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HomeMy WebLinkAbout08-15-05 .,l.'. (;": "t." .: 1 j:.: - r-~ , ~ r; ~',':~ " . '\~} l:.. (... ,t ~j ; lUU~ AU\:) 1.J \ II ,.... '" ... r'\ CO\( c.f.: ,~./', ..' (">' .__ '1'i -, , -.- /' ~ OZ ~O ~ 0 ~ 00...... ~ 10 u:l OE-t ~ ~ 8 o~~~ ~ is " O~..;lOOo.-l 8~~ U1 =::P:=~~~~ []"'" ~O<ZIO< t.) I ITI uooo~~ u:li&~ I'- oo~~~o ~ ~ u:lO .....=I zz~=~~ ~ " ~ ~.-4 ru ~o~~o~ Ou:l ..ll 1'&It.)l:) ru ~~o~~;3 o~~~ CJ "'~~z ; CJ ~f:)<.-4 ~ r:3 ~~ CJ E-4p:= 0 < ~ o~ CJ u:l~t.)H E-4~ ~ .... ~~~~ CJ II ~< eI'.l r'-l U1 I :?J' Le U1 CJ ~ CJ CJ I'- METTE, EVA.NS & WOODSIDE A PROFESSIONAL CORPORATION ATTORNEYS AT LAW 3401 NORTH FRONT STREET P.O. BOX 5950 HARRISBURG. PA 17110-0950 HOWELL C. METTE IRS NO. 23-1985005 TELEPHO~ (717) 232-5000 FAX (717) 236-1816 http://www.mette.com August 12, 2005 r,~ '-':'-=:) (~:.-;) en ,~. ) :~~... CERTIFIED MAIL RETURN RECEIPT REQUESTED ;.-) r.'''- (7) Ul I" ~) II Register of Wills Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 "0 w (.J1 Re: Estate of Robert H. Kalbach, Sr. No. 21-05-0011 Dear Sir/Madam: Enclosed herewith for filing are two copies of form REV-1500, Pennsylvania Inheritance Tax Return, for the Estate of Robert H. Kalbach, Sr. Also enclosed are the following: 1. Form 706, United States Estate (and Generation Skipping) Tax Return; 2. Check in the amount of$13.03 in payment of taxes due; and 3. Check in the amount of $15.00 in payment of the filing fee. Thank you. Sincerely, l~~~~ ~ .~tlVt Howell C. Mette HCM/lmg Enclosures 430421vl ,'J ,/-:":/ ..:""'.) .-> ~o "j[j C") :.., ':rJ C) I ~rl -' ,-"") . Ii'EV-1500 EX (6-00) OFFICIAL USE ONLY COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF REVENUE DEPT. 280601 HARRISBURG, PA 17128-0601 REV-1500 INHERITANCE TAX RETURN RESIDENT DECEDENT FILE NUMBER ...2.L COUNTY CODE -9L 0011___ YEAR NUMBER I- Z w C w U w C DECEDENl'S NAME (LAST, FIRST, AND MIDDLE INITIAL) Kalbach Sr. Robert DATE OF DEATH (MM-DD-YEAR) DATE OF BIRTH (MM-DD-YEAR) 11/17/2004 11/7/1925 (IF APPLICABLE) SURVIVING SPOUSE'S NAME (LAST, FIRST, AND MIDDLE INITIAL) Irene H. Kalbach CXJ 1. Original Return D 4. Limited Estate CXJ 6. Decedent Died Testate (Atlach copy of 'Mil) D 9. Litigation Proceeds Received H SOCIAL SECURIlY NUMBER 186-24-2216 THIS RETURN MUST BE FILED IN DUPLICATE WITH THE REGISTER OF WILLS SOCIAL SECURITY NUMBER 209-20-2720 w .... :ll:~(I) (J O:::ll: wll..O xOO (J 0::...1 ll..lC ll.. c( D 2. Supplemental Return 0 3. Remainder Return (date of death plior to 12-13-82) o 4a. Future Interest Compromise (date of death after 12-12-82) [XJ 5. Federal Estate Tax Return Required D 7. Decedent Maintained a Living Trust (Attach copy at Trust) _ 8. Total Number of Safe Deposit Boxes o 10. Spousal Poverty Credit Ida'o of ...th botween 12-31-91'00 H-95) 0 11. Election to tax under Sec. 9113(A)IAtlochSchOI .... Z w o z o Il. III W 0:: 0:: o Q THIS SECTION MUST BE COMPLETED. ALL CORRESPONDENCE AND CONFIDENTIALTAXINFORMATIONSHOULllBE DIRECTED TO: NAME COMPLETE MAILING ADDRESS Howell C. Mette Es ire 3401 North Front Street FIRM NAME (If Applicable) METTE, EVANS & WOODSIDE TELEPHONE NUMBER 717-232-5000 P.O. Box 5950 Harrisburg, PA 17110-0950 (4) (5) ~ r, .-'1:'"' '.:~~ CJ IT. . '...J 10.'-) ':":":rl ...., (c') ;"n 73,869.00 1,255,900.95 2,212,871.50 1,398,605.33 0.00 290.16 OEtIClAL USE ONL i:.; C) ::':"" ,j Ci ~i~ 1. Real Estate (Schedule A) (1) (2) 2. Stocks and Bonds (Schedule B) 3. Closely Held Corporation, Partnership or SoJe-Proprietorship (3) (J1 4. Mortg ages & Notes Receivable (Schedule D) 5. Cash, Bank Deposits & Miscellaneous Personal Property (Schedule E) ,') ;,..... r..,.,j z o i= :s ;:) I- 0: < u w c:: 6. JEJintJ Owned Property (Schedule F) Separate Billing Requested 7. Inter-Vivos Transfers & Miscellaneous Non-Probate Property (7) (Schedule G or L) (6) " C.J'cf, U1 343,075.06 8. Total Gross Assets (totel Lines 1-7) (8) 93,654.03 62,819.00 5,284,612.00 9. Funeral Expenses & Administrative Costs (Schedule H) (9) 10. Debts of Decedent, Mortgage Liabilities, & Liens (Schedule Q (10) 11. Tolal Deductions (total Lines 9 & 10) (11) 156,473.03 5,128,138.97 4,076,881.25 12. Net Value of Estate (Line 8 minus Line 11) 13. Charitable and Governmental Bequests/See 9113 Trusts for which an election to tax has not been made (Schedule J) (12) (13) 14. Net Value SUbJectto Tax (Line 12 minus Line 13) (14) 1,051,257.72 SEE INSTRUCTIONS ON REVERSE SIDE FOR APPLICABLE RATES 15. Amount of Line 14 taxable at the spousal tax 343,075.06 L(15) z rale, or transfers under Sec. 9116 (a)(1.2) x .0 0 ~ 16. Amount of Line 14 taxable at lineal rate 708,182.66 x .0 ~(16) < .... :;) 0.00 Il. 17. Amount of Line 14 taxable at sibling rale x .12 (17) :i! 0 0.00 (J 18. Amount of Line 14 taxable at collateral rate x .15 (18) >< < 19. Tax Due .... (19) 20. D CHECK HERE IF YOU ARE REQUESTING A REFUND OF AN OVERPAYMENT 0.00 31,868.22 0.00 0.00 31,868.22 > > BE SORE TO ~NSWER ALL QUESTIONS ON REVERSE SIDE AND RECHECK MATH < < 3W4645 1.000 ~ .. ecedents omPle e ress: STREET ADDRESS 1 West Lawn Circle Cumberland CITY I STATE I ZIP Wormlevsbura PA 17043- 1. Did decedent make a transfer and: Yes a. retain the use or income of the property transferred;. . . . . . . . . . . . . . . D b. retain the right to designate who shall use the property transferred or its income; . D c. retain a reversionary interest; or . . . . . . . . . . . . . . . . . . . . . . . . D d. receive the promise for life of either payments, benefits or care? . . . . . . . . . 0 2. If death occurred after December 12, 1982, did decedent transfer property within one year of death without receiving adequate consideration? . . . . . . . . . . . . . . . . . . . . . . . . . . ., 0 3. Did decedent own an "in trust for" or payable upon death bank account or security at his or her death? 0 4. Did decedent own an Individual Retirement Account, annuity, or other non-probate property which contains a beneficiary designation? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. IX] 0 IF THE ANSWER TO ANY OF THE ABOVE QUESTIONS IS YES, YOU MUST COMPLETE SCHEDULE G AND FILE IT AS PART OF THE RETURN. Under penalties of perjury, I declare that I hava examined this return, induding accompanying schedules and statements, and to the best of my knowledge and belief, n is true, correct and complete. Declaration of preparer othar than the personal representative is based on all infonnation of which preparer has any knowledge. SIGNA lURE OF PERSON RESPONSIBLE FOR FILING REl1JRN \ o . 