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"..',.'..:..".1... 11'..1."." 1'.'..1,.,11",.....,1 i,. :.!.'.' .," '1, Ii" 1'1.'1' '..' I' I ' :! ! I ! '! I '! : i! I! I ; ; j i ~ ' ; : i "II I 1I1, ' ' i,; I I :, ) 1 :; I I ~, I! I ' j , ! '- I : I ,'II ! ': I !'] II ': I"..," I':'i i"" I,I,.}' 11'1111:' '.' II , '1.'1. I I ' ' :, ,I' I I; I; 1'1'11 I 'I" , ,I, ;1 II. iii' ':,', ,ii' ; , i "r,! 'j :1 I i " "" I " I, I " I, 'I" 'il I', I " '";1' I II I,. :11 'ill ;'!.I: , :i " a p~wer of appointment. except that I do not exerciee any power of appoil1t~ 'ment given to me by my wIfe. tOllauphln Ileposit Bank snd Trust Company slld my daughter. Sussn Wert, Trustees or their aurvivor or aucceoaor under an Agreement of Trust executed by me on , 1981, to be held by them and added to and administered as part of the trust eatahliahed hy aaid Agreement. Said trust is in existence oa of the date of execution of this will, and it ia my intention to incorporate ito terma and any amendment a thereto herein by reference. 3. If any beneficiary ahould die within aixty (60) daya after me or within aixty (60) days after the death of any peraon, survival of whom determinea his ri!\hts hereunder, then he shall be deemed to have predeceaaed me or auch other peraon for 011 purpoaes of thia will. 4. No intereat of any beneficiary hereunder ahall be aubject to anticipation or to pledge, aaaignment. aale or tronafer in any manner, nor ahall any beneficiary have power in any manner to charge or encumber his interest, nor ahall the interest of any beneficiary be liable or subject in any manner while in the possesvion of my fiduciaries for any lisbility of such beneficiary, whether such liability arisea from his debts, contracts, torts, or other engagements of any type. 5. AllY amounts or oasets which are payable or distributable to a minor hereunder may, at the discretion of my fiduciaries, be ~sid to the parent or guardian of such minor, to the person with whom such minor resides, or directly to such minor. or may be applied for the use or benefit of ~uch minor. - 2 - ~ithout limit~tio~ executiori,of Joint income tax returns, election to deduct expenses in computlnll one tax 'or another, election to split gifts, and election Lo payor to defer payment of any tax, in all events without their being bound to require contribution from any other person. (n) To operate, own, or develop any business or property held hereunder In any form, including without limitation sole proprietorship, limited or general partners~Ip, corporation, association, tenancy in common, condominium, or any other, whether or not they hsve restricted or no management rights, as they in their discretion think best. i. I direct that all estate, Inheritance, and succession taxes that may be sssessed in consequence of my death, of whatever nature and by whatever jurisdIction Imposed, shall be paid out of the principal of my general estate to the same effect ss If ssld tsxes were expenses of sdmln- 'istration, and all property includible In my taxable estste for federal or state tax purposes, whether or not passing under this will, shall be free and clesr thereof; provided, however, that my executor may J.n its dlscre- don reqLlest payment of sny portion or all of said taxes out of the principal Qf sny trust established by me, to the extent expresaly authorized under the terms of ssld trust. 8. I appoint as executor hereunder Dauphin Deposit Bank and Trust Oompany, of Harrisburg, Pennsylvania. The said Dauphin Deposit Bank snd - 7 - . o ' ,~ ~ ~!il . i I?l ~ ,~ C7\ m] . ... ,,' ~JJ g i ~ ~ 8~ . .s 1 -~ ~ ~ ... ~ hl~ . ... ~ e ~, lEI,% 1 E !:1 !ill-< Ul & !lhl ~ ~ I , ...,., ,..' it I I .5 () (; :] '') 5 Ii () '" , . I L~w Offices of DOIl~ld R, Walsel Victoria Place - Suite 113 4so~ Li"gl~.lowll Road Harrlshurg,I'A 17112 " ..' , ,,' i", (- . , . . .' , " sentatlves as to the amount of taxes and expenses payable hereunder). ,and the remaining balance of the principal held In Trust A at her death shall be added to and considered part ofTrust B and shall be administered and distributed under the provisions herein governing Trust B. 5. IniIliD.. The Income and principal of Trust !3 shall be distributed as follows; (a) ~. The net income from Trust R shall be paid at least quarterly to or for the benefit of Settlor's wife for her lifetime, (b) &inl;iplll. The Trustee(s) shall from time to time pay such sums from the principal of Trust B to or for the bene/it of Settlor's wife as may in the discretion of the Trustee(s) seem necessary for her support. maintenance and health care, and for the maintenance by Settlor's wife of the standard of living maintained by her during Settlor's lifetime, taking into account such other sources of income, support. insurance and governmental benefits, and estate that may be available to her. In determining whether any invasion shall be made for the benefit of Settlor's wife from the principal of Trust A or from the principal of Trust B, such invasion be made from Trust A as far as practical. (c) Lellal SuppQIi OblillatioD. No payment shall be made under subparagraphs (a) or (b) above which would discharge to any extent the legal obligation of any person for the support of the recipient of such payment. 5 ~, I , (d) Stone HarbQI Property. While held In Trust B, the Trustees shall pennlt the Stone Harbor Property to be used by Settlor's wife and children and their fumllles for vacations and other temporary uses, without any charge, as said beneficiarie.s may agree, and, if they are unable to so agree, then as the corporate Trustee in its absolute discretion shall decide. Settlor contemplates that said property will be rented by the Trustees to third parties when not used by members of his family. No interest in the Stone Harbor Property shall be sold by the Trustees unless they have received the written consent of those of Settlor's wife and children who are living and competent adults, and any costs of said property . in excess of the income therefrom shall be taken from other principal of Trust B., When Settlor's wife Is no longer living, the Trustees shall distribute a Twenty-five Percent (25%) interest in the Stone Harbor Property to each of Settlor's four children (or, if a child of Settlor does not survive Settlor and his spouse, to the child's so surviving spouse, or if said surviving spouse does not so survive, to said child's issue per stirpes - giving effect to sub-clause (A) of subparagraph (e)(li) below), provided, however, that if one or more beneficiaries who would In the . aggregate receive no more than Twenty-five Percent (25%) thereof give written notice (within seven (7) months after the death of the survivor of Settlor and his wife Jean) to the Trustee(s) of a preference that they receive liquid assets instead of an Interest in the. Stone Harbor Property, then the First Alternate Distribution 6 \, ". ((\eaprlbed In clause (I) below) shall be implemented, and provided, further, that if one or more beneliciarles who would in the aggregate reccive Twenty-live Percent (25%) or more give written notice (within scvcn (7) months aftcr the dcath of the survivor of Settlor and his wife Jean) to the Trustee(s) of a prefercnce to receive liquid assets instead of an intcrcst in thc Stone Harbor Property, then the Second Alternate Distribution (described in c1ausc (Ii) below) shall be implemcnted, (i) Eit:l1Alternate Distributi.Qn, Ifthc First Alternate Dist,ribution is to be implementcd, thcn: . The Corporate Trustee shall determine the fair market value (net of any liens) of the Stor-e Harbor Properly as of the date of death of the survivor ofSetllor and his wife Jean; and . The Trustees shall distribute from other Trust B assets to cach bencliciary who had given timely notice of a preference to receivc liquid assets a sum equal to the product of the distribution percentage applicable to said bencliciary and the said fair market value of thc Stone Harbor Property, and the entire Stone Harbor Property shall be distributed to the benelicia- ries who did not so give notice, in proportion to thcir distribution percent- , ages, (Ii) Second Alternate Distribution, If the Second Alter- nate Distribution is to be implemented, then the Stone Harbor 7 , . . . , . (d) Di~posltlon Upon Application of Rule ^yalnal. Pllrpctultles. Notwlthstatldlng subparagraph (c) above. if during the lifetime ofa person for . whom It separate trust under this paragraph 7 was established the Interest of such person therein becomes void under the applicable rule against perpetuities. then the balance In such separate trust shall then be distributed outright to such person. 8. Survival Clauses. If Settlor and his wife should die under such circumstances that it cannot be detennlned which of them survived, Settlor's wife shall be deemed to have survived him for all purposes hereunder. If any other beneficial)' hereunder should die within sixty (60) days a~er Settlor, or within sixty (60) days after any other person the survival of whom deter- mines his rights hereunder, then such beneficial)' shall be deemed to have predeceased Settlor or such other person for all purposes hereunder. 