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Home My WebLink About06-06-06 REV-1500 EX + (6-00) . w ..... ~~II) Oa::~ wQ.g :J:O.J 08:1II Q. < OFFICIAL USE ONLY COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF REVENUE DEPT. 280601 HARRISBURG, PA 17128-0601 REV-1500 INHERITANCE TAX RETURN RESIDENT DECEDENT FilE NUMBER II 06 COUNTY CODE YEAR SOCIAL SECURITY NUMBER ~ z w C w o w C DECEDENTS NAME (LAST, FIRST, AND MIDDLE INITIAL) Hoch, Lester S. D~T~ ~~ ;~;~~~DD-YEAR) '-'Tb~E20~~B~~H;;~~;-YEAR)--_n- (IF APPLICABLE) SURVIVING SPOUSE'S NAME ( LAST, FIRST AND MIDDLE INITIAL) 214-12-7587 0108 NUMBER THIS RETURN MUST BE FILED IN DUPLICATE WITH THE REGISTER OF WILLS SOCIAL SECURITY NUMBER 4a. Future Interest Compromise (date of death after 12-12-82) 7. Decedent Maintained a Living Trust (Attach copy of Trust) 10 Spousal Pove~ Credit (date of death between . 12-31-91 and 1-1-95) D 3. Remainder Return (date of death prior to 12-13-82) D 5. Federal Estate Tax Return Required 1 8. Total Number of Safe Deposit Boxes D 11. Election to tax under Sec. 9113(A) (Attach Sch 0) [!] 1. Original Return D 4. Limited Estate [!] 6. Decedent Died Testate (Attach copy of \Mil) D 9. Litigation Proceeds Received D D [!] D 2. Supplemental Return ..... z w c z o Q. II) W a:: a:: o o NAME Sue Mauery FIRM NAME (If applicable) Manufacturers and Traders Trust Company TELEPHONE NUMBER 717-255-2051 COMPLETE MAILING ADDRESS PO Box 2961 Harrisburg, PA 17105 ~ (1 ) (2) (3) (4) (5) (6) (7) None None None None 40,999.06 --..... None 360,579.65 (8) 5,196.44 3,144.09 1. Real Estate (Schedule A) 2. Stocks and Bonds (Schedule B) 3. Closely Held Corporation, Partnership or Sole-Proprietorship z o i= :5 ::J ~ a:: oC( o w a:: 4. Mortgages & Notes Receivable (Schedule D) 5. Cash, Bank Deposits & Miscellaneous Personal Property (Schedule E) 6. Jointly Owned Property (Schedule F) D Separate Billing Requested 7. Inter-Vivos Transfers & Miscellaneous Non-Probate Property (Schedule G or L) D Separate Billing Requested 8. Total Gross Assets (total Lines 1-7) 9. Funeral Expenses & Administrative Costs (Schedule H) (9) (11 ) (12) 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) 20. D CHECK HERE IF YOU ARE REQUESTING A REFUND OF AN OVERPAYMENT. 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) (13) (14) SEE INSTRUCTIONS ON REVERSE SIDE FOR APPLICABLE RATES 15. Amount of Line 14 taxable at the spousal tax rate, 0.00 x .00 (15) z or transfers under Sec. 9116(a)(1.2) 0 i= 16. Amount of Line 14 taxable at lineal rate 0.00 x .045 (16) ~ ::J Q. 17.Amount of Line 14 taxable at sibling rate 0.00 x .12 (17) :::IE 0 0 18. Amount of Line 14 taxable at collateral rate 204,092.08 .15 (18) >< x ~ 19. Tax Due (19) r"-::? \.,.".., FICIA~SE O~ (') :;:; ;;~i ~.~ G\ :_..J C,J ') c:::> : -';"1 - -.:.1.:1 (') lil -..., r.J I c/"; (-::) .. ,'1 en o 401,578.71 8,340.53 393,238.18 189,146.10 204,092.08 0.00 0.00 0.00 30,613.81 30,613.81 Copyright 2002 form software only The Lackner Group, Inc. Form REV-1500 EX (Rev. 6-00; C/ Decedent's Complete Address: STREET ADDRESS Green Ridge Village 210 Big Spring Road CITY Newville I STATE PA IZIP 17241 Tax Payments and Credits: 1. Tax Due (Page 1 Line 19) 2. Credits/Payments A. Spousal Poverty Credit B. Prior Payments C. Discount (1 ) 30,613.81 27,550.00 1,450.00 Total Credits (A + B + C) (2) 29,000.00 3. Interest/Penalty if applicable D. Interest E. Penalty Total Interest/Penalty (D + E) (3) 4. If Line 2 is greater than Line 1 + Line 3, enter the difference. This is the OVERPAYMENT. (4) Check box on Page 1 Line 20 to request a refund 5. If Line 1 + Line 3 is greater than Line 2, enter the difference. This is 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) 1,613.81 1,613.81 Make Check Payable to: REGISTER OF WILLS, AGENT 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;.................................................................................~ D b. retain the right to designate who shall use the property transferred or its income;....................................~ D c. retain a reversionary interest; or.... ......... ............ ... ......... ............ ... ....... ........... ....... ... ...... ...... ....... ............ [!] 0 d. receive the promise for life of either payments, benefits or care?............................................................ 0 ~ 2. If death occurred after December 12, 1982, did decedent transfer property within one year of death without receiving adequate consideration?...... ...................... ............ ............. ............ ......... ..........................................0 ~ 3. Did decedent own an "in trust for" or payable upon death bank account or security at his or her death?......... D [!J 4. Did decedent own an Individual Retirement Account, annuity, or other non-probate property which contains a beneficiary designation?..... ........ ... ........ .... ........ ............ ........... ........ ... ........ .......... ........ ............ .... ..[!J D IF THE ANSWER TO ANY OF THE ABOVE QUESTIONS IS YES, YOU MUST COMPLETE SCHEDULE G AND FILE IT AS PART OF THE RETURN. Under penalties of perjury, I declare that I have examined this return, including accompanying schedules and statements, and to the best of my knowledge and belief, it is true, correct and complete. Declaration of preparer other than the personal representative is based on all information of which preparer has any knowledge. SIGNATURE OF PERSON RESPONSIBLE FOR FILING RETURN ADDRESS Manufacturers and Traders Trust Company Sue JYIauery PO Box 2961 ~ m Harrisburg, PA 17105 SIGNATURE OF PERSON RESPONSIBL OR FILING RETURN ADDRESS DATE ADDRESS Manufacturers and Traders Trust Company PO Box 2961 Harrisburg, PA 17105 For dates of death on or after July 1, 1994 and before January 1, 1995, the tax rate imposed on the net value of transfers to or for the use of the surviving spouse is 3% [72 P.S. ~9116 (a) (1.1) (i)]. For dates of death on or after January 1, 1995, the tax rate imposed on the r [72 P.S. ~9116 (a) (1.1) (ii)]. The statute does not exemoa transfer to a sun of assets and filing a tax return are still applicable even if the surviving spout For dates of death on or after July 1, 2000: The tax rate imposed on the net value of transfers from a deceased child twe natural parent, an adoptive parent, or a stepparent of the child is 0% [72 P.S. The tax rate imposed on the net value of transfers to or for the use of the deo ~9116 1.2) [72 P.S. ~9116 (a) (1 )]. f}() fJ04t1 ttJ - the surviving spouse is 0% requirements for disclosure , to or for the use of a pt as noted in 72 P.S. The tax rate imposed on the net value of transfers to or for the use of the dece defined under Section 9102, as an individual who has at least one parent in co fl/ql'P ) (1.3)]. A sibling is . ___~ vy OlOod or adoption. Rev-15G8 EX+ (6-98) *' SCHEDULE E CASH, BANK DEPOSITS, & MISC. PERSONAL PROPERTY COMMONWEALTH OF PENNSYLVANIA INHERITANCE TAX RETURN RESIDENT DECEDENT Hoch, Lester S. FILE NUMBER 21-06-0108 ESTATE OF Include the proceeds of litigation and the date the proceeds were received by the estate. All property jointly-owned with the right of survivorship must be disclosed on schedule F. ITEM NUMBER DESCRIPTION 1 Capital Blue Cross - Medical Insurance Reimbursement VALUE AT DATE OF DEATH 565.54 2 Cash found in Home 1.00 3 Erie Insurance - Refund on Homeowner's Insurance 80.00 4 M&T Bank Checking Account #43107753 - Date of Death Balance 38,000.07 Accrued interest on Item 4 through date of death 2.59 5 Received from Cumberland Valley Coop - Proceeds from Sale of Cumberland Valley Cooperation Association Stock 1 share common and 2 shares preferred 30.00 6 The Sentinel - Refund for Newspaper 11.11 7 Household Effects - Sale Price 2.271.75 8 Old Coins found in Room - Sale Price 37.00 TOTAL (Also enter on Line 5, Recapitulation) 40,999.06 (If more space is needed, additional pages of the same size) Copyright (c) 2002 form software only The Lackner Group, Inc. Form PA-1500 Schedule E (Rev. 6-98) Rev-1510 EX+ (6-98) *' SCHEDULE G INTER-VIVOS TRANSFERS & MISC. NON-PROBATE PROPERTY COMMON~TH OF PENNSYLVANIA INHERITANCE TAX RETURN RESIDENT DECEDENT Hoch, Lester S. FILE NUMBER 21-06-0108 ESTATE OF 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. ITEM DESCRIPTION OF .._ _.. T DATE OF DEATH % OF DECD'S EXCLUSION TAXABLE NUMBER INCLUDE NAME OF TRANSFEREE, THEIR RELATIONSHIP TO DECEDENT AND VALUE OF ASSET INTEREST (IF APPLICABLE) VALUE THE DATE OF TRANSFER. ATTACH A COPY OF THE DEED FOR REAL ESTATE. Manufacturers and Traders Trust Company, Trustee under Agreement with Lester S. Hoch dated 9/1/2002 1 2,331 shares of Evergreen International Bond 25.338.89 25.338.89 Fund -In - Date of Death Balance 2 990 shares of Goldman Sachs High Yield Fd #527 7.134.32 7.134.32 - Date of Death Balance Accrued income on Item 2 through date of death 13.41 13.41 3 Income Cash - Balance as of Date of Death 5.030.51 5.030.51 Accrued income on Item 3 through date of death 3.00 3.00 4 10,016.628 shares of MTB Short