HomeMy WebLinkAbout12-21-05
REV _1500 EX.. {6-DO)
COMMONWEALTH OF PENNSYLVANIA
DEPARTMENT OF REVENUE
OEPT, 280601
HARRISBURG, PA 17128-0601
REV-1500
INHERITANCE TAX RETURN FILE NUMBER
RESIDENT DECEDENT 2] 05
.__-----.fQUNTY_C;Q.D~~EAR __.
DECEDENT'S NAME (LAST, FIRST, AND MIDDLE INITIAL)
Showers. E]izabeth S,
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DATE OF DEATH (MM-DD-YEAR)
------OATE OF BIRTH (MM-DD-YEAR)
03/25/2005
]]/17/1915
(IF APPLICABLE) SURVIVING SPOUSE'S NAME ( LAST, FIRST AND MIDDLE INITIAL)
------~--'--O;:;ginal Retur;:;--------
o 4. Limited Estate
~
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o 2. Supplemental Return
o 4a. Future Interest Compromise (dale of death after
12-12-82)
~ 7. Decedent Maintained a Living Trust (Attach
copy ofTrust)
o 10. Spousal Poverty Credit (date of death between 0 11. Election to tax under Sec. 9113(A) (Attach Sch 0)
.12-31-91 and 1-1-951 .____________
iTHIS SECTION MUST BE COMPLETED. ALL CORRESPONDENCE AND CONFIDENTIAL TAX INFORMATION SHOULD BE DIRECTED TO:
NAME 'COMPLETE MAILING ADDRESS
Susan E. Lederer
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6. Decedent Died Testate (Attach copy
of Will)
9. Litigation Proceeds Received
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FIRM NAMf' (If appl''03ble)
Law Offices of Susan E. Lederer
TELEPHONE NUMBER
717/652- 7323
1. Real Estate (Schedule A)
2. Stocks and Bonds (Schedule B)
3. Closely He!d Corporation, Partnership or Sole-Proprie:torship
4. Mortgages & Notes Receivable (Schedule D)
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5. Cash, Bank Deposits ,s. Misce:laneous Personal Property
(Schedule E)
6 Jointly Owned Property (Schedule F)
o Separate Billing Requested
7. Inter-Vivos Transfers & Missellaneous Non-Probate P;cperty
(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)
1? Net Value of Estate ,:Line .) minlJ'. :. inb 11;
0665
NUMBER
SOCIAL SECURITY NUMBER
354-05-53] 5
THIS RETURN MUST BE FILED IN DUPLICATE WITH THE
REGISTER OF WILLS
SOCIAL SECURITY NUMBER
o 3. Remainder Return (date of death priorta 12-13-82)
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5. Federal Estate Tax Return Required
8. Total Number of Safe Deposit Boxes
4811 J0iJ,;:stown,Rd.
Suite 226
Harrisburg, PA ] 7109
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.==;:--,:,.#i-;"~iC"'~2.s:-:':"F-=~~
'_.\ - .,.....-' .c~:)- ..
...-----
(1 )
<;.....~;
] 06,250.00
(2) 3 , ] 88 . 80
,-.. ~
1"_'
-1
(3)
(4)
650.00
None
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(5) 8,656.76
. (6) 1 ] ,073 .23
~---"------------ _.----
(7) 94 5.. 8 9 3 . ] ]
(8)
J.075,71 J.9()
(9) 43,649.00
(10)
2,271.22
(11)
45.920.22
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(I-'~ ''-1 i . () 8
13. Charitable and Governmental Bequests/See 9113 Trusts for which an election to tax has not been
made (Schedule J)
14. Net Value Subject to Tax (Line 12 minus Line 13)
(13)
(14)
],029,79].68
15.Amount of Line 14 taxable at the spcusal tax rate,
or transfers under Sec. 9116(a)(1.2)
SEE INSTRUCTIONS ON REVERSE SIDE FOR APPLICABLE RATES
x .00
(15)
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16.Amount of Line 14 taxable at lineal rate
17. Amou nt of Line 14 taxable at sibling rate
18. Amount of Line 14 taxable at collateral rate
19. Tax Due
] ,029,791.68 x .045
(16) 46.340.63
x .12
(17)
x .15
(18)
(19)
46.340.63
20. 0
>> BE SURE TO ANSWER ALL QUESTIONS ON REVERSE SIDE AND RECHECK MATH <<
Copyright 2000 form software only The Lackner Group, Inc.
Form REV-1500 EX (Rev.ftt
Decedent's Complete Address:
STREET ADDRESS
20 Glendale Drive
CITY
Mechanicsburg
STATE PA---:iip~055---- ----
Tax Payments and Credits:
1. Tax Due (Page 1 Line 19)
2. Credits/Payments
A. Spousal Poverty Credit
B. Prior Payments
C. Discount
(1 )
Total Credits (A + B + C)
(2)
3. Interest/Penalty if applicable
D. Interest
E. Penalty
Total Interest/Penalty (D + E)
(3)
~han Lilio; :":d~ :. _"~""" ~:.\" ~:~~..." \0;......_. -:-: .:.... :.... ~; ....cVr:~:-:~ .:~..~:::.~~
\.. J
Check box on Page 1 Line 20 to request a refund
5. If Line 1 + Line 3 is greater than Line 2, enter the difference. This is theTAX DUE
A. Enter the interest on the tax due.
B. Enter the total of Line 5 + 5A. This is theBALANCE DUE
(5)
(5A)
(5B)
Make Check Payable to: REGISTER OF WILLS, AGENT
PLEASE ANSWER THE FOLLOWING QUESTIONS BY PLACING AN "X" IN THE APPROPRIATE BLOCKS
Did decedent make a transfer and: Yes
a. retain the ust:; or income of the property transferred;.............................uo............................................. ~
~: ~::::~ :h~e:;~:i:~:~s:~~e~~s~~~. .~.h~1 ~ :u.~.e. t.h~. ~~.o~~_~y. .tr~~.~.ferr.~.d.~.~ .it~. in.c.o.nl.~~..............................~~ ::::::::::: ~.'.'.'. B
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?............................ ............................... --............................ __............... ..... D
3. Did decedent own an "in trust for" or payable upon death bank account or security at his or her death?........ D
4. Did decedent own an Individual Retirement Account, annuity, or other non-probate property v.hiclr
contains a beneficiary designation?........................ .... ............. .................. --........... ....................................... [81
46,340.63
0.00
0.00
46,340.63
46,340.63
No
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D
IF THE ANSWER TO ANY OF THE ABOVE QUESTIONS IS YES, YOU MUS, COMPLETE SCHEDULE G Atm FIL~ IT AS PART OF THE RETURN.
-~- --
Under panalties of perJury, I declare that I have examined this retum, including accompanYing schedules and statements, and to the best of mf knowledge and belief, it is true, correct and complete. Declaration
preparer other than the personal representative is based on all information of which preparer has any ~n(Jwledge.
E R FILING RETURN ADDRESS
805 South W~ne ::-trect D
*~~NG RE~~-- -- ADDRESS Lew~sto\V~~___L704~~____ . ---~-~~~~
872 Shadeland Drive
Danville, KY 40422
----ADDRESS ~------~------
4811 Jonestown Rd.
Suite 226
Harrisburg, P A 17109
f"'\;),"T'"E
S'J L~() Y
~---~-DATE .-
~~~ .-
._~---------~-'------DATE.2,~'::.
D.e. CQ V"'I.bk' r -S..J J.. OJ --s-
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. 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 statutedoes not exempt a transfer to a surviving spouse from tax, and the statutory requirements for disclosure
of assets and filing a tax return are still applicable even if the surviving spouse is the only beneficiary.
For dates of death on or after July 1, 2000:
The tax rate imposed on the net value of transfers from a deceased child 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 beneficiaries is 4.5%, except as noted in 72 P.S 99116
1.2) [72 PS. 99116 (a) (1)1.
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 individual who has at least one parent in common with the decedent, whether by blood or adoption.
ESTATE OF
SCHEDULE A
REAL ESTATE
All real property owned solely or as a tenant in common must be reported at fair market value. Fair market value is defined as the pri,
at which property would be exchanged between a willing buyer and a willing seller, neither being compelled to buy or sell, both havina
reasonable knowledge of the relevant facts. Real property which is jointly-owned with right of survivorship must be disclosed on
schedule F.
ITEM I
NUMBER
]
2
3
COMMONWEALTH OF PENNSYLVANIA
INHERIT ANCE TAX RETURN
RESIDENT DECEDENT
Showers. Elizabeth S.
i FILE NUMBER
2]-05-0665
DESCRIPTION
]/4 interest in 120-acre farm in Snyder County on the south side ofPenns Creek. Parcel No. 04-05-026
(total value $326,000)
1/4 interest in 6.7 acres of vacant lanc:llocated in Penns Creek, Parcel No. 04-01-36 (total value $39,000)
1/4 interest in 1.17 acres of land with cabin on the north side of Penns Creek, Parcel No. 09-91-] 03 (total
value $60,000)
--._---_._~-_. ~---_._.~.~---_._--------------_._~ - ..__._--~.
VALUE AT DATE 0
DEATH
81,500.00
9,750.00
15,000.00
TOTAL (Also enter on Line 1, Recapitulation)
---~~-_._-- ~---_._------
106,250.00
ESTATE OF
SCHEDULE B
STOCKS & BONDS
COMMONWEALTH OF PENNSYLVANIA
INHERITANCE TAX RETURN
RESIDENT DECEDENT
Showers, Elizabeth S.
-------~---- -~--------------------------_._.._----~--- --.--.-
_._---~~~-~---~--------_.._~_.._-_.----_.__._------------.------- --. ..-------------...----..----
All property jointly-owned with right of survivorship must be disclosed on Schedule F.
ITEM
NUMBER
1
2
4
DESCRIPTION
10 shares of Pennsylvania Insured Municipals Income Trust Bond, CUSIP #
708838578, titled to Richard F. Showers (deceased) and Elizabeth S. Showers
1/25/2005 dividend check from Pennsylvania Insured Municipals Income Tmst
Bond, issued by Bank of New York and payable to Elizabeth S. Showers
5/25/2005 dividend check from Pennsylvania Insured Municipals Income Tmst
Bond, issued by Bank of New York and payable to Elizabeth S. Showers
7/25/2005 dividend check from Pennsylvania Insured Municipals Income Tmst
Bond, issued by Bank of New York and payable to Elizabeth S. Showers
.. ----_._--_._._-~--~--_._.__._------- ----.---.-..-- --- -----------.---------------- -._---
FILE NUMBER
21-05-0665
UNIT VALUE
277.82
TOTAL (Also enter on line 2, Recapitulation)
VALUE AT DATE C
DEATH
2,778.20
95.70
225.00
89.90
3,188.80
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SCHEDULE C
CLOSELY-HELD CORPORATION,
PARTNERSHIP or
SOLE-PROPRIETORSHIP
COMMONWEALTH OF PENNSYLVANIA
INHERITANCE TAX RETURN
RESIDENT DECEDENT
ESTATE OF
Showers, Elizabeth S.
FILE NUMBER
21 - 05 - 0665
Schedule C-1 or C-2 (Including all supportinq 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-propnetorships.
ITEM
NUMBER
]
DESCRIPTION
VALUE AT DATE 0
DEATH
250.00
RWS Partnership Interest - 1/4 interest in Vacant Creek front lot, Parcel No. 09-91-185, in Union County,
Pennsylvania, valued at $1,000 (Partnership Agreement attached, interest passed to Elizabeth Showers on
death of Richard F. Showers)
2
15 Units of Liberty Tax Credit Plus II L. P., titled to Elizabeth S. Showers and Richard F. Showt:rs
(deceased) ($26.67/sh)
400.00
"- -----._--. .-- ----- ._.._--~------~--_._-_._.. .__._-_._-----,._---'---~------------- '-~._~_.__.._---- --~--------_.._---------_.._--_.._---_..- --~--_._------
TOTAL (Also enter on Line 3, Recapitulation)
650.00
SCHEDULE E
CASH, BANK DEPOSITS, & MISC.
PERSONAL PROPERTY
COMMONWEALTH OF PENNSYLVANIA
INHERITANCE TAX RETURN
RESIDENT DECEDENT
~- ._--~-_._-------~---------------_.~.__.~-
----_._-~------------~-------~---------------_._----~--.-..-
ESTATE OF
.. ._~._- ---~-~--_._-----_._--~----_._- --~-------------
----------~_._--_._-------_._- --~--_...~-_.__. ----------.---------------...
Showers, Elizabeth S.
FILE NUMBER
21 - 05 - 0665
Inclu~e the proceeds of li.tigation and the date the proceeds were received by the estate. All property jointly-owned with the right of
survivorship must be disclosed on schedule F.
ITEM
NUMBER
I
DESCRIPTION
I VALUE .AT DATE 0
DEATH
1993 Buick LeSabre Limited Sedan 4D, titled to Elizabeth S. Showers
3,025.00
2
Nationwide Provident Life Insurance Policy # 1147044. Elizabeth S. Showers, owner, Anne M. Showers,
insured
913.96
..,
.J
Nationwide Provident Life Insurance Policy # 1235094, Elizabeth S. Showers, owner, Richard W.