9. Powers. In addition to such other powers and duties as may be granted elsewhere herein or which may be granted by law, the fiduciaries hereunder shall have the following powers and duties, without the necessity of notice to or consent by any Court: (a) To retain all or any part of the property of Settlor, real or personal, in the fonn in which it may be held at the time of its receipt, including any closely held business in which the Settlor has an interest and any stock orany corporate fiduciary hereunder, as long as in the exercise of their discretion it may be advisable so to do, notwithstanding that said property may not be of a character authorized by law, provided, however. that upon written request by Settlor's 14 ". j' , . I . f i ~ I ,iii I (I) .' To engage In sales, leases, loans, and other transactions with the estate of Settlor, the estate of his wife, or any trust established by either of them, even If they are also fiduciaries or beneficiaries thereof. (m) To make all necessary proofs of death under the insurance policies of which they are the beneficiary, to execute any receipts for the proceeds and to institute any action to collect said proceeds and to make adjustments of any claim . thereunder, provided, however, that they need not institute any IIction unless they shall have been Indemnified against all expenses and liabilities to which they may become subject as a result thereof. If, however, they desire to institute such action without indemnification, they are hereby authorized to be reimbursed for all . expenses and liabilities incurred as a result thereof from any amounts which may be held In trust hereunder then or thereafter. (n) To operate, own, or develop any business or property held here- under In any fonn, including without limitation sole proprietorship, limited or general partnership, corporation, association, tenancy in common, condominium, \lr any other, whether or not they have restricted or no management rights, as they in their discretion think best. 10. Spendthrift Clause. No interest (whether in income or principal, whether or not a remainder interest, and whether vested or contingent) orany beneficiary hereunder shall be subject to antlcipation, pledge, assignment, sale or transfer in any manner, n01' shall any 18 " . I- , ", I' t ~, '. ' beneficiary have powedn any manner to charge ot encumber his said interest, nor shall the said interest of any beneficiary be liable or subject In any manner while in the possession of the fiduciaries for any liability of such beneficiary, whether such liability arises from his debts, contracts, torts, or other engagements of any type. II. Facility...cl.PjU'ments for Minors or Incompetents. Any amounts which are payable or distributable hereunder to a minor or incompetcnt may, at the discretion of the fiduciaries, be paid or distributed to the parent or guardian of such minor or incompetent, to the person with whom such minor or incompetent resides, or directly to such minor or incompetent, or may be applied for the use or benefit of such minor or incompetent. Any amounts or property payable 01' distributable to a person under the age of twenty-one (21) years may in the discretion of the fiduciary involved be paid or distributed to a custodian for such person under the Pennsylvania Uniform Transfers to Minors Act. 12. ~. Estate, inheritance and succession taxes that may have been assessed in consequence of Settlor's death, of whatever nature and by whatever Jurisdiction imposed, whether or not on account of property passing hereunder, other than generation-skipping taxes, may on request of Settlor's personal representatives and consent of the Trustee(s) be paid out of the principal of Trust B hereunder, as if said taxes were expenses of administration thereof, and all property passing to Trust A shall be free and clear thereof; provided, however, that no such taxes shall be paid out of assets that are not includible in the federal gross estate of Settlor. 13. Trustees. 19 1ft ,It, 'if. J r ' ~ I ... (a) Dauphin Deposit Bank and Trust Company and Susan Wert shall. be the Trustees of Trust A and Trust B. If Susan Wert should be unable or unwilling to serve or to complete the administration of either or both ofTrust A and Trust B, then Janet Staley shall serve in her place. (b) Jon Althouse (son of Robert Charlcs Althouse and Joy Harris Althouse) shall be the Trustee of the Joy Harris Althouse Trust, /lnd ifhe should be unable or unwilling to serve or to complete the administration of said Trust, then Dauphin Deposit Bank and Trust Company shall serve in his place. (e) In the case of any separate trust under paragraph 7 for any issue of Carol Ann Joyce and John W. Joyce, JI'., the Trustee shall be John's mother, Margaret D. Joyce, of San Antonio, Texas, and if she should be unable or unwill- ing to serve or to complete the administration of said separate trust, then Janet and Dennis Staley (or the survivor of them) shall serve in her place. (d) In the casc of ,lilY other scparate trust under paragraph 7, the Trustees shall be Janet and Dcnnis Staley (or the survivor of them). 14. Gender. Unless the context indicates otherwise, any use of the masculinc gender herein shall also include the feminine gender. 15. j.,aw Governinli. This Trust shall be administered and interprcted In accordance with the laws of the Commonwealth of Pennsylvania. 20 '- 26 -'1,__::1 '(' Vl ~. ~ , . ~ . (1:1'$ tl ~ .~~~ 'tl ~ ~ ou I a ~ ~8 . QCfl ~ ~ ~~ ~' CIl r.1 ~~, ~ m '@ ~ , , MoNltES, WALLACE I<< NURICK 100 rlNfO' tJTFlr.El' fI, ... MOil llllll IH\HRlfJUURQ, 1"'.0\. 171M q7 ./ 51!? c , , ~ " +fAtMY' time the Settlor ahould becoma incompetent or fO,r IIny otlt~t r~uon b~ unable to act [n bis own behalf, the carRo ute Trustee may in its absolute discretion pay to or apply fat the benefit of any or ell of the Settlor. his wife and his issue, all or any part of the net income Or principel. a6 the corporate Trustee may from time to time deem ncceaany or adviaable for th.dr support,' maintenance. health care, and education, taking into account, however, such other oOurcea of incoms. support. and estate as may be available to the beneficiary. 3. The primary purpose for the establishment of this trust is to provide for Set t lor's wife, .Jean F. Althouse, in ths event of his decease. The S,ettlor anticipates that a major portion of his estate may be administered hereunder as a result of bequests to the Trustees contained in his will. If settlor's wife survives him, then at the death of the Settlor, the Trustees shllll establish Trust A hereunder by transferdng thereto, from the total property held hereunder, including property received from the estate of the Settlor, a sum equal to the maximum marital deduction finally allowable in determining the federal eatate tax on the eatste of the Settlor, after, taking into account all other items of his gross estate. \~hether passing under his will, this instrument, or otherwise, that Qualify for said deduction, provided, however, that said sum shsll not exceed the minimum amount needed, after. taking into account said other items, to reduce to zero the federal estate tax (after all credits) on Settlor's estate. 1n valuing, the assets ... l.~ 'merller, votIng trust, consolidation or exchanRe, and to deposit any auch securities with any committee, depository, trustee or 6therwi~e, and to payout of the trust created herein, any fees, expenses, and assessments incurred in connection there- with; to exercise conversion, subscription or other rights, and to receive or hold any new securities issued as a result of any such reorganization, read~ustment, merger, voting trust, consoli- dation, exchange or exercise of conversion, subscription or other , rights and generally to take all action with respect to any such securities as could be taken by the absolute owner thereof. (1) To engage in sales, leaaes, loans, and other trans- actions with the eatate of Settlor, the estate of his wife, or any trust established by either of them, even if they are als6 fiduciaries or beneficiaries thereof. (m) To make all necessary proofs of death under the insurance policies of which they are the beneficiary, to execute any receipts for the proceeds And to institute any action to collect said proceeds and to make ad~\Istments of any claim thereunder, provided, however, that the Trustees need not institute any action unless they shall have been indemnified against all expenses and liabilities to which they may become subject as a result thereof. If, however, the Ttustees desire to institute such action without indemnification, they are - 14 - <, RECI!: I P1'S Oli' INCOME 'Inter~etl 1997~05-05 Cl;lpital Reserve Aco,ount b.45 1997~06-05 CapHal Reserve Account 194.50 1997-07~03 Capital Reser.ve Account 166.24 1997~08-01 Capital Reserve ,'Iccount 169.52 ,199"/-09-03 Capital Reserve Account 167,n 1997-10-02 Cl;lpital. Rese,ve Account 1(7,85 1997,-11-03 Capital kese.ve Aocount 14 9.95 1997-12702 Capital Reserve Account 121.65 1997-12-31 Capital Reserve Aocount 142.06 1998-02-02 Capital Reserve Aocount 133.01' 1998-03-02 Capital Reserve Account 1,17.39 1998-04,..02 Capital Reserve Aocount p7.77 1998-05-01 Capital Reserve Account 132.88 1998-06-01 Ark Mcney Market POrtfclic 91.85 1998-06~01 Capital Reserve Aoocunt 4;1.95 1998-07-01 Ark Mcney Market Portfclic 139,13 1998-08-03 Ark Mcney Market pcrdclic 152.3,6' 1998-09-01 Ark Mcney Market pcrt fcliO 167.61' 1998-10-01 Ark Mcney Market Pcrtfclio 160.43 1998-11,..02 Ark Mcney Market Portfolio, 124;,3ff 1998-12-01 , Ark Money Market Pcrtfclio 86.45 1999-01-04 Ark Mcney Market Portfclic 76.0'9 1999-02-01 Atk Mcney Market Portfclic 64,83 1999-03-,01 ,Ark Mcney Market Pcrtfolio ' 55.22 "''";'-'''---.'''---':'''''' 2,977.3t 10 '. 199B-02-1B Daviq Wenger R~nt Payment 199B-02-1B Donald Vsnet - Rent Payment 1998-02-18 mdwaid Reburn, Jr, - Rent Payment 199B-02-18 Joan Vowler - Rent Payment 1~9B-02-18 L. Meredith Grabia~ - Rent, Payment 1998-02-18 Milton Hocker - Rant Payment 1998-03-04 J. Gibbs -Rant Payment 1998-03-04 K. Holmes - Rent Payment 1998-03-04 M. Jaffe - Rent Payment 1998-03-04 T. Dermes - Rent Payment 1998-06-10 J. vowler - Rent Payment' 199B-06-10 M. Waverka - Rent Payment 199B-06-10 T.' Dermes - Rent Payment 1998-07-06 Grabiak - Rent Payment 199B-07-09 K. Holmes - Rent Payment' 1998-07-21 m. Wenger - Rent Payment J. Gibbs - Rent P<\yment S, Miller - Rent Payment D. Wenger - Rent \?ayment D'j' Usner - Rent Payment M. Hocker - Rent'\?ayment 1998-07-21 , 199B-07-21 1998-08-03 1998-08-03 199B-OB-20 1998-09-15 Jaffe - Rent Payment 1998-09-15 Reburn - Rent Payment 199B-09-15 Zettle - Rent Payment 199B-09-21 Brinton - Rent Payment 199B-11-12 Rent Payment 199B-11-20 Rent Payment 1999-01-13 K. Polito- Rent Payment 12 250.00 650. 00 250 :00 200.00 OliO.OO 125.00 250',00 400.00 125.00 200.00 200.00 200.00 150.00 ,325,00 900,00 2,47 5 .00 400,,00 400.00 400.,00 650.00 '260.00 225.00 400.00 225.00 375.00 1,500.00 ,150.00 250.00 '. 