HomeMy WebLinkAbout02-09-07
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TRUST
COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY. PENNSYLVANIA
ORPHANS' COURT OMSION
NAME OF TRUST
(TRUST UNDER WILL OF
or
TRUST UNDER DEED OF MAY M. MOORE Deceased
DATED November 7. 2001 )
No.
PETITION FOR ADJUDICATION I
STATEMENT OF PROPOSED DISTRIBUTION
PURSUANT TO PD. O.C. Rule 6.9
j5
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This f017n may be used in all cases involving the Audit of Tnlst Accounts. If space is insufficient,
riders may be attached
INCLUDE ATTACHMENTS AT THE BACK OF THIS FORM.
Name of Counsel: LOWELL R. GATES, ESQUIRE
Supreme Court 10. No.: 46779
Name of Law Firm: GATES, HALBRUNER & HATCH, P.C.
Address: 1013 MUMMA ROAD, SUITE 100, LEMOYNE, PA 17043
Telephone: (717) 731-9600
Fax: (717) 731-9627
Form DC-02 rev 10.13.06
Page I of 10
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Name of Trust: THE MAY M. MOORE 5-YEAR CHARITABLE LEAD ANNUITY TRUST
1. Name(s) and address{es) ofPetitioner(s):
Petitioner:
Petitioner:
NOrrie: COMMUNITY TRUST COMPANY
Addres.': 3907 Market Street
Camp Hill. PA 17011
2. Check if any of the following issues are involved in this case:
A. Appointment of Trustee . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 0
B. Interpretation ................................................... 0
C. Discharge of Trustee ............................................. D
D. Transfer of Situs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 0
E. Appointment of Ad Litem . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 0
F. Minor, Unborn or Unascertained Beneficiary{ies) ................."... 0
G. Principal Distribution. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . , . . , . . . . . . [Z]
H. Partial/Full Termination of Trust . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 0
L Missing Beneficiary{ies) ........,................................. 0
1. CyPres.................................................. 0.....0
K. Williamson Issue* ............................................... 0
L. Other Issues .................................................... 0
List:
Please /lote:
A detailed explanation of issues checked should be set forth at item 13 below.
* See Williamson Estate, 368 Pa. 343, 82 A.2d 49 (19S I), if Trustee was also Executor of the selllor/decedent's estate and
received commissions in 5uch capacity.
Fonn OC-O:! rev 10.1.:1.06
Page 2 of 10
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Name of Trust: THE MAY M. MOORE 5-YEAR CHARITABLE LEAD ANNUITY TRUST
3. Testamentary Trust:
Decedent's date of death:
Date of Decedent's Will:
Date(s) of Codicil(s):
Date of probate:
or
filter Vivos Trust:
Date of Trust: November 7, 2001
Date(s) of Amendment(s): August 6, 2002
4. A. If any other Court has taken jurisdiction of any matter relating to this Trust, explain:
None
B. Identify all prior accountings and provide dates of adjudication.
None
5. A. State how each Trustee was appointed:
Pursuant to the direction contained in the first paragraph of The May M. Moore
Five-Year Charitable Lead Annuity Trust executed on November 7,2001. Said
appointment was accepted in writing by Community Trust Company on 11/07/2001
B. If a Petitioner is not a Trustee, explain:
N/A
Fonn OC-Ol rev 10.13.06
Page 3 ofl 0
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Name of Trust: THE MAY M. MOORE 5-YEAR CHARITABLE LEAD ANNUITY TRUST
6. State how and when the present fund was awarded to Trustee(s):
The Trust was funded on March 31, 2003 by assets received from the Estate of May M.
Moore, pursuant to Article FOURTH of the decedent's Last Will and Testament dated
November 7, 2001. May M. Moore died on December 8, 2001.
7. Period covered by accounting:
March 30, 2003
to December 8, 2006
8. Current fair market value of the Trust principal is $ 439,311.30
One (1) of Account.)
. (See page
9. State concisely the dispositive provisions of the Trust:
"Article FIRST (D) Distribution Upon Termination. On the termination date, the trust
shall terminate and the remaining trust principal shall be distributed, in equal shares, to
AMANDA B. REED and ARAMINTA FLEGEL. If and in the event that AMANDA B.
REED or ARAMINTA FLEGEL predeceases the termination date, then the Trustee shall
distribute the predeceased individual's share to their children, in equal shares. If and in
the event that AMANDA B. REED or ARAMINTA FLEGEL predeceases the termination
date without surviving issue, then the predeceased individual's share shall be
distributed to the surviving named individual." Both Amanda B. Reed and Araminta Flagel D
survived the termination of the Trust.
10. Explain the reason for filing this Account (if filed because of the death of a party, state
name of person, relationship to Trust and date of death):
The Five-Year Charitable Term of the Trust ended on December 8,2006 and the Trust must
be terminated and the remainder distributed pursuant to Article FIRST (D) of the Trust
instrument.
ForoIOC-02 rev 10.13.06
Page 4 of! 0
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Name of Trust: THE MAY M. MOORE 5-YEAR CHARITABLE LEAD ANNUITY TRUST
11. State why a Petition for Guardianlrrustee Ad Litem has or has not been fIled for this
Audit (see Pa. a.c. Rule 12.4):
No Petition for GuardianfTrustee Ad Litem has been filed for this Audit because there are
no interested parties in this proceeding who are minors, incompetents, absentees, presumed
decedents or unborn or unascertained persons.
12. A. State the amount of Pennsylvania Transfer Inheritance Tax and Pennsylvania Estate
Tax paid (including postponed tax on remainder interests), the dates of payment and
the interests upon which such amounts were paid:
Dale
Payment
Jlllerest
None
B. If any such taxes remain unpaid or are in dispute, explain:
None
13. Describe any questions requiring Adjudication and state the position ofPetitionerCs) and
give details of any issues identified in item 2:
Petitioner respectfully asks that the Court direct final distribution of the remaining Principal
and Income pursuant to Article FIRST (D) of the Trust, following payment of the expenses of
this proceeding, and that the Trust be terminated as of the date of distribution.
Farm DC-a:! rev 10.13.06
Page 5 of 10
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Name of Trust: THE MAY M. MOORE 5-YEAR CHARITABLE LEAD ANNUITY TRUST
14. Written notice of the Audit as required by Pa. D.C. Rules 6.3, 6.7 and 6.8 has been or will
be given to all parties in interest listed in item 15 below. In addition, notice of any
questions requiring Adjudication as discussed in item 13 above has been or will be given
to all persons affected thereby.
A. If Notice has been given, attach a copy of the Notice as well as a list of the names
and addresses of the parties receiving such notice.
