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TRUST
COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
ORPHANS' COURT DIVISION
NAME OF TRUST
(TRUST UNDER WILL OF
or
TRUST UNDER DEED OF RAYMOND 1. SCHAFFER
DATED JULY 16.2003 )
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PETITION FOR ADJUDICATION I
ST A TEMENT OF PROPOSED DISTRIBUTION
PURSUANT TO Pa. O.c. Rule 6.9
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This form may be used in all cases involving the Audit of Trust Accounts. If space is insufficient,
riders may be attached.
INCLUDE ATTACHMENTS AT THE BACK OF THIS FORM.
Name of Counsel: LOWELL R. GATES, ESQUIRE
Supreme Court LD. No.: 46779
Name of Law Firm: GATES, HALBRUNER & HATCH, P.C.
Address: 1013 MUMMA ROAD, SUITE 100, LEMOYNE, P A 17043
Telephone: (717) 731-9600
Fax: (717) 731-9627
Form OC-02 rev 10.13.06
Page 1 of 10
Name of Trust: RAMOND L. SCHAFFER REVOCABLE LIVING TRUST
1. Name(s) and address(es) ofPetitioner(s):
Petitioner:
Petitioner:
Name:
Patricia A. Wenrich aIkIa Weinrich
Address:
4 Laurel Drive
Mechanicsburg, PA 17055
2. Check if any of the following issues are involved in this case:
A. Appointment of Trustee . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ., 0
B. Interpretation ............. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. !SlI
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. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. [lJ
H. Partial/Full Termination of Trust . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. [lJ
L Missing Beneficiary(ies) .......................................... 0
J. Cy Pres . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 0
K. Williamson Issue* ............................................... 0
L. Other Issues .................................................... 0
List:
1. 5-year pay-out election has been made to facilitate full payment of
bequests to beneficiaries, otherwise there are insufficient funds in the Trust.
2. $5,000.00 payment to Wenda Ritter deemed satisfied by ademption.
Please note:
A detailed explanation of issues checked should be set forth at item 13 below.
* See Williamson Estate, 368 Pa. 343, 82 A.2d 49 (1951), if Trustee was also Executor of the settlor/decedent's estate and
received commissions in such capacity.
Form OC-02 rev 10.13.06
Page 2 of 10
Name of Trust: RAMOND L. SCHAFFER REVOCABLE LIVING TRUST
3. Testamentarv Trust:
Decedent's date of death:
Date of Decedent's Will:
Date(s) of Codicil(s):
Date of probate:
or
Inter Vivos Trust:
Date of Trust: July 16,2003 - (Exhibit A)
Date(s) of Amendment(s): (4) dtd. 08/20/2003 + (1) undated/unwitnessed/invalid
4. A. If any other Court has taken jurisdiction of any matter relating to this Trust, explain:
None
B. Identify all prior accountings and provide dates of adjudication.
None
5. A. State how each Trustee was appointed:
(See Attachment to Petition)
B. If a Petitioner is not a Trustee, explain:
N/A
Form DC-02 rev 10.13.06
Page 3 of 10
IN THE MATTER OF
THE RAYMOND L. SCHAFFER REVOCABLE LNING TRUST
A TT ACHMENT TO PETITION FOR ADJUDICATION
5.
A.
State how each Trustee was appointed:
Raymond L. Schaffer was designated as Grantor, Settlor, and Trustee in the first
paragraph of the Trust on Page 1. Raymond L. Schaffer died on March 5, 2006.
(Page 1 of Trust Agreement. Please see Exhibit A.)
George A. Wenrich was named as First Successor Trustee by the Amendment of Article
VIII Section 8.01, dated August 20,2003. George A. Wenrich died on October 6,2006.
(Please see Death Certificate attached as Exhibit 8.)
Patricia A. Wenrich was appointed as the Second Successor Trustee by an Order of this
Court dated August 3,2007, with the consent of the majority of Beneficiaries, pursuant to the
terms of the Amendment of Article VIII Section 8.01, dated August 20,2003.
(Please see Cumberland County Orphans' Court Order attached as Exhibit C.)
Page 3(a) of 10
Name of Trust: RAMOND L. SCHAFFER REVOCABLE LIVING TRUST
6. State how and when the present fund was awarded to Trustee(s):
The Trust funds were assigned to the Second Successor Trustee upon her
appointment by Court Order dated August 3, 2007. (Exhibit B).
7. Period covered by accounting: March 5, 2006
to April 15, 2008
8. Current fair market value of the Trust principal is $ 93,794.42
6 of Account.)
. (See page
9. State concisely the dispositive provisions of the Trust:
Pursuant to the Special Directives FIRST through ELEVENTH of the Trust on pages 17
and 18, and attached Amendments thereto on August 20, 2003, certain specific bequests
were made to individuals and charities. The remainder of the Trust is bequeathed 100%
to George Weinrich (aka Wenrich, who died subsequent to the Grantor), pursuant to the
Amendment of Article Three Section 3.03 Paragraph 1 of the Trust dated August 20,
2003.
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):
RAYMOND L. SCHAFFER, Grantor, Settlor and Trustee, died on March 5, 2006. This
Account is filed to set forth the proposed distribution and termination of the Trust
pursuant to the Amendment of Article III Section 3.03 Paragraph 1 dated August 20,
2003, i.e. Trust Income and Principal Distribution.
Form OC-02 rev /0./3.06
Page 4 of 10
IN THE MATTER OF
THE RAYMOND L. SCHAFFER REVOCABLE LNING TRUST
A TT ACHMENT TO PETITION FOR ADJUDICATION
13. Describe any questions requiring Adjudication and state the position of Petitioner
and give details of any issues identified in item 2:
(a) Three Phase Proposed Distribution. It is proposed that the specific bequests
under the Trust shall be made to all beneficiaries in three (3) separate payments
commencing in 2008 and ending in 2011. In order to fulfill the terms of the Trust,
the Second Successor Trustee has necessarily elected the 5-year payout option
from the National Western Life Insurance Annuity Contract #0101059759 (with
payments continuing through 03/05/2011), which is being received in monthly
installments of$1,319.70. The three (3) scheduled proposed distributions are
outlined in detail in the First and Final Account and attached Statement of
Proposed Distribution.
(b) Partial Ademption of $10,000.00 Specific Distribution. Specific beneficiary
Wenda Ritter requested and received an advance distribution of$5,000.00 from
the Grantor (decedent) on December 15, 2005, within three months of his date of
death. Accordingly, the Second Successor Trustee has interpreted this payment as
partial satisfaction of the bequest to Wenda Ritter, thereby reducing the total
distribution to her by $5,000.00.
(A copy ofthe $5,000 distribution check to Wenda Ritter is attached hereto as
Exhibit D.)
(c) $15,000 Bequest to Miriam M. Brown. Prior to his death, Raymond L. Schaffer,
as Settlor and Trustee, signed a General Amendment to Revocable Living Trust
Agreement enacting Special Directives Eighteenth, Nineteenth and Twentieth.
Based on the sequence of numbering for the Special Directives, this was the final
amendment to the Revocable Trust. This Amendment is attached to this Petition
and is the final page of Exhibit A. Special Directive Eighteenth deleted the
$10,000 lump sum distribution to the Salvation Army. Special Directive
Nineteenth created a $4,000 lump sum distribution to the Salvation Army. And,
Special Directive Twentieth created a $15,000 lump sum distribution to the
decedent's sister, Mariam M. Brown.
This final Amendment was signed by the decedent, Raymond L. Schaffer, in his
capacities as both Settlor and Trustee. Unlike the prior amendments, this
Amendment was not witnessed or notarized. In 2003, prior to the adoption ofthe
Uniform Trust Code, 20 Pa. C.S. Section 7752, Pennsylvania common law
governed trust amendments, and generally required trust amendment to comply
with the trust agreement.
Page 4(a) of 10
Section 1.07 of The Raymond L. Schaffer Revocable Living Trust permits the
trust to be amended in any manner and at any time during the life of the Settlor by
a duly executed instrument filed with the Trustee. In this situation, the instrument
was clearly intended by the Settlor to be an amendment, was signed by the Settlor,
and filed with and signed by the Trustee.
The Attorney General's Office has taken the position that this final Amendment is
not valid, and therefore, the previous $10,000 lump sum distribution to the
Salvation Army should be implemented, along with zero distribution to
decedent's sister, Miriam M. Brown. The correspondence dated May 10, 2007
and July 31, 2007 from Attorney Joanne Book Coles, Deputy Attorney General
with the Office of Attorney General stating its opinion is attached as Exhibit E.
Patricia Wenrich, Successor Trustee, has not included the distribution contained
in the final Amendment in her First and Final Account, until this Court has had an
opportunity to provide guidance on this matter of interpretation.
Page 4(b) of 10
Name of Trust: RAMOND L. SCHAFFER REVOCABLE LIVING TRUST
11. State why a Petition for Guardian/Trustee Ad Litem has or has not been filed for this
Audit (see Pa. O.c. Rule 12.4):
No Petition for Guardian Trustee 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
May 17,2006
3,000.00
April 29 , 2008
1,498.35
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:
(See attachment to Petition)
Form DC-02 rev 10.13.06
Page 5 of 10
Name of Trust: RA YMOND L. SCHAFFER REVOCABLE LIVING TRUST
14. Written notice of the Audit as required by Pa. O.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. If any such party in interest is not sui juris (e.g., minors or incapacitated persons),
Notice of the Audit has been or will be given to the appropriate representative on
such party's behalf as required by Pa. 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) has/have notice or knowledge, having or claiming
any interest in the Trust, whether such interest is vested or contingent, charitable or
non-charitable. This list shall:
A. State each party's relationship to the SettlorlDecedent and the nature of each
party's interest(s);
Name and Address of Each Party in Interest
Relationshiv and Comments, if anv Interest
Trinity United Methodist Church
P.O. Box 26
New Kingstown, PA 17072
Charitable $10,000 Specific
Bequest
The Salvation Army
125 South Hanover Street
Carlisle, P A 17013
Charitable $10,000 Specific
Bequest
Form OC-02 rev 10.13.06
Page 6 of 10
Name of Trust: RAYMOND L. SCHAFFER REVOCABLE LIVING TRUST
Name and Address of Each Partv in Interest
Relationshiv and Comments, if anv Interest
S1. Stephen's Lutheran Church
30 W. Main Street
New Kingstown, PA 17072
Charitable $10,000 Specific
Bequest
Office of the Attorney General
Charitable Trusts & Org. Section
14th Floor, Strawberry Square
Harrisburg, P A 17120 (Contd)
Parens Patriae For Charitable
Organizations
B. Identify each party who is not sui juris (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.
16. IfPetitioner(s) has/have knowledge that a Trust share has been assigned or attached,
provide a copy of the assignment or attachment, together with any relevant supporting
documentation.
17. If a trustee's principal commission is claimed:
A. If based on a written agreement, attach a copy thereof.
Form OC-02 rev [0.13.06
Page 7 of 10
IN THE MATTER OF
THE RAYMOND L. SCHAFFER REVOCABLE LIVING TRUST
A TT ACHMENT TO PETITION FOR ADJUDICATION
15. List all parties of whom Petitioner(a) has/have notice or knowledge, having or claiming
any interest in the Trust, whether such interest is vested or contingent, charitable or non-
charitable. This list shall:
A. State each party's relationship to the Settlor/Decedent and the nature of
each party's interest(s):
Name & Address of Each Partv in Interest
Relationship and Comments. if anv
Interest
George A. Wenrich Estate
4 Laurel Drive
Mechanicsburg, P A 17055
Friend
$10,000 Specific
Bequest;
100% Remainder
Mary Dorman
110 Flannigan Avenue
Williamsport, P A 17701
Friend
$10,000 Specific
Bequest
Ramona Chenoweth
1 W. Penn Street, Apt. 107
Carlisle, P A 17013
Friend
$10,000 Specific
Bequest
Wenda L. Ritter
265 Redwood Lane
Carlisle, P A 17013
Friend
$10,000 Specific
Bequest, ($5,000
Outstanding)
Miriam M. Brown
414 N. Ott Street
Allentown, P A 18104
Sister
0.001
(See continuation for named charity beneficiaries)
ISee Item 13 ( c) of the Attachment to Petition (Page 4(a) of 10)
Page 7(a) of 10
Name of Trust RAMOND L. SCHAFFER REVOCABLE LIVING TRUST
B. If a principal commission is claimed, state amount.
$5,000.00
C. If a principal commission is claimed, state the amounts and dates of any principal
commissions previously paid in prior accounting periods.
