Loading...
HomeMy WebLinkAbout02-00090 ? ¢ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION. IN RE: ) ) RAY B? REICHERT TRUST FOR ) THE BENEFIT OF ETHEL REICHERT ) ' o.Z OECm~E _ day of~~_~,20~, '- upon consideration of the Petition to Resign as Trustee filed by Manufacturers and Traders Trust Company, previously known as Pennsylvania National Bank and Trust Company in the above matter, it is hereby ORDERED and DECREED as follows: 1. The filing of any accounting with regard to the above referenced Trust is hereby waived. 2. The resignation of Manufacturers and Traders Trust Company, previously known as Pennsylvania National Bank as Trustee is accepted. 3. Community Trust Company is hereby appointed as successor Trustee. CERTIFIED FROM THE RECORD CLERK OF THE ORPHANS' COURT DIVISION Jo 90" ~O-'P IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION IN RE: ) ) RAY B. REICHERT TRUST FOR ) THE BENEFIT OF ETHEL REICHERT ) NO. PETITION AND STIPULATION OF PARTIES TO RESIGN AS TRUSTEE AND FOR APPOINTMENT OF SUCCESSOR TRUSTEE IN ACCORDANCE WITH 20 PA. CONS. STAT. SECTION 7121 AND 20 PA. CONS. STAT. SECTION 7101 TO THE HONORABLE, THE JUDGES OF SAID COURT: AND NOW COMES Manufacturers and Traders Trust Company, previously known as Pennsylvania National Bank and Trust Company and Community Trust Company by Steven J. Schiffman, Esquire and the law firm of Serratelli, Schiffman, Brown & Calhoon, who files this joint Petition and aver as follows: 1. Ray B. Reichert, a resident of Cumberland County, Pennsylvania, established the Ray B. Reichert Trust ("Trust") for the benefit of Ethel Reichert, his wife, by Agreement dated December 28, 1995 ("Trust Agreement"). A copy of the Trust Agreement is attached hereto and made a part hereof as Exhibit "A". 2. At the time the Trust was established, Manufacturers and Traders Trust Company, previously known as PennsYlvania National Bank and Trust Company, was named as a Trustee of the Trust under the Trust Agreement. ' 3. Ethel A. Reichert was to become an additional trustee of the trust by delivering to the corporate trustee her written acceptance of office. If she was unable or unwilling to act as Co- Trustee, then Elaine R. Swanson was appointed to act as additional Co-Trustee upon delivery of her acceptance. Neither Mrs. Reichert nor Mrs. Swanson delivered to the bank an acceptance to be Co-Trustee on the account. Consequently, Manufacturers and Traders Trust Company has been acting as sole Trustee. 4. On December 28, 1995, decedent Ray B. Reichert, executed his Last Will and Testament, a copy of which is attached hereto and made a part hereof as Exhibit "B" ("Will"). The decedent died on ~September 20, 1997 in Cumberland County, PennSylvania. 5. The home office of Manufacturers and Traders Trust COmpany is located at 1415 Ritner Highway, Post Office Box 220, carlisle, Pennsylvania 17013. This Court has jurisdiction over this matter pursuant to 20 Pa.C.S. Section 724(b)(1) of the Probate, Estates, and Fiduciaries Code ("PEF Code'), since Petitioner is the Trustee of an inter vivos trust established by the decedent. 6. Ethel A. Reichert, by her Power of Attorney, Elaine M. Swanson has indicated her desire' to have Manufacturers and Traders Trust Company resign as Trustee and have Community Trust Company appointed as corporate Trustee. Her correspondence is attached hereto and made a part hereof as Exhibit "C". The Power of Attorney appointing Elaine M. Swanson is attached hereto and made a part hereof as Exhibit "D". 7. Manufacturers and Traders Trust Company has indicated its desire to resign as the Trustee of the Trust as a result of the request of Ethel A. Reichert, by her Power of Attorney, Elaine M. Swanson. A copy of Manufacturers and Traders Trust Company's resignation as Trustee conditioned upon the approval of this HonOrable Court and the appointment of a successor Corporate Trustee for the Trust is attached hereto and made a part hereof as Exhibit 8. The Trust Agreement is absent any language disallowing the resignation of Manufacturers and Traders Trust Company or the appointment of a successor Trustee. 9. Community Trust Company of 3907 Market Street, Camp Hill, Pennsylvania 17011, a corporate Trustee authorized to engage in trust business in the United States, has agreed to serve as successor Corporate Trustee of the Trust. A copy of community Trust Company's consent to serve as successor Corporate Trustee is attached hereto and made a part hereof as Exhibit ,,F,,. 10. 1i. The Trust was funded during the term of the Trust. Ethel Reichert, by her Power °fAttomey, Elaine R. Swanson has agreed to waive any requirement to file an accounting. 12. The names and addresses of all of the parties in interest are as follows: Name and Address Relationship to Decedent/Interest Ethel Reichert c/o Elaine R. Swanson 2910 Saybula Drive Ashtabula, OH 44004 SPouse/Primary Beneficiary Elaine R. Swanson 2910 Saybula Drive Ashtabula, OH 44004 Daughter/Beneficiary upon death of Ethel Reichert Laura Chmielewski Miller 1587 Elmwood Drive Ashtabula, OH 44004 Granddaughter/Beneficiary upon death of Elaine Swanson Please note that Ray Chmielewski was named as a beneficiary upon the death of Elaine Swanson; however he is deceased. Consents and joinders of the parties in interest executed by Ethel Reichert, by her Power of Attorney, Elaine R. Swanson; by Elaine R. Swanson on her own behalf; and Laura Chmielewski Miller are attached hereto as Exhibits "G", "H", and 'T', respectively. WHEREFORE, the parties request this Honorable Court to enter a Final Decree in the form attached authorizing Pennsylvania National Bank, now known as Manufacturers and Traders Trust Company to resign as Trustee, and appointing Community Trust Company as successor COrpOrate Trustee. DATE RespectfUlly submitted, ~~_ tevn lffln E ,BROWN & CALHOON, P.C. 2080 Linglestown Road, Suite 201 Harrisburg, PA 17110 (717) 540-9170 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION IN RE: ) ) RAY B. REICHERT TRUST FOR ) THE BENEFIT OF ETHEL REICHERT ) NO. : CERTIFICATE OF SERVICE I, Steven J. Schiffinan, do hereby certify that a tree and correct copy of the attached Petition was, on this date, deposited in the U.S. Mail, first class postage prepaid, addressed as follows: Ethel Reichert c/o Elaine R. Swanson 2910 Saybula Drive Ashtabula, OH 44004 Elaine R. Swanson 2910 Saybula Drive Ashtabula, OH 44004 Laura Chmielewski Miller 1587 Elmwood Drive ' Ashtabula, OH 44004 Dated: Kimberly Arthur-Tressler Senior Vice-President and Trust Manager Community Trust Company 3907 Market Street Camp Hill, PA 17011 Maria A. Tompkins 'Trust Officer Manufacturers and Traders Trust Company 1415 Ritmer Highway' P.O. Box 220 sS ti~venR~J.TS;L~~,~' BROWN & CALHOON, P.C. 2080 Linglestown Rd., Suite 201 Harrisburg, PA 17110 (717) 540-9170 AGREEMENT OF TRUST OF RAY B. REICHERT · ./', RAY'B~ REICHERT, of Cumberland County, PennSylvania, being about to place the'money:listed in'the annexed schedUle with PENNSYLVANIA NATIONAL BANK AND TRUST-COMPANY as trustee, direct that upon my death my trustee shall collect ar~'hold the funds and any other property added to this trust IN TRUST as follOws:· I. ' J~Jl31~..T~13L~: if property is added to this trust during my. lifetime, it shall be kept invested and managed as a separate trust. As much of the net income and the principal as I may from time to time request in writing, or as my trustee may from time'to time think desirable for me or any of my dependents' welfare, comfort or..iUpp°i~' either shall be paid to me or shall be applied directly for those purposeS. Any net income not so paid or applied shall from time to time be added to the principal. 