Duration 95.658.80 95.658.80 Government Bond Inst I Fund #120 - Date of Death Balance Accrued dividend on Item 4 through date of 77.08 77.08 death 5 7,995.477 shares of MTB Short Term Corporation 77.938.26 77.938.26 Bd-Inst 1-#518 - Date of Death Balance Accrued dividend on Item 5 through date of 59.58 59.58 death 6 12,605.297 shares of MTB Intermediate Term 124.288.23 124.288.23 Bond-Inst I Fund #220 - Date of Death Balance Total of Continuation Schedule{s) ~ee attached page TOTAL (Also enter on Line 7, Recapitulation) 360.579.65 (If more space is needed, additional pages of the same size) Copyright (c) 2002 form software only The Lackner Group, Inc. Form PA.1500 Schedule G (Rev. 6-98) Rev-1510 EX+ (6-98) *' SCHEDULE G INTER-VIVOS TRANSFERS & MISC. NON-PROBATE PROPERTY continued COMMONWEALTH OF PENNSYlVANIA INHERITANCE TAX RETURN RESIDENT DECEDENT Hoch, Lester S. FILE NUMBER 21-06-0108 ESTATE OF ITEM DESCRIPTION OF PROPERTY DATE OF DEATH % OF DECD'S EXCLUSION TAXABLE NUMBER INCLUDE NAME OF TRANSFEREE, THEIR RELATIONSHIP TO DECEDENT AND VALUE OF ASSET INTEREST (IF APPLICABLE) VALUE THE DATE OF TRANSFER. ATTACH A COPY OF THE DEED FOR REAL ESTATE. Accrued dividend on Item 6 through date of 114.00 114.00 death 7 959.485 shares of Northeast Investors Trust - 7.205.73 7.205.73 Date of Death Balance 8 Principal Cash - Date of Death Balance 17.700.68 17.700.68 Accrued income on Item 8 through date of death 17.16 17.16 TOTAL (Also enter on Line 7, Recapitulation) 360.579.65 Copyright (c) 2002 form software only The Lackner Group, Inc. Form PA-1500 Schedule G (Rev. 6-98) REV-1151 EX+ (12-99) *' SCHEDULE H FUNERAL EXPENSES & ADMINISTRATIVE COSTS COMMONWEALTH OF PENNSYLVANIA INHERITANCE TAX RETURN RESIDENT DECEDENT Hoch, Lester S. Debts of decedent must be reported on Schedule I. FILE NUMBER 21-06-0108 ESTATE OF ITEM NUMBER A. FUNERAL EXPENSES: DESCRIPTION AMOUNT See continuation schedule(s) attached 681.41 1. ADMINISTRATIVE COSTS: Personal Representative's Commissions B. M&T Bank & Trust Co. Social Security Number(s) / EIN Number of Personal Representative(s): Street Address PO Box 2961 City Harrisburg Year(s) Commission paid State PA Zip 17105 2,500.00 2. Attorney's Fees Landis & Black 1,000.00 3. Family Exemption: (If decedent's address is not the same as claimant's, attach explanation) Claimant Street Address City Relationship of Claimant to Decedent State Zip 4. Probate Fees Cumberland County Register of Wills 136.00 5. Accountant's Fees 6. Tax Return Preparer's Fees 7. Other Administrative Costs See continuation schedule(s) attached 879.03 TOTAL (Also enter on line 9, Recapitulation) 5,196.44 Copyright (c) 2002 form software only The Lackner Group, Inc. Form PA-1500 Schedule H (Rev. 6-98) Rev-1502 EX+ (6-98) *' SCHEDULE H.A FUNERAL EXPENSES continued COMMON\I\IEAl TH OF PENNSYLVANIA INHERITANCE TAX RETURN RESIDENT DECEDENT Hoch, Lester S. FILE NUMBER 21-06-0108 ESTATE OF ITEM NUMBER DESCRIPTION AMOUNT 1 Hoffman-Roth Funeral Home, Inc. - Funeral Expense 681.41 Subtotal 681.41 Copyright (c) 2002 form software only The Lackner Group, Inc. Form PA-1500 Schedule H-A (Rev. 6-98) Rev-1502 EX+ (6-98) *' SCHEDULE H-B7 OTHER ADMINISTRATIVE COSTS continued COMMONWEALTH OF PENNSYLVANIA INHERITANCE TAX RETURN RESIDENT DECEDENT Hoch, Lester S. FILE NUMBER 21-06-0108 ESTATE OF ITEM NUMBER DESCRIPTION AMOUNT 1 Dan Hershey Auctioneering Services - Commission on Sale of Household Effects 681.52 2 Landis & Black - Reimbursement for Legal Advertising in The Sentinel and Cumberland Law Journal 197.51 Subtotal 879.03 Copyright (c) 2002 form software only The Lackner Group, Inc. Form PA-1500 Schedule H-B7 (Rev. 6-98) Rev-1512 EX+ (6-98) w SCHEDULE I DEBTS OF DECEDENT, MORTGAGE LIABiliTIES, & liENS COMMONIJII1:ALTH OF PENNSYLVANIA INHERITANCE TAX RETURN RESIDENT DECEDENT Hoch, Lester S. FILE NUMBER 21-06-0108 ESTATE OF Include unrelmbursed medical expenses. ITEM VALUE AT DATE NUMBER DESCRIPTION OF DEATH 1 Chambersburg Hospital - Medical Expense 128.00 2 Graham Medical Clinic, P .C. - Medical Expense 52.03 3 Lancaster HMA Physician Mgmt Center Pen - Medical Expense 71.97 4 Manufacturers and Traders Trust Company - Trustee Fees to 1/9/06 35.93 5 Moffitt Heart & Vascular Group - Medical Expense 2.76 6 PA Department of Revenue - 2004 Individual Income Tax - Balance due on amended 540.00 tax return 7 PA Department of Revenue - 2005 Individual Income Tax - Balance due 414.00 8 Presbyterian Homes, Inc. - Nursing Home Expense 1.711.81 9 West Shore EMS - Medical Expense 187.59 TOTAL (Also enter on Line 10, Recapitulation) 3,144.09 (If more space is needed, additional pages of the same size) Copyright (c) 2002 form software only The Lackner Group, Inc. Form PA.1500 Schedule I (Rev. 6-98) FILE NUMBER 21-06-0108 SHARE OF ESTATE AMOUNT OF ESTATE (Words) ($$$) REV.1513 EX+ (9-DO) * SCHEDULE .. BENEFICIARIES COMMONWEALTH OF PENNSYLVANIA INHERITANCE TAX RETURN RESIDENT DECEDENT ESTATE OF NUMBER Hoch, Lester S. NAME AND ADDRESS OF PERSON(S) RECEIVING PROPERTY TAXABLE DISTRIBUTIONS [include outright spousal Clistributions,.