plans owned by or made payable to our trust, to the extent of our community
or sole and separate interest in those policies or plans.
a. A Trustmaker's Rights
Each of us reserves, and may exercise without the approval of our
Trustee or any beneficiary, all of the rights, powers, options, and
privileges with respect to any insurance policy, retirement plan,
annuity, or any other third-party beneficiary contract made payable
to our trust or deposited with our Trustee.
b. Our Trustee's Obligations
Our Trustee shall deliver to a Trustmaker or the Trustmaker's
designee, upon the Trustmaker's written request, any and all
insurance policies, retirement plan documents, annuity contracts, and
all other third-party beneficiary contracts, as well as all related
documents, which are owned by or deposited with our Trustee
pursuant to our trust. Our Trustee shall not be under any obligation
to have any or all of such documents returned.
Our Trustee shall have no obligation to see that premiums or other
sums that may be due and payable under any insurance policy,
retirement plan, annuity contract, or any other third-party beneficiary
contract are paid. Further, our Trustee shall have no obligation with
respect to any insurance policy, retirement plan, annuity contract, or
other third-party beneficiary contract, as well as any documents
related thereto, deposited with our Trustee, other than to provide for
their safekeeping.
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No provision of this agreement shall be construed to impose any
obligation on either of us to maintain any insurance policy, retire-
ment plan, annuity contract, or any other third-party beneficiary
contract in force.
Section 2. Upon a Trustmaker's Death
Upon the death of a Trustmaker, our Trustee shall make all appropriate
elections with respect to insurance policies, retirement plans, and other death
benefits which constitute the separate estate of the deceased Trustmaker. As
to all insurance policies, retirement plans, and other death benefits which are
a part of the community estate, our Trustee and the surviving Trustmaker shall
together make all appropriate elections consistent with the laws of the state
having jurisdiction over such property.
a. Collection of Insurance Proceeds and Other Nonretirement
Death Proceeds
Our Trustee shall make every reasonable effort to collect all sums
made payable to our trust or our Trustee under all life insurance
policies, or other nonretirement death benefit plans, which provide
for death proceeds made payable to or owned by the trust.
In collecting policy or death benefit proceeds, our Trustee may, in
its sole and absolute discretion, exercise any of the settlement options
that may be available under the terms of a policy or any other third-
party beneficiary contract with regard to the interest of the deceased
Trustmaker in those policy or death benefit proceeds.
Our Trustee shall not be liable to any beneficiary for the settlement
option ultimately selected.
b. Retirement Plan Elections
Our Trustee shall have the right, in its sole and absolute discretion,
to elect to receive any retirement plan death proceeds, whether under
a qualified pension, profit sharing, Keogh, individual retirement
account, or any other retirement plan, either in a lump sum or in any
other manner permitted by the terms of the particular retirement
plan, to the extent of the interest of the deceased Trustmaker.
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Our Trustee shall not be liable to any beneficiary for the death
benefit election ultimately selected.
Our Trustee, in its sole and absolute discretion, may disclaim the
benefits of any retirement plan payable to our trust, including
individual retirement accounts that are payable to our trust. Such
disclaimed benefits shall be payable to the surviving Trustmaker.
c. Collection Proceedings
Our Trustee may institute proceedings, whether in law or equity,
administrative or otherwise, to enforce payment of such proceeds.
Our Trustee need not, except at its option, enter into or maintain any
litigation or take action to enforce any payment until it has been
indemnified to its satisfaction for all expenses and liabilities to
which, in its sole judgment, it may be subjected.
Our Trustee is expressly authorized, in its sole and absolute
discretion, to adjust, settle, and compromise any and all claims that
may arise from the collection of any death proceeds. The decisions
of our Trustee shall be binding and conclusive on all beneficiaries.
d. Liability of Payor
No person or entity which pays insurance proceeds or other death
proceeds to our Trustee as beneficiary shall be required to inquire
into any of the provisions of this trust or to see to the application of
any such proceeds by our Trustee.
The receipt of the proceeds by our Trustee shall relieve the payor of any further liability as a result of making such payment.
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Article Six
Administration of Our Trust
upon the Death of a Trustmaker
Section 1. Payment of Expenses, Claims, and Taxes
Upon the death of the first one of us to die, our Trustee is authorized, but not
directed, to pay the following:
Expenses of the last illness, funeral, and burial, including memorials
of all types and memorial services of such kind as our Trustee in its
sole discretion shall approve.
Legally enforceable claims against the deceased or the estate.
Expenses with regard to the administration of the estate.
Federal estate tax, applicable state inheritance or estate taxes, or any
other taxes occasioned by death.
Statutory or court-ordered allowances for qualifying family members.
The payments authorized under this Section are discretionary, and no claims
or right to payment by third parties may be enforced against our trust by virtue
of such discretionary authority.
Our Trustee shall be indemnified from the trust property for any damages
sustained by our Trustee as a result of its exercising, in good faith, the
authority granted it under this Section.
The payments authorized under this Section shall be paid only to the extent
that the probate assets (other than real estate, tangible personal property, or
property that, in our Trustee's judgment, is not readily marketable) are
insufficient to make these payments.
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Section 2, Redemption of Treasury Bonds
If our trust holds United States Treasury Bonds which are eligible for
redemption at par in payment of the federal estate tax, our Trustee shall
redeem such bonds to the extent necessary to pay federal estate tax as a result
of a death.
Section 3. Coordination with the Personal Representative
This Section shall be utilized to help facilitate the coordination between the
personal representative of the deceased Trustmaker's probate estate, if any,
and our Trustee with respect to any property, whether owned solely or held
as community property, to the extent of the deceased Trustrnaker' s interest in
such property owned by the Trustrnaker outside of this trust agreement on the
Trustrnaker's death.
a. Authorized Payments
Our Trustee, in its sole and absolute discretion, may elect to make
the payments authorized under this Article either directly to the
appropriate persons or institutions or to the personal representative
of the deceased Trustrnaker's probate estate.
Our Trustee may rely upon the written statements of the deceased
Trustrnaker's personal representative as to all material facts relating
to these payments; our Trustee shall not have any duty to see to the
application of such payments.
b. Purchase of Assets and Loans
Our Trustee is authorized to purchase and retain in the form
received, as an addition to our trust, any property which is a part of
the deceased Trustrnaker's probate estate. In addition, our Trustee
may make loans, with or without security, to the deceased
Trustrnaker's probate estate. Our Trustee shall not be liable for any
loss suffered by our trust as a result of the exercise of the powers
granted in this paragraph.
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c. Distributions from the Personal Representative
Our Trustee is authorized to accept distributions from the personal
representative of the deceased Trustmaker's probate estate without
audit and our Trustee shall be under no obligation to examine the
records or accounts of the personal representative of the deceased
Trustmaker's probate estate.
Section 4. Treatment of Exempt Property
In making any payments pursuant to this Article, our Trustee shall not use any
property to the extent it is not included in the deceased Trustrnaker's gross
estate for federal estate tax purposes.
However, if our Trustee makes the determination, in its sole and absolute
discretion, that other nonexempt property is not available for payments
pursuant to this Article, or that it is not economically prudent to use
nonexempt property for the payment of such expenses, it may then use such
exempt property.
Section S. Apportionment
All expenses and claims and all estate, inheritance, and death taxes, excluding
any generation-skipping transfer tax, resulting from the death of a Trustmaker
shall be paid without apportionment and without reimbursement from any
person, except as otherwise specifically provided in this trust.
a. Protection of Marital Trust
Notwithstanding anything to the contrary in our trust, no death taxes
payable as a result of the death of the first Trustrnaker to die shall be
allocated to or paid from the Marital Trust or from any assets
passing to the surviving Trustmaker and qualifying for the federal
estate tax marital deduction unless our Trustee has first used all other
assets available to our Trustee.
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b. Property Passing Outside Our Trust
Notwithstanding anything to the contrary in our trust, estate,
inheritance, and death taxes assessed with regard to property passing
outside of our trust or outside of our probate estates, but included in
the gross estate of a Trustmaker for federal estate tax purposes, shall
be chargeable against the persons receiving such property.
Section 6. Our Trustee's Authority to Make Tax Elections
Our Trustee may exercise any available elections with regard to state or
federal income, inheritance, estate, succession, or gift tax law.
a. Alternate Valuation Date
The authority granted our Trustee in this Section includes the right
to elect any alternate valuation date for federal estate or state estate
or inheritance tax purposes.
b. Deduction of Administration Expenses
The authority granted our Trustee in this Section shall include the
right to elect whether all or any parts of the administration expenses
of a deceased Trustmaker's estate are to be used as estate tax
deductions or income tax deductions.
No compensating adjustments need be made between income and
principal as a result of such elections unless our Trustee, in its sole
and absolute discretion, shall determine otherwise, or unless required
by law.
c. Deferment of Estate Taxes
The authority granted our Trustee in this Section shall include the
right to elect to defer payment of all or a part of a deceased
Trustmaker's estate taxes, pursuant to any law permitting deferral,
and to enter into any agreement necessary to defer payment of estate
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taxes even if doing so extends the statute of limitations and regard-
less of whether sufficient funds are available to pay the estate taxes
when due.
d. Election for Qualified Terminable Interest Property
Our Trustee, in its sole and absolute discretion, may elect to have
trust property qualify for the federal estate tax marital deduction as
qualified terminable interest property under the appropriate provi-
sions of the Internal Revenue Code and its regulations.
e. Special Use Valuation
The authority granted to our Trustee in this Section shall include the
right to elect to value qualified real property at its value based upon
actual use rather than its fair market value and to enter into any
agreement necessary to make such election as permitted under the
Internal Revenue Code and its regulations.
f. Taxes and Returns
Our Trustee may also:
Sign joint tax returns.
Pay any taxes, interest, or penalties with regard to taxes.
Apply for and collect tax refunds and interest thereon.
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Article Seven
Distribution of Our Tangible Personal Property
and Specific Distributions
Section 1. Nonbusiness Tangible Personal Property
On the death of each of us, our Trustee shall distribute the nonbusiness
tangible personal property belonging to the deceased Trustmaker as follows:
a. Use of Memorandum
Our Trustee shall distribute the jewelry, clothing, household
furniture, furnishings and fixtures, chinaware, silver, photographs,
works of art, books, boats, automobiles, sporting goods, artifacts
relating to the hobbies of the deceased Trustmaker, and all other
tangible articles of household or personal use in accordance with any
written, signed, and dated memorandum left by the deceased
Trustmaker directing the distribution of such property.
Any memorandum written, dated, and signed by the deceased
Trustmaker disposing of nonbusiness tangible personal property shall
be incorporated by reference into this agreement.
Should the deceased Trustmaker leave multiple written memoranda
which conflict as to the disposition of any item of nonbusiness
tangible personal property, that memorandum which is last dated
shall control as to those items which are in conflict.
b. Distribution of Property Not Distributed by Memorandum
If state law does not allow the use of a memorandum to distribute
nonbusiness tangible personal property or, to the extent that a
Trustmaker's nonbusiness tangible personal property which is or
becomes trust property is not disposed of by memorandum for any
reason, then that nonbusiness tangible personal property shall be
distributed to the surviving Trustmaker.
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If both Trustmakers are deceased, our Trustee shall distribute the
nonbusiness tangible personal property to the deceased Trustmaker's
surviving children in substantially equal shares.
The children of the deceased Trustmaker shall then allocate specific
items of property among them as they shall agree. Our Trustee may
select the property for any child who is under any form of legal
disability. Our Trustee shall at all times be mindful of the desires of
a child when making a selection for that child.
To the extent that the children of the deceased Trustmaker fail to
agree as to the division of any item of nonbusiness tangible personal
property within a reasonable period of time after the death of the
deceased Trustmaker, our Trustee shall, in its sole and absolute
discretion, either divide the property equally among the children of
the deceased Trustmaker or sell the property and treat the proceeds
as nontangible personal property to be distributed under the terms of
this trust agreement.
Any decision made by our Trustee with respect to either the selection
or sale of the deceased Trustmaker's nonbusiness tangible personal
property shall be final and shall be binding on all of the beneficia-
ries.
c. Distribution on the Death of a Child
If a child should die before the complete distribution of the child's
share of nonbusiness tangible personal property, our Trustee shall
distribute that child's share to the child's then living descendants, per
stirpes.
If the child has no then living descendants, our Trustee shall
distribute the balance of the property to the deceased Trustmaker' s
then Jiving descendants, per stirpes.
If the deceased Trustmaker has no then living descendants, our
Trustee shall distribute the balance of the trust property as provided
in Article Thirteen of this agreement.
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Section 2. Business Tangible Personal Property
The disposition of the tangible personal property under this Article shall not
include tangible personal property which our Trustee, in its sole and absolute
discretion, determines to be part of or used exclusively in any business or
profession in which the deceased Trustmaker had an interest at the time of
death.
Section 3. Specific Distributions of Trust Property
Neither of us wishes to make any specific distributions of trUst property.
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Article Eight
Creation of the Marital and Family Trusts
Section 1. Division of Trust Property
Upon the death of the first one of us to die, our Trustee shall divide the trust
property into two separate trusts.
a. Creation of the Marital Trust
The Marital Trust shall consist of the surviving Trustmaker's interest
in the community portion of the trust property, if any, and his or her
separate portion of the trust property. In addition, the Marital Trust
shall consist of a dollar amount equal to the maximum federal estate
tax marital deduction allowable to the deceased Trustmaker's estate.
1. Nontrust Marital Deduction Assets
The Marital Trust shall be reduced by the value, for federal
estate tax purposes, of any interest in property that qualifies
for the federal estate tax marital deduction and which
passes or has passed from the deceased Trustmaker to the
surviving Trustmaker other than under this Article.
2. Amounts Not Taxable because of the Unified Credit
The Marital Trust shall also be reduced by that amount of
the deceased Trustmaker's estate which is not taxable by
reason of the unified credit against federal estate tax (after
taking into account adjusted taxable gifts, if any) as finally
determined for federal estate tax purposes, and the credit
for state death taxes (but only to the extent that the use of
this credit does not require an increase in the state death
taxes paid).
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3. Minimum Value of the Marital Trust
In no event shall the value of the Marital Trust be less than
one-half of the combined value of the surviving
Trustmaker's trust property, less all liabilities, and the
deceased Trustmaker's federal estate tax gross estate, less
all allowable federal estate tax deductions except the marital
deduction, reduced by the value of all nontrust marital
deduction assets passing to the surviving Trustmaker
pursuant to Paragraph a.I of this Section.
4. Pecuniary Amount
The marital deduction amount determined under this
Paragraph a shall be a pecuniary amount and not a
fractional share.
b. Creation of the Family Trust
The Family Trust shall consist of the balance of the trust property.
Section 2. Allocation of Assets between the Two Trusts
Our Trustee shall have complete authority to make allocations of the deceased
Trustmaker's trust property between the Marital and Family Trusts. It may,
in its sole and absolute discretion, make allocations in cash or in kind, in
undivided interests, or in any proportion thereof between the two trusts.
a. Nonqualifying Property
Our Trustee shall not allocate any property or the proceeds from any
property to the Marital Trust which would not qualify for the federal
estate tax marital deduction in the deceased Trustmaker's estate.
b. Life Insurance Policies on the Surviving Trustmaker's Life
Our Trustee shall not allocate any policies of life insurance insuring
the life of the surviving Trustmaker to the Marital Trust.
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c. Insufficient Assets for Funding the Marital Trust
To the extent that there are insufficient assets qualifying for the
marital deduction to fully fund the Marital Trust, the amount of the
funding to the Marital Trust shall be reduced accordingly.
Section 3. Distributions from Retirement Plan to the Marital
Trust
If Retirement Plan distributions are included in the Marital Trust our Trustee
shall comply with the following guidelines.
a. Form of Distribution
Our Trustee may elect to receive distributions from any pension, profit
sharing, individual retirement account, or other retirement plan ("Retire.
ment Plan") for which our Trust is named as beneficiary, in installments
or in a lump sum.
b. Income Requirement
Our Trustee shall elect to receive distributions from a Retirement Plan
payable to the Marital Trust in compliance with the minimum distribution
rules of the Internal Revenue Code if applicable and also so that at least
all income earned by the Retirement Plan each calendar year is distributed
to the Trust and allocated to trust income during the year. If distributions
from the Retirement Plan total less than all income earned by the
Retirement Plan for a calendar year, our Trustee shall demand additional
distributions equal to at least the shortfall so that the surviving Trustmaker
will receive all income earned by the Retirement Plan at least annually.
The surviving Trustmaker shall have full power, in his or her discretion,
to compel our Trustee to demand such distributions and to compel the
Retirement Plan Trustee to convert any nonproductive property to
productive property.
c. Retirement Plan Expenses
In calculating "all income earned by the Retirement Plan," our Trustee
shall allocate all Retirement Plan expenses, including income taxes and
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trustee's fees, that are attributable to principal distributions so that all
income distributions from the Retirement Plan are not reduced.
Section 4. The Valuation of Marital Trust Property
In making the computations necessary to determine the amount passing to the
Marital Trust, our Trustee shall use those values as fInally determined for
federal estate tax purposes.
a. Valuation of Property at Distribution Date
In no event shall the aggregate fair market value of the cash and
other property on the date or dates of distribution be less than the
amount of the Marital Trust as fmally determined for federal estate
tax purposes.
b. Consideration of Tax Consequences
When making the decision as to which property shall be allocated to
the Marital Trust, our Trustee shall consider the tax consequences
and advisability of allocating property subject to foreign death tax,
property on which a tax credit is available, or property which is
income in respect of a decedent under applicable income or estate tax
laws.