'All-funds held at my death shall be'distributed in accordanoe, with the · provisions which follow~ II. Madtal'Deduoflon Trust: If mY wife, ETHEL A. REICHERT, survives me, my trustee -sh~'ll fund this trust with the smallest amount of the pr!ncipal needed to reduce the federal estate tax falling due because of my death to the lowest possible figure. In calculating that amount, so that the largest possible balance of the principal can pass free of federal estate tax.to my residuary trust, (i) all other prOPertY',Which,_ qualifies for the marital deduction, and (ii) all other deductions and credits s.h.all be used first to the greatest, extent that they can 'reduce the tax. .:~ ~; .-. ~ ~;. ~. However~:~'credlts shall be used only to the extent that their use will not increase the death.taxes on my estate. My trustee shall invest and manage the property as a separate trust in a manner that will not disqualify the marital deduction. trustee is to make distributions. as follows: The DUring my wife's lifetime: ' ';. 1. The entire net income s~hsll be paid to her at least quarterly; · '1 2. As much of the principal as my trustee may from time to time think desirable for her welfare, comfort or ,support shall be paid to her; and She shall have the unrestricted .right to withdraw any part or all · ' of the Principal at any time, On my wife's death, any then-remaining principal shall be paid to Such one or. more persons or organizations - 'including her estate - on such ' terms as she may appoint 'by a will specifically referring to this,power of appointment. C. 'If my wife does not exhaust her Power of appointment under the ' preceding paragraph, on her death: Any increase in death taxes or administration expenses in her estate caused, by the inclusion of this trust in 'it for l~ax purposes shall be paid out of the unapl3Ointed principal, and a written -'-'~: statement by her executor or administrator of the amounts pay- -'- able may be accepted as being correct; and The balance of the unappointed principal shall be added to and ' thereafter treated as a part of the principal (~f'the residuary- trust. IIi~: i~e~i¢l~v Trust: After my death my trustee shall invest and manage all :the pr0perty.t~ot allocated to the marital deduction trust as a separate trust, and-make distributions as follows: .A. -If my wife, ETHEL A. REiCHE~T, survives me, dUring her lifetime: 1. The net income shall be paid to her in quarterly or other- convenient installmentS; As much of the principal as my trustee may from time to time think desirable - taking into account funds available from other sources - for the health, support, maintenance or education of my wife or any of my children or grandchildren either shall be paid t° that person or shall be applied directly for those purposes. However, none of the principal of this trust shall be paid to or applied for the benefit of my wife unless the principal of the marital deduction trust has been exhausted; and After the marital deduction trust is exhausted (or after my death if no marital deductiOn trust will be established), my wife shall have the right in each calendar year to withdraw :from..the- principal up to $5,000 st any time and, in addition, if she is living on December 31 of that year, to withdraw up to five percent of the fair market value of the principal-determined on- December 31 of that year (the amount subject to withdrawal as of December 31 to be reduced by any prior withdrawals during that year, and any rights of withdrawal for a particular ~/ear to lapse if not exercised during that year). Upon my wife's death if she survives me, the then- remaining principal shall be paid to such one or more of rn~ descendants on sUch terms .as my wife may appoint by a will speCifically referring to this power of appointment: or, in default of appointment or insofar as it is not effective, .the remaining principal and income of the trust shall be divided into two Shares, one for my daughter, ELAINE R. SWANSON which shall be immediately paid to my daughter. The other share shall be held by my trustee.in trust for my daughter ELAINE R. SWANSON end distributed during her lifetime: 1. The net income shall be paid to her in quar.terlY or other convenient installments; As much of the Principal as'my.trustee may from time to time:think desirable - taking into account funds available from:other sources.- for the health, support, maintenance or. education of my daughter or any of my grandchildren either shall be paid to that person or shall be applied directly for those purposes; and My daughter shall have the right in each calendar year to withdraw from the principal up to $5,000 at any time and, in addition, if she is living on December 31 of that year, to Withdrew up to five percent of the fair market value of the Principal determined on December 31 of that .year (the amount subject to withdrawal as of December 31 to be reduced by any prior withdrawals during that year, and any rights of withdraWal for a particular year to lapse if not exercised during that year. Upon my daughter's death, the then- remaining principal shall be paid to such one or more of my daughter's descendants'on such terms as my daughter may appoint by a will specifically referring to this power of appointment; or, in default of appointment or insofar as it is not effective, the remaining principal and income of the trust shall be divided into two shares, one for my. grandson RAY CHMIELEWSKI and the other for my granddaughter LAURA CHMIELEWSK!'. The two shares for RAY CHMIELEWSKI and LAURA' CHMIELEWSKI shall be held and my trustee shall manage each such share aa s separate trust, and make distributions as follows: a. During each grandchild's lifetime: 1. The net income from his or her trust shall be paid 1:o him or her in quarterly or other Convenient installments; -2. As ~uch of the principal of his or her trust as my trustee may from time to time think desirable - taking into account funds available from other sources - for the health, support, maintenanCe or education of that grandchild or any of his or her descendants either shall be paid to that person or shall be applied, directly for these purposes; and 3. Each grandchild'shall have the right to withdraTM up to one-third of the principal of his or her trust.~at any time after reaching 30 years of age, up to one-half of the remaining balance upon reaching 35 years of age and the entire balance thereof at any time after reaching 40 years of age (the maximum - amount subject to withdrawal before a child reaches 40 years of age to be baaed on the. market value of the principal of that. child's trust at the time of his or her first request- after reaching each particular age).r At each grandchild's death (or at the time for the setting apart of shares in the case of a child who dies before that time), any then-remaining principal of his or her trust Shall be paid: 1. To such one or more persons or organizations - excepting only his or her estate, his or her creditors, and the creditors of his or her estate - on such terms as he.or she may appoint by a will specifically referring to this power of appointment; or, in default of appointment or insofar as it is not effective, 2. To his or her then-living descendants, per stirpes; or, in default of such o descendants, To my then-living descendants:, stirpes (any pOrtion thus accruing to a grandchild for Whom principal is :. .1 then held in trust hereunder to be added to and thereafter treated as a part of such principal); or, in default of such descendants, in default thereof To the persons who would be entitled to inherit from me under the. Pennsylvania in- testate laws as if we had then died intestate. For the purposes of equitable division, 'the total amounts of principal under this 'deed' Which have been paid to or applied for the benefit of a grandchild shall be added to.the principal balance to be divided under paragraph 4 above, and the amoUnt'so:paid to'or applied for the benefit of a particular grandchild shall be charged against his or her share. TAX PROVISION~ IVY' Fundln¢~ the Marital Deduction TruSt: Only property eligible for the marital .dedUction"Shall be used to fund 'that trust. Property distributed in kind in 8 satisfaction of the marital deduction shall be distributed at the lower of (i) its value at~tl~e time-of distribution and (ii) its adjusted federal income tax basis~ S~bj'ect:~. . tg;the foregoing and without regard to the effect upon~.