B. If Notice is yet to be given, a copy of the Notice as well as a list of the names and
addresses of the parties receiving such Notice shall be submitted at the Anilit
together with a statement executed by Petitioner(s) or counsel certifying that such
Notice has been given.
C. If any such party in interest is not sui juris (e.g., minors or incapacitated persons),
Notice of the Audit has been or will be given to the appropriate representative on
such party's behalf as required by Pa. D.C. Rule 5.2.
D. If any charitable interest is involved, Notice of the Audit has been or will also be
given to the Attorney General as required under Pa. D.C. Rule 5.5. In addition,
the Attorney General's clearance certificate (or proof of service of Notice and a
copy of such Notice) must be submitted herewith or at the Audit.
15. List all parties of whom Petitioner(s) has/have notice or knowledge. having or claiming
any interest in the Trust, whether such interest is vested or contingent, charitable or
non-charitable. This list shall:
A. State each party's relationship to the SettIorlDecedent and the nature of each
party's interest(s);
Name and Address of Each Part!. in Interest
Relations/liD and Comments. If ani'
III/eresl
(See Attached List of Interested
Parties - Exhibit A)
Form DC-OJ rev 10.13.06
Page 6 ofl0
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Name of Trust: THE MAY M. MOORE 5-YEAR CHARITABLE LEAD ANNUITY TRUST
Name and Address of Ead, PartY /n Interest
Rela/ians/riD and Comments. if any
Interest
B. Identify each party who is not suijuris (e.g., minors or incapacitated persons).
For each such party, give date of birth, the name of each Guardian and how each
Guardian was appointed. If no Guardian has been appointed, identify the next of
kin of such party, giving the name, address and relationship of each; and
None
C. If distribution is to be made to the personal representative of a deceased party,
state date of death, date and place of grant of Letters and type of Letters granted.
None
16. IfPetitionerCs) has/have knowledge that a Trost share has been assigned or attached,
provide a copy of the assignment or attachment, together with any relevant supporting
documentation.
Upon information and belief, no Assignment or Attachment has been made against any Trust share
17. If a tmstee' s principal commission is claimed:
A. Ifbased on a written agreement, attach a CODV thereof.
: See attached-Fee Schedule attached as Exhibit "B"
Form OC-02 rev 10.13.06
Page 7 of 10
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Name ofTrust:THE MAY M. MOORE 5-YEAR CHARITABLE LEAD ANNUITY TRUST
B. If a principal commission is claimed, state amount.
The Trustee is requesting a termination fee of $6,034.55.
C. If a principal commission is claimed, state the amounts and dates of any principal
commissions previously paid in prior accounting periods.
Amount
Dote Poid
$23,890.84
01/01/2002 -to- 11/30/2006
18. If a reserve is requested, state amount and purpose.
Amount: $850.00; $4,125.00; $680.00.
Pwpose: $850.00 for the preparation and filing of calendar years 2006 and final 2007
Fiduciary Income Tax Returns; $4,125.00 for legal fees for the preparation of the First
and Final Account, the Petition for Approval (and related documents); and $650.00
for Orphans' Court filing fees, advertising, postage, certified mail and photocopies.
If a reserve is requested for counsel fees, has notice of the
amount of fees to be paid from the reserve been given to the
. .. ? r7I
parties m mterest ........................................ LiJ Yes
DNo
If so, attach a copy of the notice.
A copy of the Notice and Statement of Proposed Distribution was sent
to all parties of interest.
19. Is the Court being asked to direct
the filing ofa Schedule of Distribution? .......................... [Z]Yes DNo
Fann OC-02 rev 10.13.06
Page 8 of! 0
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Name of Trust: THE MAY M. MOORE 5-YEAR CHARITABLE LEAD ANNUITY TRUST
Wherefore, your Petitioner(s) ask(s) that distribution be awarded to the parties entitled
and suggest(s) that the distributive shares of income and principal (residuary shares being stated
in proportions, not amounts) are as follows:
A. Income:
Proposed Dislrlbulee(s)
AmolmtlProportiolr
AMANDA B. REED
50%
ARAMINTA FINN f/k/a ARAMINTA FLEGEL
50%
B. Principal:
Proposed Distribrllee(s)
AmormtlProportfon
AMANDA B. REED
50% - $213,810.88
ARAMINTA FINN f/k/a ARAMINTA FLEGEL
50% - $213,810.87
Submitted By:
(All petitioners ImlSt sign.
Add additional lines ifnecessary):
<ZAL a ~
N~ of Petitioner: 4 -
Name of Petitioner:
Form OC-02 rev 1O.nOl5
Page 9 ofl 0
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Name of Trust: THE MAY M. MOORE 5-YEAR CHARITABLE LEAD ANNUITY TRUST
Verification of Petitioner
(Verification must be by at least one petitioner.)
The undersigned hereby verifies * [that he/she she
is title a Trust Officer
ofthe above-named nomeo/corporationCommunitv Trust Company and] that the facts set
forth in the foregoing Petition for Adjudication / Statement of Proposed Distribution which are
within the personal knowledge of the Petitioner are true, and as to facts based on the information
of others, the Petitioner, after diligent inquiry, believes them to be true; and that any false
statements herein are made subject to the penalties of 18 Pa. C.S. ~ 4904 (relating to unsworn
falsification to authorities).
* Corporate petitioners mllst complete bracketed in/ormatioll.
Certification of Counsel
The undersigned counsel hereby certifies that the foregoing Petition for Adjudication /
Statement of Proposed Distribution is a true and accurate reproduction form Petition
authorized by the Supreme Court, and that no changes to the form ha b n made yond the
responses herein.