Section 5. The Surviving Trustmaker's Right to Convert
Marital Trust Assets
The surviving Trustrnaker shall have the absolute and unequivocal right to
compel our Trustee, at any time, to convert any nonproductive property held
as an asset of the Marital Trust to productive property. This right shall be
exercised in writing delivered to our Trustee.
Section 6. Disclaimer
The surviving Trustrnaker may disclaim all or any portion of any interest in
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property or power with respect to property passing to the survlvmg
Trustmaker, or for the surviving Trustmaker's benefit, under this trust within
the time and under the conditions permitted by law with regard to disclaimers.
The surviving Trustmaker's disclaimer may be exercised by delivering an
irrevocable and unqualified refusal to accept all or any portion of such interest
or power to our Trustee.
If the surviving Trustmaker exercises this disclaimer with respect to all or any
portion of the Marital Trust, the interest so disclaimed shall be added to the
Family Trust.
If the surviving Trustmaker exercises this disclaimer as to the surviving
Trustmaker's interest in all or any portion of the Family Trust, the interest that
is disclaimed shall be disposed of under the appropriate provisions of this
agreement as though the surviving Trustmaker had predeceased the first
Trustmaker to die.
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Article Nine
The Marital Trust
Section 1. The Surviving Trustmaker's Right to Income
Our Trustee shall pay to or apply for the benefit of the surviving Trustrnaker,
at least monthly during the lifetime of the surviving Trustrnaker, all of the net
income from the Marital Trust.
Section 2. The Surviving Trustmaker's Right to Withdraw
Principal
Our Trustee shall pay to or apply for the benefit of the surviving Trustrnaker
such amounts from the principal of the Marital Trust as the surviving
Trustrnaker may at any time request in writing.
No limitation shall be placed on the surviving Trustrnaker as to either the
amount of or reason for such invasion of principal.
Section 3. Principal Distributions in Our Trustee's Discretion
Our Trustee may also distribute to or for the benefit of the surviving
Trustrnaker as much of the principal of the Marital Trust as our Trustee, in its
sole and absolute discretion, shall consider necessary or advisable for the
education, health, maintenance, and support of the surviving Trustmaker.
Section 4. The Surviving Trustmaker's General Power of
Appointment
The surviving Trustmaker shall have the unlimited and unrestricted general
power to appoint, by a valid last will and testament or by a valid living trust
agreement, the entire principal and any accrued and undistributed net income
of the Marital Trust as it exists at the Trustrnaker's death. In exercising this
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general power of appointment, the surviving Trustmaker shall specifically refer
to this power.
The surviving Trustmaker shall have the sole and exclusive right to exercise
the general power of appointment.
This general power of appointment specifically grants to the survlvmg
Trustmaker the right to appoint property to the surviving Trustmaker's own
estate. It also specifically grants to the surviving Trustmaker the right to
appoint the property among persons, corporations, or other entities in equal or
unequal proportions, and on such terms and conditions, whether outright or in
trust, as the surviving Trustmaker may elect.
Section 5. Administration of the Marital Trust at the Death of
the Surviving Trustmaker
The Marital Trust shall terminate at the death of the surviving Trustmaker.
Our Trustee shall administer the unappointed balance or remainder of the
Marital Trust as follows:
a. The Surviving Trustmaker's Final Expenses
Our Trustee is authorized, but not directed, to pay the following
expenses, claims, and other liabilities:
Expenses of the last illness, funeral, and burial of the
Trustmaker.
Legally enforceable claims against the survlvmg
Trustmaker or the surviving Trustmaker's estate.
Expenses with regard to the administration of the surviving
Trustmaker's estate.
Federal estate tax. applicable state inheritance or estate
taxes, or any other taxes occasioned by the death of the
surviving Trustmaker.
Statutory or court-ordered allowances for qualifying fantily
members.
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The payments authorized under this Section are discretionary, and no
claims or right to payment by third parties may be enforced against
the trust by virtue of such discretionary authority.
Our Trustee shall be indemnified from the trust property for any
damages sustained by our Trustee as a result of its exercising, in
good faith, the authority granted it under this Section.
It is our desire that, to the extent possible, any payments authorized
under this Section be paid from the surviving Trustmaker's probate
estate before any payments are made pursuant to this Section.
Our Trustee shall, to the extent that it is reasonable and prudent,
coordinate with the surviving Trustmaker's personal representative
to minimize expenses and taxes resulting from the surviving
Trustmaker's death.
b. Redemption of Treasury Bonds
If the Marital Trust holds United States Treasury Bonds eligible for
redemption in payment of the federal estate tax, our Trustee shall
redeem the bonds to the extent necessary to pay any federal estate
tax due by reason of the death of the surviving Trustmaker.
c. Coordination with the Personal Representative
This Paragraph shall be utilized to help facilitate the coordination
between the personal representative of the surviving Trustmaker's
probate estate and our Trustee with respect to any property owned by
the surviving Trustmaker outside of this agreement at the surviving
Trustmaker's death.
1. Authorized Payments
Our Trustee, in its sole and absolute discretion, may elect
to pay the payments authorized under this Section either
directly to the appropriate persons or institutions or to the
surviving Trustmaker's personal representative.
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Our Trustee may rely upon the written statements of the
surviving Trustmaker's personal representative as to all
material facts relating to these payments; our Trustee shall
not have any duty to see to the application of such pay-
ments .
2. Purchase of Assets and Loans
Our Trustee is authorized to purchase and retain in the
form received, as an addition to the trust, any property
which is a part of the surviving Trustmaker's probate
estate. In addition, our Trustee may make loans, with or
without security, to the surviving Trustmaker's probate
estate. Our Trustee shall not be liable for any loss suffered
by the trust as a result of the exercise of the powers
granted in this paragraph.
3. Distributions from the Personal Representative
Our Trustee is authorized to accept distributions from the
surviving Trustmaker's personal representative without
audit and our Trustee shall be under no obligation to
examine the records or accounts of the personal representa-
tive.
d. Trustee's Authority to Make Tax Elections
Our Trustee may exercise any available elections with regard to state
or federal income, inheritance, estate, succession, or gift tax law.
1. Alternate Valuation Date
The authority granted our Trustee in this Paragraph
includes the right to elect any alternate valuation date for
federal estate or state estate or inheritance tax purposes.
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2. Deduction of Administration Expenses
The authority granted our Trustee in this Paragraph shall
include the right to elect whether all or any parts of the
administration expenses of the surviving Trusunaker's
estate are to be used as estate tax deductions or income tax
deductions.
No compensating adjustments need be made between
income and principal as a result of such elections unless our
Trustee, in its sole and absolute discretion, shall determine
otherwise, or unless required by law.
3. Taxes and Returns
Our Trustee may also sign tax returns; pay any taxes,
interest, or penalties with regard to taxes; and apply for
and collect tax refunds and interest thereon.
Section 6. Subsequent Administration of the Marital Trust
The unappointed balance or remainder of the Marital Trust shall be adminis-
tered as provided in Article Eleven.
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, ,
Article Ten
The Family Trust
Section 1. Income and Principal Distributions in Our Trustee's
Discretion
If there is a surviving Trusunaker, our Trustee shall distribute to or for the
benefit of the surviving Trusunaker and our descendants as much of the net
income and principal of the Family Trust as our Trustee, in its sole and
absolute discretion, shall consider necessary or advisable for their education,
health, maintenance, and support,
a. Undistributed Net Income
Any net income of the Family Trust which is not distributed by our
Trustee shall be accumulated and added to the principal of the
Family Trust.
b. Primary Consideration to Be Given to the Surviving Trust-
maker
Our Trustee shall, at all times, give primary consideration to the
education, health, maintenance, and support of the surviving
Trusunaker, and only thereafter to our descendants,
c. Distributions of Principal from the Marital Trust
In making discretionary distributions of principal to the surviving
Trusunaker, our Trustee shall preferably make all distributions of
principal from the Marital Trust until it is exhausted, and only
thereafter from the Family Trust.
d. Discharge of a Legal Obligation of the Surviving Trustmaker
If the surviving Trusunaker has the power to remove a Trustee of
this Family Trust, our Trustee shall not distribute any of the
principal of the Family Trust that would in any manner discharge the
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surviving Trustmaker's legal obligation to a beneficiary of the Family
Trust. If the surviving Trustmaker is disabled, our Trustee shall
ignore this restriction during the period of the surviving Trustmaker's
disability, and the surviving Trustmaker shall not have the power to
remove a Trustee of the Family Trust.
Section 2. Discretionary Guidelines for Our Trustee
Our Trustee shall be mindful that our primary concern and objective is to
provide for the education, health, maintenance, and support of the surviving
Trustmaker and our descendants, and that the preservation of principal is not
as important as the accomplishment of these objectives.
In making discretionary distributions pursuant to this Article, our Trustee shall
consider the following factors:
a. Other Resources Available to Our Beneficiaries
Our Trustee, in making distributions pursuant to this Article, shall
take into consideration, to the extent that our Trustee, in its sole and
absolute discretion, deems advisable, any income or other resources
which are available outside of the Family Trust to our beneficiaries.
b. Distributions to Our Beneficiaries According to Their Needs
Our Trustee may make distributions to or for the benefit of one or
more of the beneficiaries of the Family Trust to the complete
exclusion of the other beneficiaries. These distributions may be made
to a beneficiary or beneficiaries in equal or unequal amounts
according to the respective needs of our beneficiaries.
A distribution to or for the benefit of a beneficiary shall be charged
to the Family Trust rather than against the beneficiary's ultimate
share or the shares of those persons taking through such beneficiary
upon the termination of the Family Trust.
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Section 3. Limited Power of Appointment
The surviving Trustmaker shall have the limited testamentary power to appoint
to or for the benefit of our descendants, either by a valid last will and
testament or by a valid living trust agreement executed by the surviving
Trustmaker, all or any portion of the principal and any accrued and undistrib-
uted net income of the Family Trust as it exists at the surviving Trustmaker's
death.
The surviving Trustmaker may make distributions among our descendants in
equal or unequal amounts, and on such terms and conditions, either outright
or in trust, as the surviving Trustmaker shall determine.
This power shall not be exercised in favor of the surviving Trustmaker's
estate, the creditors of the surviving Trustmaker's estate, or in any manner
which would result in any economic benefit to the surviving Trustmaker.
Section 4. Termination of the Family Trust
The Family Trust shall terminate at the death of the surviving Trustmaker. To
the extent that the limited power of appointment is not exercised by the
surviving Trustmaker, the remainder of the Family Trust, including any
accrued and undistributed net income, shall be administered as provided in the
Articles that follow.
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Article Eleven
The Common Trust
It is not our desire to create a Common Trust for the benefit of our children.
Upon the death of the second Tmstmaker to die, all of the trust property which
has not been distributed under prior provisions of this agreement shall be
divided, administered, and distributed under the Articles that follow.
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Article Twelve
Distribution of Our Trust Property
Section 1. Division into Separate Shares
The rem:lining trust property shall be divided into as many shares as shall be
necessary to create one equal share for each of our then living children, and
one equal share for each of our deceased children who has then living
descendants.
Section 2. Distribution of Trust Shares for Our Living Chil-
dren
The share of each child who survives us shall be distributed as follows:
a. Distribution of Trust Share for IRVIN E. STAMBAUGH,
JR.
The trust share for IRVIN E. STAMBAUGH, JR. shall be held in
trust and administered and distributed as follows:
1. Distributions of Net Income
Our Trustee shall pay to or apply for IRVIN E.
STAMBAUGH, JR.'s benefit, at least monthly during his
life, all of the net income from his trust share.
2. Distributions of Principal
Our Trustee shall pay to or apply for IRVIN E.
STAMBAUGH, JR.'s benefit such amounts from the
principal of his trust share as he may at any time request in
writing.
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No limitation shall be placed on IRVIN E. STAMBAUGH,
JR. as to either the amount of or the reason for such
invasion of principal.
3. Principal Distributions in Our Trustee's Discretion
Our Trustee may also distribute to or for IRVIN E.
ST AMBA UGH, JR.'s benefit as much of the principal of
his trust share as our Trustee, in its sole and absolute
discretion, shall consider necessary or advisable for his
education, health, maintenance, and support.
4. Distribution on the Death of IRVIN E.
STAMBAUGH, JR.
If IRVIN E. STAMBAUGH, JR. should die before the
complete distribution of his trust share, his trust shall
terminate and our Trustee shall distribute the balance of the
trust property to his then living descendants, per stirpes.
If IRVIN E. STAMBAUGH, JR. has no then living
descendants, our Trustee shall distribute the balance of the
trust property to our then living descendants, per stirpes.
If we have no then living descendants, our Trustee shall
distribute the balance of the trust property as provided in
Article Thirteen of this agreement.
b. Distribution of Trust Share for RA Y1- ~ I It STAMBAUGH
The trust share for RA )'1.- 1 ST AMBA UGH shall be held in trust
and administered and distributed as follows:
1. Distributions of Net Income
Our Trustee shall pay to or apply for RA) 1
STAMBAUGH's benefit, at least monthly during his life,
all of the net income from his trust share.
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2. Distributions of Principal
Our Trustee shall pay to or apply for RA y j
STAMBAUGH's benefit such amounts from the principal
of his trust share as he may at any time request in writing.
No limitation shall be placed on RA y '"
ST AMBA UGH as to either the amount of or the reason for
such invasion of principal.
3. Principal Distributions in Our Trustee's Discretion
Our Trustee may also distribute to or for RA ',1
STAMBAUGH's benefit as much of the principal of his
trust share as our Trustee, in its sole and absolute
discretion, shall consider necessary or advisable for his
education, health, maintenance, and support.
4. Distribution on the Death of RA y-
STAMBAUGH
If RAYU::IlD STAMBAUGH should die before the
complete distribution of his trust share, his trust shall
terminate and our Trustee shall distribute the balance of the
trust property to his then living descendants, per stirpes.
If RAYUilIfE STAMBAUGH has no then living
descendants, our Trustee shall distribute the balance of the
trust property to our then living descendants, per stirpes.
If we have no then living descendants, our Trustee shall
distribute the balance of the trust property as provided in
Article Thirteen of this agreement.
c. Distribution of Trust Share for Afterborn or Adopted
Children
If we have any additional children or legally adopt any children who
are under the age of 18 after the creation of our trust, each such
child's share shall be administered and distributed under the trust
provisions of Article Fourteen.
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Section 3. Share of a Descendant of a Deceased Child
Each share set aside for a deceased child who has then living descendants shall
be distributed or administered as follows:
a. Outright Distribution
Each share set aside for a deceased child who has then living
descendants shall be distributed to such descendants, per stirpes.
b. Retention of a Minor's or Disabled Descendant's Portion in
Trust
If any portion of a share is distributable under this Section to any
descendant of a deceased child who is under 21 years of age, or to
any such descendant who is disabled or incapacitated as defined in
Article Eighteen of this agreement, then our Trustee shall retain such
portion in trust under the provisions of Article Fourteen.
Section 4. Retention of Distributions in Trust
Whenever a distribution is authorized or required to be made by a provision
of this Article to any beneficiary, then that beneficiary may direct our Trustee
in writing to retain such distribution in trust as follows:
a. A Beneficiary's Right to Income
Our Trustee, during the lifetime of the beneficiary, shall pay to or
apply for the benefit of the beneficiary from time to time and at the
beneficiary's written direction all of the net income from this trUst.
b. A Beneficiary's Right to Withdraw Principal
Our Trustee shall pay to or apply for the benefit of the beneficiary
such amounts from the principal as the beneficiary may at any time
request in writing.
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No limitation shall be placed on the beneficiary as to either the
amount of or reason for such invasion of principal.
c. Principal Distributions in Our Trustee's Discretion
Our Trustee may also distribute to or for the benefit of the beneficia-
ry as much of the principal of the trust as our Trustee, in its sole and
absolute discretion, shall consider necessary or advisable for the
education, health, maintenance, and support of the beneficiary.
d. A Beneficiary's General Power of Appointment
The beneficiary shall have the unlimited and unrestricted general
power to appoint, by a valid last will and testament or trust agree-
ment, the entire principal and any accrued and undistributed net
income of the trust as it exists at the beneficiary's death. In
exercising this general power of appointment, the beneficiary shall
specifically refer to this power.
The beneficiary shall have the sole and exclusive right to exercise the
general power of appointment.
This general power of appointment specifically grants to the
beneficiary the right to appoint property to the beneficiary's own
estate. It also specifically grants to the beneficiary the right to
appoint the property among persons, corporations, or other entities
in equal or unequal proportions, and on such terms and conditions,
whether outright or in trust, as the beneficiary may elect.
Any property in the trUst which is not distributed pursuant to the
exercise of the general power of appointment shall be distributed to
the beneficiary's then living descendants, per stirpes.
If the beneficiary has no then living descendants, our Trustee shall
distribute the remaining trust property as provided in Article Thirteen
of this agreement.
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Article Thirteen
Ultimate Distribution Pattern
It is not our desire to make any distributions under this article.
13-1
Article Fourteen
Methods of Distribution and Trust
Administration with Regard to
Minor and Disabled Beneficiaries
Section 1. General Guidelines for Distribution
Whenever a distribution is authorized or required by a provision of this
agreement to any beneficiary who is disabled or incapacitated, such distribu-
tion may be made by our Trustee:
Without continuing court supervIsIOn or the intervention of a
guardian, conservator, or any other legal representative.