~.h;'e size of.-the ;reaidUar9 trust, my trustee shall have absolute discretion.i~, selecting the property- to,~be allocated to the marital deduction trust. . .... , , V: ~3dY. A[Ab~: My spouse shall be deemed to have sUrvived me'if the order of °ur.death"is not clear. All federal, state and other death taxes payable because ~f my death on.any property then held under this deed of trust, or on any insurance proceeds or other death benefits payable ciirecfiY'to my.~trustee shall be paid out of the principal of the residuary trust. None .of ·those taxes shall be charged against the..msrita[ deduction trust or any beneficiary, and no property which, would be otherwise ~xempt from federal' or state death taxes shall be used to pay any death .taxes under this. article. Viii GENERATION-SKIPPING T31~X: The primary purpose of this article is to use my Federal Generation Skipping ("GST") tax exemption (now $1 million), more. -, effectively*if my property ultimately could be subject.to that tax. I direct that: A.' Division of Trusts: Any trust or ·addition which otherwise woUld be partially exempt from federal generation- 9 skipping tax shall be divided fractionally to form separate trusts so that my federal generation skipping tax exemption may be allocated* exactly to one or more. trusts. The trusts which have been divided shall have the same terms unless otherwise speCified in this article but may be administered differently. Any trust or addition may be held as a separate trust if it is not possible to separate it into exempt and non-exempt trusts. Power of Ar)nointment. tO Reduce TaX: The limited powers of appointment which are exercisable by a will hereunder. shell be expanded as follows if certain taxes can be reduced: 1, A child who has a power of appointment exercisable by his or her* will may, by a will specifically referring to the power of appointment, appoint the trust to his or her estate to. the extent the aggregate of the federal estate tax and GST tax due as a result of the child's death can be reduced. Any increase in death taxes in the beneficiarY's estate caused, by the inclusion of the trust in it for tax purposes shall be Paid out of the unappointed Principal of the trust, 'and a written statement by N l0 his or her personal representative as being correct. may be accepted Viii, ~a3r~)~J~3~: My trustee may use administrative or' other' expenses of'the trUSts hs'rsunder as income tax deductions or may direct my executor to use them as' ~state ~:ax ~deductions, and may pre-pay death taxes on future interest. These de..cisions:.:~ay be.made without regard to any effect'uPOn 'the size of the marital d~duction trust, and without requiring adjustments between principal and income. IX.. iDlecla~mar:.; .I remind.m'y spouse (and my' spouse's executor, administrator,. gUardian'or agent acting under e power of attorney) that my spouse may disclaim any~part o'r all 'of anY power, or interest un'let this deed of trust. In' particular, it may. be desirable for my'spouse to disclaim a portion of the marital deduction trust. A~disolaimed.portion of the marital deduction trust shall pass to tho residuary trust and~'.be h?ld as if my spouse were living. However, no disclaimed marital deduction t~St' pr0P~rty passing'to the residuary trust shall be subject to or considered in* {~aicUlation of my spOuse's powers over any princlpal. For accounting, tax or other roast)ns, the' residuary trUst may be divided into two trusts so that the disclaimed portion is.held separately. ' X. ~'.:Benefreiaries Under 21 or Disabled:' If any beneficiary ADMINISTRATIVE PROVISIONS becOmes entitled to'an outright diStribution of income or principal and is (i) under 21 or (ii) in my trustee's opinion,.. 'diSabled by illness or other *cause and unable to properly manage the funds: Aa much of such income or principal as my trustee may from time to time think desirable for that beneficiary either shall be paid to him or her or Shall be applied for his or her benefit; end · The balance of such income and principal -- and the net income from thOse funds--"shall be kept invested and managed as a separate trust for that beneficiary, with the trust funds paid to or for the beneficiary in accordance with the provisi~3ns of the preceding paragraph. When the beneficiary reaches the age of 21 or, in my trustee's opinion, becomes free of disability, as the case may be, the balance shall be 'paid to the beneficiary. If he or she dies before that time, the balance 'shall be paid to' his Or her executors or administrators. Any. fun .,d~ i, to be.apPlied under this article either shall be applied directly by.my trUistiC °)?~hall be pa!d to aParen! or guardian of the beneficiary or t° any persOn or'organization taking .care of 'the beneficiary. All funds attributable to my spouse, whether held or to be held under this article, shall be subject to the unrestricted right of withdraWal bY the beneficiary or the beneficiary's legal representative' at all 12 times in the possession reSponSibility for any funds so paid or applied. of my trustee. My trustee shall have no further .-Xl~Eerlv.:Endin. of'Trusts: If my trustee, in his sole discretion, determines that it is desirable t° do so, my trustee may end anY trust under thisdeed. This may be done .by paying the then-remaining Principal and income of 'that trust to the person th~n eligible to receive the income. If any person is a minor or is, in my trustee's .oPinion,. disabled by illness or other cause and unable to properly manage the .... : .~' ~,;,;,, . .funds, my.trUstee may pay the fUnds to his or her parent or guardian or to any p~son o~ °rganization taking'care of the person. 'trustee also may deposit the funds in an. interest In the case of a minor, my.. bearing account in the minor's name.payable'to the minor at. majority, or'appoint and pay the funds to a custodian for.the minor Under'the Uniform Gifts'to Minors Act of any state. All' funds ; ~' . .: 'attributable to my spouse shall be Paid only to .my spouse or my spouse's legal reP~eS-eni~tive. My trustee shall have no further responsibility for fUnds so paid or deposited~ . . .... X!I. Richts In Income: If a trUst is funded from a larger share, it shall be entitled to a pr°p°rtionate amount of the income.from the time the trust is 'to begin until the actual funding. During that period income and principal may be distributed directly the bene'ficiary~s subject to the terms of the trust. All inCome undistributed at a tO beneflc,ary's death shall be treated as if it had accrued after his or her death. XlII.. p~'ot~va I~ro~isi°n: No interest in income or principal shall be assignable by, °r.lavailable to anyone having· a the beneficiary. ' claim 'against, a beneficiary before actual payment · xly:,.Mana_~ement ProViaiorls: I authorize my trustee: !!'~::. Toi.,retain and to invest in all forms of real and personal prOPerty, including '. ' ~ common trust funds operated by. my corporate trustee regardless of any ~. '~, limitations, imposed by law on inVestments'by trustees~ .or any principle of 'law: Concerning investment diVersification; · B. To compromlae claims and to abandon any property Which, in my trustees' op~mon, is of.little dr no value; ~'C21 "To bOrrOw from anyone, even if the lender is a .trustee hereunder, and to ~,~:~i'.:: .p[~,ge.proPerty as security for repay;merit of the funds borrowed; '..;: i~.