HomeMy WebLinkAbout03-05-07
.
.
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, P A.
ORPHANS' COURT DIVISION
NO. 21-06-1090
AMENDED
FIRST AND FINAL ACCOUNT
THE REVOCABLE TRUST AGREEMENT OF
PAULA R. PFUEFER
Under Agreement Dated January 21, 1998, as Amended and
Restated Under Agreement Dated August 18, 1998
STATED BY - COMMUNITY TRUST COMPANY, TRUSTEE
Federal Tax ill Number:
Date of Trust:
Date of First Receipt of Assets:
Accounting for the period:
56-6567184
08/18/1998
05/01/2004
05/01/2004 -to- 11/07/2006
Purpose of Account: The Trustee offers this Account to acquaint
interested parties with the transactions that have occurred during the
administration of the Trust.
It is important that the Account be carefully examined. Requests for
additional information, questions or objections can be discussed with:
Lowell R. Gates, Esquire
Gates, Halbruner & Hatch, P.C.
1013 Mumma Road, Suite 100
Lemoyne, P A 17043
Phone: (71 7) 731-9600
Facsimile: (717) 731-9627
Supreme Court I.D. No. 46779
LO :1"1 t\d S- LDul
Page -1-
"~
. THE PAULA R. PFEUFER .
CHARITABLE REMANDER UNITRUST
DATED 08/18/1998
SUMMARY OF ACCOUNT
For The Period 05/01/2004 to 11/07/2006
PrinciDal Paae
I. Beginning Balance - Principal $0.00
Principal Received 5 265,969.38
Subsequent Receipts 6 15,177.09
Net Unrealized Gain /Loss 7 40,588.85
Net Realized Gain/Loss on Sales or Dispositions 7 1,390.40
Total Principal Receipts $ 323,125.72
Less Disbursements
General Disbursements
Fees
Tax Preparation fees 8 -850.00
Trustees fees 8 -6,869.93
Legal Fees 8 -403.00
Total fees -8,122.93
Distributions to Beneficiary 9 -29,415.72
Total Principal Disbursements $ (37,538.65)
Principal Balance on Hand $ 285,587.07
For Information:
Principal Investments Made 10
Page -2-
. THE PAULA R. PFEUFER .
CHARITABLE REMANDER UNITRUST
DATED 08/18/1998
SUMMARY OF ACCOUNT
For The Period 05/01/2004 to 11/07/2006
Income Paae
I. Beginning Balance - Income $0.00
Dividends Received 11-14 17,314.16
Capital Gain Distributions 14 ~,161.89
Total Principal Receipts 18,476.05
Less Disbursements
Trustees fees 15 -1,411.18
Transfer from Income to Principal 15 -6,001.17
Distributions to beneficiary 16 -7,415.66
Total Income Disbursements -14,828.01
Ending Income Balance 4 3,648.04
COMBINED BALANCE ON HAND 4 $289,235.11
CAPITAL GAIN/LOSS DETAIL
Schedule A
CHARITABLE REMAINDER UNITRUST
STATEMENTS AND CALCULATIONS
Schedule B
VERIFICATION
Last Page
Page -3-
.
.
THE PAULA R. PPBUPER CHARITABLE REMANDBR UNITRUST
DATED 08/18/1998
REPORT OF ASSETS REMAINING ON BAND AS OF 11/07/06
Units
Market Value
Price 11/07/06
Book
Value
BONDS
U.S. GOVT & AGENCY OBLIGATIONS
1. FEDERATED INCOME 3007
TRUST FUND #36
2. VANGUARD SHORT-TERM 1153
FEDERAL FUND #049
3. US SVGS BDS SER EE 36000
MATURITY 10/01/1996
0% 10/01/2016
OTHER OBLIGATIONS
4. VANGUARD TOTAL BOND 3187
MARKET FUND #84
5. VANGUARD WELLESLEY 2795
INCOME FUND #027
10.2100
30,699.33
31,000.00
10.2900
11,861. 67
12,000.00
1.4000
50,400.00
25,411. 51
9.9900
31,840.64
32,000.00
22.3200
62,388.44
58,000.00
------------- -------------
------------- -------------
TOTAL BONDS
187,190.08
158,411. 51
STOCKS
MUTUAL FUNDS
6. FED STOCK TRUST FUND 663 34.9200 23,139.14 23,000.00
#019
7. FED MID-CAP FUND 1497 23.5600 35,271.94 29,403.26
#151
8. VANGUARD EXPLORER 123 80.4900 9,911.54 8,307.44
FUND #024
9. VANGUARD 500 INDEX 185 127.5500 23,642.16 19,443.80
FUND #40
------------- -------------
------------- -------------
TOTAL STOCKS 91,964.78 80,154.50
TOTAL INVESTMENTS 279,154.86 238,566.01
* INCOME CASH ON HAND 3,648.04 3,648.04
* PRINCIPAL CASH ON HAND 6,432.21 6,432.21
------------- -------------
TOTAL ASSETS 289,235.11 248,646.26
TOTAL CASH:
10,080.25
*Income and principal cash are held in
FEDERATED GOV'T OBLIGATIONS FD #395
Current interest rate is 4.887022 percent.
Page -4-
.
.
PRINCIPAL RECEIPTS
Principal Receipts as of Mav 1. 2004
Principal Balance
Received from Paula Pfeufer CRUT, SunTrust
Bank as retiring Trustee, for the uses
and purposes as set forth in her Deed of Trust
dated August 18, 1998, consisting of:
Cash Additions
06/10/04 RECEIVED FROM SUNTRUST BANK; RETIRING
TRUSTEE INITIAL CASH TRANSFER
07/07/04 RECEIVED FROM SUNTRUST BANK; PRINCIPAL
CASH TRANSFER
07/07/04 RECEIVED FROM SUNTRUST BANK; INCOME
CASH TRANSFER
07/23/04 RECEIVED FROM SUNTRUST BANK; FINAL
TRANSFER
Total Cash Addition
Asset Additions
Pree Receipt of an Asset
US SVGS BDS SER EE MATURITY 10/01/1996
0% 10/01/2016
06/09/04 36,000 units
RECEIVED FROM RETIRING TRUSTEE - SUNTRUST BANK
Total Asset Additions
Total Principal Receipts
$ 0.00
232,000.00
1,505.39
6,950.00
102.48
240,557.87
25,411. 51
25,411.51
265,969.38
Page - 5 -
.
.
SUBSEQUENT PRINCIPAL RECEIPTS
Capital Gains Distributions Received
Short-Term Cap Gains Distributions
VANGUARD SHORT-TERM FEDERAL FUND #049
12/31/04
Total Short-Term Cap Gains Distributions
Long-Term Cap Gains Distributions
FED STOCK TRUST FUND #019
11/25/05
FED MID-CAP FUND #151
11/26/04
11/25/05
VANGUARD EXPLORER FUND #024
12/23/04
12/30/05
VANGUARD TOTAL BOND MARKET FUND #84
12/31/04
03/31/05
VANGUARD WELLESLEY INCOME FUND #027
12/17/04
12/16/05
VANGUARD SHORT-TERM FEDERAL FUND #049
12/31/04
Total Long-Term Cap Gains Distributions
Transfers From Income to Principal
03/31/06
06/30/06
09/11/06
09/28/06
Total Transfer Income to Principal
Total Subsequent Receipts
2.31
2.31
4,431.56
1,070.47
1,697.11
12.03
764.10
19.12
6.37
106.22
1,048.19
18.44
9,173.61
1,499.25
3,609.64
282.64
609.64
6,001.17
15.177.09
Page - 6 -
.
.
PRINCIPAL GAINS OR LOSSES ON SALES OR OTHER DISPOSITIONS
Trust Assets Balance as of November 7, 2006
Market Value
289,235.11
Acquisition (Book) Value
-248,646.26
Total Unrealized Gains
40,588.85
Summary of realized gains and losses for the period of
May 1, 2004 through November 7, 2006
Long term gain from sales
Long term loss from sales
1,390.40
0.00
Net long ter.m loss
1,390.40
Total Realized Gain/Loss
1,390.40
SEE ATTACHED CAPITAL GAIR/LOSS DETAIL OR SCHBDULE A.
Page - 7 -
.
DISBURSEMENTS OF PRINCIPAL
General Disbursements
Fees
Fiduciary Tax Prep Fee
05/10/05
03/14/06
Total Fiduciary Tax Prep Fee
Trustee Fees
07/13/04 FOR 1 MONTH (S) ENDING 06/30/04
08/10/04 FOR 1 MONTH (S) ENDING 07/31/04
09/13/04 FOR 1 MONTH (S) ENDING 08/31/04
10/13/04 FOR 1 MONTH (S) ENDING 09/30/04
11/10/04 FOR 1 MONTH (S) ENDING 10/31/04
12/10/04 FOR 1 MONTH (S) ENDING 11/30/04
01/12/05 FOR 1 MONTH (S) ENDING 12/31/04
02/10/05 FOR 1 MONTH(S) ENDING 01/31/05
03/10/05 FOR 1 MONTH(S) ENDING 02/28/05
04/11/05 FOR 1 MONTH(S) ENDING 03/31/05
05/10/05 FOR 1 MONTH(S) ENDING 04/30/05
06/10/05 FOR 1 MONTH(S) ENDING 05/31/05
07/08/05 FOR 1 MONTH(S) ENDING 06/30/05
08/08/05 FOR 1 MONTH (S) ENDING 07/31/05
09/09/05 FOR 1 MONTH (S) ENDING 08/31/05
10/11/05 FOR 1 MONTH (S) ENDING 09/30/05
11/08/05 FOR 1 MONTH (S) ENDING 10/31/05
12/08/05 FOR 1 MONTH(S) ENDING 11/30/05
01/09/06 FOR 1 MONTH (S) ENDING 12/31/05
02/07/06 FOR 1 MONTH(S) ENDING 01/31/06
03/07/06 FOR 1 MONTH(S) ENDING 02/28/06
09/12/06 FOR 1 MONTH(S) ENDING 08/31/06
10/06/06 FOR 1 MONTH(S) ENDING 09/30/06
11/06/06 FOR 1 MONTH (S) ENDING 10/31/06
Total Trustee Fees
.
Legal Fees
07/13/04 GATES, HALBRUNER & HATCH, P.C.
PLAN DOCUMENT REVISIONS; INVOICE 30048
Check # 011764
Total Legal Fees
Total Fees Paid
-425.00
-425.00
-850.00
-281.90
-283.00
-284.66
-286.57
-284.95
-289.10
-293.47
-288.00
-290.22
-287.56
-282.55
-286.75
-288.73
-288.46
-288.49
-284.80
-281.52
-286.07
-286.91
-287.82
-287.97
-282.64
-281. 78
-286.01
-6,869.93
-403.00
-403.00
-8,122.93
Page - 8 -
.
.
PRINCIPAL DISTRIBUTIONS TO BENEFICIARIES
Unitrust Distributions
07/29/04 PAID TO BRUCE PFEUFER PARTIAL
DISTRIBUTION OF 2004 UNITRUST AMOUNT
10/01/04 PAID TO BRUCE PFEUFER PARTIAL
DISTRIBUTION OF 2004 UNITRUST AMOUNT
01/07/05 PARTIAL DISTRIBUTION OF 2005 UNITRUST
AMOUNT
04/01/05 BRUCE PFEUFER
PARTIAL DISTRIBUTION OF 2005 UNITRUST
AMOUNT FOR DEPOSIT TO WACHOVIA BANK
Check # 012994
01/04/06 BRUCE PFEUFER
PARTIAL DISTRIBUTION OF 2006 UNITRUST
AMOUNT FOR DEPOSIT TO WACHOVIA BANK
Check # 014691
03/31/06 BRUCE PFEUFER
PARTIAL DISTRIBUTION OF 2006 UNITRUST
AMOUNT FOR DEPOSIT TO WACHOVIA BANK
Check # 015193
06/30/06 BRUCE PFEUFER
PARTIAL DISTRIBUTION OF 2006 UNITRUST
AMOUNT FOR DEPOSIT TO WACHOVIA BANK
Check # 015937
09/28/06 BRUCE PFEUFER
PARTIAL DISTRIBUTION OF 2006 UNITRUST
AMOUNT FOR DEPOSIT TO WACHOVIA BANK
Check # 016454
Total Unitrust Distributions
-3,780.75
-3,780.75
-3,707.83
-3,707.83
-3,609.64
-3,609.64
-3,609.64
-3,609.64
-29.415.72
Page - 9 -
.
.
