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Home My WebLink About01-0556 Estate of also known as PETITION FOR PROBATE and GRANT OF LETTERS No. ~ - (') I - s-s-to To: E. FRANCIS HALL Register of Wills for the , Deceased. County of CUMBERLAND in the Social Security No. 184- 05- 0 5 4 5 Commonwealth of Pennsylvania The petition of the undersigned respectfully represents that: Your petitioner(s), who is/are 18 years of age or older an t~~~~clfNa5~ in the last will of the above decedent, dated October 5 r and codicil(s) dated Helen R. Hall. the appoj nted Execllt:rj x renounced. named , 19~ (state relevant circumstances, e.g. renunciation, death of executor, etc.) Decendent was domiciled at death in Cumberland County, Pennsylvania, with h id last family or principal residence at 81 Greenwood Circle Borouqh of Wormleysburq (list street, number and muncipality) Decendent,then 82 yearsofage,died January 12, 2001 M Holy Spj.rit Hospital 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 $ 20 , 000. 00 (If not domiciled in Pa.) Personal property in Pennsylvania $ (If not domiciled in Pa.) Personal property in County $ Value of real estate in Pennsylvania $ - 0- situated as follows: 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.t.a.; administration d.b.n.c.t.a.) theron. ~ '" "Ql" u <= '" "Cl~ .- '" "'~ "'... Qq:! -g.g cd";:: 3&: "''- 5 0 '" <:: bI) i:i3 Ek;:... c:r !~ )L Edwln F. Ha , 11 108 Aucott Road Brookhaven, PA 19105 OATH OF PERSONAL REPRESENTATIVE COMMONWEALTH OF PENNSYLVANIA 1-- ss COUNTY OF CUMBERLAND J 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 petitione*) will weUand t'"ltadminister the estate according to law. Sworn to or affirmed and subscribed {~ ~. It V) befor~ ;:.. ~ Edwin F. Hall, II i "1'""Y}~{!. JQ.lA- .f!. . ~.M.D ~ ' Register ~ 1<.0- ~3lo- \ No. 21-01-556 Estate of E. FRANCIS HALL , Deceased DECREE OF PROBATE AND GRANT OF LETTERS AND NOW JUNE 13th 200~ 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 October 5, 1999 described therein be admitted to probate and filed of record as the last will of E. Francis Hall and Letters Testamentarv are hereby granted to Edwin F. Hall, I I 'ff)(jhftJ. ~u~ L;J'h f'Li ~ O~ ., / Register of Wills FEES Probate, Letters, Etc. ......... $ 50.00 Short Certificates( ).......... $ R ., $ 5 00 E~Wfl~~&ES' '1'1"" .~~~... $~ TOTAL _ $ 93.00 Filed . :1.lI~~. .1) ~ . ?.o.Q ~ . . . . . . . . . . . . . . . . . . Edmund G. Myers, Esq. Johnson, Duffie, Stewart & Weidner ATTORNEY (Snp. Ct. I.D. No.) 301 Market St., P. O. Box 109 Lemnynp, p~ 17041-010Q ADDRESS (717) 761-4540 PHONE MAILED TO ATTORNEY JUNE 14, 2001 006945-00001/10.4.99/EGM/KL T/126763.1 02-/ - ~/- S-1-~ mast mill aub Wtstamtut OF E. FRANCIS HALL I, E. FRANCIS HALL, of the Borough of Wormleysburg, Cumberland County, Pennsylvania, being of sound and disposing mind, memory and understanding, do hereby make, publish and declare this as and for my Last Will and Testament, hereby revoking and making void any and all Wills or Codicils at any time heretofore made by me. ARTICLE I DEBTS I direct the payment of all my legal debts and the expenses of my last illness and funeral from my Estate as soon after my death as conveniently may be done. ARTICLE II TANGIBLE PERSONAL PROPERTY I give and bequeath my motor vehicle(s), household and personal effects and other tangible personalty of like nature (not including cash or securities), together with any existing insurance thereon, unto my wife, HELEN R. HALL, provided she survives me by thirty (30) days. In the event that my wife, HELEN R. HALL, is not living on the thirty-first (31st) day following my death, I give and bequeath the same unto my children who survive me to be divided among them by my Executor in as nearly equal shares as practical, any item as to which there is disagreement to be disposed of as part of the residue of my estate. 006945-00001/1 0.4.99/EGM/KL T/126763.1 ARTICLE III MARITAL DEDUCTION BEQUEST If my wife, HELEN R. HALL, survives me (and I direct that for purposes of this Article of my Will she shall be deemed to have survived me unless it appears unmistakably that she predeceased me), and if the federal estate tax due because of my death will be reduced by making this gift for her benefit, I give, devise and bequeath unto my wife, HELEN R. HALL, the least amount (based upon values as finally determined for federal estate tax purposes) as shall be needed for the federal estate tax unlimited marital deduction to reduce the federal estate tax to the lowest possible figure after full use of all other deductions and credits allowable in calculation the federal estate tax. However, the state death tax credit shall only be taken into account to the extent that it does not increase the amount of tax payable to any state. Accordingly, I direct that: A. If the marital deduction, or any other similar benefit, is allowable with respect to any property, including property held by entireties, which my wife, HELEN R. HALL, has received prior to my death or at my death will receive otherwise than pursuant to this Article III, the value of such property shall be taken into consideration in calculating the size of the gift under this Article III. B. No property ineligible for the marital deduction, or any similar benefits, shall be distributed to this gift for my wife, HELEN R. HALL, pursuant to this Article III. C. Either cash or investments or both may be allocated to any gift under this Article III. D. Any property allocated under this Article III in kind shall be valued at the value which it is finally included in my gross estate for federal estate tax purposes, provided that the aggregate market value thereof on the date of allocation (plus 2 006945-00001/1 0.4.99/EGM/KL T/126763.1 the value as finally determined for federal estate tax purposes of all other property qualifying for the marital deduction) is at least equal to the dollar value of the marital deduction as finally determined for federal estate tax purposes. E. If any provision of my Will shall result in depriving my estate of the marital deduction for federal estate tax purposes, such provision is hereby revoked and my Will shall be read as if any portion thereof inconsistent with allowances of the marital deduction for federal estate tax purposes is null and void. ARTICLE IV CREDIT BY PASS TRUST I give, devise and bequeath all the rest, residue and remainder of my estate of whatsoever nature and wheresoever situate, unto my TRUSTEE hereinafter named, IN TRUST, however to hold, manage, invest and reinvest the same for the following uses and purposes: A. To pay the net income therefrom at least as often as quarter-annually unto my wife, HELEN R. HALL, for and during her lifetime. B. As much of the principal of this Trust as my Trustee in its sole discretion may from time to time think advisable for my wife's health, maintenance, and support to maintain her in the station of life to which she is accustomed at my death, or during her illness or emergency, shall be either paid to her or else applied directly for her benefit by my Trustee after taking into account other assets and sources of income available to her. 3 006945-00001/1 0.4.99/EGM/KL T/126763.1 C. Trustee may apply the net income of this Trust for the support of my wife, HELEN R. HALL, should she by reason of age, illness or any other cause in the opinion of my Trustee be incapable of disbursing it. D. Upon the death of my wife, HELEN R. HALL, or at the time of my death should my wife, HELEN R. HALL, predecease me, I direct my Trustee to distribute the balance of the principal and undistributed income in equal shares unto my then-living issue, per stirpes. ARTICLE V FURTHER TRUST: BENEFICIARY UNDER 21 Should any person entitled to a share of my estate not have reached the age of twenty-one (21) years at the time for distribution to him or her, I devise and bequeath the share of each such person unto my TRUSTEE hereafter named, IN SEPARATE TRUST, to hold, manage, invest and reinvest the shares so received, and to use and apply the income and principal, or so much thereof, as in Trustee's discretion, may be necessary or appropriate for such beneficiary's support and education (including college education, graduate and under graduate and vocational training), without regard to his or her ability to provide for such support or education or to make payment for these purposes, without further responsibility, to such beneficiary or to any person taking care of such beneficiary. Trustee shall distribute one-third (113) of the then remaining principal and any income accumulated thereon unto such beneficiary when such beneficiary shall reach the age of twenty-one (21) years and shall thereafter pay the net income therefrom unto him or her. When such beneficiary attains the age of twenty-five (25) years, Trustee shall distribute one-half of then remaining principal and any income accumulated thereon and the balance of the principal and any income accumulated thereon when such beneficiary reaches the age of thirty (30), and the Trust as to that beneficiary shall terminate. In the event any beneficiary dies before receiving his or her final distribution hereunder, such beneficiary's trust shall terminate and the balance of principal and income shall be distributed to his or her personal representative. 4 006945-00001/10.4.99/EGM/KL T/126763.1 ARTICLE VI TERMINATION OF SMALL TRUSTS If at any time during the continuance of any Trust created hereunder, the Trustee, in its sole and absolute discretion, determines that the size of any individual Trust has become so small as to be impractical to continue to hold in Trust and uneconomical to continue to administer as a Trust, then in such circumstances, the Trustee may, without further authorization, distribute the balance of the principal and income in such Trust to the beneficiary then-entitled to the income therefrom, and upon such distribution, the Trustee shall be released from further obligation with respect to that Trust and shall not be subject to any claim from any person who may have had a future interest in such Trust had it been continued in Trust. ARTICLE VII SPENDTHRIFT PROVISIONS The interest of the beneficiaries hereunder or the beneficiaries of any Trust created herein shall not be subject to anticipation or to voluntary or involuntary alienation. ARTICLE VIII TAXES I direct that all death taxes shall be paid from my residuary estate passing under Article IV of this Will or, to the extent determined by my Personal Representative, by the Trustee from property (if any) distributed directly to the Trustee. In no event shall the payment thereof (i) reduce or otherwise affect the amount (if any) distributable under Article III except to the extent that property remaining in my gross estate after satisfaction or provision for satisfaction of all debts and expenses of administration, and all inter vivos and testamentary dispositions (other than under 5 006945-00001/1 0.4.99/EGM/KL T/126763.1 Article IV) of property included in such gross estate which do not qualify for the federal estate tax marital deduction, shall be insufficient to satisfy all death taxes in full and (ii) be made from any property which is not includible in my estate for the purposes of one or more of such death taxes and which would be so includible if used for such payment. For the purposes of this Article, death taxes shall mean (i) all federal estate taxes and all local, state and foreign, estate, inheritance, transfer, legacy, succession and similar taxes which by reason of my death may be properly imposed upon, applicable or payable with respect to any property or interest in property which may be included as a part of my Estate for the purposes of such taxes. ARTICLE IX DISCLAIMER If any person otherwise entitled to take hereunder (or such person's legal representative) files a written disclaimer, in whole or in part, with respect to any provision of this Will with my Executor or Trustee within the period allowed by Section 2518 of the Internal Revenue Code, such person (i) shall be treated as having predeceased me for purposes of holding or distributing the disclaimed share, and (ii) shall not participate in any decision to payor apply the income or principal of the disclaimed share to or for the benefit of any person hereunder, but such person shall not be treated as having predeceased me for purposes of holding, distributing or participating in any such decision under any provision to which the disclaimer does not extend. In the event my wife, HELEN R. HALL, files a written disclaimer, in whole or in part, with respect to any property or interest otherwise distributable pursuant to Article II or III hereof, such property or interest so disclaimed shall be distributed to my Trustee and shall be held in a separate Disclaimer Trust under terms and conditions identical to the Trust Under Article IV as applied to circumstances then existing; provided that my said wife, HELEN R. HALL, shall have no right to withdraw or power to appoint the principal of the Disclaimer Trust. 