Without giving or requiring any bond or surety on bond.
Pursuant to any of the methods authorized under this Article.
In making distributions under this Article, disability or incapacity shall include
adjudicated mental incapacity by a court of competent jurisdiction, or
incapacity because of age, illness, or injury.
Before making any distributions to beneficiaries, other than a Trustmaker,
under this Article, it is our desire that our Trustee, to the extent that it is both
reasonable and possible:
Inquire into the ultimate disposition of the distributed funds.
Take into consideration the behavior of trust beneficiaries with
regard to their disposition of prior distributions of trust property.
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.
Our Trustee shall obtain a receipt from the person, corporation, or other entity
receiving any distribution called for in this Article.
Section 2. Methods of Payment
Our Trustee may make the distributions called for in this Article in anyone
or more of the following ways:
Directly to a beneficiary.
To persons, corporations, or other entities for the use and benefit of
the beneficiary.
To an account in a commercial bank or savings institution in the
name of the beneficiary, or in a form reserving the title, manage-
ment, and custody of the account to a suitable person, corporation,
or other entity for the use and benefit of the beneficiary.
In any prudent form of annuity purchased for the use and benefit of
the beneficiary.
To any person or duly licensed financial institution, including our
Trustee, as a custodian under the Uniform Transfers to Minors Act,
or any similar act, of any state, or in any manner allowed by any
state statute dealing with gifts or distributions to minors or other
individuals under a legal disability.
To any guardian or other person deemed by our Trustee to be
responsible, and who has assumed the responsibility of caring for the
beneficiary .
Section 3. Our Trustee's Discretion to Keep Property in Trust
If any trust property becomes distributable to a beneficiary when the
beneficiary is under 21 years of age, or when the beneficiary is under any
form of legal disability, as defmed in Article Eighteen, our Trustee may retain
that beneficiary's share in a separate trust until he or she attains 21 years of
age, or until his or her legal disability has ceased, as follows:
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a. Distributions of Trust Income and Principal
Our Trustee shall apply to or for the benefit of the beneficiary as
much of the net income and principal of the trust as our Trustee, in
its sole and absolute discretion, deems necessary or advisable for the
beneficiary's education, health, maintenance, and support.
In making any distributions of income and principal under this
Article, our Trustee shall be mindful of, and take into consideration
to the extent it deems necessary, any additional sources of income
and principal available to the beneficiary which arise outside of this
agreement.
Any net income not distributed to a beneficiary shall be accumulated
and added to principal.
b. Termination and Distribution
Our Trustee shall distribute the trust property to a beneficiary:
When he or she attains 21 years of age, or
When he or she ceases to be disabled.
c. A Beneficiary's General Power to Appoint Trust Property
If a beneficiary should die before the complete distribution of his
or her trust, the trust shall terminate and all of the trust property
shall be distributed to such persons, corporations, or other entities,
including the beneficiary's own estate, in the manner in which the
beneficiary shall elect.
This general power of appointment must be exercised by the
beneficiary by either a valid living trust or last will and testament,
either of which specifically refers to this power of appointment.
To the extent this general power of appointment is not exercised, our
Trustee shall distribute the remaining trust property to the then living
descendants of the beneficiary, per stirpes.
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If the beneficiary has no then living descendants, our Trustee shall
distribute the remaining trust property to our then living descendants,
per stirpes.
If we have no then living descendants, our Trustee shall distribute
the remaining trust property as provided in Article Thirteen of this
agreement.
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Article Fifteen
The Resignation, Replacement, and
Succession of Our Trustees
Section 1. The Resignation of a Trustee
Any Trustee may resign by giving thirty days' written notice to each of us or
to our respective legal representatives. If either of us is not living, the notice
shall be delivered to the Trustee and to all of the beneficiaries then eligible to
receive mandatory or discretionary distributions of net income from any trust
created under this agreement.
If a beneficiary is a minor or is legally incapacitated, the notice shall be
delivered to that beneficiary's guardian or other legal representative.
Section 2. The Removal of a Trustee
Any Trustee may be removed as follows:
a. Removal by Us
We reserve the right to remove any Trustee at any time, but only if
we both agree.
b. Removal by One of Us
After one of us dies or during any period that one of us is disabled
and the other Trustmaker is living and is not disabled, the surviving
nondisabled Trustmaker may remove any Trustee.
c. Removal by Other Beneficiaries
After the death or incapacity of both of us, a majority of the
beneficiaries then eligible to receive mandatory or discretionary
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distributions of net income under this agreement may remove any
Trustee.
d. Notice of Removal
Neither of us, nor any of our beneficiaries, need give any Trustee
being removed any reason, cause, or ground for such removal.
Notice of removal shall be effective when made in writing by either:
Personally delivering notice to the Trustee and securing a
written receipt, or
Mailing notice in the United States mail to the last known
address of the Trustee by certified mail, return receipt
requested.
Section 3. Replacement of Trustees
Whenever a Trustee is removed, dies, resigns, becomes legally incapacitated,
or is otherwise unable or unwilling to serve, that Trustee shall be replaced as
follows:
a. The Death or Disability of a Trustee While WeAre Serving
as Trustees
We may serve as the only Trustees or we may name any number of
Trustees to serve with us. If any of these other Trustees subsequent-
ly die, resign, become legally incapacitated, or are otherwise unable
or unwilling to serve as a Trustee, we mayor may not fill the
vacancy, as we both agree.
b. Disability Trustees of IRVIN E. STAMBAUGH
Upon the disability of IRVIN E. STAMBAUGH, the following shall
serve as disability Trustees:
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THELMA G. STAMBAUGH, IRVIN E. STAMBAUGH,
JR. and RAYMOND STAMBAUGH, or the survivor of
them.
If the nondisabled Trustmaker is then serving as a Trustee, she shall
continue to serve upon the disability of IRVIN E. STAMBAUGH.
c. Disability Trustees of THELMA G. STAMBAUGH
Upon the disability of THELMA G. STAMBAUGH, the following
shall serve as disability Trustees:
IRVIN E. STAMBAUGH, IRVIN E. STAMBAUGH, JR.
and RA YI II ~ STAMBAUGH, or the survivor of them.
If the nondisabled Trustmaker is then serving as a Trustee, he shall
continue to serve upon the disability of THELMA G.
STAMBAUGH.
d. Death Trustees of IRVIN E. STAMBAUGH
On the death of IRVIN E. STAMBAUGH, THELMA G.
STAMBAUGH acting as our death Trustee shall replace all of our
initial Trustees, if they are then serving, or all of the disability Trust-
ees, if they are then serving.
If the surviving Trustmaker is then serving as a Trustee, she shall
continue to serve upon the death of IRVIN E. STAMBAUGH.
If the death Trustee is unwilling or unable to serve as a death
Trustee, or cannot continue to serve for any other reason, then the
following shall be named as successor death Trustees in the order in
which their names appear:
IRVIN E. ST AMBAUGH, JR. and RA I1' '~"'Q
STAMBAUGH, or the survivor of them.
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e. Death Trustees of THELMA G. STAMBAUGH
au the death of THELMA G. STAMBAUGH, IRVIN E.
STAMBAUGH acting as our death Trustee shall replace all of our
initial Trustees, if they are then serving, or all of the disability
Trustees, if they are then serving.
If the surviving Trustmaker is then serving as a Trustee, he shall
continue to serve upon the death of THELMA G. STAMBAUGH.
If the death Trustee is unwilling or unable to serve as a Trustee, or
cannot continue to serve for any other reason, then the following
shall be named as successor death Trustees in the order in which
their names appear:
IRVIN E. STAMBAUGH, JR. and RAIl
STAMBAUGH, or the survivor of them.
f. Successor Trustees
A successor death Trustee shall be replaced upon death, resignation,
or legal disability and the next successor death Trustee in the order
named above shall serve and carry out the terms and provisions of
our trust.
A Trustee may be listed more than once in this Section or an initial
Trustee may also be named as a disability Trustee or a Trustee who
will serve at death. Naming a Trustee more than once is done as a
convenience only and is not to be construed as a termination of that
Trustee's trusteeship.
g. Unfilled Trusteeship
In the event no named Trustees are available, a majority of the
beneficiaries then eligible to receive mandatory or discretionary
distributions of net income under this agreement shall forthwith name
a corporate fiduciary.
If a majority of the beneficiaries then eligible to receive mandatory
or discretionary distributions of net income under this agreement
cannot agree on a corporate fiduciary, any beneficiary can petition
15-4
a court of competent jurisdiction, ex parte, to designate a corporate
fiduciary as a Trustee.
The court that designates the successor Trustee shall not acquire any
jurisdiction over any trust created under this agreement, except to the
extent necessary to name a corporate fiduciary as a successor
Trustee.
Section 4. Corporate Fiduciaries
Any corporate fiduciary named in this trust agreement or appointed by a court
of competent jurisdiction as a Trustee must be a bank or trust company
situated in the United States having trust powers under applicable federal or
state law.
Such fiduciary shall have a combined capital and surplus of at least 4 million
dollars.
Section 5. Powers and Liabilities of Successor Trustee
Any successor Trustee, whether corporate or individual, shall have all of the
rights, powers, and privileges, and be subject to all of the obligations and
duties, both discretionary and ministerial, as given to the original Trustees.
Any successor Trustee shall be subject to any restrictions imposed on the
original Trustees. No successor Trustee shall be required to examine the
accounts, records, and acts of any previous Trustees.
No successor Trustee shall in any way be responsible for any act or omission
to act on the part of any previous Trustees.
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Article Sixteen
General Matters and Instructions
with Regard to the Trusteeship
Section 1. Use of "Trustee" Nomenclature
As used throughout this agreement, the word "Trustee" shall refer to our
initial Trustee as well as any single, additional, or successor Trustees. It shall
also refer to any individual, corporation, or other entity acting as a replace-
ment, substitute, or added Trustee.
Section 2. No Requirement to Furnish Bond
Our Trustee shall not be required to furnish any bond for the faithful
performance of its duties.
If a bond is required by any law or court of competent jurisdiction, it is our
desire that no surety be required on such bond.
Section 3. Court Supervision Not Required
All trusts created under this agreement shall be administered free from the
active supervision of any court.
Any proceedings to seek judicial instructions or a judicial determination shall
be initiated by our Trustee in the appropriate state court having original
jurisdiction of those matters relating to the construction and administration of
trusts .
Section 4. Our Trustee's Responsibility to Make Information
Available to Beneficiaries
Our Trustee shall report, at least semiannually, to the beneficiaries then
16-1
eligible to receive mandatory or discretionary distributions of the net income
from the various trusts created in this agreement all of the receipts, disburse-
ments, and distributions occurring during the reporting period along with a
complete statement of the trust property.
The trust's books and records along with all trust documentation shall be
available and open at all reasonable times to the inspection of the trust
beneficiaries and their representatives.
Our Trustee shall not be required to furnish trust records or documentation to
any individual, corporation, or other entity that is not a beneficiary, does not
have the express written approval of a beneficiary, or is not requesting such
pursuant to a court order.
Section 5. Delegation among Our Trustees
Any Trustee may delegate to any other Trustee the power to exercise any or
all powers granted our Trustee in this agreement, including those which are
discretionary, if allowed by law.
Our delegating Trustee may revoke any such delegation at will.
The delegation of any such power, as well as the revocation of any such
delegation, shall be evidenced by an instrument in writing executed by the
delegating Trustee.
As long as any such delegation is in effect, any of the delegated powers may
be exercised by the Trustee receiving such delegation with the same force and
effect as if the delegating Trustee had personally joined in the exercise of such
power.
Section 6. Utilization of Substitute Trustee
If our Trustee is unwilling or unable to act as to any trust property, our
Trustee shall designate, in writing, an individual, bank trust department, or
trust company to act as a substitute Trustee with regard to such property.
The property being administered by the substitute Trustee, as well as the net
income therefrom, shall be distributed or remitted as directed by the delegating
Trustee consistent with the terms of this agreement.
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Each substitute Trustee shall exercise all of the fiduciary powers granted by
this agreement unless expressly limited by the delegating Trustee in the
instrument appointing such substitute Trustee, or by any provision within this
Section.
Any substitute Trustee may resign at any time by delivering written notice to
our Trustee to that effect.
Section 7. Trustee's Fee
Our Trustee shall be entitled to fair and reasonable compensation for the
services it renders as a fiduciary. The amount of compensation shall be an
amount equal to the customary and prevailing charges for services of a similar
nature during the same period of time and in the same geographic locale.
Our Trustee shall be reimbursed for the reasonable costs and expenses incurred
in connection with its fiduciary duties under this agreement.
Section 8. A Majority of Trustees Required to Control
When more than two Trustees are acting, the concurrence and joinder of a
majority of Trustees shall control in all matters pertairting to the administration
of any trust created under this agreement.
If only two Trustees are acting, the concurrence and joinder of both shall be
required.
When more than two Trustees are acting, any dissenting or abstaining Trustee
may be absolved from personal liability by registering a written dissent or
abstention with the records of the trust; the dissenting Trustee shall thereafter
act with the other Trustees in any manner necessary or appropriate to
effectuate the decision of the majority.
Section 9. Successor Corporate Fiduciaries
If any bank or trust company succeeds to the trust business of any corporate
fiduciary serving as a Trustee under this agreement, whether because of a
name change or any other form of reorganization, or if such corporate
16-3
fiduciary ever transfers all of its existing business to any other bank or trust
company, the successor shall thereupon, without any action being required,
succeed to the trusteeship as if originally named.
Section 10.
Early Termination of Trusts Based on
Cost
If our Trustee, other than the surviving Trustmaker acting as a Trustee, shall
determine, in its sole and absolute discretion, that any trust created under this
agreement has become uneconomical to administer due to the high cost of
administration relative to the value of the trust property, our Trustee may
terminate such trust or trusts and distribute the trust property, including any
accrued but undistributed net income, in the following order:
To either one of us if we are then living.
To the then mandatory income beneficiaries of the trust, per stirpes.
To the beneficiaries then entitled to receive discretionary payments
of income of the trust, per stirpes.
Section 11.
Generation-Skipping Tax Provisions
In order to minimize the impact of any generation-skipping tax that may be
applied to any of the trusts created by this agreement or their beneficiaries, our
Trustee, in its sole and absolute discretion, is authorized to take the following
actions:
a. Division into Exempt and Nonexempt Trusts
If any trust created under this agreement would be partially exempt
from generation-skipping tax by reason of an allocation of a
generation-skipping tax exemption to it, prior to such allocation our
Trustee shall divide the total trust assets into two separate trust
shares of equal or unequal value, to permit allocation of the
exemption solely to one trust share (the "exempt trust"). The exempt
trust shall consist of a fractional interest of the total trust assets in an
amount necessary to cause the exempt trust to be entirely exempt
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from generation-skipping tax. The other trust share (the "nonexempt
trust") shall consist of the remaining fractional interest of the total
trust assets. For purposes of this allocation, assets values as fInally
determined for federal estate tax purposes shall be used.
b. Additions to a Separate Trust
If a trust under this agreement, whether created under this Section or
not, is entirely exempt or nonexempt from generation-skipping tax
and adding property to it would partially subject the trust to
generation-skipping tax, our Trustee may hold that property in a
separate trust in lieu of making the addition.
c. Terms of the Trusts
If our Trustee divides a trust into two separate trust shares or creates
a separate trust for additions, the trusts or trust shares that result
shall have the same terms and conditions as the original trust. Our
Trustee shall not make discretionary distributions from the income
or principal of the exempt trust to benefIciaries who are nonskip
persons as long as any readily marketable assets remain in the
nonexempt trust.
d. Allocation from an Exempt Trust First
Upon division or distribution of an exempt trust and a nonexempt
trust, our Trustee may allocate property from the exempt trust fIrst
to a share from which a generation-skipping transfer is more likely
to occur.
e. Taxable Distributions
If our Trustee considers that any distribution from a trust under this
agreement, other than pursuant to a power to withdraw or appoint,
is a taxable distribution subject to a generation-skipping tax payable
by the benefIciary, our Trustee shall augment the distribution by an
amount which our Trustee estimates to be suffIcient to pay the tax
and shall charge the same against the trust to which the tax relates.
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f. Taxable Terminations
If our Trustee considers that any termination of an interest in trust
property is a taxable termination subject to a generation-skipping tax,
our Trustee shall pay the tax from the portion of the trust property
to which the tax relates, without adjustment of the relative interests
of the beneficiaries.
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Article Seventeen
Our Trustee's Administrative and
Investment Powers
Section 1. Introduction to Trustee's Powers
Except as otherwise provided in this agreement, our Trustee shall have both
the administrative and invesunent powers enumerated under this Article and
any other powers granted by law with respect to the various trusts created by
this agreement.
Section 2. Powers to Be Exercised in the Best Interests of the
Beneficiaries
Our Trustee shall exercise the following administrative and invesunent powers
without the order of any court, as our Trustee determines in its sole and
absolute discretion to be in the best interests of the beneficiaries.
Notwithstanding anything to the contrary in this agreement, our Trustee shall
not exercise any power in a manner inconsistent with the beneficiaries' right
to the beneficial enjoyment of the trust property in accordance with the general
principles of the law of trusts.
Section 3. Administrative and Investment Powers
Our Trustee is hereby granted the following administrative and invesunent
powers:
a. Agricultural Powers
Our Trustee may retain, sell, acquire, and continue any fann or
ranching operation whether as a sole proprietorship, partnership, or
corporation.
