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HomeMy WebLinkAbout01-26-06 ~ REV.1500 EX ~ (6-00) '* REV-1500 INHERITANCE TAX RETURN RESIDENT DECEDENT FILE NUMBER 2 1 -0 5 0 4 3 2 COUNTYCOOE --vEA~ - - NUMBER- - COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF REVENUE DEPT. 280601 HARRISBURG, PA 17128-0601 OFFICIAL USE ONLY w .... lI:: :$U) uO::lI:: w 15u :r o::g u a.m a. <( t- Z W C W (J W C DECEDENT'S NAME (LAST, FIRST, AND MIDDLE INITIAL) SOCIAL SECURITY NUMBER GOHO EDGAR L. DATE OF DEATH (MM-DD-Year) DATE OF BIRTH (MM-DD-Year) 7 1 - 0 7 - 5 090 THIS RETURN MUST BE FILED IN DUPLICATE WITH THE REGISTER OF WILLS 05/04/2005 09/14/1919 (IF APPLICABLE) SURVIVING SPOUSE'S NAME (LAST, FIRST, AND MIDDLE INITIAL) SOCIAL SECURITY NUMBER [Xl 1. Original Return o 4. Limited Estate [Xl 6. Decedent Died Testate (Attach copy of Will) o 9. Litigation Proceeds Received o 2. Supplemental Return o 4a. Future Interest Compromise (date of death after 12-12.82) [Xl 7. Decedent Maintained a Living Trust (Attach copy ofTrust) o 10. Spousal Poverty Credit (date of death between 12-31-91 and 1.1.95) o 3. Remainder Return (date "fdeath prior to 12-13-82) o 5. Federal Estate Tax Return Required Q.. 8. Total Number of Safe Deposit Boxes o 11. Election to tax under Sec. 9113(A) (Attach Sch 0) .... Z W C Z o a. U) w 0:: 0:: o U THIS SECTION MUST BE COMPLETED. ALL CORRESPONDENCE AND CONFIDENTIAL TAX INFORMATION SHOULD BE DIRECTED TO: NAME COMPLETE MAILING ADDRESS Gre 0 S. Chela 17 South Second Street FIRM NAME (If Applicable) SKARLA TOS & ZONARICH LLP Sixth Floor TELEPHONE NUMBER 717-233-1000 Harrisbur PA 17101 z o i= <t ...J ::J t- o: <t (J w c::: z o i= <t t- ::J a.. :E o (J >< <t t- 1. Real Estate (Schedule A) (1) 2. Stocks and Bonds (Schedule B) (2) 3. Closely Held Corporation, Partnership or Sole-Proprietorship (3) 4. Mortgages & Notes Receivable (Schedule D) (4) 5. Cash, Bank Deposits & Miscellaneous Personal Property (5) (Schedule E) 6. Jointly Owned Property (Schedule F) (6) o Separate Billing Requested 7. Inter-Vivos Transfers & Miscellaneous Non.Probate Property (7) (Schedule G or L) 8. Total Gross Assets (total Lines 1-7) 9. Funeral Expenses & Administrative Costs (Schedule H) (9) 10. Debts of Decedent, Mortgage Liabilities, & Liens (Schedule I) (10) 11. Total Deductions (total Lines 9 & 10) 12. Net Value of Estate (Line 8 minus Line 11) OFFlCJAL USE ONLY .....' , 8,691.17 c c', 64,222.63 (8) 72,913.80 8,484.15 33.01 8,517.16 64,396.64 (11) (12) (13) 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) SEE INSTRUCTIONS ON REVERSE SIDE FOR APPLICABLE RATES (14) 64,396.64 15. Amount of Line 14 taxable at the spousal tax rate, or transfers under Sec. 9116 (a)(1.2) 0.00 X _(15) 64,396.64 X .045 (16) $0.00 X .12 (17) 0.00 X .15 (18) (19) 0.00 2,897.85 0.00 $0.00 2,897.85 RK. 16. Amount of Line 14 taxable at lineal rate 17. Amount of Line 14 taxable at sibling rate 18. Amount of Line 14 taxable at collateral rate 19. Tax Due 20. [8] CHECK HERE IF YOU ARE REQUESTING A REFUND OF AN OVERPAYMENT > > BE SURE TO ANSWER ALL QUESTIONS ON REVERSE SIDE AND RECHECK MATH < < . Decedent's Complete Address: S'fREET ADDRESS 419 North Second Street CITY I STATE I ZIP Wormleysburg PA 17043 Tax Payments and Credits: 1. Tax Due (Page 1 Line 19) 2. Credits/Payments A. Spousal Poverty Credit B. Prior Payments C. Discount (1) $2,897.85 $2.800.00 $144.89 3. Interest/Penalty if applicable D. Interest E. Penalty Total Credits (A + B + C) (2) $2,944.89 Total Interest/Penalty ( 0 + E) (3) 4. If Line 2 is greater than Line 1 + Line 3, enter the difference. This is the OVERPAYMENT. Check box on Page 1 Line 20 to request a refund (4) 5. If Line 1 + Line 3 is greater than Line 2, enter the difference. This is the TAX DUE. (5) A. Enter the interest on the tax due. (5A) B. Enter the total of Line 5 + 5A. This is the BALANCE DUE. (5B) Make Check Payable to: REGISTER OF WILLS, AGENT $0.00 $47.04 $0.00 $0.00 PLEASE ANSWER THE FOLLOWING QUESTIONS BY PLACING AN "X" IN THE APPROPRIATE BLOCKS 1. Did decedent make a transfer and: Yes No a. retain the use or income of the property transferred; ........................................................................... 0 [Z] b. retain the right to designate who shall use the property transferred or its income; ........................................ 0 [Z] c. retain a reversionary interest; or ...................................................................................................... 0 [Z] d. receive the promise for life of either payments, benefits or care? ............................................................. 0 [Z] 2. If death occurred after December 12, 1982, did decedent transfer property within one year of death without receiving adequate consideration?............... ............... ........ .................... .................................... 0 [Z] 3. Did decedent own an "in trust for" or payable upon death bank account or security at his or her death? ................. 0 [Z] 4. Did decedent own an Individual Retirement Account, annuity, or other non-probate property which contains a beneficiary designation? ....................................................................................................... [Z] 0 IF THE ANSWER TO ANY OF THE ABOVE QUESTIONS IS YES, YOU MUST COMPLETE SCHEDULE G AND FILE IT AS PART OF THE RETURN. Under penalties of perjury, I declare that I have examined this return, including accompanying schedules and statements, and to !he best of my knowledge and belief, it is true, correct and complete. Declaration of preparer other than the personal representative is based on all information of which preparer has any knowledge. SIGNATURE PERSON RESPONSIBLE FOR FILjNG RET)JRN -[;'~ rystal L. Schade P. O. Box 1 Elizabethville SIGNATURE OF PREPARE HER THAN REPRES ADDRESS DATE I -O?tj-O G? ADDRESS PA 17023 DATE, / I d If - O(p PA 17101 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 spoLlse is 3% [72 P.S. 39116 (a) (1.1) (i)]. For dates of death on or after January 1, 1995, the tax rate imposed on the net value of transfers to or for the use of the surviving spouse is 0% [72 P.S. 99116 (a) (1.1) (ii)]. The statute does not 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. 39116(1.2) [72 P.S. 39116(a)(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. REV-150B EX + (6-98) '* COMMONWEALTH OF PENNSYLVANIA INHERITANCE TAX RETURN RESIDENT DECEDENT SCHEDULE E CASH, BANK DEPOSITS, & MISC. PERSONAL PROPERTY ESTATE OF GOHO. EDGAR L. FILE NUMBER 21 05 Include the proceeds of litigation and the date the proceeds were received by the estate. All property jointly-owned with right of survivorship must be disclosed on Schedule F. 0432 VALUE AT DATE OF DEATH $2,063.32 $90.00 $1,830.00 $45.93 $10.27 $15.06 $93.00 $241.00 $63.90 $254.83 $197.19 $9.75 $1,128.80 $311.16 $397.00 $500.00 ITEM NUMBER 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. DESCRIPTION Sovereign Bank Checking Account NO.1 051137446 (per verification attached hereto as Schedule E) PNC Bank Checking Account No. 5004618679 (per verification attached hereto as Schedule E) 1996 Chevrolet Corsica Haband - refund from returned merchandise Com cast Cable - refund PPL - refund Penn National Insurance - Refund for unused premium for renter's insurance Penn National Insurance - Refund for unused premium for car insurance The Patriot News - Subscription refund Torchmark Corporation - Refund of unused premium for healthcare supplement IPaychex - Refund from lottery company from whom decedent bought tickets Soundview Communications, Inc. - magazine subscription refund United States Treasury (Railroad Retirement Final Annuity Payment) Banker's Life and Casualty Co. - Refund of long term care insurance Proceeds from yard sale Personal property and household goods TOTAL (Also enter on line 5, Recapitulation) $ (If more space is needed, insert additional sheets of the same size) 8691.17 ~ REV-1510 EX + (6-98) . COMMONWEAL TH OF PENNSYLVANIA INHERITANCE TAX RETURN RESIDENT DECEDENT SCHEDULE G INTER.VIVOS TRANSFERS & MISC. NON.PROBA TE PROPERTY ESTATE OF GOHO. EDGAR L. FILE NUMBER 21 05 0432 DESCRIPTION OF PROPERTY ITEM INCLUDE THE NAME OF THE TRANSFEREE. THEIR RELATIONSHIP TO DECEDENT AND DATE OF DEATH % OF DECD'S EXCLUSION TAXABLE NUMBER THE DATE OF TRANSFER ATTACH A COPY OF THE DEED FOR REAl ESTATE. VALUE OF ASSET INTEREST VALUE (IF APPLICABLE) 1. North American Company Annuity No. 8000010725 (trans- $55,265.86 100. $55,265.86 ferred at death to decedent's three children in equal shares, per verification attached hereto as Schedule G) The following bank accounts were held in Decedent's Living Trust dated January 19, 1999: 2. M& T Bank Checking Account No. 37645560 (per $7,245.24 100. $7,245.24 verification attached hereto as Schedule G) 3. M& T Bank Checking Account No. 37645560 (accrued $0.27 100. $0.27 interest to DOD per verification attached hereto as Schedule G) 4. M&T Savings Account No. 015004208556744 (per $1,711.09 100. $1,711.09 verification attached hereto as Schedule G) 5, M&T Savings Account No. 015004208556744 (accrued $0.17 100. $0.17 interest to DOD per verification attached hereto as Schedule G) TOTAL (Also enter on line 7 Recapitulation) $ 64,222.63 This schedule must be completed and filed if the answer to any of questions 1 through 4 on the reverse side of the REV-1500 COVER SHEET is yes. (If more space is needed, insert additional sheets of the same size) . REV-1511 EX+(12-99) . COMMONWEAL TH OF PENNSYLVANIA INHERITANCE TAX RETURN RESIDENT DECEDENT SCHEDULE H FUNERAL EXPENSES & ADMINISTRATIVE COSTS ESTATE OF GOHO EDGAR L. ITEM NUMBER A. 1. 2. B. 