6 006945-00001/1 0.4.99/EGM/KL T/126763.1 ARTICLE X ELECTIONS - OPTIONS My Personal Representative shall have full power to exercise, in hers, his or its sole and absolute discretion, any elections provided by the Internal Revenue Code ("Code"), other statutes and regulations, state and federal, relating to the administration of my estate and the Trusts herein created, including but not limited to the following: A. To join my wife or her personal representative in the filing of a joint income tax return for period for which such a return may be permitted, without requiring her or her estate to indemnify my estate against liability for the tax attributable to her income, and to consent for federal gift purposes to having gifts made by my wife during my lifetime treated as having been made one-half by my wife and one-half by me. B. To make the election in Section 2056(b )(7) of the Code in respect to all qualified terminable interest property (or any specific portion thereof) includible in my gross estate to such extent as my Personal Representative shall deem to be in the best interests of my estate and beneficiaries thereof, and any determination made in good faith by my Personal Representative to make or not to make such election shall be binding and conclusive upon each person having any interest in my estate and shall not be subject to question or exception in any manner or proceeding whatsoever or by any person whomsoever. C. To make the allocation of the Generation Skipping Transfer Tax exemption allowed to an individual pursuant to Section 2631(a) of the Code in such manner as my Personal Representative shall deem to be in the best interests of my estate and beneficiaries thereof, any determination made in good faith by my Personal Representative with respect to such allocation shall be binding and conclusive upon 7 006945-00001/10.4.99/EGM/KL T/126763.1 each person having any interest in my estate and shall not be subject to question or exception in any manner or proceeding whatsoever or by any person whomsoever. D. To choose the alternate valuation date for federal estate tax purposes, without regard to whether the size of any marital deduction shall or will be increased or decreased thereby, without requiring reimbursement. ARTICLE XI POWERS - PERSONAL REPRESENTATIVE AND TRUSTEE My Personal Representative and Trustee shall have the following powers in addition to those vested in them by law and by other provisions of my Will applicable to all property, whether principal or income, including property held for minors, exercisable without court approval and effective until actual distribution of all property: A. To have full authority to deal with any business interest as freely as I might in my lifetime. B. To make distribution in cash or in kind, or partly in cash and partly in kind, and in such manner as they may determine. C. To retain any or all of the assets of my estate, real or personal, without restriction to investments authorized for Pennsylvania fiduciaries, as they deem proper, without regard to any principle of diversification or risk. D. To invest in all forms of property without restriction to investments authorized for Pennsylvania fiduciaries, as they deem proper, without regard to any principle of diversification or risk. 8 006945-00001/10.4.99/EGM/KL T/126763.1 E. To sell at public or private sale, to exchange, or to lease for any period of time any real or personal property and to give options for sales, exchanges or leases, for such prices and upon such terms or conditions as they deem proper. F. To allocate receipts and expenses to principal or income or partly to each as they from time to time think proper. G. To borrow from or to sell to my Trustee even though such Trustee may be my personal representative. H. To compromise any claim or controversy. 1. To carry any property in the name of a nominee, including a clearing corporation or depository or in book entry form or unregistered or in such other form as will pass by delivery; J. To vote shares of stock, in person or by proxy, in favor of or against management and shareholder proposals and to join in or dissent from and oppose the reorganization, recapitalization, consolidation, merger, liquidation, or sale of corporations or properties; K. To employ accountants, agents, attorneys, brokers, employees, investment counselors and other representatives (any of whom may but need not be a person, association or corporation acting as, or affiliated with a Fiduciary at the particular time) to perform any act of administration (whether or not discretionary), to act without independent investigation upon their recommendations and to determine and pay their compensation and expenses out of the Trust estate; 9 006945-00001/10.4.99/EGM/KL T/126763.1 L. To distribute, without the necessity of filing a judicial accounting or obtaining judicial approval, the whole or any part of the Trust estate upon the receipt and release of the beneficiary entitled to receive such distribution, in which event my Fiduciaries shall be relieved of all further liability with respect to the property so distributed with like effect as if such distribution had been made pursuant to an order of court; M. To permit any beneficiary to occupy any real property forming part of the Trust estate without rent or upon such other terms and conditions as the Trustee or my Executor shall determine. ARTICLE XII TRUSTEE I name, constitute and appoint PNC BANK, N.A., Camp Hill, Pennsylvania and my son, EDWIN F. HALL, II, Co-Trustees of any Trust created by me in this my Last Will. If my son, EDWIN F. HALL, II, fails to qualify or ceases to so act, I direct that no individual need be named as successor Co-Trustee. ARTICLE XIII PERSONAL REPRESENTATIVE I name, constitute and appoint my wife, HELEN R. HALL, Executrix of this my last Will and Testament. If my wife, HELEN R. HALL, fails to qualify or ceases to so act, I name, constitute and appoint my son, EDWIN F. HALL, II, Alternate Executor to complete the administration of my Estate, and if my son, EDWIN F. HALL, II, fails to qualify for ceases to so act, I name, constitute and appoint PNC BANK, N.A., Alternate Executor to complete the administration of my Estate. No fiduciary acting hereunder shall be required to post bond or enter security in any jurisdiction for the faithful performance of the duties required therein, but if a bond is nevertheless required, it shall be without surety. If ancillary administration is necessary in any 10 006945-00001/1 0.4.99/EGM/KL T/126763.1 other state, I authorize my Executrix, or successor, to so act in such state without the necessity of posting bond. IN WITNESS WHEREOF, I have hereunto set my hand and seal to this, my Last Will and Testament, this~day of D~ ,1999. ~:~~ifAL~SEAL) Signed, sealed, published and declared by the above-named Testator, as and for his Last Will and Testament, in the presence of us, who at his request, in his presence and in the presence of each other, have hereunto subscribed our names as witnesses. w~tP'r- ~~ 11 006945-00001/10.4.99/EGM/KL T/126763.1 ACKNOWLEDGMENT AND AFFIDAVIT COMMONWEALTH OF PENNSYLVANIA SS COUNTY OF CUMBERLAND We, E. FRANCIS HALL, ~ ~~ ~~d'~~ the Testator and the witnesses, respectively, whose names are signed to the attache instrument, being first duly sworn, do hereby declare to the undersigned authority that the Testator signed and executed the instrument as his Last Will and that he had signed willingly and that he executed it as his free and voluntary act for the purposes therein expressed, and that each of the witnesses, in the presence and hearing of the Testator, signed the Will as witness and that to the best of his/her knowledge the Testator was at that time eighteen years of age or older, of sound mind and under no constraint or undue influence. tj'/" ~ &;/ . -./ g~<<~~ -~ -./ E.'F NCIS HALL ~~ w~~ a f Subscribed, sworn to and acknowledged before me by E. FRANCIS HALL, Testator, and "t~ ~- ~~ and~'~~ ~';...~L witnesses, this -S'"'~ay of ~ , 1999. ~ ~ """ ^ (l. Notary Public ~.~ 12 NOTARIAL SEAL DIANNE LENIG, Notary Public Lemoyne Borough Cumberland Co. My Commission Expires Dec. 21, 2001 21-01-556 RENUNCIATION In Re Estate of E. FRANCIS HALL deceased. To the Register of Wills of Cumberland County, Pennsylvania. The undersigned appointed Executrix & surviving spouse of the above decedent, hereby renounce(s) the right to administer the estate and respectfully ask(s) that Letters Testamentary be issued to Edwin F. Hall, II WITNESS my hand this I Z!!! day of ~ v . 200). Sworn to and Subscribed before me this day of , 2001. ~~~ ~,~cD- (Signature) Helen R. Hall 81 Greenwood Circle Wormleysburg, FA l704J (Ac;ldress) (Signature) . (Address) (Signature) (Address) ,.- \:- --- CERTIFICATION OF NOTICE UNDER RULE 5.6(a) Name of Decedent: E. Francis Hall Date of Death: January 12, 2001 Will No.: 2001-00556 Admin. No.: To the Register: I certify that notice of beneficial interest 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 9/~'/()/ , . Name Address 81 Greenwood Circle Wormleysburg, PA 17043 208 Aucott Road Brookhaven, PA 19015 1273 Myers Road Indiana, PA 15701 Helen R. Hall Mr. Edwin F. Hall, II Mrs. Linda Blacksmith Notice has now been given to all persons entitled thereto under Rule 5.6(a) except None. Date: r,; 01 ~g~ Signature Name Edmund G. Myers, Esq. Johnson, Duffie, Stewart & Weidner Address 301 Market St. P. O. Box 109 Lemoyne, PA 17043-0109 Telephone (717) 761-4540 Capacity: X Personal Representative X Counsel for personal representative REV.'500EX{6.00J COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF REVENUE DEPT. 280601 HARRISBURG, PA 17128-0601 Ib023b-Y REV-1500 OFr-!C~.r\L P:,'~:E ,C)~,\.j1_Y w ..., ~~IJ) ,,"'''' w"" ",00 ,,"'''' ..Ill .. " INHERITANCE TAX RETURN RESIDENT DECEDENT FILE NUMBER 2 I 0 I 0 0 5 5 6 COUNTY CODE YEAR NUMBER I- Z W C W (.) W C DECEDENT'S NAME (LAST, FIRST, AND MIDDLE INITIAL) HALL, E. FRANCIS DATE OF DEATH (MM-DD-YEAR) DATE OF BIRTH (MM-DD-YEAR) Januar 12, 2001 February 8, 1918 (IF APPLICABLE) SURVIVING SPOUSE'S NAME (LAST, FIRST, AND MIDDLE INITIAL) Helen R. Hall -1112 SOCIAL SECURITY NUMBER 184 - 05 0545 THIS RETURN MUST BE FILED IN DUPLICATE WITH THE REGISTER OF WILLS SOCIAL SECURITY NUMBER [E] 1. Original Return o 4. Limited Estate [!] 6. Decedent Died Testate (Attach copy of Will) o 9. LitigaUon Proceeds Received o 2. Supplemental Return o 4a. Future Interest Compromise (dale ofdealh altar 12.12-82) o 7. Decedent Maintained a Living Trust (Attach copy ofTrusl) D 10. Spousal Poverty Credit (dale of dealh betmeo 12.31.91 and 1-1-95) o 3. Remainder Return (dale of dealh prior to 12-13-82) ~ 5. Federal Estate Tax Return Required 8. Total Number of Safe Deposrl Boxes o 11. Election to tax under Sec. 9113(A) (AttachSch 0) ..., z w o z o .. U) w '" '" o " 'tHIS SIECTf tj'M,J;!S'l' BI;, COMPL,ETED..ALL CORRESPONQENCE AND CONFIDENTIAL TAX INFOR,NI>l\JION SHOClLD BE OIRECTED. Td: NAME Edmund G. Myers, E COMPLETE MAILING ADDRESS sq. 301 Market St. P. O. Box 109 Lemoyne, PA 17043-0109 FIRM NAME (lfApplicable) Johnson, TELEPHONE NUMBER Duffie, Stewart & Weidner (717) 76104540 z o ~ ::l l- ii: <( (.) W D:: 1. Real Estate (Schedule A) 2. Stocks and Bonds (Schedule B) 3. Closely Held Corporation, Partnership or Sole-Proprietorship 4. Mortgages & Notes Receivable (Schedule D) 5. Cash, Bank Deposits & Miscellaneous Personal Property (Schedule E) 6. Jointly Owned Property (Schedule F) o Separate Billing Requested 7. Inter-Vivos Transfers & Miscellaneous Non-Probate Property (Schedule G or L) 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 (total Lines 9 & 10) 12. Net Value of Estate (Une 8 minus Une 11) 13. Cllaritable and Governmental BequestsfSec 9113 Trusts for which an election to tax has not been made (Schedule J) f 0''''''"'' 0'" -I (1) (2) (3) (4) (5) 13,345.50 397,019.80 (6) (7) 355,974.81 (B) 766,340.11 (9) (10) 12,022.81 526.90 14. Net Value Subject to Tax (Line 12 minus Line 13) (11) 12,549.71 (12) 751.7QO.40 (13) -0- (14) 753,790.40 x.O~ (15) -0- x.O_ (16) -O- x .12 (17) O- x .15 (18) -0 (19) 0- SEE INSTRUCTIONS ON REVERSE SIDE FOR APPLICABLE RATES z o !;: I-' ::l a.. :!! o (.) ~ 15. Amount of Line 14 taxable at the spousal tax rate, or transfers under Sec. 9116 (a)(1.2) 753,790.40 16. Amount of Line 14 taxable at lineal rate 17. Amount of Line 14 taxable at sibling rate 18. Amount of Line 14 taxable at coilateral rate 19. Tax Due 20.0 CHECK HERE tF YOU ARE REQUESTING A REFUND OF AN OVERPAYMENT > ,; BE SURE TO ANSWER ALL QUESTl' NS oN" REVERSE SIDE AN'O RECHECK MATH'< <' Decedent's Complete Address: STREET ADDRESS 81 Greenwood Circle . CITY Wormleysburg I STATE PA I ZIP 17043 Tax Payments and Credits: 1. Tax Due (Page 1 Line 19) 2. Credits/Payments A. Spousal Poverty Credit B. Pnor Payments C. Discount (1) -0- Total Credits (A + B + C ) (2) -0- 3. InteresVPenalty if applicable D. Interest E. Penalty TotallnteresVPenalty ( D + E ) (3) 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 (4) A. Enter the interest on the tax due. (5) (SA) -0- 5. If Line 1 + Line 3 is greater than Line 2, enter the difference. This is the TAX DUE. B. Enter the total of Line 5 + SA. This is the BALANCE DUE. (5B) - 0- Make Check Payable to: REGISTER OF WILLS, AGENT C:]I~1~~~1t~~~~il:~~,IDtl1~j1!I~Bil~m~;r~~1f~~Ilmi~_~if~it~lB~&"[I 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 IXI b. retain the right to designate who shall use the property transferred or its income; ............................................ 0 IXI c. retain a reversionary interest; or.......................................................................................................................... 0 lli] d. receive the promise for life of either payments, benefits or care? ...................................................................... 0 lli] 2. If death occurred after December 12, 1962, did decedent transfer property within one year of death without receiving adequate consideration? ................................,,,............................,,,............................".............. D 3. Did decedent own an "in trust fo~ or payable upon death bank account or secunty at his or her death? .............. 