'C I t Add Tax Payments and Credits: 1. Tax Due (Page 1 Line 19) 2. Credits/Payments A. Spousal Poverty Credit B. Prior Payments C. Discount (1) 0.00 30.262.43 1,592.76 Total Credits (A + 8 + C) (2) 3. Interest/Penalty if applicable D. Interest E. Penalty 0.00 0.00 Tota/lnterest/Penalty (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) 5. If Line 1 + line 3 is greater than Line 2, enter the difference. This is the TAX DUE. (5) A. Enter the interest on the tax due. (SA) 8. Enter the total of Line 5 + SA. This is the BALANCE DUE. Make Check Payable to: REGISTEROFWILLS,AGENT (58) PLEASE ANSWER THE FOLLOWING QUESTIONS BY PLACING AN "X" IN THE APPROPRIATE BLOCKS Irene M. Kalbach ADDRESS 1 West Lawn Circle SIGNATURE F PREPARER OTHER THAN REPRESENTATIVE Howell C. Mette, Es ire ADDRESS 3401 N. Front St., P.O. Box 5950 Harrisburg, PA 17110-0950 31,868.22 31,855.19 0.00 0.00 13.03 0.00 13.03 l~ No []j []j [jj Q1 og []I oly-- DATE ~ (\1-;- n~. - IW' ~.- For dates of death on or after July 1, 1994 and before January 1, 1995, the tax rate imposed on the net value of transfers to or for the use of the surviving spouse is 3% [72 P.S. ~ 9916 (a) (1.1) (OJ. 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 (')...\ I i \ D ro The statute does not exempt a transfer to a surviving spouse from tax, and the statutory requirements for disclosure of assets an,t'\.-i'''' . the surviving spouse is the only beneficiary. . .n...... ..........\e.. \q \5, LJV For dates of death on or after July 1, 2000: l,^J 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 ~ D 6 t3V or a stepparent of the child is 0% [72 P.S, ~ 9116(a)(1.2)]. .p..p D \ -.J . ':J.~S\ The tax rate imposed on the net value of transfers to or for the use of the decedent's lineal beneficiaries is 4.5%. except as noted in 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 .5. ~ 9116(a)(1.3)]. A sibli individual who has at least one parent in common with the decedent, whether by blood or adoption. 3W4646 1.000 COMMONWEAlTH OF PENNSYLVANIA INHERITANCE TAX RETURN RESIDENT DECEDENT SCHEDULE A REAL ESTATE REV.1502 EX + (6-98) ESTATE OF FILE NUMBER Robert H Kalbach. Sr. 21 05 0011 All real property owned solely or as a tenant In common must be reported at fair market value. Feir market value is defined as the price atlMlich property would be exchanged between e willing buyer and a willing seller. neither being compelled to buy or sell. both having reasonable knowledge of the relevent facts. Real property which Is Jolntly-owned wlt/1 right of survivorship must be disclosed on Schedule F. N01r~R DESCRIPTION 1. 2.5 acres vacant land w/o access, Crooked Hill Road and Paxton Church Road, Susquehanna Township, Dauphin COunty, PA. Valued per appraisal of L.G. Connor Real Estate Appraisers VALUE AT DATE OF DEATH 7,000.00 2 Vacant lot, 1210 State Street, Harrisburg, Dauphin County, PA, 1.75 acres. Assessed value $13,400 x 1.14 CLR 15,276.00 3 Vacant lot, Camp Hill Borough/ East Pennsboro Township; both sides of Center Street, Lots 119 and 120. Assessed #119 #120 values - $22,880 $23,600 $46,480 1.11 $51,593 51,593.00 x 3W4695 1.000 TOTAL (Also enter on line 1. Recapitulation) (If more space is needed. insert additional sheets of the same size) $ 73,869.00 REV-1503 EX. (6-98) COMMONWEALTH OF PENNSYLVANIA INHERITANCE TAX RETURN RESIDENT DECEDENT ESTATE OF SCHEDULE B STOCKS & BONDS FILE NUMBER Robert H Kalbach. Sr. 21 05 0011 All property jointly-owned with right of survivorship must be disclosed on Schedule F. ITEM NUMBER 1.27,618 27,618 P.L.C. CUSIP: DESCRIPTION VALUE AT DATE OF OEA TH Shares shares Allied Irish Bks. sponsored ADR ORD 019228402 1,031,394.21 2 4,062 Shares 4,062 shares common stock PNC Financial Service Group, Inc. CUSIP: 693475105 224,506.74 3W4696 1.000 TOTAL (Also enter on line 2. Recapitulation) $ (If more space is needed. insert additional sheets of the same size) 1,255,900.95 REV-1504 EX + (6-98) COMMONWEALTH OF PENNSYLVANIA INHERITANCE TAX RETURN SCHEDULE C CLOSELY.HELD CORPORATION, PARTNERSHIP OR SOLE-PROPRIETORSHIP ESTATE OF FILE NUMBER Robert H Kalbach, Sr. 2105 0011 Schedule C-t or C-2 (including all supporting information) must be attached for each closely-held corporation/partnership interest of the decedent, other than a sole-proprietorship. See instructions for the supporting information to be submitted for sole-proprietorships. ITEM NUMBER DESCRIPTION VALUE AT DATE OF DEATH 1. 6,000 Shares 6,000 shares common stock, C.A. Hempt Estate, Inc. 1,490,280.00 2 250 Shares 250 shares common stock Freedom Equi.pment, Inc. 167,417.50 3 1% i.nterest i.n Kalbach Associ.ates Limi.ted Partnership, a Delaware limi.ted partnership U/A OS/25/2000 14,699.00 4 2,500 Shares 2,500 shares common stock, Pavex, Inc. 540,475.00 3W4697 1.000 TOTAL (Also enter on line 3. Recapitulation) (If more space is needed, insert additional sheets of the same size) $ 2,212,871.50 .REV-1505 EX + (6-98) COMMONWEAL ll-i OF PENNSYLVANIA INHERITANCE TAX RETURN RESIDENT DECEDENT ESTATE OF SCHEDULE C-1 CLOSEL V-HELD CORPORATE STOCK INFORMATION REPORT FILE NUMBER Robert H Kalbach. Sr. 21 05 0011 1. Name of Corporation Pavex , Inc. Address 4400 Old Gettysburg Road State of Incorporation PA Date of Incorporation 3/13/1972 City Camp Hill State PA Zip Code 17011 Total Number of Shareholders 2 2. Federal Employer 1.0. Number 23-1873462 3. Type of Business Construction Business Reporting Year 12/31/2004 ProducUService Pavinq and excavation 4. I STOCK TYPE TOTA\.;NUMBEROF .. ;t'll.lM~~~()F~~~~\' VALUE OF THE I Voting/t-llwVotlllg SHARES OUTSTANDING PARVALUE "OWNEb"BYTHEDECEDENT DECEDENT'~ STOCK Com mon Vo tinq 2 1.7 3 1 1 0 0 2 5 0 0 $ 5 4 0 4 7 5 0 0 Preferred $ Provide all rights and restrictions pertaining to each class of stock. 5. Was the decedent employed by the Corporation~ . . . . . . . . . . . . . . . . . . . . . . . . [1g Yes o No If yes, Position Chairman of Bd Annual Salary $ 52 r 000 .00 Time Devoted to Business 100% . . . . . . . . .. [1g Yes 0 No 1.148.073.72 6. Was the Corporation indebted to the decedent? . If yes, provide amount of indebtedness $ 7. Was there life insurance payable to the corporation upon the death of the decedent? .., 0 Yes [1g No If yes, Cash Surrender Value $ Owner of the policy 0.00 Net proceeds payable $ 0.00 8. Did the decedent sell or transfer any stock in this company within one year prior to death or within two years if the date of death was prior to 12-31-82? DYes 00 No If yes, 0 Transfer 0 Sale Number of Shares 0 Transferee or Purchaser Consideration $ 0 . 00 Date Attach a separate sheet for additional transfers and/or sales. 