( and transfers under Sec. ~116(a)(1.2)] RELATIONSHIP TO DECEDENT Do Not List Trusteels) I. Total Enter dollar amounts for distributions shown above on lines 5 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 B. CHARITABLE AND GOVERNMENTAL DISTRIBUTIONS See continuation schedule(s) attached TOTAL OF PART 11- ENTER TOTAL NON-TAXABLE DISTRIBUTIONS ON LINE 13 OF REV-1500 COVER SHEE Copyright (c) 2002 form software only The Lackner Group, Inc. 189,146.10 Form PA-1500 Schedule J (Rev. 6-98) 189,146.10 Rev-1502 EX+ (6-98) *' SCHEDULE .I.IIB CHARITABLE AND GOVERNMENTAL DISTRIBUTIONS continued COMMONWEALTH OF PENNSYLVANIA INHERITANCE TAX RETURN RESIDENT DECEDENT Hoch, Lester S. IFILE NUMBER 21-06-0108 ESTATE OF ITEM NUMBER 1 DESCRIPTION Dickinson United Presbyterian Church (Lester S. Hoch Memorial Fund) - Entire Residue AMOUNT 189.146.10 Subtotal 189.146.10 Copyright (c) 2002 form software only The Lackner Group, Inc. Form PA-1500 Schedule J-IIB (Rev. 6-98) REV-1514 EX+ (9-00) *' SCHEDULE K LIFE ESTATE, ANNUITY & TERM CERTAIN (Check Box 4 on Rev-1500 Cover Sheet) COMMONWEALTH OF PENNSYLVANIA INHERITANCE TAX RETURN RESIDENT DECEDENT ESTATE OF Hoch, Lester S. FILE NUMBER 21-06-0108 This schedule is to be used for all single life, joint or successive life estate and term certain calculations. For dates of death prior to 5-1-89, actuarial factors for single life calculations can be obtained from the Department of Revenue, Specialty Tax Unit. Actuarial factors can be found in IRS Publication 1457, Actuarial Values, Alpha Volume for dates of death on or after 5-1-89. Indicate the type of instrument which created the future interest below and attach a copy to the tax return. o Will 0 Intervivos Deed of Trust 0 Other NEAREST AGE AT TERM OF YEARS LIFE ESTATE IS LIFE TENANT(S) DATE OF BIRTH DATE OF DEATH PAYABLE o Life or o Term of Years o Life or o Term of Years o Life or o Term of Years o Life or o Term of Years 1. Value of fund from which life estate is payable $ 2. Actuarial factor per appropriate table Interest table rate - 031/2% 06>>10 010% 0 Variable RaE 3. Value of life estate (Line 1 multiplied by Line 2) $ 0.00 NEAREST AGE AT ANNUITANTS DATE OF BIRTH DATE OF DEATH PAYABLE Marcella Bartlett 09/08/1917 88 181 Life or o Term of Years o Life or o Term of Years o Life or o Term of Years o Life or o Term of Years NAME(S) OF TERM OF YEARS ANNUITY IS 1. Value of fund from which annuity is payable $ 393,238.18 2. Check appropriate block below and enter corresponding (number) 12.00 Frequency of payoutG WeekIy(52) o BiweekIy(26) ~ NIonIhIy (12) o Q.aterIy(4) o SenNrnIaIy(2) o ArnJaIy(1) o 0Iher 3. Amount of payout per period $ 4,050.00 4. Aggregate annual payment. Line 2 multiplied by Line 3 48,600.00 5. Annuity Factor (see instructions) Interest table rate - o 3112'10 06% 010% ~ Variable RaE 4.0990 6. Adjustment Factor (see instructions) $ 1.0245 7. Value of annuity - If using 3 1/2%,6%, 10% or if variable rate and period payout is at end of period, calculation is: Line 4 x Line 5 x Line 6 $ 204,092.08 If using variable rate and period payout is at beginning of period, calculation is: (Line 4 x Line 5 x Line 6) + Line 3 NOTE: The values of the funds which create the above future interests must be reported as part of the estate assets on Schedules A through G of this tax return. The resulting life or annuity interest(s) should be reported at the appropriate tax rate on Lines 13, 15, 16, 17 and 18. Copyright (c) 2002 form software only The Lackner Group, Inc. Form PA-1500 Schedule K (Rev. 6-98) REV-1647 EX+ (9-00) *' SCHEDULE M FUTURE INTEREST COMPROMISE (Check Box 4a on Rev-1500 Cover Sheet) COMMONWEALTH OF PENNSYLVANIA INHERITANCE TAX RETURN RESIDENT DECEDENT ESTATE OF Hoch, Lester S. This schedule is appropriate only for Estates of decedents dying after December 12,1982. This schedule is to be used for all future interests where the rate of tax which will be applicable when the future interest vests in possession and enjoyment cannot be established with certainty. Indicate below the type of instrument which created the future interest and attach a copy to the tax return o Will ~ Trust 0 Other FILE NUMBER 21-06-0108 I. Beneficiaries NAME OF BENEFICIARY RELATIONSHIP DATE OF BIRTH ~1O rEARESTBRTH:lAY 1. Marcella Bartlett None 09/08/1917 88 2. 