Showers, insured
864.43
4
Nationwide Provident Life Insurance Policy # 1104278, Elizabeth S. Showers, owner, Raymond R.
Showers, insured
947.4 7
5
Nationwide Provident Life Insurance Policy # 1174580, Elizabeth S. Showers, owner, Robert 1. Showers,
insured
905.90
6
household goods
2,000.00
.- --- - _._-----.- ---- ----.~-.----.-----~---------.------~--.--.-------~----.- ----_..__._.__._~---_._-_.._-
TOTAL (Also enter on Line 5, Recapitulation)
8,656.76
SCHEDULE F
JOINTLY-OWNED PROPERTY
COMMONWEALTH OF PENNSYLVANIA
INHERITANCE TAX RETURN
RESIDENT DECEDENT
ESTATE OF
Showers, Elizabeth S.
FILE NUMBER
21 - 05 - 0665
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
I
---I
RELATIONSHIP TO DECEDENT
A Anne Marie Showers
805 South Wayne Street
Lewistown. P A 17044
Daughter
JOINTLY OWNED PROPERTY:
ITEM . LETTER .
NUMBER : FOR JOINT
TENANT
DATE
MADE
JOINT
, DESCRIPTION OF PROPERTY o/c Oc- ^ ,
Ilnclud~ name ~f financial institution and bankaccount number DATE OF DEATH DECD'S DA~~~~ED~TH
lor similar Identifying number. Attach deed for JOintly-held real 'VALUE OF ASSET IINTEREST DECEDENT'S INTEREST
,estate. ..
A
07/10/2002 Checking Account # 5070099993, held at PNC Bank,
titled to Elizabeth S. Showers and Anne Marie
Showers
14,184.50
50%
7,092.25
2
A
07110/2002 Savings Account # 5030018415, held at PNC Bank,
titled to Elizabeth S. Showers and Anne Marie
Showers
7,961.96
50%'
3,980.98
u_ ___ _.._________..______..___..._____._._~__~.__...__
TOTAL (Also enter on line 6, Recapitulation)
~--~._------_._--_.~-----~-----~._.__.__.._~-----
11,073.23
ESTATE OF
ITEM
NUMBER
5
6
7
8
9
SCHEDULE G
INTER-VIVOS TRANSFERS &
MISC. NON-PROBATE PROPERTY
COMMONWEALTH OF PENNSYLVANIA
INHERITANCE TAX RETURN
RESIDENT DECEDENT
Showers, Elizabeth S.
FILE NUMBER
2] - 05 - 0665
This schedule must be completed and filed if the answer to any of questions 1 through 4 on page 2 is yes. _______
DESCRIPTION OF PROPERTY % OF
Include the name of the transferee, the" relationship to decedent and the date of transfer.. DATE OF DEATH, DECD'S EXCLUSION TAXABLE VALUE
Attach a copy of the deed for real estate :VALUE OF ASSET INTEREST (IF APPLICABLE)
Total Control Account # 4030587920, held at MetLife,
titled to Elizabeth S. Showers, Anne Marie Showers, Robert
J. Showers, and Richard W. Showers, beneficiaries (accrued
interest $55.20)
')
Annuity Contract"# 77-7700-326844. held at SUll Life
Financial, Elizabeth S. Showers, owner, Anne Marie
Showers. Robert Showers, and Richard Showers.
beneficiaries
3
Annuity Contract # 77-7700-326755, held at Sun Life
Financial, Elizabeth S. Showers, owner, Anne Marie
Showers, Robert Showers, and Richard Showers,
beneficiaries
4
Annuity Contract # A2070833, held at MetLife Investors
Insurance Company, Elizabeth S. Showers, owner, Anne
Marie Showers, Robert Showers, and Richard Showers,
beneficiaries
Certificate of Deposit # 3] 100243406, held at PNC Bank,
titled to Elizabeth S. Showers, Trustee of the Elizabeth S.
Showers Trust (accrued interest $22.76)
Savings Account # 5003] 74631, held at PN C Bank, titled to
Elizabeth S. Showers. Trustee of the Elizabeth S. Showers '
Liv ''\)Trv',;.-I:"" (o,Cc,v'((.\ in'k.I<"SJ..i{:2.'~ ')
Checking Account # 9834711633, held at M&T Bank, titled
to Elizabeth S. Showers. Trustee ofthe Elizabeth S.
Showers Living Trust (accrued interest $0.47)
Certificate of Deposit "# 031003913914303, held at M&T
Bank, titled to Elizabeth S. Showers. Trustee of the
Elizabeth S. Showers Living Trust (accrued interest $21.13)
Certificate of Deposit # 031003911587901, held at M&T
Bank, titled to Elizabeth S. Showers, Trustee of the
Elizabeth S. Showers Living Trust (accrued interest $6.48)
Total of Continuation Schedule(s)
32,905.19 100%
14.41564 100%
25,567.301 100%
23,178.10 100%
25,389.19 100%
20,906.45: 100%
8,536.48 100%
21,656.10 100%
9,971.10: 100%
-----~_.._-~-_._--~------_...- ._-_._--------------------~._-- ------..
TOTAL (Also enter on line 7, Recapitulation)
32.905.19
j4.4j~.M
25,567.30
23,178.10
25.389.19
20,906.45
8,536.48
21,656.10
9.971.10
763,367.56
945,893.1 I
ESTATE OF
ITEM
NUMBER
17
This schedule must be completed and filed if the answer to any of questions 1 through 4 on page 2 is yes.
DESCRIPTION OF PROPERTY AT F A % OF :
Include the name of the transferee, their relallonshlp to decedenl and the date of transfer., D E 0 DE TH DECO'S EXCLUSION TAXABLE VALUE
Attach e copy of the deed for rea! estate VALUE OF ASSET (IF APPLICABLE)
INTEREST
75.473.74 100%
SCHEDULE G
INTER-VIVOS TRANSFERS &
MISC. NON-PROBATE PROPERTY
continued
COMMONWEALTH OF PENNSYLVANIA
INHERITANCE TAX RETURN
RESIDENT DECEDENT
Showers. Elizabeth S.
FILE NUMBER
21 - 05 - 0665
10
Certificate of Deposit # 031003914603195, held at M&T
Bank, titled to Elizabeth S. Showers, Trustee of the
Elizabeth S. Showers Living Trust (accrued interest
$179.99)
11
Certificate nfDeposit # m 1003914618871, held at M&T
Bank, titled to Elizabeth S. Showers, Trustee of the
Elizabeth S. Showers Living Trust (accrued interest
$182.20)
50,833.50 100%
12
Savings Account # 0574115374, held at Sovereign Bank,
titled to Elizabeth S. Showers, Trustee of the Elizabeth S.
Showers Living Trust (accrued interest $55.01)
88,676.94' 100%
13
Certificate of Deposit # 0575131115, held at Sovereign
Bank, titled to Elizabeth S. Showers, Trustee of the
. Elizabeth S. Showers Living Trust (accrued interest
$105.25)
54,182.93 100%
14
Certificate of Deposit # 0575132063, held at Sovereign
Bank, titled to Elizabeth S. Showers, Trustee ofthe
Elizabeth S. Showers Living Trust (accrued interest $9.80)
46,769,72 100%
15
Certificate of Deposit # 0575135876, held at Sovereign
Bank, titled to Elizabeth S. Showers, Trustee of the
Elizabeth S, Showers Living Trust (accrued interest $31.81)
30,451.67 100%
1\.:'
18,200.724 shares ofAXP High Yield Tax-Exempt Fund
Class A, CUSIP # 00245N104, Account #
011538710366002, held at American Express, titled to
Elizabeth S. Showers, Trustee of the Elizabeth S. Showers
Living Trust ($4.400/sh)
80,321.85 100%
1,431.422 shares ofAXP Short Duration US Government
Fund Class B, CUSIP # 00245K209, Account #
0112438710365002, held at American Express, titled to
Elizabeth S. Showers, Trustee of the Elizabeth S, Showers
Living Trust ($4,750/sh)
6,758.28 100%
._._--_._--~._---~-----------~-----~---~-_.~----_._------_._~---------~--
75,473.74
50,833.50
88,676,94
54,182.93
46,769.72
30.451.67
30,32 J .X 5
6,758.28
Page 2 of Schedule G
'.
COMMONWEALTH OF PENNSYLVANIA
INHERITANCE TAX RETURN
RESIDENT DECEDENT
SCHEDULE G
INTER-VIVOS TRANSFERS &
MISC. NON-PROBATE PROPERTY
continued
ESTATE OF
Showers, Elizabeth S.
FILE NUMBER
21 - 05 - 0665
18
This schedule must be completed and filed if the answer to any of questions 1 through 4 on pag~ 2 is ~____u.
DESCRIPTION OF PROPERTY DATE OF DEATH % OF
Include the name of the transferee, their relationship to decedent and the date of transfer. DECO'S EXCLUSION TAXABLE VALUE
Attach a copy of the deed for rea! estate 'VALUE OF ASSET INTEREST (IF APPLICABLE)
Annuity Contract # 0930 0186 0194 6 004, held at 55,634.95 100% 55,634.95
American Express, Elizabeth S. Showers, owner, Anne
Marie Showers, Robert 1. Showers, and Richard W.
Showers, beneficiaries
ITEM
NUMBER.
je) Annuity Contract # 0930 0231 1444 8 004, held at 59,103.58 100% 59,1 03 .58
American Express, Elizabeth S. Showers, owner, Anne
Marie Showers, Robert 1. Showers, and Richard W.
Showers, benficiaries
20 Annuity Contract # 0930 0243 15432004, held at 33,045.21 100% 33,045.2]
American Express, Elizabeth S. Showers, owner, Anne
Marie Showers, Robert 1. Showers, and Richard W.
Showers. beneficiaries
21 House & Lot located at 20 Glendale Drive, Mechanicsburg, 159,040.00 100% 159,040.00
Cumberland County, Pennsylvania, Parcel ID #
42-27-1886-103, titled to Elizabeth S. Showers, Trustee of
the Elizabeth S. Showers Living Trust (tax assessed value
$159,040.00 X 1.0 common level ratio' factor)
22 Annuity Contract # A2041253, held at MetLife Investors 14,519.19 100% 14,519.19
, Insurance Company, Elizabeth S. Showers, owner, Elizabeth
S. Showers Living Trust, beneficiary
j" 400 shares ofPuget Sound Energy, Inc., CUSIP # 8,556.001 100% 8,556.00
_.J
745332106, titled to Elizabeth S. Showers, Trustee of the
Elizablc,i S. S;JUwcrs Li:ing Trust (2l.J9/5h)
------_._~----_._---_.._~--------- ---~_._--~-------------~_.~------_..-
Page 3 of Schedule G
ESTATE OF
~
~
SCHEDULE H
FUNERAL EXPENSES &
ADMINISTRATIVE COSTS
COMMONWEALTH OF PENNSYLVANIA
INHERITANCE TAX RETURN
RESIDENT DECEDENT
Showers, Elizabeth S.
FILE NUMBER
2] -05-0665
~-_..~-----_._----------~-----_._--_._..- -----------~-
Debts of decedent must be reported on Schedule I.
ITEM
NUMBER
A. FUNERAL EXPENSES:
B.
DESCRIPTION
AMOUNT
~,1alpezzi Funeral HOIne
(\ 1:: AA
/,l.J.J.VV
2
Reverand Bernard Oniwe
] 00.00
~
.J
Reverand John Bateman
]00.00
ADMINISTRATIVE COSTS:
1. Personal Representative's Commissions
Anne Marie Showers
Social Security Number(s) / EIN Number of Personal Representative(s):
Street Address 805 South Wayne Street
City Lewistown State PA
Year(s) Commission paid
26,000.00
Zip 17 044
2.
Attorney's Fees
Law Offices of Susan E. Lederer
6,000.00
3. Family Exemption: (If decedent's address is not the same as claimant's, attach explanation)
Claimant
Street Address
City
RGlationshio uf Claimant to Decedent
State
Zip
4.
Cumberland County
279.00
Probate Fees
5. Accountant's Fees
6. Tax Return Preparer's Fees
7.
I
Other Administrative Costs
Hamilton and Musser (preparation of income tax returns)
315.00
2
Appraisal
1,700.00
. -----.~--------.._--..----,.-----------.-------- ---.-------~-_.__..___ "___'m__..
TOTAL (Also enter on line 9, Recapitulation)
43,649.00
SCHEDULE I
DEBTS OF DECEDENT, MORTGAGE
LIABILITIES, & LIENS
COMMONWEALTH OF PENNSYLVANIA
INHERITANCE TAX RETURN
RESIDENT DECEDENT
ESTATE OF
..~--~---------_.~--_._-~_._--_.._------~-_.__.~
------_._----_._----~----~-----~~---_.._--- -----~-.-._._~-
Showers, Elizabeth S.
FILE NUMBER
21-05-0665
Include unreimbursed medical expenses.
ITEM I
NUMBER
I PPL return of pension
DESCRIPTION
AMOUNT
U48.44
2
Keystone Oil (heating)
298.06
"
-'
Waste Management (trash collection)
45/0
4
Messiah Village
233.00
5
United Water (water bill)
11...,'")
1 1....:.....:..