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. FILE NUMBER 21 05 0432 Debts of decedent must be reported on Schedule I. DESCRIPTION AMOUNT FUNERAL EXPENSES: PREPAID FUNERAL Coakley's Restaurant - Funeral luncheon $354.85 ADMINISTRA TIVE COSTS: Personal Representative's Commissions Name of Personal Representative (s) Crystal L. Schade Social Security Number(s)/EIN Number of Personal Representative(s) Street Address P. O. Box 127 City Elizabethville State PA Zip 7023 $2,175.00 Year(s) Commission Paid: Attorney Fees Skarlatos & Zonarich LLP $4,500.00 Family Exemption: (If decedent's address is not the same as claimant's, attach explanation) Claimant Street Address City State Zip Relationship of Claimant to Decedent Probate Fees Register of Wills $185.00 Accountant's Fees Tax Return Preparer's Fees Preparation of Final and Fiduciary Income Tax Returns $900.00 Cumberland Law Journal- Advertise Letters Testamentary The Sentinel - Advertise Letters Testamentary Register of Wills - Two additional Short Certificates Vital Records - Two Death Certificates for decedent's spouse, Janice Goho Crystal L. Schade - Reimburse for long distance charges to out of country lottery coso Postage to send personal items to decedent's daughter, Donna Goudy Patriot News - advertise household items for sale $75.00 $118.88 $8.00 $18.00 $104.90 $17.02 $27.50 TOTAL (Also enter on line 9, Recapitulation) $ 8,484.15 (If more space is needed, insert additional sheets of the same size) . R~V-1512 EX + (6-98) . SCHEDULE. DEBTS OF DECEDENT, MORTGAGE LIABILITIES, & LIENS COMMONWEALTH OF PENNSYlVANIA INHERITANCE TAX RETURN RESIDENT DECEDENT ESTATE OF GOHO. EDGAR L. FILE NUMBER 21 05 0432 Include unreimbursed medical expenses. ITEM NUMBER DESCRIPTION 1. PPL - 419 N. Second Street VALUE AT DATE OF DEATH $33.01 TOTAL (Also enter on line 10, Recapitulation) $ (If more space is needed, insert additional sheets of the same size) 33.01 ~ ":~"n". '"*-' COMMONWEALTH OF PENNSYLVANIA INHERITANCE TAX RETURN RESIDENT DECEDENT ESTATE OF SCHEDULE J BENEFICIARIES FILE NUMBER GOHO EDGAR L. ?1 nfi 0432 RELATIONSHIP TO DECEDENT AMOUNT OR SHARE NUMBER NAME AND ADDRESS OF PERSON(S) RECEIVING PROPERTY Do Not List Trustee(s) OF ESTATE I. TAXABLE DISTRIBUTIONS [include outright spousal distributions, and transfers under Sec. 9116 (a) (1.2)] 1. Crystal L. Schade Lineal P. O. Box 127 1/3 Estate Residue Elizabethville, PA 17023 2. Desiree A. Boykin Lineal 32 Pine Ridge Circle 1/3 Estate Residue Enola, PA 27025 3. Donna L. Goudy Lineal P. O. Box 333 1/3 Estate Residue Broaddus, TX 75929 ENTER DOLLAR AMOUNTS FOR DISTRIBUTIONS SHOWN ABOVE ON LINES 15 THROUGH 18, AS APPROPRIATE, ON REV-1500 COVER SHEET II. NON-TAXABLE DISTRIBUTIONS: A. SPOUSAL DISTRIBUTIONS UNDER SECTION 9113 FOR WHICH AN ELECTION TO TAX IS NOT BEING MADE 1. B. CHARITABLE AND GOVERNMENTAL DISTRIBUTIONS 1. TOTAL OF PART II - ENTER TOTAL NON-TAXABLE DISTRIBUTIONS ON LINE 13 OF REV-1500 COVER SHEET $ (If more space is needed, insert additional sheets of the same size) ... EST A TE OF EDGAR L. GOHO FILE NO. 21- 05- 0432 INHERITANCE TAX RETURN - SCHEDULE E . JUN-15-2005 18:44 PNCBANK 412 768 3458 P.01/01 o PNCBAN< June 16, 2005 Gregory S. Chelap Skarlatos & Zonarich Building 17 South Second Street, 6th floor Harrisburg, P A 17101-2039 RE: Estate of Edgar L. Goho, deceased SSN: 711-07-5090 DOD: 5/4/2005 Dear Mr. Chelap: In response to your request for Date of Death balances for the customer noted above) our records show the following: Checking Account Account #5004618679 Established 03/07/2005 EDGAR LGOHO DOD balance: $90.00 (non-interest bearing) Please note that this office only provides date of death balances for deposit accounts (IRAs, CDs, Checking and Savings accounts). We do not process any financial transactions or provide statements. If you need assistance with any of these items, please call 1-888-PNC-BANK (1-888-762-2265) or stop by your local PNC Bank branch office. ~WVh- Rachelle Wells 1-800-762-1775 P7-PFSC-04-F 500 first Ave. Pittsburgh PA U219 Member FDIC TOTAL P.01 Sovereign Bank ESTATE OF SOCIAL SECURITY #: DATE OF DEATH: Edgar L Goho 711-07-5090 May 4, 2005 Account #: 1051137446 Type: In the name of: Edgar L Goho Date of Death Balance: Int.(YTD) from 3/9/2005 to Accrued interest to date of death: Other Info: Checking Open date: 3/9/2005 $2,063.32 4/21/2005 $0.00 $0.17 Page 1 of 1 EST ATE OF EDGAR L. GOHO FILE NO. 21- 05- 0432 INHERITANCE TAX RETURN - SCHEDULE G JAN 06,2006 16:32 7173627079 Page.1 i,.r"" (:- .' I .,\ r, :::)(1 .../ I Insurance Sarvic~s #933 P.O. Box 570 Rockland, Ma. 02370.0570 ) :. ,I. ','1.. 4338 Mialll North American Company for Life and Health Insurance Since l88G CDGAR GOHO TRUSl 478 HOGFSTOWN RD MECHANICSBURG PA 17050-316-1 FAg- 1 620006821 PRIMARY ACCOUNT NUMBER 1-__..8/10/2005 STATEMENT CLOSING DATE 1111111111111 II 111,1. IIl11l1l1l1l.II.II",'" 1..'.11" 1...11.1 TAX ID NO: ACCESS ACCOUNT BALANCE LAST ST^T~NT 0.00 NO. I 2 T CREDITS TOTAL AMOUNT 55,265.IUi NO. CHECKS AlID CE81'l'S NO. I TOTAL AMOUNT o I 0.00 620006821 :BALANCE THIS STATEMENT 55,265.96 ACCOUNT TRANSACTIONS DATE.....,'.... AMOUNT.. ..... ..... .BALANCE... DESCRIPTION 07/28 55,228.78 55,228.78 DEPOS1T-CASH 08/10 37.09 55,265.96 CREDIT-INTEREST RATE HISTORY DATE. . . . . . . . . . . . RATE 07/2B 1.750% DATE . . . . . . . . . . . . RATE eATE. . . . . . . . . . . . RATE .~.*** CURRENT INTEP~ST RATE ****** INTEREST CREOITED YEAR-TO-nATE 1.750' "''''.....* 37.09 .......* ACCESS TO YOUR ACCOUNT INFORMATION IS NOW AVAILABLE 24 HRS A DAY 7 DAYS A WEEK. PLEASE HAVE YOUR ACCOUNT # AND CUSTOMER SERVICE CODE (~OCAT!D ON THE REVERSX SInE OF THIS STATEMENT) AVAILAaLE WHEN CALLING TOLL-FREE 1-800-331-4631. .......~*. END OF STATEMENT ********** S'~311 er.S" NOTICE: Soc ro~rsc G~dC %or rcconc~liAtion of th~s st~~~nL ~n~ 1mport~nt lnrorrn&tion. 933..&2 JAN 06,2006 16:05 7173627079 Page 1 ,~~ {~.-:. ..-" , ~.. t ~ a,,_ . l' .,' \ '...'r : -1338 ,J (.:' .~ ~.L) Insurance Services #933 P.O. Box 570 Rockland, Ma 02370-0570 K!Jl North American Company for Life and Health Insurance Since 1886 E[)GN~ GOHO TRUST 428 HOGESTOWN RD MFCHANICSBURG PA 17050-3164 Page 1 I.. ,11111111111111.1.1111I111111I.11.1111,1111111.11..1" I 11.1 620006821 PRIMARY ACCOUNT NUMBER 8/10/2005 STATEMENT CLOS tNG DATE TAX In NO: ACCESS ACCOUNT BALANCE LAST STATEMENT 0.00 NO. 620006821 NO. 2 CFEDITS TOTAL AMOUNT 55,265.86 CHECKS AND DE8lTS NO. TOTAL AMOUNT o 0.00 8ALANCE THIS STATEMENT 55,265.86 rlJM&fBank 499 Mitchell Road, MiIlsboro, DE 19966 Mail Code DE-MB-12 Phone (888) 502-4349 Fax (302) 934-2955 May 23, 2005 Skarlatos & Zonarich, LLP Attorneys At Law 17 South Second Street, 6th Floor Harrisburg, Pennsylvania 17101-2039 Re: Estate of Edf!ar L Goho Social Security: 711-07-5090 Date of Death: Mav 04. 2005 Dear Sir or Madam: Per your inquiry dated May 12, 2005, please be advised that at the time of death, the above-named decedent had on deposit with this bank the following: 1. Type of Account Checking Account Account Number 37645560 Ownership (Names oj) Edgar L Goho Living Trust DTD 1-19-99 * Edgar L Goho * Opening Date 5/28/74 Closed 5/17/05 Balance on Date of Death $7,245.24 $ 0.27 Accrued Interest Total $7,245.51 2. Type of Account Savings Account Account Number 015004208556744 Ownership (Names oj) Edgar L GohoLiving Trust DTD 1-19-99 * Edgar L Goho * Opening Date 11/03/87 Closed 5/17/05 Balance on Date of Death $1,711.09 $ 0.17 Accrued Interest Total $1,711.26 Please be advised, there was no safe deposit box found for the above decedent. * For further account information, regarding ownership, closures and/or reimbursement of funds, etc., please call the West Shore Plaza Office # 717- 255-2271. Sincerely, ~~?Y~ Nancy Clagett Records Management EST A TE OF EDGAR L. GOHO FILE NO. 21- 05- 0432 INHERITANCE TAX RETURN REVOCABLE LIVING TRUST AGREEMENT THE EDGAR L. GOHO REVOCABLE LIVING TRUST AGREEMENT DATED: . I, 19 , 19" BETW:EN: E GARL. GOHO, AS SETTLOR AND: EDGAR L. GOHO, AS TRUSTEE EDGAR L. GOHO, resident of the Commonwealth of Pennsylvania, County of Cumberland, does hereby establish a Trust upon the conditions and for the purposes hereafter set forth. ARTICLE ONE Section 1.01 Trust Estate Defined This Revocable Trust is formed to hold title to real and personal property for the benefit of the Settlor ofthis Trust and to provide for the orderly use and transfer of these assets upon the death of the Settlor. The "Trust Estate" is defined as all property transferred or conveyed to and received by the Trustee held pursuant to the terms ofthis instrument. The Trustee is required to hold, administer, and distribute this property as provided in this Trust Agreement. Section 1.02 Definitions As used in this Trust Agreement: 1. The term "Settlor" shall mean EDGAR L. GOHO. 2. The term "Descendant" shall mean the lawful issue of a deceased parent in the line of descent, but does not include the issue of any parent who is a descendant of the deceased person in question and who is living at the time in question. 3. The terms "Child" and "Descendant" include any issue born to decedent, a child legally adopted by the decedent, and a posthumous child of a decedent. A posthumous child is to be considered as living at the time of his or her parent's death. 4. The term "Survives" or "Surviving", unless otherwise indicated herein, shall be construed to mean surviving the decedent for at least sixty (60) days. If the person referred to dies within sixty (60) days of the death of the decedent, the reference to him or her will be construed as if he or she had failed to survive the decedent; provided, however, that any such person will have, during such period, the right to the use and enjoyment as a life tenant of all property in which his or her interest will fail by reason of death during such period. REVOCABLE LIVING TRUST AGREEMENT Page 1 5. The term "Issue" will include all natural and adopted children, if applicable, and descendants and those legally adopted into the line of descent. 