~:~ ,::%?!: · D~ To sell at public'or private sale, to exchange or to lease for any period of time, any real or personal property, and to give options for sales or leases; E. ~To make loans'to, and'to buy property from my or my spouse's executors, administrators, or trustees, or.the trustee of any generation-SkipPing trust of . wi~i~ I am a deemed transferror; i..ToL?in'in any merger, reorganization, voting-trust plan or other concerted action of security holders; and to. delegate discretiOnary duties' with respect thereto; G. -To allocate any property received or charge, incUrred to principal or income or partlY' to each, Without regard to any law defining principal and income; PrOVided that this authority shall not extend to the marital deduction trust; To distribute in kind.and t°allocate specific assets among the beneficiaries (including'an¥..truSt hereunder)in suCh proportions as my truste.e may think best, so long as the total :market value of any beneficiary's .share is not affected by such allocation; provided that nothing in this paragraph shall affect the provisions set forth above regarding the funding of the marital deduction. Tl~e~e aUthOrities shall extend to all Property at any time hei'd ' by my trustee and .Shall continue in full force until the' actual distribution of all such property; except aa specifically statedl Ali.powers', authorities, and discretion granted by this deed shall.' be 'iff: addition to those granted by law and shall be exercisable without leave -:~..~'.:' :..???~. .. XV~.~: .I, Rqy spouse and, with my trustee's approval, anyone else may · add,to tlqePrincipal of any of the trusts. .XVl:'~ In~rance Policle.:' MY trustee shall·have no duty to pay premiums, on the. inau~'mlce~olicies'payable to my trustee, and the companies issuing the policies shall, i~aVe/no responsibility for the application of the proceeds or the fulfillment, of the trustS'. XVll. Ri_abra Reserved= I reserve the following rights, each' of which may be exercised'whenever and as Often as I maY wish: ' '::-'~' ' '? All rights vested in me as the owner-of'the insUranCe POlicies payable to my trustee; · The right by an instrument in writing - other than: a will - to revoke or amend part or all of this deed. XVlll. payments to Aid In Settlement of Estate: My trustee shall have the power~ but not the duty, to make such payments from the prinoipal of the residuary trust' as my trUstee may think desirable to facilitate the settlement of my estate. In the exet'cise l~f.'this 'power.my trustee may paY, in whole o~ in part, directly or to my exeCutor?i~ny'or ell of (i)my'debts ' (including debts for which my spouse is also liSl~le),. (ii).the expenses of my funeral and burial, and (iii) death taxes (except ~ generstion~skipping transfer taxes) and administration expenses in connection with my estate, :even· though they do not relate to property' becoming subject to this deedl H~wever, no property which would be otherwise exempt from federal eState: or; j~tate.death taxes shall be used to make' any Payments under this" article.. Nether m~.executors or administrators nor any beneficiary of m~ estato shall be r~qu.ir~d ~ r~im~ur~ m~.'tru~t~ for ~n~ Such ~xp,nditur~. ~ Xlx. 'All.questi?ns as to the validity; effect, Situs and Governln_~ Law: The situs of this deed shall .be in Pennsylvania. or interpretation of this deed or the edminist~&tion of the trusts shall be governed by the law of Pennsylvania. XX. Provisions Re._aardin_a Mv Trustee:· After my death, my .wife,. ETHEL A. REICHERTi shall~become an additional trustee of the trusts hereunder by delivering tei!~ih~ c°~°rate trustee her written acceptance of office. If my wife 'is unable or :' . un:~Jliin:i~'~ aCt'as cO-trUstee then I appOint ELAINE R. SWANSON as additional co~truste~ by delivering a like acceptance. I'dirset that: 'A. 'N° trustee who is a beneficiary of one'°f the trusts shall ever participate in (i) the exercise of, or decision not to exercise, any discretion to pay income or principal to, or to aPply income or principal for the benefit of, any beneficiary (including discretion to allocate. . funds among a group of beneficiaries end disCretion to accumulate income), or to divide any trust, (ii) the determination whether a benefiCia~ is disabled, (iii} the decision to torminate anY trUst, (iv) the' exercise of'discretion to allocate receipts or expenses between principal and income, (v) decisions to exercise tax .options, ~. ~'~ .~ (vi) a decisiOn to make payments to aid in the settlement of my estate '~'~ '~' 'or (vii) the selection of.the property to be allocated to the marital deduction trust;.. B. Except as just stated,.the words "my trustee" shall refer in their and · .' applications to each trust to ali' those acting as :trustees 'C;, Any indiVidual trUstee may reaigri.at any time,'Without court approval; : .... . - . _ :,". : :.~'. : .... - D~ ' :' My corporate trustee shall receive compensatiOn in accordance with i..!~:.'..-~ .... - :...._... its standard schedule of fees in effect while .its services are '"" performed; 3.8 COMMONWEALTH OF PENNSYLVANIA : -'.:- . · SS, COUNTY ~OF r: On ' ~_~,..p~ · , 1995,.before me, the undersigned notary public, personally appeared I~l~Y B. REICHERT. and in dUe/f0'rm of law acknowledged the foregOingi.~atrument to be his act and deed and desired the same to be recorded as;spoh.' ' .. ~. Witness my hand and notarial seal the day and year .. OUKlUert~tl118 TwP,;:Uaupnin uoupl~ ! / I~..--... ~..l~i-- - · Th~f0t~g d~ of trust was delivered, and is hereby . pen~tlv~nia; on /~/z'z" 1996 aforesaid. accepted, PENNSYLVANIA NATIONAL BANK AND TRUST CO. 3.9 SCHEDULE OF LIFE INSURANCE POLICIES REFERRED TO IN THE ANNEXED . :. DEED OF TRUST Dated ,1995. RAY B. REICHERT, Settlor To .'~' .- · ~..PENNSYLVANiA NATIONAL BANK AND TRUST CO., Trustee' $1.00 20 LAST WILL AND TESTAMENT OF RAY B. REICHERT I,.RAy B. REICHERT, of Cumberland County, pennsyIvania, revoke my prior wills and declare this to be my last will: -:': I. Debts.and Funeral Expenses: My lawful debts and the expenses of my last'illness, fuheral and burial shall be paid out of my estate. .. II. Personal and Household Effects: I give all my autom°bilesl and all other articles of personal or household use, together with all insurance relating thereto to my wife; ETHEL A. REICHERT if she survives me by thirty days. If she fails to so survive me then l give all such property and insurance to those of my daughter ELAINE R. swANS ~oN.. If Elaine R. Swanson fails to surviVe me by*thirty days.then this property shall 'pasS' under my residuary estate. III.~ Residuary_ Estate: I give ~he residue of my .estate, real and personal to the trustee` or trustees Under my deed of trust signed earlier today, under which PENNSYLVANIA NATIONAL BANK AND TRUST COMPANY is named as the trustee, IN TRUST to treat it as .an addition to the principal subject to. that deed as it exists'at my.death.. IV. -Beneficiaries Under 21' or Disabled: If any beneficiary becomes entitled to an outright distribution of income or principal and is (i) Under 21 or (ii) in my trustee's Opinion, disabled by illness or other cause'and Unable to properly manage the'funds: A. As much of such income or principal as my trustee may from. time to.~. .time. . . think desirable for that beneficiary, either shall be" paid to'him Or her or shall be apPlied. :. for'his or her benefit; and - ,-: . ....:. ?',.~.' ~., '" ', ~': ~':."" :.~'." '~..--.'. :'::?: B. The balance of such income and principal~-~- and th~ net-income-from:th0se-.':.:- funds.