PRINCIPAL INVESTMENTS MADE
Asset Purchases and Transfers
Purchase of an Asset
FED STOCK TRUST FUND #019
06/17/04 Purchased 662.633 shares at 34.71
FEDERATED INCOME TRUST FUND #36
06/17/04 Purchased 3,006.79 shares at 10.31
FED MID-CAP FUND #151
06/17/04 Purchased 1,629.328 shares at 19.64
VANGUARD EXPLORER FUND #024
06/18/04 Purchased 164.819 shares at 66.74
Exchanged from #30
VANGUARD TOTAL BOND MARKET FUND #84
06/18/04 Purchased 3,187.251 shares at 10.04
Exchanged from #30
VANGUARD WELLESLEY INCOME FUND #027
06/18/04 Purchased 2,795.181 shares at 20.75
Exchanged from #30
VANGUARD SHORT-TERM FEDERAL FUND #049
06/18/04 Purchased 1,152.738 shares at 10.41
Exchanged from #30
VANGUARD PRIME MONEY MARKET FUND #030
06/16/04 purchased 135,000 units at 1.00
VANGUARD 500 INDEX FUND #40
06/18/04 Purchased 209.724 shares at 104.90
Exchanged from #30
Total Purchase of an Asset
Capital Gains Reinvestment
VANGUARD EXPLORER FUND #024
12/30/05 10.114 shares at 75.55
Total Capital Gains Reinvestment
Total Purchase of an Asset
-23,000.00
-31,000.00
-32,000.00
-11,000.00
-32,000.00
-58,000.00
-12,000.00
-135,000.00
-22,000.00
-356,000.00
-764.10
-764.10
-356,764.10
Page -10-
.
Dividends Received
INCOME RECEIPTS
TRUST FtJRD #019
.098/share on 662.63 shares
.108/share on 662.63 shares
.15/share on 662.63 shares
.113/share on 662.63 shares
.113/share on 662.633 shares
.113/share on 662.633 shares
.128/share on 662.633 shares
.087/share on 662.633 shares
.07/share on 662.633 shares
.081/share on 662.633 shares
INCOMB TRUST FtJRD #36
FBD STOCK
06/25/04
09/27/04
12/28/04
03/28/05
06/27/05
09/27/05
12/28/05
03/27/06
06/27/06
09/26/06
FBDBRATBD
06/30/04
07/31/04
08/31/04
09/30/04
10/31/04
11/30/04
12/31/04
01/31/05
02/28/05
03/31/05
04/30/05
05/31/05
06/30/05
07/31/05
08/31/05
09/30/05
10/31/05
11/30/05
12/31/05
01/31/06
02/28/06
03/31/06
04/30/06
05/31/06
06/30/06
07/31/06
08/31/06
09/30/06
10/31/06
FBD MID-CAP FtJRD #151
06/25/04 .031/share
09/27/04 .035/share
12/28/04 .045/share
03/28/05 .044/share
06/27/05 .044/share
09/27/05 .053/share
12/28/05 .099/share
03/27/06 .072/share
on
on
on
on
on
on
on
on
1,629.33 shares
1,629.33 shares
1,629.33 shares
1,629.33 shares
1,629.328 shares
1,629.328 shares
1,629.328 shares
1,629.328 shares
.
64.94
71.56
99.39
74.88
74.88
74.88
84.82
57.65
46.38
53.67
52.54
119.64
122.26
116. SO
120.63
116.90
115.79
120.44
121.25
119.76
118.56
121. 28
121.84
121.46
124.42
120.67
119.82
124.96
123.95
123.15
125.87
125.41
124.81
128.70
129.99
135.82
133.16
133.77
132.46
50.51
57.03
73.32
71. 69
71. 69
86.35
161.30
117.31
Page - 11 -
. .
06/27/06 .072/share on 1,629.328 shares 117.31
09/26/06 . On/share on 1,629.328 shares 117.31
FBDBRATBD GOV'T OBLIGATIONS PD #395
06/30/04 28.84
07/31/04 13.14
08/31/04 14.04
09/30/04 15.49
10/31/04 14.53
11/30/04 15.90
12/31/04 20.94
01/31/05 19.39
02/28/05 18.46
03/31/05 22.10
04/30/05 17.18
05/31/05 18.69
06/30/05 18.78
07/31/05 13.31
08/31/05 14.43
09/30/05 14.65
10/31/05 7.82
11/30/05 10.09
12/31/05 33.03
01/31/06 28.92
02/28/06 26.40
03/31/06 29.05
04/30/06 18.97
05/31/06 20.32
06/30/06 20.18
07/31/06 10.82
08/31/06 11. 05
09/30/06 13.19
10/31/06 41. 69
VANGUARD BXPLORBR FUND #024
12/29/05 .23/share on 164.819 shares 37.91
VANGUARD TOTAL BOND MARKBT FUND #84
06/30/04 50.61
07/30/04 118.34
08/31/04 118.42
09/30/04 116.71
10/29/04 118.55
11/30/04 117.10
12/31/04 120.11
01/31/05 .037206/share on 3,187.25 shares 118.58
02/28/05 113.05
03/31/05 120.33
04/29/05 117.81
05/31/05 119.67
06/30/05 117.26
07/29/05 .03773/share on 3,187.251 shares 120.25
08/31/05 120.42
09/30/05 118.31
10/31/05 121. 62
11/30/05 120.45
12/30/05 124.53
01/31/06 124.96
02/28/06 119.43
Page - 12 -
03/31/06
04/28/06
05/31/06
06/30/06
07/31/06
08/31/06
09/29/06
10/31/06
VANGUARD
06/25/04
09/24/04
12/17/04
03/23/05
06/24/05
09/23/05
12/16/05
03/24/06
06/23/06
09/22/06
VANGUARD
06/30/04
07/30/04
08/31/04
09/30/04
10/29/04
11/30/04
12/31/04
01/31/05
02/28/05
03/31/05
04/29/05
05/31/05
06/30/05
07/29/05
08/31/05
09/30/05
10/31/05
11/30/05
12/30/05
01/31/06
02/28/06
03/31/06
04/28/06
05/31/06
06/30/06
07/31/06
08/31/06
09/29/06
10/31/06
VANGUARD
06/25/04
09/24/04
12/23/04
03/23/05
06/24/05
09/23/05
.
WELLESLEY INCOME FUND #027
.21/share on 2,795.18 shares
.21/share on 2,795.18 shares
.24/share on 2,795.18 shares
.19/share on 2,795.18 shares
.21/share on 2,795.181 shares
.215/share on 2,795.181 shares
.253/share on 2,795.181 shares
.20/share on 2,795.181 shares
.22/share on 2,795.181 shares
.23/share on 2,795.181 shares
SBORT-TERM FEDERAL FUND #049
.024001/share on 1,152.74 shares
.025452/share on 1,152.74 shares
500 INDEX FUND #40
.35/share on 209.72 shares
.41/share on 209.72 shares
.83/share on 209.72 shares
.43/share on 209.72 shares
.42/share on 209.724 shares
.53/share on 209.724 shares
.
127.74
125.97
129.81
127.97
130.87
131.57
129.58
132.67
586.99
586.99
670.84
531. 08
586.99
600.96
707.18
559.04
614.94
642.89
11. 51
27.67
28.84
28.63
29.04
28.10
28.90
29.34
27.55
30.42
29.99
31. 93
31. 25
33.12
33.47
32.63
34.96
34.61
35.97
36.24
34.42
38.13
38.01
39.40
38.91
41. 84
42.14
41.13
42.24
73.40
85.99
174.07
90.18
88.08
111.15
Page - 13 -
.
12/29/05 .60/share on 209.724 shares
03/17/06 .49/share on 209.724 shares
06/23/06 .48/share on 209.724 shares
09/22/06 . 52/share on 209.724 shares
Total Dividend Receipt
Capital Gains Received
Short-Term Cap Gains Distributions
FED STOCK TRUST FUND #019
11/25/05
FED MID-CAP FUND #151
11/26/04
11/25/05
VANGUARD EXPLORER FUND #024
12/29/05
VANGUARD WELLESLEY INCOME FUND #027
12/16/05
Total Short-Term Cap Gains Distributions
Total Income Cash Receipts
.
125.83
102.76
100.67
109.06
17,314.16
505.66
182.32
189.98
258.77
25.16
1, 161. 89
18,476.05
Page - 14 -
.
INCOME DISBURSEMENTS
Fees Paid
Trustee Fees
04/11/06 FOR 1 MONTH (S) ENDING 03/31/06
05/09/06 FOR 1 MONTH (S) ENDING 04/30/06
06/08/06 FOR 1 MONTH (S) ENDING 05/31/06
07/10/06 FOR 1 MONTH (S) ENDING 06/30/06
08/07/06 FOR 1 MONTH (S) ENDING 07/31/06
Total Trustee Fees - Regular
Transfers From Income To Principal
03/31/06
06/30/06
09/11/06
09/28/06
Total Transfer Income to Principal
.
-284.93
-286.23
-281. 91
-278.70
-279.41
-1, 411.18
-1,499.25
-3,609.64
-282.64
609.64
-6.001.17
Page - 15 -
.
.
INCOME DISTRIBUTIONS TO BENEFICIARIES
Unitrust Distribution
07/01/05 BRUCE PFEUFER
PARTIAL DISTRIBUTION OF 2005 UNITRUST
AMOUNT FOR DEPOSIT TO WACHOVIA BANK
Check # 013609
09/30/05 BRUCE PFEUFER
PARTIAL DISTRIBUTION OF 2005 UNITRUST
AMOUNT FOR DEPOSIT TO WACHOVIA BANK
Check # 014161
Total Unitrust Distribution
Total Income Cash Disbursements
-3,707.83
-3,707.83
-7.415.66
-14,828.01
Page-16-
EXHIBIT A
.
.
EXHIBIT A
STATEMENT OF CAPITAL GAIN/LOSS DETAIL
.
.
YBSCIm
113.03
Schedule n Repo~t
COHHUII1:7Y TRUST CDMPANr
TNBT vl.99 PAGS 1
02/01/2007
Aceoun~ 2130119 Pl\ULA It PrBUPBIt CIl.UT
For datee from OS/01/0t to 11/07/06
Ineluding doller essets
Bxcludes shor~-~erm capital gains di.t~ibution from mutual funds
Bxcludes long-term capital gains distribution from mutual funds
Taxpayer ID. 56-6567184
Transaction Code & DescriptioD
nate CUSIP A..et Name
Date Dete
Units Acquired Sold
Net proceedS
Baeis
Gain/Loss
06/l8/0t 3502 Proceeds fram Sals of Asset
922906201 VANGUAllD PIUHII HllNBY
Kl\lUtIlT FlJJIII 11030
135,000.0000 06/16/04 06/17/04
135,000.00
135,000.00 No Gain or Loss
09/28/06 3502 Proceeds fram Sals of A.set
31420B205 rID MID-CAP FOND
'151
132.2170 06/16/04 09/27/06
3,000.00
2,596.74
403.26 LT
09/28/06 3502 Proceed. fram Sale of As.et
921926101 VANGUAllD EXPLORER
FlJJIII 1102 4
51.7930 06/17/04 09/27/06
4,000.00
3,456.66
543.34 LT
09/28/06 3502 proceedd from Sale of As.et
922908108 VANGUARD SOO INDEX
FlJJIII 1140
24.3680 06/17/04 09/27/06
3,000.00
2,556.20
443.80 LT
.......---------- ----------..-- -------....-....
Short Tem Gain fJ:'Qlll Salea 0.00 0.00 0.00
Short Term 1rlISS frOlll Sales 0.00 0.00 0.00
Short Term MP Distributions 0.00 0.00 0.00
Shor~ Tezm Gain fJ:'Qlll Msrgers 0.00 0.00 0.00
Short Term Options axarcieed/BxPirad 0.00 0.00 0.00
Kat Sho~t Tem Gain (-Lonl 0.00 0.00 0.00
No Gsin or 1rlISS 135,000.00 135,000.00 0.00
Long Term Gain from Salee 10.000.00 8,609.60 1,390.40
Long Tem Los. fr01ll Sales 0.00 0.00 0.00
Long Term Mr Distributions 0.00 0.00 0.00
Long Term Gain from Mergers 0.00 0.00 0.00
Long Tem Options Bxercisad/Bxpired 0.00 0.00 0.00
Net Long Term Gain (-Losel 10,000.00 8,609.60 1,390.40
Par further details see epreadsheet file r.\TNBT\RBSKARCB\SCHaD-D-2130119.SAR.CSV
Report printed aD 02/01/07 at 10.42 by BAR from P.\TNBT\
EXHIBIT B
.
.
EXHIBIT B
UNITRUST STATEMENT
Fair Market Value as of 01/01/2004
.
.
UNITRUST STATEMENT
Fair Market Value as of 01/01/2004
The Proceeds from the Sale of the Assets of the Paula R. Pfeufer Unit rust were
Received from Suntrust Bank, as RetiringTrustee, on June 1, 2004.
Per Suntrust Bank's Statement, dated Apri/1, 2004, the Market Value Summary
of the Paula R. Pfeufer CRUT, on January 1,2004, was reported to be $298,514.09.
The same Statement reflected a distribution to the beneficiary of $3, 780. 75.
Fair Market Value on January 1, 2004, calculated on
the 2004 Unitrust Distributions to the Beneficiary.
Payout Rate
2004 Unitrust Payout
Number of Payments per year
Installment Amount
Paid by Community Trust Company as Follows:
Bruce Pfeufer
Bruce Pfeufer
Third Quarter
Fourth Quarter
Page -1-
302,460.00
5.00%
15,123.00
4
3,780.75
3,780.75
3,780.75
Savinas Bonds
Mutual Funds
.
.