Fonll OC-Ol rev /0./3.06
Page 10 of 10
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EXHIBIT A
INTERESTED PARTIES
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The May M. Moore Five-Year Charitable Lead Annuity Trust
First and Final Account
For the Period 3/3012003 to 12/0812006
Interested Parties - Exhibit" A"
Name and Address of Each Party in Interest Relationship and Comments, if any Interest
Amanda B. Reed Granddaughter 50% Trust Remainder
125 East Main Street Beneficiary; Trust Protector
P.O. Box 415
Sharpsburg, MD 21782
Araminta Finn f/k/a Araminta Granddaughter 50% Trust Remainder
Flegel Beneficiary; Trust Protector
8 Wei1 Drive
Thurmont, MD 21788
Keeler & Danner Financial None Investment Counsel
Services, LLP
50 West Main Street, Suite B
Mechanicsburg, P A 17055
Office of the Attorney General None Parens Patriae
Charitable Trusts & Org. Section
14th Floor, Strawberry Square
Harrisburg, PA 17120
AARP Andrus Foundation None 5% of the Annuity Amount as
601 E. Street, NW computed under Article
Washington, DC 20049 FIRST (B), for the term of
the Trust (paid annually)
American Diabetes Association To be used for the purposes 5% of the Annuity Amount as
1701 North Beauregard Street of research only computed under Article
Alexandria, V A 22311 FIRST (B), for the term of
the Trust (paid annually)
American Foundation for None 5% of the Annuity Amount as
Aids Research computed under Article
120 Wall Street, 13th Floor FIRST (B), for the term of
New York, NY 10005-3902 the Trust (paid annually)
1
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American Society of 5% of the Annuity Amount as
Addiction Medicine None computed under Article
4601 North Park Avenue, FIRST (B), for the term of
Arcade 101 the Trust (paid annually)
Chevy Chase, MD 20815
America's Second Harvest None 5% of the Annuity Amount as
35 East Wacker Drive, computed under Article
Suite 2000 FIRST (B), for the term of
Chicago, IL 60601-2200 the Trust (paid annually)
The Center for Ecosystem None 5% of the Annuity Amount as
Survival computed under Article
699 Mississippi Street, FIRST (B), for the term of
Suite 106 the Trust (paid annually)
San Francisco, CA 94107
Susan G. Komeni Breast None 5% of the Annuity Amount as
Cancer Foundation computed under Article
5005 LBJ Freeway, Suite 250 FIRST (B), for the term of
Dallas, TX 75244 the Trust (paid annually)
The Nature Conservancy None 5% of the Annuity Amount as
4245 N. Fairfax Dr. Ste. 100 computed under Article
Arlington, VA 22203-1606 FIRST (B), for the term of
the Trust (paid annually)
Prevent Child Abuse America None 10% of the Annuity Amount
200 South Michigan Avenue as computed under Article
17th Floor FIRST (B), for the term of
Chicago, IL 60604-2404 the Trust (paid annually)
UNICEF None 10% of the Annuity Amount
333 East 38th Street, 6th Floor as computed under Article
New York, NY 10016-2793 FIRST (B), for the term of
the Trust (paid annually)
W AMU 86 American None 5% of the Annuity Amount as
University computed under Article
4000 Brandywine St. NW FIRST (B), for the term of
6th Floor the Trust (paid annually)
Washington, DC 20016-8082
2
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Cystic Fibrosis Foundation None 5% of the Annuity Amount as
6931 Arlington Road computed under Article
Bethesda, MD 20814 FIRST (B), for the term of
the Trust (paid annually)
The Michael J. Fox None 10% of the Annuity Amount
Foundation for Parkinson's as computed under Article
Research FIRST (B), for the term of
90 Broad Street, Floor 10 the Trust (paid annually)
New York, NY 10004-2297
Guide Dogs For the Blind, Inc None 2.5% of the Annuity Amount
PO Box 151200 as computed under Article
San Rafael, CA 94195-1200 FIRST (B), for the term of
the Trust (paid annually)
Habitat for Humanity of None 5% of the Annuity Amount as
Franklin County computed under Article
23 North Third Street FIRST (B), for the term of
Chambersburg, P A 17201 the Trust (paid annually)
Human Rights Campaign None 5% of the Annuity Amount as
1640 Rhode Island Ave, NW computed under Article
Washington, DC 20036 FIRST (B), for the term of
the Trust (paid annually)
The Humane Farming Assoc. None 5% of the Annuity Amount as
P.O. Box 3577 computed under Article
San Rafael, CA 94912 FIRST (B), for the term of
the Trust (paid annually)
Jungle Friends Primate None 2.5% of the Annuity Amount
Sanctuary as computed under Article
13915 N. State Road, FIRST (B), for the term of
Suite 121 the Trust (paid annually)
Gainsville, FL 32653
3
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EXHIBIT B
COMMUNITY TRUST COMPANY
FEE SCHEDULE
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EXHIBIT C
MAY M. MOORE FIVE-YEAR CHARITABLE LEAD ANNUITY TRUST
Under Agreement Dated August 24, 1999
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THE MAY M. MOORE
FIVE YEAR CHARITABLE LEAD ANNUITY
TRUST
MAY M. MOORE, now of3300 Waynecastle Road, Greencastle, Franklin County,
Pennsylvania 17225 (hereinafter called the "Donor"), hereby establishes with COMMUNITY
TRUST COMPANY, now of 3907 Market Street, Camp Hill, Cumberland County, Pennsylvania
17011 (hereinafter called the "Trustee"), AMANDA B. REED and ARAMINTA FLEGEL
(hereinafter "Trust Protectors") and DALE E. DANNER or JOHN R. KEELER, now of
KEELER & DANNER FINANCIAL SERVICES, LLP, now of 50 West Main Street, Suite B,
Mechanicsburg, Pennsylvania 17055 (hereinafter called "the Investment Counsel(s)") the
following irrevocable trust and the Trustee and Investment Counsel(s) hereby acknowledge and
accept the terms thereof and agrees, for themselves and their successors in office, to hold property
received under its terms as follows:
FIRST: This trust shall be known as "THE MAY M. MOORE FIVE YEAR
CHARITABLE LEAD ANNUITY TRUST", and shall be administered as follows:
(A) Desienation of Charities. From the date this trust instrument is
funded until the termination date, as defined below, the Trustee shall in each year
pay the annuity amount defined below to the following charities according to the
following amounts, provided that the Trustee, with the advise and consent of
AMANDA B. REED and ARAMINTA FLEGEL, may change or remove any
charity or the distribution percentage to any charity hereunder at any time prior to
the termination of the Trust so long as any change must conform to the
requirement that all annuity distributions shall be to Charities as described in
Sections 170(b)(1)(A), 170(c), 2055(a) and 2522(a) of the Internal Revenue Code
of 1986, or corresponding provisions of any subsequent federal tax laws
(hereinafter collectively called the "Code") :
NAME OF CHARITY
PERCENTAGE
1)
HABITAT FOR HUMANITY
100%
2)
3)
4)
5)
6)
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(8) Annuity Amount. Subject to the Article SECOND below, the
annuity amount for purposes of this trust instrument shall be FIVE PERCENT
(5%) of the initial net fair market value of the trust assets.
(C) Termination Date. The termination date of the trust hereunder
shall be FIVE (5) YEARS from the date of death of the Donor, provided that the
Donor, through her revocable trust or her estate has made the distributions to the
Charities listed above as required herein. If and in the event that the Donor,
through her revocable trust or her estate has not made the distributions to the
Charities listed above as required herein, then the termination date of the trust
hereunder shall be FIVE (5) YEARS from the date this Trust is initially funded.
(D) Distribution Upon Termination. On the termination date, the
trust shall terminate and the remaining trust principal shall be distributed, in equal
shares, to AMANDA B. REED and ARAMINTA FLEGEL. If and in the event
that AMANDA B. REED or ARAMINTA FLEGEL predeceases the
termination date, then the Trustee shall distribute the predeceased individual's
share to their children, in equal shares. If and in the event that AMANDA B.