--~hall be kept invested and managed as a separate trust for that beneficiery, with the trust funds paid to or for the beneficia~ in accordanc~ with the provisions, of the preceding paragraph. When the beneficiary:reaches the'age of 21 i0r, m-my truStee's opinion, becOmes free of disability, as the case may be, the balance shall be paid'to the beneficiary. If he or she dies before that time,.the balance shall be paid to:his or her executors or administrators. . ..... AnY f'un~ to be applied under this article either shall be applied directly by my trustee Or...shall be paid to a parent or guardian bf the beneficiary .or to any'person or care of the beneficial. My trustee shall have' no .further organization taking responsibility for any funds so paid or applied. V. Early Endln(~ of Trusts: if my trustee, in his sole discretion, determines that it is desirable te do so, my trustee may end any trust under this deed. This may be done· by 'PaYin"~ the then-remaining principal and income of. that trust to the person then eligible to-receive the income. If any person is a minor or is, in my trustee's opinion, disabled by illness or other cause and unable to properly manage the.funds, my trustee may pay the funds to his or her parent or guardian or to any person or organization taking care of the person. In the case of a minor, my trustee also .may deposit the. the minor's name payable to the fUndS in an interest bearing account in majority, or appoint and pay the funds to a custodian'for the m~nor under-the Uniform Gl'frs to Minors ACt' Of:any state. MY trUstee shall have no further.responsibility for funds so paid or'depositedi':~. vi. Protective Provision: No interest'in: income or principal shall be assignable by, or available to anyone having a claim against,. a.beneiiciary before actual payment to the beneficiary .... -. .VH. ~: EXcept 'as provided 'in any trust any federal, state and other death taxes:'payable on the property forming my gross estate for tax purposes, whether or not it passes under this will, shall be paid out of the principal of my probate estate just as if they were my:debtS~ and none of those taxes shall be charg~-d against any beneficiary; This article shall'not apply to.generation-skipping taxes and any property OVer which I have a general power of appoir~tment for federal estate tax purposes. VIII. TAX OPTIONS'.' I authorize'my executor to exercise any options available in determinin, g and paying any taxes in my estate, and to allocate my generation-skipping tax exemption. These decisions may be made without requiring adjustments between income, and principal..:The decision of my executor shall be conclusive upon all persona concerned, ' IX. Manaaament Provisions: I authorize my executor and my trustee: i'::.A., Td.'retain and to invest in.all forms of real and personal property, including common "trust fUnds regardless of any limitations imposed by law on investments by executors' or trustees, or anyPrinciple of law concerning investment diversification; B. To compromise claims and to abandon any property which, in my executors' or..~my trustees' opinion, is of little or no value; · *' C. TO'b°rrow from, and to sell property to, my or my spouse's trustee or Others, and to::~:pledg~"pr, operty as security for repayment of any funds borrowedl .... · . .".D.'.To.~'eli at public or private sale, to-exchange or to lease for an,/periOd of time,' any real or personal property, and to give options for sales or leases; E~' To join in any marger, reorganization, voting-trust plan or other concerted action of .security holders, and to delegate discretionary duties with respect thereto: F. To use.administrative or other expenses of my estate, as income tax or estate tax deductions and to value my estate for tax purposes by any optional method permittect~::bY the law in force when I dis, without requiring ~djustments between income.arid principal for any resulting effect on income or estate taxes; and G. To distribute in kind'and to allocate specific assets among the beneficiaries (including any trust hereunder) in such proportions' as my executor may think best, so long as the total market value of any beneficiary's share is not affected by such alloca- tion. join .with my spouse in filing a joint/income'tax return'without requiring my spouse "to indemnify my estate against liability for the tax attributable to any income, and t° consent to any gifts made by my spouse being treated, as having been made one-half .by me for the purpose .of .federal laws relating to. gift tax. .. These authorities shall extend to all real and Personal property at any' time held by my eXecutOrS.or my trustee and shall Continue in full force until 'the actual distribution of' all such 13copert¥. All poWers, authorities, and discretion granted by this will shall be in addition to those granted by law. and shall be 'exercisable without leave of court, Xi.'.~= '.My spouse' shall' be' deemed not to have survived me if the order of OUr death'~ is nOt clear. ' ' "..'..~ ~. ' Xl: Executor and Trustee: I appoint my wife ETHEL A. REICHERT and PENNSYLVANIA NATIONAL-BANK AND TRUST COMPANY'executors and trustees of my will. If my wife does not wish to or is unable to act as co-exeCutriX and cO:trustee, then. I appoint ELAINE Ri~SWANSON.~.. substitute co,executrix and cO-trustee. All are to serve wit. hour bOnd.~ · '!,. . . IN'WITNESS WHEREOF'; I have hereunto set my hand and seal this 1995, at the end hereof, cOmposed .in all of ~' pages. R Y B. REICHERT day of -5 sIGNED, SEALED, PUBLISHED AND DECLARED by .the above named Testator a;l and * f°rhis'Last Will and Testament in {he presence of us, who, at his request, in his .presenceand .in the'PreSence of each other, all being present at the same time, have witnesses. hereunto ~et oUr hands '~s . STATE OF PENNSYLVANIA 'SS, COUNTY OF DAUPHIN I, RAY B. REICHERT, having *been duly'qualified aCcording. to law, acknowledge that I signed the foregoing instrument as my will,' and that I':signed it es my free and voluntary act for the purposes therein expressed. We, having been duly qualified according to law, 'depose end say that we were present and saw RAY.B, REICHERT sign the foregoing instrument as his will; that he signed it as.his free and voluntary act for the purposes therein expressed; that each of .us in his sight and hearing and at his request signed .the will es witnesses; and that* to the best of our knowledge ha'was et that time 1 8 or more.years of age, of sound mind and under no constraint :or undue:influence, .. -- Witness Subscribed, 'sworn to or' affirmed, and' acknowledged before me by the above-named testator and.by the wltneesea Whose names appear opPosite on.':'~r~/~/:J//', 1995 · ' . :~i:~..''~ . . .' ~:..~'.,~. ' '. ~tary Public ~' - NOTARIAl. S~L .' ~ HEATHER ~ 8TONE~ Nots Pu';~ ~ ~ Susquehanna Twp Dau-hl~- b c '7 S~pte~)er 1, 2001 Marie Tompkins M&T Investment GroUp 1415 Ritner Highway carlisle; PA 17013' RE: Ray B.' ReicherI Trust No. 41-4592600 Dear Ms. Tompkins: My mother Ethel A. Reichert and I, Elaine R. SwanSon her POA, ·hereby. request M&T Bank .to resign as TrUstee for.the aboVe mentioned trUst; We have made other arrangements with an. other COrporate trustee :for the administration ofthis trust. We do not wish to 'have a formal-accoUnting filed With the court and will facilitate this transfer by receipt and release form. please cOntact me with the necessary. Papers needed to facilitate this transfer. I eXPect this .to be completed by October 1, 2001. Your prompt attention to this matter is appreciated. Thank you. SinCerely.,. .'~' .;....' .. Elaine R. Swanson, POA for Ethel A. Reichert 2910 Saybula DriVe. Ashtabula, OH 44004' .. ' DURABLE POWER OF ATTORNEY/LIVING WILL EN By.THESE PRESENTS. that I, ETHEL A, R~:~a..~~~ ALL.M constituted, made' and appointed, and by' these Presents do constitute, . : behalf .as set a~Doint. RAY B. REICHERT my true.and lawful attorney, to act in my bel, g~N. If' RAY. B.. REICI'~E. RT should pre~lecease me or is unwilling 'or unable.to act, then .!"aPPoint .my daughter, ELAINE R. SWANSON my true and lawful attorneY. My. attorney shall have the following powers 1. ~ Execution of C0ntract~ To enter into, perforrn, modify~, extend, cancel, compromise, enforce, orl otherwise act with respect to any contract of any. sort whatsoever .- including but.not limited to leases and mortgages 'and to pay any money or to' transfer title and. Possession to any real or personal property, that may be required '. to .be. paid 'or tr. ansferred by any contract or in the performance of 'any obligation, entered into or ,incurred by me or on my behalf. 