Loading...
HomeMy WebLinkAbout08-10-79 (2) -'Q . .:\e< "i\t~~~~... ~ ".......~~>~ ~C.33 .[4-73) ." ( '. Jf/t/~7i COMMONWEAL TH OF PENNSYLVANIA DEPARTMENT OF REVENUE BUREAU OF COUNTY COLLECTIONS '* RESIDENT DECEDENT COUNTY OF CUMBERLAND IMPORTANT: This return must be completed in detail and filed in duplicate, with all attached, with the Register of Wills of the County where decedent resided; Return is due within nine months after date of death, unless an extension is granted by the Secretary of Re'ltenue. (Section 703 of the Inheritance and Estate Tax Act of 1961.) Late of Borough of Mechanicsburg Pennsylvania } AFFIDAVIT OF EXECUTOR ~K~ IN THE MATTER OF THE ESTATE OF Lester G. Bixler. Jr. (STATE FULL NAME OF DECEDENTI County State of ) 55: County of Cumberl and Suellyn Bixler and The Commonwealth National Bank by Robert P. Conway. Vicp PresidentXecutor Administrator of the estate of the obove-named decedent being duly sworn, depose and soy : and Tax Manager (DAYI , 19..lB.-{testate leaving 0 lost will, copy of which is hereto attached. } (YEAR) 04)tX~~ Decedent died November (MONTH) Nome and address of attorney or } other authorized repres.entotive to whom 011 correspondence should be moiled. 13 The Commonwealth National Bank 10 South Market Square. Harrisburg. Pennsylvania 17108 That as such Executor deponent is familiar with the affairs of said estate and the property constituting I EXECUTOR-~!)(~X~"~ the assets thereof and their fair market value. That at the time of death there was no safe deposit box registered in decedent's individual name, or jointly with, or as agent or deputy of another, or in decedent's individual name, with right of access by another as agent or deputy, with the exception of the following: - NAME AND ADDRESS OF BANK OR OTHER INSTITUTION IN WHICH DECEDENT RENTED A s..FE DEPOSIT BOX RELATIONSHIP OF JOINT HOLDERS TO DECEDENT That the contents of said safe deposit box or boxes are itemized under Schedules with the exception' of the following, for the reasons hereinafter set forth: of this return, That Schedule A attached hereto and made part hereof sets forth fully and in detail all the real property in the Commonwealth of Pennsylvania of which decedent died having an interest therein. It also sets forth the mortgage encumbrances upon each parcel of real property at the date of death, giving the amount still due at death, name of mortgagee, date, rate of interest, and book and page of record thereof. It also sets forth in the columns provided therefore the assessed valuation of each of said parcels, the estimated market value thereof as of date of death of decedent. That Schedule B attached hereto and made part hereof sets forth fully and in detail all personal property wheresover situated owned by the decedent at the time of death; all moneys left by the decedent at the time of death, whether in decedent's immediate pos session, standing to decedent's credit in banks of deposit, savings banks, trust companies, or other institutions, whether individually, or in trust for any other person or persons giving al so separately the accrued interes t thereon, if any, down to the las t in teres t day prior tu decedent's death in the case of savings banks, and to the date of decedent's death in all other cases; all bonds, postal savings, treasury certificates or notes and other evidence of indebtedness of the United States to the de- cedent; all obligations, whether by statute or agreement they are designated as tax free, of the United States, or any state, or political subdivision thereof, or of any foreign country, which are owned at the time of death; all wearing appar-el, jewelry, silverware, pictures, books, works of art, household furniture, horses, carriages, automobiles, boats, and any and all other personal chattels of whatsoever. kind or nature, left by decedent, together with the fairly estimated market value thereof; all bonds and mortgages held by decedent and of all claims due and owing decedent at the time of death, and all promissory notes or other instruments in writing for the payment of money of which decedent died possessed, of whatsoever nature, with interest thereon, if any, giving the face value and estimated fair market value thereof, and if such estimated fair market value be less than the face value, it sets forth briefly the reasons for such depreciation as to each item; all moneys payable to the estate from life insurance policies carried by decedent; all annuity and endowment contracts the proceeds of which were payable upon the death of the decedent; all and the corporate stocks and dividends due thereon and unpaid as of the dale of death, bonds and accrued interest thereon to the date of decedent's death and other investment securj{..:~ owned by the decedent at the time of death, with the market value there- of at such time. ... . In the case of securities of close or family corporations, the values reported are as far as possible substantiated by financial statements of the corporations, showing the assets and liabilities thereof as of the date of death. The schedule also sets forth the interest of decedent at the time of death in any co-partnership or business, and in support of the value of such interest there is annexed to said schedule, financial statements showing the assets and liabilities of said co-partnership or l:msiness. A cop~' of' t/1P co-partnership agreement, (if oral, a statement setting forth the nature of the agreement) togetner with a statement setting forth the character of the business, its location, and such other facts I'prtaining to the business as may be pertinent to a fair and just appraisal of the decedent's interest ther<ein :nHst he submitted. It should also set forth in itemized form, together with the 'fair market value ther,'nf', any other property owned or bequeathed by the decedent at the time of death. The Schedule C attached hereto and made part hereof sets forth a true answer to each inquiry contained therein and in the case of transfers of property, real or personal, within two years of decedent's death, in contemplation of decedent's death, or intended to t'lke ef'f'ect in possessi.on or enjoyment at or' after death, said schedule sets forth the nature and value of such property, to whom transl";:rred, the relationship 0'1' the transferees to the decedent, the proportionate share received by each transferee amI all other facts of a pertinent nature regarding sain transfers. In the case of transfers intcnde,l Ii' take effect in possession or enjoyment at or after rieath, there is alsO.attached to the schedule a cony of the deed, trust agreement or other instrument creating the trust. There is also set forth in said schedule it list of all property, real anri personal, with its value, which pa~ses at dec.>den r' s deatn h". virtue of the exercise by decedent, either indiVidually, or jointly wi th another, or any power or appoinr- ment vested in decedent, either individually or jointly, by the will, deen, or other instrmnent of' another, with a copy of the instrument creating such power attached to the schedule. That Schedule D attached hereto and made part hereof' sets f'o)'th the n"~es anr! arldress')s of' i:l! persons beneficially interested in this estate at the time of decedent's death, the nature of their res- pective interests, their relationship, if any, to the riecedent, together wi th the ages at lit\' tiTIle ,,1' decedent's death of all minors, annui tants anri beneficiaries for Ii 1'e unner deced'~nt' s Wi] 1. 1 t it! So contains a statement showing which of the beneficiaries namen in the c1ecerient's will, if any. died ,;rior to decf>dent, the dates of their death, their issue, [mn the relationship ot' such issue to tr". ,,,",,..1':iciar)', That Schedule E attached hereto and marie a part hereof sets forth all pI'operty, real and per- sonal, owned by the decedent jointly wi th another or others, including intangible, stanrling in the na!ll'~ of the decedent a.nd others, plus the date arid place of record or instI'lunents errecting the \esti ture or real estate and the date of acquisition of personalty, plus the name, H,idl'e,;s ',n>1 rdlati''',s!::". of co-owners to the decedent. That Schedule F attached hereto and made a part hereof sets t'''''11> (',,:' "".! j" .!" ,. ., Ii .\<'!' , " and deductions claimed for ann on behalf of this decedent's estate, includi.'''', ['"",c,',,,L "X:""'".(''' I'it'd: family exemption, where applicable; costs of a.dministration of this estH'-, ,'".p, !'""., ,J :'",)1<';,:-',' conunissions paid or to be paid; cost expended for burial trusts, ton.L,.; t."'ce ,. ,,, :.,,! gious services, in consequence of the death of the decerient; riebts and claims owing and nn]"; lei at t,ime 01' death; taxes accrued chargeable for period prior to decedent's neath (except those b.