REED or ARAMINTA FLEGEL predeceases the termination date without
surviving issue, then the predeceased individual's share shall be distributed to the
surviving named individual.
(E) General Power of Appointment. AMANDA B. REED and
ARAMINT A FLEGEL are each hereby granted the power to appoint the
principal of this Trust, in any manner and in such proportions as they jointly or
individually deem advisable, up to the full value of their respective share of the
Trust. This power may only be fulfilled on or after the termination date. This
power shall be exercisable by either or both of their Wills, specifically referring to
this power of appointment of this Trust. The class of permissible beneficiaries to
this power of appointment is limited to AMANDA B. REED, ARAMINTA
FLEGEL, their spouses, if married at the time of the exercise, their issue, or any
charity as defined herein. A proposed exercise to any other beneficiary shall be
void. If AMANDA B. REED and ARAMINTA FLEGEL fail, either in whole
or in part, to exercise this power of appointment herein granted, the unappointed
principal shall continue in trust and shall be administered according to the terms of
this trust.
SECOND: Payments of the annuity amount shall be subject to the following provisions,
notwithstanding any other provisions of this trust instrument:
(A). Order of Distribution in Payments. Payments for each taxable
year shall be made annually at the end of each taxable year of the trust. Payments
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shall be made first from the ordinary taxable income of the trust (including
short-term capital gains) which is not unrelated business income and, to the extent
not so satisfied, the annuity amount shall be paid from FIFTY PERCENT (50%) of
the unrelated business income, the long-term capital gains of the trust, the balance
of the unrelated business income, the tax-exempt income, any accumulated income,
and finally the principal of the trust, in that order. Any net income for a taxable
year in excess of the annuity amount may, in the discretion of the Trustee, be
added to principal.
(B) Proration of Payments. For a short taxable year and for the
taxable year in which annuity payments terminate, the Trustee shall prorate the
annuity amount on a daily basis.
(C) Corrective Payments. In the event that the initial net fair market
value of the property held in the trust has been incorrectly determined and as a
result a payment to the Charities under Article First, Section (A) (hereinafter "the
Charities") exceeds or is less than the payment required to be made hereunder,
then within a reasonable period after the final determination of the correct net fair
market value the Trustee shall pay to the Charities (in the event of an
undervaluation), or shall be repaid by the Charities (in the event of an
overvaluation) an amount equal to the difference between the amount which the
Trustee should have paid if the correct valuation had been used and the amount
which the Trustee actually paid.
THIRD: If any of the Charities is not an organization described in Sections 170(b)( I )(A),
170(c), 2055(a) and 2522(a) of the Internal Revenue Code of 1986, or corresponding provisions
of any subsequent federal tax laws (hereinafter collectively called the "Code") at the time any
payment is to be made to the Charities under Article FIRST above, the Trustee shall instead
distribute such payments to one or more organizations described in said Sections of the Code in
such proportions as the Trustee shall select.
FOURTH: This trust is intended to qualify as a charitable annuity lead trust so
that the value of the interest passing to the Charities is deductible as a charitable guaranteed
annuity under Sections 2055(e)(2)(B) and 2522 (c)(2)(B) of the Code and so that the
annuity distributions to the Charities will be deductible from the gross income of the trust
to the extent provided Section 642( c) of the Code; and, notwithstanding any other provisions of
this trust instrument, the trust is subject to the following provisions:
(A) Self-Dealing. The Trustee shall not engage in any act of
self-dealing as defined in Section 4941 (d) of the Code, nor make any taxable
expenditures as defined in Section 4945(d) of the Code.
(B) Business Interests. Except to the extent provided in Section
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4947(b)(3) of the Code, the Trustee shall not retain any excess business holdings
(as defined in Section 4943(c) of the Code) which would subject the trust to tax
under Section 4943 of the Code, nor shall the Trustee acquire any assets which
would subject the trust to tax under Section 4944 of the Code or retain any assets
which would, if acquired by the Trustee, subject the trust to tax under said Section
4944.
(C) Corrective Action. If Section 4942 of the Code is at any time
applicable to this trust, the Trustee shall make such distributions at such time and
in such manner as not to subject the trust to tax under said Section 4942.
(D) Construction of Restrictions. No provision of this trust
instrument shall be construed to restrict the Trustee from investing the trust assets
in a manner which could result in the annual realization of a reasonable amount of
income or gain from the sale or disposition of trust assets.
(E) Additional Contributions. No additional contributions shall be
made to the trust after the initial contribution.
FIFTH: The trust hereunder is subject to the following provisions:
(A) Spendthrift Provision. No beneficiary shall have the power to
anticipate, encumber or transfer his interest in the Trust Estate in any manner other
than by the valid exercise of a Power of Appointment. No part of the Trust Estate
shall be liable for or charged with any debts, contracts, liabilities or torts of a
beneficiary or subject to seizure or other process by any creditor of a beneficiary.
(B) Distributions to Minors. Any distribution upon termination of the
trust which is to be made to a beneficiary under the age of twenty-one (21) may be
made in any amount, either directly or through a guardian of or custodian for the
beneficiary, or by payment to the beneficiary in person; and the receipt ofthe payee
shall, with respect to each such distribution, he a sufficient discharge to the Trustee
so that the Trustee need not see to the further application thereof.
(C) Definitions of Family. References to "child" or "children" mean
descendants in the first degree only, references to "grandchild" or "grandchildren"
mean descendants in the second degree only, and references to "issue" mean
descendants in the first, second or any other degree; in each case meaning lawful
descendants, whether by blood or by adoption and whether living on the date of
this trust instrument or born or adopted thereafter.
(D) Code. Unless otherwise stated, all references in this Trust to
section and chapter numbers are to those of the Internal Revenue Code of 1986, as
amended, or corresponding provisions of any subsequent federal tax laws
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applicable to this Trust.
(E) Other Terms. Unless the context otherwise requires, the use of
one or more genders in the text includes all other genders, and the use of either the
singular or the plural in the text includes both the singular and the plural.
SIXTH:
Management of the Trust.
(A) Donor's power to direct investments. Donor shall have the power in a fiduciary
capacity to direct the Trustee to purchase, sell, exchange, or otherwise acquire or dispose of
assets. In the case of a variable life insurance or annuity policy, Donor shall have the power in a
fiduciary capacity to direct the investment of the cash value of the policy among the investment
fund options provided in the policy.