Amount
Date Paid
0.00
18. If a reserve is requested, state amount and purpose.
Amount:
Purpose: Distribution is proposed over a three-year period and a reserve will
necessarily be required to be carried forward until final distribution in
March 2011.
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? ........................................ DYes DlNo
If so, attach a copy of the notice.
19. Is the Court being asked to direct
the filing ofa Schedule of Distribution? .......................... DYes IaNo
Form OC-02 rev 10.13.06
Page 8 of 10
Name of Trust: RAMOND L. SCHAFFER REVOCABLE LIVING TRUST
Wherefore, your Petitioner(s) ask(s) that distribution be awarded to the parties entitled
and suggest(s) that the distributive shares of income and principal (residuary shares being stated
in proportions, not amounts) are as follows:
A. Income:
Proposed Distributee(s)
Amount/Proportion
See Proposed Schedule of Distribution
- Pages 9-11 of the Account
B. Principal:
Proposed Distributee(s)
Amount/Proportion
See Proposed Sched1l1p. of D;~tr;hllt;on.
Submitted By:
(All petitioners must sign.
Add additional lines ifnecessary):
)Cl-~;~ /l ~~
Name of Petitioner:
Patricia A. Wenrich
Name of Petitioner:
Form OC-02 rev 10.13.06
Page 9 of 10
EXHIBIT A
REVOCABLE LIVING TRUST AGREEMENT
DATED JULY 16, 2003
WITH AMENDMENTS DATED AUGUST 20, 2003
CERTIFICATE OF TRUST
THE
RAYMOND L. SCHAFFER
REVOCABLE LIVING TRUST AGREEMENT
DATED: JULY 16, 2003
The undersigned hereby certifies that I created a Revocable Living Trust. This Trust is known as
THE RAYMOND L. SCHAFFER REVOCABLE LIVING TRUST AGREEMENT, dated the 16TH day
of July, 2003. RAYMOND L. SCHAFFER, Grantor, Settlor and Trustee, resides at 261 Redwood Lane,
Carlisle, County of Cumberland, Commonwealth of Pennsylvania.
IT IS AGREED BETWEEN THE PARTIES HERETO AS FOLLOWS:
Description of Trust
The party hereto desires to confirm the establishment of a Revocable Trust on this date for the benefit of
the Settlor and containing herein the following provisions:
TERMS OF THE TRUST
1. The Settlor is designated as the Trustee to serve until his death, resignation, or incompetence.
2. Upon the end of the terms of the original Trustee, George A. Weinrich is designated as First
Successor Trustee.
TRUSTEE POWERS
3. Any Trustee/Settlor has the power and authority to manage and control, buy, sell, mortgage, and
transfer the Trust property in such manner as the Trustee may deem advisable, and shall have,
enjoy and exercise all powers and rights over the concerning said property and the proceeds
thereof as fully and amply as though said Trustee were the absolute and qualified owner of same,
including the power to grant, bargain, sell and convey, encumber and hypothecate, real and
personal property, and the power to invest in corporate obligations of every kind, stocks,
preferred or common, and to buy stocks, bonds and similar investments on margin or other
leveraged accounts, except to the extent that such management would cause includability of an
irrevocable trust in the Estate of a Trustee.
TRUST ADMINISTRATION
4. Following the death of Trustee, the Trust will continue or be distributed in whole or in part for the
benefit of other named Beneficiaries according to the terms of the Trust.
5. While Settlor is living and competent, except when there shall be a Corporate Trustee, Trustee
may add money to or withdraw money from any bank or savings and loan or checking account
owned by the Trust.
6. Unless otherwise indicated to a prospective transferee, the Trustee has full power to transfer
assets held in the name of the Trust. Subsequent transferees are entitled to rely upon such
transfers provided that the chain of title is not otherwise deficient.
CERTIFICATE OF TRUST
Page 1
F'\ ~"I
7. The Trust Agreement also states that any bank, corporation, brokerage firm, or other entity or
individual, may conclusively presume that the Trustee has full power and authority over the Trust
Assets and such person or institution shall be held hannless and shall incur no liability by reason
of so presuming.
8. The situs of the Trust is the COMMONWEALTH OF PENNSYLVANIA.
9. Any conflict between this abstract and the Trust shall be decided in Favor of the Trust.
IN WITNESS WHEREOF, the party has hereto executed this Summary of Trust this date.
SETTLOR/TRUSTEE
/\
(~~~L J~~
RA OND L. SCHAFFER (
COMMONWEALTH OF PENNSYLVANIA}
COUNTY OF CUMBERLAND} ss.
On this, the ~o1:b-day of (:\l)(~ US\" , d.D~ before me, a Notary Public, personally
appeared RAYMOND L. SCHAFFER, personally known to me to be the person whose name is
subscribed on this instrument, and acknowledged that he/she executed it for the purposes herein
expressed.
Notarial Seal
Cynthia L. Thomas, N~~:~~. Pub~iC
Hampden T~p., ~;jl\Jb~, ',"" ,U Co~nty,
My CommiSSIon Expire,> r.jov. 1, .::00...,
bar. Pennsylvania l\ssOOation o! Nolaries
\
~lD- ~. ~~\ J})
Pub ic, Commonwealth of Pennsylvania
CERTIFICATE OF TRUST
Page 2
Raymond L. Schaffer
261 Redwood Lane
Carlisle, Pennsylvania 17013
George A. Weinrich
Dear George A. Weinrich:
I have executed a Revocable Living Trust Agreement and have named you to succeed me in the
capacity of Successor Trustee. Your duties as such will be to distribute the Trust property to my
Beneficiaries as designated in the Trust Agreement.
Please indicate your acceptance of this appointment by signing where indicated at the bottom of
this letter and returning the letter to me.
Sincerely,
/'~ IJ!r
Vie u ~ -J ~(fi7'--
~HAFFER I
Trustor/Trustee
I accept appointment as Successor Trustee of THE RAYMOND L. SCHAFFER REVOCABLE
LIVING TRUST. . J ,~:J.. '/ J
.~~~~~
GEORG A. WEINRICH
)) /1-0/03
Date
Trustee, please return this acceptance letter to the Trustor at the letterhead address. This signed letter will
be kept by Mr. Schaffer with his trust documents.
REVOCABLE LIVING TRUST AGREEMENT
J; . , .--1'1I1S AGREE~NT AND DECLARATION OF TRUST, made effective J # day of
( L/ t/ , 20 vJ , by RAYMOND L. SCHAFFER, Grantor, Settlor and Trustee, who resides
at 261 Redwood Lane, Carlisle, County of Cumberland, Commonwealth of Pennsylvania, does hereby
establish a Trust upon the conditions and for the purposes hereafter set forth.
WITNESSETH:
WHEREAS, in order to provide the future comfort and security to himself and the other
beneficiaries hereafter mentioned, Grantor desires to create a revocable trust for the purposes hereinafter
set forth;
ARTICLE ONE
Terms of the Trust
Section 1.01 - Trust Estate Defined
NOW, THEREFORE, in consideration of the premises and of the Covenants herein contained this
Revocable Trust is formed to hold title to real and personal property for the benefit of the Settlor of this
Trust and to provide for the orderly use and transfer of these assets upon the death of the Settlor. The
"Trust Estate" is defined as all property transferred or conveyed to and received by the Trustee held
pursuant to the terms of this instrument. The Trustee is required to hold, administer, and distribute this
property as provided in this Trust Agreement.
The name ofthis Trust Agreement shall be:
THE RAYMOND L. SCHAFFJI:. ~ REVOC~E LNlNG TRUST AGREEMENT
DATE~J6 ,200_
Section 1.02 - Definitions of Terms
As used in this Trust Agreement:
1. The term "Settlor" shall mean RAYMOND L. SCHAFFER.
2. The term .'Descendant" shall mean the lawful issue of a deceased parent in the line of
descent, but does not include the issue of any parent who is a descendant of the deceased
person in question and who is living at the time in question.
3. The terms "Child" and "Descendant" include any issue born to decedent, a child legally
adopted by the decedent, and a posthumous child of a decedent. A posthumous child is to
be considered as living at the time of his or her parent's death.
4. The term "Survives" or "Surviving", unless otherwise indicated herein, shall be construed
to mean surviving the decedent for at least sixty (60) days. If the person referred to dies
REVOCABLE LIVING TRUST AGREEMENT
Page 1
j'..
....--\
within sixty (60) days of the death of the decedent, the reference to him or her will be
construed as if he or she had failed to survive the decedent; provided, however, that any
such person will have, during such period, the right to the use and enjoyment as a life
tenant of all property in which his or her interest will fail by reason of death during such
period.
5. The term "Issue" will include all natural and adopted children, if applicable, and
descendants and those legally adopted into the line of descent.
6. The term "Per Stirpes" means strict per stirpes and does not mean per capita with
representation. Beneficiaries entitled to take under a "per stirpes" clause will include
both natural and adopted children and their descendants.
7. The terms "Trust Assets" and "Trust Estate" include all assets of any trust created
hereunder and income derived from such assets and all proceeds of any description
derived from the sale, exchange, or other disposition of such assets.
8. When required to give reasonable effect to the context in which used, pronouns in the
masculine, feminine, or neuter gender include each other, and nouns and pronouns in the
plural or singular number include each other.
Section 1.03 - Trnstee Designation
Settlor is hereby designated as Trustee. The term "Trustee" as used in this Trust Agreement shall refer to
Settlor so long as he or she serves as Trustee, and/or to any successor Trustee who assumes the role of
Trustee. These Trustees shall serve in the order as provided in Section 8.01 of this Trust Agreement.
Section 1.04 - Additions to Trust Properties
I. The Trustee, at any time during the continuance of this Trust in his or her sole discretion after
consideration of the possible tax consequences to all concerned, is authorized to receive into the
Trust additions of cash and other properties from any source whatsoever, whether by gift, will, or
otherwise. However, the Trustee shall accept all assets which any person or persons may give,
devise, or bequeath by Last Will and Testament to this Trust, and shall accept all assets
transferred to this Trust pursuant to the provisions of any other Trust document or documents.
2. In addition, any person or persons may designate this Trust as the Beneficiary, Primary or
Contingent, of any death benefits to include insurance benefits, pension benefits, or other
benefits. Until such benefits mature, the Trustee shall have no responsibility with respect to those
benefits.
Section 1.05 - Apportionment
The Trustee of the Trust is directed to apportion receipts and expenditures of the types described below
between principal and income as follows:
I. Whenever the principal, or any part thereof, of the Trust property is invested in securities
purchased at a premium or at a discount, any premium will be charged against principal and any
discount will be credited to principal;
REVOCABLE LIVING TRUST AGREEMENT
Page 2
2. Any stock dividends and rights to purchase additional stock issued on securities held in trust will
be treated as principal. All other dividends, except liquidatin'g distributions, will be treated as
income; and
3. The amount of any applicable depletion allowance for federal income tax purposes will be treated
as Income.
Section 1.06 - Discretionary Termination
The Trustee may terminate any Trust when, in the opinion of the Trustee, the principal is reduced to such
an extent that it is not in the best interest of the Beneficiary or Beneficiaries to continue the Trust. The
judgment of the Trustee with respect to this decision to terminate will be final and not subject to judicial
review. If the Trustee terminates a Trust according to this Section, the date the Trust terminates will be
deemed the date fixed for termination of the Trust, and the Trustee will distribute the assets of the
terminating Trust to the Beneficiary or Beneficiaries pursuant to this Agreement.