0 4. Did decedent own an Individual Retirement Account, annuity, or other non-probate property which contains a beneficiary designation? ........................................................................................................................ [1iI lli] !Xl o IF THE ANSWER TO ANY OF THE ABOVE QUESTIONS IS YES, YOU MUST COMPLETE SCHEDULE G AND FILE IT AS PART OF THE RETURN. Under penalties of perjury, I declare that I have examined this return, including accompanying schedules and statements, and to the best of my knowledge and belief, it Is true, correct and complete. Declaration of preparer other than the personal representative is based on all information of which preparer has any knowledge. SIGNATUREOF~~~ET~ ADDRESS wJ..n. HaLL, 11, J;xecutor 208 Aucott Road, Brookhaven, PA 19105 SIGNATURE OF PRE RE THER THAN REPRESENTATIVE DATE #I IO-Il-0~ DATE /J-/t-u/ ADDRESS Edmund G. Myers, Esq. 301 Market st., P. O. Box 109, Lemoyne, PA 17043-0109 .-",i.Tj"Rl~;:~?;j~JWfKmJJ1!i~~~~1171~1~f;~1jE!~tfui~t1NtRl~!i}:lli~lffiit1~:f~~ll:~~~~~~~;~"i~~-m~m&~E,~1~1l For dates of death on or after July 1, 1994 and before January 1, 1995, the tax rate imposed on the net value oftransfers to or for the use of the surviving spouse is 3% [72 P.S. 99116 (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. 99116 (a) (1.1) (Ii)]. 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. 99116(a)(1.2)]. The tax rate imposed on the net value of transfers to or for the use of the decedent's lineal beneficianes is 4.5%, except as noted in 72 P.S. 99116(1.2) [72 P.S. 99116(a)(I)]. The tax rate imposed on the net value of transfers to or for the use of the decedent's siblings is 12% [72 P.S. 99116(a)(1.3)]. A sibling is defined, under Section 9102, as an individuai who has at least one parent in common with the decedent, whether by blood or adoption. ~'~M~. .cOMMONWEALTH OF PENNSYLVANIA INHERITANCE TAX RETURN RESIDENT DECEDENT SCHEDULE B STOCKS & BONDS ESTATE OF HALL, E. FRANCIS FILE NUMBER 21-01-00556 All property Jolntly-owned with rtght of survivorship must be disclosed on Schedule F. ITEM NUMBER 1. DESCRIPTION VALUE AT DATE OF DEATH 434 Shares - First Union Corporation Common Stock @ $30.75 per share 13,345.50 . . TOTAL (Also enter on line 2, Recapitulation) $ 1 3 , 3 4 5 . 5 0 (If more space is needed, insert additional sheets of the same size) ~'\OO'~~["". COMMONWEALTH OF PENNSYLVANIA INHERITANCE TAX RETURN RESIDENT DECEDENT SCHEDULE E CASH, BANK DEPOSITS, & MISC. PERSONAL PROPERTY ESTATE OF HALL, E. FRANCIS FILE NUMBER 21-01-00556 Include the proceeds of litigation and the date the proceeds were received by the estate. All property jolntfy-owned with the right of sUNivorship must be disclosed on Schedule F. ITEM NUMBER 1. 2 . 3. 4. 5. 6. DESCRIPTION VALUE AT DATE OF DEATH Travelers' Checks AXP High Yield Tax-Exempt Fund Class A Account No. 0181 5030 5720 8 002 AXP Cash Management Fund Class A Account No. 0121 3030 5720 6 002 100.00 316,322.96 36,613.05 AXP Selective Fund Class A Account No. 0150 5030 5720 3 002 l,943.51 American Express Brokerage Account - Strategic Portfolio Service Advantage Account No. 1687 8373 6 021 22,150.28 19,890.00 2000 Mercury Grand Marquis - date of death value . TOTAL (Also enter on line 5, Recapitulation) $ 397, 019 . 80 (If more space is needed, insert additional sheets of the same size) REV,""""'''''. GQMMONWEAL TH OF PENNSYLVANIA INHERITANCE TAX RETURN RESIDENT DECEDENT SCHEDULE G INTER.VIVOS TRANSFERS & MISC. NON.PROBATE PROPERTY HALL, E. FRANCIS FILE NUMBER 21-01-00556 ESTATE OF This schedule must be completed and filed jf the answer to any of questions 1 through 4 on the reverse side of the REV-1500 COVER SHEET is yes. DESCRIPTION OF PROPERTY 'OOF ITEM INClUOETHEIWAEOFTHl:TAANSFEREE.THElRREl.ATIOHSHlPTODECEDEtITANDTHEOATEOFTRANSFtR. OA TE OF DEATH DECO'S EXCLUSION TAXABLE VALUE ATTACH A COPY OF THE DEED FOR REALESTATE. VALUE OF ASSET INTEREST IIFAPPLICAl!LEI NUMBER 1. American Express - Individual Retirement Accounts Beneficiary: Helen R. Hall, Wife Acct. No. 01070305720 7 002 76,969.98 76,969.98 Acct. No. 01120305720 0 002 42,710.22 42,710.22 Acct. No. 01126456038 1 002 16,044.65 16,044.65 Acct. No. 01250305720 5 002 61,023.28 61,023.28 Acct. No. 16050305720 2 002 144,958.87 144,958.87 2. Career Distributors Retirement Plan - Acct. No. Beneficiary: Helen R. Hall, Wife 14,267.81 14,267.81 TOTAL (Also enteron line 7, Recapitulation) $ 355,974.81 (If more space is needed, insert additional sheets of the same size) AEV-1511 EX+ (12-99) . ~k COMMONWEALTH OF PENNSYLVANIA INHERITANCE TAX RETURN RESIDENT DECEDENT SCHEDULE H FUNERAL EXPENSES & ADMINISTRATIVE COSTS HALL, E. FRANCIS FILE NUMBER 21-01-00556 ESTATE OF ITEM NUMBER DESCRIPTION AMOUNT A. FUNERAL EXPENSES: 1. Myers-Harner Funeral Horne, Inc. 7,293.00 2. Kenyon Memorials - marker inscription 85.00 3. Fairview Cemetery - burial charges 250.00 4. presbyterian Woman - funeral brunch 400.00 5. Dave Albert - funeral service 50.00 B. ADMINISTRATIVE COSTS: 1. Personal Representative's Commissions Name of Personal Representative(s) Social Security Number(s)/EIN Number of Personal Represenlative(s) Street Address City State _ Zip Year(s} Commission Paid: 2. Attorney Fees 3. Family Exemption: {If decedent's address is nol the same as claimant's, attach explanation} Claimant Helen R. Hall Street Address 81 Greenwood Circle 3,500.00 City Wormleysburg Slate ~Zip 17043 Relationship of Claimant to Decedent Wife 4. Probate Fees - Register of wills - Cumberland County 93.00 5. Accountant's Fees 5. Tax Return Preparer's Fees 7. Cumberland Law Journal - advertise letters 75.00 8. The Patriot-News - advertise letters 96.81 9. Chuck Bricker - household goods appraisal 80.00 10. Register of Wills - file Inv. & Inh. Tax Return 25.00 11. Reserve for close-out costs 75.00 TOTAL (Also enter on line 9, Recapituiation) $ 12,022.81 Debts of decedent must be reported on Schedule 1. (If more space is needed, insert additional sheets of the same size) REV.1512EX'(1'9l)*~.~,. .' ."'~ :i~" . . ~ .:e COMMmJWEALTH OF PENNSYLVNlIA INHERITANCE TAX RETURN RESIDENT DECEDENT ESTATE OF SCHEDULE I DEBTS OF DECEDENT, MORTGAGE LIABILITIES & LIENS . HALL, E. FRANCIS FILE NUMBER 21-01-00556 Include unreimbursed medical expenses. ITEM NUMBER DESCRIPTION AMOUNT 1. 2. Moffitt, Pease & Lim Assocs. - account balance not covered by insurance Susquehanna Internal Medicine - account balance not covered by insurance Holy Spirit Hospital - account balance not covered by insurance 56.04 211. 89 3. 177.11 4. West Shore Emergency - account balance not covered by insurance 81.86 TOTAL (Also enter on line 10, Recapitulation) $ (If more space is needed. insert additional sheets of the same size) 526.90 Rev,,,,,,,,,,,,,,. COMMONWEALTH OF PENNSYLVANIA INHERITANCE TAX RETURN RESIDENT DECEDENT SCHEDULE J BENEFICIARIES ESTATE OF FILE NUMBER 21-01-00556 ENTER DOLLAR AMOUNTS FOR DISTRIBUTIONS SHOWN ABOVE ON LINES 15 THROUGH 17, AS APPROPRIATE, ON REV 1500 COVER SHEET NON-TAXABLE DISTRIBUTIONS: A. SPOUSAL DISTRIBUTIONS UNDER SECTION 9113 FOR WHICH AN ELECTION TO TAX IS NOT BEING MADE Credit By Pass Trust under Article IV of the Will. Life Incane Beneficiary: Helen R. HalL surviving spouse Remainder Beneficiaries: Edwin F. Hall, II - Son 208 Aucott Rd., Brookhaven, PA 19015 Linda Blacksmith - Daughter 1271 Myers Road, Indiana, PA 15701 HALL, E. FRANCIS NUMBER I. NAME AND ADDRESS OF PERSON(S) RECEIVING PROPERTY TAXABLE DISTRIBUTIONS (include outright spousal distributions) RELATIONSHIP TO DECEDENT Do Not List Trustee(s) 1. Helen R. Hall 81 Greenwood Circle Wormleysburg, PA 17043 Wife II. 1. . B. CHARITABLE AND GOVERNMENTAL DISTRIBUTIONS 1. AMOUNT OR SHARE OF ESTATE Automobile 390,375.30 TOTAL OF PART n. ENTER TOTAL NON-TAXABLE DISTRIBUTIONS ON LINE 13 OF REV 1500 COVER SHEET $ 390 , 375 . 30 (If more space is needed, insert additional sheets of the same size) REV-1649 EX+ (8/95) * SCHEDULE 0 TRANSFERS TO SURvnnNG SPOUSE COMMONWEAL.'IH OF PEl'INSYLV~ INHE1lTAl'.Ic:ETAXIlEnlR.'" itESIDENT DECEDENt' HALL, E. FRANCIS FUeNumber 21-01-00556 ESTATE OF PART A: Enter the description and value of all interests, both taxable and non-taXable, regardless oflocation. (net of deductions) which pass to the decedmt's surviving spouse by will intestacy, operation of law, or othtrwisc. Descri lion of items Amount 1 Part A Total: Enter the amount shown on the recapitulation sheet in the Decedent Information Section. Election To Subject Property To Tax Under Section 2113(A) As A Taxable Transfer By Tbis Decedent. If a trust or similar arrangement meets the requirements of Section 2113(A), and: a. The tnJst or similar arrangement is listed on Schedule 0, and b. The value of the trust or similar arrangcmmt is entered in whole or in part as an asset on Schedule O. then the transferor's personall"q)resentativc may specifically identify the trust (all or a fractional portion or percentage) to be included in the election to have such trust or similar property treated as a taxable transfer in this estate. If less than the entire value of the trust or similar property is included as a taxable transfer on Schedule 0, the personal representative shall be considered to have made the election only as to a fraction of the trust or similar ~gement. The numerator of this fraction is cquaI to the amount of the trust or similar arrangement included as a taxable asset on Schedule O. The denominator is equal to the total value of the trust or similar arnngcmenL ELECTION: Do YOQ elect under Section 2t13(A) to trrat .. a tanble transfer In this estate aU or a portion oh trust or similar arran::ement cnated for the sole U1.e ofthiJ decedentt, ,urvlvinC 'PO~~ ~ufvlJFA spouse's entire lifetime? YES D NO ~ SIl:".tur.~LrD.t< Itvll-<J I Note: If the election appUes to more than one hust or similar arraneement. then a separate ronn must be 'Imed and 6.led. Part B: Enter the description and value of all interests, both taxable and non-taxable, regardless oflOC3tion. (net of deductions) which pass to the decedent's surviving spouse for which a Section 2113 (A) election is being made. Description of items Amount 1 PartBTotal 'COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND } * ss: Edwin F. Hall, II being duly sworn according to law, deposes and says that he is Executor of the Estate of E. FRANCIS HALL late of Wormleysburg Borough Cumberland County, Pa., deceased and thllt the within is an inventory made by Edwin F. Hall, I I _ 1 the ~aid Executor of the e~tire estate of said decedent, consisting of all the personal prop~rty and real estate, except real estate outside the Commonwealth of Pennsylvania, and that the figures opposite each item of the Inventory represent it's fair value as of the date of decedent's death. . j--- ..........'\. ~' /1 / 2 tJo / ~ ~-+L20 7r ExeclItor . Aa'minisfrllfor Edwin F. Hall, II Sworn to 1m ' cL:c >--e,i/ and subscribed before me, ~ 208 Aucott Road Brookhaven,PA 19105 Address DIANNE LENIG, Notary Public Lemoyne Borough Cumberland Co. My Commission Expires Dec. 21. 2001 Date of Death 12th D.sy January Month 2001 rUt INSTRUCTIONS I. An inventory must be filed within three months after appointment of personal representative. 2. A supplement inventory must be filed within thirty days of dis<;overy of additional assets. 3. Additional sheets may be, attached as to personalty or realty 4. See Article IY, Fiduciaries Act of 1949. CV) '<t' 0 ['-. r-l ..c: 01 .:r: ::J 0., 0 H . \0 0 Q) >- -c If"l o:l ell C If"l J-o W .... :>t 0 ~ 0:: I- III W ;S 01 lU 0 I c.. H u 0 E r-l 0 tn .....:l ::J ell, 0 C tn Ul ;)00 Q) 0 w 0:: w .....:l .0 III H ~ .....:l I I- J: c... .:r: Ul c... Q) I- ..J U. .. r-l Z < 0 ::r:: :>t III :>t, o , N U. ...J Q) c.. ::a: :t:0'\ w 0 < w >. > 0:: CJ) r-i <.0 Z H E .... . ' r-l 'z 0 c 0 U H ::I c..9 0 tn Z Z 0 0 X a::: 0 Z w < .:r: ~ - '0 0 c.. 0:; -c C' o:l Ii., c ::J III - ;: E . 0 ell '0 0 ~ ...Q -c -IoC ~ Q) E 0 ..... lD III ::I 0 0., ...J 0 u: CJ lnventory of the real and personal estate of E. FRANCIS HALL deceased 1. 2000 Mercury Grand Marquis - date of death value 2. AXP High Yield Tax-Exempt Fund Class A Account No. 0181 5030 5720 8 002 19,890 00 316,322 96 3. AXP Cash Management Fund Class A Account No. 0121 3030 5720 6 002 36,613 05 4. AXP Selective Fund Class A Account No. 0150 5030 5720 3 002 1, 943 51 5. American Express Brokerage Account - strategic portfolio Service Advantage Account No. 1687 8373 6 021 22,150 28 6. 434 Shares - First Union Corporation Carmon Stock @ $30.75 p/share 13,345 50 7. Travelers' Checks - date of death value 100 00 TOTAL 410,365 30 006300-00002/10.3.01/EGM/MAM/118404.1 IN RE: ESTATE OF E. FRANCIS HALL LATE OF WORMLEYSBURG BOROUGH, CUMBERLAND COUNTY, PENNSYL VANIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY ORPHANS' COURT DIVISION NO. 2001-00556 PA NO. 21-01-0556 DISCLAIMER I, Helen R. Hall, hereby exercise the rights granted to me in Chapter 62 of the Probate, Estates and Fiduciaries Code, 20 Pa. C.S.A. 99 6201-6207, and I hereby disclaim all my right, title and interest in the assets described in Exhibit A attached hereto which pass to me by operation of law as a result of the death of my spouse, E. Francis Hall. IN WITNESS WHEREOF, and intending to be legally bound, and intending that this Disclaimer shall be filed with the Clerk of the Orphans' Court Division of the Court of Common Pleas of Cumberland County, Pennsylvania, as provided in 20 Pa. C.S.A. 96204 (a), I hereunto set my hand and seal this ~ day of (J4.. ,2001. Signed, Sealed and Delivered in the Presence of: ~ ~,R.