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HomeMy WebLinkAbout11-07-06 --.J 1505b04104b REV-1500 EX (05-04) PA Department of Revenue '*' Bureau of Individual Taxes . Dept. 280601 Harrisburg, PA 17128-0601 ENTER DECEDENT INFORMATION .BELOW Social Security Number Date of Death INHERITANCE TAX RETURN RESIDENT DECEDENT OFFICIAL USE ONLY County Code Year File Number Date of Birth Decedent's Last Name Suffix Decedent's First Name MI (If Applicable) Enter Surviving Spouse's Information Below Spouse's Last Name Suffix Spouse's First Name MI Spouse's Social Security Number THIS RETURN MUST BE FILED IN DUPLICATE WITH THE REGISTER OF WILLS FILL IN APPROPRIATE OVALS BELOW _ 1. Original Return c::::) 2. Supplemental Return c::::) 3. Remainder Return (date of death prior to 12-13-82) 5. Federal Estate Tax Return Required c::::) c::::) 4a. Future Interest Compromise (date of death after 12-12-82) c::;:) 7. Decedent Maintained a Living Trust . k 8. Total Number of Safe Deposit Boxes (Attach Copy of Trust) c::::) 10. Spousal Poverty Credit (date of death c::::) 11. Election to tax under Sec. 9113(A) between 12-31-91 and 1-1-95) (Attach Sch. 0) CORRESPONDENT - THIS SECTION MUST BE COMPLETED. ALL CORRESPONDENCE AND CONFIDENTIAL TAX INFORMATION SHOULD BE DIRECTED TO: Name Daytime Telephone Number 6. Decedent Died Testate (Attach Copy of Will) 9. Litigation Proceeds Received 4. Limited Estate c::::) - c::::) Firm Name (If Applicable) \D Correspondent's e-mail address: b ttk-eL -?la:n Clf -n'LiJ<:e '@ hAPT ~ L . CO"'WL Under penalties of pe~ury, I declare that I have examined this retum, including accompanying schedules and statements, and to the bast 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. DATE SIGNATURE OF PERSON RESPONSIBLE FOR FILING RETURN ~ ~W, ADDRESS . _'1 SIc.{ /nJfd>o t2..I:> Cttrn P Ii ,'L L SIGNATURE OF PREPARER OTHER THAN REPRESENTATIVE P.A- 17~, , NfJ(/"" f4 DATE 2c/21t, ADDRESS PLEASE USE ORIGINAL FORM ONLY Side 1 L 15056041046 15056041046 --.J CO --.J REV-1500 EX Decedent's Name: RECAPITULATION '15056042047 1. Real estate (Schedl.ile A). .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 1. 12. 3. 4. 15. t 6. 7. 8. ,/ 9. 10. 11. .I 12. 13. Stocks and Bonds (Schedule B) . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 2. Closely Held Corporation, Partnership or Sole-Proprietorship (Schedule C) . . . .. 3. Mortgages & Notes Receivable (Schedule D) . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 4. Cash, Bank Deposits & Miscellaneous Personal Property (Schedule E) . . . . . . .. 5. Jointly Owned Property (Schedule F) 0 Separate Billing Requested . . . . . .. 6. Inter-Vivos Transfers & Miscellaneous Noh-Probate Property (Schedule G) 0 Separate Billing Requested.. . . . . .. 7. Total Gross Assets (total Lines 1-7). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 8. Funeral Expenses & Administrative Costs (Schedule H). . . . . . . . . . . . . . . . . . . .. 9. Debts of Decedent, Mortgage Liabilities, & Liens (Schedule I) . . . . . . . . . . . . . . . . 10. Total Deductions (total Lines 9 & 10).. ... ... .... ..... .... .. .. .. . ... ... . 11. Net Value of Estate (Line 8 minus Line 11) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12. Charitable and Governmental Bequests/See 9113 Trusts for which an election to tax has not been made (Schedule J) . . . . . . . . . . . . . . . . . . . . . . , . 13. ,/ 14. Net Value Subject to Tax (Line 12 minus Line 13) . . . . . . . . . . . . . . . . . . . . . . . . 14. TAX COMPUTJ\l"1ON . SEE INSTRUCTIONS FOR APPLICABLE RATES 15. Amount of Line 14 taxable at the spousal tax rate, or transfers under Sec. 9116 (a)(1.2) X.O 0 16. Amount of Line 14 taxable at lineal rate X.O_ 17. Amount of Line 14 taxable at sibling rate X .12 18. Amount of Line 14 taxable at collateral rate X .15 19. TAX DUE. . . . . . . . . . . . . . . . . . . . . . . . . ; . . . . . _ . . . . . . . . .'. . . . . . . . . . . . . . ., 19. 15. 16. 17. 18. 20. 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JO asn a41 U!elaJ 'e saA :pue Ja!SueJI e a)jew luapooap Pia . ~ S}t~01S 31 \f1~dO~dd\f 3H1 NIIIXII N\f 9NI~\f1d AS SNOl1S3nO 9NIM0110:l 3H1 ~3MSN\f 3S\f31d o Q }J () i,l dlZ lN39t' 'Sll/M :/0 H31S/93H :01 91qelfed >t~9l/0 9>teW (8S) (VS) (S) '3no 3:lNYlV8 a41 S! S!41 'vs + S aU!1 !O lejOI a41 Jalu3 '8 'anp Xej a41 uo ISaJaIU! a41 Jalu3 'v '3no XV1 a41 S! S!41 'oouaJaJ/IP a41 JalUa 'G aU!l ue41 JaleaJ6 S! € aU!l + ~ aU!l !I 's (v) 'punJeJ e ISenbeJ 01 OZ eun 'z eBed uo leAo U! 1I!.:1 '1N3WAVdH3^O a41 S! S!41 'a:>uaJaJ/!p a41 JalUa t aU!l + ~ aU!l ue41 JaleaJ6 S! G aU!l!1 'v (€) ( 3 + a ) .\Jleuad/lSaJaIUllej01 .\J/euad '3 ISaJalul 'a alqe:>!ldde !! .\JleUad/lSaJaIUI '€ (G) ( ~ + 8 + V) SI!paJ~ lej01 IUnO:>S!a .~ sluawAed JO!Jd '8 l!paJ~ .\jJaAod lesnods 'V SluawAed/SI!paJ~ 'G (e~ aU!l G a6ed) ana xe1 . ~ :s~!paJ:> pue s~uaw,{ed xe.L (~) -tJ(} 31'V1S J8qwnN 811:1 All:::> J -V J ~~ sS3~aav 133~lS 1 ~ Q. n tL. :1 ~tH.~'? ~ W- 3l^NN S,lN3a3:::>3a :ssaJpPV a~aldwo:> s,~uapa:)aa E aBed X3 OO~H-^3~ --,..- . COMMONWEALTH OF PENNSYLVANIA INHERITANCE TAX RETURN RESIDENT DECEDENT ESTATE OF N\. _ L I 'l t c..n.o--el SCHEDULE B STOCKS & BONDS 13u.beL FILE NUMBER ITEM NUMBER 1, ~. ~. ~. All property jointly-owned with right of survivorship must be disclosed on Schedule F. 4. DESCRIPTION P, Mea MuM "J.:NCow.e FUN'b II CoM C PML) 2 'I ~ ? "5 lutf1'e5 ,f) IS. ~ =3 F raut:(,,~ ~CCMU. F"utACl claSS: c (t=- c.:r SxJ 1i-f/JOS.1l8 ~Ua<<.q; ~ 2,54" rr<.autw- A-G € H~ c.lasS C 18) II<<S. 'lL.{ ~UQtuS 0 2.67 La.fA.Ca s1"-erz CN l- Y P A- '1. 'frflk, " ,~{ .. I Cf 15/ E- 5/ L{ 040 'SPa 5cmdro-n pa Rfl::XO - Sf Ro 8101l5Q AZ"'O '-(,$% q.. ,'c. q-t- 2;9 Co'€~rtt \ U~'IC Co COM {. (;'E ') Q 1I ~ 'Su.a l((, tV "'3 ~."5 0 ~i21ll)'l) C () L4 U( uu ~ ca.::t) C/kS. C (!) W C V Z) ;;D t.f B S~~S @ "37. 13 fR. 1. A l \ Clfo(t) UL 6 u.(Q iuS :Jouu. R,c~av&~, kud ~ Lf ~t"a> tar) Httwi5 fou '1 ,of)- faJe I "~I VALUE AT DATE OF DEATH '"31} Z. q~ 3~ e>'88 3 8 (J lf3 bU, ~f3 ZO,2c0 'J41 )~r 1 (p (!J'f2- 3 4 5 J I Lj::, Su.b~~ ~ "a..~ 'Z. J..{ to ') J 0 ~ 1 TOTAL (Also enter on line 2, Recapitulation) $ 8 {~ . ~ '3;t (If more space IS needed, msert additional sheets of the same size) ~(f9 .g(ocJIS <t- /Odll\fb? F~~~ N\\C-U.o.~ '6\J-~ ~ ijkcJ f~ "F~u.d lCCfl-lY g. a lM~r' ~ :1 'S"iI sW1t1tb b.) ~ t 'IIlY y.. ". (JuJV' uv*U\O\ bo1allC4A F=1.l,UA ~~~I \ ,,!It. '38 -sl;.JItu.P [;) 11t.1# ~ 10' 'Sdl\lf> J'etd~ r:-::uI\.;;;if\~ (P&.'i1'1 l '2.. n' ';.)0 -.