6
Comcast (cable bill)
172.94
7
Pennsylvania Department of Revenue (income tax)
8.00
8
AT&T (phone bill)
55.41
9
Upper Allen Township (sewer bill)
206.06
10
Verizon (phone bill)
92.39
--------------_._-------~-----~_._----~---_._.- ---~ -----~---------------
TOTAL (Also enter on Line 10, Recapitulation)
2,271.22
REV-1513 EX+ (9-00)
SCHEDULE J
BENEFICIARIES
COMMONWEALTH OF PENNSYLVANIA
INHERITANCE TAX RETURN
RESIDENT DECEDENT
ESTATE OF
Showers_ Elizabeth S.
FILE NUMBER
21-05-0665
_._--~.---------- ---_._._--~-----------_.._------
NUMBER NAME AND ADDRESS OF PERSON(S) RECEIVING PROPERTY
RELATIONSHIP TO
DECEDENT
QO_N.ot ListIruSle.eisj
1. TAXABLE DISTRIBUTIONS (include outright spousal distributions)
Anne Marie Showers
805 S. Wayne Street
Lewistown, P A 17044
Daughter
R0bert 1. Showers
872 Shade1and Drive
Danville, KY 40422
Son
3
Richard W_ Showers
203 Hathaway Park
Lebanon, PA 17042
Son
See Continuation Schedule(s) attached
: 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
IBEING MADE
lB. CHARITABLE AND GOVERNMENTAL DISTRIBUTIONS
TOTAL OF PART 11- ENTER TOTAL NON-TAXABLE DISTRIBUTIONS ON LINE 13 OF REV-1500 COVER SHEET
--------------_______.._.__________ o. ____. .._____ _________._____ ._____.__. __ ___.______
AMOUNT OR SHARE
OF ESTATE
1/3 of annuities:
1/2 of Trust assets:
Joint PNC Bank
Accounts;
Nationwide Provident
Life Insurance Policy
1/3 Jf annuities,
1/4 of Trust assets;
Nationwide Provident
Life Insurance Policy
1/3 of annuities;
1/4 of Trust assets:
Nationwide Provident
Life Insurance Policy
ESTATE OF
NUMBER
I.
.~
~
COMMONWEAL TH OF PENNSYLVANIA
INHERITANCE TAX RETURN
RESIDENT DECEDENT
Showers, Elizabeth S.
SCHEDULE J
BENEFICIARIES continued
NAME AND ADDRESS OF PERSON(S) RECEIVING PROPERTY
4
TAXABLE DISTRIBUTIONS
Raymond Showers
(no address)
__ _"__. __ __m___.__ ________~____~___~___
[include outright spousal distributions, and transfers under
Sec. 9116(a)(1.2)]
..~-~----------_._------ ------------..------------------
FILE NUMBER
11 - 05 - 0665
_._----'--------------~._- -
RELATIONSHIP TO
DECEDENT
Do Not List Trustee(s)
Son
AMOUNT OR SHARE
OF ESTATE
$20,000.00;
Nationwide Provident
Life Insurance Policy
-------- ---- ----------
Page 2 of Schedule]
Register of Wills of Cumberland County, Pennsylvania
INVENTORY
Estate of Showers, Elizabeth S.
No. 21-05-0665
also known as
, Deceased
Date of Death 3/25/2005
Social Security No. 354-05-5315
Anne Marie Showers Robert Showers
The Personal Representative(s) of the above Estate, deceased, verify that the items appearing in the following Inventory
include all of the personal assets wherever situate and all of the real estate located in the Commonwealth of Pennsylvania
of said Decedent, that the valuation placed opposite each item of said Inventory represents its fair value as of the date of the
Decedent's death, and that the Decedent owned no real estate outside of the Commonwealth of Pennsylvania except that
which appears in a memorandum at the end of this Inventory. I/We verify that the statements made in this Inventory are true
and correct. I/We understand that false statements herein are made subject to the penalties of 18 Pa. C. S. Section 4904
relating to unsworn falsification to authorities.
I.D. No.:
Su,,~ Lede,e, __ ___pe<so;i:~:::e'enW fiJ .~/._
Anne Marie ~--.;
44861 Signature: _____.___~ .'),_~
SignatureO~~~~~~-~ ~,~
Attorney:
.oj
Address:
')
4811 Jonestown Rd.
Suite 226
Harrisburg, P A 17109
Telephone: 717/652-7323
Address: 805 South Wayne Street
Lewistown, P A ] 7044
....r;
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Telephone:
Dated:
.tR. Ul.M bt. r 'S; d... 0 Q S-
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Personal Property
10 shares of Pennsylvania Insured Municipals Income Trust Bond, CUSIP # 708838578, titled
to Richard F. Showers (deceased) and Elizabeth S. Showers
2,778.20
]/25/2005 dl, ...:_._..: ~L.;:d. L.;u. :'_.,.~<,: ..l;;:_ ~,,~...,_,: Municipals Income Trust Bon.:, :0';..._"':
by Bank of New York and payable to Elizabeth S. Showers
5/25/2005 dividend check from Pennsylvania Insured Municipals Income Trust Bond, issued
by Bank of New York and payable to Elizabeth S. Showers
225.00
7/25/2005 dividend check from Pennsylvania Insured Municipals Income Trust Bond, issued
by Bank of New York and payable to Elizabeth S. Showers
89.90
RWS Partnership Interest - 1/4 interest in Vacant Creek fruu. :vt, Parcel No. 09-9]-185, in
Union County, Pennsylvania, valued at $1,000 (Partnership Agreement attached, interest
passed to Elizabeth Showers on death of Richard F. Showers)
250.00
15 Units of Liberty Tax Credit Plus II L. P., titled to Elizabeth S. Showers and Richard F.
Showers (deceased) ($26.67/sh)
400.00
(Attach additional sheets if necessary)
Total Personal Property and Real Estate
$118,745.56 Rf.
Register of Wills of Cumberland County, Pennsylvania
INVENTORY
continued
Estate of Showers, Elizabeth S.
No. 21 - 05 - 0665
Date of Death 3/25/2005
also known as
, Deceased
Social Security No. 354-05-5315
1993 Buick LeSabre Limited Sedan 4D, titled to Elizabeth S. Showers
3,025.00
Nationwide Provident Life Insurance Policy # 1147044, Elizabeth S. Showers, owner, Anne M.
Showers, insured
913.96
Nationwide Provident Life Insurance Policy # 1235094, Elizabeth S. Showers, owner, Richard
W. Showers, insured
864.43
~'~dl1i.Jllwidc Pro,,;.:..:nt L;,-": Il1sUlan",~ Poli"y it 1 10..+278, EliLaucth :,. ShLlwers, OWlICl,
Raymond R. Showers, insured
94;.'+ I
Nationwide Provident Life Insurance Policy # 1174580, Elizabeth S. Showers, owner, Robert 1.
Showers, insured
905.90
household goods
2,000.00
Total Personal Property
$12,495.56
2
Register of Wills of Cumberland County, Pennsylvania
INVENTORY
continued
Estate of Showers, Elizabeth S.
No. 21 - 05 - 0665
Date of Death 3/25/2005
also known as
, Deceased
Social Security No. 354-05-5315
Real Estate
1/4 interest in 120-acre farm in Snyder County on the south side ofPenns Creek, Parcel No.
04-05-026 (total value $326,000)
81,500.00
1/4 interest in 6.7 acres of vacant land located in Penns Creek, Parcel No. 04-01-36 (total value
$39,000)
9,750.00
1/4 interest in 1.17 acres of land with cabin on the north side of Penns Creek, Parcel No.
09-91-103 (total value $60,000)
15,000.00
Total Real Estate
$106,250.00
3
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This
LIVING TRUST
prepared for
ELIZABETH S. SHOWERS
James, Smith & Durkin
134 Sipe A venue
Hummelstown, P A 17036
(717) 533-3280 FAX (717) 533-2795
1:0 Susan Lederer
All Rights Reserved
\'. /......
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II
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Article One
Article Two
Article Three
Article Four
Article Five
Article Six
Article Seven
Article Eight
Article Nine
Article Ten
Article Eleven
Article Twelve
ELIZABETH S. SHOWERS LIVING TRUST
Table of Contents
Trust Creation . . . . . . . . . .
. . . . . .. . . . . . . .. . . .. . . .. . .
The Trust Estate . . . . . . . . .
. . . .. . . . .. . .. . .. . .. .. .. . . .. .
Appointment of Trustees. .......................
Trustor's Lifetime Rights. . . . . . . . . . . . . . . . . . . . . . . . .
Administration at Death of the Trustor ................
Specific Distributions of Trust Property . . . . . . . . . . . . . . . .
Retirement Subtrust and Common Pot Trust . . . . . . . . . . . . .
Division and Distribution of Trust Property.
. . .. . . .. . .. .. . .. .. ..
Distribution If No Designated Beneficiaries.
. .. . .. . . . . . .. . . . .
Trustee Administration . . . . . . . . . . . . . . . . . .
Trustee Powers ......................
General Provisions. . . . . . . . . . . . . . . . . . . . .
1-1
2-1
3-1
4-1
5-1
6-1
7-1
8-1
9-1
10-1
11-1
12-1
ELIZABETH S. SHOWERS LIVING TRUST
Article One
Trust Creation
Section 1. Parties to My Trust
My Trust Agreement, dated JAN 9 1998
Trustor, and the following Initial Trustee:
, is made between ELIZABETH S. SHOWERS, the
ELIZABETH S. SHOWERS
Section 2. Name of My Trust
My Trust may be referred to as the:
ELIZABETH S. SHOWERS LIVING TRUST, dated JAN 9 1998
The formal name of my Trust and the designation to be used for the transfer of title to the name
of my Trust is:
ELIZABETH S. SHOWERS, Trustee, or jA}f~cesfg9S in trust, under the ELIZABETH
S. SHOWERS LIVING TRUST, dated and any amendments
thereto.
Section 3. Revocable Living Trust
My Trust is a revocable trust.
Section 4. Trustor as Trustee
Unless otherwise provided in my Trust Agreement, when I am serving as Trustee under my Trust,
I may conduct business and act on behalf of my Trust without the consent of any other Trustee.
1-1
Section 5. Creation of IRC Section 401(a)(9) Irrevocable Trust
Notwithstanding any other provision of my Trust Agreement, the Retirement Subtrust of any
Trust described in Article Seven is hereby deemed to be irrevocable upon execution of my Trust
Agreement. Any such irrevocable subtrust shall remain unfunded until funded pursuant to a
Beneficiary Designation.
Section 6. My Family
a. Marital Status
I am presently unmarried.
b. My Children
The names and birth dates of my children are as follows:
Name
Birth Date
RA YMOND R. SHOWERS
ANNE MARIE SHOWERS
ROBERT J. SHOWERS
RICHARD W. SHOWERS
January 12, 1948
August 26, 1950
February 04, 1952
December 19, 1954
All references to my children in my Trust Agreement are to these children only
and any children subsequently born to or adopted by me.
1-2
Article Two
The Trust Estate
Section 1. Initial Transfer of Property
I hereby assign, convey, transfer and deliver to my Trustee all property set forth on Schedule
"A", attached hereto, and made part of my Trust Estate. My Trustee acknowledges receipt of all
assets listed on the attached Schedule.
All assets titled in the name of my Trust or in the name of my Trustee, but not listed on Schedule
"A", shall be considered a part of my Trust Estate as if they had been set forth on the attached
Schedule.
Section 2. Additional Transfers to Trust
I, or any other person or entity, may transfer or devise to my Trustee additional assets, real or
personal, and may name my Trustee as the beneficiary of life insurance policies, annuities,
retirement plans or similar contracts. Such assets, policies and proceeds, upon acceptance by my
Trustee, shall be a part of my Trust Estate, subject to all the terms of my Trust Agreement.
Section 3. Character of Trust Assets
All property transferred by me into my Trust shall retain its character. All such property
transferred, and income thereon or withdrawals thereof, shall be my Trust Estate.
Section 4. Acceptance of Trust Property
All property transferred to my Trust and accepted by my Trustee shall be held, administered and
distributed according to the terms of my Trust Agreement.
Section 5. Trust Property Schedule
The trust property transferred to my Trust is set forth on Schedule "A".
2-1
Article Three
Appointment of Trustees
Section 1. Definition of Trustee
All uses of the word "Trustee" in my Trust Agreement shall be deemed a reference to the person
or entity then serving as Trustee and shall include alternate or Successor Trustees or Co-Trustees,
unless the context requires otherwise.
Section 2. Resignation of a Trustee
Any Trustee may resign at any time without court approval by giving written notice to me if I
am living and competent. If I am not then living and competent, written notice shall be given
to my next Successor Trustee; or if there is no next Successor Trustee, to the beneficiaries then
entitled to receive income or principal distributions under my Trust Agreement, to their respective
Personal Representatives, or if any of such beneficiaries then be a minor, to the persons having
the care or custody of any such minor. Such resignation shall be effective upon the appointment
of a Successor Trustee.