1999-01-13 J. Gibbs - Rent Psymen~ 1999-01-21 Rent P~yment 1999-01-21 Rent p~yment 1999-01-21 Rent P~yment 1999-01-21 R,ent Payment 199P-02.,09 T. Derll\es - Rent paymEint 1999-02-09 G. Miller' - Rent Payment 1999-02-09 E. Reburn - Rent Payment 1999-02-09 R. Brinton - Rent Payment 1999-02-09 K. Holmes - Rent Payment 1999-03-01 'to Dermes - Rent Payment ., Total Reoeipts of Income 250.00 250,'00 150.00 850.00 665.00 150.00 250.0'0 250.00 200.00 400.00 150.00 ~-~--~------- 28,'4434~O 31,420.31 13 ....-.......--......--- 1lt"".1II'.."'...........-""... . ,1997-11-06 1997-11.,20 1997-11.20 1997-11-26 . , Dauphin Deposit Bank and Trust Co. -Commission 156. 93 276. 66 , 7 .73 27 . 30 10.30 27 . 30 7 .55 6. 08 36. 61 , 25.74 7:, 18 627. 39 JI 7. 44 13. 32 ' 214 . 04 422,00 Borough elf Stone Harbor - Utili ty Expsnse South Jersey Gas Company", Utility Elxpense Bell Atlantio -~elephone mxpense J997-12-0S Atlantic Electric - Utility Expense 1997-12-23 Bell Atlantic -'relephone Expense 1997-12-23 'South Jersey Gas Company - Utility Expense 1997-12-31 Dauphin Deposit Bank and 'rrust Co. - Commission 1995-01-16 Atlantic Electric - Utility Expense 1998-01~21 Bell Atlantic - Telephone Expense 1998~01-22 South Jersey Gas,C9mpany- Utili ty Expense 1998-01-27 Stone Harbor, Tax Colleotor ~ 1998 1st Quarter Real Estate Taxee 1998-02-01 'Atlantic Electrio'- Utility' Expense 1998':02-06 1998':02-06 1998~02-17 P.tlentic 'Electrio - Utility , , Expense Bo,~ough of Stone Harbor - Utili ty Expensa Pmaha Property and Casualty Insurance Co.- Insuranoe Premium 1998~02-25' South Jersey ~as Company - Utility ExpenSe ' 7.94 1998-03-04 Hoover's Cleaning - Balance due 105.95 16 /~ii,~!~.)DCdi~,iq pi'i;) .. .... I i,I"!', 'uJi ,: ;:l",':::;!::J,I,':~'::L"UI ,,,,,,i)' Hj Ul , ::'n1:IL,~~~{nsP!eg 'Ol_"U,lH:ht\qL'n\ ,(-j ,,);:1 ',){l OF" (:'1 ';'Jll.HHJJllUOO jOt lH.IIJ '.:1,\ ,,' 1/'-"'1 - ,i;!diL..!....". .-- -".' .... .... ,- ,. 'p'!;)ll\}IJ It L .... " " ',),qu I,ua RUq' '1111' , I'''' lillll'\/1\,'''.) ,,,. ,: ~;, . . 6uI1'1' "1\11" ";1Ij'>\) IPIl.,' .'-~Hi~\~l rqqHO ,r,"" , " , '" "- ill '" ~ ~ ~ ~ '" 0 Z ~ '" ill 0 0 ...,'" '" ill ~~~ H ,<:l . GO ..., 'M '" Vl 0 "'w'" VI ~ CfJ 'i H", '-' ~ ",..., . o <I ~ ~ ,... :;] <><'" HM e . ~ ill ~ zo~ Ao ~ . H,..... k A 0 . I :>:i....NilI o'-'~ ~:;; I'l'-'''' ~~~ 'f::O:;j'Jij 'M .. j 0' ~ .c: '" ill '-'~ <ll ~ k QI <><"'~ ~ ~ ~ .o<l~~ ::> e I'l ~. o ill A '" H '" - . I'ti Il A "' ~f< VlO ill '0 ~z H <ll QJ Q,I '0 >. 'tl ::> ,cl .. '" ill .o~Vl &l ",~",'tl ~u ~ '01:1 'tl 'tl 0 H ~ ~ ill ~ U 0 ~ '" f. '" Vl 'J:' To.., , (),~il1J tf '~?,nJl r.';;03 oql ~e 'In'Mn19~1 UOIJ"q'JI3IP 10 O,q .peLlOB pSSOdOJd lHIt.\ fI:)lIl,'p,I\):JO[l UI p",oap uOllnq,JIOIP puu I.IOlnloo~jJ ptWJlIUOO lunooo'r-'bEb7:-r; ~?'f . . ". 'j,. '99' ,If\H 26 I".') .\ 1 ..t.'." "0 'I' (", L Gt/Il);- '.> ........ ~ :\ ~ " " II , t'.' 'i, ~ 'I, " , ,). c, ,,' ,il ',1; :. ") '.I' .L: " ,., J:.: !'.\ .' t: ,', ( " ., .. r: '" ,. r \0 - c~ \1) .~ 1_ ~ ~-~ ::1 <,\ I' I\) ., w " ~;I (i 0 " .. ._~ 'r.: ,; /,1 ~l n' 3: l(i . " " ~ r" '" '~~ ;,;t > .~: ;l.~ e, 7;2 ., c; .::' .C () It! ... ~ ,... ., ~ 0 [;~~ l ,; .e .-, ,. 0 ',', _l~ " t' -;!; . " \~ ,. (f,! r,' " . Ii " 1/; ., r , " " " .. . 10/05/98 Dauphin Deposit Bank IInd 41,6'1 Trust Co. . Trustee Fee 11/16/98 Dauphin Deposit Bank and 41,67 Trust Co. . Trustee Fee 12/07/98 Dauphin DepoS it Bank and 4.1,66 ',!,ruet Co. . Trustee Fe~ 01/05/99 Dauphin Deposit Bank and 41;66' Trust Co, . Trustee Fee 02/02/99 Dauphin Del?ositBank and 41,67 Trust Co, . Trustee Fee ..... ........ ........ ...~ ...:...... ",- TOTAL DISBURSIlMlIlflTS OF I'lCOMIl"."".,'", ,'. . .. , ,I' 13 { 2,636.33 .........n.=.IIl. . ""'" ~ 4, The principal asset held in the residue of the Estate is the "Stone Hnrbor Pl'OpeI1y", whioh is the renl property known as 255 Eighty-Ninth Street, Stone Harbor, Cape, May County, New Jersey, (and the tangible personal property usuallykept there), 5, Aside from the right to periodic payments to Trust B under said Agreement of Trust from an IRA of the Deceased (the proceeds of which are devoted to the sUpp0l1 of his widow Jean F, Althouse) which IRA now has a value of about $165,000,00, the Stone Harbor Property, which is the principal residuary nsset of the Estate, will be the principal asset of Tnlst B under said Agreement of Trust, (Pursuant to the language of said Agreement of Trust, no assets will pass to Trust A.) Explanation 6, During his lifetime, Decedent had regularly brought his children and their families together to the Stone Harbor Property in order to strengthen the relationships within the family, He very much desired that use to continue, to the extent practical, after his lifetime, (He intended the Stone Harbor Property to be rented to others during most of each summer.) See paragraph 5(d) of the Agreement ofTmst as amended, 7, Attached as Exhibit "B" is a copy of "Agrer.ment: Stone Harbor, NJ" Property", dated April IS, 1997, among the Executor, the Trustees, all four of the children of the Deceased, the spouses of three of the children and the son (Jon) of one of them, with a Consent by the Deceased's widow, setting out how the Stone Harbor Property would be managed, in large part by two of the Deceased's children, in conjunction with the Executor or the Trustees (depending on where the title to the Property would be), ..2.. , -~, ,......., Nam~ IInd Ad4rw ~elntiQQshlp Sill Juris w: Dat~.lllI1b1 (b) Joy Hnrris Althouse Wife of (a) Sui J~rls 1509 ColTeyvllle Trail , l'lano, TX ' 75023 (c) Jon Althouse, Individunlly Son of (a) Sui Juris and for, and as Trustee of, the Joy Harris Trus! under ~6 of the Agreement of Trust 9319 Palmer Drive Peoria, AZ 85345 (a) Jordan Elisabeth AlthOUSJ '4/17/96 (e) Isaiah Robert Althouse Children of (c) 4117/96 (t) " Jonah Robert Althouse 2/13/98 9319 Pnlmer Drive Peorill, AZ 85345 ,(g) , Carol Ann Joy~e Daughter of Deceased, SuiJurls 6715 Dartbrook Drive Dallas, TX 75240 (h) , John W, Joyce, Jr, Husband of (g) Sui Juris 6715 Dartbrook Drive Dallas, TX 75240 (i) Robert Dodd Joyce ] 5/2/88 (i) Erin Elizabeth Joyce Children of (g) 5/19/90 (k) Margaret Jean Joyce 7/4/95 671 S Danbrook Drive Dallas. TX 75240 (I) Janet L. Staley Dllughter of Deceased Sui Juris 11842 East Shorf; Drive Whitmore Lake, MI 48189 (111) Dennis M, Staley Husband of(l) Sui Juris 11842 East Shore Drive Whitmore Lake, Ml 48189 .4. ..--... "......, Name and ArlrJrm P-lIlfttlQnsblll Sui Juris ofOlltD oP3lrth? ,en) Cheryl Ann Cote Daug~ter of (I) Sui Juris (0) Michael Cote, Son of (n) 4/24/90 11856 East Shore Drive Whitmore Lake, MI 48189 (p) Mark Evan Stanley Son of (I) Sui Juris 907 Fairfield Court South Lyon, MI 48178 (q) Kristine Staley 3 Children of(p) 9/25/89 (r) Jacob Tyler Staley 1/21/99 907 Fairfield Court South Lyon, MI. 48178 (s) Stephanie Marie Holycross Daughter of (I) Sui Mis 13845 Monarch Drive South Lyon, MI 48178 (t) Ryan Michael Holycross Son of (s) 9/2/97 13845 Monarch Drive South Lyon, MI 48178 (u) Brian Robert Staley Son of (I) SuiJurl$ 11842 East Shore Drive Whitmore Lake, MI 48189 (v) Susan Wert Daughter of Deceased S1,t1 Juris 155 Red Hill Road Grantville, P A 17028 (w) , Gary Wert Husband. of (v) Sui Juris 155 Red Hill Road Grantville, P A 17028 (x) Gerri Ann Harris Daughter of (v) Sui Juris 1555 Girl Scout Road Denver, P,A 1757] , -5. ~ '-.. the survivor's death, With substitution of Trustees that would eliminate the Corpornte Trustee, this provision should ~e modified, and your Petitioners suggest that that portion of clause (i) be amended to read: The fair market value (net of any liens) of the Stone Harbor Property (includ!ng any tangible personal property usually kept there) as of the date of death ofthc sUlvivor of Settlor and his wife Jean shall be determined by the Trustees, based .[ on the average of the fall' market value (net orany liens) as found by two qualified appraisers familiar with properties in Stone Harbor, Qf on the agreement of tile Trustees and all the living children of Robert M, Althouse after review of , the appraisal~ by two qualified appraisers familiar with properties in Stone , Harbor; and Consents 17, Attached hereto are Consents to serving as Trustee by Janet L. Staley and by Carol Ann Joyce, WHEREFORE, Petitioners respectfully request (a) that the Court permit them to resign as Trustees, (b) that, upon confirmation of their account as Trustees, the Court discharge them from a,'1Y further liability as Trustees under the Robert M, Althouse Agreement bfTrust dated April 27, 1981, as amended December 18. 1996, (c) that the Court confirm the appointment of Janet L, Staley and Carol Ann Joyce as successor Trustees without bond, (d) that the Court direct the , amendment of clause (i) of paragraph Sed) of the said Agreement of Trust as set forth in .7. f""I i"""I If at any time the Settlor should become incompetent or for any other reason be unoblo to act in hin own behalf, the corporate Trustee may in ita absolute dincrotionpny to or apply for tho benefH of nny or ail of the Settlor, his wife and' his issue, all or any part of the not income or principal, ao the corporate Trustee may from time to time deem necessary or advisable for their support, maintenanc~, henlth care, and education, taking into account, however, such other SDurcos of income, support, and estate ~s mny bc available to the beneficiary. 