- 12 of,..\ a. ~ ~ I t '?1D& 'f'tz.::rt)<: I \ . ~. a>V>€.- d a rl (, . ,() '5 W1 ItA':> 0 1"5. 'ii' 8 ., ~I I .{'.oe1t 1'~S)( 1.. /." (L<f'<'le fl" u-- f v.ro~e.6A ? \. ,. :;l G'l q :2- t "':> V.l~.1J.f, ~ {"f. C(3 ---c: ~ ~ ~r" a 'Sl)Jtttt Cctr.> lk(tW p~~~ I ~.' "{8 L.\ .t!l1 :)J.~ at> t(j) 3Q,'l? ~ \2lJ';1).L .,pr<. Q. N-W> ~()Il.Q- pe c:r:.'f- \ -\ .' ~ 1/.{l? '3 S 5'\;.1P.1i:> g ~.4 'S L O^.I ~ /If l)A~1 cPL- 5LlttvP C ~S\ \ -:, . ~ ()\'W' V"- (: 5/.. -A -SK ) ? ?.g~, tfq s 'wtIWSt;;) 'i'3.o{,. ~o.~~W / f.p ,) q(} l '}) c,5t 1/),'811 14)62(, '1') L.(?>q I q z.. 32- I '"2.. 4 I 3 81 1l.f?1 5~q ~ (pI") () ~-~.,,~ *' COMMONWEALTH OF PENNSYLVANIA INHERITANCE TAX RETURN RESIDENT DECEDENT SCHEDULE E CASH, BANK DEPOSITS, & MISC. PERSONAL PROPERTY ESTATEOFNl&~,~d t5uW FILE NUMBER Indude the proceeds of litigation and the date the proceeds were received by the estate. All property jolntly-owned with the right of survivorship must be disclosed on Schedule F. ITEM VALUE AT DATE NUMBER DESCRIPTION OF DEATH 1. oz.. 3. t1. s. {po ~ \ qq L ~ (f 'f~ C~M~ci I -fa. (r C Ov\.4.J 7). t>>1 I ere:{ 8 ---rt;(t" 1A- La.lLlr(fl ~~ d c OI1el ; 1>' 0Yl dtrt~~ 13 C9a> rs \M 0\'\9f{ ~W- ~lLflj/ - 7: iLWJe.- P Y' I ct.. Br"a:> ~ p,,~ ~e... I(.e SerlJ.L Fl.l fU:) ~12f\ .. W1ct b1 T:. f2~ VJ~} CL ~~~ j) jQnu<; G"(MJ~~ ~C(}(fU.; HU ('J"" Pr~IY ) 3B fI.<f1 5ltQ~6 ~ 3',. "'f G) Ja.,.ltS G ( Ir'f'< c, .:(u.itd (:r t70l.}C J /l4.cS 5ktl't6~ 3<,2r t 2.. ~ - <. 5~ /{!)(!)c So 3 ~ Cf7 / '-1 17~ 3~'8'( TOTAL (Also enter on line 5, Recapitulation) $ cQ 5 q s tf (If more space is needed, insert additional sheets of the same size) ~'~.."". COMMONWEALTH OF PENNSYcVANIA INHERITANCE TAX RETURN ESIDENT DECEDENT SCHEDULE F JOINTL Y.OWNED PROPERTY ESTATE OFM _ r. _ I , n c-\f\.G.l o.e ( -'8\.tbeR FILE NUMBER If an asset was made joint within one year of the decedenfs date of death, It must be reportecl on Schedule G. SURVIVING JOINT TENANT(S) NAME ADDRESS RELATIONSHIP TO DECEDENT A. 1~A-NtL( tsu.loei '3 CS ''1 Ji1A-l2mo C A--MP H,. U. 1<-h P,4- I?() {/ S P tD LiS -e... B. c. JOINTLY -OWNED PROPERTY: LETTER DATE DESCRIPTION OF PROPERTY %OF DATE OF DEATH ITEM FOR JOINT MADE Include name of financial institution and bank account number or similar identifying number. Attach DATE OF DEATH DECO'S VALUE OF NUMBER TENANT JOINT deed for jointiy-held real estate. VALUE OF ASSET INTEREST DECEDENT'S INTEREST 1. A. ~() 17 g. p", ~ Pl'\~ tA.(,~ Q:e5erut .f=U.<u:t Z 3 '4 So 11"5 ? W. ~ A-. I '1 1ltA...J.., ~ 'P~ m" ~ G '11.75t So 41? ~?r ~, U s \~S'%d. 6D.cu"LI1 +=e."b;t-o~ fr. l,...r-.\ Ml'G (D P E;) OS.. '2. S ~ ~~/~ &.{, ,G{ ~ c... \). lM~ +;"..~r I (7../~ '?O IT 2.cn>3 c..~ UtA t\\., t;> ~,,, S' c/)c $"3(flJ-O -:;.. C~Pl 'ktl OV\J- Ltt~ t.Utl~tu-~cet" I "ft tft'-b '50 ~. Pr. Z~O 5o~B7A 8a.u.tt. c..~Ca~ aa::t 3~~o SO 1~(!)O 1. ft. l<t'fl C <Dl.(Acu.\QN-u- t!>a.rtIl c- ~c.Ct.l~ fled u,Lf~o 'So ;3 2. d'O Sj. A-. , ~c:rz. ::r a ~u.S r'r\~ u.<<t"fa.)- ~ 1I1(!)~O So S(p(/'{) TOTAL,(Also enter on line 6. Recapitulation) $ I" q ~ 3 ~ (If more space is needed, insert additional sheets of the same size) REV-1510 EX + (1-97) . COMMONWEALTH OF PENNSYLVANIA INHERITANCE TAX RETURN RESIDENT DECEDENT ESTATEOF I^A _). _ { i::> V VlI Vt.ta)O , vLtb:e.fJ SCHEDULE G INTER.VIVOS TRANSFERS & MISC. NON.PROBA TE PROPERTY FILE NUMBER This schedule must be completed and filed if the answer to any of questions 1 through 4 on the reverse side of the REV-1500 COVER SHEET is yes. DESCRIPTION OF PROPERTY %OF ITEM INClUDE THE NAME OF THE TRANSFEREE. THEIR RElATIONSHIP TO DECEDENT AND THE DATE OF TRANSFER. DATE OF DEATH DECO'S EXCLUSION TAXABLE VALUE ATTACH A COPY OF THE DEED FOR REAl ESTATE. VALUE OF ASSET INTEREST IF APPLICABLE \ NUMBER 1. 1\ LU~ c...~ ~ l.(. '2..J"' 170 51} 183 ~rS' ... l"~ 3 ~~ So W~~S C IJ.Q. di::t UwUfJ TOTAL (Also enteron line 7, Recapitulation) $ 51 ) I 8..3 (If more space is needed, insert additional sheets of the same size) f REV-1511 EX+ (12-99) . . '~~Q ~ COMMONWEALTH OF PENNSYLVANIA INHERITANCE TAX RETURN RESIDENT DECEDENT SCHEDULE H FUNERAL EXPENSES & ADMINISTRATIVE COSTS ESTATEJU'iV\ta.'€.( 13ltbJ FILE NUMBER Debts of decedent must be reported on Schedule I. ITEM NUMBER DESCRIPTION AMOUNT A. FUNERAL EXPENSES: 1. ~0Yl "'300 2. ~~~ i-\oUAe q(!)O -=3. PC"'tO~S ~oo L1. 414) <.uo u.S /~o :So 1-\d.t'p\ ~ ,- .:1. 00 ~. kU.\tcM ~r q~" sH> ? H.~- S~ ---ltI ~ .&ltV'~ oSllf'lt j CL 9 00 B. a. ADMINISTRATIVE COSTS: > 'Uj q f'tf CU {c.V' tt~S 1(> () 1. Personal Representative's Commissions SO Name of Personal Representative(s) Social Security Number(s)/EIN Number of Personal Representative(s) Street Address City State _Zip Year(s) Commission Paid: 2. Attomey Fees 3. 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 4. Probate Fees 3/0 5. Accountant's Fees 6. Tax Return Preparer's Fees 7. TOTAL (Also enter on line 9, Recapitulation) $ 31 '-to (If more space is needed, insert additional sheets of the same size) R~V-1513 E~+ (9-oo*, COMMONWEALTH OF PENNSYLVANIA INHERITANCE TAX RETURN RESIDENT DECEDENT SCHEDULE J BENEFICIARIES ESTATE OF N1 t cMa'e("'8u ~I FILE NUMBER NUMBER NAME AND ADDRESS OF PERSON(S) RECEIVING PROPERTY I TAXABLE DISTRIBUTIONS [include outright spousal distributions, and transfers under Sec. 9116 (a) (1.2)] RELATIONSHIP TO DECEDENT Do Not List Trustee(s) 1 Nf+W Cj lV. 'BU.13E L-, 3 S I tf (Y1 A-f2. Co 0 ~ 1:::> CA-MP H/CL j)~ J '7 ~ l I "5 P (!) uSe T~ ICtdL: 0'1 AMOUNT OR SHARE OF ESTATE ( (!)O ~ ENTER DOLLAR AMOUNTS FOR DISTRIBUTIONS SHOWN ABOVE ON LINES 15 THROUGH 18, AS APPROPRIATE, ON REV-1500 COVER SHEET NON.TAXABLE DISTRIBUTIONS: A. SPOUSAL DISTRIBUTIONS UNDER SECTION 9113 FOR WHICH AN ELECTION TO TAX IS NOT BEING MADE ~ll A-~5e'f-c:., "To Spa>use', NI}NCV w. 15uloeL n 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) --r~ .-- REGISTER OF WILLS CUMBERLAND County, Pennsylvania CERTIFICATE OF GRANT OF LETTERS No. 2006-00907 Es ta te Of: MICHAEL BUBEL PA No. 21-06-0907 (First, Middle, Last) Late Of: HAMPDEN TOWNSHIP CUMBERLAND COUNTY Deceased Social Securi ty No: 164-30-1491 WHEREAS, on the 16th day of October 2006 an instrument dated July 26th 2000 was admitted to probate as the last will of MICHAEL BUBEL (First, Middla, Last) la te of HAMPDEN TOWNSHIP, CUMBERLAND County, who died on the 30th day of September 2006 an WHEREAS, a true copy of the will as probated is annexed hereto. THEREFORE, I, GLENDA FARNER STRASBAUGH , Register of Wills in and for CUMBERLAND County, in the Commonwealth of Pennsylvania, hereby certify that I have this day granted Letters TESTAMENTARY to: NANCY WILKES BUBEL who has duly qualified as EXECUTOR(RIX) and has agreed to administer the estate according to law, all of which fully appears of record in my office at CUMBERLAND COUNTY COURT HOUSE, CARLISLE, PENNSYL VANIA. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seal of my office on the 16th day of October 2006. '-PPA ~ ~y * * N07'R* * ALL NAMES ABOVE APPEAR (FIRST, MIDDLE, LAST) LAST WILL AND TESTAMENT OF Michael Bubel I, Michael Bubel, of Camp Hill, Pennsylvania, revoke all wills and codicils previously made by me, and declare this to be my last Will. In the administration of my estate it is my wish that those responsible for managing my estate and resolving problems be guided by the principles of harmony, simplicity, and common sense. ARTICLE 1. FAMILY Identification of Spouse 1.01. I am married to Nancy Bubel, referred to in this Will as "my Spouse." Identification of Children 1.02. I have two children who are now living whose names are Gregory Mark Bubel and Mary Grace Boerio. I have no deceased children. All references in this Will to "my Children" include not only the above-named children, but also any child hereafter born to or adopted by me. ARTICLE 2. BEQUESTS AND DEVISES ';;:. Personal Effects 2.01. All of my personal effects, jewelry, clothing, household furniture and furnishings, books, personal automobiles, boats, and other such tangible personal property owned by me at the time of my death, together with any insurance policies on the property, I give to my beloved Spouse if my spouse survives me. If my spouse does not survive me, I give the property to my beloved children who survive me, to be divided among them in any manner to which they agree. If my Spouse does not survive me and none of my beloved children survive me, this bequest shall fail, and the property shall pass as part of the residue of my estate. ARTICLE 3. RESIDUE--PRIOR DEATH OF SPOUSE Disposition in Trust 3.01. If my Spouse does not survive me, then all of the rest of the assets that I may own at the time of my death (including any property over which I may have a power of -1- (yYl . '0 . 4 app61ntrnenl, I gIve fo {he Trustee namea ,'" tnls Will, f61Se ttef~ ~l'an ~ma Residuary Trust as provided in Articles 4 through 7 of this Will. ARTICLE 4. RESIDUE--SURVIVAL OF SPOUSE , .Illil,.~~_..';"'..,."...,.___..,...,. Disposition of Residue 4.01. If my Spouse survives me, all the rest of the assets that I may own at the time of my death (including any property over which I may have a power of appointment) shall be divided between my Spouse and the trust described below and referred to in this Will as the "Residuary Trust." Marital Bequest to Spouse 4.02. I give outright to my Spouse assets from my estate equal in value to an amount which, when added to the final estate tax values of all other property interests includable in my gross estate for federal estate tax purposes which pass or have passed to my Spouse under other provisions of this Will or otherwise and qualify for the marital deduction, will entitle my estate to the minimum federal estate tax marital deduction necessary to reduce my taxable estate to an amount on which no federal estate tax is due and the federal unified credit available to my estate is fully utilized. Selection and Valuation of Assets 4.03. The marital bequest amount shall be satisfied in cash or in kind, or partly in each, with assets selected by my Executor from those that are includable in my gross estate and that qualify for the marital deduction for federal estate tax purposes. The assets so allocated in kind shall be considered to satisfy the marital bequest amount on the basis of their value at the date or dates of distribution to my spouse. Assets Excluded 4.04. My Executor is directed not to allocate to my spouse any assets with respect to which the federal foreign death tax credit is available to my estate or any shares of stock that would otherwise qualify for redemption under Section 303 of the Internal Revenue Code. Conformity With Internal Revenue Code 4.05. It is my intent that the marital bequest shall qualify for the marital deduction for federal estate tax purposes, and that the provisions of this Will relating to the marital deduction shall comply with Section 2056 of the Internal Revenue Code. The provisions of this Will shall be construed to conform to my intent and, to the extent that any provision cannot be so construed, it shall be deemed void. Neither my Executor nor the Trustee shall take any action or have -2- r.f1113 . ~'~'~"""'_'~~_nN_._""'._~' ~......__..___ any power that will impair the marital deduction, and all provisions of this Will regarding the marital bequest shall be interpreted to conform to that objective. The terms "gross estate," "marital deduction," and "interests in property which pass or have passed," as used in this Will, shall have the same meanings as they have under Section 2056 of the Internal Revenue Code. Election of Valuation 4.06. No provision of this Will shall be construed so as to limit the discretion of the person required to file a federal estate tax return on behalf of my estate to make, where allowable, an election for federal estate tax purposes to value my estate as of the date of my death, or pursuant to the alternate valuation method provided for by the Internal Revenue Code, or any other valuation provision of the Internal Revenue Code, provided that the valuation method or the use of the valuation provision is allowable in determining the marital deduction for federal estate tax purposes. Simultaneous Death 4.07. If my Spouse and I should die simultaneously, or under such circumstances as to render it difficult or impossible to determine who predeceased the other, my Spouse shall be conclusively presumed to have survived me for the purposes of the marital deduction. Residuary Trust 4.08. The balance of the assets of my estate I give to the Trustee named in this Will, to be held as the "Residuary Trust." Administration 4.09. The Residuary Trust shall be held, administered, and distributed by the Trustee in accordance with the provisions of Articles 5 through 7 of this Will. ARTICLE 5. RESIDUARY TRUST: PAYMENT AND DISTRIBUTION Payment of Income and Principal to Spouse 5.01. The Trustee shall pay to or apply for the benefit of my Spouse during my Spouse's lifetime all of the