~ Helen R. Hall 006300-00002/10.3.01/EGM/MAM/118404.1 - .. IN RE: ESTATE OF E. FRANCIS HALL LATE OF WORMLEYSBURG BOROUGH, CUMBERLAND COUNTY, PENNSYL VANIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY ORPHANS' COURT DIVISION NO. 2001-00556 PA NO. 21-01-0556 EXHIBIT A TO DISCLAIMER OF HELEN R. HALL All my right, title and interest as surviving joint tenant of the following assets: Mutual Funds: Value of Disclaimed Interest 1. AXP High Yield Tax-Exempt Fund Class A Account Number: 0181 5030 5720 8 002 $ 316,322.96 2. AXP Cash Management Fund Class A Account Number: 0121303057206002 36,613.05 3. AXP Selective Fund Class A Account Number: 0150503057203002 1,943.51 American Express Brokerage Account Strategic Portfolio Service Advantage Account Number: 1687 8373 6 021 22,150.28 868 Shares - First Union Corporation Common Stock 13.345.50 Total $ 390,375.30 /~ ~;;3~- 4.j COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF REVENUE NOTICE OF DETERMINATION AND ASSESSMENT OF PENNSYLVANIA ESTATE TAX BASED ON FEDERAL ESTATE TAX RETURN 0* BUREAU OF INDIVIDUAL TAXES INHERITANCE TAX DIVISION DEPT. 280601 HARRISBURG, PA 17128-0601 Hee\.' DATE 02-11-2002 he ESTATE OF HAll E F DATE OF DEATH 01-12-2001 FILE NUMBER 21 01-0556 '02 FEB 13 :47 COUNTY CUMBERLAND EDMUND G MYERS ESQ ACN 201 JOHNSON ETAL i Allount Rellitted PO BOX 109 C:S, LEMOYNE PA :0101!Jl).~ MAKE CHECK PAYABLE AND REMIT PAYMENT TO: REY-483 EX AFP <12-001 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 FILES ~ RE;;:483--EX-~FP-(-i2:-00)-----.iI-NoiffcE--oF--DETERiMIN~fIo-N-AN-D-AS!;ESSiiENT----------------------------- OF PENNSYLVANIA ESTATE TAX BASED ON FEDERAL ESTATE TAX RETURN .. ESTATE OF HAll E F FILE NO.21 01-0556 ESTATE TAX DETERMINATION ACN 201 DATE 02-11-2002 1. Credit For State Death Taxes as Verified 2. PennsYlvania Inheritance Tax Assessed (Excluding Discount and/or Interest) .00 .00 3. Inheritance Tax Assessed by Other States or Territories of the United States (Excluding Discount and/or Interest) .00 4. Total Inheritance Tax Assessed 5. Pennsylvania Estate Tax Due .00 TAX CREDITS: .00 PAYMENT RECEIPT DISCOUNT (+) AMOUNT PAID DATE NUMBER INTEREST/PEN PAID (-) TOTAL TAX CREDIT .00 BALANCE OF TAX DUE .00 INTEREST AND PEN. .00 TOTAL DUE .00 -IF PAID AFTER THIS DATE, SEE REVERSE SIDE (IF TOTAL DUE IS LESS THAN $1, NO PAYMENT IS REQUIRED FOR CALCULATION OF ADDITIONAL INTEREST. IF TOTAL DUE IS REFLECTED AS A "CREDIT" (CR), YOU MAY BE DUE A REFUND. SEE REVERSE SIDE OF THIS FORM FOR INSTRUCTIONS.) PURPOSE OF NOTICE: To fulfill the requirements of Section 2140 (b) of the Inheritance and Estate Tax Act, Act 23 of 2000. (12 P.S. Section 9140). PAVMENT: Detach the top portion of this Notice and submit with your payment to the Register of Wills printed on the reverse side. __ Make check or MOney order payable to: REGISTER OF KILLS. AGENT. REFUND (CR): A refund of a tax credit may be requested bY completing an "Application for Refund of Pennsylvania Inheritance and Estate Tax" (REV-1313). Applications are available at the Office of the Register of Wills, any of the 23 Revenue District Offices or from the Department's 24-hour answering service for forms ordering: 1-800-362-2050; services for taxpayers with special hearing and I or speaking needs: 1-800-441-3020 (TT only). OBJECTIONS: Any party in interest not satisfied with the assessment of tax as shown on this notice may object within sixty (60) days of receipt of this Notice by: --written protest to the PA Department of Revenue, Board of Appeals, Dept. 281021, Harrisburg, PA 11128-1021, OR --electing to have the matter determined at audit of the personal representative, OR --appeal to the Orphans' Court. ADMIN- ISTRATIVE CORRECTIONS: Factual errors discovered on this assessment should be addressed in writing to: PA Department of Revenue, Bureau of Individual Taxes, ATTN: Post Assessment Review Unit, Dept. 280601, Harrisburg, PA 11128-0601, Phone (111) 181-6505. See page 5 of the booklet "Instructions for Inheritance Tax Return for a Resident Decedent" (REV-1501) for an explanation of administratively correctable errors. PENALTV: The 1570 tax amnesty non-participation penalty is computed on the total of the tax and interest assessed, and not paid before January 18, 1996, the first day after the end of the tax amnesty period. This non-participation penalty is appealable in the same manner and in the the same time period as you would appeal the tax and interest that has been assessed as indicated on this notice. For dates of death on or after 10-3-91, Pennsylvania Estate Tax based on the Federal Estate Tax return becomes delinquent at the expiration of nine (09) months from the date of death. INTEREST: For dates of death prior to 10-3-91, Pennsylvania Estate Tax based on the Federal Estate Tax return becomes delinquent at the expiration of eighteen (18) months from the date of death. Taxes which became delinquent before January 1, 1982 bear interest at the rate of six (670) percent per annum calculated at a daily rate of .000164. All taxes which became delinquent on or after January 1, 1982 will bear interest at a rate which will vary from calendar year to calendar year with that rate announced by the PA Department of Revenue. The applicable interest rates for 1982 through 2002 are: Vear Interest Rate DailY Interest Factor Vear Interest Rate Daily Interest Factor 1982 2070 .000548 1992 970 .000241 1983 1670 .000438 1993-1994 17. .000192 1984 1170 .000301 1995-1998 970 .000241 1985 1370 .000356 1999 17. .000192 1986 1070 .000214 2000 870 .000219 1981 970 .000241 2001 970 .000241 1988-1991 1170 .000301 2002 670 .000164 --Interest is calculated as follows: INTEREST = BALANCE OF TAX UNPAID X NUKBER OF DAYS DELINQUENT X DAILY INTEREST FACTOR --Any Notice issued after the tax becomes delinquent will reflect an interest calculation to fifteen (15) days beyond the date of the assessment. If payment is made after the interest computation date shown on the Notice, additional interest must be calculated. , ~ J/- -<-;)01., -y BUREAU OF INDIVIDUAL TAXES INHERITANCE TAX DIVISION DEPT. 280601 HARRISBURG, PA 17128-0601 COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF REVENUE NOTICE OF INHERITANCE TAX APPRAISEMENT, ALLOWANCE OR DISALLOWANCE OF DEDUCTIONS AND ASSESSMENT OF TAX Reu;; R0' DATE ESTATE OF DATE OF DEATH FILE NUMBER COUNTY ACN 02-11-2002 HALL 01-12-2001 21 01-0556 CUMBERLAND 101 If EDMUND G MYERS JOHNSON ETAL PO BOX 109 LEMOYNE '02 i\ 3 :L1 B FEG 19 ESQ '* REV-1547 EX AFP (12-001 E F GE:jf PA I1l.4131L 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 ~ REV = iS47-EX--AFP--fi'2-:o0Y-NOYicE--OF-iNHEififA;fcrTAx-it-PPRit-isEi'-iNT~--A[rOWAi"-CE-[fR-------------- _ __ DISALLOWANCE OF DEDUCTIONS AND ASSESSMENT OF TAX ESTATE OF HALL E F FILE NO. 21 01-0556 ACN 101 DATE 02-11-2002 TAX RETURN WAS: ( X) CHANGED SEE ATTACHED NOTICE I~ an assessment was issued previously, lines 14, 15 and/or 16, 17, 18 and 19 will re~lect ~igures that include the total o~ ~ returns assessed to date. ASSESSMENT OF TAX: 15. Allount of Line 14 at Spousal rate (15) 16. Allount of Line 14 taxable at Lineal/Class A rate (16) 17. Allount of Line 14 at Sibling rate (17) 18. Allount of Line 14 taxable at Collateral/Class B rate (18) 19. Principal Tax Due TAX CREDITS: PAYMENT RECEIPT DISCOUNT (+) AMOUNT PAID DATE NUMBER INTEREST/PEN PAID (-) TOTAL TAX CREDIT .00 BALANCE OF TAX DUE .00 INTEREST AND PEN. .00 TOTAL DUE .00 ) ACCEPTED AS FILED 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. Mortgages/Notes Receivable (Schedule D) 5. Cash/Bank Deposits/Misc. Personal Property (Schedule E) 6. Jointly Owned Property (Schedule F) 7. Transfers (Schedule G) 8. Total Assets (1) (2) (3) (4) (5) (6) (7) .00 13,345.50 .00 .00 397,019.80 .00 355.974.81 (8) APPROVED DEDUCTIONS AND EXEMPTIONS: 9. Funeral Expenses/Adll. Costs/Misc. Expenses (Schedule H) 10. Debts/Mortgage Liabilities/Liens (Schedule I) 11. Total Deductions 12. Net Value of Tax Return 13. Charitable/Governllental BequestSj Non-elected 9113 Trusts (Schedule J) 14. Net Value of Estate Subject to Tax (9) (10) 12,022.81 526.90 (11) (12) (13) (14) NOTE: 375,864.81 X .00 X .00 X .00 X · IF PAID AFTER DATE INDICATED, SEE REVERSE FOR CALCULATION OF ADDITIONAL INTEREST. NOTE: To insure proper credit to your account, subllit the upper portion of this forll with your tax paYllent. 766,340.11 1"'.549 71 753,790.40 377,925.59 375,864.81 00 = 045 = 12 = 15 = .00 .00 .00 .00 .00 (19)= ( IF TOTAL DUE IS LESS THAN $1, NO PAYMENT IS REQUIRED. IF TOTAL DUE IS REFLECTED AS A "CREDIT" (CR), YOU MAY BE DUE A REFUND. SEE REVERSE SIDE OF THIS FORM FOR INSTRUCTIONS.) RESERVATION: Estates of decedents dying on or before December lZ, 198Z -- if any future interest in the estate is transferred in possession or enjoyment to Class B (collateral) beneficiaries of the decedent after the expiration of any estate for life or for years, the Commonwealth hereby expressly reserves the right to appraise and assess transfer Inheritance Taxes at the lawful Class B (collateral) rate on any such future interest. PURPOSE OF NOTICE: To fulfill the requirements of Section Zl40 of the Inheritance and Estate Tax Act, Act Z3 of ZOOO. (7Z P.S. Section 9140). Detach the top portion of this Notice and submit with your payment to the Register of Wills printed on the reverse side. --Make check or money order payable to: REGISTER OF MILLS J AGENT A refund of a tax credit, which was not requested on the Tax Return, may be requested by completing an "Application for Refund of Pennsylvania Inheritance and Estate Tax" (REV-1313). Applications are available at the Office of the Register of Wills, any of the Z3 Revenue District Offices, or by calling the special Z4-hour answering service for forms ordering: 1-800-36Z-Z050; services for taxpayers with special hearing and I or speaking needs: 1-800-447-30Z0 (TT only). Any party in interest not satisfied with the appraisement, allowance, or disallowance of deductions, or assessment of tax (including discount or interest) as shown on this Notice must object within sixty (60) days of receipt of this Notice by: --written protest to the PA Department of Revenue, Board of Appeals, Dept. Z810Z1, Harrisburg, PA 171Z8-10Z1, OR --election to have the matter determined at audit of the account of the personal representative, OR --appeal to the Orphans' Court. PAYMENT: REFUND (CR): OBJECTIONS: ADMIN- ISTRATIVE CORRECTIONS: Factual errors discovered on this assess.ent should be addressed in writing to: PA Department of Revenue, Bureau of Individual Taxes, ATTN: Post Assessment Review Unit, Dept. Z80601, Harrisburg, PA 171Z8-0601 Phone (717) 787-6505. See page 5 of the booklet "Instructions for Inheritance Tax Return for a Resident Decedent" (REV-1501) for an explanation of administratively correctable errors. If any tax due is paid within three (3) calendar months after the decedent's death, a five percent (5%) discount of the tax paid is allowed. The 15% tax amnesty non-participation penalty is computed on the total of the tax and interest assessed, and not paid before January 18, 1996, the first day after the end of the tax amnesty period. This non-participation penalty is appealable in the same manner and in the the same time period as you would appeal the tax and interest that has been assessed as indicated on this notice. Interest is charged beginning with first day of delinquency, or nine (9) months and one (1) day from the date of death, to the date of payment. Taxes which became delinquent before January 1, 198Z bear interest at the rate of six (6%) percent per annum calculated at a daily rate of .000164. All taxes which became delinquent on and after January 1, 198Z will bear interest at a rate which will vary from calendar year to calendar year with that rate announced by the PA Department of Revenue. The applicable interest rates for 198Z through ZOOZ are: Year Interest Rate Daily Interest Factor Year Interest Rate Oaily Interest Factor 198Z ZO% .000548 199Z 9% .000Z47 1983 16% .000438 1993-1994 n .00019Z 1984 11% .000301 1995-1998 9% .000Z47 1985 13% .000356 1999 n .00019Z 1986 10% .000Z74 ZOOO 8% .000Z19 1987 9% .000Z47 ZOOI 9% .000Z47 1988-1991 11% .000301 ZOOZ 6% .000164 --Interest is calculated as follows: INTEREST = BALANCE OF TAX UNPAID X NUKBER OF DAYS DELINQUENT X DAILY INTEREST FACTOR --Any Notice issued after the tax becomes delinquent will reflect an interest calculation to fifteen (15) days beyond the date of the assessment. If payment is made after the interest computation date shown on the Notice, additional interest must be calculated. DISCOUNT: PENALTY: INTEREST: , , REV-1470 EX (6-88) '* INHERITANCE TAX EXPLANATION COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF REVENUE OF CHANGES BUREAU OF INDIVIDUAL TAXES DEPT- 280601 HARRISBURG PA 17128-0601 DECEDENT'S NAME FILE NUMBER E. Francis Hall 2101-0556 REVIEWED BY ACN Bill Lyons 101 SCHEDULE ITEM EXPLANA TION OF CHANGES NO. The estate is deferring the tax on the trust. ROW Page 1 \ / b-c:2~ (,-;7/ BUREAU OF INDIVIDUAL TAXES INHERITANCE TAX DIVISION DEPT. 280601 HARRISBURG, PA 17128-0601 ESQ '02 COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF REVENUE NOTICE OF DETERMINATION AND ASSESSMENT OF PENNSYLVANIA ESTATE TAX BASED ON FEDERAL CLOSING LETTER DATE ESTATE OF DATE OF DEATH FILE NUMBER J\fi!~ --1 :/~ 9 COUNTY ACN *' REV-75' EX AFP 'Dl-D21 EDMUND G MYERS JOHNSON ETAL PO BOX 109 LEMOYNE 03-25-2002 HALL 01-12-2001 21 01-0556 CUMBERLAND 202 E F Allount Rellitted , l.,. :~.; P"~~M4.3 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 FILES ~ REV =736--E)(AFP-Toi:-02r----.