UNITRUST STATEMENT
Fair Market Value as of 01/01/2005
36,000.0000 US Savings Bonds Series EE Maturity 10/01/1996
662.6330 Units Federated Stock Trust Fund # 019
3,006.7900 Units Federated Income Trust Fund # 36
1,629.3280 Units Federated Mid-Cap Fund # 151
164.8190 Units Vanguard Explorer Fund # 204
3,187.2510 Units Vanguard Total Bond Market Fund #84
2,795.1810 Units Vanguard Wellesley Income Fund #027
1,152.7380 Units Vanguard Short-Term Federal Fund #049
209.7240 Units Vanguard 500 Index Fund #40
Income Cash Balance
Principal Cash Balance
Payout Rate
2005 Unitrust Payout
Number of Payments per Year
Installment Amount
Paid as Follows:
Bruce Pfeufer
Bruce Pfeufer
Bruce Pfeufer
Bruce Pfeufer
First Quarter
Second Quarter
Third Quarter
Fourth Quarter
Page -2-
Market Value
50,400.00
24,424.65
31,631.43
33,694.50
12,290.55
32,733.07
60,320.01
12,000.00
23,413.59
4,607.02
11.111.78
296,626.60
5.00%
14,831.33
4
3,707.83
3,707.83
3,707.83
3,707.83
3,707.83
Savinas Bonds
Mutual Funds
.
.
UNITRUST STATEMENT
Fair Market Value as of 01/01/2006
36,000.0000 US Savings Bonds Series EE Maturity 10/01/1996
662.6330 Units Federated Stock Trust Fund # 019
3,006.7900 Units Federated Income Trust Fund # 36
1,629.3280 Units Federated Mid-Cap Fund # 151
164.8190 Units Vanguard Explorer Fund # 204
3,187.2510 Units Vanguard Total Bond Market Fund #84
2,795.1810 Units Vanguard Wellesley Income Fund #027
1,152.7380 Units Vanguard Short-Term Federal Fund #049
209.7240 Units Vanguard 500 Index Fund #40
Income Cash Balance
Principal Cash Balance
Payout Rate
2006 Unitrust Payout
Number of Payments per Year
Installment Amount
Paid as Follows:
Bruce Pfeufer
Bruce Pfeufer
Bruce Pfeufer
Bruce Pfeufer
First Quarter
Second Quarter
Third Quarter
Fourth Quarter
Page -3-
Market Value
50,400.00
20,707.28
30,789.53
36,105.91
12,379.56
32,063.75
58,894.46
11,827.09
24,101.48
4,494.65
7.007.73
288,771.44
5.00%
14,438.57
4
3,609.64
3,609.64
3,609.64
3,609.64
3,609.64
Savinas Bonds
Mutual Funds
.
UNITRUST STATEMENT
Fair Market Value on 01/01/07
36,000.0000 US Savings Bonds Series EE Maturity 10/01/1996
750.7460 Units Federated Stock Trust Fund # 019
3,006.7900 Units Federated Income Trust Fund # 36
1,559.9390 Units Federated Mid-Cap Fund # 151
133.9810 Units Vanguard Explorer Fund # 204
3,187.2510 Units Vanguard Total Bond Market Fund #84
2,876.3230 Units Vanguard Wellesley Income Fund #027
1,152.7380 Units Vanguard Short-Term Federal Fund #049
185.3560 Units Vanguard 500 Index Fund #40
Income Cash Balance
Principal Cash Balance
Payout Rate
2007 Unitrust Payout
Number of Payments per Year
Installment Amount
To Be Paid as Follows:
Bruce Pfeufer
First Quarter
Page -4-
.
Market Value
50,400.00
23,978.83
30,699.33
35,785.00
10,009.72
31,840.64
62,703.84
11,850.15
24,205.64
5,918.76
6.142.87
293,534.78
5.00%
14,676.74
4
3,669.18
3,669.18
.
.
VERIFICA TION
On this Sk day of March, 2007, James E. White, Vice President and Trust Officer of
Community Trust Company, Trustee of the Paula R. Pfeufer Revocable Trust dated January 21,
1998, as amended and restated, hereby declares under oath that said Trustee has fully and
faithfully discharged the duties of its office; that the foregoing Amended First and Final Account
consisting of 'L ~ pages, cover pages and exhibits is true and correct and fully discloses all
significant transactions occurring during the accounting period; that all known claims against the
Trust during the accounting period have been paid in full; that to its knowledge, as of November
7, 2006, there were no claims outstanding against the Trust except as provided in the Account;
and that as of November 7, 2006, all taxes due from the Trust were paid.
COMMUNITY TRUST COMPANY,
TRUSTEE
-M
Dated: March $' 2007
~~~
~: James E. White
Vice President and Trust Officer
SWORN TO before me this
S yo day of March, 2007
~. ~
Notary~
COMMONWEALTH OF PENNSYLVANIA
Notarial Seal
Victoria M. Rankin, Notary Public
WormleysblVg Boro, Cumberland County
My Commi!;Sion Expires Aug. 27, 2010
Member, Pennsylvania Association of Notaries
.
.
IN THE MATTER OF:
THE REVOCABLE TRUST
AGREEMENT OF PAULA R. PFEUFER :
UIA DATED JANUARY 21,1998
AS AMENDED AND RESTATED
UNDER AGREEMENT
DATED AUGUST 18, 1998
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY
ORPHANS' COURT DIVISION
NO: 21-06-1090
AMENDED STATEMENT OF PROPOSED DISTRIBUTION
The Accountaht/Trustee proposes the following schedule of proposed distribution:
TO: COMMUNITY TRUST COMPANY, CURRENT TRUSTEE
(1) $2,002.07 for Trustee's Fees for October 2006 through May 2007.
(2) $3,410.38 Trustee's Termination Fee calculated from November 2005 through
October 2006.
(3) $850.00 for preparation of calendar year 2006 and 2007 Federal and Pennsylvania
Fiduciary Income Tax Returns.
TO: LAW FIRM OF GATES, HALBRUNER & HATCH, P.C., ATTORNEY
(4) $6,850.00 for legal fees incurred for preparation of the Amended First and Final
Account and Petition for Adjudication of First and Final Account and related
documents and Notices.
(5) $875.00 for Orphans' Court filing fees, including publication, photocopying and
certified postage.
TO: BRUCE A. PFEUFER, BENEFICIARY
(6) $3,669.18 for the estimated quarterly unitrust distribution due for the first quarter
of calender year 2007.
TO: FULTON FINANCIAL ADVISORS, SUCCESSOR TRUSTEE
(7) $271,578.48 representing the balance of the principal and income cash and
principal assets after the payment of the above-listed expenses oftms Accounting.
The stocks, bonds and marketable securities will be transferred in-kind to Fulton
Financial Advisors, per its request.
End of Statement
.
.
AFFIDA VIT
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
I hereby certify that on this ~ day of March, 2007, before me, the subscriber, a
Notary Public in and for the aforesaid Commonwealth and County, personally appeared the
affiant, James E. White, who acknowledged himselfto be a Vice President and Trust Officer of
SS:
COMMUNITY TRUST COMPANY, Trustee of THE PAULA R. PFEUFER
REVOCABLE TRUST UIA Dated January 21, 1998, AS AMENDED AND RESTATED
UIA DATED AUGUST 18, 1998, who being duly sworn according to law, he as such Vice
President and Trust Officer, being authorized to do so, deposes and says that, to the best of his
knowledge, the facts averred in the foregoing Amended First and Final Account and Petition for
Adjudication are true and correct and accurately state all the income, principal, debits and credits
which came into his possession as Vice President and Trust Officer of Community Trust
Company, Trustee of the THE PAULA R. PFEUFER REVOCABLE TRUST AS
AMENDED AND RESTATED UIA DATED AUGUST 18, 1998, or into the possession of any
other agent( s) for said Trustee.
The affiant further says that he gave written notice of the foregoing Amended First and
Final Account, Petition for Adjudication, and Amended Statement of Proposed Distribution to all
2
.
.
beneficiaries, remaindermen and other parties interested in THE PAULA R. PFEUFER
REVOCABLE TRUST, AS AMENDED AND RESTATED UIA DATED AUGUST 18,
1998.
ATTEST:
COMMUNITY TRUST COMPANY,
TRUSTEE
\'Jc~~~~
ames E. White, Vice President and
Trust Officer
'^
SWORN TO and subscribed before me this ~ day of March, 2007.
-;t~~
Notary Public
My Commission Expires:
COMMONWEALTH OF PENNSYLVANIA
Notarial Seal
Victoria M. Rankin, Notary Public
Wonnleysb~rg Bore, Cumberland County
My Commission Expires Aug. 27, 2010
Member, Pennsylvania Association of Notaries
3
EXHIBIT A
.
.
EXHIBIT A
Supplemental Information to Petition Page 3,
Question 5, Part A.
.
.
The Paula R. Pfeufer Revocable Trust UIA Dated January 21, 1998
As Amended and Restated UIA Dated August 18, 1998
Amended First and Final Account
For the Period May 1, 2004 through November 7,2006
(Supplemental Information to Petition Page 3)
5.
A.
State how each Trustee was appointed:
The Trust appointed First Union National Bank as the First Trustee on January 21, 1998.
First Union National Bank was subsequently replaced by Sun Trust Company as
Second Successor Trustee.
Paula R. Pfeufer died on July 7, 1999. A copy of the Death Certificate is attached as
Exhibit C. Bruce APfeufer, acting under the authority of Section 4( C) of the Trust, appointed
Community Trust Company as Third Successor Trustee on May 13, 2004. A copy of said
Appointment of Successor Trustee is attached to this Petition as Exhibit D.
Bruce A Pfeufer, acting under the authority of Section 4( C) of the Trust, removed
Community Trust Company as Third Successor Trustee by letter dated October 4, 2006. A copy
of the letter is attached to this Petition as Exhibit E.
By a document entitled "Appointment of Successor Trustee", signed by Bruce A. Pfeufer
and Fulton Financial Advisors, and dated October 5, 2006, Bruce A Pfeufer appointed Fulton
Financial Advisors as the Fourth Successor Trustee. A copy of the Appointment of Successor
Trustee is attached to this Petition as Exhibit F.
EXHIBIT B
.
.
EXHIBIT B
AMENDMENT AND RESTATEMENT DATED AUGUST 18, 1998
OF THE REVOCABLE TRUST AGREEMENT OF PAULA R. PFEUFER
UNDER AGREEMENT DATED JANAURY 21, 1998
.
.
Al\1ENDMENT AND RESTATEMENT
OF
REVOCABLE TRUST AGREEMENT
OF
PAULA R. PFEUFER
TABLE OF CONTENTS
SECTION 1. AMENDMENT AND RESTATEMENT OF TRUST
. . . . . . . . . - .
1
SECTION 2. TRUST DURING GRANTOR'S LIFETIME ................ 1
SECTION 3. UPON GRANTOR'S DEATH. . . . . . . . . . . . . . . . . . . . . . . . " 2
A. DISTRIBUTION OF T ANGffiLE PERSONAL PROPERTY. ........ 2
B. DISTRIBUTION OF BALANCE OF TRUST. . . . . . . . . . . . . . . . . .. 2
C. SHARE OF SON GARY W. PFEUFER ..................... 3
D. CHARITABLE REMAINDER UNITRUST FOR SON BRUCE A.
PFEUFER ...................................... 3
E. PFEUFER FAMILY FOUNDATION. . . . . . . . . . . . . . . . . . . . . . .. 5
F . ULTIMATE BENEFICIARIES ........................... 6
SECTION 4. TRUSTEES .................. . . . . . . . . . . . . . . . . . " 7
A. SUCCESSOR TRUSTEES ...... . . . . . . . . . . . . . . . . . . . . . . .. 7
B. RESIGNATION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . '. 7
C. REMOVAL ....................................... 7
D. COMPENSATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . " 8
E. EMERGENCY ACTION " . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 8
F. DELEGATION ..................................... 8
G. ACTION BY MAJORITY OF TRUSTEES ................... 9
SECTION 5. POWERS OF TRUSTEE ............................ 9
A. RETAIN RESIDENCE IN TRUST . . . . . . . . . . . . . . . . . . . . . . . .. 9
B. DEAL WITH PROPERTY . . . . . . . . . . . . . . . . . . . . . . . . . . . . " 10
C. REGISTER IN NOMINEE FORM . . . . . . . . . . . . . . . . . . . . . . . " 10
D. DISPOSE OF CLAIMS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 10
E. EXECUTE DOCUMENTS .............................. 10
F. DIVIDE PROPERTY ................................. 10
G. BORROW FUNDS OR MAKE LOANS ..................... 10
H. EMPLOY AGENTS ... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 10
I. MAKE TAX ELECTIONS .............................. 10
J. CARRY ON BUSINESS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . " 11
K. TREAT AS COMMON FUND .............;............. 11
L. RECEIVE ADDITIONAL PROPERTY . . . . . . . . . . . . . . . . . . . . .. 11
M. MERGE TRUSTS .... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . " 11
N. DIVIDE TRUSTS. . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . " 11
.
.