net income of the Residuary Trust in monthly or in other convenient installments, but in no event less often than annually. If at any time, in the discretion of the Trustee, my Spouse should be in need of additional funds for my Spouse's proper maintenance and support, then the Trustee, in addition to the income payments provided, shall in the Trustee's discretion pay to or apply for the benefit of my Spouse such amounts from the principal of the -3- qn~ Residuary Trust, up to the whole of the principal, as the Trustee from time to time shall deem advisable. Division of Trust Estate 5.02. On the death of my Spouse or on my death if my Spouse predeceases me, the Trustee shall divide the corpus of the Residuary Trust into as many equal shares as there are children of mine then living and children of mine then deceased but leaving issue then surviving. One equal share shall be given to each of my children who may then be living. One equal share shall be set aside for the benefit of the estate of each of my deceased children who leave issue surviving, and shall constitute the corpus of the trust for each issue. Each share shall constitute and be held, administered, and distributed by the Trustee as a separate trust. Trusts for Issue 5.03. The Trustee shall apply and distribute the net income and principal of each of the shares of the corpus of the trust set aside for the benefit of the issue of a deceased child of mine as follows: (1) Until each issue reaches the age of twenty-one years, the Trustee shall pay to or apply for the benefit of each issue, in monthly or other convenient installments, so much of the net income from his or her share of the trust estate, up to the whole, as the Trustee in the Trustee's discretion deems advisable for the issue's proper care, support, maintenance, and education. The Trustee shall accumulate and add to the principal of each issue's share of the corpus of the trust the balance, if any, of the net income. (2) When each issue reaches the age of twenty-one years, the Trustee shall thereafter pay to or apply for the benefit of each issue all of the net income from his or her share of the corpus of the trust until the issue attains the age of 27, payable monthly or in other convenient installments but in no event less often than annually. (3) If at any time in the discretion of the Trustee any issue should be in need of funds for his or her proper care, support, maintenance, and education, the Trustee shall in the Trustee's discretion, in addition to the payments provided, pay to or apply for the benefit of such issue such amounts from the principal of his or her share of the corpus of the trust up to the whole, as the Trustee may from time to time deem advisable. (4) When each issue reaches the age of 21 years, then each issue shall have the right to withdraw 1/4 of the then balance of the principal of his or her share of the corpus of the trust. When each issue reaches the age of 25 years, each issue shall have the right to withdraw 1/2 of the then balance of the principal of his or her share of the corpus of the trust. When each issue reaches the age of 33 years, each issue shall -4- <1/213 '>'I'"",~"",v..",,__,_ .......~~..,._>": " .." "~"'..,,-,~.,-~-, '.'.,,-~, '''~~''..",,~~-....-.,-.,_.-...-_~....,...,..,......,., -'-~'~''''''''''-'-''''''-'''- '> have the right to withdraw all of the balance of his or her share of the corpus of the trust. (5) If any issue for whom a share of the corpus of the trust has been set aside should die prior to attaining the age of 27 years, then on the death of such issue the Trustee shall distribute all of the balance of such deceased issue's share to my child living at that time, or if none of my children are living at that time, then to my issue living at that time. (6) If my children and their issue should all die prior to final distribution of the corpus of the trust, all of the trust corpus not disposed of as provided in this Will shall be distributed in equal shares to the following charities: (a) Oaxaca Street Children, Grassroots, Inc., of 449 Crane Ave. South, Taunton, MA 02780; (b) Food Harvest for Oaxaca Street Children, of P.O. Box 16, Decatur, TX 76234; (c) ECHO, of 17430 Durrance Rd., N. Fort Myers, FL 33917-2239; (d) New Hope Ministries, of 15 State Rd., Mechanicsburg, PA 17055; (e) RUEBU, of 52 Steele Ave., Somerville, NJ 08876. Maximum Duration of Trust 5.04. All of the trusts provided for in this Will shall in any event terminate on the expiration of twenty-one (21) years after the death of the last survivor of all my issue in being at the time of my death. Definitions 5.05. a. The term "children," as used in this Will,-includes adopted children and any who may hereafter be born. b. The term "issue," as used in this Will, means lawful issue and includes legally adopted children. c. All references in this Will to the "trust" or to the "corpus of the trust," unless otherwise specifically provided for, refer, respectively, to each of the separate trusts established by this Will, and the corpus of each trust. d. The term "education," as used in this Will, includes both college and postgraduate study at any accredited institution of the beneficiary's choice for any period of time that, in the judgment of the Trustee, is advantageous to the beneficiary concerned; the Trustee is to provide adequate amounts for all related living and travel expenses of the beneficiary within reasonable limits. -5- . emf?; ~.~. "~ ~'l "~'~"'....~..~'.~. _...................--..........--....".. l- ""~ ~ .-.,-.,.,.