2.. jDy..~,2~t~D2~ Tq invest in all forms of real and personal property Without any restriction .whatsOever as to. the kind of investment, including, but nOt I'imited to; United States Treasury Bonds which are redeemable at par in payrnent of federal estate taxes, '3. Reaistration of Prooertv. To hold property unregistered or in 'the. name of s nominee. ~' " ;4..Personal Proce -r~w TO buy or sell at public or private'sale fOr Cash or credit Or partly for each,.. 'exchange,. pledge, lease, give or acquire options .for sales or exchanges or leases, Or .by: any other means whatsoever to acquire, dispose of~ repair, alter, or manage tangible or intangible personal property or any interest therein; .and, Without limitation, with respect to any securities, to comply with any securities' laws or regulations, to execute' indemnity agreements, to pu'rchase insurance and t° pay .commissions or discounts! required by any underwriting. 5..Real Prooertv. 'To buy or sell at public or private sale for.Cash or credit or partly 'for. each,, exchange, mortgage, encumber, lease for any periodi of time, .give or acquire options for sales, purchases, exchanges or'leases, dedicate;:: or by any other' means whatsoever to.. acquire to dispose of real prOperty or any interest therein; t° Partition and. subdivide real property, to manage real property; to repair, alter, erect, ar tear down' any.'structure or Part thereof: and to file such plans, applications or ~ECEIVED TIMENOV. 27. IO:38AM other documents, in connection therewith and do such other acts ss may be requested by any gev'ernment or other authority having or purporting to have jurisdiction'. 6.. ~ To'vote in person or by proxy at any meeting, to join in' any merger, reorganization, voting-trust plan or other concerted action of=security holders, t'o make payments in connection therewith, and in general to exercise all rights security holder. 7. InsuranCe. To procure, alter, ex"tend or cancel insurance against'any and.all risks affecting'Property and persons, end against liability, damage or claim of any sort~ 8. 'Loans. To. borrow money in such amounts for such periods and' upon such terms as im¥ attorney shall deem proper and to secure any loan by the mortgage or 'Pledge of any property, and '!'.specifically authorize my attorney t._o bO~'row money and to pledge property as collateral· for the purpose of purchasing United States Treasury 'Bonds which are redeemable at par in payment of federal estate taxes. 9. _Bank ACcounts. To sign checks, drafts and other instruments or otherwise make WithdraWals from* any checking, savings, transaction or other .deposit. account in my name, and.to endorse checks payable to me and receive the Proceeds thereof in cash Or. otherwise; t.o open and close checking, savings, transsctionl or other deposit accounts in my name; to;purChase and' redeem savings certificates~ certificates of deposit or 'similar funds withdrawn or certificates redeemed; an~ to 'do all~ acts 'regarding 'any checking account, savings accounl:, savings certificate, . certificate of deposit or.similar'instrument which I now have or may hereafter acquire, .the same as I could'*do if pers°nally present. Any financial institution may continue to rely 'on this power of'attorney' until it receives writ'ten notice from me that this power of aTI;orney is' revoked or actual notice ,.of my death and shall be indemnified and held harmless by me 'and my eState, including lawyers' fees, costs.of suit and claims of third ;parties, *which .it 'might incur by relying on this power after termination or revocation but before it receives such notice, Or at any time because of wrongful actS,, omissions or* rePreSentatiOns of my a~orn'ey with respect to transactions covered by this poWer 'of'* -a~orney.. My* a~orneY shalJ be subject to whatever bank rules and 'regulations J.'would be sUbjeCt. to. '. 10. Individual:Retirement Account. To request and receive distributions from any 'of my Individual Retirement Accounts; to give instructions for the Purchase and sale 'of. securities in. that acCount; to execute on my behalf any powers. .of a~torney'or' 2 RECEIVED TIMENOV. 27, 10'38AM other'instruments neededifor that purpose; and to endorse notes, checks, drafts and bills'of eXChange, and to make contributions to that ac'count. 1 1. safe Deoosit ·BoXes. To have ~ccess to and control over the'contents of .any .safe deposit box. rend:ed ._bY me, to rent' safe deposit boxes in my ·name,.to.close out, and execul:e and deliver` receipts for safe deposit boxes in my name; 'and .to ldo all acts regarding any' safe deposit boxes in my name, which I now have'or may hereafter · ·acqUire, the same· as.'i could do if personally present; provided that my attorney 'shall 'not dePosit or.keep, in any Such safe deposit box any property in which' my attorney has a. personal interest. Any financial institution may continua {o rely' 'on this. pOWer of" attorneY. Until it .receives written notice from me that this power of attorney is revoked Or. actual notice of mYdeath and shall be indemnified and' held harmless. by.me and. my estate, Personal re~presentatives and heirs against any liabi.li{Y or l°ss, including laWyers' fees, costs of suit and claims of third, parties, which it might incur by r~lYing on' this. power .after termination or revocation but before it receives s.uch notice, Or et -any time beCauSe of'wrongful acts·, omissions or represental;i°ns of my. a~Orney.'with respect'to transactions c~overed by this power of attorney. My attomey.shali.*be SubjeCt to whateVer bank!rUles and regulations I 12; l~eceiDl:s and 'ADDrOval of Accounts. would be subject t To receive a.payment of any'.kind, including a' bequestl davis .~, gift: or other transfer of real or personal proPel~ to .me in my.oWn` right'or as a fiduciary for another, and to give full receipt !and acq.ui~ance therefor, or a refunding bond therefor~ to approve accounts of any business, e.Stete, trust,· partnership.or other ~ransaction whatsoever in' which I may 'have. any interest .of *any~ nature' whatSOever, and to enter into any compromise and. release, in .regard ther.et°. ' 1 3 ' Com°romise and" Arbitration. of Claims. To compromis.e~ or. arbitrate .any. .claim in Which I may be if~ any manner interested, and for thet purpose to enter into *' agreements.to Compromi§e or orbit'rate, and either through counsel: or' otherWise. to. carrY on SuCll ¢°mPromiSel Or arbitration and Perform or enforce any award '.entered'i.n,' '.arbitration. .: · 14. 'lnetttuti°n ar~l' Defense of Claims, To institute, prosecute, 'de,fend, cOmpromiSe,0r, otherwise ~lisP.ose of, and.to appear for me in, any prOceedings et·law ..or in ecluiW or.otherwise before any tribUnal for the enforcement or for the defb. nSe' of .any. claim, either alone .or in co.njunc_tjon with other persons, relating ~ tO me or'tO, any ProPer't'Y.of mine or any .o~her person (including the authority to sue~if this.pOwer o.f. E~,..~VED TiMENOv, 27. iO'~8AM : attorney is 'not honored), and to retain, discharge and substitute counsel and au~h°rize · apPearance of such counSel.t° be entered for me in any such action or pr°ceeding.. ~' 15..~,~.' To prepare, execute end file in my name and. on my behalf 'any return, .rePort, ··protest, application. for .correction of assessed valuation· of real' .o.r'oth'er prOperty,:..appeal, briefl ci~aim.f°r'.refund, or petition, including pel:i~!on 't° the .united. .states. Tax. Court, in conn=ctJon with any. tax imposed .or-purported .~o be. imposed. by any government, authority or agency, or claimed, levied or a~sessed.' by..any :. · .government,' authority or agency and to pay any such tax and to-obtain any ex, tension of'time for any of the for~.g0ing;, to execute'waivers of resl:rictic~ns on the assessment· '.and c°lle:ction of deficiencY in any tax; to eXecute'closing agreements'and .all.' other doCUments,' instruments and papers relating to any tax liability of mine of'any s.