O. DEAL WITH GENERATION-SKIPPING TRANSFERS. . . . . . . . . .. 11
P. SPECIAL TERMINATION OF TRUSTS. . . . . . . . . . . . . . . . . . . .. 12
Q. PAY ADMINISTRATION EXPENSES ...... . . . . . . . . . . . . . . .. 12
R. KEEP INFORMATION CONFIDENTIAL. . . . . . . . . . . . . . . . . . .. 12
S. DISTRIBUTE TO OR FOR MINOR BENEFICIARIES . . . . . . . . . . .. 12
T. DO ALL THINGS WITH FINAL AUTHORITY. . . . . . . . . . . . . . .. 12
SECTION 6. DUTIES OF TRUSTEE ............................. 13
A. PAY DEATH TAXES AND SATISFY CASH NEEDS. . . . . . . . . . . .. 13
B. PAY DELIVERY EXPENSES. . . . . . . . . . . . . . . . . . . . . . . . . . .. 13
C. PAY DIRECTLY TO BENEFICIARIES ..................... 13
D. REPRESENTATION OF INCAPACITATED INDIVIDUALS AND
MINORS ....................................... 13
E. MAKE BINDING DECISIONS WITH RESPECT TO DISCRETIONARY
PAYMENTS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 14
F. MAKE CERTAIN DECISIONS WITHOUT PARTICIPATION OF
INTERESTED TRUSTEE ............................ 14
G. PAY INCOME AT TERMINATION OF TRUSTS. . . . . . . . . . . . . " 14
H. ADMINISTER WITHOUT COURT SUPERVISION ............. 14
SECTION 7. SPECIAL PROVISIONS RELATED TO CHARITABLE
REMAINDER UNlTRUST ................................ 14
A. INTENTION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 14
C. TAXABLE YEAR ................................... 15
D. INVESTMENT OF TRUST ASSETS ....................... 15
SECTION 8. INCAPACITY ................................... 15
A. DETERMINATION OF INCAPACITY ...................... 15
B. DURATION OF INCAPACITY . . . . . . . . . . . . . . . . . . . . . . . . . .. 16
C. EFFECT OF INCAPACITY . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 16
SECTION 9. RESOLUTION OF CONTROVERSIES ................... 17
A. ARBITRATION OF DISPUTES .......................... 17
B. REPRESENTATION OF BENEFICIARIES . . . . . . . . . . . . . . . . . .. 17
C. FRIVOLOUS PROCEEDINGS ........................... 17
SECTION 10. REVOCATION OR AMENDMENT ..................... 18
SECTION 11. GOVERNING LAW . . . . . . . . . . . . . . . . . . . . . . . . . . . . . " 18
SECTION 12. BINDING AGREEMENT ........................... 18
Amendment and Restatement of Revocable Trust Agreement
of PAULA R. PFEUFER
11
Walsh & Jayu, P.A. . Attarneys al Law. 1.800-480-6365
.
.
AMENDl\1ENf AND RESTATEl\1ENf
OF
REVOCABLE TRUST AGREEl\1ENT
OF
PAULA R. PFEUFER
THIS AMENDMENT AND RESTATEMENT OF REVOCABLE TRUST
AGREEMENT is executed on August l1....., 1998, by PAULA R. PFEUFER, of Baltimore
County, Maryland, as grantor, and FIRST UNION NATIONAL BANK as trustee. Any
reference in this trust agreement to the "trustee" shall apply to any trustee or trustees then
servmg.
SECTION 1. AMENDMENT AND RESTATEMENT OF TRUST. By agreement
dated January 21, 1998, the grantor entered into a trust agreement with the trustee. Under
section 7 of that agreement, the grantor reserved the right to amend or revoke the trust
agreement at any time, subject only to the trustee's consent with respect to any modification in
the trustee's compensation and duties. By executing this amendment and restatement of trust
agreement, the trustee hereby consents to any modification in the trustee's compensation and
duties. The trustee shall administer and dispose of the trust property, together with any other
property that the trustee may later receive, as set forth in this agreement. This trust shall
continue to be known as the PAULA R. PFEUFER REVOCABLE TRUST DATED
JANUARY 21, 1998.
SECTION 2. TRUST DURING GRANTOR'S LIFETIME. During the lifetime of
the grantor, the trustee shall pay the net income from the trust, including income accrued to the
date of this agreement, or whatever amounts the grantor directs, in quarterly or more frequent
installments to the grantor.
.
.
In addition, the trustee may at any time or times pay to or for the benefit of the grantor
so much or all of the principal of the trust as the trustee in the liberal exercise of discretion
considers appropriate for her maintenance, support, health, comfort or well-being.
Furthennore, the grantor, in her sole and absolute discretion, may at any time withdraw
whatever amounts of principal of the trust as the grantor directs. However, this right may not
be exercised if the grantor is incapacitated at the time of such withdrawal.
SECTION 3. UPON GRANTOR'S DEATH. Upon the grantor's death, this trust shall
tenninate and be distributed, free of this trust, to those persons and legal entities, including the
grantor's estate and any creditor, in whatever amounts and proportions, in further trust or
otherwise, as the grantor may appoint by will or by written instrument filed with the trust
records. All or any portion of the trust not validly appointed shall continue in further trust, to
be administered and disposed of as follows.
A. DISTRIBUTION OF T ANGmLE PERSONAL PROPERTY. All tangible
personal property held by the trust, together with all insurance policies on it, shall be distributed
to the same beneficiaries of the trust, and in the same proportions, as specified in section 3.B.
B. DISTRmUTION OF BALANCE OF TRUST. The trustee shall divide the
balance as follows, if, in the case of each individual named, such individual is living 30 days
after the death of the grantor:
Amendment and Restatement of Revocable Trust Agreement
of PAULA R. PFEUFER
2
Walsh & Joyce. P.A. . Attorneys al Law . 1-800-480-6365
.
.
(1) Ten percent (10%) for the grantor's son, GARY. W. PFEUFER.
(2) Ninety percent (90%) for the grantor's son, BRUCE A. PFEUFER.
(3) The balance to the PFEUFER FAMILY FOUNDATION.
Any '.amount passing to a designated beneficiary of any tax deferred annuity,
individual retirement account, pension, profit-sharing, other retirement plan or insurance policy
on the grantor's life that is included in the grantor's gross estate for federal estate tax purposes
shall be considered to be an advancement to such designated beneficiary. To the extent that the
trust assets consist of any outstanding indebtedness from any person for whom a share of the
trust is to be set apart, the trustee shall, to the extent possible, allocate such indebtedness to the
share of the indebted person.
C. SHARE OF SON GARY W. PFEUFER. Any share representing the
grantor's son GARY W. PFEUFER shall be distributed outright to him as soon as reasonable
and practical.
D. CHARITABLE REMAINDER UNITRUST FOR SON BRUCE A.
PFEUFER. Any share representing the grantor's son BRUCE A. PFEUFER shall be retained
in trust and administered and disposed of as follows.
(1) The trustee shall pay to or for the benefit of the grantor's son, in equal
installments at the end of each quarterly period, a unitrust amount equal to 5 % of the net fair
market value of the trust assets valued as of the first day of each taxable year of the trust (the
Amendment and Restatement of Revocable Trust Agreement
of PAULA R. PFEUFER
3
Walsh & Joyce. P.A. . Allameys al Law . 1-800-480-6365
.
.
"valuation date"). However, the obligation of the trustee to pay the unitrust amount to the
grantor terminates with the last payment before the death of the grantor's son. Any income of
the trust for a taxable year in excess of the unitrust amount shall be added to principal. Upon
the death of the grantor's son, the principal and any undistributed income of that share shall be
distributed to the PFEUFER F AMIL Y FOUNDATION, to be added to the principal of that
foundation.
(2) If for any year the net fair market value of the trust assets is
incorrectly determined, then within a reasonable period after the value is finally determined for
federal tax purposes, the trustee shall pay to the grantor's son (in the case of an undervaluation),
or receive from the grantor's son (in the case of an overvaluation), an amount equal to the
difference between the unitrust amount properly payable and the unitrust amount actually paid.
(3) In determining the unitrust amount, the trustee shall prorate it on a
daily basis for any short taxable year and for the taxable year of the grantor's death.
(4) If any additional contributions are made to the trust after the initial
contribution, the unitrust amount for the taxable year in which the additional contribution is
made shall be equal an amount equal to 5% of the sum of:
(a) the net fair market value of trust assets as of the valuation date
(excluding the added assets and any income from, or appreciation on, those assets), and
Amendment and Restatement of Revocable Trust Agreement
of PAULA R. PFEUFER
4
Walsh &: Joyce. P.A. . Anome)'s at Law . /-800-480-6365
. .
(b) (i) the value of the added assets that was excluded under
(i), multiplied by:
(ii) the number of days in the period that begins with the
date of contribution and ends with the earlier of the last day of the taxable year or the grantor's
death, and divided by:
(iii) the number of days in the period that begins on the first
day of such taxable year and ends with the earlier of the last day of such taxable year or the
death of the grantor.
If there is no valuation date after the time of contribution, the added assets
shall be valued at the time of contribution.
E. PFEUFER FAMILY FOUNDATION. Any share representing the
PFEUFER FAMILY FOUNDATION shall be retained in trust and administered as follows.
(1) The trustee shall use the net income of the tnist to combat acquired
immune deficiency syndrome (AIDS) and human immunodeficiency virus (HIV) by supporting
research for treatment and cure, or to provide support or care for persons with AIDS or HIV.
(2) The grantor intends that this charitable trust last in perpetuity.
(3) The grantor intends that the trust shall qualify under the provisions of
Internal Revenue Code ("IRC") ~~170(c), 2055(a) and 2522(a) as a charitable organization.
Amendment and Restatement of Revocable Trust Agreement
of PAULA R. PFEUFER
5
Walsh &: Joyce, P.Il. . Ilnorneys al Law . I-8fJO.-480-6365
.
.
Accordingly, all provIsIons of this agreement shall be construed and the trust shall be
administered in a manner that is consistent with that intent. The trustee, by written instrument
filed with the trust records, shall have the power, acting alone but on advice of counsel, to
amend the terms of the trust in the most minimal manner required for the sole purpose of
ensuring that the trust qualifies and continues to qualify as a charitable organization. The trustee
may incorporate the trust as a non-stock not-for-profit corporation, and may adopt a charter and
bylaws and provide for the appointment of directors, officers and their successors for the
governance of such corporation in a manner that is consistent with the provisions of the trust.
(4) The trustee shall make whatever distributions are required to insulate
the trust from tax under IRe ~4942. The trustee shall not (1) engage in any act of self-dealing
as defined in IRC ~4941(d), (2) retain any excess business holdings that would subject the trust
to tax .under IRC ~4943, (3) make any investments that would jeopardize the charitable purpose
of the trust under IRC ~4944, or (4) make any taxable expenditures as defined in IRC ~4945(d).
F. ULTIl\1ATE BENEFICIARIES. Any portion of any trust not dispose of by
the above provisions of this agreement shall be distributed to one or more organization selected
by the trustee that are engaged in research into AIDS or HIV, or that provide support or care
for persons with AIDS or HIV.
Amendment and Restatement of Revocable Trust Agreement
of PAULA R. PFEUFER
6
Walsh & Joyce. P.A. . AI/orneys at Law. 1-800-480-6365
.
.
SECTION 4. TRUSTEES.
A. SUCCESSOR TRUSTEES. If at any time or times there is no trustee
serving, then (1) the grantor, or (2) the last serving trustee, if able to do so, or (3) if not, the
adult beneficiaries of the trust, by majority vote, shall designate one or more successor trustees.
The grantor appoints as a successor trustee any person or corporation so designated.
B. RESIGNATION. A trustee may resign at any time by an instrument in
writing. No accounting or court proceeding upon any change in trustees is required, unless
specifically requested by a present or anticipated beneficiary or a present or successor trustee.
No successor trustee is personally liable for any act or omission of any predecessor trustee. The
grantor excuses each trustee from giving bond. Any corporate trustee serving from time to time
shall maintain custody of the trust property.
C. REMOVAL. The grantor, if living and able to do so, or the individual
trustee(s) serving from time to time, or if no individual trustee is then serving, the adult
beneficiaries of the trust, by majority vote, may remove any corporate trustee by written notice
or accept the resignation of any corporate trustee. If the grantor removes any trustee, the
grantor shall simultaneously designate as successor trustee an individual, or a bank or trust
company authorized to act as trustee in any jurisdiction. If any other person removes any
trustee, such person shall simultaneously designate as successor trustee a bank or trust company
authorized to act as trustee in any jurisdiction. No trustee may (1) make any discretionary
payment 'of income or principal that would discharge a personal legal obligation of any person
Amendment and Restatement of Revocable Trust Agreement
of PAULA R. PFEUFER
7
Walsh &: Joya. P.A. . AI/omeys al Law' /-800-480-6365
.
.
who has the right to remove any tmstee, or (2) terminate any tmst under the special termination
provisions that would result in any benefit to, or discharge a personal legal obligation of, any
person who has the right to remove any trustee.
D. COMPENSATION. The trustee is entitled to receive as compensation the
fees listed in the tmstee's schedule of rates from time to time. The tmstee is also entitled to
receive additional compensation for services of any unusual nature not incidental to normal trust
management and administration, such as investigations relating to payments to be made in the
exercise of discretion and services rendered upon the death of the grantor that would normally
be performed by the personal representative of an estate.
E. EMERGENCY ACTION. If (1) the whereabouts of any individual tmstee
is unknown to the other trustee(s), or if (2) in the sole judgment of the other trustee(s), any
individual trustee is not readily accessible or is so ill or otherwise incapacitated as to be unable
practically to signify approval or disapproval of any proposed action by the trustees, then the
other trustee(s), in their absolute discretion, may take whatever action they consider advisable
without obtaining the approval of that individual trustee. Any action taken by the other trustee(s)
is binding on all persons. The other trustee(s) are relieved of any liability for any action taken
in good faith under the conditions stated above.