-.-NcfiicE--oF-DETE-RMINAfloii-AtfD'-AS-SESSMEif..-------------------------- _ __ OF PENNSYLVANIA ESTATE TAX BASED ON FEDERAL CLOSING LETTER .. ESTATE OF HALL E F FILE NO.21 01-0556 ESTATE TAX DETERMINATION ACN 202 DATE 03-25-2002 1. Credit For State Death Taxes as Verified .00 2. Pennsylvania Inheritance Tax Assessed (Excluding Discount and/or Interest) .00 3. Inheritance Tax Assessed by Other States or Territories of the United States (Excluding Discount and/or Interest) .00 4. Total Inheritance Tax Assessed .00 5. Pennsylvania Estate Tax Due .00 6. Amount of Pennsylvania Estate Tax Previously Assessed Based on Federal Estate Tax Return .00 7. Additional Pennsylvania Estate Tax Due TAX CREDITS: .00 PAYMENT RECEIPT DISCOUNT (+) AMOUNT PAID DATE NUMBER INTEREST/PEN PAID (-) TOTAL TAX CREDIT .00 BALANCE OF TAX DUE .00 INTEREST AND PEN. .00 TOTAL DUE .00 -IF PAID AFTER THIS DATE, SEE REVERSE SIDE (IF TOTAL DUE IS LESS THAN $1, NO PAYHENT IS REQUIRED FOR CALCULATION OF ADDITIONAL INTEREST. IF TOTAL DUE IS REFLECTED AS A "CREDIT" (CR), YOU HAY BE DUE A REFUND. SEE REVERSE SIDE OF THIS FORH FOR INSTRUCTIONS.) PURPOSE OF NOTICE: PAYMENT: To fulfill the requirements of Section 2140 of the Inheritance and Estate Tax Act, Act 23 of 2000. (72 P.S. Section 9140). Oetach the top portion reverse side. -- Make check or money of this Notice and submit with your payment to the Register of Wills printed on the order payable to: REGISTER OF HILLS, AGENT, REFUND (CR): A refund of a tax credit may be requested by completing an "Application for Refund of Pennsylvania Inheritance and Estate Tax" (REV-1313). Applications are available at the Office of the Register of Wills, any of the 23 Revenue District Offices or from the Department's 24-hour answering service for forms ordering: 1-800-362-2050; services for taxpayers with special hearing and/or speaking needs: 1-800-447-3020 (TT only). OBJECTIONS: ADMIN- ISTRATIVE CORRECTIONS: PENALTY: INTEREST: Any party in interest not satisfied with the assessment of tax as shown on this notice may object within sixty (60) days of receipt of this Notice by: --written protest to the PA Department of Revenue, Board of Appeals, Dept. 281021, Harrisburg, PA 17128-1021, OR --electing to have the matter determined at audit of the personal representative, OR --appeal to the Orphans' Court Factual errors discovered on this assessment should be addressed in writing to: PA Department of Revenue, Bureau of Individual Taxes, ATTN: Post Assessment Review Unit, Dept. 280601, Harrisburg, PA 17128-0601, Phone (717) 787-6505. See page 5 of the booklet "Instructions for Inheritance Tax Return for a Resident Decedent" (REV-1501) for an explanation of administrativelY correctable errors. The 15X tax amnesty non-participation penalty is computed on the total of the tax and interest assessed, and not paid before January 18, 1996, the first day after the end of the tax amnesty period. This non-participation penalty is appealable in the same manner and in the the same time period as you would appeal the tax and interest that has been assessed as indicated on this notice. Additional Pennsylvania Estate Tax assessed as a result of a change on the Federal Estate Tax closing letter becomes delinquent at the expiration of one (1) month from the date the final notice of the increase in Federal Estate Tax is received. Taxes which became delinquent before January 1, 1982 bear interest at the rate of six (6X) percent per annum calculated at a daily rate of .000164. All taxes which became delinquent on or after January 1, 1982 will bear interest at a rate which will vary from calendar year to calendar year with that rate announced by the PA Department of Revenue. The applicable interest rates for 1982 through 2002 are: Year Interest Rate DailY Interest Factor Year Interest Rate Daily Interest Factor 1982 20X .000548 1992 9X .000247 1983 16X .000438 1993-1994 ]X .000192 1984 llX .000301 1995-1998 9X .000247 1985 13X .000356 1999 ]X .000192 1986 lOX .000274 2000 8X .000219 1987 9X .000247 2001 9X .000247 1988-1991 llX .000301 2002 6X .000164 --Interest is calculated as follows: INTEREST = BALANCE OF TAX UNPAID X NUKBER OF DAYS DELINQUENT X DAILY INTEREST FACTOR --Any Notice issued after the tax becomes delinquent will reflect an interest calculation to fifteen (15) days beyond the date of the assessment. If payment is made after the interest computation date shown on the Notice, additional interest must be calculated. f ~, JERRY R. DUFFlE RICHARD W, STEWART C ROY WEIDNER, JR, EDMUND C. MYERS DAVID W, DELUCE RALPH H WRIGHT, JR, DAVID 1. LANZA MARK C DUFFlE KEIRSTEN WALSH DAVIDSON MICHAEL 1. CASSIDY ROBERT M, WALKER LAW OFFICES JOHNSON, DUFFIE, STEWART & WEIDNER A Professional CorporatioI,1 301 MARKET STREET i P. O. BOX 109 LEMOYNE. PENNSYLVANIA 17043-0109 WEBSITE: www.jdsw.com HORACE A. JOHNSON OF COUNSEL TELEPHONE 717 -761-4540 FACSIMILE 717-761-3015 E-MAIL mail@jdsw.com ~j ( ';ll: '0.2 -1 :-'] E-MAIL egm@jdsw.com April 30, 2002 Mary C. Lewis. Register of Wills Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013-3387 Re: Estate ofE. Francis Hall File No. 2001-00556 Dear Mrs. Lewis: We are the attorneys of record for the Estate ofE. Francis Hall. The Executor, Edwin F. Hall, II, has notified us in writing that we are no longer being retained as counsel to him and the Estate. Therefore, please mark your file that we are no longer counsel to Edwin F. Hall, II, Executor and the Estate of E. Francis Hall. If you need any additional documentation, please contact me. Very truly yours, JOHNSON, DUFFIE, STEWART & WEIDNER ~~ EGM:csh cc: Mr. Edwin F. Hall, II WHEREAS, on the 13th dated October 5th 1999 was admitted to probate as the last will of HALL E FRANCIS (LA::i'l', l' J..t(::i'l', J.VJJ.UUL~) late of WORMLEYSBURG BOROUGH CUMBERLAND County, who died on the 12th day of January 2001 and, WHEREAS, a true copy of the will as probated is annexed hereto. THEREFORE, I, MARY C. LEWIS , Register of Wills in and for the County of CUMBERLAND in the Commonwealth of Pennsylvania, hereby certify that I have this day granted Letters TESTAMENTARY to HALL EDWIN F II who has duly qualified as Executor (rix) and has agreed to administer the estate according to law, all of which fully appears of record in my Office at CUMBERLAND COUNTY COURT HOUSE, CARLISLE, PENNSYLVANIA. IN TESTIMONY WHEREOF, of my Office the 13th day .J .. ,1'7 '''/ , Register of Wills of CUMBERLAND County, Pennsylvania Certificate of Grant of Letters No. 2001-00556 PA No. 21-01-0556 ESTATE OF HALL E FRANCIS (LA::i'l', 1"J..t(::i'l', J.VJJ.UUL~j Late of WORMLEYSBURG BOROUGH CUM.Ij~.t(LA!\lU L:UU1\J'l' Y , Deceased Social Security No. 184-05-0545 day of June 2001 an instrument I have hereunto set my hand and affixed the seal of June 2001. Yr)~('. ~I~~. t!.i: '~~y~jJlI1:iq-: . egls er 0 1 S " **NOTE** ALL NAMES ABOVE APPEAR (LAST, FIRST, MIDDLE) IN RE: ESTATE OF E. FRANCIS HALL IN THE COURT OF COMMON PLEAS ORPHANS' COURT DIVISION CUMBERLAND COUNTY, PENNSYL VANIA NO. 21-2001-0556 RULE WE COMMAND, you that laying aside all business and excuses whatsoever, you be and appear in your proper person before the Honorable Judges of the Court of Common Pleas, Orphans' Court Division at a session of the said Court there to be held, for the County of Cumberland to show cause~ is issued against PNC BANK. NA.. retumable20 davs from service. Witness my hand an official seal of office at Carlisle, Pennsylvania, this 11- day of JUNE, 2002. \ , rphans' ourt Division Cum and County, Carlisle, P A My Commission Expires on the 151 Monday January, 2006 ~ METTE, EVANS & WOODSIDE A PROFESSIONAL CORPORATION ATTORNEYS AT LAW HOWELL C. METTE ROBERT MOORE CHARLES B. Zw ALLY PETER J. RESSLER LLOYD R. PERSUN CRAIG A. STONE JAMES A. ULSH DANIEL L. SULLIVAN STEVEN D. SNYDER CHRISTOPHER C. CONNER JEFFREY A. ERNICO KATHRYN L. SIMPSON P. DANIEL ALTLAND ANDREW H. DOWLING MICHAEL D. REED PAULA J. LEICHT GARY J. HElM DA V/D A. FITZSIMONS GUY P. BENEVENTANO THOMAS F. SMIDA 3401 NORTH FRONT STREET P.O. BOX 5950 HARRISBURG, PA 17110-0950 TELEPHONE (717) 232-5000 FAX (717) 236-1816 JOHN F. Y ANINEK" VICKY ANN TRIMMER TIMOTHY A. HOY KATHLEEN DoYLE Y ANINEK JAMES M. STRONG JENNIFER A. Y ANKANICH RANDALL G. HURST" SUSAN D. ANDERSON OF COUNSEL JAMES W. EVANS IRS NO. 23-1985005 "MARYLAND BAR http://www.mette.com June 24, 2002 Mary C. Lewis Clerk of Orphans Court Division Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 RE: ESTATE OF E. FRANCIS HALL NO. 21-2001-0556 Dear Mary: Enclosed please find a copy of the letter from PNC Advisors indicating that it does not intend to object to its removal as co-Trustee pursuant to the Petition which we had filed. On June 13, 2002 his Honor had issued a Rule returnable within twenty (20) days to PNC Bank to respond to the Petition. We believe the enclosed letter should satisfy this response and we would request that this matter be forwarded to the Court for purposes of issuing a final Order. The proposed Order was attached to the original Petition when it was filed. If you have any questions, please call me. Sincerely, I4A~___ Vicky Ann Trimmer VATldlh Enclosure cc: Edwin F. Hall, II (wi enclosure) :298278 _I JU}j 2 fJ ;00; o PNCADVlSORS June 19,2002 Victoria Ann Trimmer, Esq. Mette, Evans and Woodside 3401 North Front Street Harrisburg, P A 17110-0950 RE: Estate of E. Francis Hall Docket No.21-2001-0556 Dear Ms. Trimmer: We are in receipt of the Rule issued to PNC relative to the above matter, as per your letter of June 17, 2002. Upon further review of the situation, we are not going to object to being removed as co- trustee. To clear the record regarding the Petition, I do note my letter to you of June 17, 2001 wherein I brought to your attention that the investment decisions would be jointly made between the co-trustees and that we were not planning to use our proprietary investment products. Again, I note in speaking with Suzanne Ross of our Pittsburgh office, this was communicated to Edwin Hall. Thank you for your attention to his matter. Very truly yours: A David A. Brown Vice-President (717) 730-2382 cc: Mary C. Lewis, Register of Wills Clerk of Orphans' Court A member of The PNC Financial Services Group 4242 Carlisle Pike Camp Hill Pennsylvania 17011 9~~ ~' ~ ~ ""' z: ~ 0 I- 0 ...;: w ~ ~:~~ 0 iEj~5?: rid 8 ~ g ~ !/) ..J ~ ff ~ ~ l;:~J:I/IC!J ~lli~l r.. <( it ~:; ~ II: ~ Q. '" : ~ <( ~ ~ - - - ~ - .. - -- - - % ,t.; - v; - 9. :":-J :r: 0 - s: :t;' - r- - 0 er: - E- ::J :..z.) 0 Er; u er: .. (5 <:r; -- >- ;::.; -- v f-., 0- -, v; ", C/) ('f') -- ::.) - z U,J -. -- <r; q C/) 0 ::r; v ::J ,....... .. 0., 0 0 C/) er: z C <r; [; 0 ~ 0., r....., er: U,J ~ 0 :2 ::J "-' "-' U,J 0 C/) >- ~ a:) u - ~ ~ -.l ~ U,J :< U,J ~ N ::E -i ;:;, Z <r; 1.\'1 U U 0 U 't':' "t) (.:. ,.':- ~.:: ,..:' .,.., I.'W ,.... ..... , -- IN RE: ESTATE OF E. FRANCIS HALL IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA ORPHANS' COURT DIVISION NO. ~I - Ci 1- 55lo PRELIMINARY ORDER AND NOW, thiS~aYOf ~ , 2002, it is Ordered that a Iq~~ri~~ u~ tAB P'dilivlI Lv RbIIlVY,", T, ....~L'"''"' ;.;:> .;:>vl.vdulvd fVI , ~66~ ;1. eJ",uo to vu". t 40.. uf II .~ eu. "bt"J 8vv"L, 8u~ Li6~ l",\~ ......,p~~, ff;.) ~V-~~ ~'i &~ SVV\C.(. · BY THE COURT: ?i:> J. . '.: \ ,.. il L :.-'(', ~ . IN RE: ESTATE OF E. FRANCIS HALL j. AND NOW, this Y day of , o IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA ORPHANS' COURT DIVISION NO. ~\ - C\ 1-55<....0 DECREE , 2002, upon consideration of the Petition to Remove Trustee, it is Ordered tH C Bank, NA is removed as Trustee and Edwin F. Hall, II is the sole Trustee of the Credit By Pass Trust. ; .I :;: i-~l BY THE COURT: J. , E - IN RE: ESTATE OF E. FRANCIS HALL IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA ORPHANS' COURT DIVISION NO. ,~\- 0\ - S-SG PETITION TO REMOVE TRUSTEE TO THE HONORABLE JUDGES OF SAID COURT: The Petitioner, Helen R. Hall, Edwin F. Hall, II and Linda H. Blacksmith, by and through their attorneys, METTE, EVANS & WOODSIDE, respectfully state: 1. E. Francis Hall (hereinafter the "Decedent") passed away on January 12, 2001. 2. The Decedent left a Last Will and Testament dated October 5, 1999, which was admitted to probate by the Register of Wills, Cumberland County at File No. 21-01-0556. A true and correct copy is attached as Exhibit "A." 3. Edwin F. Hall, II, the Decedent's son, was appointed Executor of the Estate via Letters Testamentary issued on June 13,2001. 4. Petitioner, Helen R. Hall, is the Decedent's surviving spouse. , 5. Petitioner, Edwin F. Hall, II, is the Decedent's son. 6. Petitioner, Linda H. Blacksmith, is the Decedent's daughter. 7. Helen R. Hall executed a disclaimer of certain assets on October 5,2001 for the sole purpose of funding the estate of the decedent. A true and correct copy is attached as Exhibit "8." 8. Absent the disclaimer by Helen R. Hall, no assets existed to fund the decedent's probate estate. 9. Article IV of the Last Will and Testament established a Credit By Pass Trust to be funded with the assets of his probate estate which could be protected from federal estate tax by the applicable credit. 10. Under Article IV, Helen R. Hall, the decedent's spouse and a Petitioner herein, is the sole income beneficiary. 11. Under Article IV, the Trustee is given the discretion to expend principal for Helen R. Hall's health, maintenance and support. , 12. Under Article IV, the remaindermen entitled to the trust principal upon the death of Helen R. Hall are the decedent's children, Edwin F. Hall, II and Linda H. Blacksmith, two of the Petitioners herein. 