°rt;· to. inStitu~e.'and carry on either:through counsel or otherwise any proceeding in'Co'nneCti0n with :contesting any. Such.tax 'or to recover any tax paid, or to res!st any claim 'addit[onai tax Or any p~OPosed assessment or levy thereof, and to .enter 'into any · agreernents'°r stipulations for·compromise or other adjustment or d!spositi°n .Of any. tax... · 1 6. j~li.;~aJJ]:t~ To execute, deliver and file or record disclaimers of .any..part :of ell 'of' any'pr°party,, power· or interea~ passing to or for me under=any w.ilr, deed of' trust :or-otherwiSe; and tO direct my spouse's executor to elect to qualify .or .to~ alec~' .not to .qUalify.'for. the'maritel deduction any portion or ail'of a marital dedUctiOn, trust .·created fOr'me by my spouse. ... .17.' EmploymentI 'of Others. To employ accountants, :attorney$~at'l.aw, investment c°unsei,'cu'Sto~lia'ns~ 'agants, servants, and others, and to ~elegate'~o the'm, t°- remove 'theml and to.!Pay them such remuneration as my attO..rney shall 'deem · proper. .. . "- 181. ·Execution of iD°cumanta. To execute, deliver, file 'fo~ recOrd,"..ca.nce'l~ rnod.ify, e'nfo~Ce, acqUire ~r dispose' of any instrument including, bdt not 'Ii'mired .to', 's~°Ck andbond powers, 'V:ehicle registrations, financing Statemenl:s e'nd. related, fill~ng dOcume'nts, .rePorts of any sort to any gov. ernment, authority or agency~..as req'uired Or .Permi~ed by laTM, deed with or without covenants or warrantieS, and anY'. ol;her 'd.oc.umertt apPrOpriate"for.~carrying out any of ~he foregoing powers::: " · ' 1'9. ~evocabla:Tru'~! To Be. Created. To exe.cu~e any revocable deed"°f:trust'" On my b. ehaif..und.er the ~.erms of which (I) my attorney or any one Or more oth'er RECEIVED TIMENOV. 27, lO'38AM ..:: persons 'or corporations with fiduciary, powers selected by my attorney, is .named' as' the trustee °r..trUstees, (ii) during my lifetime the entire net income and' as much of.the principal as I, .my a~orney' or my. trustee thinks desirable shall be paid.th me. or for. my benefit ~(inCluding those I' am'.!egally obligated to support), and (iii) uPon my.death·the. principal and ~.any. Undistributed. income shall be payable to l:he executor' or administrator. o.f.. my eState;..' and to transfer property to the TrUstee or Trustees thereunder~ ~ . . . '2'0:' Ravocable''TrdaT~'' Previnuslv Created. To deliver any property of mine. to and dePoSit--any.suclh:P~°p'e'rl:¥ with the' trustee or trustees o.f any re~bcable .deed Of trust. executed bY me for mY benefit even though the trust may not be payable Upon· my death to my. estate and·to revoke in whole or in part any such trust. '. "21. 'Gifts. To give pre)party without consideration in any. amount to any.one more.Of 'my. sPOuse and descendants, o~tright or in trusl:,.so long.aS my attorJ~.ey. believes that' after such.giftS Sufficient funds will remain to provide· foY my walleye 22. Continuation of Gift Pro_~lram. To continue any program of. gifts !.hat I may have begun.: by giving property without cQ.n._sidarati.on to' persons,!.in.cluding ..my attorney, outright or.to'trust's' which I have previously created for their benefit; .I give· my attorney this 'power because' it .is my. intention that my giving-P~ogram can. be continued in' the event of mY disability. However, in no event shall amy amounts be' given to. my. attorney or to discharge a legal obligation-of my a~torney whi~:h in 'the aggregate total more than 51% of my estate per year. " "23. 'P_avment,'of Fe~s to Mv Attorna_w My a~orney shal! .be entitled· 'to reasOnable .Compensation 'foUr Services rendered hereunder. .'. ": -'. 2'4. ;Pla°ement in an Inazituti°n. To take charge of my person in!case of illness· or .disability °f any kind; to ~ut..horiZe my admission, to a: medical, nurs!ng,.resideriti'al or similar· facility, and to. enter into agreements for my care; and to remove and place me' iniSUch institutions or. places as my attorney may deem best for my'=Personal'care, c°mf0rti benefit 'and safety after giving consideration to any wishes I have Previously expreSSed .On ·this' Subject. . ' '' '25.' Ma~icaI ProcedUres/LIVING WILL-DECLARATION-. I, ETHELiA.~'REIcHERT, being ;of sound· mind, willfully and voluntarily make this declaration .toibe: followed if- two .licensed .physi'cians 'familiar With my condition, one of_.Whom iai my attending 'EECE!VED T IME~IOV, ~ ' ~,, !0 ~i~ ,- - nu~i;it;ion' (food),or !. phys,cian., determine with'reasonable medical certainty that I am incompetent~ .This declaration reflects.my fir~m and settled commitment to refuse life-suStaining 'treatment under the circUmstance~.'indicated below. My named attomeyTin-fact is .hereby . 'designated as' my sUrrogste to request any' and all medical and related information and. records;..to disclose· modleal and related information to al:hers: to employ and'discharge.- 'mediCal *and' related personnel: to authorize or refuse to authorize me..'dical"and surgical · prOcedUres'.upon *me and to'require discontinuation of medical treatment Previously insti~u.ted; to ·cOnsent Or.refuse to consent to psychiatric care including .the right :'to · volUntarily commit to a.'pSychiatric care facJliw if my atl:orney deems it necessarY; to · 'prOvid· aPproPriate* pain t:elief; to arrange for Care and/or lodging in e hosP!{al,' nursing home. or hospice; t° grant releases to health care professionals.or insti~:utions to :aSsure. .. that my Wishes.are fUlfilled; .and to. do anyl:hing else. which my at~°[ney believes to'be appropriate. '1 wish to~'live and enjoy life a.~ long as possible, but i1: is my express wish that·. :":i 'bo"alloWed to: die if my.death is being artificially prolonged {h~ough mediCal. · ·mechanical means; If'/should suffer from a terminal condition definedas an incurable irreversible medical condition* in an advanced state caused by injury; disease .or.. physical illness ·whiCh will, in the'Opinion of two physician.s, to a reasonable degree of. medical ce~ainw~ result· in. death regardless of the continued-application.i°f !ifa'sustaining: treatment,. or "if i. should ibc in a state of permanent unconscious,ness .defined asa medical Condition that has been diagnosed by two licensed physicians, .one of whom is 'mY'atl:ending physicia~i~ in accordance with cUrrently accepted medical standards' and with reasonabl· medica! .certainty as total and irreversible loss of cOnsciOusnesS · and capacity 'f°t'*int'eraction' with the environment.including a persistent: vegetative .state'or*..irreversible coma.· for'a duratiOn of at least thirty (30) days, I direct my. at-tending ·physiCian to wit.,hhold or withdraw life-sustaining tTeatment that. serves only 'to'PrOlong the' process.of my dying. Life-sustaining treatment' is any. medical procedure 'Or .interventiOn that serv~es only to prolong the process of dying .or. main1:ains, the patient i'n 'a State of perr~anent unconsciousness. If I am.in the condition described · above; I feel'especially s~rong about the following forms of treatment: . · · ': "I (:) do. (, !)' do' not '-'.Want' cardiac resuscitation. . .. I ( ) d° (.':~) do nat':Want mechanical respiration. : .I.(.'),do (~) do not' Want tube feeding or any other artificial, or:: invssive form of hydration. (water). 6 RECEIVED TIMENOV, 27, IO~38AM I (.)do .{') do not want blood or blood products. ( ) do (,X) do not want any form of surgery or invasive diagnostic Tests, I (). do (;"') do not want kidney dialysis. I (-) do( ) do not want antibiotics. '1 realize that if I do'not specifically indicate my preference regarding any of the' forms of 'treatment'listed 'above, I may receive that form of treatment. If my a~orne¥ consul;ts with two licensed physicians familiar with my cOndition, One of whomis my attending physician, who have diagnosed and noted in my medical'. records that either (a) my condition is incurable, terminal and expected' to result in. my deatl~:(as·defined. above), or (b)I have been in e coma for at least thi' .