Section 1.07 - Amendment and Revocation
At any time during the life of the Settlor, the Settlor may, by a duly executed instrument filed with the
Trustee:
1. Amend this Trust Agreement in any manner; and/or
2. Revoke this Trust Agreement in part or in whole. If the Trust Agreement is revoked in whole, the
Trustee shall transfer title to all Trust property of every kind and description back into the
individual name of the Settlor. The instrument of amendment or revocation shall be effective
immediately upon its proper execution by the Settlor, but until a copy has been received by a
Trustee, that Trustee shall not incur any liability or responsibility either (i) for failing to act in
accordance with such instrument or (ii) for acting in accordance with the provisions of this Trust
Agreement without regard to such instrument.
3. Withdraw from the Trust Estate all or any part of the principal and accumulated income of the
Trust to satisfy liabilities lawfully incurred in the administration of this Trust.
Section 1.08 - Revocation or Alteration by Settlor Alone
The rights of revocation, withdrawal, alteration, and amendment reserved in this Article may only be
exercised by the Settlor and may not be exercised by any other person, including an agent, a guardian, or
a conservator.
Section 1.09 - Irrevocability
Except as otherwise provided, on the death of Settlor, the designation of Beneficiaries of specific gifts in
this Trust shall become irrevocable and not subject to amendment or modification.
Section 1.10 - Settlor Powers
The Settlor shall be the Trustee unless and until he or she resigns in writing or is determined incompetent
under the terms provided herein. The Settlor shall retain all absolute rights to discharge or replace any
Successor Trustee so long as the Settlor is competent.
REVOCABLE LIVING TRUST AGREEMENT
Page :)
ARTICLE TWO
Trust Administration
Section 2.01 - Trust Income
During the life of the Settlor, the Trustee shall at least annually, unless otherwise directed by Settlor in
writing, pay to or apply for the benefit of Settlor, all of the net income from the Trust Estate.
Section 2.02 - Protection of Settlor in Event of Incapacity
During the life of the Settlor, should Settlor become incapacitated as defined in Section 2.03 below, the
Trustee may, in the Trustee's absolute discretion, pay income and principal for the benefit of the
incapacitated Settlor, and may pay to or apply for the benefit of that Settlor such sums from the net
income and from the principal of the Estate ofthe Trustee, in the Trustee's absolute discretion, believes is
necessary or advisable for the medical care, comfortable maintenance, and welfare of the Settlor.
Section 2.03 - Incapacity
In the event that any Trustee or any Beneficiary hereunder comes into possession of any of the following:
1. A jurisdictionally applicable court order holding the party to be legally incapacitated to act on his
or her behalf and appointing a guardian or conservator to act for him or her; or
2. Written certificates which are duly executed, witnessed, and acknowledged of two licensed
physicians, each certifying that the physician has examined the person and has concluded that, by
reason of accident, mental deterioration, or other cause, such person has become incapacitated
and can no longer act rationally and prudently in his or her own financial best interest; or
3. Evidence which such Trustee or Beneficiary deems to be credible and currently applicable that a
person has disappeared, is unaccountably absent, or is being detained under duress, and that he or
she is unable to effectively and prudently look after his or her own best interests, then in that
event and under those circumstances:
a. Such person is deemed to have become incapacitated, as that term is used in this Trust
agreement; and
b. Such incapacity is deemed to continue until such court order, certificates, and / or
circumstances are inapplicable or have been revoked.
A physician's certificate to the effect that the person is no longer incapacitated shall revoke a certificate
declaring the person incapacitated. The certificate which revokes the earlier certificate may be executed
by either the original certifying physician or by two other licensed, board certified physicians. No Trustee
shall be under any duty to institute any inquiry into a person's possible incapacity. The reasonable
expense of any such inquiry shall be paid from the Trust Assets.
Section 2.04 - Principal Invasion
During the life of the Settlor, should the net income of assets contained in this Trust at the time of the
Settlor's death be insufficient to provide for the care, maintenance, or support of the Settlor as herein
defined, the Trustee may, in the Trustee's sole and absolute discretion, pay to or apply for the benefit of
the Settlor or any of their dependents, such amounts from the principal of the Trust Estate as the Trustee
deems necessary or advisable for the care, maintenance, or support ofthe Settlor.
REVOCABLE LIVING TRUST AGREEMENT
Page 4
Section 2.05 - Residence
If the Settlor's residence property is a part of the Trust, the Settlor shall have possession of and full
management of the residence and shall have the right to occupy it free of rent. Any expenses arising from
the maintenance of the property and from all taxes, liens, assessments, and insurance premiums, are to be
paid from the Trust to the extent that assets are available for payment. It is the intent of the Grantor to
retain all homestead rights available to him or her under the applicable state law.
ARTICLE THREE
Administration/Distribution of Trust
Section 3.01 - Death
On the death of the Settlor, the Trustee shall distribute the principal of the Trust and any accrued or
undistributed income from the principal of the Trust in such a manner and to such persons, including the
Estate of the Creditors, as directed in this Trust Agreement.
Section 3.02 - Payment of Death Expenses
On the death of the Settlor, the Trustee shall pay from the Trust Estate constituting the Settlor's last
illness, funeral, burial and any inheritance, estate, or death taxes that may be due by reason ofthe Settlor's
death, unless the Trustee in his or her absolute discretion determines that other adequate provisions have
been made for the payment of such expenses and taxes.
Section 3.03 - Trost Income and Principal Distribution
1. The Trustee shall apply and distribute the net income and principal of each of the shares of the
resulting Trust Estate, after giving effect to the section of this Trust Agreement entitled "Special
Directives" to the following Beneficiaries in the indicated fractional shares:
Miriam L. Brown
Howard R. Brown
1/2
1/2
2. If any of the above Beneficiaries, or any other Beneficiary, is under the age of 21 years when the
distribution is to be made, the Trustee shall have authority to distribute the same, in whole or in
part, to a custodian for the minor appointed under a Uniform Gifts or Transfers to Minors Act, or
the Trustee may retain any such property and administer and distribute the same for the benefit of
the minor, paying to or for the benefit of such minor so much of the income and principal of the
retained property from time to time as the Trustee deems advisable for the health, education,
support, and maintenance of the minor. When the person for whom the property is held attains
the age of 21 years, the property shall thereupon be distributed to him or her free of trust unless
otherwise stated in this Agreement If the minor should die before attaining the age of majority,
the property shall then be paid and distributed to the estate of the minor.
3. If all of the Settlor's Beneficiaries and their children should fail to survive the final distribution of
the Trust Estate, all of the Trust Estate not disposed of as hereinabove provided shall be
distributed as provided for in this Trust Agreement.
REVOCABLE LIVING TRUST AGREEMENT
Page 5
Section 3.04 - Principle of Representation
If a Beneficiary of the Settlor should fail to survive to collect his or her share, that share shall pass to the
surviving issue of that deceased Beneficiary per stirpes and with right ofrepresentation.
ARTICLE FOUR
Trustee Powers & Provisions
Section 4.01 - Non-Income Prodncing Property
During the life of the Settlor, the Trustee is authorized to retain in the Trust, for so long as the Trustee
may deem advisable, any property received by the Trustee from the Settlor, whether or not such property
is of the character permitted by law for the investment of Trust funds.
Section 4.02 - Trustee Powers
The Trustee shall have all powers conferred upon a Trustee by law for the orderly administration of the
Trust Estate. If any property is distributed outright under the provision of this Trust Agreement to a
person who is a minor, distribution may be made under the Pennsylvania Uniform Transfer to Minors Act
("P AUTMA"). The Trustee is further authorized to sign, deliver, and/or receive any documents necessary
to carry out the powers contained within this Section.
The Trustee of any trust created under this Trust Agreement (including any substitute or successor
Trustee) will have and be subject to all of the powers, duties, and responsibilities granted or imposed by
the Pennsylvania Consolidated Statutes (20 Pa. C.S. Section 101 et seq.) as such Statute may provide at
the time of administration of the Trust, except to the extent that the same are inconsistent with the
provisions of this Agreement.
Section 4.03 - Specific Powers of Trustee
In addition, the Trustee will have the following specific powers:
1. Trust Estate: The Trustee may leave invested any property coming into its hands hereunder in
any form of investment even though the investment may not be of the character of investments
permitted by law to trustees, without liability for loss or depreciation in value. The Trustee may
sell, mortgage, exchange, or otherwise dispose of and reinvest property which may at any time be
a part of the Trust Estate upon such terms and conditions as the Trustee may deem advisable.
The Trustee may invest and reinvest the Trust Assets from time to time in any property, real,
personal, or mixed, including without limitation, securities of domestic and foreign corporations
and investment trusts or companies, bonds, debentures, preferred stocks, common stocks,
mortgages, mortgage participation, and interests in common trust funds, all with complete
discretion to convert realty into personalty or personalty into realty or otherwise change the
character of the Trust Estate, even though such investment (by reason of its character, amount,
proportion to the total Trust Estate, or otherwise) would not be considered appropriate for a
fiduciary apart from this provision and even though such investment caused part or all of the total
Trust Estate to be invested in investments of one type or of one business or company.
2.. Holding Property: The Trustee may hold property in the Trustee's name, as trustee, or in the
name of a nominee without disclosing the Trust.
REVOCABLE LIVING TRUST AGREEMENT
Page 6
3. Release of Power: If the Trustee deems it to be in the best interest of the Trust and its
Beneficiaries, the Trustee, by written instrument signed by such Trustee, will have the power and
authority to release, disclaim, or restrict the scope of any power or discretion granted in this Trust
Agreement or implied by law.
4. Agents, Employees: The Trustee may employ one or more agents to perform any act of
administration, whether or not discretionary, including attorneys, auditors, investment managers,
or others, as the Trustee shall deem necessary or advisable. The Trustee may compensate agents
and other employees and may delegate to them any and all discretions and powers.
5. Leases: The Trustee may lease any Trust Assets generally or for oil, gas, and mineral
development, even though the lease term may extend beyond the term of the Trust of which the
property is a part. The Trustee may enter into any covenants and agreements relating to the
property so leased or concerning any improvements which may then or thereafter be erected on
such property.
6. Common Funds: The Trustee may hold any of the Trust Assets in a common fund with property
from other trust estates and may make investments jointly with any other trust, the property of
which is included in the common fund.
7. Securities: With respect to securities held in the Trust Estate, the Trustee may exercise all the
rights, powers, and privileges of an owner, including but not limited to, the power to vote, give
proxies, and to pay assessments and other sums deemed by the Trustee necessary for the
protection of the Trust Estate. In addition, the Trustee may participate in voting trusts,
foreclosures, reorganizations, consolidations, mergers, and liquidations, and in connection
therewith, to deposit securities with and transfer title to any protective or other committee under
such terms as the Trustee may deem advisable. In addition, the Trustee may exercise or sell stock
subscription or conversion rights and may accept and retain as an investment any securities or
other property received through the exercise of any of the foregoing powers, regardless of any
limitations elsewhere in this instrument relative to investments by the Trustee.
8. Purchases from Estate: The Trustee may purchase property of any kind from the Executor or
Administrator of the Estates.
9. Lending: The Trustee may make loans, secured or unsecured, to the Executor or Administrator
of the Estate, to any Beneficiary of the Trust, or to the Trustee. Further, the Trustee may use
Trust Assets to guarantee obligations of any income Beneficiary of the Trust (unless such
Beneficiary is serving as Trustee).