6. The term "Per Stirpes" means strict per stirpes and does not mean per capita with representation. Beneficiaries entitled to take under a "per stirpes" clause will include both natural and adopted children and their descendants. 7. The terms "Trust Assets" and "Trust Estate" include all assets of any trust created hereunder and income derived from such assets and all proceeds of any description derived from the sale, exchange, or other disposition of such assets. 8. When required to give reasonable effect to the context in which used, pronouns in the masculine, feminine, or neuter gender include each other, and nouns and pronouns in the plural or singular number include each other. Section 1.03 Trustee Designation Settlor is hereby designated as Trustee. The term "Trustee" as used in this Trust Agreement shall refer to Settlor so long as he or she serves as Trustee, and/or to any successor Trustee who assumes the role of Trustee. These Trustees shall serve in the order as provided in Section 8.01 of this Trust Agreement. Section 1.04 Additions to Trust Properties 1. The Trustee, at any time during the continuance of this Trust in his or her sole discretion after consideration of the possible tax consequences to all concerned, is authorized to receive into the Trust additions of cash and other properties from any source whatsoever, whether by gift, will, or otherwise. However, the Trustee shall accept all assets which any person or persons may give, devise, or bequeath by Last Will and Testament to this Trust, and shall accept all assets transferred to this Trust pursuant to the provisions of any other Trust document or documents. 2. In addition, any person or persons may designate this Trust as the Beneficiary, Primary or Contingent, of any death benefits to include insurance benefits, pension benefits, or other benefits. Until such benefits mature, the Trustee shall have no responsibility with respect to those benefits. Section 1.05 Appointment The Trustee of the Trust is directed to apportion receipts and expenditures of the types described below between principal and income as follows: 1. Whenever the principal, or any part thereof, of the Trust property is invested in securities purchased at a premium or at a discount, any premium will be charged against principal and any discount will be credited to principal; 2. Any stock dividends and rights to purchase additional stock issued on securities held in trust will be treated as principal. All other dividends, except liquidating distributions, will be treated as income; and 3. The amount of any applicable depletion allowance for federal income tax purposes will be treated as mcome. REVOCABLE LIVING TRUST AGREEMENT Page 2 Section 1.06 Discretionary Termination The Trustee may terminate any Trust when, in the opinion of the Trustee, the principal is reduced to such an extent that it is not in the best interest of the Beneficiary or Beneficiaries to continue the Trust. The judgment of the Trustee with respect to this decision to terminate will be final and not subject to judicial review. If the Trustee terminates a Trust according to this Section, the date the Trust terminates will be deemed the date fixed for termination of the Trust, and the Trustee will distribute the assets of the terminating Trust to the Beneficiary or Beneficiaries pursuant to this Agreement. Section 1.07 Amendment and Revocation At any time during the life of the Settlor, the Settlor may, by a duly executed instrument filed with the Trustee: I. Amend this Trust Agreement in any manner; and/or 2. Revoke this Trust Agreement in part or in whole. If the Trust Agreement is revoked in whole, the Trustee shall transfer title to all Trust property of every kind and description back into the individual name of the Settlor. The instrument of amendment or revocation shall be effective immediately upon its proper execution by the Settlor, but until a copy has been received by a Trustee, that Trustee shall not incur any liability or responsibility either (i) for failing to act in accordance with such instrument or (ii) for acting in accordance with the provisions of this Trust Agreement without regard to such instrument. 3. Withdraw from the Trust Estate all or any part of the principal and accumulated income of the Trust to satisfY liabilities lawfully incurred in the administration ofthis Trust. Section 1.08 Revocation or Alteration bv Settlor Alone The rights of revocation, withdrawal, alteration, and amendment reserved in this Article may only be exercised by the Settlor and may not be exercised by any other person, including an agent, a guardian, or a conservator. Section 1.09 Irrevocability Except as otherwise provided, on the death of Settlor, the designation of Beneficiaries of specific gifts in this Trust shall become irrevocable and not subject to amendment or modification. Section 1.10 Settlor Powers The Settlor shall be the Trustee unless and until he or she resigns in writing or is determined incompetent under the terms provided herein. The Settlor shall retain all absolute rights to discharge or replace any Successor Trustee so long as the Settlor is competent. REVOCABLE LIVING TRUST AGREEMENT Page 3 ARTICLE TWO Section 2.01 Trust Income During the life of the Settlor, the Trustee shall at least annually, unless otherwise directed by Settlor in writing, pay to or apply for the benefit of Settlor, all of the net income from the Trust Estate. Section 2.02 Protection of Settlor in Event ofIncapacity During the life of the Settlor, should Settlor become incapacitated as defined in Section 2.03 below, the Trustee may, in the Trustee's absolute discretion, pay income and principal for the benefit of the incapacitated Settlor, and may pay to or apply for the benefit of that Settlor such sums from the net income and from the principal of the Estate of the Trustee, in the Trustee's absolute discretion, believes is necessary or advisable for the medical care, comfortable maintenance, and welfare of the Settlor. Section 2.03 Incapacitv In the event that any Trustee or any Beneficiary hereunder comes into possession of any of the following: 1. A jurisdictionally applicable court order holding the party to be legally incapacitated to act on his or her behalf and appointing a guardian or conservator to act for him or her; or 2. Written certificates which are duly executed, witnessed, and acknowledged of two licensed physicians, each certifYing that the physician has examined the person and has concluded that, by reason of accident, mental deterioration, or other cause, such person has become incapacitated and can no longer act rationally and prudently in his or her own financial best interest; or 3. Evidence which such Trustee or Beneficiary deems to be credible and currently applicable that a person has disappeared, is unaccountably absent, or is being detained under duress, and that he or she is unable to effectively and prudently look after his or her own best interests, then in that event and under those circumstances: a. Such person is deemed to have become incapacitated, as that term is used in this Trust agreement; and b. Such incapacity is deemed to continue until such court order, certificates, and / or circumstances are inapplicable or have been revoked. A physician's certificate to the effect that the person is no longer incapacitated shall revoke a certificate declaring the person incapacitated. The certificate which revokes the earlier certificate may be executed by either the original certifYing physician or by two other licensed, board certified physicians. No Trustee shall be under any duty to institute any inquiry into a person's possible incapacity. The reasonable expense of any such inquiry shall be paid from the Trust Assets. Section 2.04 Principal Invasion During the life of the Settlor, should the net income of assets contained in this Trust at the time of the Settlor's death be insufficient to provide for the care, maintenance, or support of the Settlor as herein defined, the Trustee may, in the Trustee's sole and absolute discretion, pay to or apply for the benefit of the Settlor REVOCABLE LIVING TRUST AGREEMENT Page 4 or any of their dependents, such amounts from the principal of the Trust Estate as the Trustee deems necessary or advisable for the care, maintenance, or support of the Settlor. Section 2.05 Residence If the Settlor's residence property is a part of the Trust, the Settlor shall have possession of and full management of the residence and shall have the right to occupy it free of rent. Any expenses arising from the maintenance of the property and from all taxes, liens, assessments, and insurance premiums, are to be paid from the Trust to the extent that assets are available for payment. It is the intent of the Grantor to retain all homestead rights available to him under the applicable state law. ARTICLE THREE Section 3.01 Death On the death of the Settlor, the Trustee shall distribute the principal of the Trust and any accrued or undistributed income from the principal of the Trust in such a manner and to such persons, including the Estate of the Creditors, as directed in this Trust Agreement. Section 3.02 Payment of Death Expenses On the death of the Settlor, the Trustee shall pay from the Trust Estate constituting the Settlor's last illness, funeral, burial and any inheritance, estate, or death taxes that may be due by reason of the Settlor's death, unless the Trustee in his or her absolute discretion determines that other adequate provisions have