3. The primary purpose for the establishment of this trust is to provide for Settlor's wife. Jean 1'. Althollne, in the event of his deccane, The Settlor anticipates that a major portion of his estate may be administered hereunder as a result of bequests to the Trustees contained in his will, If Settlor's wife survives him, then at the death of the Settlor, the Trustees sholl establish Trust A hereunder by transferring thereto, from the total property held hereunder, including property received from the estate of the Settlor, a sum equal to the maximum marital deduction finally allowable in determining the federal estate'tax on the estate of the Settlor, after taHnll into account all other items of hi,S gross estate, whether passing under his will, this instrument, or otherwise, that qualify for ssid deduction, provided, ho\~ever, that said Slim shall not exceed the minimum amount needed, after taking into account said other items, to reduce to zero the federal estate tax (after all credita) on Settlor'a estnte. In valuing the assets ~ 3 ~ , ' "'"" ,~ 5. In addition to auch ~ther powers and duties aa may have been granted ets,ewhere herein or which may be r,rnntod by law, tho fiducinrioB hereunder ahall have the followinA powers and dutiea. without the necessity of ' notice to or consent by any Court: (a) To retain ollar nny pert of the property of Settlor, real or peraonal, in the form in which it mny be held at the time of its rec.ipt, including any closely held business in which the Settlor has an intereot and any stock of the corporate fiduciary hereunder, as long as in the exercise of their discretion it may be adviaable so to do, notwithstanding that aaid property msy not be of a character authorized by law, (b) To invest and reinvest any funds held hereunder in any property, real 0'( personal, including, but not by way of limitation, bonds, preferred stocks, common stocks, ann other aecurities of domestic or foreign corporat,ions or investment truats, mortgages or mortgage participations, and common trust funds, even though such property would not be considered appropriate or legal for a fiduciary apart from this provision, (c) To sell, convey, exchange, partition. give options to buy or lease upon, or otherwise dispose of any property, real pI' personal, at any time held by them, with or without order of court at their option,at public or private sale or otherwise, for caah or other consideration or for such credit terms as '- 11 ~ ~ ,--., . they thil)kproper, and upon such terms Ilnd for such 'prices' lIS thqy may detcrndno, and to convoy such proporty .froe of all t~usts. (d) To borrow money from any person, including any fiduciary hereunder, for any purpose in connectibn with the administration hereof, to execute promissory notes or other oblillations for amounts so borrowed, and to secure the payments of Buch amounts by mortgages or pledges of any property, real or personal, which may be held hereunder. e.) To make loans, secured or unsecured, in such amounts, upon such terms. at such rates of, intereRt, and to such persons , firms or corporations as they may deem advisable. (E) To renew or ex t ell~ the timc for payment of any obligation, secured or unsecured, payable to or by them, for aa long a period of time and on such terms, as they may determine, 'and to adjust, sett Ie and arbi trate claims or demands in favor , of or agains t them. (g) 'In dividing or distributing any property" real or ~ersonal, included herein, to divide or distribute in cash, in kind" or part ly in cash and part ly in kind, (h) To hold, manage, and develop any real estate which may be held by them at any time, to mortgage any such property in such amounts and on such tenns as they may deem advisable, - 12 - ...-." ~ her4by authorized to be reimbursed for all exp~nses ano lia~ bi1l.ties incurre(! an a result thereof from any amounts which may be held in trunC hereunder thon or theronftor, (n) To operata, own, or develop any busIness or property held hereundol' in any form, inc1udlnA without limitation sole proprietorship, limited or general partnership, corporstion. association, tenancy in common, condominium, or any other, whether or not they have restricted or no management rights, as they in their din.rotion chll1k bont, 6, No interest (whether in income or In principal., whether vested or contingent, and whether or not s remainder interest) of any beneflcinry hereunder shall be subject to anticipatio~, pledAe, assignment, sale or transfer in any manner, nor shall any beneficiary have power in any manner to charge or encumber his interest, nor shall the interest of any beneficiary be liable or sub.iect in any manner while in the posnesoion of the Trustee for any liability of such beneficiary, whether such liability arises from his debts, contracts, torts, or other enAagements of any type, 7, Any amounts which are payable hereunder to a minor or incompetent may, at the diacretion of the fiduciaries, be paid to the parent or guardian of such minor or incompetent, to the person with whom such minor or incom- petent resides, or directly to such mil10r or incompetent, or may be applied for the use or benefit of such minor or incompetent, - IS - r"'\ '-, . (d) DJsPQsition Upon Appli9ntion of Rule AlIllll)st Pcr.petuitic&, Notwithstanding subparagraph (e) above, If during the lifetime of a person for whom a separate trust under this pamgraph 7 was established the interest of sueh person therein becomes void tinder the applicable rule against pcrpctuities, then the balance in such separate trust shall thell be distributcd outright to such person, 8, SYrYiYllI Clauses, If Settlor and his wife should die under such circumstances that it cannot be determined which of them survived, Settlor's wife shall be dcemed to have survivcd him for all purposes hereunder, If any other beneficiary hereunder should die within sixty (60) days after Settlor, or within sixty (60) days after any other person the survival of whom deter- mines his rights hereunder, then such beneficiary shall be dcemed to have predeceased Settlor or such other person for all purposes hereunder, 9. Powers, In addition to such other powers and duties as may be granted elsewhere herein or whieh may be granted by law, the fiduciaries hereunder shall have the following powers and duties, without the necessity of notice to or consent by any Court: (a) To retain all or any part of the property of Settlor, real or personal, in the form in which itmuy be held at the time of its receipt, including any closely held business In which the Settlor has an interest and any stock of any corporate fiduciary hereunder, as long as in the exercise of their discretion it may be advisable so to do, notwithstanding that said property may not be of a character ., authorized by law, provided, however, that upon written request by Settlor's 14 ,.-., ,....., , (I) To engage in sales, leases, loans, and other transactions with the estate of Settlor, the estate of his wife, or any trust established by either of them, even jf they are also fiduciaries or bcnefieiaries thereof, (m) To make 111i necessary proofs of death under the insurance policies of which they arc the beneficiary, to cxecute any receipts for the proceeds and to institute any action to collect said proceeds and to make adjustments of any claim thereunder, provided, howcvcr, that they need not institute any action unless they shall have been indemnified against ali expenses and liabilities to which they may become subject as a result thereof, If, however, thcy desire to institute such action without lndemnificatio\1, they are hereby authorized to be reimbursed tor ali expenses and Ilabilities incurred as a result thereof from any amounts which may be held in trust hereunder then or thereaf1er. (n) To operate, own, or develop any business or property held here- under in any form, including without limitation sole proprietorship, limited or general partnership, corporation, association, tenancy in common, condominium, 01' any other, whether or not they have restricted Or no management rights, as they in their discretion think best. 10, Spendthri ft Clause, No interest (whether in income 01' principal, whether or not a remainder interest, and whether vested or contingent) of any beneficiary hereunder shull be subject to anticipation, pledge, assignment, sale ortransfer inllny manner, nor shali any 18 ~ r"" beneficiary have power in any manner to charge or encllmbel'his said interest, nor shall the said Interest of any beneficiary be liable or subject in any manner while in the possession of the fiduciaries for any liability of such bencficiary, whether such liability arises from his debts, contracts, torts, or other engugemenls uf' any typc, 11, Facility of PlIymenls fur Minors or Incompetcl1W, Any amounts which are payable or distributable hereunder to a minor or incompetent may, at the discretion of the fiduciarics, be paid or distributed to the parent or guardian of such minor or incompetent, to the person with who11l such minor or incompetent rcsides, or dircctly to such minor or incompetcnt, or may be applied for the use or bencfit of such minor or incompetent. Any amounts or property payable or distributable to a person under the agc of twcnty-onc (21) years may in thc discretion of the fiduciary Involved be paid or distributed to a custodian for such person under the Pennsylvania Uniform Transfers to Minors Act. 12, ~, Estute, inheritancc und succession taxes that may havc bccn asscssed in consequence of Settlor's deuth, ofwhatevcr nature and by whatever jurisdiction imposed, whether or not on account of property passing hereunder, other than generation-skipping taxes, may on request of Settlor's personal representatives and consent ofthc Trustee(s) be paid out of the principal of Trust B hereunder, as if said taxcs were expenses of administration thereof, and all property passing to Trust A shall be free und clcar thereof, provided, however, that no such taxes shall be paid out of assets that arc not includible in the fcdcral gross cstatc of Settlor, 13. Trustees. 19 -- ,- --.-..... ---. I'-"~'" .......---~.~~~_._--. l.I ,..I' U.l ,I ~I .l 'J . I.) I. \.. ,.,,, ,- ..-, ~t).'~.^ ,/ ~ r"-hr',, (.,'~ /'-i, ~" ,,.., J''''''' ....,,11-., f<",(, I '-~JJ gel-/. , ' AGRF.1tMFlfILSJ'ONE HAlUlQB.JiJ.JROl-'ERTY. THIS AGREEMENT dutcd liS of April lB. 1997, is betweell and wong: DAUPHIN DEPOSIT BANK AND TRUST COMPANY. executor of the Estate of Robert M, Althouse, Deceased, and co-Trustee under the Agreement of Trust dated Apri127, 1981, between Roberl M, Althouse as Settlor and Susllll Werllllld Dauphin Deposit Bank and Tt'USt Company as TrusteeS,llS amended December 18,1996 (hereinafter called -in each capacity. "Dauphin Deposit"); SUSAN WERT, of 155 Red 'fIll! Road, Grantville, Pennsylvania 17028, as Co-Trustee under the said Agreement of Trust as so amended (hereinafter called "Susan Wert/Co-Trustee"); and ROBERT cHARLES ALTllOUSE, of 1509 Coffeyville Trail, Piano, Texas 95023, JON ALTHOUSE, of#208, 17725 Hall Rend, Bethell, Washington 98011, JANET L. STALEY, of 11842 E, Shore Drive, Whitmore Lake, Michigan 48189, , DENNlS M. S1 ALEY. of 11842 E. Shore Drive, Whitmore Lake, Michigan 48189, SUSAN WERT, of 155 Red Hill Road, Grontvi1le, Pennsylvania 17028, GARY WERT, of 155 Red Hill Road, Grantvillc, Pennsylvania 17028, CAROL ANN JOYCE, of 6715 Dartbrook Drive, Dallas, Texas 75240, and .lOHN w. JOYCE, JR., of6715 Dartbrook Drive, Dall;lS, Texas 75240, (hllreinafter oalled "Beneficiaries"). WHEEEAS, Robert M, Althouse, of Cwnbcrland County, Pennsylvania, died on March 18, 1997, owning, among other things, II house and lot known as 255 Eighty-Ninth Street, Stone Exhibit "B" ,-,-.