10. Distributions to or for Beneficiaries: The Trustee may make any distribution contemplated by
this Trust Agreement (1) to the Beneficiary; (2) if the Beneficiary is under a legal disability or if
the Trustee determines that the Beneficiary is unable to properly manage his or her affairs, to a
person furnishing support, maintenance, or education for the Beneficiary or with whom the
Beneficiary is residing for expenditures on the Beneficiary's behalf; or (3) if the Beneficiary is a
minor, to a trustee of an existing trust established exclusively for the benefit of such minor,
whether created by this Trust Agreement or otherwise, or to a custodian for the Beneficiary, as
selected by the Trustee, under the Pennsylvania Uniform Transfer to Minors Act. Alternatively,
the Trustee may apply all or a part of the distribution for the Beneficiary's benefit. Any
distribution under this paragraph will be a full discharge of the Trustee with respect thereto. On
any partial or final distribution of the Trust Assets, the Trustee may apportion and allocate the
assets of the Trust Estate in cash or in kind, or partly in cash and partly in kind, or in undivided
interests in the manner deemed advisable at the discretion of the Trustee and to sell any property
REVOCABLE LIVING TRUST AGREEMENT
Page 7
deemed necessary by the Trustee to make the distribution. The Trustee may distribute gifts of up
to the maximum allowable per year per donee out of principal and/or interest.
11. Insurance: The Trustee may purchase new life insurance, pay the premiums on existing life
insurance on the life of any Trust Beneficiary, purchase annuities (either commercial or private)
from any corporation, trust, or individual, and may procure and pay the premiums on other
insurance of the kinds, forms, and amounts deemed advisable by the Trustee to protect the
Trustee and the Trust Estate.
12. Borrowing: The Trustee may borrow money from the Trust Estate and others. To secure the
repayment thereof, the Trustee may mortgage, pledge, or otherwise encumber part or all of the
Trust Assets, and in connection with the acquisition of any property, the Trustee may assume a
liability or may acquire property subject to a liability.
13. Repairs: The Trustee may make ordinary and extraordinary repairs and alterations to buildings
or other Trust Assets.
14. Reserves: The Trustee may establish such reserves out of income for taxes, assessments, repair,
and maintenance as the Trustee considers appropriate.
15. Continuation of Business: The Trustee may continue any business or businesses in which the
Trust has an interest at the time of the Settlor's death for so long as the Trustee may, in its sole
discretion, consider necessary or desirable, whether or not the business is conducted by the Settlor
at the time of his/her death individually, as a partnership, or as a corporation wholly owned or
controlled by him, with full authority to sell, settle, and discontinue any of them when and upon
such terms and conditions as the Trustee may, in its sole discretion, consider necessary or
desirable.
16. Retain Property for Personal Use: The Trustee may retain a residence or other property for the
personal use of a Beneficiary and to allow a Beneficiary to use or occupy the retained property
free of rent and maintenance expenses.
17. Dealings with Third Parties: The Trustee may deal with any person or entity regardless of
relationship or identity of any Trustee to or with that person or entity. The Trustee may hold or
invest any part of or all of the Trust Estate in common or undivided interests with that person or
entity.
18. Partitions, Divisions, Distributions: The Trustee will have the power to make all partitions,
divisions, and distributions contemplated by this Trust Agreement. Any partitions, divisions, or
other distributions may be made in cash, in kind, or partly in cash and partly in kind, in any
manner that the Trustee deems appropriate (including composing shares differently). The Trustee
may determine the value of any property, which valuation will be binding on all Beneficiaries.
No adjustments are required to compensate for any partitions, divisions, or distributions having
unequal consequences to the Beneficiaries.
19. Claims, Controversies: The Trustee may maintain and defend any claim or controversy by or
against the Trust without the joinder or consent of any Beneficiary. The Trustee may commence
or defend at the expense of the Trust any litigation with respect to the Trust or any property of the
Trust Estate as the Trustee may deem advisable. The Trustee may employ, for reasonable
compensation, such counsel as the Trustee shall deem advisable for that purpose.
REVOCABLE LIVING TRUST AGREEMENT
Page 8
20, Merger of Trusts: If at any time the Trustee of any trust created hereunder shall also be acting as
trustee of any other trust created by trust instrument or by trust declaration for the benefit of the
same beneficiary or beneficiaries and upon substantially the same terms and conditions, the
Trustee is authorized and empowered, if in the Trustee's discretion such action is in the best
interest of the Beneficiary or Beneficiaries, to transfer and merge all of the assets then held under
such trust created pursuant to this Trust Agreement to and with such other trust and thereupon to
terminate the trust created pursuant to this Trust Agreement. The Trustee is further authorized to
accept the assets of any other trust which may be transferred to any trust created hereunder and to
administer and distribute such assets and properties so transferred in accordance with the
provisions of this Agreement.
21. Termination of Small Trust: Any corporate Trustee which is serving as the sole Trustee of any
Trust or any Share thereof may at any time terminate such Trust or Share if, in the Trustee's sole
judgment, the continued management of such Trust or Share is no longer economical because of
the small size of such Trust or Share and if such action will be deemed to be in the best interests
of the Beneficiary or Beneficiaries. In case of such termination, the Trustee will distribute
forthwith the share of the Trust Estate so terminated to the income Beneficiary, per stirpes. Upon
such distribution, such Trust or Share will terminate and the Trustee will not be liable or
responsible to any person or persons whomsoever for its action. The Trustee will not be liable for
failing or refusing at any time to terminate any Trust or a Share thereof as authorized by this
paragraph.
22. Power to Determine Income and Principal: Dividends payable in stock of the issuing
corporation, stock splits, and capital gains will be treated as principaL Except as herein otherwise
specifically provided, the Trustee will have full power and authority to determine the manner in
which expenses are to be borne and in which receipts are to be credited as between principal and
income. The Trustee has the power to determine what will constitute principal or income and
may withhold from income such reserves for depreciation or depletion as the Trustee may deem
fair and equitable. In determining such matters, the Trustee may give consideration to the
provisions of the Pennsylvania Statutes (or its successor statutes) relating to such matters, but it
will not be bound by such provisions.
23. Generation-Skipping Taxes and Payment: If the Trustee considers any distribution or
termination of an interest or power hereunder as a distribution or termination subject to a
generation-skipping tax, the Trustee is authorized:
a. To augment any taxable distribution by an amount which the Trustee estimates to be
sufficient to pay such tax and charge the same to the particular trust to which the tax
related without adjustment of the relative interests of the Beneficiaries;
b. To pay such tax, in the case of a taxable termination, from the particular trust to which
the tax relates without adjustment of the relative interests of the Beneficiaries. If such tax
is imposed in part by reason of the Trust Assets, the Trustee will pay only the portion of
such tax attributable to the taxable termination hereunder taking into consideration
deductions, exemptions, credits, and other factors which the Trustee deems advisable;
and
c. To postpone final termination of any particular trust and to withhold any portion or all of
the Trust Estate until the Trustee is satisfied that the Trustee no longer has any liability to
pay any generation-skipping tax with reference to such trust or its termination.
REVOCABLE LIVING TRUST AGREEMENT
Page 9
Section 4.04 - Special Provision for S Corporation Stock
Notwithstanding what is otherwise provided in this Trust Agreement, if at any time the Trust contains any
stock of a corporation which elects or has elected treatment as an "S Corporation" as defined by Section
1361(a)(1) of the illternal Revenue Code (or any corresponding successor statute), such stock will be
segregated from the other assets of such and treated as a separate trust. The Trustee will further divide the
separate trust into shares for each Beneficiary and such shares will be distributed outright or held in trust
as herein provided. ill addition, all other provisions of this Trust Agreement will apply to each share held
in trust (and constituting a separate trust) except that the Trustee will distribute all of the income from
each separate trust to its Beneficiary in convenient installments at least annually. It is the Settlor's intent
that each separate trust will be recognized as a "Qualified Subchapter S Trust" ("QSST") under Section
1361(d)(2) of the Internal Revenue Code (or any corresponding successor statute). Notwithstanding any
provisions of this Trust Agreement to the contrary, the Trustee's powers and discretions with respect to
the administration of each separate trust (including methods of accounting, bookkeeping, making
distributions, and characterizing receipts and expenses) will not be exercised or exercisable except in a
manner consistent with allowing each separate trust to be treated as a QSST as above described.
ARTICLE FIVE
Trustee Powers with a Probate Estate
Section 5.01 - Coordination with Settlor's Probate Estate
1. At any time during the continuance of this Trust, including subsequent to the death of Settlor, the
Trustees may, in their sole and uncontrolled discretion, distribute to the deceased Settlor's
Probate Estate cash and/or other property as a Beneficiary of the Trust.
2. All other provisions to the contrary notwithstanding, under no circumstances shall any restricted
proceeds, as hereinafter defined, be either directly or indirectly: (i) distributed to or for the benefit
of the Settlor's Executors or the Settlor's Probate Estate; or (ii) used to pay any other obligations
of the Settlor's Estate. The term "Restricted Proceeds" means:
a. All qualified plans, individual retirement accounts, or similar benefits which are received
or receivable by any Trustee hereunder, and which are paid solely to a Beneficiary other
than the Executor of the Settlor's Gross Estate for Federal Estate Tax purposes; and
b. All proceeds of insurance on the Settlor's life which, if paid to a Beneficiary other than
the Settlor's Estate, would be exempt from inheritance or similar death taxes under
applicable state death laws.
Section 5.02 - Direction to Minimize Taxes
In the administration of the Trust hereunder, its Fiduciaries shall exercise all available tax related
elections, options, and choices in such a manner as they, in their sole but reasonable judgment (where
appropriate, receiving advice of tax counsel), believe will achieve the overall minimum in total combined
present and reasonably anticipated future administrative expenses and taxes of all kinds. This applies not
only to said Trust, but also to its Beneficiaries, to the other Trusts hereunder and their Beneficiaries, and
to the Settlor's Probate Estate.
Without limitation on the generality of the foregoing direction (which shall to that extent supercede the
usual fiduciary duty of impartiality), such Fiduciaries shall not be accountable to any person interested in
this Trust or to Settlor's Estate for the manner in which they shall carry out this direction to minimize
REVOCABLE LIVING TRUST AGREEMENT
Page 10
overall taxes and expenses (including any decision they may make not to incur the expense of a detailed
analysis of alternative choices). Even though their decisions in this regard may result in increased taxes
or decreased distributions to the Trust, to the Estate, or to one or more Beneficiaries, the Fiduciaries shall
not be obligated for compensation readjustments or reimbursements which arise by reason of the manner
in which the Fiduciaries carry out this direction.
Section 5.03 - Judgment and Discretion of Trustee
In the absence of proof of bad faith, all questions of construction or interpretation of any trusts created by
this Trust Agreement will be finally and conclusively determined solely by the Trustee, according to the
Trustee's bestjudgrnent and without recourse to any court. Each determination by the Trustee is binding
on the Beneficiaries and prospective Beneficiaries hereunder, both in being and unborn, as well as all
other persons, firms, or corporations. The Trustee, when exercising any discretionary power relating to
the distribution or accumulation of principal or income or to the termination of any trust, will be
responsible only for lack of good faith in the exercise of such power. Each determination may be relied
upon to the same extent as if it were a final and binding judicial determination. In the event of a conflict
between the provisions of this Trust Agreement and those of the Pennsylvania Statutes, the provisions of
this Agreement will control.
ARTICLE SIX
Resolution of Conflict
Section 6.01 - Resolution of Conflict
Any controversy between the Trustee or Trustees and any other Trustee or 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 shall, on the written request of either or any disagreeing party
served on the other or others, shall 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, 140 West 51st Street, New York, NY 10200.
Sectiou 6.02 - Incontestability
The beneficial provisions of this Trust Agreement are intended to be in lieu of any other rights, claims, or
interests of whatsoever nature, whether statutory or otherwise, except bona fide pre-death debts, which
any Beneficiary hereunder may have in Settlor's Estate or in the properties in trust hereunder.
Accordingly, if any Beneficiary hereunder asserts any claim (except a legally enforceable debt), statutory
election, or other right or interest against or in Settlor's Estate, or any properties of this Trust, other than
pursuant to the express terms hereof, or directly or indirectly contests, disputes, or calls into question,
before any court, the validity of this Trust Agreement, then:
1. Such Beneficiary shall thereby absolutely forfeit any and all beneficial interests of whatsoever
kind and nature which such Beneficiary or his or her heirs might otherwise have under this Trust
Agreement and the interests of the other Beneficiaries hereunder shall thereupon be appropriately
and proportionately increased; and
REVOCABLE LIVING TRUST AGREEMENT
Page 11
2. All of the provisions of this Trust Agreement, to the extent that they confer any benefits, powers,
or rights whatsoever upon such claiming, electing, or contesting Beneficiary, shall thereupon
become absolutely void; and
3. Such claiming, electing, or contesting Beneficiary, if then acting as a trustee hereunder, shall
automatically cease to be a Trustee and shall thereafter be ineligible either to select, remove, or
become a Trustee hereunder.