}:u}we,l un"'>" S"'lOU,H, 651 of the InherJtallef~ and. Estn.te Tax Act): t()r~pthpr with a strtt(:lolTlc'!11. (If' ('n-!"I If't','!t ~ ["1 I ~.,.~, l~~i:i~~". tions, if any. It 1.s agreed that the fiduciary 11'1.11 present proof 01' 0,,,1.; ,.i ,,:i:t,'d 'Ii,,: .,,]\ quest, that if the amount actually paid in settlement of any fee, commission or debt. is (pss than t:,,~ estimated amount cl aiming ann allowed, that the same will be reported to the Register of \Vi) Is, "il'l t!;c, the amoun t of tax assessed can be reassessed in ac co rriance therewi. tho That the totals of the appropriate colunms in Schedules "A", "B", have been carried forwarn and properly registe!'ed 1.n the Summary. "C", "E", ann "F" as d1.reeted therein, Subscribed and sworn to before me this ...................,,,........ jt .+/1 /:. . j .... day of....lL.LL't4-4-1/". I'" .... -<.. 'J /); Ii1 /.- .~ .....,/../""':~~tc:'c;/n:IJ.. .. ....... 19..:7:} ~~~ The Commonwealth National Bank ~~/ ..........,ay,.;.(~;;~~t~;~~~;~~~"'.,...................._.. ...lQ..S,....Mar.k.et...?q.u~r~ .. . . (StTc:et l'v 1i;~;, ';C~' .....H.~Y'ti..~~lJ..r.g..~....p.~,f.ltl~ylyii.nia 171 Qf3... (City or Town and State) .~A1'~~C~' ~ I J NGr i~~r ~~!),j~~: Ii, y Commission Expires October 13, 1980 narrisbwQ, PA Dauphin Coumr NOTE: Before signing aff'1.davit make sure all blank spaces in tbe affidavit and schednles "P1,,'xpd "t.,. filled 1.n with details or the word "None", and in case the assets inclnde rare an.l unlisted s!'(')!riti"", securi ties of close or family corporations or an interest in any co-partnership or bus1.ness. tlla, U", nata and statements required under the paragraph above relating to Schedu}p "B" are attached. \1 so j;:;tI." cerUtin that column #1 in the "Summary" has been properly completed as above-directed. "cc."41473l COMMOtL/!ALTH OF PENNSYLVANIA DEPARTMENT OF REVENUE BUREAU OF COUNTY COLLECTIONS TRANSFER INHERITANCE TAX RESIDENT DECEDENT SCHEDULE "A" REAL PROPERTY . Real property in Pennsylvania, with statement of mortgage encumbrances upon each parcel at death of dece- dent. Property held by the decedent as tenant in common with anotner or other, should be identified as to quantum of interest and the estimated value should be thClt of the decedent's interest only. (Property held as joint tenants with right of surviorship or tenancy by entire'ties should be reported on Schedule "E.") The real property located In the Commonwealth of Pennsylvania should be (1) (2) (3) described by lot and block number, street and street number, together with DEPARTMENT a general description of the property, with a reference to the record of the ASSESSED VALUE VALUATION conveyance by which the decedent took title; If 0 farm .tate number of a. FOR YEAR OF ESTIMA TED CAUTION cres; also statement of mortgage encumbrances upon each parcel at death "DECEDENT'S MARKET VALUE (Do not write of decedent. Taxes, assessments, accrued Interest on mortgages, etc.,are DEATH In this spoce) to be listed on Schedule "F" and must not be deducted from this schedule. None Insert this total opposite "real property", Schedule "A" in the X X X X X "As Reported" column on the last page of this return. None Nt.. i L-i / "~ffl ~ RI;Vi.oi;' (8.~8') RESIDENT DECEDENT SCHEDULE "B" PERSONAL PROPERTY COMMONWEAL TH OF PENNSYLVANIA TRANSFER INHERITANCE TAX INSTRUCTIONS: This Schedule must disclose all tangible and intangible personal property owned individually by the decedent, at the time of his death. Property owned by the decedent jointly with another or others must be listed under Schedule "E". Intangible personal property, titled in the name of the decedent, but payable at death to another or others, including but not limited to P.O.D. U.S. Savings Bonds and ten tative trust accounts, must be listed, despite the fact that they are not of the adminis tered estate. Tangible personal property should be listed first (e.g. jewelry, wearing apparel, household goods, and furnishings, books, paintings, automobiles, boats, etc.) Intangible personal property, such as bonds, treasury certificates, cash on hand and in bank, stocks, mortgages, notes, together with accrued interest or dividends, salaries or wages, insurance payable to the estate or fiduciary in said capacity, partnership interests, interest in any undistributed estate of or income from any property held in trust under the will or agreement of another, even though located outside of the State, at the time of death, should be listed in this schedule. Item llEM UNIT ESTlMA TED DEPARTMENT No. Li st and descri be fully VALUE MARKET V ALUA nON VALUE (Do not write in this space) 1 Gun cabinet; appraisal attached /' 50.00 /. 2 Gun collection; appraisal attached 400.00 ~1 1978 Ford Bronco; appraisal attached 7,800.00"""" 1977 Sears Gamefisher Boat; sold for 360.00 5. 1976 Yarborough Boat Trailer; sold for 240.00 6. 100 shares American Telephone and Telegraph Co. , capital; NYSE 60.375 6,037.50 7. 50 shares Goodyear Tire and Rubber Company, common; NYSE 16.00 800.00 8. 209 shares Government Services Savings & Loan, guaranty; OTC 8.75 1,828.75 9. Dividend on Item 8 of $.12 per share declared 10/2/78 and payable 11/15/78 to holders of record 10/25/78 25.08 10. 100 shares Texaco, Inc., common; NYSE 23. 125 2,312.50 11. Dividend on Item 10 of $.50 per share declared 10/26/78 and payable 12/8/78 to holders of record 11/6/78 50.00 12. 250 shares United Guaranty Corp., common: NYSE 15.75 3,937.50 -l3. 5,000 shares Sun and Splash Health Club, Inc., common; closelY-held; see attached letter .50 2,500.00 14. $50.00 U.S. Treasury Series E Bonds P.O.D. to Sue11yn Bixler: $25. dated March 1966 $ 35.51 $25. dated June 1966 34.75 70.26 ~5. Sun & Splash & Tennis Club; partnership interest of 50%; valuation statement attached .00 ", -46. Mansion Enterprises; partnership interest of 50%; "- valuation statement attached 43,069.00..'" --l7. RBML Farms; joint venture interest of 25%; /\ valuation statement attached 65,667.00 18. The Northwestern Mutual Life Insurance Co. 65 Lif~ __r' Policy No. 6300534 on the life of Jeffery S. Bixler; 631. 78"""'- Form 938 attached 19. The Northwestern Mutual Life Insurance Company 65 Life Policy No. 5976047 on the life of Brian L. Bixler; Form 938 attached 1 , 167 . 37 - -20. 1,500 shares Waltz & Bixler, P.C., professional corporation; redeemed by the corporation under a stock purchase agreement dated June 4, 1973; ( Agreement and Financial Statement attached 42.345 63,517.50 Insert this total opposite "Personal Property", Schedule "B" in the "As Reported" column on the last page of this return. xx 200,464.24 ~,.;-c 'f C::Jf. ) 'f I ~11( Phone 2S~-8838 * " Qlol. _nrry t1II. lIimrr Auctioneer & Appraiser of RClll Estate and Personal Property Harrisburg's Only Pull Time Auctioneer 1919 Brookwood Street Harrisburg, Pa. 17104 December 18, 1978 To whom it may concern: I, the undersigned apTnnised tlH? following i terns in the estate of Lester G. Bixler, 5021 t.Joodbox Lan4~, Mechanicsburg, to the best of r.ty ability and have no int.?rest in same whatsoever. Commo~wealth National Bank - Co-expcctor The folll)winq are personal proIH"rty 'of Lest~r G. Bi.xler: gun cab i -:,.<:'t ~~ 50 . 00 ~)tm collection 400.00 'WT.t;J. $450.00 ( (0; ( I .'. ' (. .-<lo'( 'j 1//. (. <ie., -,r '_,_,_~ C.:'Il < Ha rry M. l'J:!.1.1'.? r Auction<,p-r and Appr;d ser .. , " " . , J. C. HESS FORD, Inc. Telephone 533.9115 1250 Cocoa Ave. HERSHEY, PA. 17033 ..; '. ~j ~ ,""~ ':a January 25, 1979 --.'''''f , . ~ t '~ , n ~~ ~ Commonwealth National 1510 Cedar Cliff Drive Camp Hill, Pennsylvania 17011 -, .1 ....., Attention: Lois Copeland j 1 -j , Dear Ms. Copeland, In reference to the 1978 Bronco, serial numbvr / U15SLCG6444, titled to Lester G. Bixler, Jr. of 5021 Woodbox Lane, Mechanicsburg, Pennsylvania. e value of the Bronco at this time is $7,800.00 . -~ - ..,.;. ~ .1 -.1 -.I Sincerely, //? ~~u~ ~ -1 ., .; Les Canovas LC/dk , . '.~ -I 1 , 1 c:_ ':4!~~~~<' ':-= N 1.() ...:.... (' ""(1"-;-- :"1 JAN Z \_~ I,," d C.'-i'\,~ I.;., ;,4,. f;t.~fo<t~ ,:~~;'.' v. ii~E ."~ ~ . ~ .' RCC-')t, t'l)\1Ml)\WEALTlI (li' 1'l::\\SYLI,\\L\ THA\~FFj~ I\EF!t!Ti->\Cli '1'-\\ SCHI':])l'I,E "('" Tit\\<':FEJ~S ~,~ /fA "", t ~~ "':i~ ,. '-'''''\.'::'''' \' ----..,.) ~~" ,C'-',t, ~.... r)1 _("\~,t._'~f:-, f~' u.' (~",'J~\"", \~-,,~r"~:.i(.