13. Article XII ofthe Last Will and Testament appoints PNC Bank, NA and Edwin F. Hall, II as co-Trustees of the Credit By Pass Trust. 14. Article XII does not appoint a successor Trustee. 15. The approximate value of the Credit By Pass Trust is estimated to be Three Hundred Eighty Thousand ($380,000) Dollars after payment of taxes and administrative expenses. 16. The Decedent had only a basic checking account with PNC Bank, NA prior to his death but was not using them for investment purposes. 17. None of the three Petitioners have an investment relationship with PNC Bank, NA. 18. PNC Bank, NA typically imposes a Five Hundred Thousand ($500,000) Dollar minimum for accepting Trustee fiduciary responsibility and duties. , 19. PNC Bank, NA has a minimum annual fee of Five Thousand ($5,000) Dollars per its published Schedule of Charges dated December 2000. A true and correct copy of which is attached as Exhibit "C." 20. PNC Bank, NA has offered to reduce its minimum annual fee to Two Thousand ($2,000) Dollars, however the account fee will be one (1 %) percent of the market value if the management of the trust were moved to Pittsburgh. A true and correct copy of the offer is attached as Exhibit "D." 21. PNC Bank, NA has indicated that it must have exclusive control of the investment decisions and choices even though a valid co-Trustee is named by the Decedent in his Last Will and Testament. 22. PNC Bank, NA requires that it receive the full Trustee fee under its Schedule of Charges even though a co-Trustee is named. 23. PNC Bank, NA had no knowledge it was named as Trustee until the probate of the Last Will and Testament. 24. PNC Bank, NA has not made any financial investment in this matter. 25. Prior to his death, the Decedent chose to use American Express as his financial advisor and investment vehicle because he was an employee of American Express or its predecessors for thirty-nine (39) years prior to his retirement in 1986 and virtually all of his investments were in American Express. 26. The choice of Trustee was made by the scrivener of the Last Will and Testament as evidenced by the September 7,1993 letter from Jerry R. Duffie, Esquire to Mr. and Mrs. E. Francis Hall which provides: "You will also note that I have designated PNC Bank, National Association ... as the Trustee. ... The Corporate Trustee would be the custodian of the funds but the co- Trustee would participate in the investment decisions. ..." A true and correct copy of the letter is attached as Exhibit "E." 27. At no time did the scrivener advise the Decedent or his spouse, a Petitioner herein, that they could select a different corporate Trustee. 28. At no time did the scrivener advise the decedent or his spouse, a Petitioner herein, that they could chose to use an individual trustee in lieu of a corporate trustee. 29. Petitioners approached PNC Bank, NA to determine if it would be willing to renounce its appointment. 30. PNC Bank, NA has indicated that it will not renounce. 31. PNC Bank, NA's sole interest in the trust is the anticipated trustee fees it will earn over the life of the Trust. 32. PNC Bank, NA's requirement that it control all investment decisions and receive a full fee even though a co-Trustee is named is in direct conflict with the language of the Last Will and Testament as well as the advice provided by the scrivener in its letter. 33. PNC Bank, NA's insistence that its investment products be used serves only to enhance its financial interests and not those of the beneficiaries of the Trust. 34. The required use of PNC Bank, NA's investments is inconsistent with the decedent's investment choices during his lifetime, the desires of the co-Trustee and is not in the best interest of the beneficiaries of the Trust. .. 35. The use of PNC Bank, NA's investments is against the wishes of the beneficiaries of the Trust. 36. The co-Trustee, Edwin F. Hall, II, a Petitioner herein, has the capability of serving as sole Trustee and meeting all of the fiduciary responsibilities and duties as sole Trustee. 37. Petitioners, who are the only beneficiaries of the Trust, seek removal of PNC Bank, NA as a co-Trustee because of the required use of PNC Bank, NA's investments, the anticipated minimum fees and the lack of cooperative attitude evidenced by PNC Bank, NA during the administration of the estate. 38. The decedent was never advised of the fees to be charged by PNC Bank, NA or the fact that PNC Bank, NA would control exclusively investment decisions and would not use his individual trustee's investment advice after his death. 39. Written representations by the scrivener misrepresented PNC Bank NA's policies when it serves as co-Trustee. 40. Edwin F. Hall, II has agreed to serve as sole Trustee. . 41. Edwin F. Hall, " has agreed to take no annual fee to serve as Trustee and will only seek reimbursement for actual expenses. 42. Edwin F. Hall, " has agreed to continue to use American Express as the investment advisor unless all trust beneficiaries agree to an alternate investment advisor. 43. Petitioner desires that Edwin F. Hall, " serve as sole Trustee. WHEREFORE, Petitioner requests that PNC Bank, NA be removed as co- Trustee and that Edwin F. Hall, II serve as the sole Trustee of the Credit By Pass Trust. METTE, EVANS & WOODSIDE By: ~ /J~C:-~ Vicky nn Trimmer, Esquire Sup. Ct. 1.0. No. 49679 3401 North Front Street Harrisburg, PA 17110-0950 (717) 232-5000 DATED: (~J_ 1n- J I j I Ie Attorneys for Petitioner ~ IN RE: ESTATE OF E. FRANCIS HALL IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA ORPHANS' COURT DIVISION NO. VERI FICA TION We, HELEN R. HALL, EDWIN F. HALL, II AND LINDA If. BLACKSMITH, have read the foregoing document and verify that the facts set forth herein are true and correct to the best of our knowledge, information and belief. To the extent that the foregoing document or its language is that of counsel, we have relied upon counsel in making this Verification. We understand that any false statements made herein are subject to the penalties of 18 Pa. C.S.A. 94904 relating to unsworn falsification to authorities. may z.~ 2002- DATED ) 1J~~ K.I~ HELEN R. HALL ELEi- +WP. X EDWIN F. HALL, II may '21} Z ao 2.. DATED ma~ ;J..~/ 200 L DATED ~. jJ, ~~ LINDA ~. BLACKSMITH d'1J6 :295180 I ~.::~. - , ------. cC co [pf mast lllIIill aUll W.estam.eut OF E. FRANCIS HALL I, E. FRANCIS HALL, of the Borough of Wormleysburg, Cumberland County, Pennsylvania, being of sound and disposing mind, memory and understanding, do hereby make, publish and declare this as and for my Last Will and Testament, hereby revoking and making void any and all Wills or Codicils at any time heretofore made by me. ARTICLE I DEBTS I direct the payment of all my legal debts and the expenses of my last illness and funeral from my Estate as soon after my death as conveniently may be done. ARTICLE IT TANGillLE PERSONAL PROPERTY I give and bequeath my motor vehicle(s), household and personal effects and other tangible personalty of like nature (not including cash or securities), together with any existing insurance thereon, unto my wife, HELEN R HALL, provided she survives me by thirty (30) days. In the event that my wife, HELEN R HALL, is not living on the thirty-first (31st) day following my death, I give and bequeath the same unto my children who survive me to be divided among them by my Executor in as nearly equal shares as practical, any item as to which there is disagreement to be disposed of as part of the residue of my estate. . ARTICLE ill MARITAL DEDUCTION BEQUEST Ifmy wife, HELEN R. HALL, survives me (and I direct that for purposes of this Article of my Will she shall be deemed to have survived me unless it appears unmistakably that she predeceased me), and if the federal estate tax due because of my death will be reduced by making this gift for her benefit, I give, devise and bequeath unto my wife, HELEN R. HALL, the least amount (based upon values as finally determined for federal estate tax purposes) as shall be needed for the federal estate tax unlimited marital deduction to reduce the federal estate tax to the lowest possible figure after full use of all other deductions and credits allowable in calculation the federal estate tax. However, the state death tax credit shall only be taken into account to the extent that it does not increase the amount of tax payable to any state. Accordingly, I direct that: A. If the marital deduction, or any other similar benefit, is allowable with respect to any property, including property held by entireties, which my wife, HELEN R. HALL, has received prior to my death or at my death will receive otherwise than pursuant to this Article ill, the value of such property shall be taken into consideration in calculating the size of the gift under this Article III. B. No property ineligible for the marital deduction, or any similar benefits, shall be distributed to this gift for my wife, HELEN R. HALL, pursuant to this Article ill. C. Either cash or investments or both may be allocated to any gift under this Article ill. D. Any property allocated under this Article III in kind shall be valued at the value which it is finally included in my gross estate for federal estate tax purposes, provided that the aggregate market value thereof on the date of allocation (plus 2 _J the value as finally determined for federal estate tax purposes of all other property _ qualifying for the marital deduction) is at least equal to the dollar value of the marital deduction as finally determined for federal estate tax purposes. E. If any provision of my Will shall result in depriving my estate of the marital deduction for federal estate tax purposes, such provision is hereby revoked and my Will shall be read as if any portion thereof inconsistent with allowances of the marital deduction for federal estate tax purposes is null and void. ARTICLE IV CREDIT BY PASS TRUST I give, devise and bequeath all the rest, residue and remainder of my estate of whatsoever nature and wheresoever situate, unto my TRUSTEE hereinafter named, IN TRUST, however to hold, manage, invest and reinvest the same for the following uses and purposes: A. To pay the net income therefrom at least as often as quarter-annually unto my wife, HELEN R. HALL, for and during her lifetime. B. As much of the principal of this Trust as my Trustee in its sole discretion may from time to time think advisable for my wife's health, maintenance, and support to maintain her in the station of life to which she is accustomed at my death, or during her illness or emergency, shall be either paid to her or else applied directly for h~r benefit by my Trus~ee after taking into account other assets and sources of income available to her. 3 . C. Trustee may apply the net income ofthis Trust for the support of my wife, HELEN R. HALL, should she by reason of age, illness or any other cause in the opinion of my Trustee be incapable of disbursing it. D. Upon the death of my wife, HELEN R. HALL, or at the time of my death should my wife, HELEN R. HALL, predecease me, I direct my Trustee to distribute the balance of the principal and undistributed income in equal shares unto my then-living issue, per stirpes. ARTICLE V FURTHER TRUST: BENEFICIARY UNDER 21 Should any person entitled to a share of my estate not have reached the age of twenty-one (21) years at the time for distribution to him or her, I devise and bequeath the share of each such person unto my TRUSTEE hereafter named, IN SEPARATE TRUST, to hold, manage, invest and reinvest the shares so received, and to use and apply the income and principal, or so much thereof, as in Trustee's discretion, may be necessary or appropriate for such beneficiary's support and education (including college education, graduate and under graduate and vocational training), without regard to his or her ability to provide for such support or education or to make payment for these purposes, without further responsibility, to such beneficiary or to any person taking care of such beneficiary. Trustee shall distribute one-third (113) of the then remaining principal and any income accumulated thereon unto such beneficiary when such beneficiary shall reach the age of twenty-one (21) years and shall thereafter pay the net income therefrom unto him or her. When such beneficiary attains the age of twenty-five (25) years, Trustee shall distribute one-half of then remaining principal and any income accumulated thereon and ~he balance of the principal and any income accumulated thereon when such beneficiary reaches the age of thirty (30), and the Trust as to that beneficiary shall terminate. In the event any beneficiary dies before receiving his or her final distribution hereunder, such beneficiary's trust shall terminate and the balance of principal and income shall be distributed to his or her personal representative. 