9. Was there a written shareholder's agreement in effect at the time of the decedent's death?. 0 Yes If yes, provide a copy of the agreement. 00 No 10. Was the decedent's stock sold? . . . . ....................... DYes []j No If yes, provide a copy of the agreement of sale, etc. 11. Was the corporation dissolved or liquidated after the decedent's death? . . . . . . . . . .. 0 Yes !l9 No If yes, provide a breakdown of distributions received by the estate, including dates and amounts received. 12. Did the corporation have an interest in other corporations or partnerships? . . . . . . . . . . .0 Yes 00 No If yes, report the necessary information on a separate sheet, including a Schedule C-1 or C-2 for each interest. THE FOLLOWING INFORMATION MUST BE SUBMITTED WITH THIS SCHEDULE A. Detailed calculations used in the valuation of the decedent's stock. B. Complete copies of financial statements or Federal Corporate Income Tax returns (Form 1120) for the year of death and 4 preceding years. C. If the corporation owned real estate, submit a list showing the complete address/es and estimated fair market value/s. If real estate appraisals have been secured, attach copies. D. list of principal stockholders at the date of death, number of shares held and their relationship to the decedent. E list of officers, their salaries, bonuses and any other benefits received from the corporation. F. Statement of dividends paid each year. List those dedared and unpaid. G. Any other information relating 10 the valuation of the decedent's slock. (If more space is needed, insert additional sheets of the same size) 4W4698 1.000 COMMONWEALTH OF PENNSYLVANIA INHERITANCE TAX RETURN RESIDENT DECEDENT ESTATE OF SCHEDULE C-1 CLOSELY-HELD CORPORATE STOCK INFORMATION REPORT .REV.1505 EX + (6-98) FILE NUMBER Robert H Kalbach. Sr. 21 05 0011 1. Name of Corporation Freedom Equipment, rnc. Address 4400 Old Get~!;burg Road State of Incorporation PA Date of Incorporation 7/25/1990 City Camp Hill State PA Zip Code 17011 Total Number of Shareholders 2 2. Federal Employer 1.0. Number 25-1637658 3. Type of Business Equipment rental Business Reporting Year Product/Service Construction equipment 4. I TYPE TOTAI..NUfliIBi:ROf .. NU~BEROFSHARES VALUEOHHEI S.TOCK V6tinglNonNoting SHARES OUTSTANDING PAR VALUE OWNEI?BYTHE DeCEDENT DECEPENT'SSTOCt( . Common Votinq 2.500 0 00 250 $ 1 67,418 00 Preferred $ Provide all rights and restrictions pertaining to each class of stock. 5. Was the decedent employed by the Corporation~ . . . . . . . . . . . . . . . . . . . . . . .. DYes o No If yes, Position Vice President Annual Salary $ o . 00 Time Devoted to Business 6. Was the Corporation indebted to the decedent? . If yes, provide amount of indebtedness $ ... DYes 00 No 0.00 7. Was there life insurance payable to the corporation upon the death of the decedent? ... 0 Yes [29 No If yes, Cash Surrender Value $ Owner of the policy o . 00 Net proceeds payable $ 0.00 8. Did the decedent sell or transfer any stock in this company within one year prior to death or within two years if the date of death was prior to 12-31-82? DYes 00 No If yes, 0 Transfer 0 Sale Number of Shares 0 Transferee or Purchaser Consideration $ 0 . 00 Date Attach a separate sheet for additional transfers and/or sales. 9. Was there a written shareholder's agreement in effect at the time of the decedent's death?. 0 Yes If yes, provide a copy of the agreement. lliI No 1 Q. Was the decedent's stock sold? . . . . ....................... DYes 119 No If yes, provide a copy of the agreement of sale, etc. 11. Was the corporation dissolved or liquidated after the decedent's death? . . . . . . . . . .. 0 Yes [l9 No If yes. provide a breakdown of distributions received by the estate, including dates and amounts received. 12. Did the corporation have an interest in other corporations or partnerships? . . . . . . . . . . .0 Yes 00 No If yes, report the necessary information on a separate sheet, including a Schedule C-1 or C-2 for each interest. THE FOllOWING INFORMATION MUST BE SUBMITTED WITH THIS SCHEDULE A. Detailed calculations used in the valuation of the decedent's stock. B. Complete copies of financial statements or Federal Corporate Income Tax returns (Form 1120) for the year of death and 4 preceding years. C. If the corporation owned real estate, submit a list showing the complete address/es and estimated fair market value/s. If real estate appraisals have been secured, attach copies. D. List of principal stockholders at the date of death, number of shares held and their relationship to the decedent. E List of officers, their salaries, bonuses and any other benefits received from the corporation. F. Statement of dividends paid each year. List those declared and unpaid. G. Any other information relating to the valuation of the decedent's stock. (If more space is needed, insert additional sheets of the same size) 4W4698 1.000 .REV-1505 EX + (6-98) COMMONWEALTH OF PENNSYLVANIA INHERITANCE TAX RETURN RESIDENT DECEDENT ESTATE OF SCHEDULE C-1 CLOSELY-HELD CORPORATE STOCK INFORMATION REPORT FILE NUMBER Robert H Kalbach. Sr. 21 05 0011 1. Name of Corporation C.A. Hempt Estate, Inc. Address 205 Crgek Road State of Incorporation PA Date of Incorporation 1/9/1958 City Camp Hill State PA Zip Code 17011 Total Number of Shareholders 9 2. Federal Employer 1.0. Number 23-1536237 3. Type of Business Real estate rental Business Reporting Year 12/31/2004 ProducUService Real estate 4. I STOCK TYPE TOTAL NUMBER OF PAR VALUE ~g~BEROF StiARES VALUE OF THE ] Voting/Noll-Voting SHARESOlJTS TANDING OWNED BY THE DECEDENT DECEDENT'SSTOOK Common Votina 24 000 1 00 6.000 $ 1.490.280 00 Preferred $ Provide all rights and restrictions pertaining to each class of stock. 5. Was the decedent employed by the Corporation? . . . . . . . . . . . . . . . . . . . 0 Yes 00 No If yes, Position Annual Salary $ o . 00 Time Devoted to Business 6. Was the Corporation indebted to the decedent? . If yes, provide amount of indebtedness $ . DYes 00 No 0.00 7. Was there life insurance payable to the corporation upon the death of the decedent? ... 0 Yes 00 No If yes, Cash Surrender Value $ Owner of the policy o . 00 Net proceeds payable $ 0.00 8. Did the decedent sell or transfer any stock in this company within one year prior to death or within two years if the date of death was prior to 12-31-82? DYes 0 No If yes, 0 Transfer 0 Sale Number of Shares 0 Transferee or Purchaser Consideration $ 0 . 00 Date Attach a separate sheet for additional transfers and/or sales. 