3. 4. 5. II. For decedents dying on or after July 1, 1994, if a surviving spouse exercised or intends to exercise a right of withdrawal within 9 months of the decedent's death, check the appropriate block and attach a copy of the document in which the surviving spouse exercises such withdrawal right. o Unlimited right of withdrawal o Limited right of withdrawal III. Explanation of Compromise Offer: Item Second B of the Funded Revocable Trust Agreement dated September 4, 2002 between Lester S. Hoch and Allfirst Trust Company of Pennsylvania, N.A. provides "Additionally, Trustee shall pay to Presbyterian Homes, Inc., or its successor, the monthly invoice rendered to Marcella C. Bartlett; such invoice to include monthly fee for room, meal plan, health protection plan fees and reasonable telephone charges." The average monthly cost for room etc. at Green Ridge Village is $4,050 for Marcella Bartlett. IV. Summary of Compromise Offer: 1. Amount of Future Interest: 204,092.08 2. Value of Line 1 exempt from tax as amount passing to charities, etc. (also include as part of total shown on Line 13 of Cover Sheet) 3. Value of Line 1 passing to spouse at appropriate tax rate Check One 0 6% 03% 00% (also include as part of total shown on Line 15 of Cover Sheet) 4. Value of Line 1 taxable at lineal rate 06% 04.5% (also include as part of total shown on Line 16 of Cover Sheet) 5. Value of Line 1 taxable at sibling rate (12%) (also include as part of total shown on Line 17 of Cover Sheet) 6. Value of Line 1 taxable at collateral rate (15%) 204,092.08 (also include as part of total shown on Line 18 of Cover Sheet) 7. Total value of Future Interest (sum of Lines 2 thru 6 must equal Line 1) 204,092.08 Copyright (c) 2002 form software only The Lackner Group, Inc. Form PA-1500 Schedule M (Rev. 6-98) FUNDED REVOCABLE TRUST AGREEMENT '11f.~ This Trust Agreement, is made in duplicate this f., day of S-&P'n:_VVI "':)2;<:' 2002, between LESTER S. HOCH, of Green Village, 310 Big Spring Road, Newville, Pennsylvania 17241 ("Settlor") and ALLFIRST TRUST COMPANY OF PENNSYLVANIA, N.A., of213 Market Street, Harrisburg, Pennsylvania 17101-2127 ("Trustee"). Fundin2 of Trust FIRST: Settlor hereby transfers to Trustee the property set forth in Schedule A. Trustee shall hold the property, together with any other property that may be added to this Trust by Settlor or any other person, on the following terms. Lifetime Trust SECOND: A. During the life of Settlor, Trustee shall pay and distribute to him or to the agent or guardian of his estate any income and principal from the trust estate as he shall request in writing. Trustee in its absolute discretion may also apply the ~come and principal directly for the benefit of Settlor. B. Additionally, Trustee shall pay to Presbyterian Homes, Inc., or its successor, "- the monthly invoice rendered to Marcella C. Bartlett; such invoice to include monthly fee for room, meal plan, health protection plan fees and reasonable telephone charges. C. At the death of Settlor, Trustee shall continue to make payments as outlined above to Presbyterian Homes, Inc. until the death of Marcella C. Bartlett. D. At the death of the survivor of Settlor and Marcella C. Bartlett, Trustee shall pay the balance of principal and any accumulated income to the Dickinson United Presbyterian Church and be known as the "Lester S. Hoch Memorial Fund". E. If such fund exceeds Two Hundred Thousand ($200,000.00) Dollars net of adrninistration expenses, costs an.d fees, Trustee shall pay and said Church shall receive the income only therefrom paid by Trustee on a yearly basis as of December 3 1, of any given year. If such fund does not exceed Two Hundred Thousand ($200,000.00) Dollars, Trustee shall pay the entire balance to the Church aforesaid outright. Powers of Trustee THIRD: During the continuance of any Trust created hereunder; my Trustee shall possess, among others, the following powers to be exercised for the best interests of the beneficiaries; subject, however, insofar as the Trust Agreement is concerned, to the restrictions set forth below: (A) To retain any investments I may have at my death so long as Trustee may deem it advisable to my or trust