During the Donor's lifetime, the Trustee shall not exercise any of the Trustee's powers
over these matters without receiving written directions from the Donor. Notwithstanding the
Donor's authority or the Trustee's limitations, contained in this section, if the Trustee, in the
exercise of its fiduciary duties, is required (1) to make a discretionary or non-discretionary
distribution to a trust beneficiary, (2) to pay trustee's fees, (3) to pay any taxes relating to the
trust, or (4) to pay any other costs or disbursements relating to the trust, the Trustee shall provide
the Donor written notice of such payment and an estimate of the liquidity requirements, and the
Donor shall have fifteen (15) calendar days (from the mailing of the notice) to advise the Trustee
which trust assets to liquidate in order to make the payment and meet the liquidity requirements.
If the Donor does not provide the advice to the Trustee within the fifteen (15) day period, then
the Trustee is authorized to liquidate those trust assets which it deems appropriate to meet the
liquidity requirements based on the Prudent Investor Rule contained in section 5.01(B).
During the Donor's lifetime and unless the foregoing powers have been relinquished or
delegated, the Trustee shall have no duty to review investments or to suggest investments and
shall not be liable to any beneficiary of this trust or any heir of the Donor for losses resulting from
such investments or from failure to make investments while the Donor retains these powers.
Donor, unless having relinquished this duty in writing, retains the obligation to review investments
or make investment suggestions.
Donor may release her power to control trust investments by written instrument delivered
to the Trustee and may reassume the power at any time be written instrument delivered to the
Trustee. If Donor dies or the Trustee receives certificates of two state licensed physicians that
Donor cannot exercise any of these powers, Donor shall be deemed to have released the powers
and the Trustee shall have full power to take any such action, subject to the terms and conditions
of the Prudent Investor Rule. Donor shall be deemed to have reassumed the powers if the
Trustee receives certificates from two licensed physicians that Donor has recovered the abiiity to
exercise the powers.
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Donor acting under this clause shall be deemed to have waived the doctor-patient privilege
to the extent necessary to implement this clause. Failure of physician to comply with the Trustee
in requests for information shall be deemed to be a release of the Donor's retained authority to
review accounts and make investment suggestion until such time as the physician complies. Any
person may transact business with the Trustee without inquiring whether the Donor has directed
the action and without inquiring whether the Donor has reiinquished or become unable to exercise
the power.
(B) Incorporation of Prudent Investor Rule. Unless otherwise directed herein, the
Investment Counsel shall be subject to the Prudent Investor Rule (the "PIR") as adopted by the
Commonwealth of Pennsylvania at 20 P.S.C.A. ~7201 et. seq., as hereby enacted or subsequently
amended, to manage and invest the assets of the trust.
The Donor desires that the Investment Counsel, consistent with the standards of the PIR,
continuously assess the appropriate investment risk tolerance of the trust beneficiaries, and then
invest the trust assets consistent with the purposes, terms, and other circumstances of the Trust
and shall pursue an overall investment strategy reasonably suited to the Trust and the expressed
intent of the Donor. .
The Donor believes, consistent with modem portfolio theory, that the trust total
investment return will be determined primarily by the trust's asset allocation; not market timing or
active management in security selection. The Donor believes that the trust should diversify its
investments with regard to assets classes and individual securities to avoid uncompensated risk.
The Donor does not intend to prohibit the Investment Counsel from engaging in active
management of trust assets where the Investment Counsel reasonably believes active management
can aid in achieving the desired balance between risk and return and the intent of the Trust.
(C) Creation of Investment Policy Statement. The Donor directs that any Investment
Counsel, in managing and investing the assets of the trust estate, establish, in writing, an
appropriate investment policy statement. The investment policy statement shall be reviewed and
updated at least annually. In making the investment policy statement, the Investment Counsel
shall consider and the Donor shall address such issues as: the size of the trust assets; the intended
duration of the trust; liquidity demands and schedules; the duration of the fiduciary relationship;
the expected tax consequences of decisions and distributions between income and principal; the
role each investment will play in the overall investment strategy; the special value or relationship
of any particular asset to the overall intent of the trust; and, to the extent reasonably known, the
income and resources of the beneficiaries and related trusts. The Investment Counsel shall
annually discuss the projected distributions, expenses and costs of the Trust account and shall
establish an asset allocation model and the investments shall comply to the model. In the event
that no consensus may be reached concerning the asset allocation model, the Investment Counsel
shall operate within the context of the asset allocation model established by the Donor, unless the
Investment Counsel obtains a bond or other security to assure the Donor or Trustee of the
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preservation of the Trust's goals.
(D) Employment of and Deleeation to Investment A~ent. The Donor directs that the
investment functions of the Trust shall be held by DALE E. DANNER or JOHN R. KEELER,
now of KEELER & DANNER FINANCIAL SERVICES,LLP, now of 50 West Main Street,
Suite B, Mechanicsburg, Pennsylvania 17055, in their individual capacities as the "Investment
Counsel(s)" for the Trust Account. Pursuant to the above-described authority, Donor delegates
Investment Functions to the Investment Counsel, in their individual capacity. In acceptance
thereof, the Investment Counsel shall be granted all investment authority under the governing
instrument and the laws of the Commonwealth of Pennsylvania, subject to the following
limitations:
(1) If the Investment Counsel invests in Mutual Funds,
then the Investment Counsel shall invest in funds with a minimum rating of three
(3) stars under the Morningstar Rating system; and
(2) If the Investment Counsel selects any investment not
already an asset under the governing instrument at the time of funding of the
governing instrument, Investment Counsel must be able to demonstrate and
document performance history for such proposed investment for the preceding
three (3) years or the investment shall be approved in writing by the Donor or the
Trust Protectors; and
(3) The Donor understands that Investment Counsel
may derive a fee for the investment advisory services provided to
the Trust. The Donor understands that Investment Counsel may
derive a commission from the sale of securities and/or investment
products to, and on behalf of, the Trust. The fees and commissions
will be paid, either directly or indirectly, from the Trust Account by
the Trustee to Investment Counsel.
(4) This Investment Delegation may be changed,
amended or terminated by Donor at any time by thirty (30) days
advance written notice given to the Investment Counsel. As to the
Trustee, the investment direction change, amendment or
termination will become effective with advance written notice given
to, and signed by, the Donor. After the death of the Donor, the
Investment Delegation may be changed, amended or terminated by
a majority of the Trust Protectors at any time subject to the same
terms and conditions.
(5) If, prior to the time Donor or Trust Protectors
change, amend or revoke the Investment Delegation, the Trustee
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receives income or principal from any source, the Trustee is
authorized to invest the funds in a money market-type account at
the Trustee's discretion, including an account from which the
Trustee derives a SEC section 12(b)-1 and/or sweep fee.
(6) Trustee agrees to use its best efforts to execute any
and all investment directions given to it in writing by the Investment
Counsel, provided that Trustee will not be liable to Donor, Trust
Protectors, current income beneficiaries and remaindermen if the
investments cannot be executed due to circumstances beyond the
control of the Trustee, including delay outside the control of the
Trustee.