~~----~I"' Consideration of Beneficiaries' Other Means 5.06. The Trustee, in exercising discretionary authority with respect to the payment of trust income or principal to any beneficiary, shall take into consideration any income or other resources available to the beneficiary from sources outside of this trust that may be known to the Trustee. The Trustee may accept as final and conclusive the written statement of the beneficiary receiving payment as to other available income or resources. The determination of the Trustee with respect to the advisability of making payments out of the principal to any beneficiary shall be conclusive on all persons interested in the trust. Incapacity of Beneficiary 5.07. If at any time any beneficiary entitled to receive income or principal from the trust is a minor or an incompetent or a person whom the Trustee deems unable to handle funds properly or wisely if paid directly to the beneficiary, the Trustee in the Trustee's discretion may make payments in anyone or more of the following ways: (1) Directly to the beneficiary. (2) To the natural guardian or legally appointed guardian or conservator of the person or estate of the beneficiary. (3) By making expenditures directly for the care, support, main.tenance, or education of the beneficiary. (4) To any person or organization furnishing care, support, maintenance, or education for the beneficiary. The Trustee shall not be required to see to the application of any funds paid or applied in any of the above-mentioned ways, and the receipt of the payee shall be full acquittance to the Trustee. The decision of the Trustee as to which of the methods should be used in making payments shall be conclusive and binding on all parties concerned. Undistributed Payments 5.08. On the termination of any interest in this trust, all undistributed income in the hands of the Trustee shall be paid to the person or persons next entitled to income by the terms of this Will. Alienation or Encumbrance 5.09. No beneficiary or remainder beneficiary of any Trust shall have any right or power, except as otherwise specified, to sell, transfer, assign, pledge, mortgage, alienate, or hypothecate his or her interest in the principal or income -6- 91t 13 ,.........~'''1~''''.....~,..,~''''..jU~~''" ",{~,~._...~ --r:...... .' -, ,,} .1..1 "JJl ~'-. j'r""-..~,..'''''''''''''''''''' ,4 J,...., "" 4J '___.' .........,4_. "P ~. ~ .,< of the trust estate in any manner whatsoever. To the fullest extent of the law, the interest of each and every beneficiary and remainder beneficiary shall not be subject to the claims of any of his or her creditors or liable to attachment, execution, bankruptcy proceedings, or any other legal process. The Trustee shall pay, disburse, and distribute principal and income of the trust estate only in the manner provided for in this Will and not on any attempted transfer or assignment, whether oral or written, of any beneficiary or remainder beneficiary nor by operation of law. Distribution of Trust Assets by Executor 5.10. If on termination of the administration of my probate estate, there has been no distribution in trust to the Trustee and events have occurred that would require the Trustee under the terms of this Will to make immediate distribution of all the property, my Executor shall perform all of the acts necessary to complete the distribution and for that purpose shall have all the powers granted by this Will to the Trustee. ARTICLE 6. GENERAL ADMINISTRATIVE POWERS OF TRUSTEE Grant of Powers 6.01. In order to carry out the purposes of any Trust established by this Will, the Trustee, in addition to all other powers and discretions granted by this Will or by law, shall have the following powers and discretions, subject to any limitations specified elsewhere in this Will: Retain Assets (1) To continue to hold any and all property received by the Trustee or subsequently added to the trust estate or acquired pursuant to proper authority if and as long as the Trustee, in exercising reasonable prudence, discretion, and intelligence, considers that the retention is in the best interests of the trust; provided, however, that nonincome-producing or unproductive property shall not be retained as an asset of the Trust for more than a reasonable time during the lifetime of my Spouse without the written consent of my Spouse. Investments (2) To invest and reinvest in every kind of property, real, personal, or mixed, and every kind of investment, specifically including, but not by way of limitation, corporate obligations of every kind, and stocks, preferred or common, which persons of prudence, discretion, and intelligence acquire for their own accounts. Management of Securities -7- 7n13 I!II .',,. >-""J!',"_~_k;:_._-"y. ,,~_, ,_ ..'~.." ',..,' ,11,_ ~.~.~ " . ,'~,)H ..:), J ...L_JUl, ,,!,~g.'.' -.t" :]~.,'-,u :m\,~l.': :,,~___''I'l~ ,l:.:"~_'~,~,_.,TL.>~.,_",,,,:_~.__,?_ ,4'" ;0,' cr_,' , ',_" ,f'.J~,. _4_~ .,ryr"'~';"<'~:~;>'~_"'_~_ .."J~.r:"J,-"_:~,_~-o-~},_~:,,_?_,.~,.,:1_'~,~~,+~J1. (3) To exercise, respecting securities held in the trust estate, 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; to participate in voting trusts, pooling agreements, 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; to exercise or sell stock subscription or conversion rights; and to 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. Form of Ownership of Trust Property (4) To hold securities or other trust property in the name of the Trustee as Trustee under each Trust or in the Trustee's own name or in the name of a nominee or in such conditions where ownership will pass by delivery. Business Interests (5) To continue and operate, to sell or to liquidate, as the Trustee deems advisable at the risk of the trust estate, any business or partnership interests received by the trust estate; provided, however, that a nonincome-producing or unproductive business or partnership interest shall not be held as an asset of the Trust for more than a reasonable time during the lifetime of my Spouse without the written consent of my Spouse. Sell and Exchange (6) To sell for cash or on deferred payments at public or private sale, to exchange, and to convey any property of the trust estate. Division of Trust Estate (7) On any division of the trust estate into separate shares or trusts, to 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 in the discretion of the Trustee; after any division of the trust estate, the Trustee may make joint investments with funds from some or all of the several shares or Trusts, but the Trustee shall keep separate accounts for each share or Trust. Abandonment of Trust Assets (8) To abandon any trust asset or interest therein in the discretion of the Trustee. Options -8- 9n13 UI ~'~)"'" "~"") co-':',A~.~",:'",.~".... ,~., "'"Fa .1 1, Ii ,11:1' ,', t' ~liiU~'I~'~ - ~',~ ' =,,,!:'j,.~~,,:.*-,~, 'pr..,..."." ,'" .0.... __,< .- .' ,...",.J.,l- ..4!