9. Was there a written shareholder's agreement in effect at the time of the decedent's death?. 0 Yes If yes, provide a copy of the agreement. 00 No 10. Was the decedent's stock sold? . . . . ...................... DYes [1g No If yes, provide a copy of the agreement of sale, etc. 11. Was the corporation dissolved or liquidated after the decedent's death? . . . . . . . . . ., 0 Yes 00 No If yes, provide a breakdown of distributions received by the estate, including dates and amounts received. 12. Did the corporation have an interest in other corporations or partnerships? . . . . . . . . . . .0 Yes 00 No If yes, report the necessary information on a separate sheet, including a Schedule C-1 or C-2 for each interest. THE FOllOWING INFORMATION MUST BE SUBMITTED WITH THIS SCHEDULE A. Detailed calculations used in the valuation of the decedent's stock. B. Complete copies of financial statements or Federal Corporate Income Tax returns (Form 1120) for the year of death and 4 preceding years. C. If the corporation owned real estate, submit a list showing the complete address/es and estimated fair market value/s. If real estate appraisals have been secured, attach copies. D. List of principal stockholders at the date of death, number of shares held and their relationship to the decedent. E List of officers, their salaries, bonuses and any other benefits received from the corporation. F. Statement of dividends paid each year. List those declared and unpaid. G. Any other information relating to the valuation of the decedent's stock. (If more space is needed, insert additional sheets of the same size) 4W4698 1.000 REV-l506 EX + (9-00) COMMONWEALTH OF PENNSYLVANIA INHERrrANCE TAX RETURN RESIDENT DECEDENT SCHEDULE C-2 PARTNERSHIP INFORMATION REPORT ESTATE OF FILE NUMBER Robert H Kalbach, Sr. 1. Name of Partnership Kalbach Associates Limited partnersh Address 4400 Old Get~sburg Road City Camp Hill 2. Federal Employer 1.0. Number 25-1866888 3. Type of Business Real estate manageme ProducUService Real estate 21 05 0011 Date Business Commenced 5/26/2000 Business Reporting Year 12/31/2004 State PA Zip Code 17011 4. Decedent was a IX] General 0 Limited partner. If decedent was a limited partner, provide initial investment $ 0.00 5. PARTNER NAME PERCENT OF INCOME PERCENT OF OWNERSHIP BALANCE OF CAPITAL ACCOUNT A. B. Irene M. Kalbach C. Richard C. Kalbach Trustee r 1.0000 49.0000 4 1.0000 49.0000 14 699.00 720 244.00 72 D. h 6. Value of the decedent's interest $ 7. Was the Partnership indebted to the decedent? If yes, provide amount of indebtedness $ 14,699.00 ..... .....0 Yes !XI No 0.00 8. Was there life insurance payable to the partnership upon the death of the decedent? . 0 Yes [X! No If yes, Cash Surrender Value $ Owner of the policy 9. Did the decedent sell or transfer an interest in this partnership within one year prior to death or within two years if the date of death was prior to 12-31-82? o Yes [XI No If yes, 0 Transfer 0 Sale Percentage transferred/sold 0.0000 0.00 Net proceeds payable $ 0.00 Transferee or Purchaser Attach a separate sheet for additional transfers and/or sales. Consideration $ 0.00 Date 10. Was there a written partnership agreement in effect at the time of the decedent's death? If yes, provide a copy of the agreement. !Xl Yes 0 No 11. Was the decedent's partnership interest sold? . . . . . . If yes, provide a copy of the agreement of sale, etc. o Yes ~ No 12. Was the partnership dissolved or liquidated after the decedent's death? . . . . . . . . . . . . . . . 0 Yes [X! No If yes, provide a breakdown of distributions received by the estate, including dates and amounts received. 13. Was the decedent related to any of the partners? . . . . . . . . . . . . . . . . . If yes, explain 14. Did the partnership have an interest in other corporations or partnerships? . . . . . . . . . . . . . . 0 Yes m No If yes, report the necessary information on a separate sheet, including a Schedule C-1 or C-2 for each interest I THE FOLLOWING INFORMATION MUST BE SUBMITTED WITH THIS SCHEDULE A. Detailed calculations used in the valuation of the decedent's partnership Interest. B. Complete copies of financial statements or Federal Partnership Income Tax returns (Form 1065) for the year of death and 4 preceding years. C. If the partnership owned real estate, submit a list showing the complete address/es and estimated fair market value/s. If real estate appraisals have been secured, attach copies. D. Any other information relating to the valuation of the decedent's partnership interest. 4W4699 1.000 !XI Yes 0 No Estate of: Robert H Kalbach, Sr. Schedule C-2 (Page 2) Partner Name Percent of Income Robert H. Kalbach, Sr. 1.0000 186-24-2216 Percent of Ownership Ba~ance of Capi tal Account 1.0000 14,699.00 'REV-1507 EX + (6-98) COMMONWEALTH OF PENNSYLVANIA INHERITANCE TAX RETURN RESIDENT DECEDENT ESTATE OF Robert H Kalbach. Sr. SCHEDULE D MORTGAGES & NOTES RECEIVABLE FILE NUMBER 21 05 0011 All property Jolntly-owned wltl1 right of survivorship must be disclosed on Schedule F. ITEM NUMBER DESCRIPTION VALUE AT DATE OF DEATH 1 Note receivable, Freedom Equipment, Inc. 2 Note Receivable, Pavex, Inc. 250,531.61 1,148,073.72 3W46AC 1,000 TOTAL (Also enter on line 4, Recapitulation) $ (If more space is needed, insert additional sheets of same size) 1,398,605.33 REV-1509 EX. (6-98) COMMONWEALTH OF PENNSYLVANIA INHERITANCE TAX RETURN RESIDENT DECEDENT ESTATE OF Robert H Kalbach. Sr. SCHEDULE F JOINTLY-OWNED PROPERTY FILE NUMBER 21 05 0011 If an asset was made joint within one year of the decedent's date of death, It must be reported on Schedule G. SURVIVING JOINT TENANT(S) NAME ADDRESS RELA llONSHIP TO DECEDENT A. Kalbach, Jr., Robert H 6339 Creek View Road, Mechanicsburg, PA 17050 Son B. Kalbach, Richard C 3 Manassas Court, Mechanicsburg, PA 17050 Son c. JOINTLY -OWNED PROPERTY: LETTER DATE DESCRIPllON OF PROPERTY %OF DATE OF DEATH ITEM FOR JOINT MADE INCLUDE NAME OF FINANCIAl. INSTITUTION PJoC) BANK ACCOUNT DATE OF DEATH DECO'S VALUE OF N..MBER QR SIMIlAR IDENTIFYING NUMBER. ATTACH DEED FOR NUMBER TENANT JOINT JOIW!lY-IRO REAL ESTATE. VALUE OF ASSET INTEREST DECEDENTS INTEREST 1. A. 1 AB 4/1/2003 Checking Account #0571142737, owned jointly with Robert H. Kalbach, Jr. and Richard C. Kalbach. The source was a partnership in which each owner held a 1/3 interest so each is deemed to have paid consideration for the account. Only the decedent's 1/3 is includable in his estate. 