Section 3. Removal of a Trustee
Any Trustee may be removed under my Trust Agreement as follows:
a. While I Am Alive and Competent
While I am. alive and competent, I may add a Trustee, or remove or replace any
other Trustee appointed under my Trust Agreement at any time without cause.
b. Removal by Others
Upon my death or incapacity, any Trustee may be removed at any time for cause
by a majority vote of the beneficiaries then entitled to receive income or principal
distributions under my Trust Agreement or their Personal Representatives.
3-1
c. Notice to Removed Trustee
Written notice of removal under my Trust Agreement shall be effective
immediately when signed by the person or persons authorized to make the removal
and delivered to my Trustee personally or three business days after mailing by
certified mail, return receipt requested. The written notice removing a Trustee
shall identify the Successor Trustee.
d. Transfer of Trust Property
The Trustee so removed shall promptly transfer and deliver to the Successor
Trustee all property of my Trust under the removed Trustee's possession and
control.
Section 4. Designated Successor Trustees
Subject to the provisions of Section 3 of this Article, whenever a Trustee is removed, dies,
resigns, becomes incapacitated, or is otherwise unable or unwilling to serve, the vacant Trustee
position shall be filled as follows:
a. Vacancy in Position of Trustee While I Am Alive and Competent
I may serve as the only Trustee or I may name any number of Trustees to serve
with me. If any of these other Trustees subsequently fails or ceases to serve as
a Trustee for any reason, I mayor may not appoint another to fill the vacancy.
b. Incapacity Trustees of ELIZABETH S. SHOWERS
If ELIZABETH S. SHOWERS becomes incapacitated while serving as an Initial
Trustee, she shall be replaced by the following Incapacity Trustee(s) to serve in
the priority listed until the list has been exhausted. Unless otherwise specified, if
Co-Incapacity Trustees are serving, the next following named Successor Incapacity
Trustee(s) shall serve only after all of the Co-Incapacity Trustees cease to act as
Trustees:
(1) RlCHARD W. SHOWERS
(2) ANNE MARlE SHOWERS
3-2
~
c. Death Trustees of ELIZABETH S. SHOWERS
Upon the death of ELIZABETH S. SHOWERS, she or her Incapacity Trustee, if either
is then serving as Trustee, shall be replaced by the following Death Trustee(s) to
serve in the priority listed until the list has been exhausted. Unless otherwise
specified, if Co-Death Trustees are serving, the next following named Successor
Death Trustee(s) shall serve only after all of the Co-Death Trustees cease to act
as Trustees:
(1) ANNE MARJE SHOWERS
(2) RICHARD W. SHOWERS
Section 5. Definition of Incapacity
A Trustee shall be considered incapacitated in the event that such Trustee has been determined
to be legally incompetent by a court of competent jurisdiction; has been certified by two licensed
physicians to be unable to properly handle his or her own affairs by reason of physical illness or
mental illness; or otherwise is unable freely to communicate for a period of 90 days.
Section 6. No Designated Successor Trustees
If at any time there is no Trustee acting under my Trust Agreement, and there is no person or
institution designated and qualified as a Successor Trustee, a majority of the beneficiaries then
eligible to receive distributions of income or principal under my Trust Agreement or their
Personal Representatives shall appoint a Successor Trustee. If any trust existing under my Trust
Agreement lacks a Trustee and no successor is appointed pursuant to this Section, the vacancy
shall be filled by a court of competent jurisdiction.
Section 7. Responsibility of Successor Trustees
Other than amending or revoking my Trust, a Successor Trustee shall have the same rights,
powers, duties, discretions and immunities as if such Trustee had been named as Initial Trustee
under my Trust Agreement. No Successor Trustee shall be personally liable for any act or failure
to act of any predecessor Trustee or shall have any duty to examine the records of any
predecessor Trustee. A Successor Trustee may accept the account rendered and the property
delivered by, or on behalf ot~ a predecessor Trustee as a full and complete discharge of the duties
of the predecessor Trustee without incurring any responsibility or liability for doing so.
3-3
Article Four
Trustor's Lifetime Rights
Section 1. Income and Principal
a. Right to Trust Income and Principal
My Trustee shall pay to or apply for my benefit during my lifetime all or such
part of the income and principal of the Trust Estate as I may direct.
b. Trustee Liability
Upon any distribution of the income or principal of my Trust Estate authorized or
directed by me, my Trustee shall incur no liability, and shall be under no
obligation or responsibility for such distribution.
Section 2. Trustor's Rights During Incapacity
a. Definition of Incapacity
I shall be considered incapacitated in the event that I have been determined to be
legally incompetent by a court of competent jurisdiction; have been certified by
two licensed physicians to be unable to properly handle my own affairs by reason
of physical illness or mental illness; or otherwise am unable freely to
communicate for a period of 90 days.
Notwithstanding any other provision of my Trust Agreement, it is conclusively
presumed that I intend to return home.
b. Income and Principal Distributions
During the period of my incapacity, my Trustee shall pay to, or apply for, my
benefit as much of the net income and principal of my Trust Estate as my
Trustee, in my Trustee's discretion, shall deem necessary or advisable.
4-1
c. Tax and Government Benefits Planning
Should I become incapacitated, my Trustee shall cooperate in tax and government
benefits planning with my Attorney-in-Fact appointed under a durable power of
attorney, but the primary concern of my Trustee shall be for my welfare and
secondarily for such planning.
Section 3. Right to Amend or Revoke My Trust
a. Power to Revoke and Amend While I Am Living
Except as to any irrevocable Retirement Subtrust, while I am alive, I may at any
time or times, by written notice filed with my Trustee, amend any provision of
my Trust Agreement or revoke my Trust in whole or in part.
b. Method to Revoke or Amend
Any amendment or revocation of my Trust Agreement shall be by a written
instrument signed by me and delivered to my Trustee. An exercise of the power
of amendment substantially affecting the duties, rights and liabilities of my
Trustee shall be effective upon my Trustee only if agreed to by my Trustee in
writing.
c. Delivery of Property After Revocation
After any revocation with respect to my Trust, my Trustee shall promptly deliver
the trust property to me.
d. Trustee's Retention of Assets Upon Revocation
In the event of any revocation of all or part of my Trust, my Trustee shall be
entitled to retain sufficient assets to reasonably secure the payment of liabilities
my Trustee has lawfully incurred in administering my Trust unless I indemnify
my Trustee against loss or expense.
4-2
Section 4. Exercise of Trustor's Rights and Powers by Others
Any right or power that I may exercise under the terms of my Trust Agreement may be
exercised for and on my behalf by any Attorney-in-Fact who, at the time of the exercise, is duly
appointed and acting for me under a valid and enforceable power of attorney executed by me.
Other than as provided in this Section 4, my powers under my Trust Agreement are personal
to me and may not be exercised by any other person or entity.
Section 5. Property Held as Nominee
For administrative convenience it is contemplated that certain assets may be added to my Trust
Estate from time to time with the possession and control thereof retained by or redelivered to
me. Notwithstanding such control or redelivery, such assets shall be assets of my Trust Estate
and held by me as the nominee of my Trustee. During the period such assets are in my
possession, they shall be subject to the following terms and conditions:
a. I may receive directly and devote to my own use and benefit any
dividends, interest, income, or proceeds or distributions from or upon
such assets and neither I nor my Trustee shall have any duty of accounting
to the other or to any other person with regard thereto.
b. Any sale, exchange or other transfer of such assets by me shall constitute
a withdrawal of such assets from the Trust Estate and my Trustee shall
have no further interest therein or duties with regard thereto. Though not
a condition precedent to any such withdrawal, I agree to notify my Trustee
of all such withdrawals.
c. I shall be responsible for the reporting of the income from such assets to
the appropriate taxing authorities and my Trustee shall have no
responsibility for including such income on any fiduciary returns prepared
by my Trustee or for the preparation of any other government filing with
respect thereto unless I duly notify my Trustee of such income items and
a full and adequate accounting thereof is made and presented to my
Trustee.
d. I shall protect and indemnify my Trustee against all losses, liabilities and
expenses which may result directly or indirectly from my use, possession,
management or control of such assets.
4-3
e. Upon my death or incapacity, my Trustee shall remain entitled to the
possession thereof and shall continue to have all the rights, powers and
duties with respect to such assets which are granted to my Trustee herein.
My Trustee is not responsible for assets held by me as nominee.
However, it is also understood that my Trustee shall use any reasonable
and prudent means to secure possession of any trust assets of which my
Trustee has knowledge. My Trustee shall have no duty, accountability or
responsibility to me or to any other person with respect to any assets of
which my Trustee has no knowledge or of which my Trustee is unable to
obtain possession and control.
4-4
Article Five
Administration at Death of the Trustor
Section 1. Trustee's Discretion to Pay Debts and Taxes
After my death, unless other provision for payment has been made, my Trustee shall pay all or
any part of the following expenses, debts, claims and taxes from my Trust Estate:
a. Final medical expenses and all funeral costs;
b. Legally enforceable claims against me;
c. Reasonable expenses of administration of my Trust attributable to my
probate estate;
d. Any allowances mandated by a court of competent jurisdiction to those
dependent upon me;
e. Any estate, inheritance, succession, generation skipping transfer, or similar
taxes payable by reason of my death; and
f. Any penalties or interest on any of the above expenses, claims, debts or
taxes owed by me or my probate estate.
Section 2. Payment by My Trustee or Personal Representative
My Trustee, in my Trustee's discretion, may make distributions authorized under this Article
either directly to the person or entities to whom payment is owed or to the Personal
Representative of my probate estate. Written statements by my Personal Representative that
such sums are due and payable by my estate shall be sufficient evidence of their amount and
propriety for the protection of my Trustee. My Trustee shall be under no duty to see to the
application of any such payments made to my Personal Representative.
5-1
Section 3. Tax Elections
If no Personal Representative has been appointed, with regard to the payment of any income tax,
gift tax, estate tax, inheritance tax, generation skipping transfer tax or any other tax due because
of my death, my Trustee shall have the right to make any available elections allowed under the
law or to sign and file any tax return required because of my death. If a Personal
Representative has been appointed, the Personal Representative shall have the foregoing rights
and duties.
Section 4. Payment of Death Taxes, Claims and Expenses
a. Payment Out of Trust Property
All death taxes, claims and expenses payable under the provisions of this Article
shall be paid by my Trustee out of my Trust Estate.
b. Exception for Property Passing Outside of My Trust
Notwithstanding Section 4.a of this Article, unless specifically directed otherwise
by another separate provision herein, all death taxes, claims and expenses
attributable to assets passing outside of my Trust or my probate estate shall be
assessed against those persons receiving such property; provided, however, that
under no circumstances shall any transfer to any beneficiary that qualifies for the
federal estate tax charitable deduction cause the property transferred or such
beneficiary to bear any such taxes.
Section 5. Apportionment of Expenses, Claims and Taxes
Notwithstanding Section 4.a of this Article, unless specifically directed otherwise by another
separate provision herein, all expenses, claims and taxes attributable to any specifically
distributed property shall be apportioned to the beneficiaries of such specific distributions. Any
distribution of specific trust property under my Trust Agreement shall pass subject to all liens,
mortgages or encumbrances attributable thereto.
Section 6. Exception to Apportionment of Death Taxes
Notwithstanding any provision herein to the contrary, it is my intent, and I hereby direct, that
to the extent practicable no death taxes shall be apportioned to or against any part of my estate
or the trusts or shares created by my Trust Agreement, or any beneficiary thereof, which
qualifies for the federal estate tax charitable deduction.
5-2
Article Six
Specific Distributions of Trust Property
Section 1. Specific Distributions of Trust Property
My Trustee shall make the following specific distributions of trust property:
a. Specific Distribution of Cash to RAYMOND R. SHOWERS
1. Primary Beneficiary
Upon my death, my Trustee shall distribute $20,000.00 to
RA YMOND R. SHOWERS, free of trust.
2. Death- of Beneficiary
If RA YMOND R. SHOWERS should predecease me or die before this
specific cash distribution is made, the cash distribution shall lapse.
3. Apportionment of Expenses and Taxes
All expenses, claims, liens, encumbrances and taxes relative to this
specific distribution shall be paid by the beneficiary who receives
this specific distribution.
Section 2. Estate Planning Letter or Memorandum
To the extent permitted by state law and not necessary to fully utilize a Deceased Trustor's
Unused Unified Credit Equivalent, my Trustee shall distribute personal or household items from
my Trust Estate to such persons as I may direct by a written instrument signed by me and
delivered to my Trustee.
Section 3. Fractional Gift of Income in Respect of a Decedent
Unless specifically devised to a beneficiary, after my death, my Trustee shall distribute a
fraction of all items of income in respect of a decedent controlled by my Trust to the
beneficiaries of my Trust, by fractional designation, in the same proportions as such
beneficiaries share in the overall value of my Trust Estate by reason of other provisions of my
Trust Agreement.
6-1
Section 4. Specific Distribution Not a Part of My Trust Estate
If the property making up any specific distribution set forth in this Article is not part of my
Trust Estate at the time such specific distribution is to be made, and will not become a part of
my Trust Estate within a reasonable time, my Trustee shall disregard that specific distribution.
Section 5. Other Specific Distributions
My Trustee shall make no other specific distributions of my Trust Estate to any beneficiaries
under my Trust Agreement upon my death. All other distributions of trust property shall be
made in accordance with the Articles that follow.