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It may engage in the production, harvesting, and marketing of both
farm and ranch products either by operating directly or with
management agencies, hired labor, tenants, or sharecroppers.
It may engage and participate in any govermnent farm program,
whether state or federally sponsored.
It may purchase or rent machinery, equipment, livestock, poultry,
feed, and seed.
It may improve and repair all farm and ranch properties; construct
buildings, fences, and drainage facilities; acquire, retain, improve,
and dispose of wells, water rights, ditch rights, and priorities of any
nature.
Our Trustee may, in general, do all things customary or desirable to
operate a farm or ranch operation for the benefit of the beneficiaries
of the various trusts created under this agreement.
b. Business Powers
Our Trustee may retain and continue any business in which one or
both of us have or had an interest as a shareholder, partner, sole
proprietor, or as a participant in a joint venture, even though that
interest may constitute all or a substantial portion of the trust
property.
It may directly participate in the conduct of any such business or
employ others to do so on behalf of the beneficiaries.
It may execute partnership agreements, buy-sell agreements, and any
amendments to them.
It may participate in the incorporation of any trust property; any
corporate reorganization, merger, consolidation, recapitalization,
liquidation, dissolution; or any stock redemption or cross purchase
buy-sell agreement.
It may hold the stock of any corporation as trust property, and may
elect or employ directors, officers, employees, and agents and
compensate them for their services.
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It may sell or liquidate any business interest that is part of the trust
property.
It may carry out the provisions of any agreement entered into by one
or both of us for the sale of any business interest or the stock
thereof.
Our Trustee may exercise all of the business powers granted in this
agreement regardless of whether our Trustee is personally interested
or an involved party with respect to any business enterprise forming
a part of the trust property.
c. Environmental Powers
Our Trustee shall have the power to inspect any trust property to
determine compliance with any environmental law affecting such
property or to respond to any environmental law affecting property
held by our Trustee. "Environmental Law" shall mean any federal,
state, or local law , rule, regulation, or ordinance relating to protec-
tion of the environment or of human health.
Our Trustee shall have the power to refuse to accept property if our
Trustee determines that there is a substantial risk that such property
is contaminated by any hazardous substance or has previously, or is
currently, being used for any activities directly or indirectly
involving hazardous substances which could result in liability to the
trust assets. "Hazardous substance" shall mean any substance
defmed as hazardous or toxic by any federal, state, or local law,
rule, regulation, or ordinance.
Our Trustee shall have the power to take any necessary action to
prevent, abate, clean up or otherwise respond to any actual or
threatened violation of any environmental law affecting trust property
prior to or after the initiation or enforcement of any action by any
governmental body.
Our Trustee may disclaim or release any power granted to it or
implied by any document, statute, or rule of law which the Trustee
determines may cause the Trustee to incur liability under any
environmental law.
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Our Trustee may charge the cost of any inspection, review, preven-
tion, abatement, response, cleanup, or remedial action authorized
under this power against the trust property.
Our Trustee shall not be liable to any beneficiary or to any other
party for any decrease in value of the trust property by reason of our
Trustee's compliance with any environmental law, specifically
including any reporting requirement under such law.
d. Common Fund Powers
For the purpose of convenience with regard to the administration and
investment of the trust property, our Trustee may hold the several
trusts created under this agreement as a common fund.
Our Trustee may make joint investments with respect to the funds
comprising the trust property.
Our Trustee may enter into any transaction authorized by this Article
with fiduciaries of other trusts or estates in which any beneficiary
hereunder has an interest, even though such fiduciaries are also
Trustees under this agreement.
e. Compensation Powers
Our Trustee shall pay from income or principal all of the reasonable
expenses attributable to the administration of the respective trusts
created in this agreement.
Our Trustee shall pay itself reasonable compensation for its services
as fiduciary as provided in this agreement, and shall reasonably
compensate those persons employed by our Trustee, including
agents, auditors, accountants, and attorneys.
f. Distribution Powers
Our Trustee is specifically authorized to make divisions and
distributions of the trust property either in cash or in kind, or partly
in cash and partly in kind, or in any proportion it deems advisable.
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It shall be under no obligation or responsibility to make pro rata
divisions and distributions in kind.
Our Trustee may allocate specific property to any beneficiary or
share although the property may differ in kind from the property
allocated to any other beneficiary or share.
The foregoing powers may be exercised regardless of the income tax
basis of any of the property.
g. Funeral and Burial Expenses
Our Trustee may in its sole discretion pay the funeral and burial
expenses, expenses of the last illness. and valid claims and expenses
of an income beneficiary of any trust created under this agreement.
Funeral and burial expenses shall include, but not be limited to, the
cost of memorials of all types and memorial services of such kind as
our Trustee shall approve. Valid claims and expenses shall include,
but not be limited to, all state and federal death taxes.
The payments shall be paid from the assets of the trust or trusts from
which the beneficiary was receiving income.
h. Income and Principal Powers
Our Trustee may determine in a fair, equitable, and practical manner
how all Trustee's fees. disbursements, receipts. and wasting assets
shall be credited, charged, or apportioned between principal and
mcome.
Our Trustee may set aside from trust income reasonable reserves for
taxes, assessments, insurance premiums, repairs, depreciation,
obsolescence, depletion. and for the equalization of payments to or
for the beneficiaries; it may select any and all accounting periods
with regard to the trust property.
i. Investment Powers in General
Our Trustee may invest and reinvest in such classes of stocks, bonds,
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securities, commodities, options, metals, or other property, real or
personal, as it shall determine.
It may invest in investment trusts as well as in common trust funds.
It may purchase life, annuity, accident, sickness, and medical
insurance on the behalf of and for the benefit of any trust beneficia-
ry.
j. Life Insurance Powers
Our Trustee shall have the powers with regard to life insurance as set
forth in this Paragraph j, except as otherwise provided in this
agreement.
Our Trustee may purchase, accept, hold, and deal with as owner
policies of insurance on our individual or joint lives, the life of any
trust beneficiary, or on the life of any person in whom any trust
beneficiary has an insurable interest.
Our Trustee shall have the power to execute or cancel any automatic
premium loan agreement with respect to any policy, and shall have
the power to elect or cancel any automatic premium loan provision
in a life insurance policy.
Our Trustee may borrow money with which to pay premiums due on
any policy either from the company issuing the policy or from any
other source and may assign any such policy as security for the loan.
Our 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.
Our Trustee may elect any paid-up insurance or any extended-term
insurance nonforfeiture option contained in a policy.
Our Trustee shall have the power to sell policies at their fair market
value to the insured or to anyone having an insurable interest in the
policies.
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Our Trustee shall have the right to exercise any other right, option,
or benefit contained in a policy or pennitted by the insurance
company issuing that policy.
Upon termination of any trust created under this agreement, our
Trustee shall have the power to transfer and assign the policies held
by the trust as a distribution of trust property.
k. Loan, Borrowing, and Encumbrance Powers
Our Trustee may loan money to any person, including a beneficiary,
with or without interest, on any term or on demand, with or without
collateral, as it deems in the best interests of the trust beneficiaries.
It may borrow money upon such terms and conditions as it shall
deem advisable, including, in the case of a corporate fiduciary, the
power to borrow from its own banking or commercial department.
It shall have the power to obligate the trust property for the repay-
ment of any sums borrowed where the best interests of the beneficia-
ries have been taken into consideration.
Our Trustee shall have the power to encumber the trust property, in
whole or in part, by a mortgage or mortgages, deeds of trust, or by
pledge, hypothecation or otherwise, even tbough such encumbrance
may continue to be effective after the term of any trust or trusts
created in tbis agreement.
I. Margin, Brokerage, and Bank Account Powers
Our Trustee is autborized to buy, sell, and trade in securities of any
nature, including short sales and on margin. Our Trustee may main-
tain and operate margin accounts with brokers, and may pledge any
securities held or purchased by our Trustee with such brokers as
securities for loans and advances made to our Trustee. Our Trustee
is authorized to establish and maintain bank accounts of all types in
one or more banking institutions that our Trustee may choose.
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m. Mortgage Powers
Our Trustee shall have the power to enter into any mortgage whether
as a mortgagee or mortgagor, to purchase mortgages on the open
market, and to otherwise buy, sell, or trade in fIrst or subordinate
mortgages.
It may reduce the interest rate on any mortgage and consent to the
modifIcation or release of any guaranty of any mortgage.
Our Trustee may continue mortgages upon and after maturity with
or without renewal or extension, and may foreclose any mortgage.
It may purchase the mortgaged property or acquire it by deed from
the mortgagor without foreclosure.
n. Nominee Powers
Our Trustee may hold any trust property in the name of our Trustee,
or in the name of a nominee, and may enter into agreements to
facilitate holding such property. It may accomplish such with or
without disclosing its fIduciary capacity.
o. Nonproductive Property
Our Trustee may hold property which is non-income producing or is
otherwise nonproductive if the holding of such property is, in the
sole and absolute discretion of our Trustee, in the best interests of
the benefIciaries.
p. Oil, Gas, Coal, and Other Mineral Powers
Our Trustee may do all things necessary to maintain in full force and
effect any oil, gas, coal, or other mineral interests comprising part
or all of the trust property.
It may purchase additional oil, gas, coal, and other mineral interests
when necessary or desirable to effect a reasonable plan of operation
or development with regard to the trust property.
It may buy or sell undivided interests in oil, gas, coal, and other
mineral interests, and may exchange any of such interests for
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interests in other properties or for services.
It may execute oil, gas, coal, and other mineral leases on such terms
as our Trustee may deem proper, and may enter into pooling,
unitization, repressurization, and other types of agreements relating
to the development, operation, and conservation of mineral proper-
ties.
Any lease or other agreement may have a duration that our Trustee
deems reasonable, even though extending beyond the duration of any
trust created in this agreement.
It may execute division orders, transfer orders, releases, assign-
ments, farmouts, and any other instruments which it deems proper.
It may drill, test, explore, mine, develop, and otherwise exploit any
and all oil, gas, coal, and other mineral interests, and may select,
employ, utilize, or participate in any business form, including
partnerships, joint ventures, co-owners' groups, syndicates, and
corporations, for the purpose of acquiring, holding, exploiting,
developing, operating, or disposing of oil, gas, coal, and other
mineral interests.
It may employ the services of consultants or outside specialists in
connection with the evaluation, management, acquisition, disposition,
or development of any mineral interest, and may pay the cost of such
services from the principal or income of the trust property.
Our Trustee may use the general assets of the trusts created under
this agreement for the purposes of acquiring, holding, managing,
developing, pooling, unitizing, repressuring, or disposing of any
mineral interest.
q. Powers of Attorney
Our Trustee may execute, deliver, and grant to any individual or
corporation a revocable or irrevocable power of attorney to transact
any and all business on behalf of the various trusts created in this
agreement.
The power of attorney may grant to the attorney-in-fact all of the
rights, powers, and discretion that our Trustee could have exercised.
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r. Powers to Merge Similar Trusts
Our Trustee may merge and consolidate any trust created in this
agreement with any other trust created by both or either of us, or any
other person at any other time, if the other trust contains substantial-
ly the same terms for the same beneficiaries, and has at least one
Trustee in common with the trust or trusts created in this agreement.
Our Trustee may administer such merged and consolidated trusts as
a single trust or unit. If, however, such a merger or consolidation
does not appear feasible, as determined in the sole and absolute
discretion of our Trustee, the Trustee may consolidate the assets of
such trusts for purposes of investment and trust administration while
retaining separate records and accounts for the respective trusts.
s. Powers of an Interested Trustee
An interested Trustee is any Trustee who has an interest as a
beneficiary in this trust agreement or any trust created by it. In all
instances where an interested Trustee distributes, or participates in
the distribution, of trust income or principal to or for the benefit of
such Trustee, then the distribution shall be limited by the ascertain-
able standards of education, health, maintenance, and support.
Notwithstanding anything in this agreement to the contrary, in
making such distributions, the interested Trustee shall not use
discretion in applying those ascertainable standards.
No individual Trustee shall exercise or participate in the exercise of
such discretionary power with respect to distributions to any person
or persons such Trustee is legally obligated to support, as to that
support obligation.
t. Powers of an Insured Trustee
Any individual Trustee under this agreement, other than either of us,
is prohibited from exercising any power conferred on the owner of
any policy which insures the life of such individual Trustee and
which is held as part of the trust property.
If our Trustee holds any such policy or policies as a part of the trust
property, the powers conferred on the owner of such a policy shall
be exercised only by the other then acting Trustee.
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If the insured Trustee is the only then acting Trustee, then such
powers shall be exercised by a substitute Trustee designated pursuant
to the provisions of this agreement dealing with the trusteeship.
If any rule of law or court decision construes the ability of the
insured Trustee to name a substitute Trustee as an incident of
ownership, the substitution process shall be implemented by a
majority of the then current mandatory and discretionary income
beneficiaries, excluding the insured Trustee if the insured Trustee is
a beneficiary.
u. Real Estate Powers
Our Trustee may purchase, sell, transfer, exchange or otherwise
acquire or dispose of any real estate.
Our Trustee may make leases and grant options to lease for any
term, even though the term may extend beyond the termination of
any trust created under this agreement.
It may grant or release easements and other interests with respect to
real estate, enter into party waIl agreements, execute estoppel
certificates, and develop and subdivide any real estate.
It may dedicate parks, streets, and alleys or vacate any street or
aIley, and may construct, repair, alter, remodel, demolish, or
abandon improvements.
It may elect to insure, as it deems advisable, all actions contemplated
by this subsection.
Our Trustee may take any other action reasonably necessary for the
preservation of real estate and fixtures comprising a part of the trust
property or the income therefrom.
v. S Corporation Stock
If any stock of an S corporation becomes distributable to a trust
created under this agreement, and such trust is not a qualified
Subchapter S trust, our Trustee may implement any of the following
alternatives with respect to the S corporation stock:
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1. A Sole Beneficiary
Where the original trust is for a sole beneficiary, our
Trustee may create for that beneficiary a separate trust that
qualifies as a Subchapter S trust, and then distribute such
stock to the newly created trust.
2. Multiple Beneficiaries
Where the original trust is for multiple beneficiaries, our
Trustee may divide the trust into separate trusts for each of
the beneficiaries. Each newly created trust shall hold that
beneficiary's pro rata share of the S corporation stock, and
shall qualify as a Subchapter S trust.
3. Outright Distribution
If circumstances prevent our Trustee from accomplishing
the first two alternatives under this paragraph, our Trustee
may, in its sole and absolute discretion, distribute such
stock to the beneficiaries as if the trust had terminated,
while continuing to hold any other non-S corporation
property in trust.
Each newly created S corporation trust shall have mandatory
distributions of income and shall not provide for powers of appoint-
ment that can be exercised by the beneficiary during the beneficiary's
lifetime. In all other respects, the newly created trusts shall be as
consistent as possible with the original trusts and still qualify as
Subchapter S trusts.
Our Trustee may take any action necessary with regard to S
corporations, including making any elections required to qualify
stock as S corporation stock, and may sign all required tax returns
and fortOS.
w. Sale, Lease, and Other Dispositive Powers
Our Trustee may sell, lease, transfer, exchange, grant options with
respect to, or otherwise dispose of the trust property.
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It may deal with the trust property at such time or times, for such
purposes, for such considerations and upon such terms, credits, and
conditions, and for such periods of time, whether ending before or
after the term of any trust created under this agreement, as it deems
advisable.
Our Trustee may make such contracts, deeds, leases, and any other
instruments it deems proper under the inunediate circumstances, and
may deal with the trust property in all other ways in which a natural
person could deal with his or her property.
x. Securities Powers
In addition to those other securities powers granted throughout this
Article, our Trustee may retain, exercise, or sell rights of conversion
or subscription with respect to any securities held as part of the trust
property.
Our Trustee may vote or refrain from voting at corporate meetings
either in person or by proxy. whether general or limited, and with or
without substitutions.
y. Settlement Powers
Our Trustee may compromise, adjust, arbitrate, alter the terms of,
or abandon any claim in favor of or against any trust created under
this agreement, and may take deeds in lieu of foreclosure.
z. Trust Addition and Retention Powers
Our Trustee is authorized to receive additional trust property,
whether by gift, will, or otherwise, either from us, from either of us,
or from any other person, corporation. or entity.
Upon receipt of any additional property, our Trustee shall administer
and distribute the same as part of the trust property.
Our Trustee may retain, without liability for depreciation or loss
resulting from such retention, all property constituting the trust estate
at the time of its creation or thereafter recei ved from other sources.
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The foregoing shall be acceptable even though such property may not
be of the character prescribed by law for the investment of trust
funds or may result in inadequate diversification of the trust
property.
aa. Trustees' or Fiduciaries' Powers Acts
In addition to all of the powers specifically granted our Trustee in
this Article, our Trustee may exercise those powers set forth under
the Trustees' or Fiduciaries' Powers Acts, or their equivalent, of the
State of Pennsylvania, together with any amendment to such laws.
Our Trustee may perform every act reasonably necessary to
administer each and every share or trust created under this agree-
ment.
All of the powers granted to our Trustee in this Article shall be in
addition to those powers conferred upon Trustees under all applicable
state and federal statutes.
Each power conferred upon our Trustee under this Article, or upon
Trustees in general, by applicable state or federal statutes, shall be
subject to any express limitations or contrary directions contained in
this agreement.