Section 6.03 - Trust Contests and Specific Omissions
If any beneficiary under this trust, singly or in conjunction with any other person or persons, directly or
indirectly:
1. contests in any court the validity of this trust or, in any manner, attacks or seeks to impair or
invalidate any of its provisions;
2. contests in any court the validity of the Settlor's Trust or, in any manner, attacks or seeks to
impair or invalidate any of its provisions;
3. seeks to obtain an adjudication in any proceeding in any court that this trust or any of its
provisions or that Settlor's Trust or any of its provisions is void;
4. claims entitlement by way of any written or oral contract to any portion of the Settlor's estate,
whether in probate or under this instrument;
5. unsuccessfully challenges the appointment of any person named as Trustee or successor Trustee
of this Trust,
6. objects in any manner to any action taken or proposed to be taken in good faith by the Trustee
Settlor's Trust;
7. objects to any construction or interpretation of this Trust, or any provision of it, that is adopted or
is proposed in good faith by the Trustee;
8. unsuccessfully seeks the removal of any person acting as Trustee of any Trust created under this
instrument;
9. files any creditor's claim in Settlor's estate (without regard to its validity), whether the claim arose
before or after the date of this instrument, but excepting claims for cash advanced or paid for
expenses of the Settlor's last illness or funeral paid by said claimant;
10. attacks or seeks to invalidate any designation of beneficiaries for any life insurance policy on
Settlor's life;
11. attacks or seeks to invalidate any designation of beneficiaries for any pension or IRA or other
form of qualified or non-qualified asset or deferred compensation account, agreement or
arrangement;
12. attacks or seeks to invalidate any trust which Settlor has created or may create during Settlor's
lifetime, or any provision thereof, as well as any gift which Settlor has made or will made during
Settlor's lifetime, whether before or after the date of this instrument;
13. attacks or seeks to invalidate any transaction by which Settlor sold any assets (whether to a
relative of Settlor's or otherwise); or
14. refuses a request of Settlor's Trustee, Executor or other fiduciary to assist in the defense against
any of the foregoing acts or proceedings,
then that person's right to take any interest given to him or her by this trust shall be determined as it would
have been determined if the person had predeceased the execution of this trust instrument without issue
surviVmg.
REVOCABLE LIVING TRUST AGREEMENT
Page 12
The provisions of the foregoing paragraph shall not apply to any disclaimer by any person of any benefit
under this trust or under the Settlor's Trust. In the event that any provision of this Article is held to be
invalid, void or illegal, the same shall be deemed severable from the remainder of the provisions of this
Article and shall in no way affect, impair or invalidate any other provision in this Article; and if such
provision shall be deemed invalid due to its scope or breadth, such provision shall be deemed to exist to
the extent of the scope or breadth permitted by law.
Section 6.04 - Benefits Confidential
The Settlor further declare that it is his/her desire and intent that the provisions of this Trust Agreement
are to remain confidential as to all parties. The Settlor directs that only the information concerning the
benefits paid to any particular Beneficiary shall be revealed to such individual and that no individual shall
have a right to information concerning the benefits being paid to any other Beneficiary.
ARTICLE SEVEN
General Provisions
Section 7.01 - Distribution in Kind or in Cash
On any division of the assets of the Trust Estate in to shares or partial shares, and on any final or partial
distribution of the assets of the Trust Estate, the Trustee, at his or her absolute discretion, may divide and
distribute undivided interests of such assets on a pro rata or non-pro rata basis, or may sell any part of or
all of such assets and may make divisions or distributions in cash or partly in cash and partly in kind. The
decision of the Trustee, either prior to or on any division or distribution of such assets, as to what
constitutes a proper division of such assets of the Trust Estate, shall be binding on all persons interested in
any trust provided for in this Trust Agreement.
Section 7.02 - Spendthrift Provision
Neither the principal nor the income of the trust shall be liable for the debts of a Beneficiary. Except as
otherwise expressly provided in this Agreement, no Beneficiary of any trust shall have any right, power,
or authority to alienate, encumber, or hypothecate his or her interest in the principal or income of this
Trust in any manner, nor shall the interests of any Beneficiary be subject to the claims of his or her
creditors or liable to attachment, execution, or other process of law. The limitations herein shall not
restrict the exercise of any power of appointment or the right to disclaim.
Section 7.03 - Definition of Children
The terms "Child" and "Children" as used in this Agreement mean the lawful issue of a Settlor. This
defmition also includes children legally adopted by a Settlor.
Section 7.04 - Handicapped Beneficiaries
AllY Beneficiary who is determined by a court of competent jurisdiction to be incompetent shall not have
any discretionary rights of a Beneficiary with respect to this Trust, or to their share or portion thereof.
The Trustee shall hold and maintain such incompetent Beneficiary's share of the Trust estate and shall, in
the Trustee's sole discretion, provide for such Beneficiary as that Trustee would provide for a minor.
Notwithstanding the foregoing, any Beneficiary who is diagnosed for the purposes of governmental
benefits (as hereinafter delineated) as being not competent or as being disabled, and who shall be entitled
to governmental support and benefits by reason of such incompetency or disability, shall cease to be a
Beneficiary of this Trust. Likewise, they shall cease to be a Beneficiary if any share or portion of the
REVOCABLE LIVING TRUST AGREEMENT
Page 13
principal or income of the Trust shall become subject to the claims of any governmental agency for costs
or benefits, fees, or charges.
The portion of the Trust Estate which, absent the provisions of this section, would have been the share of
such incompetent or handicapped person shall be retained in trust for as long as that individual lives. The
Trustee, at his or her sole discretion, shall utilize such funds for the maintenance of that individual. If
such individual recovers from his or her incompetency or disability and is no longer eligible for aid from
any governmental agency, including costs or benefits, fees, or charges, such individual shall be reinstated
as a Beneficiary after 60 days from such recovery and the allocation and distribution provisions as stated
herein shall apply to that portion of the Trust Estate which is held by the Trustee subject to the foregoing
provisions of this section. If said handicapped Beneficiary is no longer living and shall leave children
then living, the deceased child's share shall pass to those children per stirpes. If there are no children, the
share shall be allocated proportionately among the remaining Beneficiaries.
ARTICLE EIGHT
Successor Trustee Appointments
Section 8.01 - Trustees
All Trustees are to serve without bond. The following will act as Trustees of any Trusts created by this
Trust Agreement, in the following order of succession:
First:
The undersigned, Raymond L. Schaffer
Second:
At the death or incapacity of Raymond L. Schaffer, Miriam L. Brown shall
serve as First Successor Trustee.
Third:
Howard R. Brown shall serve as Second Successor Trustee.
Last:
A Trustee chosen by the majority of Beneficiaries, with a parent or legal guardian
voting for minor Beneficiaries; provided, however, that the children of any
deceased Beneficiary shall collectively have only one vote.
Section 8.02 - Allocation and Distribution of The Trust Assets
The Trustees shall allocate, hold, administer, and distribute the Trust Assets as hereinafter provided:
1. Upon the death of the Settlor, the Trustee shall make any separate distributions the Trust Assets
in the manner hereinafter prescribed.
Section 8.03 - Personal Property Distribution
Notwithstanding any provision of this Trust Agreement to the contrary, the Trustee must abide by any
memorandum by the Settlor, particularly that contained in the section entitled "Special Directives"
incorporated into this Trust Instrument, directing the disposition of Trust Assets of every kind including,
but not limited to, furniture, appliances, furnishings, pictures, china, silverware, glass, books, jewelry,
wearing apparel, and all policies of fire, burglary, property damage, and other insurance on or in
connection with the use of property. Otherwise, any personal and household effects of the Settlor shall be
distributed with the remaining assets of the Trust Estate.
REVOCABLE LIVING TRUST AGREEMENT
Page 14
Section 8.04 - Liability of Trustee
The Trustee will not be responsible or liable for any loss which may occur by reason of depreciation in
value of the properties at any time belonging to the Trust Estate nor for any other loss which may occur,
except that the Trustee will be liable for each Trustee's own negligence, neglect, default, or willful wrong.
The Trustee will not be liable or responsible for the acts, omissions, or defaults of any agent or other
person to whom duties may be properly delegated hereunder (except officers or regular employees of the
Trustee) if such agent or person was appointed with due care. The Trustee may receive reimbursement
from the Trust Estate for any liability, whether in contract or in tort, incurred in the administration of the
Trust Estate in accordance with the provisions hereof, and the Trustee may contract in such form that such
Trustee will be exempt from such personal liability and that such liability will be limited to the Trust
Assets.
Section 8.05 - Successor Trustees
Any Successor Trustee shall have all the power, rights, discretion, and obligations conferred on a Trustee
by this Trust Agreement. All rights, titles, and interest in the property of the Trust shall immediately vest
in the successor Trustee at the time of appointment. The prior Trustee shall, without warranty, transfer to
the Successor Trustee the existing Trust property. No Successor Trustee shall be under any duty to
examine, verify, question, or audit the books, records, accounts, or transaction of any preceding Trustee;
and no Successor Trustee shall be liable for any loss or expense from or occasioned by anything done or
neglected to be done by any predecessor Trustee. A Successor Trustee shall be liable only for his or her
own acts and defaults.
ARTICLE NINE
Rule Against Perpetuities
Section 9.01 - Perpetuities Savings Clause
Notwithstanding any other provision of this instrument, the Trusts created hereunder shall terminate not
later than twenty-one (21) years after the death of the last survivor of the Settlor and any other
Beneficiary or Beneficiaries named or defined in this Trust living on the date of the death of the Settlor.
The Trustee shall distribute remaining Trust principal and all accrued or undistributed net income
hereunder to the Beneficiary or Beneficiaries. If there is more than one Beneficiary, the distribution shall
be in the proportion in which they are Beneficiaries; if no proportion is designated, then the distribution
shall be in equal shares to such Beneficiaries.
ARTICLE TEN
General Provisions
Section 10.01 - Governing Law
It is not intended that the laws of only one particular state shall necessarily govern all questions pertaining
to all of the Trust hereunder.
1. The validity of the Trust hereunder, as well as the validity of the particular provisions of that
Trust, shall be governed by the laws of the state which has sufficient connection with the Trust to
support such validity.
REVOCABLE LIVING TRUST AGREEMENT
Page 15
2. The meaning and effect of the terms of this Trust Agreement shall be governed by the laws of the
Commonwealth of Pennsylvania.
3. The administration of this Trust shall be governed by the laws of the state in which the principle
office of the Trustee then having custody of the Trust's principal assets and records is located.
The foregoing shall apply even though the situs of some Trust Assets or the home of the Settlor, a
Trustee, or a Beneficiary may at some time or times be elsewhere.
Section 10.02 - Invalidity of Any Provision
If a court finds that any provision of this Trust Agreement is void, invalid, or unenforceable, the
remaining provisions of this Agreement will continue to be fully effective.
Section 10.03 - Headings
The use of headings in connection with the various articles and sections of this Trust Agreement is solely
for convenience and the headings are to be given no meaning or significance whatsoever in construing the
terms and provisions of this Agreement.
Section 10.04 - Internal Revenue Code Terminology
As used herein, the words "Gross Estate," "Adjusted Gross Estate," "Taxable Estate," "Unified Credit,"
"State Death Tax Credit," "Maximum Marital Deduction," "Marital Deduction," and any other word or
words which from the context in which it or they are used refer to the Internal Revenue Code shall be
assigned the same meaning as such words have for the purposes of applying the Internal Revenue Code to
a deceased Settlor's Estate. Reference to sections of the Internal Revenue Code and to the Internal
Revenue Code shall refer to the Internal Revenue Code amended to the date of such Settlor's death.