~ "",L& (9) To grant an option involving disposition of a trust asset and to take an option for the acquisition of any asset by the trust estate. Lease (10) To lease any real or personal property of the trust estate for any purpose for terms within or extending beyond the duration of any Trust. Property Management (11) To manage, control, improve, and repair real and personal property belonging to the trust estate. Development of Property (12) To partition, divide, subdivide, assign, develop, and improve any trust property; to make or obtain the vacation of plats and adjust boundaries or to adjust differences in valuation on exchange or partition by giving or receiving consideration; and to dedicate land or easements to public use with or without consideration. Repair, Alter, Demolish, and Erect (13) To make ordinary and extraordinary repairs and alterations in buildings or other trust property, to demolish any improvements, to raze party walls or buildings, and to erect new party walls or buildings as the Trustee deems advisable. Borrowing and Encumbering (14) To borrow money for any trust purpose from any person, firm, or corporation on the terms and conditions deemed appropriate by the Trustee and to obligate the trust estate for repayment; to encumber the trust estate or any of its property by mortgage, deed of trust, pledge, or otherwise, using whatever procedures to consummate the transaction deemed advisable by the Trustee; and to replace, renew, and extend any encumbrance and to pay loans or other obligations of the trust estate deemed advisable by the Trustee. Natural Resources (15) To enter into oil, gas, liquid or gaseous hydrocarbon, sulphur, metal and any and all other natural resource leases on terms deemed advisable by the Trustee, and to enter into any pooling, unitization, repressurization, community, and other types of agreements relating to the exploration, development, operation, and conservation of properties containing minerals or other natural resources; to drill, mine, and otherwise operate for the development of oil, gas and other minerals; to contract for the installation and operation of absorption and repressuring plants; and to install and maintain pipelines. Insurance -9- 9n~ .t;.~1.u .~n ) ,:,';""i~J:l~,~~~, "J, .,.lJc~.m,*~- .,,"~ ][ijlU.liIf; 'T't,,:') :.'11 ~".c--.~;lajr_,:<]'l '(U~.'t~~liltltJl~, ,',It) l' ~r .,.' (~' [ .. I ,. ~ - , . . "C' J) J Iltl.UJL.. D lI1.-~ " l>\ I~J, U ,~ .1- ~.)1l! .ur~ (16) To procure and carry at the expense of the trust estate insurance of the kinds, forms,and amounts deemed advisable by the Trustee to protect the trust estate and the Trustee against any hazard. Enforcement of Hypothecations (17) To enforce any deed of trust, mortgage, or pledge held by the trust estate and to purchase at any sale thereunder any property subject to any such hypothecation. Extending Time of Payment of Obligations (18) To extend the time of payment of any note or other obligation held in the trust estate, including accrued or future interests, in the discretion of the Trustee. Adjustment of Claim (19) To compromise, submit to arbitration, release with or without consideration, or otherwise adjust claims in favor of or against the trust estate. Litigation (20) To commence or defend at the expense of the trust estate any litigation affecting each Trust or any property of the trust estate deemed advisable by the Trustee. Administration Expenses (21) To pay all taxes, assessments, compensation of the trustee, and all other expenses incurred in the collection, care, administration, and protection of the trust estate. Employment of Attorneys, Advisers, and Other Agents (22) To employ any attorney, investment adviser, accountant, broker, tax specialist, or any other agent deemed necessary in the discretion of the Trustee; and to pay from the trust estate reasonable compensation for all services performed by any of them. Termination by Trustee of Small Trust (23) To terminate in the discretion of the Trustee any separate Trust held for an income beneficiary and remaindermen if the fair market value of the separate Trust at any time becomes less than $2,500.00, and, regardless of the age of the income beneficiary, to distribute the principal and any accrued or undistributed net income to the income beneficiary, or to the income beneficiary's guardian or other fiduciary. Distribution -10- '7n 13 -r &..,- ~ ",_"",.,J ,<,,,.,~,_ ,,,L,,:,,..< ',\/:iJ~ _~4Jj'.it. ~ :","~~" ""- " A 1.- c.!..Il, j,'~"I.,.,~ ...-._.~ (24) On any partial or final distribution oHhe trust estate, to 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. General (25) To do all the acts, to take all the proceedings, and to exercise all the rights, powers, and privileges which an absolute owner of the property would have, subject always to the discharge of his fiduciary obligations; the enumeration of certain powers in this Will shall not limit the general or implied powers of the Trustee; the Trustee shall have all additional powers that may now or hereafter be conferred on the Trustee by law or that may be necessary to enable the Trustee to administer each Trust in accordance with the provisions of this Will, subject to any limitations specified in this Will. Nonincome-Producing or Unproductive Asset (26) Any asset of the trust estate, regardless of how acquired, that is or has become non income-producing or unproductive shall not be held or retained by the Trustee for more than a reasonable time during the lifetime of my Spouse without the written consent of my Spouse. Powers Inconsistent With Marital Deduction (27) None of the powers or discretions granted in any provision in this Will to the Trustee shall be exercised in a manner inconsistent with the allowance of the full federal estate tax marital deduction to which my estate would otherwise be entitled, regardless of any provision in this Will to the contrary. ARTICLE 7. OPERATIONAL PROVISIONS OF TRUSTS Determination of Income and Principal 7.01. The Trustee shall have power to allocate receipts, disbursements, and losses to principal or to income, in accordance with generally accepted accounting practices. Appointment of Trustee 7.02. I appoint my Spouse, Nancy Bubel, to serve as Trustee. If Nancy Bubel ceases to serve for any reason, I appoint my children, Gregory Mark Bubel and Mary Grace Boerio, to serve in her place. -11- :fn 13 .f 1. (1 ) Each individuall"rust88 of.8Aytrust hereunder then serving may appoint in writing an individual to serve in his or her place; provided that any such appointment shall not supersede any designation made abOve of a successor Trustee. (2) The individual Trustees of any trust hereunder then serving may unanimously appoint in writing an individual and/or a corporation described in subparagraph (5) below to serve with them as co-Trustee in order to