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Article Eighteen
Definitions and General Provisions
Section 1. Definitions
For purposes of this agreement, the following words and phrases shall be
defined as follows:
a. Adopted and Afterborn Persons
Persons who are legally adopted while they are under 18 years of age
shall be treated for all purposes under this agreement as though they
were the naturally born children of their adopting parents.
A child in gestation who is later born alive shall be considered a
child in being throughout the period of gestation.
b. Descendants
A person's descendants shall include all of his or her lineal descen-
dants through all generations.
A descendant in gestation who is later born alive shall be considered
a descendant in being throughout the period of gestation.
An adopted person, and all persons who are the descendants by blood
or by legal adoption while under the age of 18 years of such adopted
person, shall be considered descendants of the adopting parents as
well as the adopting parents' ancestors.
c. Per Stirpes Distributions
Whenever a distribution is to be made to a person's descendants, per
stirpes:
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, .
The distributable assets are to be divided into as many
shares as there are then living children of such person and
deceased children of such person who left then living
descendants .
Each then living child shall receive one share and the share
of each deceased child shall be divided among such child's
then living descendants in the same manner.
d. Education
As used in this trust, "education" shall include:
Any course of study or instruction at an accredited college
or university granting undergraduate or graduate degrees.
Any course of study or instruction at any institution for
specialized, vocational, or professional training.
Any curriculum offered by any institution that is recognized
for purposes of receiving financial assistance from any state
or federal agency or program.
Any course of study or instruction which may be useful in
preparing a beneficiary for any vocation consistent with the
beneficiary's abilities and interests.
Distributions for education may include tuition, fees, books, supplies,
living expenses, travel, and spending money to the extent that they
are reasonable.
e. Personal Representative
For the purposes of this agreement, the term "personal represen-
tative" shall include an executor, administrator, guardian, custodian,
conservator, Trustee, or any other form of personal representative.
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f. Disability
Except as otherwise provided in this agreement, any individual may
be treated as disabled, incompetent, or legally incapacitated if:
The individual has been declared or adjudicated as such by
a court of competent jurisdiction, or
A guardian, conservator, or other personal representative
of such individual's person or estate has been appointed by
a court of competent jurisdiction, or
The individual has been certified as such in writing by at
least two licensed physicians, or
The individual has disappeared or is absent for unexplained
reasons, or the individual is being detained under duress
where the individual is unable to effectively manage his or
her property or financial affairs.
Section 2. Dissolution of Our Marriage
If our marriage is dissolved at any time, each spouse shall be deemed to have
predeceased the other for purposes of distributions under this agreement. It
is our intent that our respective property held in our trust shall not be used for
the benefit of the other spouse upon the dissolution of our marriage.
Section 3. The Rule Against Perpetuities
Unless sooner terminated by the express provisions of this agreement, each
trust created in this agreement shall terminate twenty-one years after the death
of the last survivor of the group composed of the both of us and those of our
descendants living at the time the first one of us dies. At that time, the
property held in trust shall be discharged of any further trust, and shall
immediately vest in and be distributed to those persons entitled to receive or
have the benefit of the income from the respective trust.
For purposes of distributions under this Section only, it shall be presumed that
any person then entitled to receive any discretionary payments of the income
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of a separate trust is entitled to receive all of the income, and it shall be
presumed that any class of persons entitled to receive discretionary payments
of income is entitled to receive all of such income.
Section 4. Protective Clause
To the fullest extent permitted by law, the interests of all of the beneficiaries
in the various trusts and trust property subject to this agreement, except for
our interests in the various trusts or trust property subject to this agreement,
shall not be alienated, pledged, anticipated, assigned, or encumbered unless
specifically authorized by the terms of this agreement.
Such interests shall not be subject to legal process or to the claims of any
creditors, other than our creditors to the extent of each of our respective
interests in the trusts or trust property, while such interests remain trust
property.
Section 5. Maintaining Property in Trust
If, on the termination of any separate trust created under this agreement, a
final distribution is to be made to a beneficiary for whom our Trustee holds
a trust created under this agreement, such distribution shall be added to such
trust rather than being distributed.
The property that is added to the trust shall be treated for purposes of
administration as though it had been an original part of the trust.
Section 6. Survivorship Presumptions
If the order of our deaths cannot be established by proof, the wife Trustmaker
shall be deemed to have survived the husband Trustmaker.
Section 7. Contest Clause
If any person, including a beneficiary, other than one of us, shall in any
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, .
manner, directly or indirectly, attempt to contest or oppose the validity of this
agreement, including any amendments thereto, or commences or prosecutes
any legal proceedings to set this agreement aside, then in such event such
person shall forfeit his or her share, cease to have any right or interest in the
trust property, and shall be deemed to have predeceased both of us.
Should any person disclaim his or her interest, in whole or in part, in any trust
created for his or her benefit in this trust agreement, the result of which would
be for that person to receive trust property free of trust earlier than provided
by the terms of the trust, then the disclaiming person shall forfeit his or her
interest in the trust, shall cease to have any right or interest in the trust
property, and shall be deemed to have predeceased both of us.
In the event the surviving Trustmaker successfully elects to take a statutory
share of the deceased Trustmaker's estate as provided under state law, then the
surviving Trustmaker's interest in the deceased Trustmaker's property in this
trust shall terminate and any of the deceased Trustmaker's property previously
held in trust for the benefit of the surviving Trustmaker as provided in this
agreement shall be held and distributed as though the surviving Trustmaker
had predeceased the deceased Trustmaker, notwithstanding any provision in
this agreement to the contrary.
Section 8. Changing the Trust Situs
After the death or disability of one of us, the situs of this agreement may be
changed by the unanimous consent of all of the beneficiaries then eligible to
receive mandatory or discretionary distributions of net income under this
agreement.
If such consent is obtained, the beneficiaries shall notify our Trustee in writing
of such change of trust situs, and shall, if necessary, designate a successor
corporate fiduciary in the new situs. This notice shall constitute removal of
the current Trustee, if appropriate, and any successor corporate Trustee shall
assume its duties as provided under this agreement.
A change in situs under this Section shall be final and binding, and shall not
be subject to judicial review.
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. .
Section 9. General Matters
The following general matters of construction shall apply to the provisions of
this agreement:
a. Construction
Unless the context requires otherwise, words denoting the singular
may be construed as denoting the plural, and words of the plural may
be construed as denoting the singular. Words of one gender may be
construed as denoting another gender as is appropriate within such
context.
b. Headings of Articles, Sections, and Paragraphs
The headings of Articles, Sections, and Paragraphs used within this
agreement are included solely for the convenience and reference of
the reader. They shall have no significance in the interpretation or
construction of this agreement.
c. Notices
All notices required to be given in this agreement shall be made in
writing by either:
Personally delivering notice to the party requiring it, and
securing a written receipt, or
Mailing notice by certified United States mail, return
receipt requested, to the last known address of the party
requiring notice.
The effective date of the notice shall be the date of the written
receipt or the date of the return receipt, if received, or if not, the
date it would have normally been received via certified mail,
provided there is evidence of mailing.
18-6
. .
d. Delivery
For purposes of this agreement "delivery" shall mean:
Personal delivery to any party, or
Delivery by certified United States mail, return receipt
requested to the party making delivery.
The effective date of delivery shall be the date of personal delivery
or the date of the return receipt, if received, or if not, the date it
would have normally been received via certified mail, provided there
is evidence of mailing.
e. Applicable State Law
The validity of this trust shall be determined by reference to the laws
of the State of Pennsylvania.
Questions with regard to the construction and administration of the
various trusts contained in this agreement shall be determined by
reference to the laws of the state in which the trust is then currently
being administered.
f. Duplicate Originals
This agreement may be executed in several counterparts; each
counterpart shall be considered a duplicate original agreement.
g. Not Contractual
We are executing our wills at or about the same time, but even though
our wills are similar, they are not intended to be, and shall not be
construed to be, contractual or reciprocal.
18-7
.' ,
h. Severability
If any provision of this agreement is declared by a court of compe-
tent jurisdiction to be invalid for any reason, such invalidity shall not
affect the remaining provisions of this agreement. The remaining
provisions shall be fully severable, and this agreement shall be
construed and enforced as if the invalid provision had never been
included in this agreement.
We have executed this agreement the day and year first written above.
We certify that we have read our foregoing revocable living trust agreement,
and that it correctly states the terms and conditions under which our trust
property is to be held, managed, and disposed of by our Trustee. We approve
this revocable living trust in all particulars, and request our Trustee to execute
it.
\9~r~f--
IRVIN E. STAMBAUGH, T stmaker
~)J.~~
THELMA G. STAMBAUGH, Tru er
j~(
IRVIN E. STAMBAUGH, Tru
L.-
~A~/7r~~/
THELMA G. STAMBAUGH, Trus
18-8
,
. -
STATE OF PENNSYLVANIA
)
) ss.
)
COUNTY OF CUMBERLAND
On the September 26, 1995, before me, a Notary Public, personally
appeared IRVIN E. STAMBAUGH, as Trustmaker and Trustee, and in due
form of law acknowledged the foregoing Trust to be her act and deed, and
desired that the same might be recorded as such.
Witness my hand and official seal.
My commission expires:
w
Notarial Seal .
Robert J. Kreidler, Notary Public
Susquehanna Twp.,. Dauphin County
My Commission Expires Aug. 24, 1998
r, Pennsylvania Association of Notaries
STATE OF PENNSYLVANIA
)
) ss.
)
COUNTY OF CUMBERLAND
On the September 26, 1995, before me, a Notary Public, personally
appeared THELMA G. STAMBAUGH, as Trustmaker and Trustee, and in
due form of law acknowledged the foregoing Trust to be her act and deed, and
desired that the same might be recorded as such.
Witness my hand and official seal.
My commission expires:
Notarial Seal
Robert J. Kreidler. Notary Public
Su~u9hanna Twp., Dauphin County
M Commission Expires Aug. 24, 1998
Member, Pennsylvania Assoda!ion of Notaries
18-9
.
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COMMONWEALTH OF
PENNSYLVANIA
DEPARTMENT OF REVENUE
DEPT 280601
HARRISBURG, PA 17128-0601
REV-1500
OFFICIAL USE ONLY
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FILE NUMBER
INHERITANCE TAX RETURN
RESIDENT DECEDENT
NUMBER
0482
01
YEAR
21
COUNTYCOOE
DECEDENTS NAME (LAST, FIRST, AND MIDDLE INITIAL)
Stambaugh Sr., Irvin E.
DATE OF DEATH (MM.DD-YEAR) DATE OF BIRTH (MM.DD-YEAR)
09/18/2000 10/04/1923
(IF APPLICABLE) SURVIVING SPOUSE'S NAME (LAST, FIRST, AND MIDDLE INITIAL)
Stambaugh, Thelma G.
SOCIAl SECURITY NUMBER
196 _ 14
4663
THIS RETURN MUST BE FILED IN DUPLICATE WITH THE
REGISTER OF WILLS
SOCIAl SECURITY NUMBER
162 22 - 2961
D 1 Original Return
o 4. Limited Estate
o 6. Decedent Died Testate \Jl.t1act'i copy 01 Will}
D 9. Litigation Proceeds Received
~ 2. Supplemental Return 0 3. Remainder Return (date of death priOr to 12-13-32)
o 4a. Future Interest Compromise (dale ofdealt1 after 12-12-82) 0 5. Federal Estate Tax Return Required
IXJ 7. Decedent Maintained a Uvinij Trust (AltSchcopyofTrus.!l 8. Total Number of Safe Deposit Boxes
"11l'''H ~""o /.vlf( 0/(,6,..",- Kerv!'iV-
o 10. Spousal Poverty Credit (date of death between 12-31-91 and 1-1-95) 0 11. Election to tax under Sec. 9113(A) (/l.tI2.cl'I SclI 0\
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COMPLETE MAILING ADDRESS
NAME
Thomas J. Ahrens, Es
FIRM NAME (If AQplicable)
Ahrens Law Offices
TELEPHONE NUMBER
717 697-1800
5521 Carlisle Pike
Mechanicsburg, PA 17050
1 Real Estate (Schedule A)
2. Stocks and Bonds (Schedule B)
(1) None
(2) None
(3) None
(4) None
(5) 1, 'i00 00
(6) None
(7) 77'i,404 'i1
OFFICIAL USE ONLY
3 Closely Held Corporation. Partnership or Sole-Proprietorship
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4 Mortgages & Notes Receivable (Schedule 0)
5. Cash, Bank Deposits & Miscellaneous Personal Property
(Schedule E)
6. Jointly Owned Property (Schedule F)
D Separate Billing Requested
7, Inter-Vivos Transfers & Miscellaneous Non.Probate Property
(Schedule G o( L)
(8)
??h. Q04 'i1
8. Total Gross Assets (total Lines 1-7)
9. Funeral Expenses & Administrative Costs (Schedule H)
10 Debts of Decedent Mortgage Liabilities, & Liens (Schedule I)
11, Total Deductions (tolal Lines 9 & 10)
(9) 14 ,110.00
(10) Nnnp
14,110.00
(11)
(12)
(13)
?1?!7QL&. !)1,
12. Net Value of Estate (Line 8 minus Line 11)
13 Charitable and Govemmental Bequests/See 9113 Trusts for which an election to tax has not been
made (Schedule J)
14. Net Value Subject to Tax (Line 12 minus Line 13)
(14)
212,794.53
SEE INSTRUCTIONS ON REVERSE SIDE FOR APPLICABLE RATES
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15. Amount of Line 14 taxable at the spousal tax
rale, or transfers under Sec. 9116 (a){1.2)
,.o~ (15)
',0~(16)
50,314.53
162,480.00
0.00
7,311.60
16. Amount of Line 14 taxable at lineal rate
17. Amount of Line 14 taxable at sibling rate
,.12 (17)
0.00
0.00
7,311.60
18, Amount of Line 14 taxable at collateral rate
, ,15 (18)
19. Tax Due
(19)
20. [XJ
CHECK HERE IF YOU ARE REQUESTING A REFUND OF AN OVERPAYMENT
Decedent's Complete Address:
STREET ADDRESS
25 Acri Meadow Road
CITY I STATE PA I ZIP 17025
Enola
Tax Payments and Credits:
1. Tax Due (Page 1 Line 19)
2. Credits/Payments
A. Spousal Poverty Credit
B. PMor Payments
C. Discount
II)
7,311.60
0.00
7,222.28
Total Credits IA+ B + C) (2)
7.222.28
3. InteresUPenalty if applicable
D. Interest
E. Penalty
TotallnteresUPenalty ( 0 + E )
4. If Line 2 is greater than line 1 + line 3, enter the difference. This is the OVERPAYMENT.
Check box on Page 1 Line 20 to request a refund
(3) 0.00
(4) 0.00
(5) Rq 17
(5A) 0.00
(5B) n nn
5. If line 1 + line 3 is greater than line 2, enter the difference. This is the TAX DUE,
A. Enter the interest on the tax due.
B. Enter the total of Line 5 + 5A. This is the BALANCE DUE.
Make Check Payable to: REGISTER OF WILLS, AGENT
PLEASE ANSWER THE FOLLOWING QUESTIONS BY PLACING AN "X" IN THE APPROPRIATE BLOCKS
1. Did decedent make a transfer and: Ves No
a. retain the use or income of the property transferred;.................................................. ..... 0 rn
b. retain the Mght to designate who shall use the property transferred or its income; ............................. ... 0 Qg
C. retain a reversionary interest; or.......................................................................................................................... 0 Qg
d. receive the promise for life of either payments, benefits or care? ...................................................................... 0 Qg
2. If death occurred after December 12, 1982, did decedent transfer property within one year of death
without receiving adequate consideration? .......................................................... ................... ......... D CXl
3. Did decedent own an "in trust fo~ or payable upon death bank account or security at his or her death? ...... 0 Qg
4. Did decedent own an Individual Retirement Account, annuity, or other non-probate property which
contains a beneficiary designation? .................................................................................................... ................... 0 0
IF THE ANSWER TO ANY OF THE ABOVE QUESTIONS IS YES, YOU MUST COMPLETE SCHEDULE G AND FILE IT AS PART OF THE RETURN.
Stambaugh, 25 Acri Meadow Road, Enola, PA 17025
HErHAN REPRESENTATIVE
DAT
I 5-01
ADDRESS
Ahrens Law Offices, 5521 Carlisle Pike, Mechanicsburg, PA 17050
For dates of death on or after July 1, 1994 and before January 1, 1995, the tax rate imposed on the net value of transfers to or for the use of the surviving spouse is 3%
[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% [72 P.S. ~9116 (a) (1.1) (ii)l.
The statute does not exemot 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 twenty-one years of age or younger at death to or for the use of a natural parent, an adoptive parent,
or a stepparent of the child is 0% [72 P.S. ~9116Ia)(I.2)).
The tax rate imposed on the net value of transfers to or for the use of the decedent's IinealbeneficiaMes is 4.5%, except as noted in 72 P.S. ~911611.2) (72 P.S. ~9116Ia)(1 )1.
The tax rate imposed on the net value of transfers to or for the use of the decedent's sibnngs is 12% [72 P.S. ~9116(a)ll.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.1508 EX +(1-97)
COMMONWEALTH OF PENNSYLVANIA
INHERITANCE TAX RETURN
RESIDENT DECEDENT
ESTATE OF FILE NUMBER
Irvin E. Stambau~h Sr. SS# 196-14-4663 09/18/2000 21-01-0482
Include the proceeds of litigation and the date the proceeds were received by the estate. All property jointly-owned with the right of
lurvlvo..hlp must be dllclosed on Schedul. F.