been made for the payment of such expenses and taxes. Section 3.03 Trust Income and Principal Distribution 1. The Trustee shall apply and distribute the net income and principal of each of the shares of the resulting Trust Estate, after giving effect to the section of this Trust Agreement entitled "Special Directives" to the following Beneficiaries in the indicated fractional shares: CRYSTAL L. SCHADE DESIREE A. BOYKIN DONNA L. GOUDY 1/3 1/3 1/3 2. If any of the above Beneficiaries, or any other Beneficiary, is under the age of 25 years when the distribution is to be made, the Trustee shall have authority to distribute the same, in whole or in part, to a custodian for the minor appointed under a Uniform Gifts or Transfers to Minors Act, or the Trustee may retain any such property and administer and distribute the same for the benefit of the minor, paying to or for the benefit of such minor so much of the income and principal of the retained property from time to time as the Trustee deems advisable for the health, education, support, and maintenance of the minor. When the person for whom the property is held attains the age of 25 years, the property shall thereupon be distributed to him or her free of trust unless otherwise stated in this Agreement. If the minor should die before attaining the age of majority, the property shall then be paid and distributed to the estate of the minor. REVOCABLE LIVING TRUST AGREEMENT Page 5 3. If all ofthe Settlor's Beneficiaries and their children should fail to survive the final distribution of the Trust Estate, all ofthe Trust Estate not disposed of as hereinabove provided shall be distributed as provided for in this Trust Agreement. Section 3.04 Principle of Representation If a Beneficiary of the Settlor should fail to survive to collect his or her share, that share shall pass to the surviving issue ofthat deceased Beneficiary per stirpes and with right of representation. ARTICLE FOUR Section 4.01 Non-Income Producing Property During the life of the Settlor, the Trustee is authorized to retain in the Trust, for so long as the Trustee may deem advisable, any property received by the Trustee from the Settlor, whether or not such property is of the character permitted by law for the investment of Trust funds. Section 4.02 Trustee Powers The Trustee shall have all powers conferred upon a Trustee by law for the orderly administration of the Trust Estate. If any property is distributed outright under the provision ofthis Trust Agreement to a person who is a minor, distribution may be made under the Pennsylvania Uniform Transfer to Minors Act ("P AUTMA"). The Trustee is further authorized to sign, deliver, and/or receive any documents necessary to carry out the powers contained within this Section. The Trustee of any trust created under this Trust Agreement (including any substitute or successor Trustee) will have and be subject to all of the powers, duties, and responsibilities granted or imposed by the Pennsylvania Consolidated Statutes (20 Pa. C.S. Section 101 et seq.) as such Statute may provide at the time of administration of the Trust, except to the extent that the same are inconsistent with the provisions of this Agreement. Section 4.03 Specific Powers of Trustee In addition, the Trustee will have the following specific powers: 1. Trust Estate: The Trustee may leave invested any property coming into its hands hereunder in any form of investment even though the investment may not be ofthe character of investments permitted by law to trustees, without liability for loss or depreciation in value. The Trustee may sell, exchange, or otherwise dispose of and reinvest property which may at any time be a part of the Trust Estate upon such terms and conditions as the Trustee may deem advisable. The Trustee may invest and reinvest the Trust Assets from time to time in any property, real, personal, or mixed, including without limitation, securities of domestic and foreign corporations and investment trusts or companies, bonds, debentures, preferred stocks, common stocks, mortgages, mortgage participation, and interests in common trust funds, all with complete discretion to convert realty into personalty or personalty into realty or otherwise change the character of the Trust Estate, even though such investment (by reason of its character, amount, proportion to the total Trust Estate, or otherwise) would not be considered appropriate for a fiduciary apart from this provision and even though such REVOCABLE LIVING TRUST AGREEMENT Page 6 investment caused part or all of the total Trust Estate to be invested in investments of one type or of one business or company. 2. Holding Property: The Trustee may hold property in the Trustee's name, as trustee, or in the name of a nominee without disclosing the Trust. 3. Release of Power: If the Trustee deems it to be in the best interest of the Trust and its Beneficiaries, the Trustee, by written instrument signed by such Trustee, will have the power and authority to release, disclaim, or restrict the scope of any power or discretion granted in this Trust Agreement or implied by law. 4. Agents, Employees: The Trustee may employ one or more agents to perform any act of administration, whether or not discretionary, including attorneys, auditors, investment managers, or others, as the Trustee shall deem necessary or advisable. The Trustee may compensate agents and other employees and may delegate to them any and all discretions and powers. 5. Leases: The Trustee may lease any Trust Assets generally or for oil, gas, and mineral development, even though the lease term may extend beyond the term of the Trust of which the property is a part. The Trustee may enter into any covenants and agreements relating to the property so leased or concerning any improvements which may then or thereafter be erected on such property. 6. Common Funds: The Trustee may hold any of the Trust Assets in a common fund with property from other trust estates and may make investments jointly with any other trust, the property of which is included in the common fund. 7. Securities: With respect to securities held in the Trust Estate, the Trustee may exercise all the rights, powers, and privileges of an owner, including but not limited to, the power to vote, give proxies, and to pay assessments and other sums deemed by the Trustee necessary for the protection of the Trust Estate. In addition, the Trustee may participate in voting trusts, foreclosures, reorganizations, consolidations, mergers, and liquidations, and in connection therewith, to deposit securities with and transfer title to any protective or other committee under such terms as the Trustee may deem advisable. In addition, the Trustee may exercise or sell stock subscription or conversion rights and may accept and retain as an investment any securities or other property received through the exercise of any of the foregoing powers, regardless of any limitations elsewhere in this instrument relative to investments by the Trustee. 8. Purchases from Estate: The Trustee may purchase property of any kind from the Executor or Administrator of the Estates. 9. Lending: The Trustee may make loans, secured or unsecured, to the Executor or Administrator of the Estate, to any Beneficiary of the Trust, or to the Trustee. Further, the Trustee may use Trust Assets to guarantee obligations of any income Beneficiary of the Trust (unless such Beneficiary is serving as Trustee). 10. Distributions to or for Beneficiaries: The Trustee may make any distribution contemplated by this Trust Agreement (I) to the Beneficiary; (2) if the Beneficiary is under a legal disability or if the Trustee determines that the Beneficiary is unable to properly manage his or her affairs, to a person furnishing support, maintenance, or education for the Beneficiary or with whom the Beneficiary is residing for expenditures on the Beneficiary's behalf; or (3) if the Beneficiary is a minor, to a trustee REVOCABLE LIVING TRUST AGREEMENT Page 7 of an existing trust established exclusively for the benefit of such minor, whether created by this Trust Agreement or otherwise, or to a custodian for the Beneficiary, as selected by the Trustee, under the Pennsylvania Uniform Transfer to Minors Act. Alternatively, the Trustee may apply all or a part of the distribution for the Beneficiary's benefit. Any distribution under this paragraph will be a full discharge of the Trustee with respect thereto. On any partial or final distribution of the Trust Assets, the Trustee may apportion and allocate the assets of the Trust Estate in cash or in kind, or partly in cash and partly in kind, or in undivided interests in the manner deemed advisable at the discretion of the Trustee and to sell any property deemed necessary by the Trustee to make the distribution. The Trustee may distribute gifts of up to $10,000.00 per year per donee out of principal and/or interest. 11. Insurance: The Trustee may purchase new life insurance, pay the premiums on existing life insurance on the life of any Trust Beneficiary, purchase annuities (either commercial or private) from any corporation, trust, or individual, and may procure and pay the premiums on other insurance of the kinds, forms, and amounts deemed advisable by the Trustee to protect the Trustee and the Trust Estate. 12. Borrowing: The Trustee may borrow money from the Trust Estate and others. To secure the repayment thereof, the Trustee may mortgage, pledge, or otherwise encumber part or all of the Trust Assets, and in connection with the acquisition of any property, the Trustee may assume a liability or may acquire property subject to a liability. 