(7) Unless otherwise directed, the Investment Counsel
shall be subject to the Prudent Investor Rule (the "PIR") as adopted by the
Commonwealth of Pennsylvania at 20 Pa.C.S.A. 97201 et. seq., as enacted or
subsequently amended, to manage and invest the assets of the trust.
(8) Except as otherwise provided in this Agreement, the
duties and responsibilities of the Donor, the Trust Protectors, the
Investment Counsel and the Trustee will be controlled by the terms
of the Trust as more fully described in the Trust Agreement..
(E) Trust Protector Directed Investments. Upon the death of the Donor,
AMANDA B. REED and ARAMINTA FLEGEL, as the Trust Protectors, may select, in
writing delivered to the Trustee, either the investments or the Investment Counsel for the Trust,
provided that both AMANDA B. REED and ARAMINTA FLEGEL must agree to such listed
investments and counsel in writing to the Trustee under such terms and conditions as the Trustee
may require including, but not limited to, indemnification agreements. If AMANDA B. REED
and ARAMINTA FLEGEL assume or otherwise accept such responsibility, then the Trustee
shall be exempt from claims of the remaindermen for the investment decisions made by such
Trust Protectors or the Investment Counsel(s).
(F) Nonliability of Trustee for Directed Investments. The Trustee shall not be
liable to any beneficiary or to any heir for an appointed Investment Counsel's acts or failure to act,
in directing the investments of the trust where the Investment Counsel was appointed by the
Donor or the Trust Protectors.
(G) Delegation to Investment Counsel by Trustee. In the absence of
appointment of an Investment Counsel by the Donor or the Trust Protectors, the Trustee may
delegate investment responsibilities to any Investment Counsel for any reason and regardless of
the Trustee's own skills concerning investments; provided, however, Investment Counsel so
selected shall be either registered as an Investment Advisor with the U.S. Securities and Exchange
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Commission, a Trust Company, or a state chartered or national bank with fiduciary powers. If
investment powers are delegated to Investment Counsel, the Trustee shall abide by the Investment
Counsel's decision but shall not be held liable or otherwise surcharged for losses directly
attributable to investments made on the Investment Counsel's advice as consistent with the
standards established for delegation to Investment Counsel under the PIR standards for delegation
of investment powers at 20 Pa.C.S.A. ~ 7206. While the investment powers are delegated to
Investment Counsel, the Trustee shall not be required to review trust investments or take action
on trust investments unless the Trustee receives written instructions from Investment Counsel.
The Trustee may, but shall not be required to demand a bond from any professional Investment
Counsel.
The Trustee shall have the power exercisable in the Trustee's discretion to discharge such
Investment Advisor and to employ other counsel or to administer the trust without such counsel.
Consistent with the standards of the PIR, the Trustee shall have the responsibility to prudently
select any Investment Counsel and shall only be required to discharge Investment Counsel if
apprized of facts clearly indicating that Investment Counsel is not performing competently.
Furthermore, the Trustee shall not be held liable for any actions of the professional Investment
Counsel provided that the Trustee has exercised reasonable care in selecting such Investment
Counsel and has established a specific scope and term of delegation or responsibility for such
Investment Counsel.
(H) General Powers. The Donor directs that the general management functions of the
Trust shall be held by COMMUNITY TRUST COMPANY, now of3907 Market Street, Camp
Hill, Cumberland County, Pennsylvania 17011, in its capacity as Trustee. In addition to other
powers, the Trustee shall have the following powers with respect to the trust and its property, in
each case to be exercised from time to time at discretion and without order or license of court;
provided that no power granted herein may be exercised by the Trustee if such exercise would in
any way defeat the intent of the Donor that the trust hereunder qualify as a charitable annuity lead
trust so that the value of the interest passing to the Charities is deductible as a charitable
guaranteed annuity under Sections 2055(e)(2)(B) and 2522(c)(2)(B) of the Code and so that the
all..'1uity distributions to the Charities 'Nill be deductible from gross income of the trust to the
extent provided by Section 642(c) of the Code:
(1) To retain indefinitely, and to invest and reinvest in, stocks, shares, general or
limited interests, obligations and other securities or any other kind of personal or
real property, even though any or all of the investments made or retained are of a
character or size which but for this express authority not be considered proper for
a trustee;
(2) To sell, to exchange, to lease and to make contracts concerning personal or real
property, for such consideration and upon such terms as to credit or otherwise as
the Trustee considers advisable, which leases and contracts may extend beyond the
term of the trust; to give options on real or personal property of the trust; to
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establish depreciation, depletion, tax or any other reserves; and to execute deeds,
transfers, leases, and other instruments of any kind;
(3) To hold securities or other property in the name of the Trustee or of any other
person, firm or corporation, without indication of any fiduciary capacity;
(4) To compromise or submit to arbitration any claim or matter in dispute;
(5) To give general or special proxies or powers of attorney (which mayor may not be
discretionary and with power of substitution) for voting or acting with respect to
securities; to deposit securities with, or transfer them to, protective committees,
voting trustees or similar bodies; to join in any reorganization; and to pay
assessments or subscriptions called for in connection with securities held by the
Trustee;
(6) To employ investment counsel and consult with them concerning the investments
and management of the trust; to employ a custodian, attorneys and any other
special service; and, in addition to the compensation and expenses of the Trustee,
to pay the compensation and expenses of such investment counsel, custodian,
attorneys and other special services;
(7) To credit particular receipts or gains, and to charge particular disbursements or
losses or charges, to income or to principal of the trust or to apportion them
between income and principal, whether such credits or charges relate to bonds
acquired at a premium, to reserves or to any other matter, all as the Trustee
considers fair and reasonable in each case; and
(8) To make any division or distribution of, or payment from, the trust, in kind by the
fair and reasonable allotment and transfer of specific securities or other personal or
real property or undivided interests therein, at then current values, in lieu of cash,
as a part or the whole of anyone or more shares or payments. The adjusted basis
for federal income tax purposes of any trust property which the Trustee distributes
in kind to charity must be fairly representative of the adjusted basis for such
purposes of all trust property available for distribution on the date of distribution.
In the event that a named charity is serving as Trustee hereunder, the Trustee may in its
discretion (i) mingle or combine any of the investments or property of this trust with other funds
held by the charity as Trustee in one or more partnerships with investment objectives that the
Trustee deems appropriate, or any other common fund in which each of the several contributing
trusts shall have an undivided proportionate interest and (ii) invest any of the property of this trust
in units of the General Investments Account of the charity and thereby commingle the trust
property with other funds held by the charity for investment purposes; provided, however, that in
any event the trust hereunder shall at all times be identified by the charity as a separate and
10
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distinct trust and shall so be commingled, combined and invested for convenience of
administration only.