SCHEDULE E
CASH, BANK DEPOSITS, & MISC.
PERSONAL PROPERTY
ITEM
NUMBER
1
DESCRIPTION
Motor Vehicle - 1988 Ford F-150 Pickup Truck
VALUE AT DATE
OF DEATH
1,500.00
..
TOTAL (Also ente, on line 5. RecaD"ula'ion) S 1,500.00
(If more space is needed, insert additional sheets of the same size)
Copyright (c) 1996 form software onty CPSystems, Inc. Form REV-1508 EX (Rev. 1-97)
REV-1S10 EX + (1-97)
SCHEDULE G
INTER-VIVOS TRANSFERS &
MISC. NON-PROBATE PROPERTY
COMMONWEALTH OF PENNSYLVANIA
INHERITANCE TAX RETURN
RESIDENT DECEDENT
ESTATE OF
Irvin E. Stambaugh Sr.
SSff 196-14-4663
09/18/2000
This schedule must be completed and filed if the answer to any of questions 1 through 4 on page 2 is yes.
FILE NUMBER
21-01-0482
~EStRIPTI~N ?F PR~PERTY %OF
ITEM RELAVl8k~{l1 f~ ~~~O ~T\il'JM '1fA;.'1fM\l~Il'sFER. DATE OF DEATH DECO'S EXCLUSION TAXABLE VALUE
NUMBER ATTACH A COPY OF THE DEED FOR REAL ESTATE. VALUE OF ASSET INTEREST ~F APPLICABLE)
1 IRA - Prudential ff 31,022.19 31,022.19
03900352548
2 IRA - Prudential il E0092717 19,292.34 ao 19,292.34
3 Real Estate . Home and land 129,090.00 129,090.00
located at 25 Acri Meadow
Road, Enola, East Pennsboro
Twp. , Cumberland Co., PA
17025
4 Real Estate - 6 lots 46,000.00 46,000.00
located at Acri Meadow
Road, Eno1a, East Pennsboro
Twp., Cumberland Co., PA
17025
TOTAL (Also enter on line 7, Recapitulation) $ 225,404.53
(If more space is needed, insert additional sheets of the same size)
Copyright (c) 1996 form software only CPSystems, Inc.
Form REV-1510 EX (Rev. 1.97)
'AEV-1511 EX+ (12-99) .'
~1-
COMMONWEALTH OF PENNSYLVANIA
INHERITANCE TAX RETURN
RESIDENT DECEDENT
SCHEDULE H
FUNERAL EXPENSES &
ADMINISTRATIVE COSTS
ESTATE OF
Irvin E. Stambaugh Sr. SS# 196-14-4663
09/18/2000
FILE NUMBER
21-01-0482
ITEM
NUMBER DESCRIPTION AMOUNT
A. FUNERAL EXPENSES:
1. Blue Ridge Memorials 600.00
2 Death Certificates 42.00
3 Funeral Luncheon 60.00
4 Minister 75.00
Total of Continuation Schedule(s) 2,774.00
B. ADMINISTRATIVE COSTS:
1. Personal Representative's Commissions
Name of Personal Representative(s)
Social Security Number(s)/EIN Number of Personal Representative(s)
Street Address
City State _ Zip
Year(s) Commission Paid:
2. Attorney Fees Ahrens Law Offices 9,000.00
3. Family Exemption: (If decedent's address is not the same as claimant's, attach explanation) 1,500.00
Claimant Thelma G. Stambaugh
Street Address 25 Acri Meadow Road
City Enola State 1'A- Zip 17025
Relationship of Claimant to Decedent Spouse
4. Probate Fees Register of Wills 59.00
5. Accountant's Fees
6. Tax Return Preparer's Fees
7.
TOTAL (Also enter on line 9, Recapitulation) $ 14,110.00
Debts of decedent must be reported on Schedule I.
(If more space is needed, insert additional sheets of the same size)
Estate of: Irvin E. Stambaugh Sr.
Soc Sec #: 196-14-4663
Date of Death: 09/18/2000
Continuation of Schedule H-A
(Funeral Expenses)
Item
#
Description
Amount
5
Mortician
II
2,774.00
2,774.00
.
""""".".,".
COMMONWEALTH OF PENNSYLVANIA
INHERITANCE TAX RETURN
RESIDENT DECEDENT
SCHEDULE J
BENEFICIARIES
ESTATE OF
Irvin E. Stambau~h Sr.
ss!1 196-14-4663
09/18/2000
FILE NUMBER
21-01-0482
NUMBER NAME AND ADDRESS OF PERSON(S) RECEIVING PROPERTY
L TAXABLE DISTRIBUTIONS (include outright spousal distributions)
Irvin E. Stambaugh and Thelma Stambaugh
1. Living Trust dated 09/26/1995
25 Acri Meadow Road
Enola, PA 17025
RELATIONSHIP TO DECEDENT AMOUNT OR SHARE
Do Not ListTrustee(s) OF ESTATE
Trust $162,480.00
ENTER DOLLAR AMOUNTS FOR DISTRIBUTIONS SHOWN ABOVE ON LINES 15 THROUGH 17, AS APPROPRIATE, ON REV 1500 COVER SHEET
II. NON-TAXABLE DISTRIBUTIONS:
A. SPOUSAL DISTRIBUTIONS UNDER SECTION 9113 FOR WHICH AN ELECTION TO TAX IS NOT BEING MADE
1.
Two Prudential IRAs for which wife was listed as beneficiary
50,314.53
B. CHARITABLE AND GOVERNMENTAL DISTRIBUTIONS
1.
TOTAL OF PART II. ENTER TOTAL NON-TAXABLE DISTRIBUTIONS ON LINE 13 OF REV 1500 COVER SHEET $
(If more space is needed. insert additional sheets of the same size)
PETITION FOR PROBATE and GRANT OF LETTERS
;;)(-D\- 4cg~
Estate of - Irvin E. Stambaugh, Sr.
also known as Irvin Edward Stambaugh Q. ~~
:I:r oJ; ~ e:. S....A^"bA~~
, Deceased.
Social Security No. 196-14-4663
No.
To:
Register of Wills for the
County of Cumberland in the
Commonwealth of Pennsylvania
The petition of the undersigned respectfully represents that:
Your petitioner(s), who is/are 18 years of age or older an the execut rix
in the last will of the above decedent, dated Se~tember 26
and codicil(s) dated
named
, 19'12-
(state relevant circumstances, e.g. renunciation, death of executor, etc.)
Decendent was domiciled at death in Cumberland County, Pennsylvania, with
hiR last family or principal residence at ') l) A('ri Mp,qilrlT.J Rn,qrl
F.pol~) PA J7025; East Pennsboro Township
(list street, number and muncipality)
Decendent, then I b years of age, died September 18 ,21:>>2000
at ReRidenc-e, F.A~t penn~horo TOWTIRhip
Except as follows, decedent did not marry, was not divorced and did not have a child born or adopted
after execution of the will offered for probate; was not the victim of a killing and was never adjudicated
incompetent:
Decendent at death owned property with estimated values as follows:
(If domiciled in Pa.) All personal property
(If not domiciled in Pa.) Personal property in Pennsylvania
(If not domiciled in Pa.) Personal property in County
Value of real estate in Pennsylvania
situated as follows:
$
$
$
$
o
WHEREFORE, petitioner(s) respectfully request(s) the probate of the last will and codicil(s)
presented herewith and the grant of letters Testamentary
(testamentary; administration c.La.; administration d.b.n.c.t.a.)
theron.
---
t //;i d'/MiU". ~ <Jit'Ynl i2<-<-<ti
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25 Acri Meadow Road
Enola. FA 17025
OATH OF-PERSONAL REPRESENTATIVE
COMMONWEALTH OF PENNSYLVANIA }
COUNTY OF CUMBERLAND ss
llo - ~ ?Jl -- 3
The petitioner(s) above-named swear(s) or affirm(s) that the statements in the foregoing petition are
true and correct to the best of the knowledge and belief of petitioner(s) and that as personal represen-
tative(s) of the above decedent petitioner(s) will well and truly admwister the estate according to law.
Sworn to or affirmed and subscribed (" 1IU-e1'~">L/ ~ l1;;Yn_iu,(.U/~./ V)
before me this 15TH day of .' .,- (j~'
l::l
~. ~
Q ~
~o. 21 - 01 - 482
Estate of
IRVIN E STAMBAUGH
, Deceased
DECREE OF PROBATE AND GRANT OF LETTERS
AND NOW MA Y 17 J~ 2001, in consideration of the petition on
the reverse side hereof, satisfactory proof having been presented before me,
IT IS DECREED that the instrument(s) dated SEPTEMBER 26 _ 1995
described therein be admitted to probate and filed of record as the last will of
IRVIN E STAMBAUGH
TESTAMENTARY
THELMA G STAMBAUGH
and Letters
are hereby granted to
FEES
ltJ{fl7f@ !Q~~e::~'
Register of ills
MARY CLEWIS
$ 18.00
$ 6.00
$
$ 1 5.00
5.0u
TOTAL - $ 44.00
Filed ...... ~~ Y. .1. 7. ~ . ? P.Q 1 . . . . . . . . . . . . . . .
Probate, Letters, Etc. .........
Short Certificates(2 ) . . .. . . . . . .
Renunciation ................
X-PAGES
JCP
A TIORNEY (Sup. Ct. 1.D. No.)
ADDRESS
PHONE
Mailed letters to attorney on 5-17-01
21 - 01 - 482
EGISTER OF WILLS OF COUNTY
OATH OF SUBSCRIBING WITNESS
Sworn to or affirmed and subscribed before
me this da
qualified according to
present and saw
codicil
(each) a subscribing witness to the ill presented herewith, (each) being d
law, depose(s) and say(s) that
the testat , sign the same and that
request of testat_ in h presence and (in the
other subscribing witness(es)).
(Name)
(Address)
(
REGISTER OF WILLS OF C UJA ~I Ji\-t!,tcOUNTY
OATH OF NON-SUBSCRIBING WITNESS
'-m~U11ft r-;~ llttlnBA1Jh ~
(each) a subscriber hereto, (each) being duly qualified according to law, depose(s) and say(s) that
_t^JE: ~ familiar with the signature of 11\\/ J ~ E-, \S TfJr1Yl\F5AitL7 /.J.--
testat1!K.- Df (OIl' C)f the subscrihing w;tnp'.e, tD) the ~pr~sented herewith and
that . L. believ"t thc signature Dn th~c:~ the handwriting Df
J KV t N ~ \S TA1(l/t BAtte; l+-
to the best of m '--1 knowledge and belief.
SWDrn tD Dr affirmed and subscribed befDre ~k-lJj /); , _,i,~~
me this 15TH day of (Name) .
1~ - 01 ffl
8tfiJ 7 ~ JAddr~S) n
Register c2 jtC Y<. J / Y J E A d tJ \Iv is J
E 1 (Nam~
ri 0 A r~~ 17o;;J,S-
~ ,
(Address)
21 - 01 - 482
REGISTER OF WILLS OF COUNTY
OATH OF SUBSCRIBING WITNESS
ach) being duly qualified according to
present and saw
codicil
(each) a subscribing witness to the will presented herewith
law, depose(s) and say(s) that
the testat , sign the same and that signed as a witness at the
request of testat_ in h nce and (in the presence of each other) (in the presence of the
other subscribing witness(es)).
Sworn to or affirmed a
me this
subscribed before
day of
19_
(Name)
(Address)
Register
(Name)
~
(Address)
REGISTER OF WILLS OF 0 L-tJ/1 B Ef?t1fN~OUNTY
OATH OF NON-SUBSCRIBING WITNESS
lM! I tJ E- 0STftrn BAuq ~ ~ .
(each) a subscri er hereto, (each) being duly qualified according t~ law, depose.(s). ~d say(s) t t
familiar with the signature of V S \,:)
the e~ pr~sented herewith and
believe~ the signature on th
Lyr!-
testat~ of
EQrAmBAGl(
f'
that
I
to the best of ----1lJ'1
knowledge and belief.
Sworn to or affirmed and subscribed before
me this 16TH day of
~~.~~~~.
MAR CLEWIS ' Register
(Name)
(Address)
(Name)
(Address)
110';.SOS RF\' t)/'i\(,
This is to certify that the information here given is correctly copied from an original certificate of death duly filed with me as
Local Registrar.' The original certificate will be forwarded to the State Vital Records Office for permanent filing.
WARNING: It is illegal to duplicate this copy by photostat or photograph.
Fee for rhis certificare, $2.00
p
5762931
No.
SEP 1 9 2000
Dare
COMMONWEALTH Of PENNSYLVANIA · DEPARTMENT OF HEALTH · VITAL RECORDS
CERTIFICATE OF DEATH
I Ae. 2/87
NAME Of DECEDENT (f,r.. M,d<j1e.lasll
1.
Stambaugh Sr.
SEX
2. Ma 1 e
Irvin E.
UNDER 1 YEAR
Monlha Days
UNOER I ON!
_ Minut..
DATE Of BIRTH
,"'OOln Day "e811
BIRTHPLACE iC,ly ar.d PLACE 01' DEATH (Ct-eclo ""'y ON) .. __ ,nSlruel""", on cJlhe. _I
SIa.. '" fcreogn COlJmryl HOSPITAL -
La n cas t e r , P a Inpa".nl 0 EfIIOuIpat..nl 0 OOA 0
7 Ia.
FACILIT'r' NAME (II nol InsNut""'. gM' Slreal al'l<l number.
Cumberland
lit.
DECEDENT'S USUAl OCCUp,lPJ1ON
(Glvelund alwork done dutong moot
01 work"'lllil.; do no! use rellted )
. lla. Mechanic l1..Arm
DECEDENT'S MAILING ADDRESS (SIr.. CtlyflOwo. SlaIe.l''I> Code)
17a.SlaI. Pennsylvania
STATE FILE NUMBER
SOCIAL SECURIT'f NUMBER
3.196 - 14 -4663
DATE OF OEATH ,Mcrnh. Oa~._)
9/18/2000
a.
=",,)0
~CEDENT 01' HISPANIC ORIGIN?
No~ ..... 0 Uyaa.IpacIlyCuban.
~1C:8I'l. /'uet10 Rican, ..c
t.
RACE . Amanan Indian. Black. Wh_.. MC.
ISpecIy)
10. White
SURVIVING SPOUSE
," ""'e. gove tnaIOen namel
MARITAL STATUS. Matriad
Na_ Maniad. WidowM.
Ma~i~dlly)
1..
11. Thelma Dallmeyer
ppnn~hnrn _
17c.6a Yea.'--"'1iYad in F. t:l ~ ,...
25 Acri Meadow Road
1.. Enola, Pa 17025
fATHER'S NAME (f.sr. M<l<lle. Lasr)
II. Albert Stambaugh
INFORMANT'S NAME (T ypelP,onIl
2Oa. The lma Stambaugh
METHOD OF DISPOSITION
~ CremallOn 0 RemlMIlromSlallO
~D 00.. (Speotyl
. 21a.
SIGNATURE
Did
clececIanl
Iiw ...
lOwnsIlip1 17d.O :":,=,rll~oI
MOTHER'S NAME iF.sr. MIlldIe. MatdenSumarTle)
11. Violet ??
INFORMANT'S MAlLlHG ADORESS (SIr..!. Cil>ilbwn. SIaIa. Zip Code)
. 25 Acri Meadoo Rd., Enola, Pa 17025
PlACE OF DISPOSITION. Nama 01 Cemellry. Cremalory LOCATION. Cil>i/ToMl. Sial.. ZIp Coda
Of Ol/laf PIac.
Cumberland
17b. Coun
2000
21cBlue
:l3II.
l:ME OF DEATH
_~whopronounc..dealh .' iLl
~ 2a. 25.
.... 27. MAT': Ent.r lhe diseases. injuries or COmpKallOns which caused the death Do not ant., the mode of dying, such as cardiae or respiratory a.r8sl. shoctt Of heart failur.
llll only one cause on .ach lone
_DlATECAUSE(F""" ~ . I I ~ <"1/ I I. C.'
~~:~~ a. n~~V~)
.i ( OUENCE Of):
= Sequanlially ... concIiIions \ cb
~=:lg~-::;-":
._ CAUSE (0- Of.....y
....lhaI nllaIed ._
3r-.grnoea.....LAST d
~WAS AN AumPSY weRE AU10PSV FINDINGS
= PERfORMED? ~~~.6:eg: ~USE
": OF DEATH?
DUE 10 (OA AS A CONSEOUENCE Of):
DUE 1O(OA AS A CONSEOUENCE Of):
'!!
MANNER OF DEATH
_ur" re HomICide 0
Accldenl Pendl"lllnvaSll9alron 0
S-:tde 0 Could noI be determined 0
DATE OF INJURY
(Monlt!. Day. Yearl
..... 0 NO~
ae.. Zlb.
CERTIFIER eCt-eel< oniy one)
.CERTIFYING PHYSICIAN 1Pht"",oan c"'l~ytng cause ol dealh whendnOlhe. ph."'" ,an has pronounced dealh ana compleledltem 231
To _ _ ol"'y knowledva, deeth occuned _ ....... c.u..(a. and m.nne,.. al.led. . . . . . . . . . . . . . . . . . .
city",.".