4 ARTICLE VI TERMINATION OF SMALL TRUSTS If at any time during the continuance of any Trust created hereunder, the Trustee, in its sole and absolute discretion, determines that the size of any individual Trust has become so small as to be impractical to continue to hold in Trust and uneconomical to continue to administer as a Trust, then in such circumstances, the Trustee may, without further authorization, distribute the balance of the principal and income in such Trust to the beneficiary then-entitled to the income therefrom, and upon such distribution, the Trustee shall be released from further obligation with respect to that Trust and shall not be subject to any claim from any person who may have had a future interest in such Trust had it been continued in Trust. ARTICLE VII SPENDTHRIFT PROVISIONS The interest of the beneficiaries hereunder or the beneficiaries of any Trust created herein shall not be subject to anticipation or to voluntary or involuntary alienation. ARTICLE VIII TAXES I direct that all death taxes shall be paid from my residuary estate passing under Article N of this Will or, to the extent determined by my Personal Representative, by the Trustee from property (if any) distributed directly to the Trustee. In no event shall the payment thereof (i) reduce or otherwise affect the amount (if any) distributable under Article III except to the extent that property remaining in my gross estate after satisfaction or provision for satisfaction of all debts and expenses of administration, and all inter vivos and testamentary dispositions (other than under 5 Article IV) of property included in such gross estate which do not qualify for the federal estate tax marital deduction, shall be insufficient to satisfy all death taxes in full and (ii) be made from any property which is not includible in my estate for the purposes of one or more of such death taxes and which would be so includible if used for such payment. For the purposes of this Article, death taxes shall mean (i) all federal estate taxes and all local, state and foreign, estate, inheritance, transfer, legacy, succession and similar taxes which by reason of my death may be properly imposed upon, applicable or payable with respect to any property or interest in property which may be included as a part of my Estate for the purposes of such taxes. ARTICLE IX DISCLAIMER If any person otherwise entitled to take hereunder (or such person's legal representative) files a written disclaimer, in whole or in part, with respect to any provision of this Will with my Executor or Trustee within the period allowed by Section 2518 ofthe Internal Revenue Code, such person (i) shall be treated as having predeceased me for purposes of holding or distributing the disclaimed share, and (ii) shall not participate in any decision to payor apply the income or principal of the disclaimed share to or for the benefit of any person hereunder, but such person shall not be treated as having predeceased me for purposes of holding, distributing or participating in any such decision under any provision to which the disclaimer does not extend. In the event my wife, HELEN R. HALL, files a written disclaimer, in whole or in part, with respect to any property or interest otherwise distributable pursuant to Article IT or .III hereof, such property or interest so disclaimed shall be distributed to my Trustee and shall be held in a separate Disclaimer Trust under terms and conditions identical to the Trust Under Article IV as applied to circumstances then existing; provided that my said wife, HELEN R. HALL, shall have no right to withdraw or power to appoint the principal of the Disclaimer Trust. 6 ARTICLE X ELECTIONS - OPTIONS My Personal Representative shall have full power to exercise, in hers, his or its sole and absolute discretion, any elections provided by the Internal Revenue Code ("Code"), other statutes and regulations, state and federal, relating to the administration of my estate and the Trusts herein created, including but not limited to the following: A. To join my wife or her personal representative in the filing of a joint income tax return for period for which such a return may be permitted, without requiring her or her estate to indemnify my estate against liability for the tax attributable to her income, and to consent for federal gift purposes to having gifts made by my wife during my lifetime treated as having been made one-half by my wife and one-half by me. B. To make the election in Section 2056(b )(7) of the Code in respect to all qualified terminable interest property (or any specific portion thereof) includible in my gross estate to such extent as my Personal Representative shall deem to be in the best interests of my estate and beneficiaries thereof, and any determination made in good faith by my Personal Representative to make or not to make such election shall be binding and conclusive upon each person having any interest in my estate and shall not be subject to question or exception in any manner or proceeding whatsoever or by any person whomsoever. C. To make the allocation ofthe Generation Skippin~ Transfer Tax exemption allowed to an individual pursuant to Section 2631(a) of the Code in such manner as my Personal Representative shall deem to be in the best interests of my estate and beneficiaries thereof, any determination made in good faith by my Personal Representative with respect to such allocation shall be binding and conclusive upon 7 r each person having any interest in my estate and shall not be subject to question or exception in any manner or proceeding whatsoever or by any person whomsoever. D. To choose the alternate valuation date for federal estate tax purposes, without regard to whether the size of any marital deduction shall or will be increased or decreased thereby, without requiring reimbursement. ARTICLE XI POWERS - PERSONAL REPRESENTATIVE AND TRUSTEE My Personal Representative and Trustee shall have the following powers in addition to those vested in them by law and by other provisions of my Will applicable to all property, whether principal or income, including property held for minors, exercisable without court approval and effective until actual distribution of all property: A. To have full authority to deal with any business interest as freely as I might in my lifetime. B. To make distribution in cash or in kind, or partly in cash and partly in kind, and in such manner as they may determine. C. To retain any or all of the assets of my estate, real or personal, without restriction to investments authorized for Pennsylvania. fiduciaries, as they deem proper, without regard to any principle of diversification or risk. D. To invest in all forms of property without restriction to investments authorized for Pennsylvania fiduciaries, as they deem proper, without regard to any principle of diversification or risk. 8 E. To sell at public or private sale, to exchange, or to lease for any period of time any real or personal property and to give options for sales, exchanges or leases, for such prices and upon such terms or conditions as they deem proper. F. To allocate receipts and expenses to principal or income or partly to each as they from time to time think proper. G. To borrow from or to sell to my Trustee even though such Trustee may be my personal representative. H. To compromise any claim or controversy. 1. To carry any property in the name of a nominee, including a clearing corporation or depository or in book entry form or unregistered or in such other form as will pass by delivery; J. To vote shares of stock, in person or by proxy, in favor of or against management and shareholder proposals and to join in or dissent from and oppose the reorganization, recapitalization, consolidation, merger, liquidation, or sale of corporations or properties; K. To employ accountants, agents, attorneys, brokers, employees, investment counselors and other representatives (any of whom may but need not be a person, association or corporation acting as, or affiliated with a Fiduciary at the particular time) to perform any act of administration (whether or not discretionary), to act without independent investigation upon their recommendations and to determine and pay their compensation and expenses out of the Trust estate; 9 .J L. To distribute, without the necessity of filing a judicial accounting or obtaining judicial approval, the whole or any part of the Trust estate upon the receipt and release of the beneficiary entitled to receive such distribution, in which event my Fiduciaries shall be relieved of all further liability with respect to the property so distributed with like effect as if such distribution had been made pursuant to an order of court; M. To permit any beneficiary to occupy any real property forming part of the Trust estate without rent or upon such other terms and conditions as the Trustee or my Executor shall determine. ARTICLE XII TRUSTEE I name, constitute and appoint PNC BANK, N.A., Camp Hill, Pennsylvania and my son, EDWIN F. HALL, II, Co-Trustees of any Trust created by me in this my Last Will. If my son, EDWIN F. HALL, IT, fails to qualify or ceases to so act, I direct that no individual need be named as successor Co-Trustee. ARTICLE xm PERSONAL REPRESENTATIVE I name, constitute and appoint my wife, HELEN R. HALL, Executrix of this my last Will and Testament. If my wife, HELEN R. HALL, fails to qualify or ce'ases to so act, I name, constitute and appoint my son, EDWIN F. HALL, IT, Alternate Executor to complete the administration of my Estate, and if my son, EDWIN F. HALL, IT, fails to qualify for ceases to so act, I name, constitute and appoint PNC BANK, N.A., Alternate Executor to complete the administration of my Estate. No fiduciary acting hereunder shall be required to post bond or enter security in any jurisdiction for the faithful performance of the duties required therein, but if a bond is nevertheless required, it shall be without surety. If ancillary administration is necessary in any 10 other state, I authorize my Executrix, or successor, to so act in such state without the necessity of posting bond. IN WITNESS WHEREOF, I have hereunto set my hand and seal to this, my Last Will and Testament, this~day of [)~ ,1999. (SEAL) Signed, sealed, published and declared by the above-named Testator, as and for his Last Will and Testament, in the presence of us, who at his request, in his presence and in the presence of each other, have hereunto subscribed our names as witnesses. w~{/J 0-- ~8~ Witness 11 ACKNOWLEDGMENT AND AFFIDAVIT COMMONWEALTH OF PENNSYLVANIA SS COUNTY OF CUMBERLAND We, E. FRANCIS HALL, ~ ,,=>, ~~d~~ the Testator and the witnesses, respectively, whose names are signed to the attache or foregoing instrument, being first duly sworn, do hereby declare to the undersigned authority that the Testator signed and executed the instrument as his Last Will and that he had signed willingly and that he executed it as his free and voluntary act for the purposes therein expressed, and that each of the witnesses, in the presence and hearing of the Testator, signed the Will as witness and that to the best of his/her knowledge the Testator was at that time eighteen years of age or older, of sound mind and under no constraint or undue influence. ~ 4-, .,~I ci'... a lj'/~ 0 E.' CIS HALL w~Y7- w~~ a f Subscribed, swom to and acknowledged before me by E. FRANCIS HALL, Testator, and ~ ~~ ~~ and~'~~ ~.<)';k~L . hi -"'~d f"'~ ~. 1999 . ~ WItnesses, t s ~ ayo ~, . ~ I'{\. ^ (l Notary Public ~.~ 12 NOTARIAL SEAL DIANNE LENIG, Notary Public Lemoyne Borough Cumberland Co. My Commission Expires Dec. 21, 2001 ,......,.-..':"-,..-., 'I""-J""'!""".~~~:~~~ :*,: ....:..L'.. ,,,,,,,,,,-'~.:i ,~ \.: ,r "'01 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 c , LAW OFFICES JOHNSON, DUFFIE, STEWART & WEIDNER T.1tphone (717) 761-4540 Telecopier (717) 761- 3015 '_~'';;'-~_----'---c___-'-:''---'-'.__-'--:'____~.c...........___,.,_ IN RE: ESTATE OF E. FRANCIS HALL LATE OF WORMLEYSBURG BOROUGH, CUMBERLAND COUNTY, PENNSYLVANIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY ORPHANS' COURT DMSION NO. 2001-00556 PA NO. 21-01-0556 DISCLAIMER I, Helen R. Hall, hereby exercise the rights granted to me in Chapter 62 of the Probate, Estates and Fiduciaries Code, 20 Pa. C.S.A. SS 6201-6207, and I hereby disclaim all my right, title and interest in the assets described in Exhibit A attached hereto which pass to me by operation of law as a result of the death of my spouse, E. Francis Hall. IN WITNESS WHEREOF, and intending to be legally bound, and intending that this Disclaimer shall be filed with the Clerk of the Orphans' Court Division of the Court of Common Pleas of Cumberland County, Pennsylvania, as provided in 20 Pa. C.S.A. S 6204 (a), I hereunto set my hand and seal this stt:-- day of 6cC(..... ,2001. Signed, Sealed and Delivered in the Presence of: ~ -1 \. R ii, J ..~~vv I .