-,- ~ (\ E, Susao Wert, ClUol Ann Joyce, and Dauphin Deposit will each keep the others properly informed especi\l1ly of any problems and of any actions that seem to be required, and provide copies to them of all significant documents. F. Susan Wert anel Carol Ann Joyce shall be reimbursed for their proper expelllies mOUlTed, but will receive no compensation for their services. n. FAMILY USE QE STONE lM.RBOR PROPE.JrrY Paragraph Sed) of the Agreement ofTr\l.'lt as amended on December 18, 1996, provides in part that: "Whlle held in Trust B, the Trustees shall permit the Stone Harbor Property to be used by Settlor's wife and children and their fllItlilies for vacations and other tl;lmporary uses, without any charge, as suid beneficiaries may agree, and, if they ore unable to so agree, then as the corporate Trustee in its absolute discretion shall decide, " TheHeneticiaries agree that the provision that the Slone Harbor Property may be u.~ed "as said beneficiaries may agree" shall be satisfied upon agreement in writing by the four children of Robert M. Althouse, Deceased (or, if one of said children should be incapacitated or no longer living, then by the other children and by the spouse of each such incapacitated or deceased child or, if the incapacitated or deceased child is Robert Charles Althouse, by his son Jon Althouse), said agreement to be in writing and submitted to Dauphin Deposit. Said agreement shall spell out the times when each of the Beneficiaries, and Jean Althouse, may use the Stone Harbor -4. !""\ Agl'eementl 1<'lImil)' lise of StOIlO 11111'1101', N. ,I, l'I'opol't)' 1111s IIgreemellt, dilled Mil)' :J.n,' 1997, is hetwoellthc filllowillg flunil)' memhers; Roho/1 Chllrlos Althouse, of I SOl) CofTeyvllle Tl'RiI, ('Inllo, Te~lIs 7S023, JOII Althouse, ofIl2011, 17725 /11111 ROIIII, Bothell, WlIshillgtOIl')IlO II, Jllllet L. Stilley, of 111142 E, Shme Drive, Whitmore Lllke, Michlgllll 48189, [)elluls M, Stllloy, of 11842 E, Shorc Drivo, WhitmOfo I.ake, Michlgllll 48189, Suslln Welt of 155 Rod Hill ROlld, Grnlltville, I'enllsylvllnin 17028, Gary Wert, of 155 Red lIiII Rond, GI'IlIltville, Pellllsylvllllin 17028, Cllrol Anll Joyce, of 6715 DlIl1hl'Ook Drive, [)III1I1S, Texns 75240, John W. Joyce, Jr., 01'6715 DUl1hrook Drive, Dnlllls, Texns 75240, concel1lillg the lIse of the Stone IllIrhor Propcl1y lit 255 89th Street, Stolle Harbor, New J(~I'S':Y, W,: allllgree thllt from thc dntc of this IIgreclIlenlnnd fill' the ne~t five yellrs, the property will he lIsed by the IIbovc liunily members In SlIhslllntinlly the slime mllnner that it hilS since Ollr fllther bought it, At the end of this five yellr period, the fllmily members have the option to chango tho uso of the ))ropel1y as 101lg as they allllgroe in writing at thRI time, After fivo years fi'om the date of this agreement, this agreement may be tenninated by any one of the above tinnily members, by providing SlIsnn Welt Rnd Carol Ann Joyce ninety (90) days writtellnotice of their wish to terminate the agreement. We agree to attempt to rent the prop cIty for the "usunlrental sellson" ellch year, Each I'eutal week goes fi'01l1 Noon Satlll'day to II AM the following Saturday, TIle '1IS\Utl rental season" for the I st floor a))al1ment is the first Satlll'day following the Fourth of July to the SlItnl'day of Lllbol' Day Wcekond, The "lIslIlIll'onllll sellson" 101' the second 11001' npartment is the IlIst Saturday of May to the IlIst Saturday in September with the e~ceptjon of the eight days prior to the Satlll'day aileI' the Fourth of July, Cl11e ))eo))lo on the second floor lellve one day early that week to allow our family to haw the whole weekend,) It is agreed by ull family members thllt duting the "usual rental season", tho fluuily's first ptiotity will be to secure rental contracts for tho propol1y, Either the first or second floor IIpattment of the Stone lIurbor pro))011y clln be used by our mother, Jeun F, Althouse, free of charge when over she chooses, as long as thore Is 110 rental contract in place for the specified time, Fmthennore, it is also available to any othor flunily membor identilied intbls lottoI', or their dlildren, Ii'ee of chnl'ge us long us there is no rentnl contract in ))llIce und it is verilied, in udvanee, through Carol A Joyce to be tl'ne for the specilicd timo, Jean F, Althouse is fi'oc to usc the I st floor apurtment of the propelty fi'ee of churge as her primary residence both bel()I'o IInd uner the '11sual renwl senson"; those elutes norlllully stluting in April ilnd going until the Snturdny uller thc FlllU1h of July, and uguin stlltting the Saturday of Labor Day Weekend and going illto October. She is nOllimltcd to thoso clates however, if the residence is not rented, The previously mentioned FOluth of July period that is not I'lmted will be open 10 all fiunlly members and their children free of charge for our lIsnulunnllulllnnily rcnllion, Exhibit "e" ''" .-., 4, The prlncip~1 asset (lfTrust B under said Agreement ofTrust will shortly be tl1e "Stone Harbor Property", which is the real property at 255 Eighty-Ninth Street, Stone Harbor, Cape May County, New lel'sey, (and the tangible personal property usually kept there), as to which it was the intention of Robert M, Althouse that it be retained if possible for continued use by the llunily as a place where members of the family could gather periodically and strengthen theil' relationships, and as ~I place where Jean F, Althouse could vacation, 5, Since the death of Robert M, Althouse, the administration of the Stone Harbor Propel1y has in large part been taken on by children of Robert M, Althouse, and it appears not worth the oost to the Trust to have a corporate Trustee, Susan Wert is in ill health, 6, Further, the parties hereto agree to amend the Agreement: Stone Harbor, NJ,; Property, dated April 18, 1997, effective as of the confirmation by the Court of the resignation of the corporate Trustee, by: (a) imposing all duties of the current Trustees on the Trustees confirmed by the COUli; ,(b) subject to clause (c) below, assigning to the Trustees confirmed by the COUrt all rights and powers that the current Trustees now have; and (c) deleting part 1II, Indemnification, after (i) the confirmation by the Court of the substitution of the Trustees and (ii) transfer of all assets by the current Trustees to the new Trustees, but only with respect to matters o\lCurl'lllg thereafter, -2. ^ t:"M~p~^"I,~^ f.) '\'lJ,';[t\Wll'hr^"'^ ~, ,""",' HAHIIIS IJ Ib, ,fA \1HII-OnOI INHERITANCE TAX RE:TURN RESIDEN1' DECEDENT (TO BE FilED IN DUPLlCA TE WITH REGISTER OF WillS I (IH (jMr~! or (HATH MHnl"'J 11111 CHECK HUH: II 1\ .(If'olJ~I^1 r1 _1'~~lW~.\JJJJ!lLl!H~__, FILE NUMBER Rl:v \!WU[X .(""114) 717 255-2148 1. Real Estate (Schedule A) 2. Stocks and Bonds (Schedule 0) 3. Closely Held Stock/PaMnerahlp Inte,est (Schedule C) 4. MoMgagee end Notes Rocelveble (Schedule D) 6. Cash, Benk Deposlls &. Miscellaneous person.1 PropeMy (Sch, E) 8, Jolnlly Owned PropeMy (Schedule F) 7. Translers (Schedulo G) (SCl1edule L) 8. Totel Gross ASBOls (total Lines 1-7) 8. Funeral Expenses, Admlnlstrallvs Costs, Mlscellanoous E'penses (Schodule H) 10. Debts, MoMgage Llabllllles. Lion, (Scl1edule I) 11. Tolel Deduollon, (total Uno, 9 &. 10) 12. Net Value of Estele (Line B mlnu, Line 11) 13. Cha,ltablo and Governmental Bequests (Schedule J) 14. Net Value Sub oct to Tax (L1n. 12 mlnu. Line 13) 16. Spou,el Tran,fere (lor date, 01 doalh oher 9-30-94) See In,trucllons for Appllceble Percentege on pege 2, (Include value. from Schodulo K or Schedule M,) 18. Amount of Uno 14 taxablo .t B% r.te (Include value, fro'1' Schodule K or Schodule M,) 17. Amount 01 Line 14 taxoblo st 15% rate (Include 'Ialuo, from Schodulo K or Schodulo M,) 18. Principal lax duo (Add tax from Line 15, lB ond 17,) 18. Credlle/Sp PoveMy Prior Payment' DI,count o . 00 + + 20. II Une 181, grealer tl1an LinolB, enl.r tl10 dlllorenco on L1no 20, Thl' I' Il1e OVERPAYMENT. ~ 0 IChoak bare" you ar. roque.llng a refu.nd 01 your overpayment. I 21. II LlnelB I. greater Il1an Llno lB, ontor tho dlllorenco on L1no 21, Thl' I' tee TAX DUE. A. Enter 1ho Intorest on thA balanCE! dUB on L1no 21A. B. Enler tho lolel 01 L1no 21 and 21A on Lino 210, TI119 191110 BALANCE DUE. Meke Cheok P. oble to: R~I.ter of Wills, Agent ~ ~ BE SURE TO ANSWER ALL QUESTIONS ON PAGE 2 AND TO RECHECK MATH .. <II Under pllnaltlu of perjury, I declaro that 111II.VII D~amined Ihla fBI,nn, Includlflg l\ocomp~~yinu Ichedules Il~d statementl, ~nd to the but 01 my kllOwlftdge lnd bellel, it il true, correetand complete. I dllciIHfl1hat III rule5tdte nth been rllpnrtllCl"t true n'~r~el""lllu&. Decl&flltion 01 preparef other Ihan the personal repres&n1ali....e 1& bued on alllnformlltlon 01 which pr.parer hllla.ny~nowletlge. CAB H P L E P 0 C R C K 0 K P S C P o 0 R N R 0 E E S N - T COliN IY coot: D e C E D E N T tH.t:WfNl'!1 NAMI: (I Ml, rIlHl1, A;m MIUfILi: INITtAl) 1I1 LI (lINT'~1 r;OMf'll' tl: AllllHE!W ,!llLhouso,_~,~!?ert M-'--__._,____________ ~I / Winding Way ~IOCiAl.flI:CUnllYNlIMnJ:1\ lJAH(lrDfATit ~IA1f(J!'IIl!l!1l CHlIlp III U, PA 171.01 i16-09..)811 03/1R/]997 OR/OI/I'II/ _ __,,__._._._ (.(I~nly ClllIllwrlnnd (IF APPLICABLE)5\JIlVIVINCl npOU8F.'n NAMi: (I.Ml,FlflQt AND MIIHH (: INITIAL) :.oCIAI 1l[cur1l1YNUMUER Althouse ,Jean F. I l?-01-3717 X 1. Original ReMn 2. Supplornontol Flolu", 4. I.Imlled Eatato 4.. Fulure Inloroot Compromlso (lor dato. of doalh altar 12-12-B2) []] 8. Docodenl Dlod To,l.to 0 7. Docodont Melntelned a Living Tru't (Alleoh oopy of Will) (Allaoll a oopy 01 Trust) _ ALL CORRESPONDENCE AND CONFIDENTIAL TAX INFORMATION SHOULD BE DfRECTED TO: o 6. 