6-2
Article Seven
Retirement Sub trust and Common Pot Trust
Section 1. Creation of Irrevocable Retirement Subtrust
At my death my Trustee shall allocate to a separate irrevocable subtrust, hereby created and to
be known as the Retirement Subtrust, all assets to be received by reason of any Beneficiary
Designation. The Retirement Subtrust and the assets so received shall be held, administered,
divided and distributed according to the provisions that follow.
Section 2. Creation of Common Pot Trust
At my death, my Trustee shall not create a Common Pot Trust. All of my Trust Estate that has
not been distributed under prior provisions of my Trust Agreement shall be held, administered,
divided and distributed according to the provisions of the Articles that follow.
7-1
Article Eight
Division and Distribution of Trust Property
Section 1. Division of Trust Property Into Shares
My Trustee shall divide all trust property not previously distributed into separate shares as
follows:
Beneficiary Name
Share
ANNE MARIE SHOWERS
ROBERT J. SHOWERS
RICHARD W. SHOWERS
1/3
1/3
1/3
The trust share of each beneficiary named in this Section 1 shall be held, administered and
distributed as follows:
a. Distribution of Trust Share for ANNE MARIE SHOWERS
The trust share set aside for ANNE MARIE SHOWERS shall be held, administered
and distributed as follows:
1. Distributions of Net Income
My Trustee shall immediately pay to, or apply for the benefit of,
such beneficiary all accumulated net income from such
beneficiary's trust share, free of trust.
2. Distributions of Principal
My Trustee shall immediately pay to, or apply for the benefit of,
such beneficiary all principal from such beneficiary's trust share,
free of trust.
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3. Distribution on Death of Beneficiary
If such beneficiary should die prior to the time that a distribution
is directed, the beneficiary's interest in such trust share shall lapse
and my Trustee shall distribute the balance of the trust share to
ROBERT J. SHOWERS and RICHARD W. SHOWERS, pro rata.
b. Distribution of Trust Share for ROBERT J. SHOWERS
The trust share set aside for ROBERT J. SHOWERS shall be held, administered and
distributed as follows:
1. Distributions of Net Income
My Trustee shall immediately pay to, or apply for the benefit of,
such beneficiary all accumulated net income from such
beneficiary's trust share, free of trust.
2. Distributions of Principal
My Trustee shall immediately pay to, or apply for the benefit of,
such beneficiary all principal from such beneficiary's trust share,
free of trust.
3. Distribution on Death of Beneficiary
If such beneficiary should die prior to the time that a distribution
is directed, the beneficiary's interest in such trust share shall lapse
and my Trustee shall distribute the balance of the trust share to
ANNE MARIE SHOWERS and RICHARD W: SHOWERS, pro rata.
c. Distribution of Trust Share for RICHARD W. SHOWERS
The trust share set aside for RICHARD W. SHOWERS shall be held, administered and
distributed as follows:
1. Distributions of Net Income
My Trustee shall immediately pay to, or apply for the benefit of,
such beneficiary all accumulated net income from such
beneficiary's trust share, free of trust.
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2. Distributions of Principal
My Trustee shall immediately pay to, or apply for the benefit of,
such beneficiary all principal from such beneficiary's trust share,
free of trust.
3. Distribution on Death of Beneficiary
If such beneficiary should die prior to the time that a distribution
is directed, the beneficiary's interest in such trust share shall lapse
and my Trustee shall distribute the balance of the trust share to
ANNE MARIE SHOWERS and ROBERT 1. SHOWERS, pro rata.
Section 2. Distributions to Underage or Incapacitated Beneficiaries
Notwithstanding any provision to the contrary in my Trust Agreement other than Section 2 of
Article Twelve, if any beneficiary otherwise entitled to receive a distribution of trust property is
under the age of 25 years or is incapacitated, as defined in Article Twelve, my Trustee shall
retain and administer such beneficiary's trust share for such beneficiary's benefit as follows:
a. My Trustee's Discretion
My Trustee may pay to, or apply for, the benefit of such beneficiary so much of
the net income and principal of such beneficiary's trust share as my Trustee in my
Trustee's discretion deems proper considering all other resources then known to
be available to such beneficiary.
b. Payments Made to Beneficiary or Personal Representative
My Trustee is authorized to make payments under this Section 2 either directly to
the beneficiary, to the beneficiary's Personal Representative or to any other person,
to be used for the benefit of the beneficiary.
c. Trustee's Decisions Are Final
All decisions by my Trustee as to whom my Trustee makes payments, the
purposes for which payments are made and the amounts to be paid out of any trust
share are within my Trustee's discretion.
d. Undistributed Net Income
All undistributed net income shall be accumulated and added to the principal of
the trust share.
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e. Termination and Distribution
Unless distributions from a trust share are withheld pursuant to Section 1 of
Article Twelve, my Trustee shall distribute the trust share to the respective
beneficiary for whom such share is being held under this Section 2 on the latest
to occur of (i) the date upon which such beneficiary reaches the age of 25 years,
(ii) the times for distribution provided in the preceding Sections of this Article, or
(iii) when such beneficiary is no longer incapacitated, as determined by a court of
competent jurisdiction or upon certification by two licensed physicians that such
beneficiary is properly able to care for such beneficiary's property and person.
f. Death of Incapacitated or Underage Beneficiary
Subject to the other provisions of this Section 2, if any beneficiary whose trust
share is being held in trust under this Section 2 dies before the complete
distribution of such beneficiary's trust share, the beneficiary's interest in such trust
share shall lapse and my Trustee shall distribute such beneficiary's trust share to
such beneficiary's then living descendants, per stirpes; or, if none, to my then
living descendants, per stirpes. If I have no then living descendants, my Trustee
shall distribute such beneficiary's trust share as provided in the Articles that
follow.
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Article Nine
Distribution If No Designated Beneficiaries
NONE
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Article Ten
Trustee Administration
I
Section 1. Required Vote for Co-Trustees
a. Trustor Serving as Co-Trustee
Unless otherwise provided in my Trust Agreement, ifI am serving as a Co-Trustee
under my Trust Agreement, I may make decisions and bind my Trust in the
exercise of all powers and discretions granted to me as Trustee without the consent
of any other Trustee.
b. Unanimous Vote for Two Trustees
Other than whenI am serving as Co.-:Trustee, if only two Trustees are serving,
they shall act unanimously in the exercise of all powers and discretions granted
to them under my Trust Agreement.
c. Majority Vote for More Than Two Trustees
Other than when I am serving as a Co- Trustee, if more than two Trustees are
serving under my Trust Agreement, they shall act by majority vote and any
exercise of a power or discretion by a majority of the Trustees shall have the same
effect as an exercise by all of them.
d. Court Order Resolves Disputes
Other than when I am serving as a Trustee, if the Trustees are not able to reach
agreement on any decision as set forth in this Section 1, they shall petition a court
of competent jurisdiction for instructions and shall take no action on the disputed
matter until a court order deciding the issue has been rendered.
Section 2. Power to Delegate
Notwithstanding any other provision of my Trust Agreement, anyone or more of the Co-Trustees
serving under my Trust Agreement may from time to time delegate to another Co-Trustee or
Co-Trustees routine acts of trust administration.
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Section 3. No Bond Required
No Trustee specifically named under my Trust Agreement shall be required to post any bond for
the faithful performance of such Trustee's responsibilities.
Section 4. Trustee Compensation
Other than when I am serving as Trustee, my Trustee shall be entitled to reasonable compensation
for services rendered. Such compensation is payable without the need of a court order. In
calculating the amount of compensation, customary charges for similar services in the same
geographic area for the same time period shall be used as guidelines.
My Trustee shall also be entitled to reimbursement for reasonable costs and expenses incurred
during the exercise of my Trustee's duties under my Trust Agreement.
Any corporate fiduciary shall be entitled to receive compensation for its services in accordance
with its published fee schedule in effect from time to time.
Section 5. Change in Corporate Trustee
Any corporate successor to the trust business of any corporate trustee named under my Trust
Agreement or acting hereunder shall succeed to the capacity of its predecessor without re-
conveyance or transfer of trust property.
Section 6. Written Notice to Trustee
Until my Trustee receives written notice of any death or other event which triggers the right to
payments from any trust or trust shares created under my Trust Agreement, my Trustee shall
incur no liability for distributions made in good faith to persons whose interests may have been
affected by such event.
Section 7. Duty to Account
My Trustee shall render accounts, upon request, to the income beneficiaries under my Trust
Agreement at least annually, at the termination of a trust created hereunder and upon a change
in the Trustees in the manner required by law.
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Section 8. No Court Supervision
No trust or trust share created under my Trust Agreement shall require the active supervision of
any state or federal court.
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Article Eleven
Trustee Powers
Section 1. Powers
In addition to any power hereinafter specifically granted to my Trustee, it is my intention that
my Trustee have the power respecting my Trust Estate that an absolute owner of such property
would have. In accordance with such intention, any power my Trustee needs to administer my
Trust Estate, which is not hereinafter listed, shall be considered as provided for herein.
a. Retention of Property
My Trustee shall have the power to retain any property received into my Trust at
its inception, or later added to my Trust without regard to whether my Trust
investments are diversified, as long as my Trustee considers that retention is in the
best interests of my Trust or is in furtherance of my goals in creating my Trust.
b. Additions
My Trustee shall have the power to receive additions to the assets of the various
trusts created under my Trust Agreement from any source.
c. Business Participation
My Trustee shall have the power to fonn, tenninate, continue or participate in the
operation of any business enterprise including a corporation, a sole proprietorship,
a general or limited partnership or a limited liability company and to effect any
form of incorporation, dissolution, liquidation or reorganization, including, but not
limited to, recapitalization and reallocation of classes of shares or other changes
in the form of the business enterprise or to lend money or make a capital
contribution to any such business enterprise.
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d. Make Investments
My Trustee shall have the power to invest and reinvest the assets of my Trust as
my Trustee may determine to be in the best interests of my Trust without
limitation by any law applicable to investments by fiduciaries. The permitted
investments and reinvestments may include securities such as common or preferred
stock, mortgages, notes, subordinated debentures and warrants of any corporation,
any common trust fund administered by a corporate fiduciary, other property real
or personal, including savings accounts and deposits, interests in mutual or money
market funds or investment trusts, annuities and insurance whether or not such
investments are unsecured or of a wasting nature.
e. Life Insurance
My Trustee shall have the power to obtain, by purchase or by gift or by
conversion, reissue, consolidation or by any other means, and hold as an asset of
my Trust, policies of insurance on my life or the life of any other beneficiary of
my Trust. My Trustee is authorized and empowered to exercise, either before or
after my death, all of the rights, options, elections or privileges exercisable in
connection with such policies. These rights and options should include, but not
be limited to, incapacity benefits, the right to borrow money with which to pay
premiums (or other charges) on any policy owned by my Trust (including any
automatic premium loan feature) or for any other trust purpose, the right to elect
among settlement options offered by the insurance company that issued such
policy, the right to convert such policy to paid-up insurance, extended term
insurance or to any different form of insurance, and the right to arrange for the
automatic application of dividends in reduction of premium payments (or other
charges) with regard to any policy of insurance held in the Trust Estate.
Regarding any such policies:
1. I represent that any policies of life insurance currently
transferred into my trust, or that will be transferred to my
trust hereinafter or purchased at my direction, have been
selected (or will be selected) solely by myself based on my
study and evaluation of (a) the sufficiency of the policy to
meet the goals of my Trust, (b) whether or not available
policy elections should be made, and (c) the current and
projected financial strength and viability of the company
issuing the policy.
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2. My Trustee has made no representations to myself
concerning these policies and none of my study and
evaluation of the policy or policies has been based on any
representation by my Trustee. Furthermore, my Trustee is
under no obligation to examine such policies upon receipt
or to make subsequent or periodic evaluations of same. The
obligations to examine and evaluate shall remain exclusively
with myself.
3. In the event that I or any beneficiary hereunder shall at any
time (1) question the sufficiency of any life insurance
policy, (2) determine that available policy elections should
be made, or (3) question the continued financial strength or
viability of the carrier, it shall be their absolute obligation
to inform my Trustee of those facts in writing. My Trustee
shall be indemnified and held harmless for any actions
taken pertaining to policies held by my Trust except for the
payment of policy premiums from available assets.
f. Dealing With Property
My Trustee shall have the power to acquire, grant, hold in a safe deposit box or
dispose of property including puts, calls and options (including options on stock
owned by the estate), for cash or on credit, including maintaining margin accounts
with brokers, at public or private sale, upon such terms and conditions as my
Trustee may deem advisable, and to manage, develop, improve, exchange,
partition, change the character of, or abandon property, or any interest therein, or
otherwise deal with property.