~'- ~y;p "ESlDli\T IWCT!W\T (1) Did decedent, withln two years ol'death, make any trllnsfer of' feny !!llltet'ial part of' hh "statp, without reeplying;\ valuable ar.d adequate consideration therefor? (Answer yes or no)..nD__ (:,lj Did deccdpnt, wi thin two years of <1ellth, transfer propercy from himsel f to himse1 f and anothr'r' or c.thers (tnclwling it spollse) in joint ownership? (c\nswer yes or no) no (:J) II' the ilnSWer to (1) or (:2) above is in tlw affirmative staLe: (a) Age of decedent at t.ime of transfer n la (b) State of decedent's health at time of 1Il1:king the transfer. (Note 1). (c) Cause of decedent's rlellLh. (Note 1). (4) Did decedent, in his lifetime, make Ilny transfer of property wtthout receiv1.ng a valuable or adequate constderati.on theref'or which was to take effect in posseSSion or enjoyment at or after his death? (Answer yes or no) no (a) WIlS there any possibiJ i ty that the property transferred might return to transferer or hIs festate or be subject to his power of dtsposition? (Answer yes or no) no (b) What was the transferee's age at time of decedent's death? n/a (5) Did decedent 1.n his U.fetime make any transfer without receiving a valuable and adequate consideration therefor under which transferor expressly or 1.mpl iedly reserves for his life or any period which does not in fact end 1Jefore his death: (a) The possession or enjoyment of or the right to income from thE' property transferred? (,\nswer yes or no) no (It) The right to designate the persons who shall possess or enjoy the property transferred or income therefrom? (Answer yes or no) no (f;) If the answer to (5) (It) above is in the affirmative, state whether the right. was reserved in decedent alone or o~hers _ n/a . (7) Did ,lecedent in his lifetime make a transfer, the consideration for wh1.ch was transferee's promise to pay income to or for the benefit of care of transferor? (Answer yes or no) nO (8) Di,l decedent, at any time, transfer property, the benef1. cial enjoyment of which was subject to change, because 0 l' It reserved power to alter, amend, 0 I' revoke, or whie h COli] d rever t to decellent under terms of transfer or by operation of' law? (Answer yes or no) yec:. (9) If the answer to (8) above is in the affirmative, was the power to al ter, amend, or revoke the inter- est of the beneficiary reserved in the r!ecedent alone or the decedent and others? (Answer yes or no) yes NOTE 1: The answers to these questions should be supported by affidavit hy the attending physician as well as a copy of" the death certificate. NOTE 2: If answer to any of the above questions is yes, set forth below a description of the property transferred, it's fair market value at date of death, dates of" transfers and to whom trftnsferred, wtth relationship of transf"erees to decedent, if any. Submit copy of any trust deed or tnstrument, if trans- fers are claimer! to be non-taxable, also slilimit r!etatlerl statement of facts on which said claim is based. NOTE 3: List applicable property below in manner in which provided in Schedules A, 13, or E. ITEM l1ESCRIPTION MARKET VALliE (Es t ima ted) DEPT. VAUIATlON (Dept. Only) 1. Decedent was custodian under the Pennsylvania Uniform Gifts to Minors Act for his three childre of the following: 100 shares Capital Mortgage Investments for Jeffery S. Bixler at 1.00 100 shares Capital Mortgage Investments for Leslie S. Bixler at 1.00 100 shares Capital Mortgage Investments for Brian L. Bixler at 1.00 100.00 100.00 100.00 i I I I ----1- Insert this t.ntrtJ oP1'os1. te "Trnnsfers", Schedule "C" in the "As Reported" column on t.he last page of this return. 300.00 j t: --(., t ( '7-'j1.' ";"."?' .~'t,.~.;~........ '..-4 , , , ::' '~. ..~:: ~;..J',~ .~,:.:..:.',rJ~":':~;:~'}:':;~_1-::'~"";::'7~~2;;.~:.~.'~~'!;~~~;~'':~. f4l~~)~ ?~>~~.~:.~::~..<~;'::;~:~;.~,~~~~~\.:~:~~;;,,~~;~~:~~~~~~~~~;~;;".~~;<-0~~~:-.i~.i~:~~~~t~~j;.;~~ ' I ~q (0 100 S . '.,.. #3~ ... LAST WILL AND TEST~IENT OF LESTER G. BIXLER, JR. I, LESTEr G. BIXLER, JR., of Lower Allen Township, Cumberland county, Penns~>V'ania, do hereby make this my Last will and Testa- ment, revokinc any former Wills and Codicils made by me. FIRST: ., give my tangible personal property and all insur- ances thereon ~o my wife, Suellyn Bixler, or, if she does not survive me, t( Lay children who survive me, to be divided between or among them as ':'.hey may agree, my Executors to represent any minor e;hildren in 5\ '.11 division. In the absence of agreement, my Executors ::; shall-'mal~e 5'2(',' division as it deems appropriate, having due regard for the persOl ;:0;1 preferences of my children. My Executors may sell ,:ny such prop-'ty allocated to a minor that it deems unsuitable for :-~uch minor' s \ .'.e, and may pay the proceeds to the minor or to the ~8rson maintc: ing said minor or may deposit said proceeds in the minen." s name . ~'. a bank or savings institution of its choice, payable to the ml.nor ,'c: majority. My Executors may distribute any such property alIa ", ted to a minor directly to the minor or to the person maintaining s {d minor. SECOND: , give, devise and bequeath all the rest and remainder - . )f my estate ( eal, personal and mixed, to The Commonwealth National Bank: 10 Sout ~1arket Square, Harrisburg, Dauphin County , Pennsylvania, Trusi.:ee under lilY Trust Agreement datedCJ)~ q , 1975, IN TRUST NEVr_l,~THELESS, to be handled in the manner provided by the terms of saic Trust Agreement. Should the aforesaid bequest to The Commonwealth National Bank, 'frustee, fail for any reason, I give, devise and bequeath all the rest ~A~Jr' ..:, y "'i,;,;:,(;\~";'.:....., .. - -'""!". ."- ,".. " ,- .-.;:.........\J ~.~.-_;,.-i.... and remainder of my estate, real, personal and mixed, to my wife, Suellyn Bixler, and to my issue, in the intestate proportions provided by the laws of the Commonwealth of Pennsylvania. Should neither wife nor issue survive me, I give, devise and bequeath all of my estate, real, personal and mixed, as follows: (a) One-half (1/2) to my parents, Lester G. Bixler, Sr. and Caroline Bixler, or the survivor of them; (b) One-half (1/2) to my wife's parents, William H. Kuntze1man a~d Eleanor Kuntze1man, or the survivor of them. In the event that either or both of the above gifts fail, such gift as fails shall go as follows: (a) One-third (1/3) to my sieter, Sally B. Williamson, or her issue, per stirpes; (b) One-third (1/3) to my sister, Marybe11e B. Snavely, or her issue, per stirpes; (c) One-third (1/3) to my wife's brother, John W. Kuntze1man, or his issue, per stirpes. THIRD: If any individual beneficiary who would otherwise receive an interest in my probate estate through Item SECOND is under thirty (30) years of age, I direct that his (the masculine to include the feminine) interest be held in trust by The Commonwealth National Bank, hereinafter called Trustee, until such beneficiary reaches thirty (30) years of age. My Trustee shall apply such amounts of income and principal as it, in its sole discretion, deems proper for the support, education and welfare of such beneficiary, and may accumulate any unexpended balance of income to the extent permitted by law. without the inter- vention of a guardian, such amounts may ,be applied directly or may be paid to the beneficiary or to the person with whom such beneficiary dL~~~ -2- ~- -.-- -.. ~ ': -~ ':,;;'~~~:;:};;~L/:.~~:-~;~;.>:;,: ~.~~.:~::~- ,;:~..:. :~;"~:"'~;~~:__~:'~"".;:~~':'.:~~:';'~~~!~ ;,;~7. ~::~:.(i:~:> {:..;~::~:.: .~~:~;~.';~~:'~~~~.:;:.~ .:':-:~.~'.:..~;";~:-;;.~~i.~~': >.J':""'~~'~~~~7-:- ._~~::..;"'l.~~~.:~: :;.- :..~~;: .::';;~ resides or to the person who has the care and control of such benefi- ciary. My Trustee shall not be obliged to supervise or inquire into the application of such amounts by such person, and the receipt of such person shall be a complete release of my Trustee. Should the share of a beneficiary, in the sole opinion of my Trustee, be or become too small to 'varrant continuing such fund in trust, or should its administration be or become impractical for any other reason, my Trustee, in its sole discretion, may pay such share, absolutely, without the intervention of a guardian, to the beneficiary, to the person with whom such beneficiary resides, to the person who has the care and control of such beneficiary, or may deposit such share in the beneficiary's name in a savings account in a savings institution of its choosing, payable to the beneficiary at majority, which I define as twenty-one (21) years. Should a beneficiary die prior to reaching the age of thirty (30) years leaving issue, his interest shall be allocated among said issue by my Trustee and held in trust for said issue, subject to the same trust provisions of this Will, but subject to the additional qualifi- cation that final distribution be made to each said issue upon his reaching the age of twenty-one (21) years, or to his estate in the event of his death. Should a beneficiary die after reaching the age of twenty-one (21) years, but prior to reaching the age of thirty (30) years, leaving no issue, his interest shall be distributed as he may specifically direct in a valid Last Will and Testament. Unless such specific direction is made, the interest of a beneficiary who dies at any age prior to reaching the age of thirty (30) years leaving no issue shall be divided among his brothers and sisters and the issue of deceased brothers and sisters, per stirpes, or, if none exists, among my issue, per stirpes, ~,~~~ -3- ~"r....."