F. DELEGATION. If two or more trustees are ever serving as such, any
administrative or ministerial powers and duties may be exercised by anyone tmstee. From time
Amendment and Restatement of Revocable Trust Agreement
of PAULA R. PFEUFER
8
Walsh & Joyce, P.A. . Anomeys 01 Law . 1-800-480-6365
.
.
to time, by written instrument, a trustee may delegate his ministerial powers and duties to the
other trustee. The trustee may revoke the delegation and renew it at pleasure.
G. ACTION BY MAJORITY OF TRUSTEES. If more than two trustees are
ever serving as such at any time, any discretionary action may be taken upon the consent of a
majority of the trustees.
SECTION 5. POWERS OF TRUSTEE. In addition to any powers given to the trustee
by statute, common law, or rule of court, the grantor confers upon the trustee, and any
successor trustees, the powers listed below, which they may exercise without prior or subsequent
approval by any court. The grantor recognizes that the powers and duties granted to and
imposed on the trustee impose heavy and difficult burdens on the trustee. In order to induce the
trustee to exercise these powers and duties in the manner the trustee believes will most closely
approximate the intentions of the grantor, the grantor stipulates that any exercise of any power
or discretion in good faith by the trustee is binding on all persons. For convenience the grantor
is referring to these fiduciaries in the masculine singular; however, the masculine, feminine, and
neuter, and the singular and plural, include each other wherever appropriate in any reference to
any person or corporation in this agreement.
A. RETAIN RESIDENCE IN TRUST. During the grantor's lifetime, the
trustee may retain in the trust any residence transfen-ed to the trust by the grantor. The trustee
shall permit the grantor to occupy the residence, rent free, for whatever period of time during
the grantor's lifetime that the trustee considers to be in his best interest. The trustee is not
required to make any charge against income or principal for depreciation. The trustee shall pay
from the principal of the trust all taxes, assessments, homeowner's insurance premiums, repair
Amendment and Restatement of Revocable Trust Agreement
of PAULA R. PFEUFER
9
Walsh & Joyce, P.A. . Allorneys at Law . 1-800-480-6365
.
.
and maintenance expenses, and the cost of any improvements, connected with the residence.
If the trustee considers it advisable, he may sell the residence and buy another residence, and
may thereafter make further sales and purchases of residences. In that case, the provisions of
this paragraph will apply to the other residence or residences.
B. DEAL WITH PROPERTY. To retain, invest in, sell at public or private
sale, mortgage, lease, exchange, manage, subdivide, develop, build, alter, repair, improve, raze,
abandon, buy and sell stocks, bonds, puts, calls, futures and futures options, or otherwise deal
with or dispose of any real or personal property, regardless of its nature, the lack of
diversification of any trust, or the fact that any arrangement with respect to such property
extends beyond the duration of any trust. No trustee shall be obliged to engage in any
transaction involving securities about which any trustee has acquired information that has not
been disclosed to the public.
c. REGISTER IN NOMINEE FORM. To register any property in the name
of a nominee or in other form without disclosure of the fiduciary capacity.
D. DISPOSE OF CLAIMS. To pay, extend, renew, prosecute, defend,
compromise or submit to arbitration all rights, obligations, or claims of any trust against others
or of others against any trust.
E. EXECUTE DOCUMENTS. To execute, acknowledge, and deliver
documents.
F. DIVIDE PROPERTY. To make any division or distribution in cash, in kind,
or partly in cash and partly in kind, and to allocate or distribute undivided interests or different
assets or disproportionate interests in assets. The division of, values assigned to, and
beneficiaries selected to receive, any property is binding on all persons.
G. BORROW FUNDS O~ MAKE LOANS. To borrow funds from any party
(including the trustee, except for the trustee of the charitable remainder unitrust), or to make
loans, for any purpose connected with the administration of any trust, upon whatever terms,
periods of time, and security the trustee considers advisable.
H. EMPLOY AGENTS. To employ brokers, investment counsel, custodians,
realtors, accountants, attorneys, and other agents, and to delegate powers and discretions to any
of them.
I. MAKE TAX ELECTIONS. To make any tax election permitted by any tax
law, and to file any tax return. There shall be no adjustment of any interests because of any
such election or return.
Amendment and Restatement of Revocable Trust Agreement
of PAULA R. PFEUFER
10
Walsh & Joyce. P.A. . Attorneys at Law. 1-800-480-6365
.
.
J. CARRY ON BUSINESS. Without filing reports with any court, to continue,
incorporate, enter into, or carry on any business, whether as a stockholder, general or limited
partner, sole or joint owner, or otherwise; to invest whatever assets may be needed in the
business; to employ agents to operate the business; to serve in any capacity with the business;
to receive reasonable compensation for such services, in addition to compensation for services
as a fiduciary; and to reorganize, liquidate, merge, consolidate, or transfer the business or any
part of it.
K. TREAT AS COMMON FUND. To treat any trust other than the charitable
remainder unitrust as a cornmon fund for investment and administrative purposes.
L. RECEIVE ADDITIONAL PROPERTY. To receive and to administer in
trust any additional property from any source.
M. MERGE TRUSTS. To merge any trust held under this agreement, other
than the charitable remainder unitrust, with any other trusts created by the grantor under will
or agreement, if the terms of the other busts are substantially similar and if they are for the
primary benefit of the same persons.
N. DIVIDE TRUSTS. To divide any trust held under this agreement into two
or more separate trusts according to the fair market value of the trust assets on the date of
division.
O. DEAL WITH GENERATION-SKIPPING TRANSFERS. To deal with any
potential generation-skipping transfer (GST) as follows:
(1) Fund With Appreciating Assets. To fund any trust that is exempt
from GST tax with assets which, in the judgment of the trustee, are most likely to appreciate
in value in the future.
(2) Disregard GST Tax Consequences. To make any required or
permitted distributions from any trust without regard to (a) whether the distributions will be
subject to GST tax, (b) the amount of the GST tax, or (c) the identity of the person or entity
responsible for paying the GST tax. The trustee shall make no adjustment of any beneficiary's
interest in any trust because of the payment or non-payment of any GST tax on account of a
distribution made to him or her.
(3) Make Distributions From Divided Trusts. With respect to trusts that
have been divided into a trust exempt from GST tax and a trust not exempt from GST tax:
Amendment and Restatement of Revocable Trust Agreement
of PAULA R. PFEUFER
11
Walsh cl Joyce. P.A. . Allorneys at Law . J -800-480-6365
.
.
from the exempt trust;
(a) To make distributions of income and principal to skip persons
(b) To make distributions of income and principal to non-skip
persons from the non-exempt trust; and
(c) To pay estate, inheritance and other death taxes from the non-
exempt trust.
P. SPECIAL TERMINATION OF TRUSTS. Notwithstanding any provision
of this agreement above, if at any time after the division of the trust into shares the trustee
detelmines that the continuation of any share in trust, other than the charitable remainder
unitrust, is not warranted because of size or cost, the trustee is authorized to terminate that share
of the trust and distribute it to its income beneficiary. No trustee who (1) is a beneficiary of the
share, or (2) would have a personal legal obligation discharged by termination of the share, may
participate in any decision under this paragraph regarding termination of the share.
Q. PAY ADMINISTRATION EXPENSES. To pay the administration expenses
of any trust from principal or income in the sole discretion of the trustee.
R. KEEP INFORMATION CONFIDENTIAL. In light of the grantor's desire
that the provisions of this trust agreement are to remain confidential as to all parties, the trustee
may decline to provide to any person or ~ntity information concerning the benefits paid to any
beneficiary, including another beneficiary .
S. DISTRIBUTE TO OR FOR MINOR BENEFICIARIES. To make
distributions from any trust to or for the benefit of any beneficiary who has not attained the age
of 21 years in anyone or more of the following ways: (1) directly to the beneficiary; (2)
directly in payment of the beneficiary's expenses; (3) to a custodian for the beneficiary named
by the trustee to be held as a gift made under any applicable Uniform Gifts to Minors Act or
Uniform Transfers to Minors Act, with the custodial arrangement continuing until the beneficiary
reaches 21 years of age; or (4) to a relative, friend, guardian, committee, conservator, or other
person or institution who in the trustee's judgment is responsible for the beneficiary or for the
property of the beneficiary, whether or not appointed by any court.
T. DO ALL THINGS WITH FINAL AUTHORITY. To do all things that the
grantor would be able to do were the grantor the absolute owner of the trust property. All
decisions taken in good faith are binding on all persons.
Amendment and Restatement of Revocable Trust Agreement
of PAULA R. PFEUFER
12
Walsh & Joyce. P.A. . Attorneys al Law . 1-800-480-6365
..
.
SECTION 6. DUTIES OF TRUSTEE. The grantor directs the trustee and any
successor trustees, without prior or subsequent approval by any court:
A. PAY DEATH TAXES AND SATISFY CASH NEEDS. To pay all taxes
due because of the grantor's death, whether with respect to property passing under this
agreement, under the grantor's will, or otherwise. Taxes include interest and also penalties not
caused by negligence or bad faith. The trustee shall also pay all debts, administration expenses,
legacies, and other cash requirements of the grantor's estate. Payment shall be made from the
entire trust available for distribution under section 3.B before its division among its
beneficiaries.
However, the following taxes shall not be paid from the trust: (1) any tax
resulting from the inclusion in the grantor's gross estate of property over which the grantor has
a general power of appointment, (2) any tax resulting from the inclusion in the grantor's gross
estate of property in which the grantor has a qualifying income interest for life, (3) any
generation-skipping transfer tax, (4) any additional tax imposed by Internal Revenue Code
g2032A or any similar statute or a corresponding provision of state law, and (5) any additional
tax imposed by Internal Revenue Code g2033A or any similar statute or a corresponding
provision of state law.
In no event shall any payment be made from any assets that are excludible from
the grantor's gross estate for federal estate tax purposes. In no event shall there be any right
of reimbursement from any person.
B. PAY DELIVERY EXPENSES. To pay from the trust the cost of
safeguarding and delivering all gifts made under this agreement.
C. PAY DIRECTLY TO BENEFICIARIES. To make all payments of income
and principal directly to the beneficiary entitled to them and not to any other person. A deposit
of funds to the beneficiary's account in a bank or other financial institution is the equivalent of
direct payment to the beneficiary. No payment may be assigned, anticipated, or encumbered
by the beneficiary; nor may any payment be attached, garnished, or executed upon by any
creditor of the beneficiary.
D. REPRESENTATION OF INCAPACITATED INDIVIDUALS AND
MINORS. The interests of any incapacitated individual may be represented by any person
appointed as an attorney in fact of the incapacitated individual under a valid durable power of
attorney. The interests of any minor may be represented by a parent or guardian of the minor,
Amendment and Restatement of Revocable Trust Agreement
of PAULA R. PFEUFER
13
Walsh & Juyce, P.A. . Allarneys at Law. 1-800-480-6365
.
.
whether or not appointed by any court. The decision of any attorney in fact, parent or guardian
is binding on all persons.
E. MAKE BINDING DECISIONS WITH RESPECT TO DISCRETIONARY
PAYMENTS. In making discretionary payments of income or principal to any person, to do
so after taking into consideration, or without taking into consideration, as the trustee considers
appropriate, any other income or financial resources reasonably available to the person. No
creditor of any beneficiary, including any governmental agencies that may furnish services,
payments, or benefits to a beneficiary, shall have any claim to any of the income or principal
of any trust. All aspects of decisions with respect to discretionary payments of income and
principal shall be made by the trustee in his absolute discretion and are binding on all persons.
F. MAKE CERTAIN DECISIONS WITHOUT PARTICIPATION OF
INTERESTED TRUSTEE. No successor trustee may make any discretionary payment of
income or principal from any trust if such payment would discharge a personal legal obligation
of that trustee. No individual trustee, other than the grantor, may participate in any decision
with respect to any insurance policy on the life of the trustee that may be a part of any trust
unless there is only one trustee.
G. PAY INCOME AT TERMINATION OF TRUSTS. To pay any net income
of any trust unpaid or accrued at the death of any trust beneficiary to the next succeeding
beneficiary, without apportionment to the estate of the deceased beneficiary. If a trust is the
successor, payment will be made to the income beneficiary and not to its trustee.
H. ADMINISTER WITHOUT COURT SUPERVISION. To administer all
trusts without court supervision. If it becomes advisable to apply to a court for any purpose,
the trustee shall request the court to take jurisdiction of the specific matter only and not of any
trust as a whole.
SECTION 7.
SPECIAL PROVISIONS RELATED TO CHARITABLE
REMAINDER UNITRUST. The following provisions apply to the charitable remainder
unitrust created under section 3.D:
A. INTENTION. It is the grantor's intention that the charitable remainder
unitrust shall qualify under the provisions of Internal Revenue Code ("IRC") 9664(d)(2) as a
charitable remainder unitrust. Accordingly:
Amendment and Restatement of Revocable Trust Agreement
of PAULA R. PFEUFER
14
Walsh & Joyce. P.A. . Allameys a/Law. 1-800-480.6365
.
.
(1) All provisions of this agreement shall be construed and the charitable
remainder unitrust shall be administered in a manner that is consistent with that intent.