13. Repairs: The Trustee may make ordinary and extraordinary repairs and alterations to buildings or other Trust Assets. 14. Reserves: The Trustee may establish such reserves out of income for taxes, assessments, repair, and maintenance as the Trustee considers appropriate. 15. Continuation of Business: The Trustee may continue any business or businesses in which the Trust has an interest at the time of the Settlor's death for so long as the Trustee may, in its sole discretion, consider necessary or desirable, whether or not the business is conducted by the Settlor at the time of his death individually, as a partnership, or as a corporation wholly owned or controlled by him, with full authority to sell, settle, and discontinue any of them when and upon such terms and conditions as the Trustee may, in its sole discretion, consider necessary or desirable. 16. Retain Property for Personal Use: The Trustee may retain a residence or other property for the personal use of a Beneficiary and to allow a Beneficiary to use or occupy the retained property free of rent and maintenance expenses. 17. Dealings with Third Parties: The Trustee may deal with any person or entity regardless of relationship or identity of any Trustee to or with that person or entity. The Trustee may hold or invest any part of or all of the Trust Estate in common or undivided interests with that person or entity. 18. Partitions, Divisions, Distributions: The Trustee will have the power to make all partitions, divisions, and distributions contemplated by this Trust Agreement. Any partitions, divisions, or other distributions may be made in cash, in kind, or partly in cash and partly in kind, in any manner that the Trustee deems appropriate (including composing shares differently). The Trustee may determine the value of any property, which valuation will be binding on all Beneficiaries. No REVOCABLE LIVING TRUST AGREEMENT Page 8 adjustments are required to compensate for any partitions, divisions, or distributions having unequal consequences to the Beneficiaries. 19. Claims, Controversies: The Trustee may maintain and defend any claim or controversy by or against the Trust without the joinder or consent of any Beneficiary. The Trustee may commence or defend at the expense of the Trust any litigation with respect to the Trust or any property of the Trust Estate as the Trustee may deem advisable. The Trustee may employ, for reasonable compensation, such counsel as the Trustee shall deem advisable for that purpose. 20. Merger of Trusts: If at any time the Trustee of any trust created hereunder shall also be acting as trustee of any other trust created by trust instrument or by trust declaration for the benefit of the same beneficiary or beneficiaries and upon substantially the same terms and conditions, the Trustee is authorized and empowered, if in the Trustee's discretion such action is in the best interest ofthe Beneficiary or Beneficiaries, to transfer and merge all of the assets then held under such trust created pursuant to this Trust Agreement to and with such other trust and thereupon to terminate the trust created pursuant to this Trust Agreement. The Trustee is further authorized to accept the assets of any other trust which may be transferred to any trust created hereunder and to administer and distribute such assets and properties so transferred in accordance with the provisions of this Agreement. 21. Termination of Small Trust: Any corporate Trustee which is serving as the sole Trustee of any Trust or any Share thereof may at any time terminate such Trust or Share if, in the Trustee's sole judgment, the continued management of such Trust or Share is no longer economical because of the small size of such Trust or Share and if such action will be deemed to be in the best interests of the Beneficiary or Beneficiaries. In case of such termination, the Trustee will distribute forthwith the share of the Trust Estate so terminated to the income Beneficiary, per stirpes. Upon such distribution, such Trust or Share will terminate and the Trustee will not be liable or responsible to any person or persons whomsoever for its action. The Trustee will not be liable for failing or refusing at any time to terminate any Trust or a Share thereof as authorized by this paragraph. 22. Power to Determine Income and Principal: Dividends payable in stock of the issuing corporation, stock splits, and capital gains will be treated as principal. Except as herein otherwise specifically provided, the Trustee will have full power and authority to determine the manner in which expenses are to be borne and in which receipts are to be credited as between principal and income. The Trustee has the power to detennine what will constitute principal or income and may withhold from income such reserves for depreciation or depletion as the Trustee may deem fair and equitable. In determining such matters, the Trustee may give consideration to the provisions of the Pennsylvania Statutes (or its successor statutes) relating to such matters, but it will not be bound by such prOVISIOns. 23. Generation-Skipping Taxes and Payment: If the Trustee considers any distribution or termination of an interest or power hereunder as a distribution or termination subject to a generation-skipping tax, the Trustee is authorized: a. To augment any taxable distribution by an amount which the Trustee estimates to be sufficient to pay such tax and charge the same to the particular trust to which the tax related without adjustment of the relative interests of the Beneficiaries; REVOCABLE LIVING TRUST AGREEMENT Page 9 b. To pay such tax, in the case of a taxable termination, from the particular trust to which the tax relates without adjustment of the relative interests of the Beneficiaries. If such tax is imposed in part by reason of the Trust Assets, the Trustee will pay only the portion of such tax attributable to the taxable termination hereunder taking into consideration deductions, exemptions, credits, and other factors which the Trustee deems advisable; and c. To postpone final termination of any particular trust and to withhold any portion or all of the Trust Estate until the Trustee is satisfied that the Trustee no longer has any liability to pay any generation-skipping tax with reference to such trust or its termination. Section 4.04 Special Provision for S Corporation Stock Notwithstanding what is otherwise provided in this Trust Agreement, if at any time the Trust contains any stock of a corporation which elects or has elected treatment as an "S Corporation" as defined by Section 1361 (a)(1) of the Internal Revenue Code (or any corresponding successor statute), such stock will be segregated from the other assets of such and treated as a separate trust. The Trustee will further divide the separate trust into shares for each Beneficiary and such shares will be distributed outright or held in trust as herein provided. In addition, all other provisions ofthis Trust Agreement will apply to each share held in trust (and constituting a separate trust) except that the Trustee will distribute all of the income from each separate trust to its Beneficiary in convenient installments at least annually. It is the Settlor's intent that each separate trust will be recognized as a "Qualified Subchapter S Trust" ("QSST") under Section 1361(d)(2) of the Internal Revenue Code (or any corresponding successor statute). Notwithstanding any provisions of this Trust Agreement to the contrary, the Trustee's powers and discretions with respect to the administration of each separate trust (including methods of accounting, bookkeeping, making distributions, and characterizing receipts and expenses) will not be exercised or exercisable except in a manner consistent with allowing each separate trust to be treated as a QSST as above described. ARTICLE FIVE Section 5.01 Coordination with Settlor's Probate Estate 1. At any time during the continuance of this Trust, including subsequent to the death of Settlor, the Trustees may, in their sole and uncontrolled discretion, distribute to the deceased Settlor's Probate Estate cash and/or other property as a Beneficiary of the Trust. 2. All other provisions to the contrary notwithstanding, under no circumstances shall any restricted proceeds, as hereinafter defined, be either directly or indirectly: (i) distributed to or for the benefit of the Settlor's Executors or the Settlor's Probate Estate; or (ii) used to pay any other obligations of the Settlor's Estate. The term "Restricted Proceeds" means: a. All qualified plans, individual retirement accounts, or similar benefits which are received or receivable by any Trustee hereunder, and which are paid solely to a Beneficiary other than the Executor ofthe Settlor's Gross Estate for Federal Estate Tax purposes; and b. All proceeds of insurance on the Settlor's life which, if paid to a Beneficiary other than the Settlor's Estate, would be exempt from inheritance or similar death taxes under applicable state death laws. REVOCABLE LIVING TRUST AGREEMENT Page 10 Section 5.02 Direction to Minimize Taxes In the administration of the Trust hereunder, its Fiduciaries shall exercise all available tax related elections, options, and choices in such a manner as they, in their sole but reasonable judgment (where appropriate, receiving advice of tax counsel), believe will achieve the overall minimum in total combined present and reasonably anticipated future administrative expenses and taxes of all kinds. This applies not only to said Trust, but also to its Beneficiaries, to the other Trusts hereunder and their Beneficiaries, and to the Settlor's Probate Estate. Without limitation on the generality of the foregoing direction (which shall to that extent supercede