870.49 33.3300 290.16 TOTAL (Also enter on line 6 Recaoitulation) $ 290.16 3W46AE 1.000 (If more space is needed, insert additional sheets of the same size) REV-1510 EX' (6-98) SCHEDULE G INTER-VIVOS TRANSFERS & MISC. NON-PROBATE PROPERTY COMMONWEALTH OF PENNSYLVANIA INHERITANCE TAX RETURN RESIDENT DECEDENT ESTATE OF Robert H Ka~bach, Sr. FILE NUMBER 21 05 0011 This schedule must be completed and filed If the answer to any of questions 1 through 4 on the reverse side of the REV-1500 COVER SHEET is yes. DESCRIPTION OF PROPERTY ITEM IN::U.OE THO NOME OF THO TRANSFEREE. THEIR RELATIONSHIP TO DECEDE/oll' AICJ DATE OF DEATH % OF DECO'S EXCLUSION TAXABLE NUMBEF THE DATE OF 'T1<ANSFER. ATTACHACOPY OF THE DEED FOR REAL ESTATE. VALUE OF ASSET INTEREST (IF APPUCABLEl VALUE 1. The Hartford Variab~e Annuity #710507347, decedent's IRA; Irene M. Ka~bach, beneficiary 38,725.81 100.0000 0.00 38,725.81 2 Pavex, Inc. Retirement P~an; Irene M. Ka~bach, beneficiary 304,349.25 100.0000 0.00 304,349.25 TOTAL (Also enter on line 7, Recapitulation) $ 343.075.06 (If more space is needed, insert additional sheets Dfthe same sjze) I ~W46AF 1.000 REV-1511 EX~(12-99) COMMONWEALTH OF PENNSYLVANIA INHERITANCE TAX RETURN RESIDENT DECEDENT ESTATE OF Robert H Kalbach. Sr. ITEM NUMBER A. B. 3W46AG 1.000 FUNERAL EXPENSES: 1. SCHEDULE H FUNERAL EXPENSES & ADMINISTRATIVE COSTS Debts of decedent must be reported on Schedule I. DESCRIPTION 2 Grave Marker Blooms to Bouquets - flowers Total from continuation schedules 1. ADMINISTRATIVE COSTS: Personal Representative's Commissions Name of Personal Representative(s) Social Security Number(s) ( EIN Number of Personal Representative(s) Street Address City Year(s) Commission Paid: 2. Attorney Fees State Zip Family Exemption: (If decedent's address is not the same as claimant's, attach explanation) Claimant Irene M. Kalbach Street Address 1 West Lawn Circle 3. City Wormleysburg Relationship of Claimant to Decedent SURVIVING SPOUSE State PA Zip 17043 4. Probate Fees 5. Accountant's Fees 6. Tax Return Preparer's Fees 7. None FILE NUMBER 21 05 0011 TOTAL (Also enter on line 9, Recapitulation) (If more space is needed, insert additional sheets of the same size) $ AMOUNT 583.00 235.00 13,876.03 75,000.00 3,500.00 460.00 93 654.03 186-24-2216 Estate of: Robert H Kalbach, Sr. Item No. 3 4 Schedule H Part 1 (Page 2) Description Amount Neill Funeral Home 10,841. 38 West Shore Country Club - reception 3,034.65 Total (Carry forward to main schedule) 13,876.03 .. REV-1512 EX. (12-03) COMMON\NEAL TH OF PENNSYLVANIA INHERITANCE TAX RETURN RESIDENT DECEDENT ESTATE OF Robert H Kalbach. Sr. SCHEDULE I DEBTS OF DECEDENT, MORTGAGE LIABILITIES, & LIENS FILE NUMBER 21 05 0011 Report debts incurred by the decedent prior to death which remained unpaid as of the date of death, including unreimbursed medical expenses. ITEM NUMBER 1. DESCRIPTION VALUE AT DATE OF DEATH U.S. Treasury - balance 2004 federal personal income tax 62,819.00 3W46AH 2.000 TOTAL (Also enter on line 10, Recaoitulation) $ (If more space is needed, insert additional sheets of the same size) 62.819.00 REV-1513 EX+ (9-00) COMMONWEALTH OF PENNSYLVANIA INHERITANCE TAX RETURN RESIDENT DECEDENT ESTATE OF Robert H Kalbach Sr SCHEDULE J BENEFICIARIES FILE NUMBER 21 05 0011 1 NAME AND ADDRESS OF PERSON(S) RECEIVING PROPERTY TAXABLE DISTR I BUTIONS [include outright spousal distributions, and transfers under Sec. 9116 (a) (1.2)] Irene H. Kalbach 1 West Lawn Circle Wormleysburg, PA 17043 RELATIONSHIP TO DECEDENT Do Not List Trustee(s) AMOUNT OR SHARE OF ESTATE NUMBER I Pavex, Inc. Retirement Plan; Irene M. Kalbach, beneficiary Inventory Value: 304,349.25 The Hartford Variable Annuity #710507347( decedent's IRA; Irene M. Kalbach ( beneficiary Inventory Value: 38,725.81 Surviving Spouse 343,075.06 ENTER DOLLAR AMOUNTS FOR DISTRIBUTIONS SHOWN ABOVE ON LINES 15 THROUGH 18, AS APPROPRIATE, ON REV-1500 COVER SHEET II NON-TAXABLE DISTRIBUTIONS: A SPOUSAL DISTRIBUTIONS UNDER SECTION 9113 FOR WHICH AN ELECTION TO TAX IS NOT BEING MADE 1 Robert H. Kalbach Trust A - Credit Trust 404,152.48 2 Robert H. Kalbach Trust B - Marital Trust 3,672,728.77 B. CHARITABLE AND GOVERNMENTAL DISTRIBUTIONS 3W46AI 1.000 TOTAL OF PART 11- ENTER TOTAL NON.TAXABLE DISTRIBUTIONS ON LINE 13 OF REY.1500 COYER SHEET (If more space IS needed, insert additional sheets of the same size) $ 4,076 881. 25 " Estate of: Robert H Kalbach, Sr. Schedule J Part 1 (paqe 2) Item No. Description 2 Robert H. Kalbach, Jr. 6339 Creek View Road Mechanicsburq, PA 17050 General Bequests: 145.08 2,500 Shares 2,500 shares common stock, Pavex, Inc. Inventory Value: 540,475.00 250 Shares 250 shares common stock Freedom Equipment, Inc. Inventory Value: 167,417.50 Son 3 Richard C. Kalbach 3 Manassas Court Mechanicsburq, PA 17050 General Bequests: 145.08 Son 186-24-2216 Relation Amount 708,037.58 145.08 IYll::.l 1 1::., ~Yl"\.l"'w c.x; VY\J'V.L.I.::JILJJ::. ATTORNEYS AT LAW HARRISBURG, PENNiiYLVANIA 17110-0950 Last Will and T estam.ent OF ROBERT H. KALBACH I, ROBERT H. KALBACH, of the Borough ofWormleysburg, Cumberland County, Pennsylvania, do make, publish and declare this to be my Last Will and Testament, hereby revoking all Wills and Codicils by me at any time made. ITEM I: I direct that all inheritance and estate taxes (other than generation-skipping tax) becoming due by reason of my death, whether payable by my estate or by any recipient of any property, shall be paid by the Executor out of the residue of my estate, as an expense and cost of administration of my estate. The Executor shall have no duty or obligation to obtain reimbursement for any such tax so paid, even though on proceeds of insurance or other property not passing under this Will. ITEM II: I direct the Executor to pay the expenses of my last illness and funeral expenses from the residue of my estate as an expense and cost of administration of my estate. ITEM III: I give all automobiles, personal and household effects and other tangible personal property owned by me at my death, together with all insurance thereon, to my wife, IRENE M. KALBACH, if she survives me by 30 days. If my wife fails to survive me by 30 days, such tangible personal property shall be distributed in shares of approximately equal value to such of my sons, ROBERT H. KALBACH, JR. and RICHARD C. KALBACH, as survive me by 30 days; provided, however, that if either of my sons fails to survive me by 30 days, the share to which he would have been entitled had he so survived me shall be distributed in shares of approximately equal value to such of his children as so survive me; and Pagel --f\~ provided further, that ifboth of my sons fail to survive