(2) The trustee, by written instrument filed with the trust records, shall
have the power, acting alone but on advice of.counsel, to amend this agreement in the most
minimal manner required for the sole purpose of ensuring that the charitable remainder unitrust
qualifies and continues to qualify as a charitable remainder unitrust.
B. PROHmITED TRANSACTIONS. The trustee shall make whatever
distributions are required to insulate the charitable remainder unitrust from the tax under IRC
94942. The trustee shall not (1) engage in any act of self-dealing as defined in IRC S4941(d),
(2) make any taxable expenditures as defined in IRC S4945(d), (3) make any investments that
would jeopardize the charitable purpose of the charitable remainder unitrust under IRC g4944 ,
or (4) retain any excess business holdings that would subject the charitable remainder unitrust
to tax under IRC g4943.
C. TAXABLE YEAR. The taxable year of the charitable remainder unitrust
shall be the calendar year.
D. INVESTMENT OF TRUST ASSETS. Nothing in this agreement shall be
construed to restrict the trustee from investing the trust assets in a manner that could result in
the annual realization of a reasonable amount of income or gain from the sale or disposition of
trust assets.
SECTION 8. INCAPACITY.
A. DETERMINATION OF INCAPACITY. Any individual shall be deemed
to be "incapacitated" for all purposes of this agreement if the grantor or any trustee comes into
possession of any of the following:
(1) A court order, which the recipient believes to be currently valid,
holding the in.dividual to be legally incapacitated to act on his own behalf, or appointing a
guardian of his person or property.
(2) Other evidence that the recipient believes to be credible and still
applicable that the individual is unable to act rationally and prudently in his own [mancial best
interest because of accident, illness, deterioration, or other similar cause, whether physical or
mental, progressive, intermittent or chronic, or because of dependency on or abuse of alcohol,
drugs or any other similar substance, unless such individual delivers to the recipient the
certificates' of two physicians, each executed within five days of delivery to the recipient, stating
Amendment and Restatement of Revocable Trust Agreement
of PAULA R. PFEUFER
15
Walsh & Joyce. P.A. . Allomeys al Law . 1-800-480-6365
.
.
that (i) the physician is certified by a recognized medical licensing body, (ii) the physician has
examined the individual, and (iii) the physician has concluded that such individual is able to act
rationally and prudently in his own financial best interest and that such individual is neither
dependent on nor abusing alcohol, drugs or any other similar substance.
(3) Other evidence that the recipient believes to be credible and still
applicable that the individual has disappeared, is unaccountably absent, or is being detained
under duress, so that he is effectively unable to look after his own financial best interest.
The grantor recognizes that the discretion granted above to the trustee to
determine whether or not an individual is incapacitated imposes heavy and difficult burdens on
the trustee. In order to induce the trustee to exercise these discretions in the manner that will
most closely approximate the grantor's intentions, the grantor stipulates that any exercise of any
such discretion in good faith by the trustee shall be presumed to be correct. The trust shall
indemnify and hold each trustee harmless, and no beneficiary may claim any damages, for any
such decision made by any trustee in good faith.
B. DURATION OF INCAPACITY. Once an individual has been determined
to be incapacitated, he or she shall continue to be treated as incapacitated until the certificates,
court order, andlor circumstances have been revoked or become inapplicable. Any physician's
certificate may be revoked by a similar certificate to the effect that the individual is no longer
incapacitated, executed either by the two original certifying physicians or by two other licensed
physicians.
C. EFFECT OF INCAPACITY.
(1) If any trustee or other fiduciary is determined to be incapacitated, he
may not continue to serve as such while his incapacity continues. If and when he ceases to be
incapacitated, he may resume serving as a fiduciary.
(2) If the grantor is determined to be incapacitated, then notwithstanding
any other provision of this agreement, the grantor will have no power to (i) withdraw income
or principal from the trust during her incapacity, (ii) remove any trustee, or (iii) revoke or
amend any part of this agreement. If and when the grantor ceases to be incapacitated, the
grantor may resume exercising all of these powers.
(3) If a beneficiary is determined to be incapacitated, the trustee may,
subject to the provisions of section 8.C.(4), retain such beneficiary's share in trust regardless
of whether that share would otherwise be distributable to such beneficiary or be subject to
withdrawal by such beneficiary, and may make distributions from any trust to or for the benefit
of any such incapacitated beneficiary, in any such case without the necessity of obtaining a
Amendment and Restatement of Revocable Trust Agreement
of PAULA R. PFEUFER
16
Walsh & Joyce. P.A. . Attarneys ar Law. J-8oo-480-6365
.
.
receipt or the approval of any court, in anyone or more of the following ways: (1) directly to
the beneficiary; (2) directly in payment of the beneficiary's expenses; or (3) to a relative, friend,
guardian, committee, conservator, or other person or institution who in the trustee's judgment
is responsible for the beneficiary or for the property of the beneficiary, whether or not appointed
by any court.
(4) In all events, however, the trust as to any beneficiary's share shall
terminate upon the first to occur of (i) the death of the beneficiary before the distribution of all
of the principal from the beneficiary's share, or (ii) 21 years after the death of the last to die of
the grantor and those of the grantor's children and descendants living at the grantor's death. If
the beneficiary is living at such time, that share shall be distributed outright to such beneficiary.
If the beneficiary is not then living, that share shall be distributed to the beneficiary's then living
descendants, per stirpes. If no descendant of the beneficiary is then living, that share shall be
distributed to those descendants, per stirpes, of the closest ancestor of the beneficiary who (1)
is also a descendant of any great-grandparent of the grantor, and (2) has descendants then living.
SECTION 9. RESOLUTION OF CONTROVERSIES.
A. ARBITRATION OF DISPUTES. Any controversy between the trustees, or
between any other parties to this trust, including beneficiaries, involving the construction or
application of any of the terms, provisions, or conditions of this trust agreement shall, on the
written request of either or any disagreeing party served on the other or others, be submitted to
arbitration. The parties to such arbitration shall each appoint one person to hear and determine
the dispute and, if they are unable to agree, then the two persons so chosen shall select a third
impartial arbitrator whose decision shall be final and conclusive upon both parties. The cost of
arbitration shall be borne by the losing party or in such proportion as the arbitrator(s) shall
decide. Such arbitration shall comply with the commercial Arbitration Rules of the American
Arbitration Association.
B. REPRESENTATION OF BENEFICIARIES. In any proceeding involving
the construction, administration, modification or termination of this agreement or of any trust,
the known, living beneficiaries shall represent the interests of all unborn, unknown and
unascertained beneficiaries. In any such proceeding, it shall not be necessary to serve process
upon, or make a party to any such proceeding, any person who is a minor or who is
incapacitated where another party to the proceeding who is not under a disability has the same
interest as the person under a disability.
C. FRIVOLOUS PROCEEDINGS. The grantor desires that this trust, the
trustee and beneficiaries shall not be involved in time-consuming and costly litigation concerning
the function of this trust and disbursement of the assets. Additionally, the grantor has taken
Amendment and Restatement of Revocable Trust Agreement
of PAULA R. PFEUFER
17
Walsh &: Joyce. P.A. . Allomeys 01 Law . J-800-48()"6365
.
.
great care to designate, through the provisions of this agreement, how the grantor wants the
assets of the trust distributed. Therefore, if a beneficiary, or a representative of a beneficiary,
or one claiming a beneficial interest in the trust, should, without probable cause, legally
challenge this agreement, its provisions or asset distributions, then all assets to such challenging
beneficiary shall be retained in trust and distributed to the remaining beneficiaries named in this
agreement, as if such challenging beneficiary and his or her issue and spouse has predeceased
the grantor. The defense of such litigation, including costs incurred by representatives of the
grantor's estate, the trustees of this trust and their agents, attorneys, accountants and
representatives, shall be paid for by the trust.
SECTION 10. REVOCATION OR AMENDMENT. Except as provided in section
8.C.(2), the grantor reserves the power, at any time or times during the lifetime of the grantor,
by a written instrument delivered to the trustee, to remove any trustee or to revoke or amend
this agreement in whole or in part, in any such case without the consent of any other person.
However, the compensation and duties of the trustee may not be modified without the written
consent of the trustee.
SECTION 11. GOVERNING LAW. This agreement and the trusts created by it have
been accepted by the trustee in the State of Maryland. All questions pertaining to the validity
and construction of the agreement shall be determined, and the trust shall be administered, under
Maryland law.
SECTION 12. BINDING AGREEMENT. This agreement is binding upon and inures
to the benefit of the parties and their respective personal representatives, successors in interest,
and successors in trust.
Amendment and Restatement of Revocable Trust Agreement
of PAULA R. PFEUFER
18
Walsh & Juyu. P.A. . Anorne)'s at Law. 1-800-480-6365
.
.
\~
EXECUTED on August !::-' 1998.
WITNESS:
-
_~ -r2.frIlM/ _(SEAL)
PAULA R. pFE E, Grantor
FIRSTUNlONNATIONALBANK, Trustee
c..-/'I
ATTEST:
~.
(CORPORATE SEAL)
STATE OF MARYLAND
".-r
CITY!COUNTY OF ~:-j, q c T7lY G L E. -
1 REREBY CERTIFY that on AUgnstll. 1998. before me. a notaIY public of the State
of Maryland. personallY appeared PAULA. R. PFEUFER. the grantor named in this revocable
\rUSt agreement. and aclmowledged it to be ber act and deed.
. h 1/
." . '. .' (1 ,,---:1'
3L'Ji-d f;./c.{1 u,y
NotarY Pubhc
My commission expires ~ -- 31 ~oZ-
---
ArneodJUent and Restatement of Revocable Trost A.greement
of PAULA R. pFEuFER
19
Walsh &: Jayce. P.A. . Allorneys al Law . 1_800-480-6365
.
.
STATE OF MARYLAND
CITY /COUNTY OF /3/jL.r! {'-'f I] /. F=.-
I HEREBY CERTIFY that on August H, 1998, before me, a notary public of the State
of Maryland, personally appeared ,~:: ~J,_l e- ,: ' C.:; f " ,/ , the ili -:: -: Pi t' J I di'" rd of
FIRST UNION NATIONAL BANK, the trustee named in this amendment and restatement of
revocable trust agreement, and, being authorized to do so, acknowledged this amended and
restated revocable trust agreement to be the act and deed of such corporation.
'~~A~E-' ,
~r'\l'~:~.D/-~&'
{it.,:', :",:;t"'\ 1:
>..", ~ ~./ ..:~}.:~'~
.~~ ,~.
" ./1
,.
~/ " r l-.,.--<-.
Notary Public
.J /
<, U/--<..:/~,
-.f::'"
C' , I." -
"r'';'~....-/'
M_..~... _........._-
//I:.'tc
My commission expires
.3 ,:; / . (<2. .
Amendment and Restatement of Revocable Trust Agreement
of PAULA R. PFEUFER
20
Walsh & Joyce. P.A. . Anorneys 01 Law . 1-800-480-6365
EXHIBIT C
.
.
EXHIBIT C
DEATH CERTIFICATE OF PAULA R. PFEUFER
DATED JULY 7, 1999
VALID ONI.. Y
Wrrn:
IMPRESSED
SEAL
I HEREBY C ~TTIIE ATTACHED IS A TRUE COPY OF
RECORD ON . ~ DIVISION OF VITAL RECORDS
.
DATE ISSUED:
MAR .2'0 2002
~ dd~
rATE REGISTRAR-<>FVV~CORDS
Please Type or Print In Black Indelible Ink. Assure All Copies Are Legible.
State of Maryland / Department of Health and Mental Hygiene
em'23aptlB perPhyG773 7/19/99 EW Certificate of Death
I'
9. Birthpllce (SI.,. or Fcn;gn
CoootryJ
New York
Usual Residence of Oecedenl
10a. Stat.
tOd. Inside City limils
1~.S ~ No
Maryland Baltimore
i 100. - WId Number
17 North Hilltop Road
Catonsville
21228
U.S.A.
11. ....rital StatUI
10_Manled 20Maniod
3~ .00lv0rc0d
12. Wa. Decedent Ever .. U.S.
AImed Forct!1..
10Yos 21'No
. Ve., G;..e
V..rOt OIles:
White
13. Wasllaatdenl 01 H~1c 0rlg;n7 (~Yes or H0-
ff Yes. specify Cublin. Mex\cari. Puer10 RiCBn. &Ie.)
10 Yes 2)l{No 5pscify:
,... Race. American Indian,
Black. Whil., "c.
, 5. Oecedenr. Educalion
(SpedIy only hlgho$/ prado ccmplo'od)
E*n"'''YlSecondary (0.12) Cot1eg& (Hor 5+)
12
161.. Oecedenl's USual' Oc:cupalion
(Give kind 01 MOtt dtKH1 dumg most 01 worlrng
m.. DO NOT UH retinKJ}
homemaker
home
17. Father's Name (RrsI. AI~. LAst)
unknown Rappaport
unknown unknown
19a. Informant's NameIRelalionshlp (Type. Print)
Mr. Bruce Pfeufer
19b. M8iing Address (51,...' and M.tmI:Jw CK RurrJI Route Number. City 01 Town. St.t., r" Code)
17 North Hilltop Road Catonsville, Maryland 21228
Dal.