the usual fiduciary duty of impartiality), such Fiduciaries shall not be accountable to any person interested in this Trust or to Settlor's Estate for the manner in which they shall carry out this direction to minimize overall taxes and expenses (including any decision they may make not to incur the expense of a detailed analysis of alternative choices). Even though their decisions in this regard may result in increased taxes or decreased distributions to the Trust, to the Estate, or to one or more Beneficiaries, the Fiduciaries shall not be obligated for compensation readjustments or reimbursements which arise by reason of the manner in which the Fiduciaries carry out this direction. Section 5.03 Judgment and Discretion of Trustee In the absence of proof of bad faith, all questions of construction or interpretation of any trusts created by this Trust Agreement will be finally and conclusively determined solely by the Trustee, according to the Trustee's best judgment and without recourse to any court. Each determination by the Trustee is binding on the Beneficiaries and prospective Beneficiaries hereunder, both in being and unborn, as well as all other persons, firms, or corporations. The Trustee, when exercising any discretionary power relating to the distribution or accumulation of principal or income or to the termination of any trust, will be responsible only for lack of good faith in the exercise of such power. Each determination may be relied upon to the same extent as if it were a final and binding judicial determination. In the event of a conflict between the provisions of this Trust Agreement and those of the Pennsylvania Statutes, the provisions of this Agreement will control. ARTICLE SIX Section 6.01 Resolution of Conflict Any controversy between the Trustee or Trustees and any other Trustee or Trustees, or between any other parties to this Trust, including Beneficiaries, involving the construction or application of any of the terms, provisions, or conditions of this Trust shall, on the written request of either or any disagreeing party served on the other or others, shall be submitted to arbitration. The parties to such arbitration shall each appoint one person to hear and determine the dispute and, if they are unable to agree, then the two persons so chosen shall select a third impartial arbitrator whose decision shall be final and conclusive upon both parties. The cost of arbitration shall be borne by the losing party or in such proportion as the arbitrator( s) shall decide. Such arbitration shall comply with the commercial arbitration rules of the American Arbitration Association, 140 West 51st Street, New York, NY 10200. REVOCABLE LIVING TRUST AGREEMENT Page 11 Section 6.02 Incontestability The beneficial provisions of this Trust Agreement are intended to be in lieu of any other rights, claims, or interests of whatsoever nature, whether statutory or otherwise, except bona fide pre-death debts, which any Beneficiary hereunder may have in Settlor's Estate or in the properties in trust hereunder. Accordingly, if any Beneficiary hereunder asserts any claim (except a legally enforceable debt), statutory election, or other right or interest against or in Settlor's Estate, or any properties of this Trust, other than pursuant to the express terms hereof, or directly or indirectly contests, disputes, or calls into question, before any court, the validity of this Trust Agreement, then: 1. Such Beneficiary shall thereby absolutely forfeit any and all beneficial interests of whatsoever kind and nature which such Beneficiary or his or her heirs might otherwise have under this Trust Agreement and the interests of the other Beneficiaries hereunder shall thereupon be appropriately and proportionately increased; and 2. All of the provisions of this Trust Agreement, to the extent that they confer any benefits, powers, or rights whatsoever upon such claiming, electing, or contesting Beneficiary, shall thereupon become absolutely void; and 3. Such claiming, electing, or contesting Beneficiary, if then acting as a trustee hereunder, shall automatically cease to be a Trustee and shall thereafter be ineligible either to select, remove, or become a Trustee hereunder. Section 6.03 Specific Omissions Any and all persons and entities, except those persons and entities specifically named herein, have been intentionally omitted from this Trust Agreement. If any person or entity shall successfully challenge any term or condition of this Trust Agreement, then, to that person or entity shall be given the sum of one dollar ($1.00) in lieu and in place of any other benefit, grant, or interest which that person or interest may have in the Trust Estate. Section 6.04 Benefits Confidential The Settlor further declare that it is his desire and intent that the provisions of this Trust Agreement are to remain confidential as to all parties. The Settlor directs that only the information concerning the benefits paid to any particular Beneficiary shall be revealed to such individual and that no individual shall have a right to information concerning the benefits being paid to any other Beneficiary. ARTICLE SEVEN Section 7.01 Distribution in Kind or in Cash On any division of the assets of the Trust Estate in to shares or partial shares, and on any final or partial distribution of the assets of the Trust Estate, the Trustee, at his or her absolute discretion, may divide and distribute undivided interests of such assets on a pro rata or non-pro rata basis, or may sell any part of or all of such assets and may make divisions or distributions in cash or partly in cash and partly in kind. The decision of the Trustee, either prior to or on any division or distribution of such assets, as to what constitutes REVOCABLE LIVING TRUST AGREEMENT Page 12 a proper division of such assets of the Trust Estate, shall be binding on all persons interested in any trust provided for in this Trust Agreement. Section 7.02 Spendthrift Provision Neither the principal nor the income of the trust shall be liable for the debts of a Beneficiary. Except as otherwise expressly provided in this Agreement, no Beneficiary of any trust shall have any right, power, or authority to alienate, encumber, or hypothecate his or her interest in the principal or income of this Trust in any manner, nor shall the interests of any Beneficiary be subject to the claims of his or her creditors or liable to attachment, execution, or other process of law. The limitations herein shall not restrict the exercise of any power of appointment or the right to disclaim. Section 7.03 Definition of Children The terms "Child" and "Children" as used in this Agreement mean the lawful issue of a Settlor. This definition also includes children legally adopted by a Settlor, Section 7.04 Handicapped Beneficiaries Any Beneficiary who is determined by a court of competent jurisdiction to be incompetent shall not have any discretionary rights of a Beneficiary with respect to this Trust, or to their share or portion thereof. The Trustee shall hold and maintain such incompetent Beneficiary's share of the Trust estate and shall, in the Trustee's sole discretion, provide for such Beneficiary as that Trustee would provide for a minor, Notwithstanding the foregoing, any Beneficiary who is diagnosed for the purposes of governmental benefits (as hereinafter delineated) as being not competent or as being disabled, and who shall be entitled to governmental support and benefits by reason of such incompetency or disability, shall cease to be a Beneficiary of this Trust. Likewise, they shall cease to be a Beneficiary if any share or portion of the principal or income of the Trust shall become subject to the claims of any governmental agency for costs or benefits, fees, or charges. The portion of the Trust Estate which, absent the provisions of this section, would have been the share of such incompetent or handicapped person shall be retained in trust for as long as that individual lives. The Trustee, at his or her sole discretion, shall utilize such funds for the maintenance of that individual. If such individual recovers from his or her incompetency or disability and is no longer eligible for aid from any governmental agency, including costs or benefits, fees, or charges, such individual shall be reinstated as a Beneficiary after 60 days from such recovery and the allocation and distribution provisions as stated herein shall apply to that portion of the Trust Estate which is held by the Trustee subject to the foregoing provisions of this section. If said handicapped Beneficiary is no longer living and shall leave children then living, the deceased child's share shall pass to those children per stirpes. If there are no children, the share shall be allocated proportionately among the remaining Beneficiaries. ARTICLE EIGHT Section 8.01 Trustees All Trustees are to serve without bond. The following will act as Trustees of any Trusts created by this Trust Agreement, in the following order of succession: REVOCABLE LIVING TRUST AGREEMENT Page 13 First: The undersigned, EDGAR L. GOHO Second: At the death or incapacity of EDGAR L. GOHO, CRYSTAL L. SCHADE shall serve as First Successor Trustee. Third: DESIREE A. BOYKIN shall serve as Second Successor Trustee. Last: A Trustee chosen by the majority of Beneficiaries, with a parent or legal guardian voting for minor Beneficiaries; provided, however, that the children of any deceased Beneficiary shall collectively have only one vote. Section 8.02 Allocation and Distribution of The Trust Assets The Trustees shall allocate, hold, administer, and distribute the Trust Assets as hereinafter provided: 1. Upon the death of the Settlor, the Trustee