-__ .............. - .;., &......__..:"'.......1_....-.. '. ,.~, ._.'.\~::-.- ....: ., ' . , , . "::"-:-. .1. :...,: ~:':. ',"','='!< :'i;': !:l~~~~. ~;::'::>~:':~-,,;;,.::;':,~;;,..:'~<:"'~~;~~>;'\ ::,:; ;.:,._~~.;:,~~~:.~"f.~:~~:~~~~~~~~::;~_~~~~)'~:~ ~;~~::$.!:~;:~~ti'~~~):;~'~~;~\.,..;.-~.;..,~~~\;,j.:~~:-:':"'::~:~:'7~~~:~~~ ...;.....i-~ or, if none exists, among the persons and in the proportions set forth in the final paragraph of Item SECOND, provided that, any portion of such interest payable to a person who is the beneficiary of a subsisting trust under this will shall be added to said trust, and be paid over to said beneficiary in accordance with the provisions of said trust. FOURTH: In the event that my wife, Suellyn Bixler, does not survive me, I name my parents, Lester G. Bixler, Sr. and Caroline Bixler, or the survivor of them, as guardians of the persons of any minor children who survive me. In the event that my parents, Lester G. Bixler, Sr. and Caroline Bixler, are 'unable or unwilling to serve, I name my wife's parents, William H. Kuntzelman and Eleanor Kuntzelman, or the survivor of them, as guardians of the persons of any minor children who survive me. FIFTH: I appoint my wife, Suellyn Bixler, and The Common- wealth National Bank as my Co-Executors. In the event that my wife, Suellyn Bixler, is unable or unwilling to serve, The Commonwealth National Bank shall serve alone. I direct that my Co-Executors or Executor serve without bond in any jurisdiction in which called upon to act. SIXTH: I give to any Executor, Executrix or Executors and to any Trustee or Trustees, named in this Will, or any Codicil hereto, hereinafter referred to in the singular neuter gender, the following powers during the administration and until the completion of the dis- tribution of my estate, and until the termination of all trusts created hereunder and until the completion of the distribution of the assets of such trusts, in addition to, and not in limitation of, any authority given it by law or by other provisions hereof: 64+}. -4- :-~,~" .:4;~. ':;-.>".:..~:.<-: .........-~ - . . . -'. .:-.... ", . - '" ".-' J "._"'-'. '_'. :: ;....:.. ." .l,.-; ,;.... ; ..,., ,~._. ',' '. _ _"". . .. (a) To retain any property of any kind of which I may die possessed, and to invest and reinvest any such property; (b) To invest and reinvest in such stocks, bonds or other property, either real or personal, including any common or diversified trust funds maintained by corporate fiduciaries, as it, in its sole discretion may deem wise, without being limited to what are knovm as "legal investments" and without responsibility for diversification; and to deposit and maintain, in its sole discretion, funds in such amounts as it dee~s proper in banks of its choice, including the keeping of reasonable amounts of cash in banks uninvested; (c) To exercise any options to subscribe for stocks, bonds or other investments; to vote, in person or by proxy; securities held by it and in such connection to delegate its discretionary powers; to join in any plan of lease, mortgage, merger, consolidation, exchange, reorganization, foreclosure or voting trust and deposit securities thereunder of any corporation in which my estate and trusts may hold stocks, bonds or other securities; and generally to exercise all the rights of security holders of any corporation; (d) To sell, transfer, convey, mortgage, pledge, grant options for sales or exchanges, lease for any period of time or ex- change any property, real or personal, which at any time may form part of my estate, for the payment of debts or taxes, or for any purpose of administration nr distribution, at either public or private sale, for such prices, either in cash or for credit, and upon such terms as it, in its sole discretion, may deem wise, and to execute and deliver deeds of conveyance or transfer thereof, without any liability on the part of the purchaser or purchasers, or anyone else dealing with it with respect to my said property, to see to the proper application of the purchase money or proceeds; ~ ,4.~}, -5- "~ .......'~. ~..' . . '" .. , . . }.."..... ~~', . ,~.' ~.. ~ ,. .,..:,~. .. ..... ; , . .:. ":.':-; ~':''";':'' ~~l ;:;:'~'. ~:~ ':::;~::~~:I)',:'-' ~;.;.},;r~~.~~~..;t~~.1-:;~~':.~~;~;~~~;;;:,;.< '.~~~..:~ ~~~:;~.~~.~;):~~: ~:~:'~'.';~-~ :::.;:: ?t...:~,~'Ji:2. ~~~..::~:~. . . .. (e) To renew notes or debts of mine, and to borrow sums of money from any person, including any fiduciary, giving such security therefor, including a pledge or mortgage, as it, in its sole discretion, may deem to be for the best interests of my said estate and trusts; (f) To make settlements and to compromise claims, by or against my estate or trusts, including without limitation, any questions relating to taxes or to any policy of life insurance, on such terms as it, in its sole discretion, may deem wise without the necessity of obtaining any ~ourt approval thereof; (g) To make distribution hereunder either in cash or in kind, or partly in each, as it, in its sole discretion, deems wise; (h) In its discretion, to amortize from income premiums paid for investments which are callable, or have a fixed maturity. SEVENTH: I direct that this Last Will and Testament control the distribution of my property irrespective of whether there are children born to me or adopted by me subsequent to the execution of this Last Will and Testament. EIGHTH: The \vords II issue" and II children" whenever used in this Last Will and Testament shall include adopted children. NINTH: No interest of any beneficiary under this will or any Codicil hereto shall be subject to anticipation or to volun- tary or involuntary alienation. TENTH: All estate, inheritance, succession and other death taxes imposed or payable by reason of my death and interest and penalties thereon with respect to all property comprising my gross estate for death tax purposes, whether or not such property passes under this Will, shall be paid out of the principal of that por- tion of my general estate which does not constitute part of the marital deduction, as if such taxes were expenses of administration ~4~Jr. -6- :~. ~.o:~~<:~~~ :';~{r.~-~~~;;":i;;.2<'h~:J';':~>:...~~.-~. ;;;,.:;;".~.:',;:).;; :;:; -7~~:<""': . !:.;~;::-::~~;. ~<~;..~ ::,.":: :.:/~;-: or .. without apportionment or right of reimbursement. I authorize my Executor and Trustee to pay all such taxes at such time or times as deemed advisable. IN WITNESS WHEREOF, I have set my hand and seal on this my Last Will and Testament this 9 day of a~, 1975. ~~ - l LESTER G. BIXLER, JR~cr' (SEAL ) SIGNED, SEALED, PUBLISHED and DECLARED by Lester G. Bixler, Jr., as and for his Last will and Testament, on the day and year last above written, in the presence of us, who, at his re- quest, in his presence, and in the presence of each other, all being present at the same time, have hereunto subscribed our names as witnesses: -7- ",' ." I . _.':~-t_(~-::~:'-?~~.~~"-:..~.. ~.~;. :' '... . . r,,<.~. ~ ....:....~;~':~.:.,::.~_._._... .::..,._,-:.~ . ::~ '.. .', ..' _.'~'. -.j ,~-,.': . ,-' TRUST AGREEMENT BETWEEN LESTER G. BIXLER, JR., SETTLOR, AND THE COW10NWEALTH NATIONAL BANK, TRUSTEE, DATED ~ (]J~, 1975 KNOW ALL MEN BY THESE PRESENTS, that, in consideration of the mutual covenants of the parties hereto, this Agreement is entered inot this 1 day of {JJ ~ , 1975, by and between LESTER G. BIXLER, JR., of Lower Allen Township, Cumberland County, Pennsylvania, hereinafter called the Settlor, and THE cor~~ONWEALTH NATIONAL BANK, 10 South Market Square, Harrisburg, Dauphin County, Pennsylvania, hereinafter called the Trustee, as follows: ONE: CREATION OF AND ADDITIONS TO TRUST. The Settlor, desiring to establish an unfunded trust, has caused, or may cause, the Trustee to be named as beneficiary of the life insurance policies described in Schedule A, which schedule is attached hereto and made a part hereof, and the Trustee accepts such designation in trust for the purposes and on the conditions hereinafter set forth. The Settlor may, at any time, cause the Trustee to be named as primary or contingent beneficiary of any additional life insurance policy or policies. All such life insurance policies shall be subject to the terms and conditions of this Agreement. The Settlor, or any other person may add property to this trust by deed, will or otherwise; however, the Trustee shall have the right to refuse to accept the trust relationship in connection with tangible personal property. All property added to the trust shall be subject to the terms and conditions of this Agreement. ,':~. . . ';~,,_: ". --v,i:l.