have at least one Trustee who is not a "related or subordinate party" as defined in section 672(c) of the Internal Revenue Code with respect to myself or any beneficiary hereunder. (3) As to each separate trust of which all of the net income is payable to a single income beneficiary, such income beneficiary shall become a co-Trustee of such trust upon attaining age twenty-one (21) and filing a written acceptance with the other Trustees then serving. (4) If any corporate or individual Trustee is located in a State other than the Commonwealth of Pennsylvania, my Trustees acting unanimously, may, but are not required to, direct in writing that the situs of the Trust be transferred to the State in which such Trustee is located. Any such transfer of situs shall be effective only if the court then having jurisdiction over the Trust shall concurrently transfer jurisdiction over the Trust to the appropriate court in said State. In the event of a transfer of situs, all questions subsequently arising pertaining to the construction and administration of the Trust shall be determined in accordance with the laws of the State to which situs and jurisdiction have been transferred. (5) Any power of appointment and removal under this Paragraph shall not be extinguished by a single exercise; provided that the power to remove a corporate trustee shall not be exercised more frequently than once every five years. (6) Any Trustee while serving hereunder may resign without court approval by written notice delivered to the co-Trustee and all sui juris income beneficiaries. If a Trustee ceases to serve, whether by death or resignation, such Trustee shall be relieved of all liability through the delivery of an account (formal or informal) to the sui juris income beneficiaries and by the signature of a release based on said account by such persons. (a) No Trustee taking office shall be liable in any way for the acts or omissions of any Trustee prior to such Trustee's assumption of office and shall have no duty to review the performance of a Trustee prior to that time. -12- 97113 JI!';J1\(\~MIL.~~WUJID rwJJJ ~~flW JjlJJ1I.l~f~.~!]tma.mll~.~)11J.llnlRI (lfti'nl.~~. '~~I...~."rJm)g'LU. n!llnn l!l(n,H~.J".,"yI~ij,.,~~(P.j,j .\ Tt"Q$tee"sFees · 7.03. The Trustee shall receive reasonable and just fees for any and all ordinary and extraordinary services rendered. Waiver of Trustee's Bond ,I l!!.ill!! 7.04. No bond shall be required of any person named in this Will as Trustee. Choice of Law 7.06. The validity and administration of any trust established under this Will and all questions relating to the construction or interpretation of any such trust shall be governed by the laws of the Commonwealth of Pennsylvania. ARTICLE 8. PAYMENT OF DEATH TAXES 8.01. All estate, inheritance, and succession taxes, whether domestic or foreign, together with any interest and penalties, payable as a result of my death and imposed with respect to any property, whether or not disposed of by this Will, shall be paid out of the Residuary Trust established pursuant to Article 4 of this Will. ARTICLE 9. EXECUTOR Appointment 9.01. I nominate and appoint my spouse, Nancy Bubel, as the Executor of this Will. In the event of my Executor's, resignation, renunciation, or inability to act, I appoint Gregory Mark Bubel and Mary Grace Boerio, as the Co- Executors of this Will in my Executor's place. My Executor, whether original, substitute, or successor, is referred to in this Will as my "Executor." No Bond Required 9.02. No bond or other security shall be required of any Executor appointed in this Will. Powers 9.03. My Executor shall have, in extension and not in limitation of the powers given by law or by other provisions of this Will, the following powers with respect to the settlement of my probate estate: -13- 0116 .. rf.'T>~-:"'-,.. , (1) To exercise with regard to th..~te,.~'lt 'C)fthe.~rs.nd authority conferred by this Will on the Trustee over the trust estate. ":,f.:;;~;);\'~t~:: . . ~-,;", __7,_,Jt-;~ ;\r,:, .;, {:.,i!>-' ">"':'-i,"._,~_H' ,- -"" (2) To employ any attorney, investment adviser, accountant, broker, tax specialist, or any other agent deemed necessary bytnyExecutor; and to pay from my estate reasonable compensation for all services performed by any of them. Where Estate Property Kept (3 ) To keep any or all of the property of my estate at any place or places in Cumberland County, Pennsylvania, or elsewhere within the United States or abroad or with a depositary or custodian at such place or places. Income Tax Returns (4) To join with my Spouse or my Spouse's executor or administrator in filing any income tax return of the income of my Spouse and myself for any period for which such a return may be permitted, and to agree with my Spouse or my Spouse's executor or administrator: (a) As to how the burden of the liability for any income tax, or interest on income tax, arising out of the filing of a joint return by my Executor and my Spouse or my Spouse's executor or administrator, shall be borne as between my estate and my Spouse or my Spouse's estate; and (b) As to who, as between my Spouse or my Spouse's estate and my estate, shall be entitled to any refund or credit of any income tax, or interest on income tax, based on the filing of a joint return by my Spouse and myself or by my Executor and my Spouse or my Spouse's executor or administrator; (c) As to who, as between my Spouse or my Spouse's estate and my estate, shall be entitled to any refund or credit of any amount paid on account of any joint declaration of any estimated income tax filed by my Spouse and myself, and of the interest on any such refund; and (d) As to who, as between my Spouse or my Spouse's estate and my estate, shall be entitled to the benefit of any payment made by my Spouse and myself on account of any joint or separate declaration of any estimated income tax. Determination of Income and Principal (5) To pay as income the whole of the interest, dividends, rent, or receipts from property, whether wasting or not and although bought or taken at value above par, but if it is deemed advisable when property is bought or taken at a value above par, a -14- . lJJlj3 .,,~ rightSlo.take.t()Qf<or~~~~.W~I.tt.')" ..... such real estate may have ~n whOlly orPenly ~ Ive;to principal or to apportion between th~mcustoclians'comperysation,brc>k.rs' commissions, agents' compensations, attorneys'fees,jnsuranoepr$miums, repairs or