Specifically, my Trustee shall have the power to use and expend my Trust income
and principal to conduct environmental assessments, audits, and site monitoring
to determine compliance with any environmental law or regulation thereunder; to
take all appropriate remedial action to contain, clean up or remove any
environmental hazard, including a spill, release, discharge or contamination, either
on my Trustee's own accord or in response to an actual or threatened violation of
any environmental law or regulation thereunder; to institute legal proceedings
concerning environmental hazards or contest or settle any such legal proceedings
brought by any local, state or federal agencies concerned with environmental
compliance, or by a private litigant; to comply with any local, state or federal
agency order, or court order directing an assessment, abatement or cleanup of any
environmental hazards; to employ agents, consultants and legal counsel to assist
in or perform the above undertakings or actions; and, in general, to take all
appropriate actions to prevent, identify, or respond to any actual or threatened
violations of any environmental law or regulation thereunder.
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No Trustee under my Trust Agreement shall be liable for any loss or depreciation
in value sustained by my Trust as a result of my Trustee retaining any property
upon which there is later discovered to be hazardous materials or substances
requiring remedial action pursuant to any federal, state or local environmental law
unless my Trustee contributed to the loss or depreciation in value through willful
default, willful misconduct, or gross negligence. Moreover, my Trustee shall not
be obligated to accept any property on behalf of my Trust without my Trustee first
having the opportunity to determine, in my Trustee's discretion, that such property
is not contaminated by any hazardous or toxic materials or substances, and that
such property is not being used and has never been used for any activities directly
or indirectly involving the generation, use, treatment, storage, disposal, release, or
discharge of any hazardous or toxic materials or substances. Finally, my Trustee
shall have the power to disclaim any power that, in my Trustee's discretion, will
or may cause my Trustee to be considered an "owner" or "operator" of property
held in my Trust Estate under the provisions of the Comprehensive Environmental
Response, Compensation and Liability Act (CERCLA), as amended from time to
time. This power to disclaim, as contained herein, shall apply to any such power,
whether actually set forth under my Trust Agreement, incorporated by reference
herein, or granted or implied by any statute or rule of law.
g. Borrowing Authority
My Trustee shall have the power to borrow funds from any person, including my
Trustee; to guarantee indebtedness or indemnify others in the name of my Trust
and to secure any such obligation by mortgage, pledge, security interest or other
encumbrance; and to renew, extend or modify any such obligation for a term
within or extending beyond the administration of the term of my Trust. No lender
shall be bound to see to, or be liable for, the application of the proceeds of any
obligation and my Trustee shall not be personally liable for any obligation.
h. Leasing Authority
My Trustee shall have the power, with respect to real or personal property, to
make, renew or amend for any purpose a lease, as lessor or lessee, for a term
within or beyond the term of my Trust with or without option to purchase.
i. Natural Resources
My Trustee shall have the power to enter into any arrangement or agreement,
including a lease, pooling or unitization agreement for exploration, development,
operation, conservation and removal of minerals or other natural resources.
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j. Voting Rights
My Trustee shall have the power to vote a security in person or by general or
limited proxy; to participate in or consent to any voting trust, reorganization,
dissolution, liquidation or other action affecting any securities; and to deposit
securities with, and transfer title to, a protective or other committee.
k. Title to Assets
My Trustee shall have the power to hold seCUrItIes and other property in
negotiable form or in the name of a nominee (including "street name" of a broker)
or by deposit to a clearing corporation, with or without disclosure of the Trustee
relationship, but my Trustee shall be responsible for the acts of any nominee in
the scope of the nominee's authorized actions with respect to such property or
clearing corporation in connection with the property.
l. Insurance
My Trustee shall have the power to insure the assets of my Trust against any risk,
and my Trustee against liability, with respect to third persons.
m. Settlement of Disputes
My Trustee shall have the power to payor contest any debt or claim; to
compromise, release and adjust any debt or claim; and to submit any matter to
arbitration.
n. Payment of Expenses
My Trustee shall have the power to pay any taxes, assessments, reasonable
compensation of my Trustee and other expenses incurred in the collection,
management, care, protection and conservation of my Trust Estate.
o. Principal and Income
My Trustee shall have the power to allocate items of income or expenditure to
either income or principal and to create reserves out of the income as my Trustee,
in my Trustee's discretion, deems appropriate and my Trustee's decision, made in
good faith with respect thereto, shall be binding and conclusive on all persons.
This power of allocation shall also apply to income during administration of my
Trust after my death.
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p. Distribution of Trust Property
My Trustee shall have the power to make any distribution or payment in kind or
in cash, or partly in kind and partly in cash, and to cause any share to be
composed of cash, property or undivided interests in property different in kind
from any other share, either pro rata or non pro rata, without regard to differences
in the tax basis of such property and without the requirement of making any
adjustment of the shares by reason of any action taken pursuant hereto.
Any division, allocation, apportionment or valuation of the property to distribute
the assets to or among any of the trusts, shares or beneficiaries shall be made by
my Trustee, and the good faith determination of my Trustee shall be binding and
conclusive on all parties.
q. Litigation
My Trustee shall have the power to prosecute or defend actions, suits, claims or
proceedings for the protection or benefit of my Trust and my Trustee in the
performance of my Trustee's duties.
r. Employment of Agents
My Trustee shall have the power to employ agents, including attorneys,
accountants, investment advisors, custodians, appraisers or others, including any
firm of which my Trustee is a member, to advise or assist my Trustee, to delegate
to them fiduciary powers and to indemnify them against liability for positions
taken in good faith and with reasonable basis.
s. Corporate Fiduciary
If any stock of a corporate trustee, or of any affiliate or successor of a corporate
trustee, shall be included in the assets of my Trust, my Trustee shall have full
authority, in my Trustee's discretion, and notwithstanding any regulation or rule
of law to the contrary to retain the stock and any increases resulting from stock
dividends and stock splits and from the exercise of purchase rights and the
purchase of fractional shares needed to round out fractional share holdings that
may arise concerning the stock. My Trustee shall vote the stock either di:rectIy or
by proxy, except to the extent my Trustee is prohibited by law from voting the
stock, in accordance with the written instructions or a majority of the then living
beneficiaries then entitled to current distributions of income or their Personal
Representatives. In the event no instruction is given, my Trustee is authorized to
vote the stock in the best interests of the beneficiaries in view of the purposes for
which my Trust was created.
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t. Investment Transactions
With regard to record keeping for investment transactions, my Trustee need not
provide copies of confirmations or similar notifications each time a trade or
investment transaction occurs, but investment transactions shall be set forth in my
Trustee's periodic accounting.
u. Repairs and Improvements
My Trustee shall have the power to make ordinary or extraordinary repairs or
alterations in buildings or other structures, to demolish any improvements, and to
raze existing or erect new party walls or buildings.
v. Business Personnel
My Trustee shall have the power to elect or employ directors, officers, employees,
partners or agents of any business and to compensate such persons, whether or not
any such person is a Trustee, director, officer, partner or agent of my Trustee or
a beneficiary of my Trust.
w. Farm or Ranch Property
With respect to farm or ranch property, my Trustee shall have all necessary
powers to participate in and operate any farming (including tree farming) or ranch
operation personally or with hired labor, tenants or sharecroppers, to lease any
farm for cash or a share of crops under a lease that permits or precludes the
material participation of my Trustee to fertilize and improve the soil; to employ
conservation practices; to participate in goverrunent programs; and to perform any
other acts deemed by my Trustee necessary or desirable to operate the property.
In making a decision whether to materially participate in farming or ranch
operations, my Trustee shall consider whether an election should be made or has
been made under Code Section 2032A to qualify for special farm-use valuation.
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. .
x. Ancillary Trustees
If, for any reason, my Trustee deems it advantageous to act through an ancillary
Trustee, my Trustee may designate an ancillary Personal Representative or Trustee
qualified to serve in the jurisdiction where such ancillary Trustee is to act and may
delegate to such ancillary Trustee such of the powers granted under my Trust
Agreement as my Trustee deems advisable without being chargeable with loss, if
any, arising out of such designation or delegation. My Trustee may specify
whether any corporate Trustee, or any person or persons acting in an ancillary
capacity hereunder, shall serve with or without bond. Except as may be otherwise
specifically provided, no ancillary Trustee need comply with the provisions of any
Uniform Trustee's Accounting Act, the Uniform Trust Act or similar acts in force
in any state where the fiduciary may be acting.
y. Retention of Closely Held Interest
My Trustee shall have the power to retain any real estate interests, closely held
securities or affiliated companies or business interests, and to sell or dispose of
such interests only after careful consideration and after determining that sale or
disposition is under the existing circumstances in the best interests of my Trust or
its beneficiaries.
If at any time my Trust holds any stock in an S corporation, and my Trustee
deems it appropriate for such corporation to maintain its Subchapter S election, or
if my Trustee:; deems a Subchapter S election advisable for any corporation the
stock of which is held in my Trust, my Trustee may take all of the necessary
actions to segregate the S corporation stock, or other corporation stock for which
a Subchapter S election is to be made, from the other assets of my Trust, and in
my Trustee's discretion, and otherwise consistent with the terms of my Trust to
the greatest extent possible, may form new trusts and may amend the terms of my
Trust Agreement as would be necessary to establish Qualified Subchapter S Trusts
to hold the said S corporation stock and assets in compliance with Code Sections
1361(b) and 1361(d)(3).
z. Exercise of Authority
Except as otherwise provided in my Trust Agreement, my Trustee shall have the
power to do all acts that might legally be done by an individual in absolute
ownership and control of property.
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. ' ,
aa. Power to Divide or Combine Trusts
My Trustee shall have the power to divide a single trust into separate shares, each
to be administered in accordance with the terms and conditions of the single trust
from which they were created when my Trustee, in my Trustee's discretion,
determines that division is desirable or advisable in view of ta,,\ considerations,
including considerations related to income tax, gift tax, inheritance ta,,\ or
generation skipping transfer tax or other objectives of the trusts and their
beneficiaries.
My Trustee shall not be required to make a physical segregation or division of the
various trust shares created under my Trust Agreement except as segregation or
division may be required by reason of the termination and distribution of any of
the trust shares, but my Trustee shall keep separate accounts and records for
different undivided interests.
My Trustee, in my Trustee's discretion, shall have the further power to combine
two or more trusts or-trust shares having substantially the same terms into a single
trust for purposes of administration when tax or other factors indicate that such
combination would be desirable or advisable.
In deciding whether to combine trusts or trust shares, my Trustee shall consider
the generation skipping "inclusion ratio" of the trusts or trust shares to be
combined. Trusts or trust shares having the same inclusion ratios may be
combined. Trusts or trust shares having different inclusion ratios should generally
not be combined unless their inclusion ratios are maintained unchanged through
substantially separate and independent shares of different beneficiaries within the
meaning of Code Section 2654(b) and the applicable regulations thereunder.
Specifically, unless there is a Personal Representative, my Trustee has the
authority to allocate any portion of my respective exemptions under Code Section
2631(a) to property as to which I am the respective transferor, including any
property transferred by myself during my lifetime as to which I did not make an
allocation prior to my death. My Trustee also has the authority to make the
special election under Code Section 2652(a)(3). If Code Section 2631(a) or
2652(a)(3) is not interpreted as to allow a Trustee to exercise such election, then
a Personal Representative shall be appointed and is authorized to allocate my
respective exemptions and to exercise the said special election.
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If my Trustee considers that any distribution from a trust or trust share hereunder,
other than pursuant to a power to withdraw or appoint, is a taxable distribution
subject to the federal generation skipping transfer tax payable by the distributee,
my Trustee may increase the distribution by an amount that my Trustee would
estimate to be sufficient to pay that tax and any additional tax thereon, and shall
charge the same against the trust or trust share to which the tax relates.
If my Trustee considers that any termination of an interest in my Trust or a trust
share hereunder is a taxable termination subject to the federal generation skipping
transfer tax, my Trustee may pay that tax from the portion of the property to
which the tax relates without any adjustment of the relative interests of the
beneficiaries.
bb. Termination of Small Trust
If at any time after my death the costs of administration of my Trust (or any share
thereof) are of such an amount in relation to the then principal and undistributed
income of my Trusf(or any share thereof) that my Trustee, in my Trustee's
discretion, determines that my purposes in establishing my Trust would no longer
be served, and if my Trustee deems it advisable to distribute the then principal and
undistributed income of my Trust (or any share thereof) to the then living
beneficiary or beneficiaries, my Trustee (other than any then current beneficiary
of my Trust who, if then serving as a Trustee, may appoint an independent Trustee
to serve only for the purpose of determining the advisability of termination in such
independent Trustee's sole discretion) may do so without responsibility on the part
of my Trustee. Such a distribution on behalf of a beneficiary under a disability,
in the Trustee's discretion, may be made to the Guardian of the person of such
beneficiary, or to the parent of such beneficiary, if such beneficiary is a minor, or
may be applied by my Trustee for such beneficiary's benefit.
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~ \ I .
Article Twelve
General Provisions
Section 1. Spendthrift Protection
Neither the principal nor the income of any trust created or contained under my Trust Agreement
shall be liable for the debts of a beneficiary nor shall the same be subject to seizure by any
creditor of any beneficiary under any lien or proceeding at law or equity. Except to the extent
otherwise expressly provided in my Trust Agreement, no beneficiary shall have the authority or
power to sell, assign, transfer, encumber or in any manner to dispose of a beneficial interest,
whether income or principal. The limitations herein shall not restrict the exercise of any power
of appointment or the right to disclaim by any beneficiary.