- - ~~ .::= /:~:::>';. ~~.;.:: 4';<~~~~,,";<-::-.t/~rj.;,;,;~:,'L~<.,~1.=..:.2::~;t;~~~~~4~:;;"(~:..~<.~~~;'.; .~;~ :.:~~ ::-'. . _~: :;.~: .~::I~~~~: ~:~:.;/:::~.: T"lvO: REVOCATION OR .M1ENDMENT OF TRUST. The Settlor reserves the right to amend, modify or revoke this trust in whole or in part, at any time or times, by notice in writing delivered to the Trustee, and such amendment, modification or revocation shall be effective immediately upon delivery of said notice to the Trustee, except that changes in the Trustee's duties, liabilities or compensation shall not be effective without its consent. THREE: DISTRIBUTION OF PRINCIPAL AND INCOME. The Trustee shall hold, manage, invest and reinvest all prop- erty acquired hereunder during the lifetime of the Settlor for the exclusive benefit of the Settlor, paying to the Settlor all net income, and paying to the Settlor such principal as he may from time to time request in writing. Upon the death of Settlor, the Trustee shall hold, manage, invest and reinvest all property held or acquired hereunder, as follows: 'fRUST A If Suellyn Bixler, hereinafter referred to as Settlor's wife, survives Settlor, and for purposes of Trust A she shall be deemed to have survived him, unless it appears unmistakably that she pre- deceased him, the Trustee shall set aside from the assets that it holds or that are payable to it at the death of the Settlor, as Trust A, such amount as will, when added to the value for Federal estate tax of all other items in Settlor's gross estate which qualify for the maximum marital deduction allowable in determining Federal estate tax on Settlor's estate and pass or have passed to Settlor's wife by will or otherwise, equal said maximum marital -2- "-; ,--~'":.. -.,..--;-, .:.:....."!.;.- , . -"~':'::"-":''';';''~~;-;~'~;''-'~;'''.'.~ .~._'.....':.~_.~ ~.-..,..:; .:~ .<.-~.>: deduction. The final determinations made in the proceedings to fix the liability of Settlor's estate for Federal estate tax pur- poses shall be conclusive as to the total value of Trust A and as to the value of assets allocated thereto by the Trustee in kind. However, should the Trustee allocate assets to Trust A in kind, the Trustee shall not allocate any assets with respect to which no marital deduction would be allowed if such assets had passed from Settlor to Settlor's wife free of trust. Furthermore, the assets so allocated shall have an aggregate fair market value fairly representative of the appreciation or depreciation in the value to the date, or dates, of distribution of all assets then available for distribution. The Trustee shall pay the net income from Trust A to Settlor's wife at least quarter-annually, or, upon her re- quest, monthly, and shall pay to Settlor's wife such sums from the principal of Trust A as will permit her to maintain a standard of living comparable to that enjoyed by her during the Settlor's life- time, including medical care. In addition, the Trustee shall pay to Settlor's wife such sums from the principal of Trust A as she may from time to time request in ~rriting. Upon the death of Settlor's wife, the Trustee shall pay the principal to such person or persons, including her estate, in such proportions, in such manner and for such estates, as she shall specifically appoint by her Last will and Testament. In default of such appointment, either in whole or in part, the Trustee shall payout of the unappointed principal of Trust A any increase in the Federal estate tax on the estate of Settlor's wife resulting from her possession of the power of appointment over the principal of Trust A, and shall add the balance of Trust A to Trust B. -3- ~.'.." r "_~. < '.i>.~:;l'..'.'f;.. !;':~ '. '..~.~'.;.::'~;...~;"'~. ::'.: f..~:.;: 'I'/~~~ ,;-~;~~~,,:..;..::,':-.;. ,:...;;, _,:.,;._~~~:.:;;;./.-: ,.:~;.~,-';';;"'\;(:',~":;::~>:'~:~:;.:;'~ ,:_;~\:';.:: ~,::',..:.;. :''';;~_:''. >::. ',.,....- .:,'..: '.~ TRUST B The Trustee shall set aside all other assets that it holds or that are payable at the death of the Settlor, or at any other time, as Trust B: (a) To pay the net income, at least quarter-annually, in such proportions as it may determine, in its absolute discretion, changing said proportions from time to time, to any or to all of the following persons: Settlor's wife and Settlor's issue. In addition, the Trustee, in its absolute discretion, may at any time that the principal of Trust A has been exhausted, invade the principal of Trust B to provide for the proper and adequate support of Settlor's wife and may at any time invade the principal of Trust B to provide for the proper and adequate support and education, including higher education, of Settlor's issue. Proper and ade- quate support and education may include such items as medical care, foreign travel and instruction in athletic or cultural activities. (b) It is Settlor's intention to give broadest dis- cretionary power with regard to income and principal to the Trustee without need for equality of distribution between or among his beneficiaries and without recognition of intestacy proportions, for the Settlor anticipates that the Trustee will attempt to handle Trust B in the manner that Settlor would recommend if physically present. (c) Settlor recommends, without restricting the absolute discretion of the Trustee in any way, that, should Settlor's wife be no longer living, or should she, in the opinion of the Trustee, be adequately provided for by the remaining assets of Trust Band other resources available to her, the Trustee give consideration -4- "- ~ . .;.:, . . . .- ~#_.",. . ;.-1 ,:,p'",,.- "':" '- . ;.' to distributing to each child of Settlor approximately one-third (1/3) of that portion of the principal of Trust B which the Trustee anticipates will ultimately be paid to such child when the child reaches twenty-four (24) years of age, approximately one-half (1/2) of the remaining portion when the child reaches twenty-seven (27) years of age, and the remainder when the child reaches thirty (30) years of age. (d) When Settlor's wife is no longer living, and when all of Settlor's living children have reached the age of thirty- five (35) years of age, the Trustee shall terminate this trust and make distribution to Settlor's issue in such amounts and proportions as the Trustee, in its absolute discretion, may determine. Any share of Trust B, income or principal, which becomes dis- tributable at termination to a minor, which Settlor defines as twenty- one (21) years of age, shall be held in trust by the Trustee during minority. The Trustee shall apply such amounts of income and principal as it, in its sole discretion, deems proper for the support, education and welfare of such minor, and shall accumulate any unexpended balance of income. Such amounts may be applied directly or may be paid to the person with whom such minor resides or who has the care and control of such minor, without the intervention of a guardian. The Trustee shall not be obliged to supervise or inquire into the application of such amounts by such person, and the receipt of such person shall be a complete release of the Trustee. Should the share of a minor, in the sole opinion of the Trustee, be or become too small to warrant continuing such fund in trust, or should its administration be or become imprac- tical for any other reason, the Trustee, in its sole discretion, may -5- -~. ..n.,. ,::;:..~ ,'-7.'~,:. " ",;. ~. . - . . /."''..-''.'f~,'_-i' ._:.-. '.' ".:'._':< " ;.-,..-." . '.:'''-~' ,: ~:'-<i"'.." :-, :~'. pay such share, absolutely, to the parent or other person maintain- ing said minor or may deposit such share in the minor's name in a savings account in a bank or savings institution of its choosing, payable to the minor at majority. (e) In the event that no issue of Settlor exists to permit distribution as set forth in subparagraph (d) above, the Trustee shall make distribution as follows: (i) One-half (1/2) to Settlor's parents, Lester G. Bixler, Sr. and Caroline Bixler, or the survivor of them; (ii) One-half to Settlor's wife's parents, William H. Kuntzelman and Eleanor Kuntzelman, or the survivor of them. In the event that either or both of the above gifts fail, such gift as fails shall go as follows: (i) One-third (1/3) to Settlor's sister, Sally B. Williamson, or her issue, per stirpes; (ii) One-third (1/3) to Settlor's sister, Marybelle B. Snavely, or her issue, per stirpes; (iii) One-third (1/3) to Settlor's wife's brother, John W. Kuntzelman, or his issue, per stirpes. (f) All property coming into the hands of the Trustee under Trust B shall be held, invested and administered as one trust. To the extent feasible and to the extent permitted by law, the Trustee may, in its discretion, accumulate income and add it to Trust B. (g) If Settlor or any beneficiary of Trust A or Trust B shall, in the sole opinion of the Trustee, be or become mentally -6- .