REVOCABLE LIVING TRUST AGREEMENT
Page 16
SPECIAL DIRECTIVES
OF
RAYMOND L. SCHAFFER
I, RAYMOND L. SCHAFFER, a resident of the County of CUMBERLAND, Commonwealth of
Pennsylvania, being of lawful age, and of sound and disposing mind and memory, and not acting under
duress, fraud, or undue influence, hereby make, publish and declare this to be my Special Directive, and I
Incorporate THE RAYMOND L. SCHAFFER REVOCABLE LIVING TRUST AGREEMENT.
FIRST
The natural objects of my affection are:
My Child -
Diane F arreZ
My Sister -
Miriam L. Brown
SECOND
I direct that all estate and inheritance taxes payable as a result of my death, not limited to taxes
assessed on property, shall be paid out of the residue of my Estate, and shall not be deducted or collected
from any League, Devisee, or Beneficiary hereunder.
TIllRD
In the event either of my named Beneficiaries should predecease me, all of the Trust Estate shall
be distributed to the remaining primary Beneficiary.
FOURTH
In the event all of my named Beneficiaries predecease me, all of the Trust Estate shall be
distributed to my heirs at law.
FIFTH
I direct that all outstanding debts and/or loans owed by any Beneficiary shall be forgiven and
deemed as having not existed.
SIXTH
I direct that the UNITED METHo.DIST CHURCH (New Kingston, Pennsylvania) shall receive
the sum of $5,000.00.
REVOCABLE LIVING TRUST AGREEMENT
Page 17
SEVENTH
I direct that ST. STEPHEN LUTHERAN CHURCH (New Kingston, Pennsylvania) shall receive
the sum of $5,000.00.
EIGHTH
I direct that the SALVATION ARMY (Carlisle, Pennsylvania) shall receive the sum of
$5,000.00.
NINTH
I direct that MARY DORMAN, GEORGE A. WENRICK and WENDA L. RITTER shall each
receive the sum of$5,OOO.00.
TENTH
I direct that DIANE FARREL shall be specifically excluded from receiving any portion of this
Trust Estate.
ELEVENTH
I direct that, before any distribution of the assets of the Trust Estate to the named Beneficiaries,
certain specific distributions, if any, shall be made from the assets as set forth on the list attached hereto
and marked "Exhibit A."
REVOCABLE LIVING TRUST AGREEMENT
Page 18
DATED to be effective this
/
/1 dayoJt/~
'} ..c;--;
~ .....)
, .
SETTLOR:
~~d~!~#0-C
ACCEPTED BY TRUSTEE:
^'~~~ /jJ~/k:"b.
RA YM . L SCHAFFER " /,
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
This instrument was aclmowledged before me on the date herein set forth by RAYMOND L
SCHAFFER as Settlor and Trustee to certify which witness my hand and seal of office.
NOTARIAL SEAL
TODD 8. GARRY, Notary Public
Lower Southampton Twp., Bucks County
My Commission Expires May 3, 2004
REVOCABLE LIVING TRUST AGREEMENT
Page 19
GENERAL AMENDMENT TO REVOCABLE LIVING TRUST AGREEMENT
TO: RAYMOND L. SCHAFFER, AS TRUSTEE UNDER
THE RAYMOND L. SCHAFFER REVOCABLE LIVING TRUST AGREEMENT
DATED: JULY 16,2003
Pursuant to the right reserved to me, as Settlor under Article One of the above Trust Agreement, I
amend THE RAYMOND L. SCHAFFER REVOCABLE LIVING TRUST AGREEMENT as
follows:
I amend Article VIII Section 8.01 of the Trust Agreement and substitute therefore the following:
Section 8.01 - Trustees
All Trustees are to serve without bond. The following will act as Trustees of any Trusts created by this
Trust Agreement, in the following order of succession:
First:
The undersigned, Raymond L. Schaffer
Second:
At the death or incapacity of Raymond L. Schaffer, George A. Weinrich shall
serve as First Successor Trustee.
Last:
A Trustee chosen by the majority of Beneficiaries, with a parent or legal guardian
voting for minor Beneficiaries; provided, however, that the children of any
deceased Beneficiary shall collectively have only one vote.
DATED this ;;/ dayotf/~
GJ:/~
s~'
~
~g6#~
(Prin-fud Name of Witness)
), t'gJ
~...~~ J~~
T STEE
_~ /k<<J~
WITNES . ' .
r:;.eC'Ti, c f! til~vr,~~
(Printed N e of WItness)
,/ y~ER MY ~ seal of office on this the
.
J/ day of
_-.------~8fY
M~tarl.')l S8ai. '\
J"ItV ~.~. ~ lhl'
,.,.......;'" L Tl1onlf,S, no1wy ,Uu,lC
v}'t\dh~' ,_ i - \-;:1 ,,:--: rOUl11V
U~m"''''enTlIlp.. ,....urn )",r,A.-.. r.: "
nl2 i""- . l- '._~... ..'...."./ ~ .c104 j.
My CommisslOi. c;(p\l'''~ ,v..~,. , ~--c-~
mber, Pennsy\va~dation 01 NotarJeS
GENERAL AMENDMENT TO REVOCABLE LIVING TRUST AGREEMENT
TO: RAYMOND L SCHAFFER, AS TRUSTEE UNDER
THE RAYMOND L. SCHAFFER REVOCABLE LIVING TRUST AGREEMENT
DATED: JULY 16,2003
Pursuant to the right reserved to me, as Settlor under Article One of the above Trust Agreement, I
amend THE RAYMOND L. SCHAFFER REVOCABLE LIVING TRUST AGREEMENT as
follows:
I amend Article ITI Section 3.03 Paragraph 1 of the Trust Agreement and substitute therefore
the following:
Section 3.03 - Trust Income and Principal Distribution
1. The Trustee shall apply and distribute the net income and principal of each of the shares of the
resulting Trust Estate, after giving effect to the section of this Trust Agreement entitled "Special
Directives" to the following Beneficiaries in the indicated percentile shares:
daYOf,/b~ Po.
-----,
/; ~~)d<7J'{
~. . _._c,/~
SS
~{J~~
(i Name 0 Itness)
George A. Weinrich
DATED this
/'
-:
~
C c.?p-~~ 11 10)elOrJ c~ J
(Printed Na e of WItness)
100%
GIVEN UNDER MY HAND and seal of office on this the
!\\){!::.\)S T ,~oo3.
" 'lli.
0-.0 day of
Notarial Seal
Cynthla l. Thomas, Notary Public
HampdenTwp., Cumberland County
My Commission Expires Nov. 1. 2004
Member, Pennsylvania Association of Notaries
GENERAL AMENDMENT TO REVOCABLE LIVING TRUST AGREEMENT
TO: RAYMOND L. SCHAFFER, AS TRUSTEE UNDER
THE RAYMOND L. SCHAFFER REVOCABLE LIVING TRUST AGREEMENT
DATED: JULY 16,2003
Pursuant to the right reserved to me, as Settlor under Article One of the above Trust Agreement, I amend
THE RAYMOND L. SCHAFFER REVOCABLE LIVING TRUST AGREEMENT as follows:
I amend the SPECIAL DIRECTIVES Section of the Trust Agreement to include therefore the
following:
TWELFTH
I direct that the SIXTH, SEVENTH, EIGHTH AND NINTH SPECIAL DIRECTIVES shall be deleted.
THIRTEENTH
UNITED METHODIST CHURCH (New Kingston, Pennsylvania) shall receive the sum of $10,000.00.
FOURTEENTH
I direct that ST. STEPHEN LUTHERAN CHURCH (New Kingston, Pennsylvania) shall receive the sum
of $1 0,000.00.
FIFTEENTH
I direct that the SALVATION ARMY (Carlisle, Pennsylvania) shall receive the sum of $1 0,000.00. i-
SIXTEEN~/..J
I direct that MARY DORMAN, GEORGE A. WENRl~ ~A L. RITIER shall oach "ccive the .;:--
sumof~~O;~.~'ff7':,-0:~ p"~N"/<4 G.IIcAPlA./b1ilv;t/l/UJ&Cg.Jt(J~ #; Ji-/;;L-...- f,
?- f//-VI.J---1 -7.#/:,: 7P;Vj 1'1'(;' N /f ~/q. #'~_
/) DATED this o/-r daYOf/!~ ~.---/. ~...:J
// .L ~~ - .
WITNES~
~. ~ / .' NOT ALSEAl
/// /..7.~~_::::::</"""_\_:----'" .. . ,Notary. P.lIb1iC
~~ Twp., BucksCoooty
( rinted Name of Witness) (Printed Name ofW tne COmm\IalOnExpi~M!W3,.2004
2~ER ~d seal of office on this thL day of
Notarial Sea! Nota oJ
CynthIa l. Tnomas, Notary Public
HamiXlen Twp., Cumberland Counry I
My Commission Expires Nov. 1, 2004~
...._J.,.,.r Dn............I.........;ro. J................;_;......... _(f',I.......h...";,,...
GENERAL AMENDMENT TO REVOCABLE LIVING TRUST AGREEMENT
TO: RAYMOND L. SCHAFFER, AS TRUSTEE UNDER
THE RAYMOND L. SCHAFFER REVOCABLE LIVING TRUST AGREEMENT
DATED: ruL Y 16,2003
Pursuant to the right reserved to me, as Settlor under Article One of the above Trust Agreement, I
amend THE RAYMOND L. SCHAFFER REVOCABLE LIVING TRUST AGREEMENT as
follows:
I amend the SPECIAL DIRECTIVES Section of the Trust Agreement to include therefore the
following:
SEVENTEENTH
I direct that wherever the name MIRIAM L. BROWN appears in this Trust Agreement, it shall be
read as MIRIAM M. BROWN.
DATED this /
~
.1w~A
all
WITNES1
r
(Printed
GIVEN UNDER MY HAND and seal of office on this the ~ day of
f\0C:0. uST , c2003.
~. ~~~I
Pu lie, Commonwealth of Pennsylvania
Notarial Seal
Cynthia L Thomas, Notary Public
Hampden Twp., Cumberland Cmmly
My Commission Expires Noy. 1 . 2004
Member, Pennsylvania Association of Notaries
GENERAL AMENDMENT TO REVOCABLE LIVING TRUST AGREEMENT
TO: RAYMOND L. SCHAFFER, AS TRUSTEE UNDER
THE RAYMOND L. SCHAFFER REVOCABLE LIVING TRUST AGREEMENT
DATED: JULY 16, 2003
Pursuant to the right reserved to me, as Settlor under Article One of the above Trust Agreement, I
amend THE RAYMOND L. SCHAFFER REVOCABLE LIVING TRUST AGREEMENT as
follows:
I amend the SPECIAL DIRECTIVES Section of the Trust Agreement to include therefore the
following:
EIGHTEENTH
I direct that the FIFTEENTH SPECIAL DIRECTIVE shall be deleted.
NINETEENTH
I direct that the SALVATION ARMY (Carlisle, Pennsylvania) shall receive the sum of
$4,000.00.
TWENTIETH
I direct that my sister, MIRIAM M. BROWN, shall receive the sum of$15,000.00.
day of
DATED this
\(
WITNESS
.X:
- WITNESS
(Printed Name of Witness)
(Printed Name of Witness)
GIVEN UNDER MY HAND and seal of office on this the
day of
Notary Public, Commonwealth of Pennsylvania
Page 1 of 1.
_ T J
~-~-- --rl -- ...- ._-~.~ 'HU~U ,~ VB HIL HI lllC rcuu~Y1vanla UIVISlOn or Vital Kecords In accordance
with Act 66, P.i.. 304, approved by the rQneral Assembly, June 29, 1953.
WARNING: It is illegal to duplicate this copy by photostat or photograph.
~ C~~ tfW>foL
No.
Frank Yeropoli
State Registtar
Calvin B. Johnson, M.D., M.P.H.