In addition, if a Trustee, at a time that distribution to any beneficiary is directed to be made
under the provisions of my Trust Agreement, in such Trustee's sole discretion, determines that
reliance on government benefits, illness, substance dependency, bankruptcy, litigation or any
factor tending to diminish the ability of a beneficiary to fully benefit from a distribution or to
handle financial affairs exists, my Trustee may withhold any such directed distribution and may
extend the term of my Trust as to any portion of my Trust Estate otherwise allotted for any so
affected beneficiary. Thereafter my Trustee may continue to distribute income or principal to
such beneficiary as my Trustee may determine in my Trustee's sole discretion.
Section 2. The Rule Against Perpetuities
Unless sooner terminated or vested in accordance with other provisions of my Trust Agreement,
all interests not otherwise vested including, but not limited to, all trusts and powers of
appointment created hereunder shall terminate one day prior to twenty-one (21) years after the
death of the last survivor of the group composed of me and my lineal descendants living on the
date of my death. At that time, distribution of all principal and all accrued, accumulated and
undistributed income shall be made to the persons then entitled to distributions of income or
principal and in the manner and proportions herein stated irrespective of their then attained ages.
Section 3. Incapacity
A person shall be considered incapacitated in the event such person has been determined to be
legally incompetent by a court of competent jurisdiction; has been certified by two licensed
physicians to be unable to properly handle his or her own affairs by reason of physical illness or
mental illness; or otherwise is unable freely to communicate for a period of 90 days.
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Section 4. Income and Principal Payments
All payments of income or principal shall be made in such of the following ways as my Trustee
determines appropriate:
a. To each respective beneficiary in person upon his or her personal receipt;
b. Deposited in any bank to the credit of such beneficiary in any account
carried in his or her name or jointly with another or others;
c. To the parent or legal representative of the beneficiary;
d. To a Custodian under a Uniform Transfers to Minors Act or Uniform Gifts
to Minors Act selected by my Trustee for such period of time under
applicable law as my Trustee determines appropriate;
e. To some near relative, friend or institution having primary responsibility
for the care and custody of the beneficiary;
f. By my Trustee using such payment directly for the benefit of such
beneficiary; or
g. To the Trustee of any revocable trust of which the beneficiary is the
Trustor.
Section 5. Limit on Trustee's Discretion
Notwithstanding any other provision in my Trust Agreement, no individual Trustee who is also
a beneficiary hereunder ("Trustee-beneficiary") shall have any right, power, duty or discretion
concerning my Trust Estate if such right, power, duty or discretion conferred upon such Trustee
under my Trust Agreement amounts to a general power of appointment under Code Section 2041
or 2514 that would cause any assets of my Trust Estate to be included in the estate of such
Trustee-beneficiary. Any such right, power, duty or discretion with such effect shall be null and
void with respect to such Trustee-beneficiary. No Trustee who is under a legal obligation to any
beneficiary of my Trust Agreement or other person shall under any circumstances partake in any
decisions relating to any discretionary distributions of income or principal of my Trust Estate that
can be used to discharge any such legal obligation of such Trustee.
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.. .., ..
Section 6. No-Contest Clause
If any person or entity, other than myself, singularly or in conjunction with any other person or
entity, directly or indirectly, contests in any court the validity of my Trust Agreement, including
any amendments thereto, then the right of that person or entity to take any interest in the Trust
Estate or to act in any fiduciary capacity shall cease, and that person (and his or her descendants)
or entity shall be deemed to have predeceased me.
Section 7. Disclaimer by Beneficiary
No beneficiary shall be entitled to accelerate any distribution to the beneficiary or to terminate
his or her trust interest and thereafter receive outright distribution by use of a disclaimer.
Section 8. Captions
The captions of Articles, Sections and Paragraphs used in my Trust Agreement are for
convenience of reference only and shall have no significance in the construction or interpretation
of my Trust Agreement.
Section 9. Severability
Should any of the provisions of my Trust Agreement be for any reason declared invalid, such
invalidity shall not affect any of the other provisions of my Trust Agreement, and all invalid
provisions shall be wholly disregarded in interpreting my Trust Agreement.
Section 10. Statutory References
Unless the context clearly requires another construction, each statutory reference in my Trust
Agreement shall be construed to refer to the statutory section mentioned, related successor
sections, and corresponding provisions of any subsequent law, including all amendments.
Section 11. Simultaneous Deaths
If any beneficiary under my Trust Agreement and I die under circumstances in which the order
of deaths cannot be established, I shall be deemed to have survived the beneficiary and my Trust
Agreement shall be construed accordingly.
12-3
. t, L
Section 12. Gender and Number
In my Trust Agreement, where appropriate, except where the context otherwise requires, the
singular includes the plural and vice-versa, and words of any gender shall not be limited to that
gender.
Section 13. Governing Commonwealth Law
My Trust Agreement and the trusts created under it shall be construed, regulated and governed
by and in accordance with the laws of the Commonwealth of Pennsylvania.
Section 14. Definitions
The following terms as used in my Trust Agreement are defmed as indicated:
a. Beneficiary Designation
The term "Beneficiary Designation" means any document executed by me which
affects the manner of payment of amounts held in a plan (of whatever type)
subject to the distribution rules of section 401(a)(9) of the Code or any
commercial annuity or any similar deferred payment arrangement.
b. Child, Children, Issue and Descendants
The terms." child" or "children" mean lawful blood descendants in the first degree
of the parent designated; and "issue" and "descendants" mean the lawful blood
descendants in any degree of the ancestor designated provided, however, that if
a person has been adopted, that person shall be considered a child of such
adopting parent, and such adopted child and his or her issue shall be considered
as issue of the adopting parent or parents and of anyone who is by blood or
adoption an ancestor of the adopting parent or either of the adopting parents. The
terms "child," "children," "issue," "descendant" and "descendants" or those terms
preceded by the terms "living" or "then living" shall include the lawful blood
descendant in the appropriate degree of the ancestor designated even though such
descendant is born after the death of a parent.
12-4
. 41 I ""
c. Code
The term "Code" means the Internal Revenue Code of 1986, as amended from
time to time. The terms "gross estate," "adjusted gross estate," "taxable estate,"
"unified credit," "state death tax credit," "maximum marital deduction," "marital
deduction," and any other terms that, from the context in which they are used,
refer to the Code, shall have the same meaning as such terms have for the
purposes of applying the Code to my Trust Agreement.
d. Deceased Trustor
The term "Deceased Trustor" means a Trustor who has died.
e. Death Taxes
The term "death taxes" means all inheritance, estate, succession and other similar
taxes that are payable by any person on account of that person's interest in the
estate of the decedent or by reason of the decedent's death, including penalties
and interest but excluding the following:
1. Any addition to the federal estate tax for any "excess
retirement accumulation" under Code Section 4980A;
2. Any additional tax that may be assessed under Internal
Revenue Code Section 2032A; and
3. Any federal or state tax imposed on a generation skipping
transfer, as that term is defined in the federal tax laws,
unless that generation skipping transfer tax is payable
directly out of the assets of a trust created by my Trust
Agreement.
f. Education
The term "education" shall be given broad interpretation and may include but not
be limited to:
1. High School
Education at public or private elementary or high schools, including
boarding schools.
12-5
.. l. ..
2. College
Undergraduate and graduate study in any and all fields whatsoever,
whether of a professional character in colleges or other institutions
of higher learning.
3. Specialized Training
Specialized formal or informal training in music, the stage, the
handicrafts, the arts, or vocational or trade schools whether by
private instruction or otherwise.
4. Other Educational Activities
Any other activity including foreign or domestic travel which shall
tend to develop fully the talents and potentialities of each
beneficiary regardless of age.
g. Heirs at Law
References to someone's "heirs at law" mean individuals, who are living at the
event when property is directed to be distributed to them. Those individuals'
identities, and the shares of the distributable property which they each receive,
shall be determined under the intestacy laws of the Commonwealth of
Pennsylvania which then govern the distribution of the personal property of a
resident dying then, without creditors, owning only the distributable assets.
h. Personal Representative
The term "Personal Representative" means trustee, executor, executrix,
administrator, administratrix, conservator, guardian, custodian or any other type
of personal representation.
12-6
... 'I ..
I. Per Stirpes
In every case in which a disposition of an interest is to be made to the issue of a
person "per stirpes", it is intended that such disposition shall be made in
accordance with the principle of representation. This principle in relation to my
Trust Agreement means that whenever property is to be distributed to the issue of
a person, such property shall be divided into as many shares as there are, at the
time of disposition, living issue in the nearest degree of kinship to such person and
then deceased issue in the same degree who left issue who are then living, each
then living issue in the nearest degree receiving one share and the share of each
then deceased issue in the same degree being divided among his or her issue in the
same manner.
j. Retirement Account
The term "Retirement Account" means any deferred payment account, whether or
not considered a qualified plan under sections 401, 403,408 or any other section
of the Code, under which by reason of fiduciary accounting principles income is
considered earned but not immediately payable.
k. Trust Estate
The term "Trust Estate" means all of the property, real and personal, intangible
and tangible, which has been transferred to my Trustee, whether or not listed on
any Schedules.
l. Trustee's Discretion
The term "discretion" with regard to a Trustee means such Trustee's sole but
reasonable judgment. In exercising any discretionary power with respect to my
Trust, my Trustee shall at all times act in accordance with fiduciary principles and
shall act reasonably under the circumstances and not in bad faith or in disregard
of the purposes of my Trust.
ID. Unused Generation Skipping Tax Exemption Equivalent
The term "Unused Generation Skipping Tax Exemption Equivalent" means the
generation skipping transfer tax exemption provided in section 2631 of the Code
in effect at the time of death of a Trustor, reduced by the aggregate of (1) the
amount, if any, of such exemption allocated by a Trustor or by operation of law
to a Trustor's lifetime transfers and (2) the amount, if any, a Trustor or a Trustor's
Personal Representative or a Trustee has specifically allocated to property other
than property to which such exemption is directed to be allocated by any
applicable provision of my Trust Agreement.
12-7
.. '4 ...
For purposes of my Trust Agreement, if at the time of death of a Trustor such
Trustor has made lifetime transfers of property to which an inclusion ratio of
greater than zero would be applicable and for which the gift tax return due date
has not expired (including extensions) and a return has not yet been filed, it shall
be deemed that the generation skipping transfer exemption has been allocated to
such transfers to the extent necessary and possible to exempt such transfers from
generation skipping transfer tax.
n. Unused Unified Credit Equivalent
The term "Unused Unified Credit Equivalent" means that value of a Deceased Trustor's
taxable estate determined without regard to the marital deduction that can be transferred
at death without causing any federal estate tax liability because of:
1. Any available Unified Credit,
2. The Credit for State Death Tax to the extent it does not
increase the amount of death taxes payable to any state,
3. The Credit for Prior Transfers,
4. Allowable exclusions from the Taxable Estate,
and that is in excess of the net value of ail property includable in the taxable
estate of a Deceased Trustor that does not qualify for the marital deduction or any
other deduction; whether that value passes outside of my Trust (by way of joint
tenancy, life insurance contact, will, or otherwise) or under other provisions of my
Trust.
12-8
..,~..
I have executed my Trust Agreement on the date set forth on the fIrst page of my Trust
Agreement.
I certify that I understand my Trust Agreement and that it correctly states the terms and
conditions under which my Trust Estate is to be held, managed and disposed of by my Trustee.
I approve this revocable living trust in all particulars and request my Trustee to execute it.
Trustor:
~fitkL~~
/EL ETH S.,-SHO RS
Trustee:
4~~/~~~~~
. ELI v ETH S. S. 0 S
COMMONWEALTII OF PENNSYLVANIA )
COUNTY OF DAUPHIN
S8
)
On this JAN 9 1998 , before me, ~/ AJ fJfr !.. FE7T&12iH/l~ the undersigned
officer, personally appeared ELIZABETH S. SHOWERS, Trustor and Trustee, known to me (or
satisfactorily proven) to be the person whose name is subscribed to the within instrument and
acknowledged that she executed the same for the purposes therein contained.
In witness whereof I hereunto set my hand and official seaL
;,~f/YLd.c-
Notary Public
;f i/ -- ~I
.' . ~.' .-l!t.c!..{.. " ) -
Title of Officer
Notarial Seal
Linda L. Fetterhoff. Notary Public
Derry Twp.. Dauphin County
My Commission Expires Nov. 8, 1999
Member, Pennsylvania Association ot Notaries
12-9
C@[1i>W
FIRST AMENDMENT TO
THE ELIZABETH S. SHOWERS LIVING TRUST
On Janumy 9, 1998, I, ELIZABETH S. SHOWERS signed the
ELIZABETH S. SHOWERS LIVING TRUST, as Trustor, more fonnally known as
ELIZABETH S. SHOWERS, Trustee, or her successors in trust, under the
ELIZABETH S. SHOWERS LIVING TRUST dated Jm1Uary 9, 1998, and
any amendments thereto
Pursuant to the light reserved to me under Article Four of the Oliginal trust
agreement refen'ed to above which allows me to mnend my Living Trust in writing
at any time, I hereby amend that bust agreement in the following respects:
1. Article Six, Section 1 of my Oliginal Living Trust Agreement is hereby
revoked in its entirety and amended as follows:
Section 1. Specific Distributions of Trust Property
My Trustee shall make the following specific distributions of trust property:
~1
a.