~. -' '. ~ ...... ." . " 0,_-. .' '.. -.. ." .:..... ~ :'. '-' .. ~ .'. ","~".'.'. ~.;. -_,,:,.,:..i..;.,:~_: . . . ."., .-~': .,::'.~.''':''l-''';~f;t"'i'':,'.-::;':'~~' or physically incapacitated, by reason of illness, accident, minority or otherwise, the Trustee may apply either income or principal for the support and welfare of Settlor or such beneficiary directly, or to the person who has the care and control of Settlor or such beneficiary, without the intervention of any guardian, and without obligation to supervise application of said amounts in any way. Any application of Trust A income or principal here- under shall be for the sole benefit of Settlor's wife. (h) Throughout this instrument, Settlor intends that the words "child," "children" and "issue" shall in~lude adopted children. FOUR: POvlERS AND DUTIES WITH REGARD TO INSURANCE. The Settlor reserves to himself during his lifetime, and may receive or exercise, without the consent or approval of the Trustee, or any beneficiary hereunder, all benefits, payments, dividends, surrender values, options, rights, powers and privileges with respect to life insurance policies, including, but not limited to, the following: (a) The power to change the beneficiary of said pol i- cies or any of them; (b) The right to receive all disability benefits, divi- dends, payments, loan values or surrender values provided in said policies or any of them; (c) The power to borrow on, surrender, or pledge any of said policies; (d) The power to exercise any option provided in any of said policies, such as the power to convert to a different kind or amount of insurance, the power to select the method of settlement of the proceeds of any of said policies, etc. -7- .::~~~ ~.$....-., .'.. . .~...;.,,( .-: ..... .:;::.~'. /....::.:. .,'" I ~.;:. .. .......:. .......-..~'~~..;.... .'-->-t'..':"~:~ , It is the intent of the parties hereto that the Trustee shall receive only the proceeds payable at the death of the insured (or upon the death of the primary beneficiary, should the Trustee be entitled to proceeds upon the death of the primary beneficiary), subject to all loans and charges against such proceeds as may have accrued during the Settlor's lifetime, and that the Settlor shall, during his lifetime, retain all other contractual benefits, powers and options under. said policies. The Trustee shall be under no obligation, during the lifetime of the Settlor, to pay any premiums, assessments or other charges necessary to keep the policies in force, nor shall it be under any obligation to ascertain whether the same have been paid, or to notify the beneficiaries hereunder of the non-payment of premiums. The Trustee shall keep safely any and all policies deposited with it, and shall, at the request of the Settlor, execute such releases and other instruments as shall be required to permit the Settlor to exercise any options, privileges or powers reserved to him hereunder. Upon the death of the insured (or upon the death of the pri- mary beneficiary, should the Trustee be entitled to proceeds upon the death of the primary beneficiary), the Trustee shall make all reasonable efforts to collect such sums of money as shall be due it under the terms of said policies of life insurance, including double indemnity benefits, and hold the same in trust for the uses and purposes hereinafter set forth. To facilitate the receipt of such sums of money, the Trustee shall have the power to execute and deliver receipts and other instruments, to compromise or adjust disputed claims in such manner as in its sole discretion seems just, -8- ..... "'':.' . '/' ,..-;.."'~- , ~ , . . ., . . . ..- ~ ",.,;,....':... . '.~': .' .',., .'" ...~. -'.',\," ,:.,~..~..':~, .... :' .....".>... ".,:;,.:\,.;. ';'~,::~.,:. '.',:.;' .;:.~:;. n~~~. '~'~:;";'~~::J.,':~'.' ~ "';'~"<;~'; ...;......~ ~.';':~ ~w~~~~... and to take such steps as in its discretion are necessary and proper for collection thereof; provided that, if payment on any policy is contested, the Trustee shall not be obligated to take any action for collection unless and until it shall have been indemnified to its satisfaction against any loss-, -liability or expense, including attorney's fees, and provided further, that the Trustee is authorized, in its sole discretion, to use any funds in its hands, whether principal or income, to pay the costs and expenses, including attorney's fees, of bringing an action for the collection of the proceeds of any policy hereunder, and may reimburse itself' for any advances made for such purposes. Upon payment to the Trustee of the amounts due under the policies of insurance payable hereunder, the insurance companies issuing such policies shall be relieved of all further liability hereunder and no such company shall be under any responsibility to see to the performance of the trust created hereby. FIVE: POWERS OF THE TRUSTEE. In addition to the powers conferred by case law, by statute and by the other provisions hereof, the Trustee and its successors shall have the following discretionary powers applicable to all real and personal property held by it, including property held for minors, all real and personal property being referred to in this Section as the Trust Estate, which powers shall be effective with- out Court order and shall exist until actual distribution: (a) To retain any property received by it, including its own stock; (b) To invest and reinvest all or any part of the Trust Estate in such stocks, bonds, securities or other property, real -9- . . . . ! . .~-':-:'t .~-,::..,;,;...::,;:~:. ", --,,-;~ :. or personal, as it, in its discretion shall deem proper, without regard to statutes limiting the property which a fiduciary may purchase; -10- .......f."" . .. . . , ',", "'. ".:-W'." -_~""'.~.J ,_~ ~,'.-:<o~:~,~J):-,;..;-'.:....;.._~-;'t~~':....:;'-S.."-..~. >~~;':;.;~:.;;.-c.~~.~~~)~~,>: ..~:'# ..: '..... .' _'"~~. ':. -.":'. distributed, and the Trustee may, in its absolute discretion, cause the share distributed to any distributee to be composed of property like to or different from that distributed to any other distributee; (j) To exercise any subscription right in connection with any security held hereunder, to consent to or participate in any recapitalization, reorganization, consolidation or merger of any corporation, company or association, the securities of which may be held hereunder, to delegate authority with respect thereto, to deposit investments under agreements, to pay assessments, and generally to exercise all rights of investors; (k) To permit the proceeds of any insurance policy to remain with the issuing insurance company for the benefit of any income beneficiary under any optional method of settlement allowed by the issuing company; (1) To invest in endowment, insurance or annuity poli- cies on the lives of beneficiaries hereunder; (m) To do all other acts in its judgment necessary or desirable for the proper management, investment and distribution of the Trust Estate. SIX: INSURANCE ON LIVES OF OTHERS. With respect to any life insurance policies held by the Trus- tee on the lives of other than Settlor, the Trustee is authorized: (a) To apply any dividends or shares of surplus received by it on account of such policies in part payment or abatement or premiums thereon or to collect such dividends or shares of surplus in cash and to distribute same as income; -11- " . . . .. ..: i.:,.'" ..,.~ <C"> ,~~ ;"'>i:',;:...' ".-. ''>:'''1 .,:;.,.;"'..,.;.;,,,;..'1.....;;,;, i-. ~ .,;~_o ,;/~:.:.::;<,.~t~,.;~:,';-<:;.:;~~;l: f;:;:,:.-.~~:"<,-, .:....:.~.~... ":';':" ,;,"':N':\~':;"~~''':"_'; ;;...;;,,;~ :o'~:,; .>. ~ ~,,: ,;~:::' ,; ;..;-, ,:,'~-c:",';'" (b) To pay all premiums on such insurance (or any bal- ance that may remain after application of dividends or surplus as above authorized) from the principal hereof; (c) To permit the proceeds of or any amounts available under any such policies to remain' with the issuing insurance com- pany for the benefit of any income or principal beneficiary here- under, under any of the optional methods of settlement provided in said policies or allowed by the issuing companies (including spe- cifically installment or annuity options resulting in encroachment upon the principal of such proceeds or amounts)'; (d) To exercise any and all rights, options, benefits and privileges vested in the owner of any such policies, including without limitation, those enumerated in Section TWO hereof, and, in addition, the following: (i) To exchange such policies for paid-up or extended insurance; (ii) To convert to any other form of insurance; (iii) To apply the cash values under any option permitted on the policy; (iv) To elect or cancel any Automatic Premium Loan provision; and (v) To sell the contract to the insured for the then cash value. SEVEN: TAXES. All estate and inheritance taxes that become payable by reason of the Settlor's death with respect to the property passing under this Agreement shall, to the extent possible, be paid by the Settlor's estate and not from the property passing under this Agreement. -12- .. . .