Secretary of Health
0984559
Nav 2 J 2006
Date
H'05143REv 0212006
TYPE. IPRlNT IN
PERMANENT
BLACK INK
COMMONWEALTH OF PENNSYLVANIA. DEPARTMENT OF HEALTH . VITAL RECORDS
CERTIFICATE OF DEATH
099065
J.i
~ ~
~
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ComjlIete '- 230< only....
physiCian is noIavaitablea(limeofde 10
certify cause d dealtl
"ems 24-2t) musl be compIeled by ~
who pl'0J\0'JfICeS. death
12 No
: Appro;cirnaleinterval:
: Orrset\oOealh
Pari II Enlef other 00nifca11 condililm conlribuliro 10 deaIh
but 001 resuIIing '" lheundEnylngcaJSe given in Part I
28. ~~ Use ConIOOuIe 10 Death?
ffy,. Op_
o No 0 "'k",,"'
29 If Female
o Not pregnant withlfl pasl year
o ?ego""" ""'. of '""'"
o No! pregnantl>rt ",egoam ,,''''''2 da"
oIdealh
o Not pregnant buI pregnant 43 days 10 1 ye..
oIdealh
o UnIlno'Nn if Pfegn<Wll within lhe pasl year
32, Place of Io,ury Home. Fann, Street. Factory,
Office 9uikting. elc (Specify)
[M~:'~.0~~M"
'2/ je4.
Sequenbally II5f c.ondibons, II any
~r:1:=:~~~E
iOiseClSe01' IfIjurythai irlitiatedIhe
eYenlSresuflingindeatt\)U,ST.
Due 10 (or as a c:onuquenee of)
Due 10 (Of as a con&I!QUf/'fICe of)
o yo; e<,
JOb W~~AuropsyF\Ildings 31. ManrOlDeath
~:~=~:~ 8 Natura O~cde
Dyes 0 No 0""""'" 0 Pending ''''''''''''''''
o S,cide 0 Cou~ No! be Oeternm<d
32d TirnedtnJUtY
32Q LocarlOfl ollnlW'Y (Street city 11oYm. state}
30a Was an Autopsy
Performed?
OPedeSlriilll
33a. Certifif'r ldleck only one)
CertifyHtg physkian jPtlYSJOOn certifying calISe of dealh when anoIt\ef ~an has pronounced death and compIered Item 23)
10 the belt of my knowl8d98, death oecut1ed due to the tlule{lllndrnannerlSltat89_ __ _ __ _ __ ____ _ __ _ ____ _ _ __ _ _ _ _ _ _ __
~:O:U:~I:~== ~::;:=t~~':,;n~~I~t:~"':~:~ menner h ltattd_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _.D
=: ~:"~":.~~= and, 01" inYHtigatlon. in my opinion, dHlfl (lCCurtMf. the time. date, Ind plKt, Ind due to the. causets) and 1fWrI\o8r.. atatpg, _ JJ
I
o
i
I). ,1
(See instructions and examples on reverse I
\l,
EXHIBIT C
ORDER OF COURT DATED AUGUST 3, 2007
Appointing Patricia A. Wenrich as Administrator d.b.n.c.t.a
and Successor Trustee of the Trust
IN RE: RAYMOND L. SCHAFFER,
DECEASED
IN THE COURT OF COMMON
PLEAS, CUMBERLAND COUNTY,
PENNSYLVANIA
NO. 21-06-0423
AND NOW this
ORDER OF COURT
~ day of August, 2007, following a hearing, IT IS
ORDERED:
(1) Patricia A. 'v'Venrich IS appointed successor trustee of the Raymond R.
Schaffer Revocable Living Trust.
(2) The Clerk of the Orphan's Court is authorized to grant Letters of
Administration d.b.n.c.t.a. to Patricia A. Wenrich.
Lowell R. Gates, Esquire
1013 Mumma Road, Suite 100
Lemoyne, PA 17043
:sal
':;
-=-= 0
-:~-:.~g -"'
-. --:- t ~
-~':~~
A TRUE COPY FROM RECORD
In Testimony wherof, I hereunto
set my hand and the seal
of said Court at Carlisle, PA
wct 0'1'
This.:.t..-.dayof 20kL
rj , Q nJ'\rN\ "\
; 7 'IU>>IV
<--) ':_)
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Clerk of the rphans Court
Cumberland County
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EXHIBIT D
DISTRIBUTION TO WENDA RITTER
(Issued Prior to Death of Grantor)
2590
-- - --~
-. -.-. . -- -. - .,-.-- - -- DATE 1rJ? -,,/=>- CJh- ---~--
~!,;r:~~rA~1f:%~ ~:.:~
- RAYMOND L SCHAFFER
']hI REDWOOD LANE
CARLISLE, PA 17013-7840
00-822412313
0041401431
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EXHIBIT E
Copies of (2) Letters from the Commonwealth of Pennsylvania
Office of the Attorney General
COMMONWEALTH OF PENNSYLVANIA
OFFICE OF ATTORNEY GENERAL
TOM CORBETT
ATTORNEY GENERAL
May 10, 2007
Charitable Trusts and
Organizations Section
14th Floor, Strawberry Square
Harrisburg, PA 17120
(717) 783-2853
(717) 787-1 190 (F::tx No)
j co I es((!)attorncygencral. gOY
Lowell R. Gates, Esquire
GATES, HALBRUNER & HATCH, P.c.
Law Offices
1013 Mumma Road, Suite 100
Lemoyne, PA 17043
RE: ESTATE OF RAYMOND L. SCHAFFER/No.: 21-06-0423
Dear Mr. Gates:
I am writing in response to your letter dated March 20, 2007, regarding the above estate.
I have reviewed the letter and the Agreement to Designate Successor Trustee and have no
objection to the appointment of Patricia A. Wenrich as the administratrix d.b.n.c.t.a. and
successor trustee, but do object to the list of residuary beneficiaries on Exhibit "C" to the
Agreement. The Amendment to Mr. Schaffer's Trust which purportedly deletes the 15th Special
Directive and directs that the Salvation Army shall receive the sum of $4,000.00 was not signed,
witnessed, dated or notarized, and thus does not appear to be valid. The prior Amendment which
provided a $10,000.00 bequest to the Salvation Army was signed, witnessed, dated and
llolariL:eu. Pkase not-:: our objectiun 10 the redw.:tioli lt1 the Q.:::qi.iest and amend schedule "C" of
the Agreement to provide a $10,000.00 bequest to the Salvation Army.
Please be advised that the above review was conducted pursuant to the parens patriae
role of the office and has no bearing on any matter unrelated to that function. Thank you for
your time and attention to this matter. Please contact us if you wish to discuss this matter
further.
V ery truly yours,
C','. CL-" - r({9-JJ~\
,.LL~~
, i
18C/155
COMMONWEALTH OF PENNSYLVANIA
OFFICE OF ATTORNEY GENERAL
TOM CORBETT
ATTORNEY GENERAL
July 31, 2007
Charitable Trusts and
Organizations Section
14th Floor, Strawberry Square
Harrisburg, PA ! 7120
(717) 783-2853
(717) 787-1190 (Fax No.)
lcoles'Q),attornevgeneral. gOV
Lowell R. Gates, Esquire
GA TES, HALBRUNER & HATCH, P.C.
Law Offices
1013 Mumma Road, Suite 100
Lemoyne, PA 17043
RE: ESTATE OF RAYMOND L. SCHAFFER/No.: 21-06-0423
Dear Mr. Gates:
As we discussed, please provide us with the Court's Order following the hearing on the
appointment of a Successor Executor and Successor Trustee in the above Estate. In addition, we
again note our objection to any distribution of the Trust which does not provide a $10,000.00
bequest to the Salvation Army, as the Amendment which purports to reduce that bequest to
$4,000.00 was not witnessed, dated or notarized, and thus does not appear to be valid. Please let
us know the Successor Trustee's position on this matter.
Please note, if a formal audit will be held with the Orphans' Court, thls office must
receive a copy of the Accounting and notice of the audit date 15 days prior to the audit in order
that a review can be conducted. Should the estate be settled on a receipt and release basis, please
be advised that we will still need to review the Accounting.
Thank you for your time and attention to this matter.
~/~/~Cw~
e Book Coles
uty Attorney General
JBCllss
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA.
ORPHANS' COURT DIVISION
NO. 21-06-0423
FIRST AND FINAL ACCOUNT
FOR THE TRUST ESTABLISHED UNDER DEED DATED JULY 16,2003
THE RAYMOND L. SCHAFFER REVOCABLE LIVING TRUST
Stated by PATRICIA A. WENRICH, SUCCESSOR TRUSTEE
Tax ID Number:
Date of Trust:
Date of First Receipt of Funds
Accounting for the period:
75-6832267
07/16/2003
03/05/2006
03/0512006
04/1512008
Purpose of Account: The Trustee offers this First and Final Account to
acquaint interested parties with the transactions that have occurred during the
trust administration.
It is important that the Account be carefully examined. Requests for
additional information, questions or objections can be discussed with:
Lowell R. Gates, Esq.
Valerie Long, Paralegal
Gates, Halbruner & Hatch, PC
1013 Mumma Road, Suite 100
Lemoyne, P A 17043
Tel: (717) 731-9600
Fax: (717) 731-9627
Supreme Court LD. No. 46779
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SUMMARY OF ACCOUNT
PRINCIP AL PAGES
Receipts 1 $80,412.94
Net Gain on Sales or Disposition 2 25.113.69
$105,526.63
Less Disbursements:
General Disbursements 3 8,732.21
Legal Fees (Partial) 3 3.000.00
11.732.21
Balance before Distributions 93,794.42
Statement of Distribution to
Beneficiary by Ademption 4 **
Principal Balance on hand $ 93.794.42
INCOME
Receipts
Less Disbursements
Distributions to Beneficiaries
5
404.50
0.00
0.00
404.50
Income Balance on hand
$ 404.50
Combined Principal & Income on hand
6
$ 94.198.92
Unpaid Administration Expenses
Interested Parties
Proposed Distribution
Verification
7
8
9-11
PRINCIPAL RECEIPTS
Bank Accounts:
Members 151 Federal Credit Union
Checking Account #40143-11
Members 151 Federal Credit Union
Savings Account #40143-00
Members 151 Federal Credit Union
Money Market Account #40143-05
Annuity:
National Western Life Insurance
Annuity Contract #0101059759
Miscellaneous:
Mobile Home situated on a rented lot located at
162 Redwood Lane, Carlisle, P A 17013 (Sold)
Refund of rent security deposit
Hoffman Roth Funeral Home -
Refund of overpayment of burial expenses
VA Burial Allowance
Miscellaneous cash
TOTAL PRINCIPAL RECEIPTS
1
5,118.16
31.78
12.308.99
4,234.00
70.00
2,254.00
1,005.00
3.00
$ 17,458.93
55,388.01
7.566.00
$80.412.94
PRINCIP AL GAIN ON DISPOSITION
ASSET
DOD
CASH VALUE
5-YR
ELECTION GAIN
National Western Annuity
Certificate #0101059759
$55,388.01
$80,501.70 $25,113.69
TOT AL PRINCIPAL GAINS
$25.113.69
Please note that, to maximize the payments of the specific bequests of $10,000.00 each to the
named beneficiaries of the Trust, the Successor Trustee elected the 5-year payout option
from the National Western Annuity Certificate #0101059759. If the Successor Trustee had
not made the 5-year payout option, the Trust would have received only $55,388.01, after
National Western Insurance Company applied a $20,062.67 surrender penalty.