so to do. (B) To vary investments, when deemed desirable by my Trustee, and to invest in such bonds, stocks, notes, real estate mortgages or other securities or in such other real or personal property as my Trustee shall deem wise, without being restricted to so called "legal investments". (C) In order to effect a division of the principal of my trust or for any other purpose, including any final distribution of my trust, my Trustee is authorized to make said divisions or distributions of the personalty and realty partly or wholly in kind. If such division or distribution is made in kind, said assets shall be divided or distributed at their respective values on the date or dates of their division or distribution. In making any division or distribution in kind, my Trustee shall divide or distribute said assets in a manner which will fairly allocate any unrealized appreciation among the beneficiaries. (D) To sell either at public or private sale and upon such terms and conditions as my Trustee may deem advantageous to my trust, any or all real or personal estate or interest therein owned by my trust severally or in conjunction with other persons or acquired after my death by my Trustee, and to consummate said sale or sales by sufficient deeds or other instrument to the purchaser or purchasers, conveying a fee simple title, free and clear of all trust and without obligation or liability of the purchaser or purchasers to see to the application of the purchase money or to make inquiry into the validity of said sale or sales; also, to make, execute, acknowledge and deliver any and all deeds, assignments, options or other writings which may be necessary or desirable in carrying out any of the powers conferred upon my Trustee in -this paragraph or elsewhere in this Trust. (E) To mortgage real estate and to make leases of real estate for any term. (F) To borrow money from any party, including my Trustee, to pay indebtedness of mine or of my estate or trust, expenses of administration, Death Taxes or other taxes. (G) To pay all costs, Death Taxes or other taxes, expenses and charges in connection with the administration of my estate or trust, and my Trustee shall pay the expenses of my last illness and fimeral expenses. (H) To \Tote. an;"' shares of stock: lJ}mch fiJr:n a part {)f m~~ tru.st and t!:" :.)tlleI\:llise e);':erc.ise Ri!!ht to Revoke or Amend Trust Reserved FOURTH: Settlor and Settlor's agent reserve the right to revoke or amend this Trust Agreement in whole or in part at any time and from time to time by written instrument delivered to Trustee in the lifetime of Settlor. The duties, powers and liabilities of Trustee shall not be changed without its written consent. Termination of Small or Impractical Trusts FlFTH: Whenever Trustee, in its absolute discretion, determines that the size of any share held in trust under this Agreement does not warrant continuing the same in trust, or its administration would be impractical for any reason, Trustee without further responsibility may pay such share to Settlor or, if Settlor, in the opinion of Trustee, is disabled by advanced age, illness, or other condition, Trustee may pay such share to the person in charge of Settlor or to Settlor's agent or guardian. Waiver of Bond SIXTH: No fiduciary serving hereunder shall be required to furnish bond in any jurisdiction, and if any bond is necessary, no surety shall be required. Compensation of Coroorate Trustee SEVENTH: The compensation of corporate Tlustee for its services as Trustee shall be in accordance with its standard charges for such trust services in effect from time to time during which such services are performed. The Trustee shall also be entitled to reasonable additional compensation from principal for invoices other than those related to normal trust administration. Pennsylvania Law Governs EIGHTH: Questions pertaining to the validity, construction, and administration of this Trust shall be determined in accordance with the laws of the Commonwealth of Pennsylvania. Interchani!eabilitv of Lani!uage NINTH: Words used in the singular may be read to include the plural and the plural may be read as the singular. Similarly, the masculine form may be read to include the feminine and neuter; the feminine may be read to include the masculine and neuter; and the neuter may be read to include the masculine and feminine all the powers incident to the ownership of such stock and to actively manage and operate any unincorporated business, including any joint