2Oc. localion. City 01 Town, State
I
: 07/10/99
Baltimore, MD
22. Name and Address of Fadity
Slack Funeral Home, P.A.
3871 Old Columbia Pike Ellicott City, MD 21043
.rtl.. ~:-,,~,:'::~u.. =-=:. u: :~~~ death. Do nol enter Ihe mode of dying. such as cardiac OI1'8spiralCKy arres!. I ~"':""B:::..n
Onset .nd Dum
/\ CIA. +e (2.e na.1
~JlIre....
{b,
S_Ia!J Us, condllon..
llIny, ~ 10 mmediale
..- En.. Undet1y"ll
Cause (OiMI. Of irilU'Y
thai iniIl.ted..,..,.,
ntSutllng in a.1h) Lasl
Due 10 (01 as a consequence 01):
SEPT! CEHI A
Due 10 (or as a consequence ot):
Due 10 (Of as a consequence 0#):
Pari N. 01.,., .Igntfk:anl condlUon. conlrlKlling 10 death buC nol ,esutling In lhe undertp'ag cause oNen in Pan I.
I 23b. Old tobacco use contribut. 10 the uus. of cM..h7
I 'DY.. .0Na 30P,_bIy 4)Il('Unknown
24a. Was an aulopsy 24b. Were aulopsy tindings
pertonnA(l1 available prior 10
complellon 01 cause
oIdeIIlh1
n
lOVes
10 Yes 2P(No
No
25. Was CIIS. ,.Iened 10 medic:81
e.aminer?
toYel 2
27. Manner at
~alur.1
20__
30 Suicide
4 0 Homicide
26. Place 01 Dealh Check on one
Hospilal; '~lienl 20ERIOutpalienl 30 DOA Other: 40NlningHome SoAesidence 6 OOther (Specify)
28a_ Dale of Injury 12Bb. Tme at 2Bc. Injuty1.1 28d. Desaibe how iniUIY occurred
{Mottth. 0.; Year} Injury Work
M 'DYes 20No
2Be. :~~. ~.1$p':,;1;je. larm, stree.. I.dory. otfit>>
S [) Pendng
Wwesligailion
6 0 Could naI be
det8""ined
281. Localion (51ree' and Number or Rural Route Number.
City or Town. Sr.,.)
ng Phy"~: To the best of my knowledge. dulh occurred allhe lime, dale and place, and due 10 Ihe cause(s) and manner as slaled.
2 MMIc8t Eumtner: On the basis of examinalion andfor investigllion, in my opinion. dealh occurred al the lime, dale and place. and due 10 the causels)
and manner slaled.
6'\
..,J
!\.l
I ~
;;- , t-
.,~~ . t'
~i.\ . t-t
l.)
f'\
i'V
i "
t"::-....J.
u i
J (' \.
V'. '\.
EXHIBIT D
.
.
EXHIBIT D
APPOINTMENT OF COMMUNITY TRUST COMPANY
AS SUCCESSOR TRUSTEE DATED MAY 13,2004
.
.
APPOINTMENT OF SUCCESSOR TRUSTEE
CHARITABLE REMAINDER UNITRUST ESTABLISHED UNDER THE
PAULA R. PFEUFER REVOCABLE TRUST
DATED JANUARY 21. 1998
THIS APPOINTMENT OF SUCCESSOR TRUSTEE is executed in triplicate on this
I~J..A day of May, 2004, by and between BRUCE A. PFEUFER, as Beneficiary, and
COMMUNITY TRUST COMPANY, a Pennsylvania trust company with its principal offices
located at 3907 Market Street, Camp Hill, Cumberland County, Pennsylvania 17011, as Successor
Trustee.
1. The PAULAR. PFEUFERREVOCABLE TRUST, DATED JANUARY 21, 1998
(herein called the "Trust") was executed on January 21, 1998, by and between PAULA R.
PFEUFER, as Grantor, and FIRST UNION NATIONAL BANK, as Trustee;
2. The AMENDMENT AND RESTATEMENT OF REVOCABLE TRUST
AGREEMENT OF PA-pLA R. PFEUFER (herein called the "Restatement") was executed on
August 18, 1998, by and between PAULA R. PFEUFER, as Grantor, and FIRST UNION
NATIONAL BANK, as Trustee;
3. The Grantor, PAULA R. PFEUFER, departed this life on July 7, 1999, thereby
establishing the Charitable Remainder Unitrust for the benefit of Grantor's son, BRUCE A.
PFEUFER, under Section 3(D) of the Trust;
4. The Charitable Remainder Unitrust was subsequently transferred to SUN TRUST
BANK, as Successor Trustee;
5. The Beneficiary of the Charitable Remainder Unitrust, BRUCE A. PFEUFER, acting
under the authority of Section 4(C) of the Trust, seeks to remove SUN TRUST BANK as Trustee;
6. The Beneficiary, pursuant to the authority of Section 4(C) of the Trust, hereby notifies
SUN TRUST BANK, in writing, of his intention to remove SUN TRUST BANK as Trustee;
7. The Beneficiary, acting pursuant to the authority of Section 4(C) of the Trust, seeks
to appoint a Successor Trustee and, accordingly, so appoints COMMUNITY TRUST COMPANY,
1
.
.
as Successor Trustee with all the duties and powers, including discretionary powers, granted under
the Trust or by law; and;
8. COMMUNITY TRUST COMPANY desires to accept such appointment as
Successor Trustee.
NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENTS thattheBeneficiary,
BRUCE A. PFEUFER, hereby removes SUN TRUST BANK as Trustee of the Trust and hereby
approves and appoints COMMUNITY TRUST COMPANY as Successor Trustee of the Trust to
serve with all the duties and powers, including discretionary powers, granted under the Trust or by
law. COMMUNITY TRUST COMPANY hereby accepts the transfer, assignment and delivery
to it and its successors and assigns, of any and all Trust assets, and undertakes to hold, manage,
invest and reinvest such assets, and to distribute the income and principal of the Trust, in accordance
with the provisions of the Trust.
IN WITNESS WHEREOF and IN AGREEMENT TO THE WITHIN REMOVAL
AND APPOINTMENT OF SUCCESSOR TRUSTEE, the parties hereto have hereunto set
their hands and seals the day and year first written above.
WITNESS:
6T ~(j/ ]-
~
STATE OF
SS:
COUNTY OF
On this, the /?I!; day of May, 2004, before me, a Notary Public, the undersigned officer,
personally appeared BRUCE A. PFEUFER, known to me (or satisfactorily proven) to be the person
whose name is subscribed to the within Appointment, and acknowledged that he executed the same
for the purposes therein contained.
IN WITNESS WHEREOF, I have set my hand and official Seal.
hehl'PtS~CiJ,l1% .
Notary Public
My Commission Ex~~re~: I I
2
o
Notarial Seal
Reoecca J. Oar!<, Not"",' Qfllc
Hampden Twp., Cwnt""'"",, ,:_~_,.inty
My CQrnmisSion ExPres D",<:. , i. 2006
Yimber. PennsyMI1laAssocialiJnO ~
.
.
ACCEPTANCE
TheJoregoing Appointment of Successor Trustee was delivered, and is hereby accepted, at
0."-.7/0 //7/ , Pennsylvania, on May /fr12004-
ATTEST:
COMMUNITY TRUST COMPANY,
TRUSTEE
CLd~1 ~
( ,
.,
~
.~__;;__;;>-~-"_;;n:::~~ (SEAL)
By: SUSAN A. RI1SSELL, President
and CEO
COMMONWEALTH OF PENNSYLVANIA
SS:
COUNTY OF CUMBERLAND
On this, the /111 day of May, 2004, before me, a Notary Public, the undersigned officer,
personally appeared SUSAN A. RUSSELL, who acknowledged herselfto be the President and CEO
of COMMUNITY TRUST COMPANY, Cumberland County, Pennsylvania, a Pennsylvania Trust
Company, and that she as such President and CEO, being authorized to do so, executed the foregoing
document for the purposes therein contained by signing the name of the corporation by herself as
President and CEO.
IN WITNESS WHEREOF, I hereunto set my hand and official seal.
~<~r_QuV(
Notary Public .
My Commission Expires: t I OG?
Notarial Seal
Rebecca J. OaJ1<. Notary Public
Hampden Twp.. Cu11ber1aro County
My Commission E)q:ires 0f:Jc. 17, 2003
Member. PelI11)'1van1a~a.....
3
EXHIBIT E
.
.
EXHIBIT E
LETTER OF APPOINTMENT OF FULTON FINANCIAL
SERVICES AS SUCCESSOR TRUSTEE
DATED OCTOBER 4, 2006
llllqIL~~b 1/:qL
1.L11.:51.
\,.,UIVIIVIUI'lJ. I Y I r:;U::l I.
rH<:l!:. (J~
/
Bruce A. Pfeufer
17 N. Hilltop Road
Baltimore, MD 21228
410- 744-0079
I . . .' ~ ,t
,. '.1 ;",:~
October 4, 2006
James White
Community Trust Company
3907 Market Street
Camp Hill, PA 17011
Re: Paula R. Pfeufer CRUT
Dear Mr. White:
It is with great regret that I must notify you of my decision to transfer
the above-referenced account to Fulton Financial Advisors. I have
enclosed a restatement of the document removing Community Trust
Company as trustee and appointing Fulton Financial ~dvisors as
successor trustee.
I understand from your fee schedule that there are costs associated with
my decision and I accept them along with any Receipt and Release
document that you would like to provide me. I intend to hold
Community Trust Company harmless against any transactions that
occurred since my accounts were opened at your institution. Mr. Kraft
was very thorough in reviewing my statements with me periodically
throughout tbe year.
Fulton Financial Advisors is authorized to act on my behalf so I ask that
you treat anyone acting in the name of this organization as you would
me. If you have any questions, please do not hesitate to contact M....
..
11/14/2~~5 17:42
7l11"j I.
CUMMUN11 Y II'<Uo I.
t-'A(;jt:. l:13
David Snover, Client Services Manager at 717-771-4249. Thank you for
your prompt attention to my request. And thank you for the
professional service provided by Mr. Kraft.
S~Ar~
Bruce A. Pfeufer
(Medallion Stamp)
. ~.'l t I,. : . :' , -~ r. , . \ ! '
r I' r, I .
~'~:"~~!'.;:&..::::'~~'I;}~'" .....:. ..~:ii ;':i.:
~~:i~~;::&Jj~~Vl~>)h wd
/ .3,5 .!.. . . .' .: .';::;::iT:: ~I( ::NA ;.!/.t, (,-r '
.>h.,,,. .., .. r"'i";9 :."! ..;;;,.\;: ,. M'..:<I ..' ~~,p l'~(~t 5...
! III I 11 111111'1111 '1111 '"' "'llifl' il
~
EXHIBIT F
.
EXHIBIT F
.
APPOINTMENT OF SUCCESSOR TRUSTEE
FULTON FINANCIAL SERVICES AS SUCCESSOR
TRUSTEE DATED OCTOBER 5, 2006
11/14/2005 17:4~
llll3l.
CUMMUNIIY I~U~~
J-'Al.::il:. l::l~
/
APPOINTMENT AS SUCCESSOR TRUSTEE
OF THE
CHARITABLE REMAINDER UNITRUST
ESTABLISHED UNDER THE
PAULA R. PFEUFER REVOCABLE TRUST DATED JANUARY 21, 1998
By agreement dated January 21, 1998, PAULA R. PFEUFER, as grantor established an
revocable trust with FIRST UNION NATIONAL BANK as trustees.
The original trust agreement was amended and restated on August 18, 1998 by the
grantor and the trustee. The grantor died on July 7, 1999.
Under section 3.D of the amended and restated trust agreement, the grantor provided for
a charitable remainder unitrust for the benefit of her son, BRUCE A. PFEUFER, for his lifetime.
Under section 4.C of the amended and restated trust agreement, the grantor's son, BRUCE A.
PFEUFER, may remove the corporate trustee and name a successor corporate trustee.
FIRST UNION NATIONAL BANK was removed as corporate trustee and the grantor's
SOn appointed SUNTRUST BANK as successor trustee.
SUNTRUST BANK was removed as corporate trustee and the grantor's son appointed
COMMUNITY TRUST COMPANY as successor trustee by instrument dated May 13, 2004.
The grantor's son hereby removes COMMUNITY mUST COMPANY as trustee and
appoint FULTON FINANCIAL ADVISORS as successor trustee, with all rights, powers a:pd
duties of the original trustee as specified in the amended and restated revocable trust agreement.
FUL TON FINANCIAL ADVISORS hereby accepts its appointment as successor
trustee-
EXECUTED in triplicate on October 5, 2006.
r
_ _____'ll/~~~~,~~- __~I : ~~__"_.,' !.~"I./ ,j I.
.'.'
\..,UIYIIYIUI'H I Y
I i":U::> I.
rH\:It:. t:JD
.//
,,'
WI1NESS:
~ C\ [) J-i0.U4-
(SEAL)
ATTEST:
FUL TON FINANCIAL ADVISORS,
Trustee
~ D. 'Na.U:>~
By:
R
(CORPORATE SEAL)
STATE OF MARYLAND
COUNTY OF HOWARD
I HEREBY CERTIFY that on October 5, 2006, before me, a notary public ofthe State
of Maryland, personally appeared BRUCE A. PFEUFER, the beneficiary named in this
appointment of successor trustee, and acknowledged it to be his act and deed.