2
DISBURSEMENTS OF PRINCIPAL
GENERAL DISBURSEMENTS:
Mobile Home Utilities:
PPL (Electric)
UGI (Gas)
Lawn & Yard Maintenance
03/07/06 - Country Manor - Mobile Home Lot Rent
03/28/06 - P A Income Taxes
03/29/06 - Country Manor - Mobile Home Lot Rent
03/29/06 - Reimbursement of out-of-pocket expenses
03/29/06 - Penny Davis - Tax Collector
03/29/06 - Bank Charges - Trust Checks
05/0 1/06 - Country Manor - Mobile Home Lot Rent
05/17/06 - Cumberland County Register of Wills:
Estimated Payment of P A Inheritance Taxes
06/03/06 - Country Manor - Mobile Home Lot Rent
07/08/06 - Reimbursement of out-of-pocket expenses
07/03/06 - Country Manor - Mobile Home Lot Rent
07/12/06 - S&L Construction - Mobile Home repairs/painting
07/19/06 - Penny Davis - Tax Collector
08/01/06 - Country Manor - Mobile Home Lot Rent
09/01/06 - Country Manor - Mobile Home Lot Rent
09/26/06 - Cumberland County Register of Wills - Probate Fee
01/31/08 - Bank Charges - Trustee Checks
03/17/08 - Cumberland County Register of Wills
- Balance of P A Inheritance Tax
03/17/08 - Filing Fee for P A Inheritance Tax Return
LEGAL FEES
03/14/08 - Gates, Halbruner & Hatch, P.c. - Partial Fee
TOTAL EXPENSES PAID
3
$ 165.97
362.41
130.00
341.00
120.00
341.00
100.00
23.22
12.95
341.00
3,000.00
341.00
150.00
341.00
600.00
49.31
351.00
351.00
72.00
11.00
1,498.35
30.00 8,732.21
3.000.00
$11.732.21
STATEMENT OF DISTRIBUTION OF PRINCIPAL
PRIOR TO THE DEATH OF GRANTOR
Trust Beneficiary, WENDA L. RITTER, received a partial
distribution from the Grantor on December 15,2005, to assist
her financially, and at her request. Payment of the $5,000.00 was
made within three months prior to the death of the Grantor.
Special Directive SIXTEENTH, contained in the Amendment to
the Trust dated August 20,2003, directed the payment of
a specific bequest in the amount of$10,000.00 to Wenda
L. Ritter upon the death of the Grantor.
The $5,000 ademption was taken into consideration in the
computation the Statement of Proposed Distribution and partially
satisfied the specific bequest.
The remaining distribution to Wenda L. Ritter is $5,000.00.
4
$ 5,000.00
INCOME RECEIPTS
Members 1 sl Federal Credit Union
Account #40143-05
- Dividend
Members I sl Federal Credit Union
Account # 281403-11& 05 - Dividends & Interest
(George A. Wenrich, Trustee)
George A. Wenrich died on 10/06/2006
Members 1 sl Federal Credit Union
Account #322142-11 & 05 - Dividends & Interest
(Patricia A. Wenrich, Successor Trustee)
TOT AL INCOME RECEIPTS
5
5.28
394.16
5.06
404.50
$ 404.50
RECONCILIATION
Principal Received
Gains on Principal
Disbursements of Principal
Balance of Principal On Hand
Income Received
Disbursements of Income
Balance of Income on Hand
$ 80,412.94
25.1 13.69 105,526.63
$ 404.50
-11.732.21
$93.794.42
404.50
0.00
$ 404.50
TOT AL TRUST ASSETS AVAILABLE FOR PAYMENT AND DISTRIBUTION
Available Immediately For Payment & Distribution
Members 1 st Bank Trust Account Balance
(Includes $34,312.20 received from National
Western Annuity on 04/08/08)
Available In The Future For Payment & Distribution
Balance of 5- Y ear Annuity payments from
05/05/08 through 03/05/2011
35 payments @ $1,319.70/mo.
6
$48,009.42
$46.189.50 $94.198.92
STATEMENT OF UNPAID ADMINISTRATION EXPENSES
EXECUTOR/TRUSTEE COMMISSION
Patricia A. Wenrich, Successor Executor
$5,000.00
LEGAL FEES & DISBURSEMENTS:
Gates, Halbruner & Hatch, P.C.
Unpaid Legal Fees and Disbursements
Court Costs of First & Final Account
16,555.00
300.00 $21,855.00
7
CURRENT PROPOSED DISTRIBUTION
Please note that, to maximize the payment of the specific bequests of $1 0,000.00 each to the
named beneficiaries of the Trust, the Successor Trustee elected the 5-year payout option of the
National Western Annuity Certificate #0101059759. Accordingly, the distributions of the
specific bequests to the beneficiaries have been calculated in three (3) payments commencing
on the date of the issuance of an Order by the Cumberland County Orphans' Court indicating
approval of the First and Final Account, and annually thereafter. Monthly Annuity payments
in the amount of$1,319. 70 will continue to accrue through March 5, 2011.
Assets currently available for distribution, including
annuity payments since the date of death in the
amount of $34,312.20
$ 48,009.42
Assets currently available to be distributed as follows:
Patricia A. Wenrich,
Successor Trustee and Administratrix d.b.n. c.t.a
Commission
5,000.00
Gates, Ha1bruner & Hatch, P.C.
Unpaid Legal Fees
Costs of Accounting: Filing Fees, Certified Mailings
16,555.00
300.00 -$21.855.00
Balance
$ 26,154.42
1 st Proposed Distribution (2008)
St. Stephen's Lutheran Church
Trinity United Methodist Church
The Salvation Army
George Wenrich Estate
Mary Dorman
Ramona Chenoweth
Wenda L. Ritter
Miriam M. Brown
$ 3,250.00
3,250.00
3,250.00
3,250.00
3,250.00
3,250.00
1,625.00
0.001
-$ 21.125.00
Reserve Balance CIF to 12/31/2009
$5,029.42
ISee Item 13(c) of the Attachment to Petition (Page 4(a) of 10)
9
DECEMBER 31. 2009 PROPOSED DISTRIBUTION
Reserve Balance B/F to 12/31/2009
5,029.42
National Western Annuity Monthly Payments
pending from 05//05/08 through 12/31/2009
(20 payments @ $1,319.70)
26.394.00
Assets Available for Distribution as of 12/31/2009
as follows:
$ 31,423.42
2nd Proposed Distribution on 12/21/2009
S1. Stephen's Lutheran Church
Trinity United Methodist Church
The Salvation Army
George Wenrich Estate
Mary Dorman
Ramona Chenoweth
Wenda L. Ritter
Miriam M. Brown
$ 4,000.00
4,000.00
4,000.00
4,000.00
4,000.00
4,000.00
2,000.00
0.001 26.000.00
Reserve Balance CIF to 03/05/2011
$ 5,423.42
Summary of Proposed Distributions throu2h 12/31/2009
S1. Stephen's Lutheran Church
Trinity United Methodist Church
The Salvation Army
George Wenrich Estate
Mary Dorman
Ramona Chenoweth
Wenda L. Ritter
Miriam M. Brown
$ 7,250.00
7,250.00
7,250.00
7,250.00
7,250.00
7,250.00
3,625.00
0.001
ISee Item 13(c) of the Attachment to Petition (Page 4(a) of 10)
10
MARCH 31. 2011 PROPOSED DISTRIBUTION
Reserve Balance B/F to 03/0512011
National Western Annuity Monthly Payments
pending from 05/05108 through 12/31/2009
(15 payments @ $1,319.70)
Assets Available for Distribution as of 03/05/2011
as follows:
3rd and Final Proposed Distribution upon termination
St. Stephen's Lutheran Church
Trinity United Methodist Church
The Salvation Army
George Wenrich Estate
Mary Dorman
Ramona Chenoweth
Wenda L. Ritter
Miriam M. Brown
$ 2,750.00
2,750.00
2,750.00
2,750.00
2,750.00
2,750.00
1,375.00
0.001
Balance remaining after final distribution of
Specific Bequests to Beneficiaries (Trust Remainder)
Summary of Specific Distributions throu~ 03/05/2011
St. Stephen's Lutheran Church
Trinity United Methodist Church
The Salvation Army
George Wenrich Estate
Mary Dorman
Ramona Chenoweth
Wenda L. Ritter
Miriam M. Brown
Total
$ 10,000.00
10,000.00
10,000.00
10,000.00
10,000.00
10,000.00
5,000.00
0.001
George Wenrich Estate - Trust Remainder
(Pursuant to Article III S 3.03 Paragraph 1
of the Trust, as Amended 08120/3003)
$ 5,423.42
19.795.50
$ 25,218.92
17.875.00
$ 7,343.92
$ 65.000.00
$ 7.343.92*
*Subject to the payment of the final expenses of the Trust including Fiduciary Taxes and Administration
expenses.
ISee Item 13(c) of the Attachment to Petition (Page 4(a) of 10)
11
VERIFICATION
PATRICIA A. WENRICH, Successor Trustee of the Raymond L. Schaffer Revocable
Living Trust, and Administratrix d.b.n.c.t.a of the Estate of Raymond L. Schaffer, hereby
declares under oath that said Administratrix d.b.n.c.t.a. and Trustee has fully and faithfully
discharged the duties of her offices; that the foregoing First and Final Account is true and correct
and fully discloses all significant transactions occurring during the accounting period; that all
known claims against the Trust have been (or will be) paid in full; that, to her knowledge, there
are no claims now outstanding against the Trust; and that all taxes presently due from the Trust
have been paid.
This statement is made subject to the penalties of 18 Pa. C.S.A. Section 4904 relating to
unsworn falsification to authorities.
jJ J~ (j I~~
Patricia A. Wenrich, Administratrix d.b.n.c.t.a and
Successor Trustee
----
Dated: May 1.5 , 2008
IN THE MATTER OF:
THE RAYMOND L. SCHAFFER
REVOCABLE LIVING TRUST
UIA DATED July 16, 2003
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY
ORPHANS' COURT DIVISION
NO: 21-06-0423
CERTIFICATION OF NOTICE
OF
STATEMENT OF DISTRIBUTION
To Clerk, Cumberland County Orphans' Court Division:
I hereby certify that written notice of the filing of this Statement of Distribution, and of
the date, time and place when the same will be presented to the Court for confirmation and of the
last day to file written objections to said Statement of Distribution, has been given to every
unpaid claimant and to every other person known to the accountant to have or claim an interest in
the estate as creditor, beneficiary, heir or next of kin.
A copy of said Statement was included with the notice.
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IN THE MATTER OF:
THE RAYMOND L. SCHAFFER
REVOCABLE LIVING TRUST
UIA DATED July 16, 2003
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY
ORPHANS' COURT DIVISION
NO: 21-06-0423
CERTIFICATION OF NOTICE
OF
FIRST AND FINAL ACCOUNT
To The Clerk, Cumberland County Orphans' Court Division:
In accordance with c.C.O.C.R. 6.3-1, I hereby certify that I gave written notice of the
time of presentation of the First and Final Account and Petition for Approval filed by Patricia A.
Wenrich, Successor Trustee of the Raymond L. Schaffer Revocable Family Trust VIA Dated
July 16, 2003, together with a copy of said Petition and Account and Statement of Proposed
Distribution at least twenty days prior to June 17,2008, which is the date fixed for confirmation
of said Account by certified mail to every person known to Patricia A. Wenrich, Successor
Trustee, to have an interest in the Trust as beneficiary, creditor, heir or next of kin. The name
and address of each such person is set forth on Exhibit "A" which is attached hereto and
incorporated herein by reference.
DATED: May 15',2008
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Estate of George Wenrich (Died 10/6/2006)
c/o Patricia A. Wenrich, Surviving Spouse
4 Laurel Drive
Mechanicsburg, P A 17055
Mary Dorman
110 Flannigan Avenue
Williamsport, PAl 7701
Ramona Chenoweth
237 Birch Lane
Carlisle, PAl 7013
Wenda L. Ritter
265 Redwood Lane
Carlisle, P A 17013
Miriam M. Brown (Sister)
414 N. Ott Street
Allentown, P A 18104
St. Stephen's Lutheran Church
30 W. Main Street
New Kingstown, P A 17072
Trinity United Methodist Church
Attn: Reverend Joseph L. Kugle
P.O. Box 26
New Kingstown, P A 17072-0026
The Salvation Army
125 South Hanover Street
Carlisle, P A 17013
Commonwealth of Pennsylvania
Office of the Attorney General
Attn: Joanne Book Coles, Esquire
Charitable Trust & Organizations Section
14th Floor, Strawberry Square
Harrisburg, PA 17120
EXHIBIT A
2