SEVENTH: References in this trust instrument to the 'Trustee" mean the trustee,
whether original or successor, for the time being in office. Any Trustee may resign by giving
written notice to the Charities and the named remainder beneficiaries and to the one or more
persons of full legal capacity then entitled to accounts as provided in Article EIGHTH below.
In case of any vacancy in the office of Trustee, a successor Trustee may be appointed in
writing by the Donor, ifthe Donor is then living and of full legal capacity, or if the Donor is not
then living and of full legal capacity, by the Trust Protectors, or if none, by the Charities Each
such appointment shall take effect upon written acceptance of the office; provided that neither the
Donor nor a member of the Donor's family shall be appointed as Trustee.
No Trustee named herein or appointed as provided above need furnish any bond or surety.
No one dealing with the Trustee need inquire concerning the validity of anything the Trustee
purports to do or need see to the application of any money paid or property transferred to or
upon the Trustee's order.
EIGHTH: The Trustee shall render an account of the trust at least as often as annually to
the Donor during the Donor's lifetime, and thereafter to the beneficiary or beneficiaries to whom
the remainder interest would be distributed under paragraph (b) of Article FIRST above if the
trust were to terminate on the last day of the period for which the account is rendered; and if the
Donor or any such beneficiary is not of full age and legal capacity when an account is rendered,
such account shall instead be rendered to his or her legal guardian or similar legal representative,
if any. The written assent to any such account by each person of full legal capacity to whom it is
rendered as provided above shall fully protect the Trustee as to all matters and transactions stated
in such account or shown thereby. The failure of any person to whom an account has been
rendered to object in writing within thirty (30) days of receipt of said account shall be deemed an
assent thereto. Nothing in this Article shall be deemed to give anyone the power to modify the
terms of this trust instrument or to alter or shift any beneficial interest created hereunder.
NINTH: The taxable year of this trust shall be the calendar year.
TENTH: This trust shall be irrevocable and shall not be subject to alteration or
amendment, except that the Trustee may in writing amend this trust instrument at any time or
times to enable the trust hereunder to continue to qualify as a charitable annuity lead trust as
described in Sections 2055(e)(2)(B) and 2522(c)(2)(B) of the Code, regulations thereunder and
decisional law. No income or principal of the trust shall be used for the benefit of the Donor or to
pay premiums on any policy of insurance on the life of the Donor; no loans shall be made, directly
or indirectly, from the trust hereunder to the Donor; no property shall be bought from, sold to,
exchanged with or leased to or from any person for less than full and adequate consideration in
money or money's worth; and the Donor shall not have the power to control in any manner the
11
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administration of the trust hereunder. In the event that any power does exist in this document
which would be in violation of the Code, then such power shall be declared null and void and the
remaining powers and authorities shall remain intact. The Trustee shall take all necessary and
proper actions to preserve the charitable intent of this Trust.
ELEVENTH: The original of each alteration or amendment of this trust instrument by
the Trustee, each resignation or appointment of a Trustee, and each acceptance of appointment,
shall be kept attached to the original trust instrument, which shall be held by the Trustee. Anyone
may rely on a copy, certified 'by a notary public, of this trust instrument or of any writings
attached thereto as fully as on the original document; and anyone may rely fully upon any
statements of fact certified by anyone who appears from the original document ora certified copy
thereof to be a Trustee hereunder.
TWELFTH: This trust instrument and the trust hereunder shall be governed, construed
and administered in accordance with the provisions of the Code from time to time applicable
thereto and by the laws of the Commonwealth of Pennsylvania from time to time in force.
SIGNED and SEALED this A day of November, 2001, for the purposes stated
herein.
al}1'Vl~ f5 AQpr/ ,I PO A .
A Y M.MOORE, DONOR
COMMONWEALTH OF PENNSYLVANIA
SS:
COUNTY OF CUMBERLAND
On this, the J!!2 day of November, 2001, before me, a Notary Public, the undersigned
officer, personally appeared MAY M. MOORE, known to me (or satisfactorily proven) to be the
person whose nfu'le is subscribed to the within Trust Agreement, and acknowledged that she
executed the same for the purposes therein contained.
IN WITNESS WHEREOF, I have set my hand and official Seal.
(~~)W11Ju
Notary Public
My Commission Expires:
I NG~arj3.i Sea!
Teri L. \/IJaiker) Notary Public:
. . "'___.uO_ r.____ ,r" , , ,._, .
I L:':-:'_l lUVIIt; DUll)) t...UflIlH::Hli::l.rlU \......ourny
I My (";omrnission Exp:res jan. 20, 2003
~~J10";'~ P(;~r~\;:!_,.1\s~~ociation (;t "r.Joie.rjes
12
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The foregoing Trust Agreement was delivered, and is hereby accepted, at Camp Hill,
Pennsylvania, on November _, 2001.
ATTEST:
COMMUNITY TRUST COMPANY,
TRUSTEE
\.5.c.-,,:'Od 4/)?;;rse // .
4'::i(;I", 5-/4-/1/ ~"'c'/ek/
/
d
~~ /J. /// <:",
WIT~
~j~---
KIMBERL H R- T SLER,
PRESIDENT
~_d?C;;~
~~~ifi:g_/
ARAMINTAFL GEL, (
TRUST PROTECTOR
~
A ~/~ /'
WiTNE'V
/i
_..~,//
{/ // " ., .
'~)._ l\Rj) ~.,
AMANDA B. REED,
TRUST PROTECTOR
ATTEST:
KEELER & DANNER FINANCIAL
SERVICES, LLP
BY:~. [. ~~
DALEE. DANNER, GENERAL
PARTNER
13
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SCHEDULE "A"
SCHEDULE
REFERRED TO IN THE ANNEXED
TRUST AGREEMENT
DATED: NOVEMBER -+-,2001
FROM MAY M. MOORE, DONOR
TO COMMUNITY TRUST COMPANY, TRUSTEE,
AMANDA B. REED AND ARAMINTA FLEGEL, TRUST PROTECTORS,
AND
KEELER & DANNER FINANCIAL SERVICES, LLP, INVESTMENT COUNSEL
------------------------------------------------------------------------------------------------------------------
PROPERTY DESCRIPTION:
14
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EXHIBIT D
RE-DESIGNATION OF CHARITIES
dated August 6, 2002
.
.
REDESIGNATION OF CHARITIES
UNDER
THE MAY M. MOORE
FIVE YEAR CHARITABLE LEAD ANNUITY TRUST
THIS AMENDMENT TO TRUST is executed this M day of /fyt./~/ ' 2002,
upon the review and consent of COMMUNITY TRUST COMPANY, (hereinafter referred to
as "Trustee"), and AMANDA B. REED and ARAMINTA FLEGEL, (hereinafter referred to as
"Trust Protectors").