improvements, taxes, depreciation charges, .and executor's compensation; generally to determine all questions as between income and principal or to apportion between them any receipt or gain and any charge, disbursement, or loss as is deemed advisable in the circumstances of each case as it arises, notwithstanding any statute, rule of law, or determination of any court. Divisions or Distributions of Estate (6) When paying legacies or dividing or distributing my estate, to make such payments, division, or distribution wholly or partly in kind by allotting and transferring specific securities or other personal or real properties or undivided interests therein as a part of the whole of anyone or more payments or shares at current values in the manner deemed advisable by my Executor. All of the above powers may be exercised from time to time at the discretion of my Executor without further order or license. Marital Deduction Election 9.04. It is my intention that assets given outright to my Spouse by this Will shall qualify for the federal estate tax marital deduction. It is my intention that any assets in the Residuary Trust shall not qualify for the federal estate tax marital deduction. To this end my Executor shall not elect under Internal Revenue Code Section 2056(b )(7) or any comparable section in effect at my death for the assets in the Residuary Trust to qualify for the federal estate tax marital deduction. ARTICLE 10. GENERAL PROVISIONS Will Not Contractual 10.01. My Spouse and I are executing Wills at approximately the same time in which each of us is the primary beneficiary of the Will of the other. These Wills are not being made because of any agreement between us. Either Will may at any time be revoked at the sole discretion of the maker. Survivorship Requirement -15- . 7~213 ,L,. .-I,.~~WI,.ill.,Jll.lJ.n:~I!lI.~IJ ~U. '.OOU1J,LU,~ll,rIJ(J.';,~A!l,ti~~,jj.l_"~1i1lr~JI!JIJ'lUJ. L,Qj.:,nr Lh, .W. '.,I."LLI ] " Jt 1",mJ,I,' .'~. ..l.l~' ~44 ' 10.02. Should any person or persons, except for my spouse, who would take under this Will, but for this provision, fail to survive me by more than ninety days, such person or persons shall be deemed to have predeceased me for the purposes of construing all the terms of this Will. Effect of Inoperative, Invalid, or Illegal Provision 10.03. If any provision of this Will or any Codicil to this Will is held to be inoperative, invalid, or illegal, it is my intention that all of the remaining provisions shall continue to be fully operative and effective so far as is possible and reasonable. Headings 10.04. The headings above the various provisions of this Will have been included only in order to facilitate the location of the subject covered by each provision and are not to be used in construing this Will or in ascertaining my intentions. Number and Gender Defined 10.05. As used in this Will, whenever the context so indicates, the masculine, feminine, or neuter gender, and the singular or plural number, shall each be deemed to include the others. Disposition of All Property 10.06. It is my intention to dispose of all of my property under this Will. However, I do not intend to exercise any power of appointment that I now possess or that may hereafter be conferred on me, unless that power is specifically referred to in this Will or in any Codicil to this Will. IN WITNESS WHEREOF, I, Michael Bubel, hereunto set my hand and seal this ''Z-h day of r v If ' 2000, to this my Last Will and Testament which consists of 18 typewntten pages. 'lnf~Jz.a.el /3,(.c6-tl Michael Bubel SIGNED, SEALED, PUBLISHED AND DECLARED, by Michael Bubel, the Testator above named, as and for the Testator's Last Will and Testament, and in the presence of us, who, at the Testator's request, in the Testator's presence and in the presence of each other have subscribed our names as witnesses. -16- 0" ~. .J ....,~f.,.. "''''''^~< ~~'(J,If 01~ "~/' ....'. ". ,>0::.'1"',:__..1.. '",,,,,,~,,,,.,,~, ...J~ '~"".">"'~~" "'.... .. .~ "'.. ,.". -- .... ~ >,"'" ,....., .,~ .-;J" t ~t I..'"'' j,.":<',..."..,,,....._....-..l...,.,., . ,"' ~... ,.~ 1Y/~~ 1J//b/7 n!ta.~ c-f)rUK-e-r (j COMMONWEALTH OF PENNSYLVANIA ss.: COUNTY OF DAUPHIN Address ~/~tl=h'?k.'j ,pA flar/, J6tlff, fA (j I, Michael Bubel, Testator whose name is signed to the attached or foregoing instrument, having been duly qualified according to law, do hereby acknowledge that I signed and executed this instrument as my Last Will, that I . signed it willingly and that I signed it as my free and voluntary act for the purposes therein contained. ') I)' t 1 . r fr Ll /La f:J:_ ~j3.tLtel Michael Bubel Testator, this 1___ tv day of Sworn or affirmed to and acknowledged before me by Michael Bubel, the "):J Ly , 2~OO. (~~ ~.~~~ (\ - Notary Public COMMONWEALTH OF PENNSYLVANIA : ss.: NOTARIAL SEAL JODY GOLDRING. Notary Public Harrisburg. Dauphin County PA My Commission Expires tJov 03. 2001 COUNTY OF DAUPHIN ) WE, uJ,-II,~", L. 4J fer, and oLt~ ~ruICU" , the witnesses whose names are signed to the attach or foregoing instrument, being duly qualified according to law, do depose and say that we were present and saw the Testator sign and execute the instrument as the Testator's Last Will; that the Testator signed willingly and that the Testator executed it as the Testator's 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 witnesses; 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 -17- Ill. _'. -..""..,. ) 4] 4l,~~ u,u~.~J.,:~L~,;:1,J .Ul",.[l.~ ~U." .!LJIIILl..jJ!",",J.~I,~~Il:~,J~.!,.. J..Ji.+... J ~.UJ~ll:l[UI1 r. .J"" . ,t.,." ..",.l...", _~..' '" ~ .... un uetn u noo. .m:~i~ L,! ,l. J. ~...!- teJI Witness ~t~ ,jinuur Wi ness Sworn or affirmed to and subscribed before me by .wi.11,i!", L. 4Jjt'''''' ,and oC(~11.. jJ~ witnesses, this l..6 day of y",* Ly 2000. \ C\,~~ '\. \ Notary Public NOTARIAL SEAL JODY GOLDRING. Notary Public Harrisburg, Daupbin County PA My Commission Expires No'" 03, 2001 -18- L.LJ <J: \f a.. - tn Z ~cr OCl~-' .[ri a..<itli-tDCOM .a..zRoco- ~ a:->6~ :::l ffi 00- a: zo ...... :I: Vl - ~ \9 ::) <:t fb '" ~ ~ ~ ~ V\ \KJ " J -....) \n ....) O! ..... ~3 ~ t.! ~ ~~~~ --!l -~ -~ i ~~Q0 LC1 ~LC1 :::l .- o C'-I -= ~ -E:A- -= rI"'~ = fI ~;; 0 ..: tilli 0 -= a"" C) - ",...I 0 - ~~ == ~2 :: ! .. := ." lXl'tJO >- a:: ~ (JOe ~ ~D.a 011::1= _'It:!: ~..Q. .c~E (J III :i (.) 1 i I - - - - - - -- - - - :::::- - - - -- - - - - -- - - - ~ -- ~ - -- - ...::... ~ - - -- - :::-- - - :: - - -::: -=:: -