ventures and partnerships, with all the rights and powers of any owner thereof (1) In the discretion of my Trustee, to unite with other owners of similar property in carrying out any plans for the reorganization of any corporation or company whose securities form a part of my trust. (1) To assign to and hold in my trust an undivided portion of any asset. (K) To hold investments in the name ofa nominee. (L) To compromise controversies. (M) To carry on any business owned by me at my death, whether or not in corporate form, including the power to delegate the management and operation of the business and the power to sell or liquidate the business at such time and upon such terms as it deems advisable. (N) To invest and reinvest income and principal in securities of, or other interests in, a no- load, open end management type investment company, or investment trust registered under the provisions of the federal Investment Company Act of 1940 that does not impose a contingent deferred sales charge or distribl1:tion charge on that investment, and the Trustee shall have such power even if a corporate Tlustee serving hereunder or an affiliate of such corporate Trustee provides services as investment advisor or manager, sponsor, distributor, custodian, transfer agent, registrar, or similar related services to the investment company or investment trust and receives reasonable compensation for those services. This investment power shall be in addition to, and not in limitation of, other investment powers granted to the Trustee hereunder. None of the trusts herein created shall be administered under ttle direction or jurisdiction of any court. If any trust hereunder nonetheless is subject to the jurisdiction of any court, such jurisdiction shall extend only to the particular matter considered, and shall terminate on conclusion of the proceeding. Any Trustee may resign at any time. Such resignation shall be effective on thirty (30) days written notice delivered or mailed to any remaining Trustee and the current adult income and principal beneficiaries, and where the resigning Trustee is the sole Trustee, the appointment and acceptance of a. successor Trustee. Headings TENTH: The headings used on the various paragraphs of this Trust Agreement are included for convenience only and shall have no legal significance. The parties have signed this Agreement on the day and year first above written. Signed, sealed and delivered in the presence of: /J ~ (-) (3 . .. f; '1.' r.. " /'AI....'I/ ';o-y ~ . [,.. V f-t'V' f . .-A.-t'-t/~ \,..,. ~~ .X:}Io-.----t/ Lester S. Boch Attest: AIIFirst Trust Company of Pennsylvania, N.A. du...e /J1 0;..t.1 ~ ~ s -;,' r , \:~~I:~ f:~0:~~:\~rrt t~:J Tr;l~~ ~~l :~.~ ~~~~7 Commonwealth of Pennsylvania ) SS. County of Cumberland ) . ,f]t on~s, the ---f day of' &-tprr;r:H-'JEt(, ,2'602-. before me, 0 MI-2', {........ (3t.r~G/<f. . the underSIgned officer, personally appeared Lester S. Hoch known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that he executed it for the purposes stated in it. I have signed this and affixed my seal. /'-; f .' ~ ; .' " r. /. l "ife"' --T../1. /.1 t $Z, ;: , I, (! l ... t' !. t ''J..; .... f i \ I ""U!i -'-' l .'/ ~ ""'t../ '- Notary Public My commission expires: Notarial Seal .. R~n R. Bleck, Not2r)r Public .' .....~hsle Boro. Cumberland COI1nt\ ~ 1\4y ~onC"nissiGn Expires Sept. ~ C. 2(.105 Commonwealth of Pennsylvania ) SS. County of Dauphin ) ~n this, the 13 ,~ day of,Juf:J,t~/n?b"(,,- i :zOO 1-. . before me, LJ.LL~.}.. d~ )/1.1 ~........ , the undersigned officer, personally appeared ..:~k~-i-1. /'1'"1 (--6. . "n"LaL~ , who acknowledged (himself or herself) to (/. '" r, v be V_L{-J r.o .I:J'J.L {,1J.n*: of AllFirst Trust Company of Pennsylvania, N.A., a corporation, and that (he or she) as such v:~ "..cJi.. f~,.., _( ./)1 .e.~/n.x. being authorized to do so, executed the foregoing instrument for the purposes stated in it by signing the . '. 0 '. name of the corporation by (himself or herself) as VLU r (19 ,-6-t.dJ f?7 t" I have signed this and affixed my seal. pAJ.U:{/Y.../J---e( d?' }1/~ Notary Public My commission expires: Notarial Seal Deanna L. Wells, Notary Public HaFrisbUrg. Dauphin County My Commission Expires Dec. 6. 