~~ Helen R. Hall -- IN RE: ESTATE OF E. FRANCIS HALL LATE OF WORMLEYSBURG BOROUGH, CUMBERLAND COUNTY, PENNSYL VANIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY ORPHANS' COURT DIVISION NO. 2001-00556 PA NO. 21-01-0556 EXHIBIT A TO DISCLAIMER OF HELEN R. HALL All my right, title and interest as surviving joint tenant of the following assets: Mutual Funds: Value of Disclaimed Interest 1. AXP High Yield Tax-Exempt Fund Class A Account Number: 0181503057208002 $ 316,322.96 2. AXP Cash Management Fund Class A Account Number: 0121303057206002 36,613.05 3. AXP Selective Fund Class A Account Number: 0150503057203002 1,943.51 American Express Brokerage Account Strategic Portfolio Service Advantage Account Number: 168783736021 22,150.28 868 Shares - First Union Corporation Common Stock 13.345.50 Total $ 390.375.30 ., PERSONAE}RUSi ' , , SUMMARY OF SERVICES PNC Advisors' goal is to be your advisor of choice, the firm that provides the advice, guidance and tools to help you achieve your financial objectives. We are well positioned to perform this role for you through our experienced teams of specialists, our disciplined processes, our world-class products and services, and our advanced technology. ANNUAL FEE OTHER CHARGES AND FEES Dedicated to earning your trust through our professionalism, integrity and commitment, PNC Advisors focuses on your unique financial needs. PNC AFFILlATE- ADVISED MUTUAL FUNDS m I As your Trustee, PNC Advisors will: - Provide investment management and administrative services Purchase and sell securities Collect and disburse income Process trade settlements Invest cash balances daily Prepare and file fiduciary income tax returns Provide statements Provide annual income tax information letter for each beneficiary Provide personal consultations Provide access to tax professionals Coordinate estate planning Fee based on the total market value of your account as valued monthly: 1.00% on the first $2,000,000 .80% on the next $3,000,000 .600/0 on the next $5,000,000 .350/0 on the balance Minimum Annual Fee $5,000 See back of schedule for additional details. The fee on any portion of your account invested in a PNC affiliate-advised mutual fund (other than a money market fund) will be reduced by 15%. There is no reduction of the account level fee for amounts invested in PNC affiliate-advised money market mutual funds. If any portion of your account is invested in a PNC affiliate-advised mutual fund portfolio, your account will bear, along with other shareholders, its pro rata portion of the portfolio's expenses, including compensation for advisory and other services which may be paid to PNC affiliates as described in each mutual fund's prospectus. You may receive a copy of the prospectus by calling 1-800-388-8734. Any compensation for advisory services (other than for a money market fund) paid to PNC affiliates in connection with your account will be credited toward the Minimum Annual Fee listed above. - Fees for services, whether performed by PNC or its agents, in connection with closely-held businesses, real estate, large holdings of a single stock, and special assets, such as limited partnerships and oil and gas interests, will be separately charged. A reasonable additional charge will be assessed for other extraordinary services. Extraordinary services are those not included in the normal course which are complex, time-consuming or unforeseen. Co-Trustee(s) fees will be in addition to the Bank's and separately negotiated. PNC Advisors' standard fee schedule is subject to change from time to time, and any future increases or decreases shall be applied to all accounts subject to these rates. Mutual fund shares are not deposits or obligations of, or guaranteed or endorsed by, any bank, and are not insured by the Federal Deposit Insurance Corporation, the Federal Reserve Board or any other agency. An investment in mutual funds involves risks, including the possible loss of principal. Investments in money market mutual funds are neither insured nor guaranteed by the U.s. Government and there can be no assurance that a money market fund will be able to maintain a stable $1.00 net asset value. The compensation earned by PNC Bank and its affiliates from mutual fund investments is calculated as a percentage of the daily amounts invested in such mutual funds. Effective December 2000 Investments: I. May Lose Value , .. . No Bank Guarantee ~ PNCADVlSORS A member of The PNC Financial Services Group D PNC Advisors is a service mark ofThe PNC Financial Services Group, Inc. ("PNC'). PNC Advisors consists of a number of PNC companies that provide financial services to PNC Advisors' clients: Investment management, fiduciary and banking services are provided by PNC Bank, NA and PNC Bank, Delaware. Members FDIC. Investment management and fiduciary services are provided by PNC Advisors, N.A. and Hilliard Lyons Trust Company. Brokerage services are offered through 1.1.B. Hilliard, W. L Lyons, Inc. and PNC Brokerage Corp., registered broker- deaiers, members NASD and SIPC. Insurance products are offered through H-L Insurance Services, Inc. and Hilliard Lyons Ohio Agency, Inc. The companies that comprise PNC Advisors may change from time to time. PNC Advisors does not provide legal, tax or accounting advice. Client information may be used by the various PNC companies that comprise PNC Advisors to respond to client requests and otherwise satisfy and anticipate client investment, banking and fiduciary needs within the PNC Advisors relationship, but except for account servicing, PNC Advisors does not otherwise make that information available to other PNC companies without client consent. FORM121291 PERSONAL TRUST SCHEDULE OF CHARGES ~PNCADVlSORS The Thinking Behind The Money~ .. MAR ; 1 o PNCADVlSORS March 5, 2002 Victoria Trimmer, Esquire Mette Evans & Woodside 3401 North Front Street Harrisburg, PA 17101 RE: Estate of E. Francis Hall Dear Vickie: I spoke with our management regarding the fact that the Hall family does not want PNC Advisors to serve as a trustee of the trusted created under the Will of E. Francis Hall. We feel, however, that we were named by the descendent and that we should qualify. If the account were held in our local office, we would charge a minimum annual fee of $5,000. Instead we propose to have the trust managed out of our Pittsburgh office and have a $2,000 minimum annual fee charged. Accordingly, the fee would be 1 % on the market value of the Trust, annually as we understand it to have a market value over $300,000. I will have John Hamm of our Pittsburgh centralized accounts unit contact you in the near future. I believe that this is a good compromise to merely putting the account into our local group and charging a fee in the neighborhood of 1.6%. The trust will be invested in a balanced manner taking into strong consideration the goals and objectives of Mrs. Hall and the family. We feel that in creating a trust and naming us as a trustee it was the intention of the testator to have a corporate fiduciary directly involved in the situation. Thank you for your attention to this matter and please do not hesitate to call with any questions or concerns. John's direct dial number is 412-762-8388. Very truly yours, David A. Brown Vice President DAB/bj cc: John Hamm Enclosure A member of The PNC Financial Services Group 4242 Carlisle Pike Camp Hill Pennsylvania 17011 MAY 06 2002 GS': 521 FR CORPORATE BOOKS 215 561 3744 TO 17172361816 . - . , P. ~/03 .. HORACE A JOHNSON JERRY R.. DUFFIE R.ICHARD W. STEWART C. ROY WEIDNER, IR. EDMUND C. MYER.5 lAMES A. JOHNSON DAVID W. DELUCE IVJ.PH H. WRIGHT, JR. DAVID J. lA."'lZA JOSEPH L HITCHINGS R.OBERT D. O'BIl.IEN l.AW Of'FICES JOHNSON, DUFFIE, STEWART & WEIDNER 301 MARKET STREET P. O. BOX 109 LEMOYNE, PENNSYLVANIA 17043.0109 TELEPHONE 717.761.-1-5-1-0 TE.UlCOPIER 717.761.3015 September 7, 1993 Mr. and Mrs. E. Francis Hall 81 Greenwood Circle Wormleysburg, PA 17043 Dear Helen and Francis: I am enclosing herewith a copy of your revised Wills, revised Living Will Declaration and revised Powers of Anorney. With respect to each of your Wills, you will note that we have created a "Credit Shelter Trust." The purpose of the Credit Shelter Trust is for each of you to take advantage of the unified credit. The difficulty with the Credit Shelter Trost is that in oruer to f'.md the Trust it is ncc~sary that each of you have assets in YOilr individual names in the amount of approximately $600,000.00. Please note, at the time of death if you do not have $600,000.00 in your individual name that the Credit Shelter Trust will be funded in a lesser amount. The $600,000.00 is the amount that would maximize unified credit. Also, with re:;pect to the Credit Shelter Trust, please note at the time of death of the first spouse that the Credit Shelter Trust is funded and that the surviving spouse will receive all of the incom~ that is derived from the Credit Shelter Trust during his or her lifetime. In addition, the surviving spouse can withdraw $5,000.00 or 5% of the principal of the Credit Shelter Trust each calendar year on a non- cumulative basis. Accordingly, you need to determine the potentiai income needs for each of you to make certain that the assets which are r.o~ pb:ed in th;~ Credit Sheiter Trust are sufflcient to meet those income requirements. Also note that in the Credit Shdter Trust that the Trustee has the duthoriry tl' PY for health, maintenance and support of the surviving spouse but mu~t take into consideration other resources available to that spouse before the payment is mad~. You will also note that I have designated PNC Bank, National Assodarion (successor to CCNB Bank, N.A.) as the Trustee. It is possible, if you so desire, to designate Co-Trustep.s. In other words, you could designatt: the other spouse or, in the alternative, your son, Edwin F. Hall, II, as a Co-Tru~tee with PNC Bank. Typically by designating Co-Trustees it provides some oversight in the management of the Trust. The Corporate Trustee would be the custodian l)f the funds but the Co. Trustee could participate in the investment decisions. Typically there is a dispute resolution procedure whkh provides that if the Co-Trustees can not agree with respect to investment decisions then the individual Trustee'sLdecision is binding provided that it is not contrary to law. MAY 06 2002 09~5~ FR CORPORATE BOOKS . 4 It ~. 215 561 3744 TO 17172361816' ,p.~/03 It Mr. and Mrs. E. Francis Hall September 7, 1993 Page 2 The key to realizing the federal estate tax savings by maximizing the funding of the Credit Shelter Trust is to identify those assets (cash, marketable securities and the like) which will be individually owned by the fitst spouse to die. IT those ..s... can be identifi~l 3lld iudividual ownership created then llIere is the potential to maximize t.'1e federal estate tax s,r..ing!;. Please remember that by creating individual ownership in each spouse that upon the death of the first spouse that Pennsylvania Inheritance Tax will be paid ou those assets. The pennsylvania lnherit3llce Tax rate for a surviving spouse is six (6%) percent. Please provide a copy of the Deed for the Wormleysburg residence so that the legal decision can be included as Exhibit" A" to the powers of Attorney. 1 recognize that all of the foregoing is somewhat confusing. Please give me a call so that we can schedule an office conference to review this matter further. Very truly yours, JRD:dkl:28794 STEW ART & WEIDNER c....... ** TOTAL PAGE.03 ** ,. . ... ' . ~ IN RE: ESTATE OF E. FRANCIS HALL IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA ORPHANS' COURT DIVISION NO. AFFIDAVIT OF SERVICE 11/ F ,1-4 AND NOW, this J,' day of /Iflr ,2002, I certify that I am this day serving a copy of the foregoing document upon the person( s) and in the manner indicated below, which service satisfies the requirements of the pennsylvania Ruies of Civil procedure, by depositing a COpy of same in the United States Mail, Harrisburg, Pennsylvania, with first-class postage prepaid, as follows: David A. Brown PNC Advisors 4242 Carlisle Pike Camp Hill, PA 17011 METTE, EVANS & WOODSIDE By: K4: A. ~~ VicKY Ann Trimmer, Esquire Sup. Ct. \.0. No. 49679 3401 North Front Street Harrisburg, PA 17110-0950 (717) 232-5000 Attorneys for Petitioner \., G PNCADVlSORS June 19.2002 Victoria Ann Trimmer, Esq. Mette, Evans and Woodside 3401 North Front Street Harrisburg, P A 17110-0950 RE: Estate of E. Francis Hall Docket No.21-200l-0556 Dear Ms. Trimmer: Weare in receipt of the Rule issued to PNC relative to the above matter, as per your letter of June 17, 2002. Upon further review of the situation, we are not going to object to being removed as co- trUStee. To clear the record regarding the Petition, I do note my letter to you of June 17, 2001 wherein I brought to your attention that the investment decisions would be jointly made between the co-trUstees and that we were not planning to use our proprietarY investment products. Again, I note in speaking with suzanne RosS of our Pittsburgh office, this was communicated to Edwin Hall. Thank you for your attention to his matter. Very truly yours: ...._-." .'- '. -" ,.,~'- David A. Brown Vice-President (717) 730-2382 cc: Mary C. Lewis, Register of Wills Clerk of Orphans' Court A member of The PNC Financial Services Group 4242 Carlisle Pike Camp Hill Pennsylvania 17011 t C/ ~~ STATUS REPORT UNDER RULE 6.12 Name of Decedent: t l=~ar'\c...-;'s)....\a \ \ Date of Death: d a", \ '2., '2.00 \ Will No. Admin. No. '2. t - 0 \ - 055 b 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 / 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 ~ 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 ~ No d. Copies of receipts, releases, joinders and approvals of formal or informal accounts may be filed with the Cerk of the Orphans' Court and may be attached to this report. ~ 9: -4--02 :K Signature Da te: ~c.f\.. 3, 2..00 '2.... :tdw,,, "):. k\~ \ \ :II. Name (Please type or print) 208 AUC6\). R~ ~a~ka."~ ~o.... \q 0 '-5 Address (610) ~76 ,..%t( $? b Te 1. No. /' Personal Representative Capacity: Counsel for personal representative (MAH:rmf/AM3) Cumberland County - Register Of Wills Hanover and High Street Carlisle, PA 17013 Phone: (717) 240-6345 ~ .; Date: 12/06/2002 HALL EDWIN F II 108 AUCOTT ROAD BROOKHAVEN, PA 19105 RE: Estate of HALL E FRANCIS File Number: 2001-00556 Dear Sir/Madam: It has come to my attention that you have not filed the Status Report by Personal Representative (Rule 6.12) in the above captioned estate. As per the AMENDMENTS TO SUPREME COURT ORPHANS' COURT RULES, NO. 103 SUPREME COURT RULES DOCKET NO.1, for decedents dying on or after July I, 1992, the personal representative or his counsel, within two (2) years of the decedent's death, shall file with the Register of Wills a Status Report of completed or uncompleted administration. This filing will become delinquent on: 1/12/2003 Your prompt attention to this matter will be appreciated. Thank You. Sincerely, MARY C. LEWIS REGISTER OF WILLS ~~~ cc: Aile Counsel Judge