~.., :-.: ...\;i~',~;,~: ./ilo ~ .'~~~ :_:~;':"~'; ::,..' ,.. . . ,'~ .. .~ . . >;h.:"~:~;'/~ >.:; :'.'::".- '. ~'.' ..' '. ...,,~,,:~~.: ~-~,,"~'~;;''''''''~~fo.''~~~'':'~'!''; ,",,';..:._~....'. :;""i"_'~;'~~'.~~~~ '. '" . ~.- .'. To the extent that taxes, including interest and penalties, shall be paid from the property passing under this Agreement, no bene- ficiary shall be required to refund any part thereof. EIGHT: PROTECTIVE PROVISION. All income or principal held for the use and benefit of the beneficiaries of this trust shall not be in any way or manner sub- ject to anticipation, assignment, pledge, sale or transfer, nor shall any such interest, while in the possession of the Trustee, be liable for or subject to the debts, contracts, obligations, liabilities or torts of any beneficiary, or to"attachments, exe- cutions or sequestrations under process of law. NINE: RESIGNATION AND COI~ENSATION OF TRUSTEE. The Trustee may resign during the lifetime of the Settlor upon thirty (30) days' written notice to Settlor. One or more successor trustees may be appointed by the Settlor, and such successor trustee or trustees shall succeed to all the duties and all the powers, including discretionary powers, herein granted to the Trustee. In the event of the appointment of a successor trustee by a court with jurisdiction over the Trust Estate, such successor trustee shall also succeed to all the duties and all the powers, including discretionary powers, herein granted to the Trustee. The merger or consolidation of any corporate trustee shall not affect its duties and powers. The Trustee shall receive fair and reasonable compensation hereunder. TEN: ABSENCE OF BOND FOR TRUSTEE. The Settlor's express intent is that the Trustee shall serve without bond of any sort in any jurisdiction. -13- ,':, .-: ;~~~ ~. ~c - :;...'. ,~.'" -.:., .-.-.-,.-; .-" ..... .'" . ". -,." .~ .,~o>; . ~.' " ..'.....-. -'---<"" : ~i :"::,, . ' ,~ ~ '" . "-' , '~; ~> \.~.:,: ,:, ,~::. -:, :':;. :-:::~',:,.: ~.~.~ .;'\~~ ~/_l.::,~"':~'~;.-f~:'i.~j;.~:~:;.~;~j,;o:;,:.~~~'~ :":;'?;Y_14~*.:;.f$;~~',:-::!'~ ~'IL~;.",~~4..;."';:~;,~~~~~~ ~::!~~~>~::'*;:~'1U';~,:~..':~i~ -;':~:-:"~'~~i:~::.: The Trustee shall maintain accurate records and accounts, and shall render statements to the beneficiaries hereunder, showing receipts and disbursements of principal and income, no less fre- quently than annually. ELEVEN: QUALIFIED EMPLO~1ENT BENEFIT PLAN PROCEEDS. Notwithstanding anything in this Trust to the contrary, in the event that any proceeds from a qualified emploYment benefit plan are received by the Trustee, said proceeds shall be held separately to implement the distributive provisions of Trust B, and the Trustee shall in no event use any of said proceeds to pay any debts or claims against Settlor or Settlor's estate, nor any taxes or similar charges against Settlor's estate. IN WITNESS ~mEREOF, the Settlor has hereunto set his hand and seal, and the Trustee has caused these presents to be executed by its duly authorized officers and its corporate seal to be hereunto affixed this C; day of (!f)~ ' 1975. ATTEST: THE CO~~ONl~ALTH NATIONAL BANK By " \ . I I l.~.:"'.~ ",..~~'.~ :....'~.-;~ \,:';,/ -14- .:... '" .. . ,.-t,., . .' ~ - '." '. . -.:' "; . ": .~' .:.- ';':".: CO~~~ONWEALTH OF PENNSYLVANIA SS. COUNTY OF On this, the rrl day of O~TC)3e If , 1975, before me, the undersigned officer, personally appeared 'Plt-! I, P 6. S Pi LL n-1/1-"t/ who acknowledged himself to be Vice Pi8SidrJiri <IDa TrIJ,t Oi;;:~: of THE CO~~ONWEALTH NATIONAL BANK, a national banking association organized and existing under the laws of the United States of America, and that he, as such Vi~c Prosidoi1t and T,.u~r Orii,::.:t , being authorized so to do, executed the foregoing instrument for the purpose therein contained by signing the name of the corporation by himself 'J t...... or.r;"'').r as Vice Prcslsnr ana HilS, ...~~ IN WITNESS \~EREOF, I hereunto set my hand and official seal. E<4;~ -;L :"Zr- Notary Publi~c /i-,,-,,~J IJ My Commission Expires: ~.,..,.,.tPV pU:JUC 6 ,.J. -" 'x,",:res A:J~iI 19. 197 "~~-I comm;Sslon E. t- Dauj)hin County Harnsburg, Pa. . ~ CO~~ONWEALTH OF PENNSYLVANIA COUNTY OF f) a. u ph:" SS. .J~ On this, the q -- day of oc..f() h c..'- , 1975, before me, the undersigned officer, personally appeared LESTER G. BIXLER, JR., known to me (or satisfactorily proven) to be the person whose name is sub- scribed to the within instrument, and acknowledged that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. "l, .~ tl. n,~ Notary Public \ \ My Commission Expires: t'ni~RY PUBLIC I 1''; ,,. 1977 .' Ex~;"O; It:n~ 5. My Co;nmI3sl:n . r"" o.....\n Co~nty HJrr\s'JU~rr, PJ. ""c' ',~,.: :.;h ....:.,...!. ~ ,'."~.,<~,.,;~:.;;";.;.;":;:.,~;, ;.;~,>>;~).: ~:. ..;,;..':<:~ ;:,,,.;,;~;';;.~ "", .;. :~:;.::..:.",: ~:;;.; ~,""~~h";'~;":;';' :;::':>:":"'-;;;<~;"'" ~ 2~":,:::;, ,>i;.: ':i.),,,.;( ",:';':;':.f.: .:;;;-;'~t:<,~ ". t. ~.,:.;, ':,'. .~,.' ,:~:. :".-2,. ;:~:. ,: ".: . SCHEDULE A \ Company Policy No. Amount ] $10,000 10,000 50,000 15,625 . 5,000 25,000 5,000 New England Mutual Life Insurance Company 2874177 New England Mutual Life Insurance Company 2874176 -+ Northwestern Mutual Life Insurance Company of Milwaukee 5878114 ~ Northwestern Mutual Life Insurance Company of Milwaukee 6081449 Northwestern Mutual Life Insurance Company of Milwaukee 6126'424 ~New York Life Insurance Company 30393473 ~ Mutual Benefit Life Insurance Company 3195000 7. ^ / i~ '--,//v r ~,.~ # .j.- .1--<'... .t..rU-f.....(_[-o ; 0,./ J - f-J))l I . .- .:--':'" ,....'.'~. ._.'~ . . ("', ~ ::.~<~.:~.~.7...-o.:~ - . . 0':- ,1_ _:. ',;"". ~"....' '_'. '.-"ro"_ ":"' .. -..,.-. '.~, '.': , , ; -~.. '~."O -: "";':~'!::.~ .~. ~:'-.:"":' :~:~~:- '.... __ ' ~ ',. . .->:':..;" ,'1,.,,''''.-':' ':\"..'>~':.I RECEIPT Received from the Commonwealth National Bank the following insurance policies: Northwestern Mutual Life Insurance Company Northwestern Mutual Life Insurance Company Northwestern Mutual Life Insurance Company New York Life Insurance Company Mutual Benefit Life Insurance Company #5878114 #6081449 #6126424 #30393473 #3195000 From the account of Dr. Lester G. Bixler, Jr. #34-12797-7 RECEIVED BY: DATE: ~~b/7 ~ ( DE514 , . . . .' RCC-3'7 '(12-63) l'll~t!\\ONWEALTH OF PENNSYYLANIA TRANSFER INHERiTANCE TAX RESIDENT DECEDENT SCHEDULE "D" BEI\'EFICIARIES BENEFICIARIES AND ADDRESSES \State full names and addresses of all who have an interest, vested, contingent or other- wise, in estate) RELATIONSHIP (If step-children or illegitimate children are involved, set forth this fact.) SURVIVED DECEDENT STATE YES OR NO DATE OF HI RTH INTEREST OF BENEFICIARY IN ESTATE ersona1 Schedule B~ Items 1-5~ $8~850.00; U.S. Treasury E Bonds~ Schedule B~ Item 14~ $70.26: and partnership intprp~t~ which the wif became sUCcessor in 5021 Woodbox Lane Mechanicsbur Pa.~17055 Trustee under an Intervivos Trust A reement of Lester G. Bix1er~ Jr dated October 9, 1975: Sue llyn Bix1 er wife yes 1/6/44 Net income at least uarter-annua11 for life; principal at hter Wood box Lane Mech(ln;c~t-lllrg, Ptl 170!1!1 proportions as it may determine to the wife~ after Trust A is Deponent further says that all the above-named beneficiaries are living at this time except below: NAME DATE OF DEATH RESIDENCE .... o . ...."'.... ~<'lt t):: c:: .2 Q.) E .s Qj .: _0.0 ~ E CJ ~ 0: ....CJ"O o Q.) ............ ;:j '" .... CJ ;:j 0 ~ E ~ ~ p:: SUMMARY ............. (Sch. "A") .......... ...(Sch. "B") .......(SCh. "C") Real Property...................... Personal Property............. Transfers Gross Taxable Estate . f- "0 Z Q.) .... til .'" <d '" ..:l Q) ...... Q.) >< ..... u ~ til Q.) ~ CJ) Q - .... ~ < :1:l ClI: ~ ~ '2 ~ ~ 0 :1:l ~ ~ ~ iii -< iii ~ :I: :I: til ~. E-< E-< [-< Vl Q til c 2:: ::r: ~ < ~ Z ci 0 [-< Qj Z [-< CJ) ~ < ~ til ..... ~ .-....- 0 0 ClI: ..c c ~ .... 0 0 "= ~ :c til Q) ~ <d [-< ..... ::: ClI: .b [-< 0 c Vl -< ..... 0 '2 - 0 .c' E 0::::..5 "'" Q) :: E .... 0 ~~ "= 0 ....l U U ( 1 ) (As Reported) $.. $ $. ......... $ ................. $ $ - . " (2 ) (As Determined) $. $ $ $ $ $ . . Rbc-37 ,'(12~63) l'lHt!