me by 30 days, such items shall be distributed in shares of approximately equal value to such of my grandchildren as so survive me. In the event that a minor grandchild of mine becomes entitled to any items of tangible personal property, such items may be delivered to the grandchild or to an adult with whom the grandchild resides at such time or times, whether before or at majority, as my Executors may think appropriate, and the receipt of the grandchild or of such adult shall discharge the Executors from all further liability with respect thereto. ITEM IV: I give and bequeath all of my shares of stock of Pave x, Inc. and Freedom Equipment, Inc. to my son, ROBERT H. KALBACH, JR., ifhe survives me. ITEM V: I give the residue of my estate, not disposed of in the preceding portions of this Will, to my wife, IRENE M. KALBACH, and my son, ROBERT H. KALBACH, JR., as Trustees (hereinafter collectively referred to as "Trustee"), IN TRUST, to be divided into two parts, each of which shall constitute separate trust funds to be known as "Trust A" and "Trust B". "Trust A": "Trust A" shall consist of a fraction of my residuary estate. The numerator shall be a sum equal to the largest amount that can pass free of Federal estate tax under my Will by reason of the unified credit and the state death tax credit (provided that the use of this credit does not require an increase in state death taxes) allowable to my estate but no other credit and after taking account of dispositions under other items of this Will and property passing outside of this Will which do not qualify for the marital or charitable deduction and after taking account of charges to principal that are not allowed as deductions ~W.~ Page 2e ..,....._"~ti,_,........-~ ,-~\~-tt in computing my Federal estate tax. The denominator shall be the value of my residuary estate. For purposes of establishing this fraction, the values fmally fIxed in the Federal estate tax proceeding relating to my estate shall be used. I recognize that the numerator of this fraction may be zero (0), in which case no property shall pass to "Trust A". I also recognize that the numerator may be affected by the action of the Executor in exercising certain tax elections. "Trust B": "Trust B" shall consist of the balance of my residuary estate not placed in "Trust A". ITEM VI: The following provisions shall apply to Trust "A": (a) The Trustee shall pay to or for the benefit of my wife, IRENE M. KALBACH, all of the net income of this Trust in convenient installments, but not less frequently than annually. The Trustee shall also pay to my wife, so much of the principal of this Trust as may be necessary for the proper support, maintenance and medical care of my wife. (b) Upon the death of my wife, the Trustee shall pay over all of the remaining assets, to one or all, or less than all of my issue, in the amounts, and in the estates, in trust or otherwise, as my wife may direct, making specific reference to this Power of Appointment, either by written instrument filed with the Trustee during her lifetime or by her Will. In no event may this Power of Appointment be exercised in favor of my wife, her estate or creditors of either. Page 3 f~~~ _";r~.Jt~~~'r,;,.,~<j~l\~~,:~~~:::~~,.:~::,,,:,: _;_:;"+~. ,...."""'~4''''. (c) Iftms Power of Appointment is not exercised by my wife, in whole or in part during her lifetime, or in her Will, then upon the death of my wife, the Trustee shall distribute the remaining unappointed assets available for distribution as follows: (1) The Trustee shall distribute to my son, ROBERT H. KALBACH, JR., and LE TORT TRUST & MANAGEMENT COMPANY, the lesser of the sum of ONE MILLION ($1,000,000) DOLLARS, or ONE-THIRD (l/Wd) of the remaining unappointed assets available for distribution, IN TRUST NEVERTHELESS, for the following uses and purposes: A. The Trustee shall pay to or for the benefit of my son, RICHARD C. KALBACH (the "Beneficiary"), all of the net income of this Trust in convenient installments, but not less frequently than annually. The Trustee shall also pay to the Beneficiary so much of the principal of this Trust as may be necessary for the proper support, maintenance and medical care of the Beneficiary . B. Upon the death of the Beneficiary, the Trustee shall pay over all of the remaining assets, to one or all, or less than all of the issue of the Beneficiary, in the amounts, and in the estates, in trust or otherwise, as my son may direct, making IWl~~'z.. Page 4 '-. --'>"_''''''-''~-'''''''' ,.r...'~.""-~:':""'" specific reference to this Power of Appointment, either by written instrument filed with the Trustee during his lifetime or by his Will. In no event may this Power of Appointment be exercised in favor of the Beneficiary, his estate or creditors of either. C. If this Power of Appointment is not exercised by the Beneficiary in whole or in part during his lifetime, or in his Will, then upon the death of the Beneficiary, the Trustee shall divide the unappointed principal into as many equal parts as there are then living children of the Beneficiary and then deceased children of the Beneficiary represented by then living issue. The Trustee shall distribute one share to each living child, and shall hold one share as a separate Trust for the benefit of the issue of each deceased child, per stirpes. D. In each Trust established for the benefit of the issue of a deceased child of the Beneficiary, the Trustee shall quarterly pay the net income to or for the benefit of the issue of such deceased child, per stirpes, living at each time of quarterly distribution. As soon as any issue of such deceased child Page 5 ...., "'"",,,,',',"".";f.:.''-'''''\p;.;<:. . :"';1 "';'~;,,,..:,.;;,,\;;,..::"><.- ,0,:'. ~ ,~,_ '_._' '__"~_'~'~ .< '''',' c..,_~,..-.,:__,~"_:,,,~,~.,''. "":,~ _~ ;":::-:-;"'..-. ~,.;g:.:~"~':-'.".