1 8. NAME Robert L. Keck, A.V,P. & T,O, lElEP~iONE NUMBER COMfll.ETE MAILlNa ADDRESS Dauphin Deposit Bank 213 Markot Street Harrisbur PA 17101 (1) None (2) 55,360.'50 (3) __ None (4) None (6) 5114.65 (8) None P) 181,904.70 ~ C A P I T U L A T o N (8) 16,850.12 (10) 5,038.72 ,] -9/-0315 Yf:AlI NUMUEfI AMOUNT flECEIVEO (9H IN5TfHICTlON9l 0.00 Romalnder Rolurn (for datos 01 doalh prior to 12-13-82) Fodoral E'tate Tax Roturn Roqulrod Tolel Numbor 01 Safo Oeposit Bo~.' and Trust Company (8) 237,809,85_ (11) (12) (13) (14) 21,888.84 215 , 921.. 01 215,921.01 '(16) 215,921.01 X 9.!..' 0.00 0.00 (IB) o . 00 X ,OB , T ~ 8 C T A T 6 N 0.00 X ,15 ' Rnbert L, Keck, A,V,P, & T,O. 213 Market Street ~ .. . M . . . _ _ . _ . " . . _ _ . . " . _ . _ _ . _ _ _.. _ . . . . . . . _ _ . . _ _ _ _ _ _ _ _ _ Harrisburg, PA 17101 Dauphin DeposIt Bank and Trust Compeny 213 Market Street ilii':l:i~-I;ui:ii: - pii -. i '1foj.- - - - -. - -, - - - -.- - - - - -- -- - - -- (17) Inlore'l SIQNATURE Of PERSON AESPONSIBLE FOR rtl.INO RETURN ---7'/ -, /.. --:L~ . , ' SIGNATURE OF PREPARE R 01 ~!E A THAN REfiRE [if.NTA TIV( jL{~( It / Copyrlght{o) llJ94lorm lIoltwAfa only CP9ystonlS, Inr.. 0.00 0.00 (18) (18) (20) 0.00 0,00 (21) (21A) (21B) 0.00 0.00 0.00 DATE I:) 1'tl/~7 DATE Forn11600 (Ae..... 7-94j .,..,,.,..--.,. - .... .......- " '. . WITNESS: :L .(L0o,J +~ 1'. f1l.pk.~ Subscribed, sworn to and acknowledged before me by Robert M. Althouse, the testator, and subscribed and sworn to before me by ~ 9 (Jf!.t4....."", . I. - and /fk..a~./ K.. Lv ruAI . the witnesses. this Jl!.~ day of [J//)A.,L- .1996. IY,A(J) ~ a Notary Public (SEAL) NOTARIAL SeAl. J~;~~IIE E. ROW Notary Publlo . H':: ,; ~~ro, PA Dauphin County MY C;:-;,:o,isslon Explros Jan 19.1997 6. In ~ddition to Bueh other pownrn and duties aD may hav'c been granted elsewhere herein, or which may be granted by law, my fiduciariee hereunder shall have the following powers and duties, wi.thoutnecessity of notice to or consent of any court: (e) T~ retain all or any part of my property, reel or personal, in the form in ,which it may be held et the time of its receipt, including any cloeely held business in whioh I heve an interest and the stock of any corporate fiduciary hereunder, as long as in the exercise of their diecretion ,it may be advisable eo to do, notwithstanding that eaid property may not be of a character authorized by law. (h) To inveet and reinvest sny funds held hereunder in any property, real or personal, including, but not by wey of limitation, bonds, preferred stocks, common stocke and other seourities of domestic or foreign corporations or investment truets, mortgages or mortgage participations, nlutual funds with or without sales or redemption charges, and common trust funds, e~en though such property would not be considered appropriate or legal for a fi.duciary spart from this provision. (c) To sell, convey, exchenge, partition, give options to buy or leaee upon, or otherwise dispOSe of any property, real or. pereonsl, at the time held by them,at public or private .ale or. otherwise, for cuh or other consideration or on - ,3' '" . credit, deternd.ne, and to convey ouch prol>crty frer of at 1 trust.. except thnt my exocutor shall not durin~ my wife's lifetime ssll or similarly diepose of premises I have scquired for uee al ths principal residence for my wife and me unle.e it has received her written statement that she does not wieh to live there anymore, or unle.s it determines in its discretion that Ihe is not competent to make such a decieion and that it would be 'in her best interest to dispose of the premises. (d) To borrow money from any pereon, including any fiduciary hereunder, for any purpo.e in connection with the administration hereof, to execute promissory notee or other' obligations for amounts so borrowed, to secure the payments of luch amounts by mortgages or pledges of any property, reai or personal, Which mey be held hereunder. (e) To make loans, secured or unsecured, in such amounts, upon such terme, at such rates of interest, snd to such persons, firms, or corporations as they may deem advisable. (f) To renew or extend the time for payment of any Obligation, secured or un.ecured, payable to or by them as fiduciaries, for as 10llg a period or periods of time and on such terms, as they may determine, and to adjust, settle, and .rbitrate claims or demands in favor of or against them. ~ 4 ~ , (~) In dividin~ or distributing any property, real or peraonal, i nc1 uded herein I to divide or distribute in cash I in kind, or part I y in cash and partly in kind, (h) wi thout limi tet ion of powers eloewhere ~ranted therein, to hold, manape and develop any real eatate which may be held by them at any time, to mortga~e any such property in such amounts and on auch terma as they may deem advisable, to lease any such property for such term or terms and upon such conditions and rental. aa they may deem sdvisable, irre- spective of whether the term of any such lease shall exceed the period permitted by law or the probable period of retention under this instrument; to make repairs, replecements and improvementa, structural or otherwiae, in connection with any such property, to sbandon sny such property which they msy deem . to be worthlees or not of sufficient value to warrant keepin~ or protecting, and to permit eny euch property to be lost by tax sale or any other proceedings. (i) To employ such brokers, banks, custodians, inveatment counael, attorneys, and other a~enta, and to delegate to them such duties, righte and powers aa they may determine, and for such periods as they think fit. (j) To register any securities at any time in their own names, in their names a. fiduciary, or in the names of nOMinees, ~ 5 - ". , , . , - , , with or without indicating the trlJ8t character of the securities so retl;ietered. (k) With reepect to any securities forming a part of the trust, to vote upon any proposition or election at any meeting of the corporation issuing such securities, and to grant proxies, discretionary or otherwise, to vote at any such meeting; to ,;oin or become a party to any reor~anization, reldjuatment, merger, votintl; trust, conaolidation or exchantl;e, and to deposit any euch securities ~ith any committee, depoai- tory, trustee or other~iae, and to payout of the assets held hereunder, any fees, expensea and aasessments incurred in connection there~ith, to exercise conversion, subacription 'or other ritl;hts, and to receive or hold any ne~ securities issued aa a reault of any such reorganization, readjustment, merger, voting trust, consolidation, exchange or exercise of conversion, subacrip- tion or other right a and ~enerally to take all action with reapect to 'any such securities as could be taken by the absolute o\oll1er thereof. (1) To purcha.e, lease, or' sell assets from or to, and otherwise enter into transaction. with, the estate of mv wife or any trust established b,v her or me, even if they are fidu- ciaries or beneficiaries thereof. (m) To exercise all elections which they may have with respect to income, gift, estate and inheritance taxes, including ,.6 ,. without limitation execution of joint income tax returns, elect ion to deduct expenses in comput i.ng one tax or another, 81ection to split gift., and ele"tion to payor to defer payment of any tax, in all events without their being bound to require contribut ion from any other person. (n) To operate, own, or develop any busi.ness or property held hereunder in any form, including without limitation soh proprietorship, limited or ~eneral partnership, corporstion, auociation, tenancy in common, condominium, or any other, whether or not they hsve restricted or no management ~ights, a8 they in their discretion think best. 7. I direct that all estate, inheritance, end succeseion taxes that may be aasessed in coneeQuence of my death, of whatever nature and by whatever juriediction imposed, shall be paid out of the principal of my ,general estate to the same effect as if said taxes were eXDenoes of admin- istration, and all propert, includible in mv taxable estate for federal or state tax purpoees, whether or not passing under this will, shall be free and clear thereof; provided, however, that my executor may in its discre- tion request payment of any portion or all of said taxea out of the principal of any trust utablished by me, to the extent expreuly authorized under the term. of eaid trust. 8. I appoint e. executor hereunder Dauphin Deposit Bank and Trust Company, of Harrisburg, Pennsylvania. The said Dauphin Deposit Bank and - 7 - ,i\. ,\' tnw"oh".i\;'~'r~' (d) Stone Harbor Property. While held In TnJSt B. the TrusteeS shall permit the Stone Harbor Property to be used by Settlor's wife nnd children and their famllles for vacations and other temporary uses, withoUll1ny charge, as said beneficiaries may agree. and, if they are unable to SD agree. then as the corporate Trustee in its absolute discretion shall decide, Settlor contemplates that said property will be rented by the Trustees \0 third parties when not used by members of his family. No interest in the Stone Harbor Property shall be sold by the Trustees unless they have received the written consent of those of Settlor's wife and children who are living and competent adults. and any costs of said property in excess of the income therefrom shall be taken from other principal of Trust B. When Settlor's wife is no longer living. the Trustees shall distribute a Twenty-five Percent (25%) interest in the Stone Harbor Property to each of Settlor's four children (or, if a child of Settlor does not survive Settlor arId his spouse, to the child's so surviving spouse, or if said surviving spouse does not so survive, to said child's issue per stirpes - giving effect to sub-clause (A) of subparagraph (e)(il) below), provided, however, that if one or more beneficiaries who would in the aggregate receive no more than Twenty.five Percent (25%) thereof give written notice (within seven (7) months after the death of the survivor of Settlor and his wife Jean) to the Trustee(s) of a preference that they receive liquid assets instead of an interest h~ the Stone Harbor Property, then the First Altemate Distribution 6 -.....