shall make any separate distributions the Trust Assets in the manner hereinafter prescribed. Section 8.03 Personal Property Distribution Notwithstanding any provision of this Trust Agreement to the contrary, the Trustee must abide by any memorandum by the Settlor, particularly that contained in the section entitled "Special Directives" incorporated into this Trust Instrument, directing the disposition of Trust Assets of every kind including, but not limited to, furniture, appliances, furnishings, pictures, china, silverware, glass, books, jewelry, wearing apparel, and all policies of fire, burglary, property damage, and other insurance on or in connection with the use of property. Otherwise, any personal and household effects of the Settlor shall be distributed with the remaining assets ofthe Trust Estate. Section 8.04 Liability of Trustee The Trustee will not be responsible or liable for any loss which may occur by reason of depreciation in value of the properties at any time belonging to the Trust Estate nor for any other loss which may occur, except that the Trustee will be liable for each Trustee's own negligence, neglect, default, or willful wrong. The Trustee will not be liable or responsible for the acts, omissions, or defaults of any agent or other person to whom duties may be properly delegated hereunder (except officers or regular employees ofthe Trustee) if such agent or person was appointed with due care. The Trustee may receive reimbursement from the Trust Estate for any liability, whether in contract or in tort, incurred in the administration of the Trust Estate in accordance with the provisions hereof, and the Trustee may contract in such form that such Trustee will be exempt from such personal liability and that such liability will be limited to the Trust Assets. Section 8.05 Successor Trustees Any Successor Trustee shall have all the power, rights, discretion, and obligations conferred on a Trustee by this Trust Agreement. All rights, titles, and interest in the property of the Trust shall immediately vest in the successor Trustee at the time of appointment. The prior Trustee shall, without warranty, transfer to the Successor Trustee the existing Trust property. No Successor Trustee shall be under any duty to examine, verify, question, or audit the books, records, accounts, or transaction of any preceding Trustee; and no Successor Trustee shall be liable for any loss or expense from or occasioned by anything done or neglected REVOCABLE LIVING TRUST AGREEMENT Page 14 to be done by any predecessor Trustee. A Successor Trustee shall be liable only for his or her own acts and defaults. ARTICLE NINE Section 9.01 Perpetuities Savings Clause Notwithstanding any other provision of this instrument, the Trusts created hereunder shall terminate not later than twenty-one (21) years after the death of the last survivor of the Settlor and any other Beneficiary or Beneficiaries named or defined in this Trust living on the date of the death of the Settlor. The Trustee shall distribute remaining Trust principal and all accrued or undistributed net income hereunder to the Beneficiary or Beneficiaries. Ifthere is more than one Beneficiary, the distribution shall be in the proportion in which they are Beneficiaries; if no proportion is designated, then the distribution shall be in equal shares to such Beneficiaries. ARTICLE TEN Section 10.01 Governing Law It is not intended that the laws of only one particular state shall necessarily govern all questions pertaining to all of the Trust hereunder. 1. The validity of the Trust hereunder, as well as the validity of the particular provisions of that Trust, shall be governed by the laws ofthe state which has sufficient connection with the Trust to support such validity. 2. The meaning and effect ofthe terms ofthis Trust Agreement shall be governed by the laws of the Commonwealth of Pennsylvania. 3. The administration of this Trust shall be governed by the laws of the state in which the principle office of the Trustee then having custody ofthe Trust's principal assets and records is located. The foregoing shall apply even though the situs of some Trust Assets or the home of the Settlor, a Trustee, or a Beneficiary may at some time or times be elsewhere. Section 10.02 Invalidity of Anv Provision If a court finds that any provision of this Trust Agreement is void, invalid, or unenforceable, the remaining provisions of this Agreement will continue to be fully effective. Section 10.03 Headings The use of headings in connection with the various articles and sections of this Trust Agreement is solely for convenience and the headings are to be given no meaning or significance whatsoever in construing the tenns and provisions of this Agreement. REVOCABLE LIVING TRUST AGREEMENT Page 15 Section 10.04 Internal Revenue Code Terminologv As used herein, the words "Gross Estate," "Adjusted Gross Estate," "Taxable Estate," "Unified Credit," "State Death Tax Credit," "Maximum Marital Deduction," "Marital Deduction," and any other word or words which from the context in which it or they are used refer to the Internal Revenue Code shall be assigned the same meaning as such words have for the purposes of applying the Internal Revenue Code to a deceased Settlor's Estate. Reference to sections of the Internal Revenue Code and to the Internal Revenue Code shall refer to the Internal Revenue Code amended to the date of such Settlor's death. REVOCABLE LIVING TRUST AGREEMENT Page 16 SPECIAL DIRECTIVES OF EDGAR L. GOHO I, EDGAR L. GOHO, a resident of the County of Cumberland, Commonwealth of Pennsylvania, being of lawful age, and of sound and disposing mind and memory, and not acting under duress, fraud, or undue influence, hereby make, publish and declare this to be my Special Directive, and I incorporate THE EDGAR L. GOHO REVOCABLE LIVING TRUST AGREEMENT. FIRST The natural objects of my affection are: 1. My Children - CRYSTAL L. SCHADE DESIREE A. BOYKIN DONNA L. GOUDY SECOND I direct that all estate and inheritance taxes payable as a result of my death, not limited to taxes assessed on property, shall be paid out of the residue of my Estate, and shall not be deducted or collected from any League, Devisee, or Beneficiary hereunder. THIRD In the event any of my named Beneficiaries should predeceased me, all of that person's share ofthe Trust Estate is to be divided equally among that person's issue per stirpes unless otherwise stated in these directives. FOURTH I direct that, before any distribution of the assets of the Trust Estate to the named Beneficiaries, certain specific distributions, if any, shall be made from the assets as set forth on the list attached hereto and marked "Exhibit A." REVOCABLE LIVING TRUST AGREEMENT Page 1 7 DATED to be effective this fq dayof J~ ,l9~ SETTLOR: ~*PA- +;1), ~ EDG . GOHO r/ ---r i ACCEPTED BY TRUSTEE: d?rf~A. EDG I . GOHO rd COMMONWEAL TH OF PENNSYLVANIA COUNTY OF CUMBERLAND This instrument was acknowledged before me on the date herein set forth by EDGAR L. GOHO as Settlor and Trustee to certifY which witness my han seal of office. l"~ 5;; .. ./"" f ' .,' llmntwood Borough. Alleyheny Ci). I, - : -, -:"ss!on expIres Oct. 22. 2001 ~,-~-~ -I. " fl~ REVOCABLE LIVING TRUST AGREEMENT Page 18 ESTATE OF EDGAR L. GOHO FILE NO. 21- 05- 0432 INHERITANCE TAX RETURN LAST WILL AND TEST AMENT LAST WILL AND TESTAMENT (Pour-Over Will) OF EDGAR L. GOHO IDENnTY I, EDGAR L. GOHO, residing in the County of Cumberland, Commonwealth of Pennsylvania, being of sound mind and memory, and not acting under duress or undue influence of any person whomsoever, hereby declare this to be my Last Will and Testament, and I do hereby revoke all other former Wills and Codicils to Wills heretofore made by me. My Social Security Number is 711-07-5090. I have the following children: CRYSTAL L. SCHADE born August 17, 1959 and currently residing in Mechanicsburg, P A and DESIREE A. BOYKIN born January 7, 1961 and currently residing in Eno1a, PA and DONNA L. GOUDY born September 26, 1941 and currently residing in Broaddus, TX. DEBTS, TAXES AND ADMINISTRATION EXPENSES I have provided for the payment of all my debts, expenses of administration of property wherever situated passing under this Will or otherwise, and estate, inheritance, transfer, and succession taxes, other than any tax on a generation-skipping transfer that is not a liability of my Estate (including interest and penalties, if any) that become due by reason of my death, under THE EDGAR L. GOHO REVOCABLE LIVING TRUST executed on even date herewith (the "Revocable Trust"). If the Revocable Trust assets should be insufficient for these purposes, my Executor shall pay any unpaid items from the residue of my Estate passing under this Will, without any apportionment or reimbursement. In the alternative, my Executor may demand in a writing addressed to the Trustee of the Trust an amount necessary to pay all or part of these items, plus claims, pecuniary legacies, and family allowances by court order. PERSONAL AND HOUSEHOLD EFFECTS It is my intent that all my personal and household effects were transferred to the Revocable Trust as a result of the Declaration ofIntent signed this date. If there are any questions regarding the ownership or disposition of these assets, it is my desire that such assets pour into the Revocable Trust, signed by me this date in accordance with the provisions ofthe section titled "Residue of Estate." RESIDUE OF EST A TE I give, devise and bequeath all the rest, residue and remainder of my property of every kind and description (including lapsed legacies and devices), wherever situated and whether acquired before or after the execution of this Will, to the Trustee under that