WHEREAS, during her lifetime, May M. Moore established The May M. Moore Five
Year Charitable Lead Annuity Trust (hereinafter "Five Year CLA T") by and between herself as
Donor, Community Trust Company as Trustee, and Amanda B. Reed and Araminta Flegel as
Trust Protectors;
WHEREAS, Article First (A) of the Five Year CLAT designates Habitat for Humanity as
the sole charitable beneficiary and having 100% interest in the Five Year CLA T;
WHEREAS, Article First (A) of the Five Year CLAT also provides that the Trustee may
change or remove any charity or distribution percentage to any charity prior to the termination of
the Trust with the advise and consent of the Trust Protectors;
WHEREAS, Trustee has been advised that the Trust Protectors have provided a list of
nominated charities that, upon presentation by the Trustee, the Trust Protectors would cons.ent to
as the newly designated charities under Article First (A) of the Five Year CLAT;
WHEREAS, the Trustee and Trust Protectors acknowledge that, to their information and
belief, all the of proposed charities conform with Sections 170(b)( 1 )(A), 170( c),
2055(a) and 2522(a) of the Internal Revenue Code of 1986;
.
.
WHEREAS, as of the date of the execution of this document, the Five Year CLAT has
not been funded; therefore, the originally designated charity, Habitat for Humanity, has not
received any distribution of income from the Five Year CLA T;
WHEREAS, the Trustee desires to change the designated charities in accordance with
the list of charitable beneficiaries provided in the attached Schedule "A" by the Trust Protectors;
and,
WHEREAS, the attached Schedule "A" to Redesignation of Charities is incorporated by
reference as though more fully set forth herein.
NOW, THEREFORE, Community Trust Company, Trustee, and Amanda B. Reed and
Araminta Flegel, Trust Protectors, hereby accept the redesignation of charities in the proportions
outlined on the attached Schedule "A".
IN WITNESS WHEREOF, the Community Trust company, Trustee, and Amanda B.
Reed and Araminta Flegel, Trust Protectors, have hereunto set their hands and seals as of the day
and year first above written.
WITNESS:
COMMUNITY TRUST COMPANY,
TRUSTEE:
'~R~~
VICE PRESIDENTffRUST OFFICER
.
.
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF (~( tiJ ~1 fa ~.?d
l-bt )
On this, the U1 day of , 2002, before me, a Notary Public, the
undersigned officer, personally appeared usan A. Russell who acknowledged herself to be the
Vice President and Trust Officer of Community Trust Company, a Pennsylvania registered trust
company, and that she as such, being authorized to do so, executed the foregoing instrument for
the purposes therein contained by signing the name of the corporation by herself as Vice
President and Trust Officer.
: SS:
IN WITNESS WHEREOF, I hereunto set my hand and official seal.
{2!/
Notary Pu
My CommIssion Expires:
r-
~..---,
Notarial Seal
Audry J. Ritter, Notary PuJjIc
Hampden Twp., Cumberland County
C6mmIssIon expires July 12, 2004
......A..~una_......ldfitlllllBl
.
.
WITNESS:
l;xt1~iria) t A~ )
AMANDA B. REED,
TRUST PROTECTOR
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF Ca m Iu/l It? /l d
On this, the J /5f my of f2(:Jt4}{ , 2002, before me, a Notary Public, the
undersigned officer, personally appear AMANDA B. REED, known to me (or satisfactorily
proven) to be the person whose name is subscribed to the within document, and acknowledged
that she executed the same for the purposes therein contained.
SS:
IN WITNESS WHEREOF, I have set my hand and official seal.
1t??u'/. ~/~c
Notary Public
My Commission Expires:
_h....____,....'-'-='"'"'__..,~~'.......
. ..'-.--...............-..."'"""'~~...~. -.'--'. -..
I Noiarial Seal '.
Traci L. Sepkovic, Notary Public !
Lemoyne .B~ro, Cumberland County i
L~Pires July 7,20'-\... .'
;.,.,:-::.':'.'"!t~ll::'~ CJ,:">~.....,.,., .1. ,__:_ ,,""~'''''-''''''.~'',~-'~''"'.'~'' ..,----~
, . . . ' . . ---j -,' ---:-_~r"".'<<l-":',-.."-
.
.
WITNESS:
~~Zj;4
-i)~~~t:-
ARAMINTA FL E,
TRUST PROTECTOR
COMMONWEALTH OF PEl~5 fL v Al~IA
1'1 a rLj I OrIel ss:
COUNTY OF H-PcHrt' cJ<---
On this, the 3Q day of A-l J r hrl-- , 2002, before me, a Notary Public, the
undersigned officer, personally ap~A FLEGEL, known to me (or satisfactorily
proven) to be the person whose name is subscribed to the within document, and acknowledged
that she executed the same for the purposes therein contained.
IN WITNESS WHEREOF, I have sel my hand ~ ~~
Notary Public
My Commission Expires: J ~: ...2 !TV 3
.
.
, The fo.regoing Redesignation of Charities was delivered, and !s hereby accepted, at
~-~-7;<? /~II , Pennsylvania, on the c:;'7IJ day of 1Sr J,~7 , 2002.
WITNESS:
COMMUNITY TRUST COMPANY,
TRUSTEE:
~-~~tiE-f
. BY: SUSAN A. RUS ELL,
VICE PRESIDENTITRUST OFFICER
.
.
SCHEDULE "A"
to
REDESIGNATION OF CHARITIES
NAME OF CHARITY
PERCENTAGE
Habitat for Humanity
Five Percent (5%)
The Nature Conservancy
Five Percent (5%)
The American Diabetes Association
(to be use for the purposes of research only)
Five Percent (5%)
Cystic Fibrosis Foundation
Five Percent (5%)
AARP Andrus Foundation
Five Percent (5%)
UNICEF
Ten Percent (10%)
W AMU 88.5 American University Radio
Five Percent (5%)
The Susan G. Komen Breast Cancer Foundation
Five Percent (5%)
American Foundation for AIDS Research
Five Percent (5%)
America's Second Harvest
Five Percent (5%)
Guide Dogs for the Blind, Inc.
Two and One-Half Percent (2-~%)
American Society of Addiction Medicine, Inc.
Five Percent (5%)
Human Rights Campaign Foundation
Five Percent (5%)
Center for Ecosystem Survival
Five Percent (5%)
Jungle Friends Primate Sanctuary, Inc.
Two and One-Half Percent (2-Y2%)
Michael J. Fox Foundation for Parkinson Research
Ten Percent (10%)
Humane Farming Association
Five Percent (5%)
Prevent Child Abuse America
Ten Percent (10%)