Specific Distribution of Cash to RAYMOND R. SHOWERS.
i' ..::
1. Primary Beneficiary
Upon my death, my Trustee shall distribute $20,000.00 to
RAYMOND R. SHOWERS, free oftrust.
. ,
1.....,..
\.L--
2. Death of Beneficiary
If RAYMOND R. SHOWERS cmmot be located within one (1) year
of the date of my death or should predecease me or die before this
specific cash distribution is made, the cash distlibution shall lapse.
3. Apportionment of Expenses and Taxes
All expenses, claims, liens, encumbrances, and taxes relative to this
specific distribution shall be paid by the beneficiary who receives
this specific distribution.
pJ(
4. Provisions for RAYMOND R. SHOWERS
I have made no other provision in tIlls Trust Agreement for
RAYMOND R. SHOWERS, and I do not intend RAYMOND R.
SHOWERS to receive any additional distributions of T111st property,
not for any lack of affection, but because I feel that he is otheIwise
provided for. Specifically, I do not intend that RAYMOND R.
SHOWERS receive any interest in my share of the faml and cottage
in DIllon County.
I COnfil111 and readopt the remaining provisions of my Oliginal t111St
agreement reserving to myself the light to amend fmiher that t111St agreement and
this amendment thereto.
Dated: ~ '3:D ,2001.
1:i~~~1~
Trustor and T111stee
2
COMMONWEALTH OF PENNSYLVANIA)
)
COUNTY OF DAUPHIN )
We, t<~\\'-{T c(~~d and lkbDn< k ;c7--;'-<.-
the witnesses whose names are signed to the attached or foregoing instrument, being
duly qualified according to law do depose and say that we were present and saw the
trustor sign and execute the instrument as the First Amendment to her Revocable
Trust; that the tmstor signed willingly and executed it as her fi-ee and volunt3.lY act
for the purposes therein expressed; that each subscribing witness in the hearing and
sight of the tmstor signed the instrument as a witness; and that to the best of our
knowledge the tmstor was at that time eighteen or more years of age, of sound mind
and under no constraint or undue influence.
~c!) t1ud
ICL-- J:;~-
I, ELIZABETH S. SHOWERS, trustor, whose name is signed to the
attached or foregoing instrument, having been duly qualified according to law, do
hereby acknowledge that I signed and executed the instmment as the First
Amendment to my Revocable Tmst; that I signed it willingly; and that I signed it as
my fi-ee 3.l1d voluntary act for the purposes therein expressed.
/! ,,' l' 1/77,
/0A,d~;LJ \~~~
,/ ..v /--
ELrt-ABETH S. SHOWERS
Subscribed 3.l1d sworn to and aclmowledged before me by
ELIZABETH S. SHOWERS, the tmstor, and subscribed and swom to before me by
Kd \ '1 T. Creed . and . f)eh,.~.,_ 1:' &1" _.; __ witnesses, on ~'Jj'L~ .')t, ,
\ ,
2001.
~-
C?'
~
~~
Notary Public
Notarial Seal
Susan E. Lederer, Notary Public
Harrisburg, Dauphin County
My Commission Expires May 3, 2004
SECOND AMENDMENT TO
THE ELIZABETH S. SHOWERS LIVING TRUST
On January 9,1998, I, ELIZABETH S. SHOWERS signed the ELIZABETH S. SHOWERS
LIVING TRUST, as Trustor, more formally known as
ELIZABETH S. SHOWERS, Trustee, or her successors in trust, under the ELIZABETH S.
SHOWERS LIVING TRUST dated January 9,1998 and any amendments thereto
On January 30, 2001, I signed a First Amendment to the ELIZABETH S. SHOWERS
LIVING TRUST.
Pursuant to the right reserved to me under A.1ticle Four of the original trust agreement
referred to above which allows me to amend my Living Trust in writing at any time, I hereby
a.mend that trust agreement and the First Amendment to the trust agreement in the following
respects:
1. Article Three, Section 4b of my original Living Trust Agreement is hereby revoked and
amended as follows:
Article Three
Appointment of Trustees
Section 4.
,
, I
Designated Successor Trustees
()
b.
Incapacity Trustees of ELIZABETH S. SHOWERS
--:.-,
If ELIZABETH S. SHOWERS becomes incapacitated while
serving as an Initial Trustee, she shall be replaced by the following
Incapacity Trustee(s) to serve in the priority listed until the list has
been exhausted. Unless otherwise specified, if Co-Incapacity
Trustees are serving, the next following named Successor
Incapacity Trustee(s) shall serve only after all of the Co-Incapacity
Trustees cease to act as Trustees:
r-.)
. . I
( ,.1
C..J
(1) ANNE MARJE SHOWERS
(2) RICHARD W. SHOWERS
I confirm and readopt the remaining provisions of my original trust agreement, and the First
Amendment to my trust agreement, reserving to myself the right to amend further that trust
agreement, the First amendment to the trust agreement and this amendment thereto.
Dated: July 16, 2002
:' 0. . 'f) /~i
/~~~~ /.~//-- \(/f;~~d---
ELIZABETH S. Sl:fOWE1~S: Trustor and Trustee
~
COMMONWEALTH OF PENNSYLVANIA)
)
COUNTY OF DAUPHIN )
We, Kp lit i I Lr€ed and SD-S:J.fl f... LEderu , the witnesses
whose name~ed to the attached or foregoing instrument, being duly qualified according to
law do depose and say that we were present and saw the trustor sign and execute the instrument as
the Second Amendment to her Revocable Trust; that the trustor signed willingly and executed it as
her free and voluntary act for the purposes therein expressed; that each subscribing witness in the
hearing and sight of the trustor signed the instrument as a witness; and that to the best of our
knowledge the trustor was at that time eighteen or more years of age, of sound mind and under no
constraint or undue influence.
U'
'l')
/ .1 1Ji/ U j)
WITNES61 -
(~OC)(
~
,
,. "- . -
WITNESS
( ~/Lv~,---
I, ELIZABETH S. SHOWERS, trustor, whose name is signed to the attached or foregoing
instrument, having been duly qualified according to law, do hereby acknowledge that I signed and
executed the instrument as the Second Amendment to my Revocable Trust; that I signed it
willingly; and that I signed it as my free and voluntary act for the purposes therein expressed.
,/7 . f' . ? "-~'K.i'
,/~/t5~~~~ I (L-J/,~~1.-o:---
ELIZABETH S. S':f!OwERS, Trustor
Subscribed and sworn to and acknowledged before me by EL
trustor, and s1,lbscribed and sworn to before me by
S~ A~i\\;::: Leder€( witnesses, on July 16,2002.
S, the
, and
/liU
Notarial Seal
Mindy S. BcaYer, Notary Public
Lower Paxton Twp., Dauphin Countj
My Commission Expires Apr. 18, 2006
THIRD AMENDMENT TO
THE ELIZABETH S. SHOWERS LIVING TRUST
On January 9, 1998, I, ELIZABETH S. SHOWERS signed the ELIZABETH S.
SHOWERS LIVING TRUST, as Trustor, more formally known as
ELIZABETH S. SHOWERS, Trustee, or her Successors in trust, under the ELIZABETH S.
SHOWERS LIVING TRUST dated January 9, 1998 and any amendments thereto
On January 30, 2001, I signed a First Amendment to the ELIZABETH S. SHOWERS
LIVING TRUST.
On July 16, 2002, I signed a Second Amendment to the ELIZABETH S. SHOWERS
LIVING TRUST.
Pursuant to the right reserved to me under Article Four of the original trust agreement
referred to above which allows me to amend my Living Trust in writing at any time, I hereby
amend that trust agreement and the First Amendment to the trust agreement in the following
respects:
1. Article Three, Section 4c, of my original Living Trust Agreement is hereby revoked and
amended as follows:
Article Three
Appointment of Trustees
\ "
Section 4. Designated Successor Trustees
r'. )
c.
Death Trustees of ELIZABETH S. SHOWERS
C,)
\..:)
Upon the death of ELIZABETH S. SHOWERS, she or her Incapacity Trustee, if
either is then serving as Trustee, shall be replaced by the following Death Trustee(s)
to serve in the priority listed until the list has been exhausted. Unless otherwise
specified, if Co-Death Trustees are serving, the next following named Successor
Death Trustee( s) shall serve only after all of the Co-Death Trustee cease to act as
Trustees:
(1) ANNE MARIE SHOWERS and ROBERT J. SHOWERS; if both are
unable to serve, then
(2) RICHARD W. SHOWERS
2. Article Eight, Section 1, Paragraph 1 of my original Living Trust Agreement is hereby
revoked and amended as follows:
pJ.
Article Eight
Division and Distribution of Trust Property
Section 1. Division of Trust Property Into Shares
My Trustee shall divide all trust property not previously distributed into separate shares as
follows:
Renefici::Jry N::Jme
ANNE MARIE SHOWERS
ROBERT J. SHOWERS
RICHARD W. SHOWERS
Sh::Jre
50%
25%
25%
I confirm and readopt the remaining provisions of Article Eight of my original trust agreement.
I confirm and readopt the remaining provisions of my original trust agreement, the
First Amendment to my trust agreement, and the Second Amendment to my trust agreement
reserving to myself the right to amend further that original trust agreement, the First amendment to
the trust agreement, the Second amendment to the trust agreement, and this amendment thereto.
Dated: .}GVv'\. ,'1..__ \ \ -0 , 2004.
,~,~
(;::l~f: ?_--l, /:;J:'-- {/] _ (_:JY-~~~
EL~ETH S. S;HOWERS, Trustor
The undersigned Trustee acknowledges receipt of and consents to the foregoing
amendment as of the day and year last above written.
h /,,- _ ---. - (___I _j"
(-; &:" ,:7- //1. ;D):(. . '.,' J ' _j A_<.C-~--L-A_<: )>~ ..-
ELIZABETH S. SHOWERS, Trustee
COMMONWEALTH OF PENNSYLVANIA)
)
)
We, \{ Vonne U ~Au~se/( and 1J/"'Vlf 1'1, fl1otp, , the witnesses
whose names are signed to the attached or foregoing instrument, being duly qualified according to
law do depose and say that we were present and saw the trustor sign and execute the instrument as
the Third Amendment to her Revocable Trust; that the trustor signed willingly and executed it as
her free and voluntary act for the purposes therein expressed; that each subscribing witness in the
hearing and sight of the trustor signed the instrument as a witness; and that to the best of our
knowledge the trustor was at that time eighteen or more years of age, of sound mind and under no
constraint" or undue i,,~, ' yen,c e,',
I , ;' 1 ilI/' ~
COUNTY OF DAUPHIN
~a~.~'1ft
I, ELIZABETH S. SHOWERS, trustor, whose name is signed to the attached or foregoing
instrument, having been duly qualified according to law, do hereby acknowledge that I signed and
executed the instrument as the Third Amendment to my Revocable Trust; that I signed it willingly;
and that I signed it as my free and voluntary act for the purposes therein expressed,
f ::: .... /'.-!. /,: "I~{._ ^ ". . j
Ei-IZ~ii~H~~~OW~RS:~~l~~~"'~LC._;Ld
Subscribed and sworn to and acknowledged before me by ELIZABETH S. SHOWERS, the
trustor, and subscribed and sworn to before me by YI/nYln (' blMusser, and
~""'~ M. (f!o~(i\., , witnesses, on -~"'-~------Jl \ ~ ,2004,
~~= l q A. c --^-L.-
Notary Public
Notarial Seal
Susan E. Lederer, Notary Public
Lower Paxton Twp" Dauphin County
My Commission Expires May 3. 2004
,--.---------....--- ..---------------
COMMONWEALTH OF PENNSYLVANIA
DEPARTMENT OF REVENUE
BUREAU OF INDIVIDUAL TAXES
DEPT. 280601 ·
HARRISBURG, PA 17128-0601
REV-1162 EX(11-96)
RECEIVED FROM:
PENNSYLVANIA
INHERITANCE AND ESTATE TAX
OFFICIAL RECEIPT
lEDERER SUSAN E
4811 JONESTOWN ROAD
SUITE 226
HARRISBURG, PA 17109
____u__ fold
ESTATE INFORMATION: SSN: 354-05-5315
FILE NUMBER: 2105-0665
DECEDENT NAME: SHOWERS ELIZABETH S
DATE OF PAYMENT: 1 2/21 /2005
POSTMARK DATE: 12/19/2005
COUNTY: CUMBERLAND
DATE OF DEATH: 03/23/2005
NO. CD 006135
ACN
ASSESSMENT
CONTROL
NUMBER
AMOUNT
101 I $46,340.63
I
I
I
I
I
I
I
I
TOTAL AMOUNT PAID:
$46,340.63
REMARKS:
SUSAN lEDERER, ESQ
CHECK# 1080
SEAL
INITIALS: RSK
RECEIVED BY:
REGISTER OF WILLS
GLENDA FARNER STRASBAUGH
REGISTER OF WillS
,------------
I.. <il 0 '.').I~. 2 I EP-14 JANUARY 2004
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