certain Trust executed by me on the same date of the execution of this Will. The Trustee shall add the property bequeathed and devised by this item to the corpus of the above described Trust and shall hold, administer and distribute said property in accordance with the provisions of the said Trust, including any amendments thereto made before my death. POUR-OVER WILLS Page 1 ~~~ C27~(T~s,.,or) - If for any reason the said Trust shall not be in existence at the time of death, or if for any reason a court of competent jurisdiction shall declare the foregoing testamentary disposition to the Trustee under said Trust as it exists at the time of my death to be invalid, then I give all of my Estate including the residue and remainder thereof to that person who would have been the Trustee under the Trust, as Trustee, and to their substitutes and successors under the Trust, described herein above, to be held, managed, invested, reinvested and distributed by the Trustee upon the terms and conditions pertaining to the period beginning with the date of my death as are constituted in the Trust as at present constituted giving effect to amendments, if any, hereafter made and for that purpose I do hereby incorporate such Trust by reference into this my Will. EXECUTOR I hereby nominate and appoint CRYSTAL L. SCHADE to serve without bond as my Executor of this my Last Will and Testament. In the event the first named Executor shall predecease me or is unable or unwilling to act as my Executor for any reasons whatsoever, then and in that event, I hereby nominate and appoint DESIREE A. BOYKlN to serve without bond as my Independent Executor. Whenever the word "Executor" or any modifYing or substituted pronoun therefore is used in this my Will, such words and respective pronouns shall be held and taken to include both the singular and the plural, the masculine, feminine and neuter gender thereof, and shall apply equally to the Executor named herein and to any successor to substitute Executor acting hereunder, and such successor or substitute Executor shall possess all the rights, powers, duties, authority, and responsibility conferred upon the Executor originally named herein. EXECUTOR POWERS By way of Illustration and not of limitation and in addition to any inherent, implied or statutory powers granted to executors generally, my Executor is specifically authorized and empowered with respect to any property, real or personal, at any time held under any provision of this my Will: to allot, allocate between principal and income, assign, borrow, buy, care for, collect, compromise claims, contract with respect to, continue any business of mine, convert, deal with, dispose of, enter into, exchange, hold, improve, incorporate any business of mine, invest, lease, manage, mortgage, grant and exercise options with respect to, take possession of, pledge, receive, release, repair, sell, sue for, make distributions in cash or in kind of partly in each without regard to the income tax basis of such asset and in general, exercise all of the powers in the management of my Estate which any individual could exercise in the management of similar property owned in its own right upon such terms and conditions as to my Executor may seem best, and execute and deliver any and all instruments and do all acts which my Executor may deem proper or necessary to carry out the purpose of this my Will, without being limited in any way by the specific grants or power made, and without the necessity of a court order. My Executor shall have absolute discretion, but shall not be required, to make adjustments in the rights of any Beneficiaries, or among the principal and income accounts to compensate for the consequences of any tax decision or election, or of any investment or administrative decision, that my executor believes has had the effect, directly or indirectly, of preferring one Beneficiary or group of Beneficiaries over others. In determining the Federal Estate and Income Tax liabilities of my Estate, my Executor shall have discretion POUR-OVER WILLS Page 2 p#dA.t/,.{.~ CCTestator) to select the valuation date and to determine whether any or all of the allowable administration expenses in my Estate shall be used as Federal Estate Tax deductions or as Federal Income Tax deductions. SPECIFIC OMISSIONS I have intentionally omitted any and all persons and entities from this, my Last Will and Testament, except those persons and entities specifically named herein. If any person or entity shall challenge any term or condition of this Will, or of the Living Trust to which I have made reference in the sections "Household and Personal Effects" and "Residue of Estate," then, to that person or entity, I give and bequeath the sum of only one dollar ($1.00) only in lieu and in place of any other benefit, grant, bequest or interest which that person or interest may have in my Estate or the Living Trust and its Estate. SIMULTANEOUS DEATH If any other Beneficiary should not survive me for sixty (60) days, then it shall be conclusively presumed for the purpose of this my Will that said Beneficiary predeceased me. This instrument consists of 5 typewritten pages, including the Attestation Clause, Self-Proving Clause, signature of Witnesses, and acknowledgment of officer. I have signed my name at the bottom of each of e preceding pages. This instrument is being signed by me on this I 9 day of OA~'~ , 19!fJ-. POUR-OVER WILLS Page 3 ~ ATTESTATION CLAUSE The Testator whose name appears above declared to us, the undersigned, that the foregoing instrument was his Last Will and Testament, and he requested us to act as witnesses to such instrument and to his signature thereon. The Testator thereupon signed such instrument in our presence. At the Testator's request, the undersigned then subscribed our names to the instrument in our own handwriting in the presence of the Testator. The undersigned hereby declare, in the presence of each of us, that we believe the Testator to be of sound and disposing mind and memory. Signed by us on the same day and year as this Last Will and Testament was signed by the Testator. WITNESSES: ADDRESSES: ~~ R#wJ."lo- "Jy)r/fli}) F2 HUcKAt3/ (Printed Name of Witness) 1/1 IV fI. NV st ftffB \'YO/? /'-4 Jpvs bv fiY;J- J ~ J7,j1f3 / ~/f AI. dJ'Jcl ~+I .h}1 g - Lt)o R \'l'\ I e_ 'fS\Ju...,V'<;? 'W (7()1.3 POUR-OVER WILLS Page 4 c94~ !/ (Testator) .. J COMMONWEAL TR OF PENNSYLVANIA COUNTY OF CUMBERLAND SELF-PROVING CLAUSE '~ ,F~RE M , the un r~igned aut~ rio/r. on Q1Js day personally appeared EDGAR L. GORO, to . ttudtt4. and 'if'1rJ C \ ~. Y'J'U(~~5fm to me to be the Testator and the witnesses, respectively, whose nat es are subscribed to the foregoing instrument in their respective capacities, and all of them being by me duly sworn, EDGAR L. GORO, Testator, declared to me and to the witnesses, in my presence, that the instrument is his Will and that he had willingly made and executed it as his free act and deed for the purposes therein expressed; and the Witnesses, each on his or her oath, stated to me in the presence and hearing of the Testator, that the Testator had declared to them that the instrument is his Will and that he executed the same as such and wanted each of them to sign it as a witness; and upon their oaths, each witness stated further that he did the same as a witness in the presence of the Testator, and at his request and that he was at that time eighteen (18) years of age or over and was of sound mind, and that each of the witnesses was then at least fourteen (14) years of age. ::paYJ~ IlMc),~ ~less .' . l DI'IA 1. J'J R HJJdi-t3 Y (Printed Name of Witness) ~:tjrt:tJt (Printed Name of Witness) SUBSCRIBED AND ACKNO subscribed and sworn to before me by witnesses, this the I ~ day of I Ii ---..........-.--. OOHKWR1I!r!fl ' ~!otmy Pubtro , ~. Srsl'ltwood Borough. AIleyl'leny Co.. -... '::,!0>1 ExprrES Oct. 22. 2001 -.\ esta~ / blic, Commonwealth of Pennsylvania POUR-OVER WILLS Page 5 e~~ U (Testator Register of Wills of Dauphin County, Pennsylvania INVENTORY Estate of EDGAR L. GOHO No. ~ S - '-\ :) -L also known as Date of Death 05/04/2005 , Deceased Social Security No. 711-n7-~Oqn CRYSTAL L. SCHADE 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 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 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. Personal Representative: ~ o'(~S' ~_ Crystal L. Schade / - c:?<tj- O~ Name of Attorney: Gregory S. Chelap, Esquire I.D. No.: 78443 Address: 17 South Second Street, Sixth Floor Harrisburq, PA 17101 Telephone: 717-233-1000 Dated Description Value Sovereign Bank Checking A.ccount No. 1051137446 PNC Bank Checking Account No. 5004618679 1996 Chevrolet Corsica Haband - refund from returned merchandise Comcast Cable - refund PPL - refund Penn National Insurance - refund for unused premium for renter's insurance Penn National Insurance - refund for unused premium for car insurance The Patriot News - Subscription refund Torchmark Corp. - refund of unused premium for heal thcare supplement IPaychex - refund from lottery company Soundview Communications, Inc. - subscription refund u.S. Treasury - Railroad Retirement Final Annuity Banker's Life - Refund of long term care insurance Proceeds from yard sale Personal property and household goods 2,063.32 90.00 1,830.00 45.93 1 0 . 27 15.06 93.00 241.00 63.)90 254.83 197.19 9.75' 1,128.80 311 .16 397.00 500.00 1._. ".~l Total: $8,691.17 (Attach Additional Sheets if necessary) NOTE: The Memorandum of real estate outside the Commonwealth of Pennsylvania may, at the election of the personal representative, include the value of each item, but such figures should not be extended into the total of the Inventory. pt RW-8