2004 MefT1t)er. PennsylV8nla Association ot Notaries . . SCHEDULE "A" lTEWZATION OF TRUST PROPERTY $25,347.91 ARK Money Market Portfolio 14,869.613 shs ARK Funds Income Portfolio 31,664.414 shs ARK Funds Intermediate Fixed Income Portfolio 2,512.563 shs ARK Funds Short Term Bond Portfolio LAST W~L AND TESTAMENT OF LESTER S. HOCH I, LESTER S. HOCH, of West Pennsboro Township, Cumberland County, Pennsylvania, declare this to be my Last Will, hereby revoking all prior wills and codicils. FUNERAL EXPENSES FIRST: I direct the payment of my funeral expenses, including my gravemarker, as soon as may be convenient after my death. PAYMENT OF DEATH TAXES SECOND: I direct that all taxes that may be assessed in consequence of my death, of whatever nature and by whatever jurisdiction imposed, shall be paid from my residuary estate as a part of the expense of administration of my estate. DISTRIBUTION OF RESIDUE THIRD: I give the rest of my estate to AllFirst TIUst Company of Pennsylvania, N.A., to be added to and thereafter treated as a part of a certain Revocable Trust heretofore this date created by me, of which AllFirst Trust Company of Pennsylvania, N.A. is Trustee, to have and to hold, in trust, for the uses and purposes and subject to the terms and provisions thereof, including any alterations or amendments thereto, and any other inter vivos Revocable Trust which may hereafter be substituted therefore. POWERS OF EXECUTOR FOURTH: I confer upon my executor the right to sell or otherwise convert any real or personal property at public or private sale, at such time or times, in such manner, and for such price or prices, and on such terms and conditions as my executor shall determine, and to execute and deliver good and sufficient conveyances, assignments and transfers of the property, without liability of any purchaser for the application of any consideration; to borrow money and to secure its payment by mortgage of real or personal property, pledge of investments, or otherwise, without liability on the part of the lenders to see to the application thereof; to retain any investments at discretion; to invest and reinvest at discretion, without restriction to so-called "legal investments"; to make distribution in cash or in kind:, to allo':,2:Te and distribute differ~nt ,2~~t3~ initials kinds or disproportionate Sf1a).-e::, of property or undivided interests in property among beneficiaries, in cash or in kind" or partly in each; and to do all other acts and things necessary or appropriate in the management, administration and distribution of my estate. APPOINTMENT OF EXECUTOR FIFTH: I appoint AllFirst Trust Company of Pennsylvania, N.A., Executor of my will. WAIVER OF BOND SIXTH: I direct that no fiduciary hereunder shall be requir~d to furnish bond in any jurisdiction, and if any bond is necessary, no surety shall be required. INTERCHANGEABaITY OF LANGUAGE SEVENTH: Words used in the singular may ~e read to include the plural or the plural may be read as the singular. Similarly, the masculine form may be read to include the feminine and neuter; the feminine may be read to include the masculine and neuter; and the neuter may be read to include the masculine and feminine. HEADINGS EIGHTH: The headings used on the various paragraphs of this will are included for convenience only and shall have no legal significance. tf'Vt- day of SEPrf:P,I0f(Z I have signed this will this , 2002. :4~ --1, ~? Lester S. Hoch ~(Zf3?Uh/L Witness A. /1 I ~, to L )1-7 til.,-Ci..{.Je/ Witness -- .----~'--------:..--..,-...:.-.~,.c~: ACKNO\VLEDGMENT and AFFIDA vir COl\1IvfONWEAL TH OF PENNSYL V ANIA ) SS. COUNTY OF CUMBERLAND ) We, Lester S. Hoell, the Testator in and the undersigned witnesses to the will, the attached or foregoing instrument, who have signed the instrument, having been qualified according to law do depose and say: (a) that I, the Testator, do hereby acknowledge that I signed the instrument as my will, that I signed it willingly and as my free and voluntary act for the purposes therein expressed; and (b) that we, the witnesses, were present and saw the Testator sign and execute the instrument as his will, that hel signed it willingly and executed it as his free and voluntary act for the purposes therein expressed; that each of us in the hearing and sight of the Testator signed the will as a witness and that to the best of our knowledge the Testator was at that time eighteen or more years of age, of sound mind and under no constraint or undue influence. ~ ,-L- -J) JI.o " '') 'f ..., / ... ~)~~, ~ . ~4 Lester S. Hocll, Testator ~rt~~ wrtness ~JJ In ~b. Witness ,.-' \ ~L..J Notary Public Notarial Seal Susan K. Guyer, Notary Public Cartisle Bore, Cumberlarid COUntY My Commission EY.plres Sept 4, 2003 Member, Penns-!Ivanla ".s~ociation at Notaries