"",uuuu",,'1. ~ 7I2L
"" ... M ~ 1/1.
~~.,~:....:".'4(_:/'i-. ~
~ _'J. f\O C "V~ ~
~ ,..'~\'" oJ,',:.s. ~
~ 'V ~ ~~ v~. ~ -
g :~o 1:. ~ Notary Public
!*: :*g
~ ~ : ~
\. ;'\. 4"._. , a~ l~ j My commission expires 9/ );;;0 10
~-y.O';~~' ~
~ ?;t.....~
STATE OF MARYLAND
COUNTY OF HOWARD
I HEREBY CERTIFY that on October 5,2006, before me, a notary public of the State
of Maryland, personally appeared RAYMOND O. KRAFT, JR., the vice president ofFUL TON
FINANCIAL ADVISORS, the successor trustee named in this appointment of successor trustee,
and, being authorized to do so, acknowledged this instrument to be the act and deed of such
corporation. ~ ~
Notary Public .
My commission expires !ljt IdOIQ
~
Appointment of Successor Trustee of
PAULA R, PFEUFER CHARITABLE REMAINDER UNITRUST
2
EXHIBIT G
.
.
EXHIBIT G
FULTON FINANCIAL SERVICES
LETTER OF INSTRUCTION
DATED OCTOBER 25, 2006
11!14!L~~O
1/.4L
loll 1..)/.
,,-"UIYIIYIUI'I.lll
I~U~.
rHOC".. t:JLi
/
;I
FULTON FINANCIAL ADVISORS'
Making Success Personal.~
October 25,2006
Community Trust Company
3907 Market Street
Camp Hill, P A 17011
Attn: James White
RE: Paula R. pfeufer CRUT
Account #2130119
To Whom It May Concern:
Please use this letter as your direction to transfer in kind all DTe eligible assets from the
above referenced account following the enclosed delivery instructions- We are asking
that you liquidate any Money Market funds and send the proceeds to the following
address:
Paula R. Pfeufer CRUT
c/o Fulton Financial Advisors
PO Box 3215
Lancaster, P A 17604-3215
Also, please transfer all Mutual funds to Fulton's existing account numbers listed below:
Federated funds #36, #019, #0151 - Account #4502479, Group #53186
Vanguard funds #049, #84, #27, #024, #40 - Account #9911610027
We are requesting that all US Saving Bonds be re-registered as follows:
Paula R. Pfeufer. CRUT
Fulton Financial Advisors, Trustee
PO Box 3215
Lancaster. P A 17604-3215
Tax ID #56-6567184
Please forward cost basis information and acquisition dates for all assets being transferred
and close the account after the transfer is completed.
If
One Penn Square. Lancaster, PA 17602 · www-fultonfinancialadvisors.com
Investments. Wealth Management · Corporate and Retirement Services · Private Banking · Insurance
.
.
TRUST
COURT OF COMMON PLEAS OF
COUNTY, PENNSYLVANIA
ORPHANS' COURT DMSION
NAME OF TRUST
(TRUST UNDER WILL OF
or
TRUST UNDER DEED OF Paula R. Pfeufer
DATED AUQust18.1998 )
No. 21-06-1090
PETITION FOR ADJUDICATION I
STATEMENT OF PROPOSED DISTRIBUTION
PURSUANT TO Pa. O.C. Rule 6.9
r-:>
(""'.....:)
::3
, ,
)
-~
;;
I
C..n
-u
c:::>
-.l
Thisform may be used in all cases involving the Audit of Trust Accounts. Ifspace is insufficient,
riders may be attached.
INCLUDE ATTACHMENTS AT THE BACK OF THIS FORM.
Name of Counsel: LOWELL R. GATES, ESQUIRE
Supreme Court lD. No.: 46779
Name of Law Firm: GATES, HALBRUNER & HATCH, P.C.
Address: 1013 MUMMA ROAD, SUITE 100, LEMOYNE, PA 17043
Telephone: (717) t31-9600
Fax: (717) 731-9627
Fo"" DC-OJ rev 10.13.06
\./""'
Page 1 of 10
.
.
Name of Trust: THE PAULA R. PFEUFER REVOCABLE TRUST UlA JANUARY 21,1998
AMENDED AND RESTATED U/A DATED AUGUST 18,1998
1. Name(s) and addressees) ofPetitioner(s):
Petitioner:
Petitioner:
Nallle: COMMUNITY TRUST COMPANY,
TRUSTEE
Addrus: 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 ............................................. 0
D. Transfer of Situs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 0
E. Appointment of Ad Litem . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 0
F. Minor, Unborn or Unascertained Beneficiary(ies) ...................... 0
G. Principal Distribution. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 0
H. Partial/Full Termination of Trust . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 0
1. Missing Beneficiary(ies) .......................................... 0
J. Cy Pres. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 0
K. Williamson Issue* ................................... . . . . . . . . . . . . 0
L. Other Issues .................................................... 0
List:
Please note:
A detaDed explanation of issues checked should be set forth at item 13 below.
* See Wi/lJamson Estate, 368 PI. 343, 82 A.2d 49 (1951), if Trustee was also Execulor of the 5eUlorfdecedenl's eslnte and
recaived commissions in such capacity.
Form OC.Ol rev 10./3.06
Page 2 of 10
.
.
Name of Trust: THE PAULA R. PFEUFER REVOCABLE TRUST U/A DATED JANUARY 21,1998
AS AMENDED AND RESTATED U/A DATED AUGUST 18,1998.
3. Testamentary Trust:
Decedent's date of death:
Date of Decedent's Will:
Date(s) ofCodicil(s):
Date of probate:
or
IlIter Vivos Trust:
Date of Trust: JANUARY 21,1998
Date{s) of Amendment{s): AUGUST 18,1998 (ATTACHED AS EXHIBIT B.)
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.
5. A. State how each Trustee was appointed:
(SEE STATEMENT ATTACHED AS EXHIBIT A.)
B. If a Petitioner is not a Trustee, explain:
Not Applicable.
Form OC-02 reI! 10.13.06
Page 3 of! 0
.
.
Name of Trust: THE PAULA R. PFEUFER REVOCABLE TRUST utA DATED JANUARY 21,1998
AS AMENDED AND RESTATED utA DATED AUGUST 18,1998.
6. State how and when the present fund was awarded to Trustee(s):
The trust principal was transferred to Community Trust Company as Successor Trustee following its
appointment as Fourth Successor Trustee on May 13, 2004.
7. Period covered by accounting: May 1, 2004
to November 7. 2006
8. Current fair market value of the Trust principal is 3: 289,235.11
2,3 & 4 of Account.)
. (See page
9. State concisely the dispositive provisions of the Trust:
As Amended and Restated on August 18, 1998, the Trust (SECTION 2) directed payments
of net income to the Grantor for her lifetime. The Grantor died on July 7, 1999.
SECTION 3, Paragraph 0 of the Trusts directs, in pertinent part, that the 90% distributive share of
Bruce A. Pfeufer be retained in a Charitable Remainder Unitrust for his lifetime, and that
he receive quarterly payments in a unitrust amount equal to 5% of the net fair marlet value of the
trust assets as of the first day of each taxable year of the trust. Upon the death of Bruce A.
Pfeufer, any balance remaining in the Trust shall be distributed to the Pfeuffer Family Foundation.
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):
This Account is filed to request approval and confirmation of all prior transactions, expenses,
distributions and disbursements paid from the Trust, prior to awarding the principal to the
Fifth Successor Trustee, Fulton Financial Advisors.
FornlOC.02 rev 10.13.06
Page 4 of! 0
.
.
Name of Trust: THE PAULA R. PFEUFER REVOCABLE TRUST utA DATED JANUARY 21,1998
AS AMENDED AND RESTATED utA DATED AUGUST 18, 1998.
11. State why a Petition for GuardianlTrustee Ad Litem has or has not been filed for this
Audit (see Pa. D.C. Rule 12.4):
No Petition for GuardianlTrustee 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:
Date
Payment
Interest
NONE.
B. If any such taxes remain unpaid or are in dispute, explain:
NONE.
13. Describe any questions requiring Adjudication and state the position ofPetitioner(s) and
give details of any issues identified in item 2:
NONE.
Form OC-02 rev 10.13.06
Page 5 of 10
.
.
Name of Trust: THE PAULA R. PFEUFER REVOCABLE TRUST U/A DATED JANUARY 21,1998
AS AMENDED AND RESTATED U/A DATED AUGUST 18,1998
14. Written notice of the Audit as required by Pa. a.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 Audit
together with a statement executed by Petitioner(s) or counsel certifying that such
Notice has been given.
C. lfany such party in interest is notsuijuris (e.g., minors or incapacitated persons),
Notice of the Audit has been or will be given to the appropriate representative on
such party's behaIfas required by Pa. O.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. O.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) haslhave notice or knowledge, having or claiming
any interest in the Trost, whether such interest is vested or contingent, charitable or
non-charitable. This list shall:
A. State each party's relationship to the SettlorlDecedent and the nature of each
party's interest(s);
Name and Address orEach Pt111t' In 1nterest
Bruce A. Pfeufer
17 North Hilltop Road
Baltimore. MD 21228
Relations/,iD ond Comments, if om' 1nterest
Son Lifetime Unitrust
Beneficiary
The Pfeufer Family Foundation
c/o Bruce A. Pfeufer
17 North Hilltop Road
Baltimore, MD 21228
Charity Residuary
Beneficiary
Fonn DC-OJ rev 10.13.06
Page 6 ofl 0
.
.
Name of Trust: THE PAULA R. PFEUFER REVOCABLE TRUST U/A DATED JANUARY 21.1998
AS AMENDED AND RESTATED U/A DATED AUGUST18, 1998.
Name and Address of EDel, Part\1 III '"t/!1'elt
RelDlloll8l1iD and Comments. If Q.//jI
IIIterest
Office of the Attorney General
Attn: Michael T. Foerster, Esq.
Strawberry Square, 14th Floor
Harrisburg, PA 17120
Parens Patriae
Fulton Financial Advisors
Attn: David Snover, Trust Officer
30 South George Street
York, PA 17401
Successor Trustee
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. IfPetitioner(s) haslhave Imowledge that a Trost share has been assigned or attached,
provide a copy of the assignment or attachment, together with any relevant supporting
documentation.
17. If a tmstee's principal commission is claimed:
A. Ifbased on a written agreement, attach a copy thereof.
FarmOC-02 revlO.13.06
Page 7 of 10
.
.
Name ofTrust:THE PAULA R. PFEUFER REVOCABLE TRUST U1A DATED JANUARY 21,1998
AS AMENDED AND RESTATED U1A DATED AUGUST 18,1998
B. If a principal commission is claimed. state amount.
$2,002.07 For Trustee's Fees for October 2006 through May 2007.
$3,410.38 For Trustee's Termination Fee.
C. If a principal commission is claimed, state the amounts and dates of any principal
commissions previously paid in prior accounting periods.
Amount
Date Poid
$8,281.11
07/13/2004 through 11/06/2006
18. If a reserve is requested, state amount and purpose.
Amount: $8,575.00
Purposfl.' (1) $850.00 for preparation of 2006 and 2007 Federal and PA Fiduciary Income
Tax Returns; (2) $6,850.00 for legal fees to Gates, Halbruner & Hatch, PC for preparation
of the First and Final Account, Petition for Adjudication of the Account and related
documents and Notices; and (3) $875.00 for filing fees, publication, postage and copies.
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
parties in interest? ........................................ laYes DNo
If so, attach a copy of the notice.
19. Is the Court being asked to direct
the filing ofa Schedule of Distribution? .......................... 0Yes DNo
Fonn OC-02 rev 10.13.06
Page 8 of 10
.
.
Name of Trust: THE PAULA R. PFEUFFER REVOCABLE TRUST utA DATED JANUARY 21,1998
AS AMENDED AND RESTATED utA DATED AUGUST 18,1998
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:
Proposm Dlslrlbulee(s}
Amo/mtlProporllon
Fulton Financial Advisors, Successor Trustee
100%
B. Principal:
Proprned Dl8lrlblllee(a}
Amo/mtlProporlion
Bruce A. Pfeufer
(Quarterly unitrust distribution for 1 st Quarter 2007)
Fulton Financial Advisors, Successor Trustee
$3.609.64
100%
Submitted By:
(All petitioners ,mISt sign.
Add additional lines ifnecessary):
Community Trust Company
Name of Petitioner.
BY: ~.~ IJ/M. VI?
N?fl of Petitioner: '
Form OC-Ol rev 10.13.06
Page 9 of 10
.
.
Name of Trust: THE PAULA R. PFEUFER REVOCABLE TRUST U/A DATED JANUARY 21,1998
AS AMENDED AND RESTATED U/A DATED AUGUST 18,1998
Verification of Petitioner
(Verification must be by at least one petitioner.)
The undersigned hereby verifies * [that /lel3/1f~ he is title Vice President and Trust Officer
of the above-named name of corporallon Community Trust Company and] that the facts set
forth in the foregoing Petition for Adjudication I 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).
~;/t~)
lie
* Corporal/! petitioners mllst complete bl"tlclu!ted in/ormation.
Certification of Counsel
FOrlll OC-02 rev /rJ./J.otJ
Page 10 of 10