~:"~'.' _":-;::':' attains the age of twenty-one (21) years, and in no event later than twenty (20) years following the death of the Beneficiary, the Trustee shall distribute the remaining principal to the then living issue of such deceased child, per stirpes. (2) The balance of the remaining unappointed assets available for distribution shall be distributed to my son, ROBERT H. KALBACH JR. If he is not then living but is survived by a then living widow, a portion of his share shall be set aside as a separate Trust for her benefit, as provided in paragraph (d) of this ITEM VI. The balance of his share shall be paid to his then living issue, per stirpes, or if no issue of his is then living; to my then living issue, per stirpes. Cd) The widow's portion of my son, ROBERT H. KALBACH, JR.'s, share shall be the lesser of Ci) one-third (1/3) thereof or (ii) the fraction 1/(N + 1), where "N" is the number of children of his then living or then deceased but survived by then living issue. The widow's portion shall be held as a separate Trust, and the income thereof shall be paid to her at least quarterly for life. Upon the death of my son's widow, the remaining principal shall be paid to his then living issue, per stirpes, or if no issue of his is then living, to my then living issue, per stirpes; provided, however, that if both of my sons were deceased upon the death of the survivor of my wife and me, the remaining principal shall instead be paid to my issue living upon my son's widow's death, per stirpes. Page 6 NfK ITEM VII: The following provisions shall apply to "Trust B": (a) Trustee shall, beginning at my death, pay over all of the net income of this Trust in convenient installments, but not less frequently than annually, to my wife, IRENE M. KALBACH, during her lifetime. The Trustee shall also, from time to time, pay to my wife so n:l.Uch of the principal of this Trust as may be necessary for the proper support, maintenance and medical care of my wife. (b) Upon the death of my wife, the Trustee shall pay all accrued income and all income accumulated but undistributed to the estate of my deceased wife. The Trustee shall thereafter transfer the principal of this Trust to "Trust A" to be held, administered and distributed in accordance with the provisions of ITEM VI of this Will. (c) If my wife should not survive me, the provisions of "Trust B" shall be void. The part of my estate which would have constituted "Trust B" shall be added to "Trust A" to be disposed of in accordance with ITEM VI of this Will. (d) The Executor is authorized in the Executor's exclusive and unrestricted discretion to determine whether to elect (under Section 2056(b)(7) of the Internal Revenue Code of 1986 as amended, or any corresponding provision of the Federal estate law), to qualify all, none or a fraction of "Trust B" for the Federal estate tax marital deduction. The Executor's decision with respect to this election shall be binding upon all persons. Only property which is fully eligible for the marital deduction under Federal estate tax law shall be assigned to this Trust. Notwithstanding anything to the contrary contained in this Will, the Page 7 -~ ~.......,. Trustee shall not retain or invest in any property which is or becomes unproductive. Notwithstanding the provisions of subparagraph (b) of this Item, the Trustee shall promptly pay to the Executor of my wife's estate, out of the principal of this Trust upon the death of my wife, an amount equal to the estate, inheritance, transfer, succession and other death taxes ("death taxes"), Federal, state and other, payable by reason of the inclusion of the value of Trust property in my wife's estate. This payment shall equal the amount by which (1) the total of the death taxes paid by my wife's estate exceeds (2) the total of the death taxes which would have been payable if the value of the Trust property had not been included in her estate. My wife's Executor shall determine the amount payable, and the determination shall be fInal. The determination of the amount due shall be based upon values as finally determined for Federal estate tax purposes in my wife's estate. Mter payment of the amount determined to be due hereunder, the Trustee shall be discharged from any further liability with respect to payment. My wife may waive her estate's right to payment under this subparagraph by Will, executed after my death, in which she specifically refers to this right. . ITEM VIII: Tbe Executor and the Trustee shall each possess the following powers, each of which may be exercised without court approval and in a fiduciary capacity only: (a) To retain any investments I have at my death, including specifically those consisting of stock of any bank even if I have named that bank as the Executor or Trustee. (b) To vary investments, and to invest in bonds, stocks, notes, real estate mortgages or other securities or in other property, real or P~e8 ~~ , . ______~.~.~".-t'.._c"'...",.~';_:~~-;,;-';:::::;~;~;.. ,'_' '~. ,', :;;,. "",~,,""-"''''''' personal, without being restricted to so~called "legal investments", and without being limited by any statute or rule of law regarding investments by fiduciaries. (c) In order to divide the principal of a Trust or for any other purpose, including final distributions, the Executor and Trustee are authorized to divide and distribute personal property and real property, partly or wholly in kind, and to allocate specific assets among beneficiaries and Trusts so long as the total market value of each share is not affected by the division, distribution or allocation in kind. The Executor and Trustee are each authorized to make, join in and consummate partitions of lands, voluntarily or involuntarily, including giving of mutual deeds, or other obligations, with as wide powers as an individual owner in fee simple. (d) To sell either at public or private sale real and personal property severally or in conjunction with other persons, and to consummate sale(s) by deed(s) or other instrument(s) to the purchaser(s), conveying a fee simple title. No purchaser shall be obligated to see to the application of the purchase money or to make inquiry into the validity of any sale(s). The Executor and Trustee are authorized to execute, acknowledge and deliver deeds, assignments, options or other writings as necessary or convenient to any of the power conferred upon the Executor and Trustee. (e) To mortgage real estate, and to make leases of real estate. CD To borrow money from any person, including the Executor or Trustee, to pay indebtedness of mine or of my estate, expenses of administration or inheritance, legacy, estate and other taxes, and to Page 9 w~~ .. I.. . ..... .- '..'--. _.'_.~'''--'''''''''""'''.''''''''''