Rid e Mem Gardens
NAME AND AOORESS OF FACILITY
aacSullivan F.H. 51 N. Enola_Ik_..EnolaLP~L
ILICENSE NUMBER' . .... - DRESiGNED--- ----
(Mondl. Day. _I
23b. 23c.
~ CASE REFERRED TO MEDICAl EXAMINERlCORONER?
_0
2td. Harrisbur
Pa
21.
i Approxomal.
:inl__n
,...- and dea'"
I
:
Not!
OIlier signillcanl condiIions COrllribuling to death. but
noI rasuain9 in .... undatlytng ca.- given in PAAT I.
PART II:
TIME OF INJURY
INJURY AT WORK?
DESCRIBE HOW INJURY OCCURRED.
Y. 0
NoD
ZI.
3011_
PLACE OF INJURY. .\1 horn.. farm. SlIe." 'aclory. offic.
bUIIdi"ll. _. .Spec".)
308.
M. JOe.
Yes 0
NoD
-
.~
=t
I
. PRONOUNCING AND CERTIfYING PHYSICIAN (Ph\'S'Coan 00111 ~':)Ilounc,ng Oedlh and cert"yonglo cause 01 Oealhl
To !he _I 01 my knowledg.., de.'" occurred .1.... u.n.. dale. and place. and due 10 lhe cau..(s) and manner aa ataled.. . . . .
.MEDICAL EXAMINER/CORONER
On Ihe b.lis 0' .xamination .ndlor investigalion, in my opinion, dellh occurred allhe lime, dale, and place, and due 10 lhe c.use(s) and
mannar.. sIlled.. . . . . . . . . . .. ..... . . . . . . . . .. ... . . . . . . . . .
-I.'''~~~;?'~ - .
.J3 - -~~t2. _
...-:~"" -
tXl/~/11
rW?
o J ::~OONEDtfJjl7ru
NAME "NO ADDRESS OF PERSON WHO COMPLETED CAUSE OF DEATH
(lIem 27) JY~ 91 Prinl ~ .J .... A
If c.c./f~~ r- /? e(,""71.. -, <. ' ~1.
o '190 POl'ltl-<'- t'..{.u/u'A ~L
32''.!.L'"}'1l.-A n_)/; '// r? I ., P 1/
C"'Z//7 -:?~-- n__
--,..-- /
, .
Last Will
of
IRVIN E. STAMBAUGH
I, IRVIN E. STAMBAUGH, also known as IRVIN EDWARD
STAMBAUGH, of Enol a, Cumberland County, Pennsylvania, make this Will
and revoke all of my prior wills and codicils.
Article One
My Family
I am married and my spouse's name is THELMA G. STAMBAUGH.
All references to "my spouse" in my Will are to her.
The names and birth dates of my children are:
IRVIN E. STAMBAUGH, JR., born November 10, 1949
RA )'f. fill STAMBAUGH, born May 30, 1952
All references to my children in my will are to these children, as well as any
children subsequently born to me, or legally adopted by me.
...2
r~
/
Page 1
Article Two
Distribution of My Property
Section 1. Pour-Over to My Living Trust
All of my property of whatever nature and kind, wherever situated, shall be
distributed to my revocable living trust. The name of my trust is:
IRVIN E. STAMBAUGH and THELMA G.
STAMBAUGH, Trustees, or their successors in trust,
under the IRVIN E. STAMBUAGH AND THELMA G.
STAMBAUGH LIVING TRUST, dated September 26,
1995, and any amendments thereto.
Section 2. Alternate Disposition
If my revocable living trust is not in effect at my death for any reason
whatsoever, then all of my property shall be disposed of under the terms of
my revocable living trust as if it were in full force and effect on the date of
my death.
Article Three
Powers of My Personal Representative
My personal representative shall have the power to perform all acts reasonably
necessary to administer my estate, as well as any powers set forth in the
statutes in the State of Pennsylvania relating to the powers of fiduciaries.
L C.
/
Page 2
. .
Article Four
Payment of Expenses and Taxes
and Tax Elections
Section 1. Cooperating with the Trustee of My Living Trust
I direct my personal representative to consult with the Trustee of my revocable
living trust to determine whether any expense or tax shall be paid from my
trust or from my probate estate.
Section 2. Tax Elections
My personal representative, in its sole and absolute discretion, may exercise
any available elections with regard to any state or federal tax laws.
My personal representative, in its sole and absolute discretion, may elect to
have all, none, or part of the property comprising my estate for federal estate
tax purposes qualify for the federal estate tax marital deduction as qualified
terminable interest property under Section 2056(B)(7) of the Internal Revenue
Code.
My personal representative shall not be liable to any person for decisions made
in good faith under this Section.
Section 3. Apportionment
All expenses and claims and all estate, inheritance, and death taxes, excluding
any generation-skipping transfer tax, resulting from my death and which are
incurred as a result of property passing under the terms of my revocable living
trust or through my probate estate shall be paid without apportionment and
without reimbursement from any person. However, expenses and claims, and
all estate, inheritance, and death taxes assessed with regard to property passing
outside of my revocable living trust or outside of my probate estate, but
included in my gross estate for federal estate tax purposes, shall be chargeable
against the persons receiving such property.
J
{~
,/
Page 3
Article Five
Appointment of My Personal Representative
I appoint THELMA G. ST AMBA UGH to be my personal representative.
If THELMA G. STAMBAUGH cannot act, or is unwilling to act, I appoint,
in the order named, the following successor personal representatives:
IRVIN E. STAMBAUGH, JR. and RA tlIll fI"J STAMBAUGH, or
the survivor of them.
I direct that my personal representatives not be required to furnish bond,
surety, or other security.
I have initialed all of the pages of this Will, and have signed it on September
26, 1995.
~ ~ 4td:/ f~
IRVIN E. STAMBAUGH
The foregoing Will was, on the day and year written above, published and
declared by IRVIN E. STAMBAUGH in our presence to be his Will. We, in
his presence and at his request, and in the presence of each other, have
attested the same and have signed our names as attesting witnesses and have
initialed each page.
We declare that at the time of our attestation of this Will, IRVIN E.
STAMBAUGH was, according to our best knowledge and belief, of sound
mind and memory and under no undue duress or constraint.
;&N/l~!l 7P. f)/JL~p<'1
WITNESS
Address:
L E.
L
Page 4
. .~/"/J' J7k7(~~ 141
~,,4 iJ/I / lOr?)" elf Ii
f,~ 1? ~
WITNESS
Address:
fit! t/e-It,vl//~ U
4o/t; /14 /7()~c--/~!J
J
f. ./
. .
Page 5
COUNTY OF CUMBERLAND
)
) SSe
)
ST A TE OF PENNSYLVANIA
We, IRVIN E. STAMBAUGH, Lee.-..u- '-'- I?.a /~t/~ , and
f If'e' fJ. 4ck_ f . , the Testator and the witnesses,
respectively, whose names are signed to the foregoing Will, having been
sworn, declared to the undersigned officer that the Testator, in the presence
of witnesses, signed the instrument as his last Will, that he signed, and that
each of the witnesses, in the presence of the Testator and in the presence of
each other, signed the Will as a witness.
c(1~~ r. 4LI L
IRVIN E. STAMBAUGH
~~~~~~ ~, Cj.)Af)j}_~O-1
WITNESS
-r:~ ~ ~
WITNESS
Subscribed, sworn to or affirmed, before me by IRVIN E. STAMBAUGH, the
Testator, and by Lc_r~f.oC-;- R. .J}c//,.,.,I.V4- and
~1~ witnesses, on September 26, 1995.
Notary PubIV
My commission expires:
Notarial Seal
Robert J. Kreidler, Notary Public
Susquehanna Twp., Dauphin County
My Commission Expires Aug. 24, 1998
Member, Pennsylvania Association of Notanes
L E.
/
Page 6
E
CERTIFCATION OF NOTICE UNDER RULE 5.6(A)
Name of Decedent: Irvin E. Stambaugh
Date of Death: September 18, 2000
Will No.:
2001-00482
Admin No.:
21-01-04
To the Register:
I certify that notice of (beneficial interest) estate administration required by Rule 5.6(a) of the Orphans' Court Rules
was served on or mailed to the following beneficiaries of the above-captioned estate on 8/15/2001 :
Name
Address
Thelma G. Stambaugh
25 Acri Meadow Road, Enola, PA 17025
Thelma G. Stambaugh, Trustee
25 Acri Meadow Road, Enola, PA 17025
Ray Stambaugh
25 Acri Meadow Road, Enola, PA 17025
Irvin E. Stambaugh, Jr.
18 Acri Meadow Road, Enola, PA
17025
Notice has now been given to all persons entitled thereto under Rule 5.6(a) except
Date: 8/15/2001
-;2 l'
Sighature I
Thomas J. Ahrens, Esq.
Name
5521 Carlisle Pike
Mechanicsburg, PA 17050
Address
(717) 697-1800
Telephone
Capacity: D Personal Representative
[] Counsel for personal representative
09/10/2001 13:20
717-E.97--H::f:,F,
AHRENS LAW OFFICES
PAGE 02
JRD/June 30, 1992/17858
AUG 3 1 2001 fiJ
In Re: Estate of Irvin E. Stambaugh
Late of East Pennsboro Tow'usbip
ORPHANS~ COURT DIVISION
COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY
PENNSYLVANIA
Estate No.: 21-01-482
NO.
NOTICE OF FAILURE TO FlLE CERTIFICATION AND REQUEST TO CONDUCT A
IiEARlNG PURS1J};.NT TO RULE 5.6(e), SUPREME COURT
(lRPHANS' COURT RULE
Personal Representative: Thelma G. Stambaugh
Counsel for Personal Representative: Thomas J. Ahrens Esq
Date of Grant of Original Letters: l\fay 17, 2001
Date of Delinquency Notice: August 27, 2001
The undersigned, j\1ary C, Lewis, Register of 'Wills, in accordance with Rule 5.6,
Supreme Court Orphans' Court Rules) hereby notifies the Orphans' Court Division, Court of
Common Pleas of Cumberlili1d Coun.ty, that neither the above named personal representative nor
the above named C01U1Sei for the personal representative have filed with the Register of Wills or
Clerk of the Orphans' Court his~ hc'Y or its certification required by Rule 5.6(e), Supreme Court
Orphans' Court Rule and that the requisite notice, pursuant to Rule 5.6(e), Supreme Court
Orphans' Court Rules, "vas given by the Register of Wills on August 13, 2001, and that the ten
(10) day notice to file the certificatio.,-l has expired. Accordingly, in accordance with Rule 5.6(e)
the Court is hereby notified of such delinquency and the undersigned requests that a Court
conduct a hearing to detelUline wh{~tl1er sanctions should be imposed upon the delinquent
personal representative or counsel for the delinquent personal representative.
Date: September 4, 2001
'F"'-~ OF 7}
;; '-I' / -,,/ ...>
,_(.7 .
{JIlL,
" '
Distribution:
Personal Represent:~tive
Counsel for Personal Representative
Estate File
A hearing is scheduled for t1zr;~~&~ If: 01-/1// at tl/ .j"j In Courtroom No.3. If the
Certification ofNQtice is filed prior to the hearing date, the hearing will automaticatly be
cancelled.
Goor
~ ~ q-\~-O\
.--
~
CORRECTED
CERTIFICATION OF NOTICE UNDER RULE 5.6 (a)
Name of Decedent: Pauline G. Eckerd
Date of Death: February 16, 2001
will No. 21-01-0419
Admin. No.
To the Register:
I certify that notice of estate administration required by
Rule 5.6(a) of the Orphans' Court Rules was served on or mailed
to the following beneficiaries of the above-captioned estate on
October 31, 2001:
Name
Address
Paris Hepner
33 Prospect Road
Plympton, MA 20367
50 Warwick Circle
Mechanicsburg, PA 17055
Box 1435
Zuni, NM 87327
508 Rush Road
Fayetteville, NC 28305-4918
1036 East Winding Hill Road
Mechanicsburg, PA 17055
1346 W. Granville, unit 2
Chicago, IL 60660
1381 Triplett Road
Cleveland, NC 27013
800 South Market street
Mechanicsburg, PA 17055
Lee E. Eckerd
Janet M. Walter (formerly
Malone)
Lance Eckerd
Cheryl Haselden
Ty Malone
Diane Stovall
Missionary Alliance Church
Notice has now been given to all persons entitled thereto under
Rule 5.6(a) except:
None
squire
One West Main eet
Shiremanstown, PA 17011
(717) 737-8761
Capacity: Personal Representative
X Counsel for Personal
Representative
Date: October 31, 2001
'\. I b -c2 3 I ~-3
BUREAU OF INDIVIDUAL TAXES
INHERITANCE TAX DIVISION
DEPT. 280601
HARRISBURG, PA 17128-0601
COMMONWEALTH OF PENNSYLVANIA
DEPARTMENT OF REVENUE
INHERITANCE TAX
STATEMENT OF ACCOUNT
'02
11AR -8 P 1
DATE
ESTATE OF
DATE OF DEATH
'18 FILE NUMBER
. COUNTY
ACN
THOMAS J AHRENS ESQ
AHRENS LAW OFFICES
5521 CARLISLE PIKE C;,::."1
MECHANICSBURG PA 17J~wnL
*'
REV-1U7 EX AFP 101-02l
03-04-2002
STAMBAUGH
09-18-2000
21 01-0482
CUMBERLAND
101
IRVING
E
Allount Rell! tted
MAKE CHECK PAYABLE AND REMIT PAYMENT TO:
REGISTER OF WILLS
CUMBERLAND CO COURT HOUSE
CARLISLE, PA 17013
NOTE: To insure proper credit to your account, subllit the upper portion of this forll with your tax paYllent.
CUT ALONG THIS LINE ~ RETAIN LOWER PORTION FOR YOUR RECORDS ~
REV =i61fj-ix--AFP--foi-:02i-------...-iii.rEiITANc'E--y;:X--si'AfE~iE-NY-OF-AC-COUNT--...--------------- - -----
ESTATE OF STAMBAUGH IRVING E FILE NO. 21 01-0482 ACN 101 DATE 03-04-2002
THIS STATEHENT IS PROVIDED TO ADVISE OF THE CURRENT STATUS OF THE STATED ACN IN THE NAHED ESTATE. SHOWN BELOW
IS A SUHHARY OF THE PRINCIPAL TAX DUE, APPLICATION OF ALL PAYHENTS, THE CURRENT BALANCE, AND, IF APPLICABLE,
A PROJECTED INTEREST FIGURE.
DATE OF LAST ASSESSMENT OR RECORD ADJUSTMENT: 01-16-2002
PR I NC I PAL TAX DU E : ...........................................................................................................................................................................................................................
PAYMENTS (TAX CREDITS):
7,311.60
PAYMENT RECEIPT DISCOUNT (+) AMOUNT PAID
DATE NUMBER INTEREST/PEN PAID (-)
06-18-2001 AA496738 .00 7,222.28
11-07-2001 CDOO0497 .00 89.32
01-24-2002 CDOO0788 3.13- 3.13
TOTAL TAX CREDIT 7,311.60
BALANCE OF TAX DUE .00
INTEREST AND PEN. .00
IE IF PAID AFTER THIS DATE, SEE REVERSE TOTAL DUE .00
SIDE FOR CALCULATION OF ADDITIONAL INTEREST.
( IF TOTAL DUE IS LESS THAN $1,
NO PAYHENT IS REQUIRED.
IF TOTAL DUE IS REFLECTED AS A "CREDIT" (CRl,
YOU HAY BE DUE A REFUND. SEE REVERSE SIDE OF THIS FORH FOR INSTRUCTIONS. l
"v /~-C2~/- '3
COMMONWEALTH OF PENNSYLVANIA
DEPARTMENT OF REVENUE
*'
BUREAU OF INDIVIDUAL TAXES
INHERITANCE TAX DIVISION
DEPT. 280601
HARRISBURG. PA 17128-0601
NOTICE OF INHERITANCE TAX
APPRAISEMENT, ALLOWANCE OR DISALLOWANCE
OF DEDUCTIONS AND ASSESSMENT OF TAX
REV-1547 EX AFP <12-00)
THOMAS J AHRENS ESQ
AHRENS LAW OFFICE
5521 CARLISLE PIKE
MECHANICSBURG PA 17055
DATE
ESTATE OF
DATE OF DEATH
FILE NUMBER
COUNTY
ACN
11-05-2001
STAMBAUGH
09-18-2000
21 01-0482
CUMBERLAND
101
IRVING
E
Allount Rellitted
MAKE CHECK PAYABLE AND REMIT PAYMENT TO:
REGISTER OF WILLS
CUMBERLAND CO COURT HOUSE
CARLISLE, PA 17013
CUT ALONG THIS LINE ~ RETAIN LOWER PORTION FOR YOUR RECORDS ~
RE-Y=is'4j-i'X--AFP--fi'2-=ooi--NCffici--OF-'rNHiifiTANCE-TAirA-PPRAisEMENT~--Ar.i-oWAN-CE-OR-----------------
DISALLOWANCE OF DEDUCTIONS AND ASSESSMENT OF TAX
ESTATE OF STAMBAUGH IRVING E FILE NO. 21 01-0482 ACN 101 DATE 11-05-2001
TAX RETURN WAS: (X) ACCEPTED AS FILED
CHANGED
RESERVATION CONCERNING FUTURE INTEREST - SEE REVERSE
APPRAISED VALUE OF RETURN BASED ON: ORIGINAL RETURN
1. Real Estate (Schedule A)
2. stocks and Bonds (Schedule B)
3. Closely Held Stock/Partnership Interest (Schedule C)
4. Hortgages/Notes Receivable (Schedule D)
5. Cash/Bank Deposits/Hisc. Personal Property (Schedule E)
6. Jointly Owned Property (Schedule F)
7. Transfers (Schedule G)
8. Total Assets
175,090.00
.00
.00
.00
1,500.00
.00
35,736.43
(8)
(1)
(2)
(3)
(4)
(5)
(6)
(7)
NOTE: To insure proper
credit to your account,
subllit the upper portion
of this forll with your
tax paYllent.