\to1';\\'EALTH OF l'ENNSYYLANIA TRANSFER INHERITANCE TAX RESIDENT DECEDENT SCHEDULE "on BENEFICIARIES \ h BENEFICIARIES AND ADDRESSES RELATIONSHIP SURVIVED (If step-children or DATE INTEREST OF State full names and addresses of all who illegitimate children DECEDENT OF BENEFICIARY aye an interest, vested, contingent or other are involved, set STATE YES IN ESTATE in estate) forth this fact.) OR NO BIRTH WIse exhausted. at Trustee's aosolut.e dierV'oHnn for proper and adequate support. Principal at anytime for proper and adequate support and education of settlor's issue. Trust terminates I ~t rI,:.~th nf wifp tlnd whp I all of settlor's living children have reached thp tlOP of 3~ tn thp settlor's issue in such . ::Inn I ,- tie:: th,:. Trlle::t,:.,:. in ite:: absolute discretion, may determine. Residue - Deponent further says that all the above-named beneficiaries are living at this time except below: NAME DATE OF DEATH RESIDENCE \ "', ... o . ~V)~ ...< ~: c: '2 Q) E .- ....... =' E Q)- _0.0 ~ E u ~ 0: "'U'O o Q) ............... ::I CIl ... u ::I 0 ~ E 2- ~ c:t: Real Property.... ..................... Personal Property ............ Transfers .. '" .......... ............. .... ............. SUMMARY .. .................... ..... (Sch. "A") ...(Sch. "B") ...(Sch. "C") ( 1) (As Reported) (2) (As Determined) Gross Taxable Estate . $ $. $. $. $. $. $. $ $ $ $. $ t- '0 Z <l.l ... til .Ul C1l " ~ Q) .... <l.l >< ~ U < til <l.l CIJ (J) t:l - - < -< .~ c:.= a:; ~ c A. ~ 0 ~ A. ~ ~ w -< w < :I: :I: til :... .... .... f-< Vl Q til c ~ ::r: t... < ... ;Z 0 0 f-< Qj Z f-< (J) ~ ~ ~ til ...... !- ----- 0 0 c:.= ...c ... a:; .... 0 .~ -- A. ... til Q) w.I ~ I::: ...... ;, c:.= .b 0 ... c .~ -< ...... ~. 0 ::: - 0 E 7:::] ~ Q) :: E .... 0 ~ 0 :::~ .....:J U U litC-38 .. RESIDENT DECEDENT SCHEDULE" E" JOINTL Y OWNED PROPERTY COMMONWEALTH OF PENNSYLVANIA TRANSFER INHERITANCE TAX INSTRUCTIONS: This schedule must disclose all property, real and personal, owned by the rlecedent jointly wi th another or others, including intangibles, standing in the name of' the decedent and others. List real estate f'irst, as entireties, or joint tenants, giving brief description, as indicated lUlcier Schedule "A", plus the date and place of' record of instrument ef'fecting vestiture, but do not include entireties or out of' state real estate value in estate valuation column. Personal property should be listed as in Schedule "B", plus date of acquisition, and the name, address and relationship (if' any) of co-owners to the decerlen t. - Description of Property, Date of Acquisition, Name unit percentage Estate Address and Relationship of Co-Owners, and Place Value Share Valuation of Record of Instrument, where Real Estate. DEPARTtffiNT VALUATION CAUTION-Do not Write In This Space. v Value of En ti re Property Value of Decedent's Interest 1. Real Estate situate and known as 5021 Woodbox Lane, Mechanicsburg, Pa., being a lot 125' X 160- having errected there n a colonial style 4 bedroom aluminum covered dwelling with two car garage. Recorded in Cumberland County Deed Book ~G, volume 24, page 129; appraisal at $90,000.00 2. Real estate situate and known as Townsh p Road T-356 (old railroad trail), Cooke Township, Cumberland County, Pennsy1van a, being a lot 200' X 200. having errected thereon a frame cottage. Recorded under Commonwealth of Pennsylvania, Departmen of Environment Resources state lease no 1C466; sold for $29,000.00 3. Household goods and furnishings; appraised at $2,676.00 4. Personal property at cottage; appraised at $650.00 5. 1974 Ford LTD 2 door City Squire Wagon; appraised at $4,800.00 6. Checking account no. 112-162359-7 with The Commonwealth National Bank; balance $874.58 7. Checking account no. 112-162356-3 with The Commonwealth National Bank; balance $19,839.55 8. Statement savi ngs account no. 11-002188~-1 with The Commonwealth National Bank, balance $36,778.57 9. Interest accrued on Item 8 to date of death $65.50 -0- v -O-v -0- -0- -0- -0- -0- -0- -0- -0- -0- -0- -0- -0- -0- -0- -0- -0- The above items were jointly owned between the decedent and his wife, Sue11yn Bixler Insert this total opposite "Jointly Owned Property", Schedule "E" in the" As Reported" colurrm on the last page of this return. None IV.~ 'C'- :, ,Jill' -7' . File Number INHERITANCE TAX SUMMARY SHEET (BUREAU USE ONLY) 21-78-0668 .,. RE'/-484.EX+ (3-86) Estate Name BIXLER, Jr., Lester G. Date of Death 11/13/78 Social Security Number REPORT OF INHERITANCE TAX APPRAISER I, the undersigned duly appointed Inheritance Tax Appraiser in and for the County of Cumberland Pennsylvania, do respectfully report that I have appraised the real and personal property as reported in the foregoing return at the values set forth opposite each item in the last column to the right in Schedules "A", "B", "C", and "E" Dated: July 16, 1980 ~tA/1J'O J Ah.J..t1.Jttl ) INHERITANCE TAX APPRAISER ADJUSTMENTS REMAINDER APPRAISEMENT I CODE INVENTORY VALUE AS APPRAISED CODE (HARRISBURG USE ONLY) Real Praperty (Schedule A) $ None 00+ 92+ Personal Property (Schedule B) 200,464 24 10+ Joint.Held Property (Schedule E) None' 20+ - Transfers (Schedule C) 300 00 30+ TOTAL GROSS ASSETS 200,764 24 Less D.bts and Deductions 40- 93- (SCHEDULE F) CLEAR VALUE OF ESTATE Valuation of life estates or annu Hies. . . . . . . . . . . . . . RATE FACTOR PRINCIPLE VALUE CODE FOR USE OF REGISTER ONLY CODE COMPUTATION OF TAX $ $ $ $ $ E T ax on $ 6% T ax on $ 15% Tax on $ Tax on $ Tax on $ Exemptions Total Estate TOTAL TAX INTEREST FROM BALANCE TO $ $ $ Less Credits DATE OF PAYMENT AMOUNT PAID DISCOUNT INTEREST + $ $ = + :;: BALANCE $ TO $ $ TAX CREDIT $ $ INTEREST FROM BALANCE DUE "1" REV-SIB (3-79) COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF REVENUE BUREAU OF FIELD OPERATIONS P. o. BOX 2970 HARRISBURG 17105 IN YOUR REPLY PLEASE REFER TO Investigation Division NOTICE OF FILING OF APPRAISEMENT Sue llyn Bixler 5021 Woodbox Lane Mechanicsburg, PA 17055 Commonwealth National Bank 10 South Market Square Harrisburg, PA 17108 (Executor or Administrator) In Re: Estate of Lester G. Bixler, Jr. Cmnberland County - File No. 21,..780668 Dear Mrs. Bixler and Mr. Conway: You are hereby notified that the original appraisement in the estate of Lester G. Bixler, Jr. has been filed in the office of the Register of Wills of Cmnberland County on July 16 . 19 80. Said appraisement reflects the fol/owing valuations: Real Estate Personal Property Transfers Jointly Owned Total None 200,464.24 300.00 None $200,764.24 As to such tax that is paid within three months from date of death, a five (5%) percent discount is allowable. As to any tax that remains unpaid after nine (9) months (fifteen months when death occurred from December 22, 1965 to June 16, 1971, inclusive; and twelve months when death occurred prior to December 22, 1965) from date of death, interest at the rate of six (6%) percent per annum is charged. Any party in interest who is aggrieved by th is notice may object thereto with in sixty days after receipt of said notice as provided by Section 1001 of the Inheritance and Estate Tax Act of 1961, 72 P. S. 2485-1001, P. L. 373. Date July 16, 1980 Signed ~vrla) ,Jjf/"J!IHtI/ Title Chief Ap{>raiser NOTE: This is not a bill. REV-457 (I-Bot . COMII7IONW'EAL TH OF PENNSYLVANIA DEPARTMENT OF REVENUE TRANSFER INHERITANCE TAX RESIDENT DECEDENT INHERITANCE TAX APPRAISEMENT Estate of BIXLER, Jr., Lester G. File No. 21-78-0668 County Cumberland Date of Death 11/13/78 In the event thet any future interest in this estate is transferred in possession or enjoyment to collateral heirs of the decedent after the expiration of any estate for life or for years, the Commonwealth hereby expressly reserves the right to appraise and assess transfer inheritance taxes at the lawful collateral rate on any such future interest. PROPERTY REPORTED BY THE ESTATE DEPARTM ENT'S APPRAISED VALUE 1. TOTAL REAL PROPERTY - SCHEDULE "A" . . 2. TOTAL PERSONAL PROPERTY - SCHEDULE "B" 3. TOTAL TRANSFERS - SCHEDULE "C" . . . . 4. TOTAL JOINTLY OWNED PROPERTY - SCHEDULE "E" None 200 464.24 300.00 None TOTAL REPORTED PROPERTY 200,764.24 PROPERTY NOT INCLUDED IN RETURN BUT APPRAISED BY THE COMMONWEALTH TOTAL UNREPORTED PROPERTY None TOTAL GROSS ASSETS 200,764.24 LIFE ESTATE OR ANNUITY CALCULATION I do hereby certify that the above appraisement is made in conformity with Pennsylvania law and has been filed this day with the Register of Wills. J/~tyt f tt J:1'f ~ A.rt)( d ./ APPRAISER 07/16/80 DATE ~ t"" "'d t:l 8 ~ ~ ~ ~ - :> 0 CZl - Z C') ~ c:: t:l ~ Z :: z t"" t'%:l ~ ~ ~ :xl 0 - 0 t"" Z Z ~ ~ ..., z 9 ..., ><: CZl ~ - 9 CZl z 0 CZl 0 ..., "Ij ~ 0 "Ij ....... 0 "Ij W N I-' (") t'"' t'"' - "Ij 0 0 c ~ CD 0 - w g. (f.l z ~ CD rt - CD Ii CD :> Ii Ii t"" I-' ~ 0'\ ~ G') c:: ;N! I-' . CZl p.. CD t'%:l ::s O:l t-'- ~ ><: 0 1-'3 >: ~ Z ~ I-' :> :> t"" CD Ii :xl :xl ><: (f.l .. - ::T t-'- c...., "0 Ii .