-'--''"-'''- assign and pledge assets of my estate or any Trust established by this Will. This paragraph shall not be construed to authorize borrowing from "Trust B". (g) To pay all costs, taxes, expenses and charges in connection with the administration of my estate or any Trust established under this Will. If any death taxes are payable with respect to my estate, these taxes shall be paid from "Trust A" . (h) To make distributions of income and of principal to the proper beneficiaries, during the administration of my estate, with or without court order, in such manner and in such amounts as the Executor deems prudent and appropriate. (i) To vote shares of stock which form a part of my estate or any Trust established under this Will, and to exercise all the powers incident to the ownership of stock. (j) To unite with other owners of property similar to property in my estate to carry out plans for the reorganization of any company whose securities form a part of my estate. (k) To disclaim any interest in property which would devolve to me or my estate by whatever means, including but not limited to the following means: as beneficiary under a will, as an appointee under the exercise of a power of appointment, as a person entitled to take by intestacy, as a donee of an inter vivos transfer, and as a donee under a third-party beneficiary contract. Page 10 rv4K 11 ., . '-.~.'. ......,.~..:."'~'~...!.,~",.;,~;;~..:.;;;/.\;:.~':-..,. "'~'.-,,':, ".i"" (1) To prepare, execute and file tax returns of any type required by applicable law, and to make all tax elections authorized by law. (m) To employ custodians of property, investment or business advisors, accountants and attorneys as the Executor or Trustee deems appropriate, and to compensate these persons from assets of my estate or trust, without affecting the compensation to which the Executor and Trustee are entitled. (n) To divide any Trust created in this Will into two or more separate Trusts so that inclusion ratio for purposes of the generation- skipping transfer tax shall be either zero or one, in order that an election under Section 2652(a)(3) of the Internal Revenue Code may be made with respect to one of the separate Trusts, or for any other reason. (0) To do all other acts in their judgment necessary or desirable for the proper and advantageous management, investment and distribution of the estate and Trusts established under this WilL ITEM IX: No part of the income or principal of any Trust created by this Will shall be subject to attachment, levy or seizure by any creditor, spouse, assignee or trustee or receiver in bankruptcy of any beneficiary prior to his or her actual receipt of income or principal distributed. The Trustee shall pay the net income and the principal to the beneficiaries specified by me, as their interests may appear, without regard to any attempted anticipation, pledging or assignment, and without regard to any claim or attempted levy, attachment, seizure or other process against the beneficiary. ITEM X: If a beneficiary under the age of twenty-one (21) years is entitled to receive assets under this Will, the Executors shall receive Page 11 ~*- ... I, . c.'''.".:,.,.'''._.....o-.i;;.:..,.(./. those assets as Custodian for the beneficiary under the Pennsylvania Uniform Transfers to Minors Act. The Custodian may receive and administer all assets authorized by law, and shall have full authority as provided in the Pennsylvania Uniform Transfers to Minors Act to use assets in the manner the Custodian deems advisable for the best interests of the beneficiary. ITEM XI: Any person, other than my wife, who has died within thirty (30) days of my death, or under such circumstances that the order of our deaths cannot be established by proof, shall be deemed to have predeceased me. If my wife and I die simultaneously, or under such circumstances that the order of our deaths cannot be established by proof, my wife shall be deemed to have survived me. Any person (other than myself) who has died at the same time as any then beneficiary under this Will or in a common disaster with that beneficiary, or under such circumstances that the order of deaths cannot be established by proof, shall be deemed to have predeceased that beneficiary. ITEM XII: I hereby nominate, constitute and appoint my wife, IRENE M. KALBACH, and my son, ROBERT H. KALBACH, JR., to be the Executors, collectively referred to as "Executor". The Executor, Trustee and Guardian are specifically relieved from the obligation of filing bond or entering security. Each individual Executor and Trustee acting hereunder (however appointed) shall have the right to appoint his or her successor, with one or more alternates in a specified order of priority. Thereafter, if the Executor or Trustee for any reason ceases to act, the first such designated successor who can and will act shall be the successor. Any Executor or Trustee may from time to time alter his or her designation before it takes effect, and the designation by a successor acting hereunder shall supersede any designation of alternates made by a prior Executor or Trustee. If any Executor or Trustee fails to qualifY or thereafter ceases to act ~~ ~ ... .t. . without having effectively designated his or her successor, the successor shall be such person as the other then acting Trustee or Trustees may appoint; or if there is no other then acting Trustee, such person as a majority of my then living adult descendants may appoint. IN WITNESS WHEREOF, I have set my hand and seal to this, my Last , Will and Testament, consisting of this and the preceding twelve (12) pages, at the end of each page of which I have also set my initials for greater security and better identification this 2/Sr day of ~ ' 2004. ~J J4 ~J1:~ ROBERT H. KALBACH c.. - (SEAL) We, the undersigned, hereby certify that the foregoing Will was 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 and in his presence and in the presence of each other, have hereunto set our hands and seals the day and year flrst above written, and we certify that at the time of the execution thereof, the said Testator was of sound and disposing mind and memory. ~?h ,~ (SEAL) Residing at I 1<) 04i..~ ~ UJ~J/~ 17,10/'3 Residing at ~n' ~er~v/~ ,e) . /1(~e#A.JJ/CJ~;e..? / g (/o.s-o /~ (SEAL) (SEAL) Residing at 289233vl COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF REVENUE BUREAU OF INDIVIDUAL TAXES DEPT. 280601 HARRIS8URG, PA 17128-0601 REV-1162 EX(11-96) RECEIVED FROM: PENNSYLVANIA INHERITANCE AND ESTATE TAX OFFICIAL RECEIPT NO. CD 005689 METTE HOWELL C POBOX 5950 3401 N FRONT ST HARRISBURG, PA 17110-0950 ACN ASSESSMENT CONTROL NUMBER AMOUNT u______ fold 101 $13.03 ESTATE INFORMATION: SSN: 186-24-2216 FILE NUMBER: 2105-0011 DECEDENT NAME: KALBACH ROBERT H DATE OF PAYMENT: 08/15/2005 POSTMARK DATE: 08/12/2005 COUNTY: CUMBERLAND DATE OF DEATH: 11/17/2004 TOTAL AMOUNT PAID: $13.03 REMARKS: CHECK#1017 SEAL INITIALS: JA RECEIVED BY: GLENDA FARNER STRASBAUGH REGISTER OF WILLS REGISTER OF WILLS