- __ ~ _ J (described In clause (I) below) shall be Implemented, and provided, funher, that If one or more beneficiaries who would in the aggregate receive Twenty-live Percent (25%) or more give written notice (within seven (7) months after the death of the survivor of Settlor and his wife Jean) to the Trustec(s) of a preference to receive liquid assets instead of an interest in the Stone Harbor Property, then the Second Alternate Distribution (described in clause (Ii) below) shall be implemented. (i) First Alternate Distribution. If the First Alternate Distribution is to be implemented, then: . The Corporate Trustee shall detennine the fair market value (net of any liens) of the Stone Harbor Property as of the date of death of the survivor of Settlor and his wife Jean; and . The Trustees shall distribute from other Trust B assets to each beneficiary who had giyen timely notice of a preference to receive liquid assets a sum equal to the product ofthc distribution percentage applicable to said beneficiary and the said fair market yalue of thc Stone Harbor Property, and the entire Stone Harbor Property shall be distributed to the beneficia- ries who did not so giye notice, in proportion to their distribution percent- ages. (ii) Second Alternate Distribut\Qn. If the Second Alter- nate Distribution is to be implemented, then the Stone Harbor 7 " (d) PISpllsililln Uporu\pplication of Rlll~.t..wlirui1l'~IW, NotwithSUUlding subpllrugraph (c) above, if during the lifetime of u person for whom a separate trust underlhis paragraph 7 was established the interest of such person therein becomes void under the applicable rule against perpetuities, then the balance in such separate trust shall then be distributed outright to such person, 8, Survival Claus.e..:>, If Settlor and his wife should die under such circumstances that it cannot be detennined which of them survived, Settlor's wife shall be deemed to have survived him for all purposes hereunder. If any other beneficiary hereunder should die within sixty (60) days after Settlor, or within sixty (60) days ufter any other person the survival of whom deter- mines his rights hereunder, then such beneficiary shall be deemed to have predeceased Settlor or such other person for all purposes hereunder. 9. Powers. In addition to such other powers and duties as may be granted elsewhere herein or which may be granted by law, the fiduciaries hereunder shall have the following powers and duties, without the necessity of notice to or consent by any Court: (a) To retain all or any part of the property of Settlor, real or personal, in thefonn in which it may be held at the time of its receipt, including any closely held business in which the Settlor has an interest and any stock of any corporate fiduciary hereunder, as long as in the exercise of their discretion it may be advisable so to do, notwithstanding that said property may not be of a character authorized by law, provided. however, that upon written request by Settlor's 14 (I) To. enllalle In sales, leases, laans, and other transactions with the estate Df Settlor. the estate of his wife. or any trust established by either af them, eyen lfthey are also. fiduciaries or beneficiaries thereaf. (m) To make all necessary proafs af death under the insurance policies of which they are the beneficiary, to. execute any receipts far the proceeds and to Institute any action to. collect said proceeds and to. make adjustments af any claim therewlder, provided, however, that they need nat institute any actian unless they shall have been indemnified against all expenses and liabilities to. which they may became subject as a resultthereo.f. If, howeyer, they desire to institute such action without indemnification, they are hereby autharized to. he reimbursed for all expenses and liabilities incurred as a result thereof from any amounts which may. be held in trust hereunder then ar thereafler. (n) To. operate, own, ar develap any business or property held here- under in any form, including witho.ut limitatian sole praprietorship, limited or general partnership, corparation, associatian, tenancy in co.mman, condominium, ar any other, whether or not they have restricted or no. management rights, as they in their discretion think best. 10. Spendthrift Clause. No interest (whether in income or principal, whether or not a remainder interest, and whether yested or cantingent) of any beneficiary hereunder shall be subject to. anticipation, pledge, assignment, sale ar transfer in any manner, nor shall anyt 18 beneficiary have power in any manner to charge or encumber his said interest, nor shall the said interest of any beneficiary be liable or subject in any manner while. in the possession of the tiduciaries for any liability of such beneficiary, whether such liability arises from his debts, contracts, torts, or other engagements of any type. II. EllCility of Payments for Minors or Incompetents. Any amounts which are payable or distributable hereunder to a minor or incompetent may, at the discretion of the fiduciaries, be paid or distributed to the parent or guardian of such minor or incompetent, to the person with whom such minor or incompetent resides, or directly to such minor or incompetent, or may be applied for the use or benefit of such minor or incompetent. Any amounts 01 property payable or distributable to a person under the age of twenty-one (21) years may in the discretion of the fiduciary involved be paid or distributed to a custodian for such person under the Pennsylvania Uniform Transfers to Minors Act. 12. ~. Estate, inheritance and succession taxes that may have been assessed in consequence of Settlor's death, of whatever nature and by whateyer jurisdiction imposed, whether or not on account of property passing hereunder, other than generation-skipping taxes, may on request of Settlor's personal representatiyes and consent of the Trustee(s) be paid out of the principal of Tlust B hereunder, as if said taxes were expenses of administration thereof, and all pwperty passing to Trust A shall be free and clear thereof, proYided, however, that no such taxes shall be paid out of assets that are not includible in the federal gross estate of Settlor. 13. :rrustees. 19 ,(a) Dauphin Deposit Bank and Trust Company and Susan Wert shall be the Trustees of Trust A and Trust B, If Susan Wert should be unable or unwilling to serve or to complete the administration of either or both of Trust A and Trust B,then Janet Staley shall serve i'1 her place, (b) Jon Althouse (son of Robert Charles Althouse and Joy Harris Althouse) shall be the Trustee of'the Joy Harris Althouse Trust, and ifhe should be unable or unwilling to serve or to complete the administration of said Trust, then Dauphin Deposit Bank and Trust Company shall serve in his place. (c) In the case of any separate trust under paragraph 7 for any issue of Carol Ann Joyce and John W. Joyce. Jr.. the Trustee shall be John's mother, Margaret D. Joyce, of San Antonio, Texas. and if she should be unable or unwill. ing to serve or to complete the administration of said separate trust, then Janet and Dennis Staley (or the survivor of them) shall serve in her place. (d) In the case of any other separate trust under paragraph 7, the Trustees shall be Janet and Dennis Staley (or the survivor of them), 14. Gender. Unless the context indicates otherwise, any use of the ml\Sculine gender herein shall also include the feminine gender. 15. Law GoverninLl. This Trust shall be administered and Interpreted in accordance with the laws of the Commonwealth of Pennsylvania. 20 AGREEMENT OF TRUST BY TillS AGREEMENT, executad on :i~ ~, , 1981, ROllERT M. AI,THOllSE, of Cumberland County, Ponnsylvsnla, as Sattlor, hereby establishes a trust for the proceeds of certain policies of insurance, and Settlor'a daughter, SUSAN WERT, of Grantville, Pennsylvanle, and DAUPHIN DEPOSIT BANK AND TRUST COMPANY of Harrisburg, Pennsylvania, as Trustees, hereby agree to hold said proceeds, and auch additional property as may be placed in trust hereunder by Settlor or any other pereon (whether during lifetime or by teatamentary ect), in trust sub,iect to the terms and con- ditiona set forth below, The Trustees ahall eerve as guerdians of the property of any minor beneficiary hereunder. The compenaatlon of the corporate Trusfee shall be in accordance with Its fee achedule in effect when eervices are rendered hereunder. 1. The Settlor hae applied for and haa had isaued to himaelf the policy of Insurance on his life listed in Appendlx A hereto. The Trusteee under this Agreement of Truet have been desi~nated as the primary Or con- tin~ent beneficiaries of the policies. Seid policies and the proceeds thereof shall form the Initial principal of the trust estebliehed herein. 2. During the lifetime of the Settlor, the relatlonahip between him and the Trusteee shall be as follows: (a) The trust mey be revoked by the Settlor by written notice to the Trusteea, and In caee of such revocation, all Property then held In trust shall be given over to him. The ... ~ ,.~",~.,,~__""R~ If .t .ny time the Settlor should l1ecome incompetent or for any other reason ba unable to act in hie own behalf, tha corporate Trustee may in its absolute discretion pay to or spply for the benefit of eny or all of the Settlor, his wife and his iasue, all or any part of the net income or principal, ss the corporate Trustee may from time to time deem necesaary or adviaable for their support, maintenance, health care, end educstion, taking into account, however, such other eources of income, support, and e8tate aa may be available to the beneficiary. 