212,326.43
APPROVED DEDUCTIONS AND EXEMPTIONS:
9. Funeral Expenses/Adll. Costs/Hisc. Expenses (Schedule H)
10. Debts/Hortgage Liabilities/Liens (Schedule I)
11. Total Deductions
12. Net Value of Tax Return
13. Charitable/Governllental Bequests; Non-elected 9113 Trusts (Schedule J)
14. Net Value of Estate Subject to Tax
(9)
(10)
16,095.00
.00
(11)
(12)
(13)
(14)
16.091; 00
196,231.43
.00
196,231.43
NOTE: I~ an assessment was issued previously, lines 14, 15 and/or 16, 17, 18 and 19 will
re~lect figures that include the total of ALL returns assessed to date.
ASSESSMENT OF TAX:
15. Amount of Line 14 at Spousal rate
16. Amount of Line 14 taxable at Lineal/Class A rate
17. Allount of Line 14 at Sibling rate
18. Allount of Line 14 taxable at Collateral/Class B rate
19. Principal Tax Due
(15) 35,736.43 X 00 = .00
(16) 160,495.00 X 045 = 7,,222.28
(17) .00 X 12 = .00
(18) .00 X 15 = .00
(19)= 7,,222.28
TAX CREDITS:
PAYHENT RECEIPT DISCOUNT (+) AHOUNT PAID
DATE NUHBER INTEREST/PEN PAID (-)
06-18-2001 AA496738 .00 7,222.28
TOTAL TAX CREDIT 7,222.28
BALANCE OF TAX DUE .00
INTEREST AND PEN. .00
TOTAL DUE .00
· IF PAID AFTER DATE INDICATED, SEE REVERSE
FOR CALCULATION OF ADDITIONAL INTEREST.
( IF TOTAL DUE IS LESS THAN $1, NO PAYHENT IS REQUIRED.
IF TOTAL DUE IS REFLECTED AS A "CREDIT'" (CR)" YOU HAY BE DUE
A REFUND. SEE REVERSE SIDE OF THIS FORH FOR INSTRUCTIONS.)
REV-346 EX (8-92) ~~
PA DEPARTMENT OF REVENUE ~
ESTATE INFORMA liON SHEET
FOR REGISTER'S OFFICE USE ONt Y
County Code Year File Number
21
01
482
DECEDENT INFORMATION: Enter data as it will appear on all documents submitted to the department.
Name (Last) i7 (First) (Middle)
Stambaugh ~rc. Irvin E.
Decedent's Social Security Number Date of Death Date of Birth
196-14-4663 9-18-2000 10-4-1923
I I
TYPE FILING: Enter check (v-) mark to indicate the nature of the return to be filed with the department.
I DProbate Return
o Joint Assets Only
[X] Estate Tax Only
o Litigation Purposes (No Other Assets)
LETTERS GRANTED: Enter check (v-) mark to indicate the nature of the proceedings at the Register of Wills
Office. (Attach additional sheets if explanation is necessary.)
fil Testamentary
o Administration
o No Letters
o Other (Please Explain)
ATTORNEY ICORRESPONDENT
INFORMATION:
Enter all data concerning the attorney or other individual to receive all
tax information and correspondence.
Name (Last) (Fi rst) (Middle) Supreme Court 1.0. #
Ahrens Thomas J. 80143
Street Address
5521 Carlisle Pike
City State Zip Code Telephone Number
Mechanicsburg PA 17050 (717)697-1800
PERSONAL REPRESENTATIVE
INFORMATION:
Executorl Administrator
Enter all data concerning the personal representative(s) of the estate
authorized by the Register of Wills
Name (Last)
Stambaugh
Street Address
25 Acri Meadow Road
(First)
Thelma
(Middle)
G.
2"1bl
City
Ei10la
Co-Executorl Administrator
State
Zip Code
Telephone Number
PA
17025
,\\ 132-0..\\\
Name (Last)
(First)
(Middle)
Social Security Number
Street Address
City
State
Zip Code
Telephone Number
Co-Executorl Administrator
Name (Last) (First)
(Middle)
Street Address
City
Zip Code
Telephone Number
State
Prepared By ---r /
I Af"w14! 1
[Date
S--IS--O(
?L
~ ~-. / (/;,c2J I~ 3
BUREAU OF INDIVIDUAL TAXES
INHERITANCE TAX DIVISION
DEPT. 280601
HARRISBURG, PA 17128-0601
COMMONWEALTH OF PENNSYLVANIA
DEPARTMENT OF REVENUE
INHERITANCE TAX
Recc:
RECORD ADJUSTMENT
DATE
ESTATE OF
DATE OF DEATH
FILE NO.
COUNTY
JAN 25 P 2 :C ~~CN
Thoams J. Ahrens Esq.
Ahrens Law Offices
5521 Carlisle Pike
Mechanicsburg PA 17055
.02
l~E::! ~\
CUlnlY
. (
!
REV-1593 EX (12-97) PC
01/17/2002
Irving E. Stambaugh
09/18/2000
2101-0482
Cumberland
101
Amount Remitted
MAKE CHECK PAYABLE AND REMIT PAYMENT TO:
Register of Wills
Cumberland County Courthouse
Carlisle, PA 17013
NOTE: To insure proper credit to your account, submit the upper portion of this form with your tax payment.
CUT ALONG THIS LINE ~ Rt;T !'!~ !-:9~~~ ~~~~!9_~ _ ~~~ ~~~_~ _ ~_~~9_~~~_ --~ - - - - - - - - - - -- - - - - - - - - -- - - -- - -- - - - - --
--R-EV~159-3EX-Ai=P(03~97r----------------------;; INHERITANCE TAX RECORD ADJUSTMENT **
ESTATE OF
Irving E. Stambaugh
FILE NO. 2101-0482
ACN 101
DATE 01/17/2002
ADJUSTMENT BASED ON: Administrative Correction
VALUE OF ESTATE:
1. Real Estate (Schedule A) (1)
2. Stocks and Bonds (Schedule B) (2)
3. Closely Held Stock/Partnership Interest (Schedule C) (3)
4. Mortgages/Notes Receivable (Schedule D) (4)
5. Cash/Bank Deposits/ Misc. Personal Property (Schedule E) (5)
6. Jointly Owned Property (Schedule F) (6)
7. Transfers (Schedule G) (7)
8. Total Assets
DEDUCTIONS AND EXEMPTIONS:
9. Funeral Expenses/Adm. Costs/Misc. Expenses (Schedule H) (9)
10. Debts/Mortgage Liabilities/Liens (Schedule I) (10)
11. Total Deductions
12. Net Value of Tax Return
13. Charitable/Governmental Bequests; Non-elected 9113 Trusts (Schedule J)
14. Net Value of Estate Subject to Tax
TAX:
15. Amount of Line 14 at Spousal rate (15)
16. Amount on Line 14 taxable at Lineal/Class A rate (16)
17. Amount of Line 14 taxable at Sibling rate (17)
18. Amount of Line 14 taxable at Collateral/Class B rate (18)
19. Principal Tax Due
TAX CREDITS:
0.00
0.00
0.00
0.00
1,500.00
0.00
225,404.53
(8)
226,904.53
14,110.00
0.00
(11)
(12)
( 13)
( 14)
14,110.00
212,794.53
0.00
212,794.53
50,314.53 X .00=
162,480.00 X .045=
o . 00 X. 12 =
O. 00 X. 15 =
(19)
0.00
7, 311. 60
0.00
0.00
7, 311. 60
I PAYMENT RECEIPT DISCOUNT (+)
DATE NUMBER INTEREST/PEN PAID (- ) AMOUNT PAID
I 06/18/2001 AA496738 7,222.28
11/07/2001 CDOO0497 0.00 89.32
Balance of unpaid interest/penalty as of 11/08/2001 TOTAL TAX CREDIT 7,311.60
BALANCE OF TAX DUE .00
INTEREST 3.13
TOTAL DUE 3.13
*
IF PAID AFTER DATE INDICATED, SEE REVERSE
FOR CALCULATION OF ADDITIONAL INTEREST.
(IF TOTAL DUE IS LESS THAN $1, NO PAYMENT IS REQUIRED.
IF TOTAL DUE IS REFLECTED AS A CREDIT (CR), YOU MAY BE 01
A REFUND. SEE REVERSE SIDE OF THIS FORM FOR INSTRUCTIONS,
- ..
REV-1470 EX (6-88)
PROBATE 181 JBA 0 DATE:1/18.
INHERITANCE TAX
EXPLANATION
OF CHANGES
COMMONWEALTH OF PENNSYLVANIA
DEPARTMENT OF REVENUE
BUREAU OF INDIVIDUAL TAXES
DEPT. 280601
HARRISBURG PA 17128-0601
DECEDENTS NAME
Irving E. Stambaugh, Sr.
FILE NUMBER
ACN
2101-0482
101
SCHEDULE ITEM
NO.
EXPLANATION OF CHANGES
This notice is issued in response to the supplemental return filed 11/07/2001.
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TAX EXAMINER: Shawn E. Young
PAGE 1
RECEIVED FROM:
I ACN
ASSESSMENT
CONTROL AMOUNT
NUMBER
THE ~_fYIA G STAMBAUGH 1 0 .. $7 l! i?22 . 28
(:~ :) ('lee, r 1'1E p, DOl') r?OAD
E1'l(JLJ.\ . F'A 1 t'7 ()2 ~~
FOLD HERE FOLD HERE
ESTATE INFORMATION: I
FILE NUMBER
'- f!. (} (! 1 ,- 0'..02 ~:: r; hi 1 96-' I t:~ ,'-'''' '::4; t..i l;; ::~
<",.. .\. ... ,
NAME OF DECEDENT (LAST) (FIRST) (MI)
,- t.):....IElr~UGt, 1 F?\! f\j L
::.:.' l
DATE OF PAYMENT
..... -' i t3 L~ ~:.' i:) .t
'. "
POSTMARK DATE
J (}() ;)(100 "
"
COUNTY '1; ~.. "II .:.:? E~ r,:~ (~ fl~
. .
c: U ;~1 P L: F"-{ ;_ p. hl D TOTAL AMOUNT PAID.-'
-. . "
DATE OF DEATH '".\r~
,', -
/ J. ,i E: (~~ <) I~> ( I' f? y/ " -
- (lZ(f1:/ " . ,'4
REMARKS j' HEL- [',.)(."1 E; T Af"i B{~UG~-l RECEIVED BY ~,JtJ!.,IA~qbr~
.
f": f~ r? ) t / '
,. ,-. .- .-" '.. ~ ,--' It ,-,,-.._,-, <;.:/. '1..... .'{
-. " r-,
COMMONWEALTH OF PENNSYLVANIA
DEPARTMENT OF REVENUE
BUREAU OF INDIVIDUAL TAXES
DEPT.280601
HARRISBURG. PA 17128-0601
,..1 ,LLt' 11' ',.' 1 68
SEAL
~. ~
,-~ ~
-
_._,.'_.~.,-.-, -. _._~ ---,--~--"'"'- -- '-
PENNSYLVANIA
INHERITANCE AND ESTATE TAX
OFFICIAL RECEIPT
No.AA 496738 REV-1162 EX (11-96)
~
t, ~.' b .i. :.-, T c. t'\ L)o/ ~,J ~ L. L
,/
._-(-rlh:fi,r1,~(,/
I '. i
:l~1lj_i~y
REGISTER OF WILLS
COMMONWEALTH OF PENNSYLVANIA
DEPARTMENT OF REVENUE
BUREAU OF INDIVIDUAL TAXES
DEPT. 280601
HARRISBURG, PA 17128-0601
REV-1162 EX(11-96)
RECEIVED FROM:
PENNSYLVANIA
INHERITANCE AND ESTATE TAX
OFFICIAL RECEIPT
ROBERT SAlOIS ESQUIRE
26 W HIGH STREET
CARLISLE, PA 1 7013
______n fold
ESTATE INFORMATION: SSN: 209-12-5469
FILE NUMBER: 21 - 2000- 0482
DECEDENT NAME: MASLAND KATHRYN ANN
DA TE OF PAYMENT: 07/03/2001
POSTMARK DATE: 07/02/2001
COUNTY: CUMBERLAND
DATE OF DEATH: OS/26/2000
NO. CD 000010
ACN
ASSESSMENT
CONTROL
NUMBER
AMOUNT
101 I $1,360.01
I
I
I
I
I
I
I
I
TOTAL AMOUNT PAID:
REMARKS: ROBERT SAlOIS ESQUIRE
CHECK# 1046
SEAL
INITIALS: AC
RECEIVED BY:
REGISTER OF WILLS
$1,360.01
MARY C. LEWIS
REGISTER OF WILLS
COMMONWEALTH OF PENNSYLVANIA
DEPARTMENT OF REVENUE
BUREAU OF INDIVIDUAL TAXES
DEPT. 280601
HARRISBURG, PA 17128-0601
REV-1162 EX(11-96)
RECEIVED FROM:
PENNSYLVANIA
INHERITANCE AND ESTATE TAX
OFFICIAL RECEIPT
AHRENS THOMAS J
5521 CARLISLE PIKE
MECHANICSBURG, PA 17050
_u_n__ fold
ESTATE INFORMATION: SSN: 196-14-4663
FILE NUMBER: 21-2001- 0482
DECEDENT NAME: STAMBAUGH IRVIN E
DA TE OF PAYMENT: 11/07/2001
POSTMARK DATE: 00/00/0000
COUNTY: CUMBERLAND
DATE OF DEATH: 09/18/2000
NO. CD 000497
ACN
ASSESSMENT
CONTROL
NUMBER
AMOUNT
101 I $89.32
I
I
I
I
I
I
I
I
TOTAL AMOUNT PAID:
REMARKS: THELMA STAMBAUGH
CHECK# 3263
SEAL
INITIALS: DO
RECEIVED BY:
$89.32
MARY C. LEWIS
REGISTER OF WILLS
REGISTER OF WILLS
COMMONWEALTH OF PENNSYLVANIA
DEPARTMENT OF REVENUE
BUREAU OF INDIVIDUAL TAXES
DEPT 280601
HARRISBURG, PA 17128-0601
REV-1162 EX(11-96)
RECEIVED FROM:
PENNSYLVANIA
INHERITANCE AND ESTATE TAX
OFFICIAL RECEIPT
AHRENS THOMAS J
5521 CARLISLE PIKE
MECHANICSBURG, PA 17050
______n lold
ESTATE INFORMATION: SSN: 196-14-4663
FILE NUMBER: 21 - 2001 - 0482
DECEDENT NAME: STAMBAUGH IRVIN E
DATE OF PAYMENT: 01/24/2002
POSTMARK DATE: 00/00/0000
COUNTY: CUMBERLAND
DATE OF DEATH: 09/18/2000
NO. CD 000788
ACN
ASSESSMENT
CONTROL
NUMBER
AMOUNT
101 I $3.13
I
I
I
I
I
I
I
I
TOTAL AMOUNT PAID:
REMARKS: AHRENS LAW OFFICE
CHECK#1004
SEAL
INITIALS: DO
RECEIVED BY:
REGISTER OF WILLS
$3.13
MARY C. LEWIS
REGISTER OF WILLS
l\
L/
REGISTEROF WILLS OF CUMBERLAND COUNTY
COMMONWEAL TH OF PENNSYL VANIA
IN RE: ESTATE OF IRVIN E.
STAMBAUGH, SR., alkla IRVIN
EDWARD STAMBAUGH, alkla
IRVIN E. STAMBAUGH
*
NO. 21-01-482
"
"
"
STATUS REPORT UNDER RULE 6.12
Name of Decedent:
Date of Death:
Will No.: 2001-00482
Irvin E. Stambaugh
September 18, 2000
Admin. No.: 21-01-0482
Pursuant to Rule 6.12 of the Supreme Court Orphans' Court Rules, I report the following with
respect to completion of the administration of the above-captioned estate:
1.
State whether administration of the estate is complete: Yes X
No
2. If the answer is No, state when the personal representative reasonably believes that the
administration will be complete:
3. If the answer to No.1 is Yes, state the following:
a. Did the personal representative file a final account with the Court?
Yes No X
b. The separate Orphans' Court No. (if any) for the personal representative's
account is:
c. Did the personal representative state an account informally to the parties in
interest? Yes X No
d.
Copies of receipts, releases, joinders and approvals of formal or informal
accounts may be filed with the Clerk of the Orphans' Court and may be attached
to this report.
-a/I-
Signature
Date:
3- 7-- 02-
1"tj
'"
Thomas 1. Ahrens. J.D.
Name (Please type or print)
5521 Carlisle Pike
Mechanicsburg. P A 17055
Address
N
P
J--
_~l~ S
.' ~ l/lt...
--' '..........
(717) 697-1800
Telephone No.
Capacity: _ Personal Representative
~ Counsel for personal
Representative
U :\Stambau gh. Est\StatusRpt.doc