3. The primary purpose for the establishment of this truet is to provide for Settlor'a wife, Jean F. Althouse, in the event of his decease. The Settlor anticipates that a major portion of his estate may be administered hereunder as a reeult of bequests to the Trusteee contained in hia will. If Settlor's wife survivee him, then at the deeth of the Settlor, the Truateee shall establieh Trust A hereunder hy transferring thereto, from the total property held hereunder, including property received from the estate of the Settlor, a sum equal to the maximum maritel deduction finally allowable in determining the federal eetate tax on the estate of the Settlor, after taking into account all other items of hia groas estate, whether passing under his will, thie instrument, or otherwise, that Qualify for eaid deduction, provided, however, that said sum shall not exceed the minimum amount needed, after taking into account seid other items, to reduce to zero the federel estate tax (after all credits) on Settlor's estate. In valuing the aseets - 3 - hereunder, bllt only amonp. Settlor's issue and their apouses or former epouses; and to the extent that such beneficiary shall fail to exerciae effectively his limited power of appointment hereunder, the aforementioned balance in his separate trust ahall then be distributed per st irpes to h is issue, or, if no 8uch is sue are then living, per at irpea to the iaaue of the child of Settlor who wae the parent or more remote ancestor of such beneficiery, or, if no such iasue are then living, per stirpea to Settlor'a issue, with the ahare of any isaue of the Settlor for whom property is held in a separate truat hereunder being added to euch aeparete trust. (f) If at all poasible, Settlor'e summer home at 2;5 Eighty-Ninth Street, Stone Harbor, Cape Mey County, New Jersey, and the tanf\ible peraonal pl'operty usually kept therein, shall be allocated to Truat B and shall be governed by thia aubpara- graph (f). While held in 'trust B, the Truatees ahall permit Settlor's wife and children and their familiea to use such ,property for vacatione and other temporary uaea, without any charge, aa they may agree, and, if they are unable to so agree, then as the corporate Truatee in ita absolute discretion ahall decide. Settlor contemplatee that said property will be rented by the Trustees to third partiea when not used bymembera of his - 8 - family. If held in Trust B, said propert}' shall Mt be sold by the Trustees un1esa they have received the written consent of those of his wife and children who are adulta and competent, and .any coets of aaid property in excees of the income there- from shall. be taken from other principal of Truat B. When Sett10r'e wife ia no longer living, the Truateea ahal1 ee11 said real and personal property held in Trust B and distribute the proceeds per etirpes to his issue pursuant to aubparagraph (e) above, unlesa those of Settlor' a iseue who wOllld receive such dietribution end who are competent adulta all direct the Trustees to diatribute'aaid property outright per stirpea to Settlor's iaeue in kind, in which event aaid direction shall be followed. (g) Notwithatanding anything else herein to the contrary, with reepect to any interest held hereunder in the land and improvement a at 217 Winding Way, Camp Hill, Cumberland County, Pennsylvania, where Settlor and his wife now live, or in any other premiees acquired by Settlor to be their principal reaidence: (0 Any of said interest held in Trust A shall, as Settlor's wife may requeat in writing to the corporate Trustee, either be made income-producing or be applied to allow Settlor's wife (together with 'anyone else she chooses), to reeide there rent-free, - 9 - <<,-.. ..---...- '" 5. In addition to such other powers and duties ae may have been granted elsewhere herein or which may be~ranted by law, the fiduciaries hereunder shall have the fol1owi,n~ powera and duties, without the neceesity of notice to or consent by any Court: (a) To retain all or any part of the property of Settlor, real or peraonal, in the form in which it may be held at the time of its receipt, includin~ any cloaely held buainess in which the Settlor has an intereat end any stock of the corporate fiduciary hereunder, ae long aa in the exercise of their discretion it may be advieable ao to do, notwithstanding that said property may not be of e character authorized by law. (b) To inveat and reinvest any funds held hereunder in any property, real or personal, including, but not by way of limitation, bonds, preferred stocks, common atocks, and other aecurities of domeatic or foreign corporetions or inveatment truata, mort~agea or mortga~e participations, and common truat funds, even though euch property would not be considered appropriate or legal for e fiduciery apart from this provision. (c) To sell, convey, exchange, partition, give options to buy or lease upon, or otherwise dispose of any property, real or personal, at any time held by them, with or without order of court at their option, at public or privste, sale or otherwise, for cash or other consideration or for such credit terms as - 11 - hereby authorized to be reimbursed for all expenses anrl lia- bilities incurred as a reault thereof from any amounts which may be held in trust hereunder then or thereafter. (n) To operate, own, or develop any bueiness or property held hereunder in any form, includin~ without limitation sole proprietorship, limited or general pertnership, corporation, association, tenancy in common, condominium, or any other, whether (lr not they have reatricted or no mana~ement righta, as they 1'0 their diacretion think best. 6, No intereat (whether ill income or in principal, whether veated or contingent, and whether or not s remainder interest) of any beneficiary hereunder shall be subject to anticipation, pled~e, assignment, sale or tranafer in any manner, nor ahall any beneficiary have power in any manner to charge or encumber his interest, nor shall the interest of any beneficiary be liable or subject in any manner while in the poesesaion of the Trustee for any liability of euch beneficiary, whether euch liability arises from his debts, contracts, torts, or other engagemente of any type. 7. Any amounts which are peyable hereunder to e minor or incompetent may, at the diacretion of the fiduciaries, be paid to the parent or guardian of such minor or incompetent, to the person with whom such minor or incom- petent residee, or directly to such minor or incompetent, or may be appt'ied for the use or benefit' of auch minor or incompetent. - 15 - ATTESTl ,TRUSTEES 1 DAUPHIN DEPOSIT BANK AND TRUST COMPANY BY~~;<~~t. J~ Asst. Vice Pres dent an Trust Officer ( WI~SSI ~~JrYvJ~ ~'9- ~,(SEAL) SUSAN WERT 'j. 1: . J . -~ - --~ ---T;=~'-_--- --~..~- APPl!:tU>tX A ".J poliov !'''.lmber -,' Company. 39332 Subdivision QS (JMdO)/Schanuit H'C'.,'..-,,- Metropoll.~an Life In8utan~e'Oompany ... n " .... OOMMONWEALTH OF PENNSYLVANIA () , OOUNTY 'OF ...'1 ~4"'''o'4:>-I-.,LN'''' () "7 d. On this, the",,', aay of ss: cy~' ,1981, before me, a Notary publie, the undersigned officer, personally appeared ROBERT H, ALTHOUSE, known to me (or satisfactorily proven) to be the individual who executed the foregoing instrument, and duly acknowledgad to me that he exacuted the same for the purpoae therein, IN WITNESS WHEREOF I I have hereunto set my hand and official eeal, ....... U" --, ., , ..Cbt....,(1 i~:J...d ,; .,0:J..-1<,A.-.<' :/ Notary >Public ( SEAL) Ellllbeth J, gen~D. N~bry pubn. My Com'Tl!lI:o., CIt-,IUI A~t!1 16, lU4 H4rt:lb~"~, Pill ~4~,l:dn (ounlV I i ~: " J::,. :.':)'11 ,il /~fi~/l\_(,_r i \'f'P"~! i ";, I '),lili\"';I',: ' .tH","i '! ,I :-~;i \; - ~ ': - :.: i , ,',)::l';-I:'-II-1 ....'I "I' i-: ~ :'~!; "', -:' 'I' 'j , "'<'1,1,.1 I, 'r < '~ i ':. ;" !,.,!:: ~ /1"'; '};, I '11' ~ I'", - 1 I ,\ 'r! .' I ~ i' I "J':" ~;~'r ,):" I,. K tt-j;,' 1 ,', , ,.,'~~h "itil !,.." " i',.. '~~41,.. ~'\.. '",' ,', 1 ;__:1 ','I', Jljr,ht It: ;, I .,],. I '~I.tlih"I"'''''\' I' ' .lLifi~~;~~;j;i l~:'il: F; .;" :_:; j '1\1!1f:~l!"tI_~-fl '::-- do,' -:_ ~ .; .',J"', 0,"-' ~'1' ',J -,.. 'I" ,!.!.,,~ ',i'\..r ~;' - :! ~ '_ _'; f, '~Jld'!',li (.-1.- .l'n'l ..,', ; '~~I 1:::~l',~'V; ':'~'._'-i-.l.,,,J '(:~t:;~,~\li~:' I, ,~t, : I ' '/.:;,;;~;llt " ': :l-\.J;~ : ,;\li;{~ .~'-"I'. I I . ',i ~, r .I -.. ,."',,'\,-,,"';' ':-,;'jt~;!.-r;:;!l" " ~J..<i 'I' !' , 'I, " . ~ tIl ~ rs. o I ,'I , " " ,~ ' , t ~ fil ~ k '0 !:l :;:I;, Pol-l, OQl ~tIl ~ 1 . ~ ~ 1'1 ~ lil I, I' . ~' a ~ r.Jl o r.Jl 'tI m ~! tIl."".l ~ OJ ! ~~l: ~~~' tIlO OU I>< 1'1~ Otll ~~ ~~ o : ,I J'-'!C::':__ ',;"" " i: , :!;:i':;:? I':!! "'!' ';1 _j (', i,! 'r..,-!;, , r ~ \, I . - . , ,- -.-, ,'...,'.: ",., j ", ~ ;.' -,~ ~ : _: . , , " . _,j,~,'<;':,~:,,-I,;,'_r;.','<:: r::,,:'~: ; -f:';~:' j' ! i' v' ;\; t~:~,',-' ;,: . '" ",,;F\>,:, : !,~, ,<~,;-;i]_:,,~r,tjl,:~,::~~;;,'~,:!::: " I... r ", ' :,; J,~~~i:,;" ,; :, : :,1.: ,j!~, .~. ~'; ".!, i~,~-: -', - -- -;_~ir?r~_1:~!~,", - -- - --- -- -- t~..{ ;H,[!,-i:--;ri?:-!~' !:~,-':;,:_~"_~; ~~f{;'i',-l ~.-.; 'j " ""., .' ,-, , ..- ''''', Ii : ~_ ~ ,Oil r, ~-]' I' .t "1' ,-. '-[ -}. ':, ".j' ;tj ,:!,,',:. I' !: '1 }':1 ,",. "-," :!I, , " ;'1 i I " 0' . .' , " ." , ,11' , ~ ;:1: )-,' I - r l~' 't ~.'~" _~ ,1, " , , ""1' :: 1, F : "",:;', I ,.1 ~' t ,/1 'i . ~-.' .,,',lIJ\.:iJ,,"r 1 ... ' , '. II _,:.,~, \"'1', '. , . I, '.., <, ':1'1.." ;. ',. ,:1 ,.. ,'" ,I .....;: ',' . , "I'r ,I' , .,.......1 STATUS REPORT UNDER RULE 6.12 Robert M. Altl)ouse Name of Decedlilntl Date of Death: March 18, 1997 will No. 1997-00315 Admin. No. 2197-0315 Pursuant to Rule 6.12 of the Supreme Court OrphanB' Court Rules, I report the followi.ng with respect to completion of the administration of the above-captioned estate: 1. State whether administration of the estate is complete: Yes X No 2. If the answer is No, state when the personal representative reasonably bel ieves that the adroinistration will be completel__ 3. If the answer to No. 1 is Yes I state the following: a, Did the personal r~presentative file a final account with the Court'! Yes_--x-- No_... b, The separa te Orphans' Court No, (if any) for the personal representative's account is: c. Did the personal representative state an account informally to the parties in interest? Yes X No d. Copies of receipts, releases, joinders and approvals of formal or informal accounts may be filed with the Cerk of the Orphans' Court and may be attached to this report. Datel ~/[)"5/Q<:> ~--- ...-- L~""/( IJ-v-f 'tT' Sign ture .~ o ~ In r'< D._ .t: -::( -:1CL KJ .-1 Ret>en,- .b-I~,,<.i' RIIP' TO Name (Please type or print) Au-i'"l:~~, -!'RUST LO, ",,:?, ""AR,<f:-r 5., H&(" PA niDI Address Ii ;~ ;-J O'Ui OCll !CC ~ ~ " , ;i~ d~ ( 111) ;}"55-;:). / 'I <t Tel, No. ~apacity: ~ Personal Representative _____Counsel for personal representative (MAH IrmUA.M3)