~W (30) days and the cOma is irreversible, and if those physicians determine that I am unable.to give informed consent to'mediCal treatment, if in the opinion of'my attorney, I am Unable to understand mY condition. 'or 'to take coherent part in decisiOn-making aS to my care or' prognosis, my at'torney, may.take such actions as authorized above. I.do ask.that. medication'be administered for my care and comfort and to facilitate mY interaction with Others to the extent possible. · 26. '·Power to .Make Anatomical'Gift. My attorney shall have The Power to.. ~.. make an anatomical gift 'of all or part' of my body. · 27.. Guardian of the!Pereon and Estate. For the purpose of recording my wishes. . in a Convenient place, I reCOrd. here'that if it is necessary t° appoint'a guardian' of my per~°n or a. guardian of my:estate, it is my desire that RAY B. REICHERT. be appointed. I'f RAY B.' REICHERT should predecease me or is unwilling or unable to.act, it is my desire that my daughter .ELAINE R..SWANSON be appc~inted. 28. 'Elective Share. To'claim an elective share of the estate of my Spouse,' if .I surVive my-spouse. : 29~ Renounce.FtduCiarv Positions. have been appointed or am serving.. 30. 'Renounce Political PoSifiona. To renounce fiduciary positions to which I To renounce political offices'to which I' have ? 10:38AM. been appointed, elected: or'am serving. 31 ' .W~thdraw Trust. FUnds. To withdraw and receive the income or corpus of any trust-over 'whicIq t have a power of w~thdrawal. · · 32, Termination -of Aeoointmen. t. es Mv Attorney- My AttorneY;S appointmen.~ hereunder· Shall terminal~e..by operation of law or upon (.I) delivery to me. of.my attorney,S .WriTten resignation or. (ii) delivery to my attorney of a written revocation of .thiS.:'poWer"signed' by me:, .and my attomey'may request the wri~en ,Opinion of a licensed·physiCian statin~ the1; in his or her opinion I am not an ~incapa¢itated Person" as'~q'az wOrqis defined in 20 Pa.. C.S. Section 5501. Upon termination my, attorney shall i'return t° my full.control any property of mine in my attorney's ti)ossessi°n ~vithin': .. a- reasonable time consistent with an orderly transfer thereof. My a~ttomey's' dep°sR of funds. or intangible or t~angible personal property in accounts or safe deposit' :bOXes. :titled .'in' my 'name alOneiat any bank,' trust company, savings and .loan' institUtion.,. brokerage firm or depository .shall, after notice to me of such deP°sit~i' constitute, return' .1:o ~my full.contr°l; and my attorney shall have no further responsiblilil:y for funds' so deposited. . : · . ' : 33. SUccessor Attbmev. My Attorney acting as successor att°may-in'fact shall not be'~bliged t0. exarni'n~ any accounts, records' or .acts of the Previous att°tn'ay;in' "fact/nor shall any successor in any way or manner be responsible.for any act 'or .'omissiOn'to act. on the p~rt of any previous attorney-in-fact. . . .... . ". 34. ~ To' c~).' all' things which my attorney shall deem I~roper in .order to · Carry out' any 'of' the: foregoing· enumerated .powers, which shall .be i construed :in i the' .. :broadest. posSible-manne~. ··In-no event shall my attorney take any action.concerning a Policy of. insurance on my attorney's life. The descriptive headin~s of this. durable poWer of attorney are i'ns&rted for convenience, only and shall'not be` deemed, to. affect the imeah'ing' or construCti~°n of any of the provisions he'eof, or to limit 'in any. way.the cOnstructiOn thereof in tlqe broadest possible manner. . .: '35. ~' .'My attorney shall have full power of isUbstitution 'and revocation, and such subStitUtion or revocation may relate to, or be' limited to; any one -°rmore .or all of.the foregoing· acts or powers,, or be limited as to 'time or in suCh;.o!:her.. respect 'as .my' attorney ~shall· deem proper. I hereby .ratify and confirm .all that 8 ..my' attorney or the 'RECEIX~ED, TI~ENO~[, ,. 27. 10 ' S. SAM' , substitute or substitutes therefor shall lawfully do or cause to be done by virtUe hereof. 37. Reliance by O~hets. This power or a~torne¥ shall continue in force and may .be accepted and relied upon by anyone to whom it is presented despite my purported revocation of this power, the age of this power, the issuance of 'a court decree declaring my incompetency or my death, until writl:en notice of such event is received by such person. 38. Effe~ of My Disability_. This power of attorney shall not be-affected by my disability or incapacity. ExecUted on this ?"~ day of ,", , 199 .-~. ~ ~ ~" · , ! 'ETHEL A. REICHERT The above mentioned person, on the above date in our presence, signed this and declared this'instrument, Which contains "living will" provisions at paragraph' 25 to be that .person's power of at-~orney and 'living will" which now et that person's ~reques~, in that person's presence, and in the presence of each. other, we sign as witnesses: .... residing at 9 I0'38A~ COMMONWEALTH OF PENNSYLVANIA : : SS COUNTY OF DAUPHIN ' me the uncle~i~ned offi¢~0 13ef~onaily al~l~ea~ed-ETHEL ~. REIcHERT, known ~o me {or satisfactorily proven} to be th~ pef~on who~a name is sul3~¢fib~d ~o the ~ore~oin~ instrument, and acknowledged that he/she executed it for the purl~oses therein contained. WITNESS my hand and official seal the day and year aforesaid. NOTARIAL SF. AL ~.~=~ HF..ATHER ~. STONER. N~la~. P~l=lic SuSGUell0nna TwD., Oau~fl~n ~m~? , , My Commission Exc~s J~" 3a ~c=~......' Notew Public COMMONWEALTH OF PENNSYLVANIA COUNTY OF DAUPHIN : SS WITNESSES WHOSE NAMES ARE SIGNED TO THE FOREGOING INSTRU~4i~NT, BEING DULY QUALIFIED ACCORDING TO LAW, DEPOSE AND SAY THAT WE WERE'PRESENT AND SAW THE AFORESAID PERSON SIGN AND EXECUTE THE INSTRUMENT AS HIS/HER DURABLE POWER OF ATTORNEY/LIVING WILL; THAT HE/SHE SIGNED WILLINGLY AND THAT HE/SHE EXECUTED IT AS HIS/HER FREE AND VOLUNTARY ACT FOR THE. PURPOSES THEREIN EXPRESSED; THAT EACH OF US IN THE HEARING AND SIGHT OF THE PERSON SIGNED THE INSTRUMENT AS WITNESSES; AND THAT TO THE REST OF OUR KNOWLEDGE THE PERSON WAS AT THE TIME EIGHTEEN (181 OR MORE YEARS OF AGE, OF SOUND MIND AND.UNDER NO CONSTRAINT. OR UNDUE INFLUENCE. SWORN OR AFFIRMED TO AND SUBSCRIBED TO BEFORE M/E, THIS ~-~,~/ DAY lib ,.-? NOTA~ PUBLIC 1 0 NOTA~AL S~L : Sas~ucn,3nra TwD.. Dau~n:n Ccun:-. My Comm,sS,O~ Ex. res ~C~IV~D TIM~NOV, ~?, lO'38AM IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS, COURT ~DIVISION ) RAY B. REICHERT TRUST FOR ) THE-BENEFIT OF.ETHEL REICHERT ) . RESIGNATION OF TRUSTEE TO THE HONORABLE, .THE JUDGES oF SAID COURT: PENNSYLVANIA NATIONAL BANK AND TRUST COMPANY, now known as Manufacturers and Traders Trust COmpany, Trustee of the Ray B. Reichert Trust, hereby requests permission to resign.as such Trustee effective upon (1) acceptance of this resignation by your HonOrable Court, (2) appointment of a successor CorpOrate Trustee for the above mentioned Trust. DATE MANUFACTURERS AND TRADERS TRUST '. COMPANY .. BY: EXHIBIT "E" IN THE COURT OF COMMON PLEAS OF PENNSYLVANIA ORPHANS' COURT DIVISION COUNTY, IN RE: ) ) RAY B. REICHERT TRUST FOR ) THE BENEFIT OF ETHEL REICHERT ) No. ACCEPTANCE OF SUCCESSOR TRUSTEE I, ~mlcZ~]~ctr~ ~T..q.q' I ~ '~ '-"~ '-'1-~, being~eAJ't~rt;E 4 ~) of Community Trust Company, located at 3907 Market Street, Camp Hill, Pennsylvania 17011, and with the authority to act on its behalf, do hereby consent to the appointment of Community Trust Company as Successor Corporate Trustee of the above captioned Trust. COMMUNITY TRUST COMPANY DATE EXHIBIT 'Y'" IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION IN RE: ) ) RAY B. REICHERT TRUST FOR ) THE BENEFIT OF ETHEL REICHERT ) No. CONSENT AND JOINDER I, ELAINE R. SWANSON, POWER OF ATTORNEY FOR ETHEL REICHERT, have read the within Petition and I hereby consent and join in the prayer thereof. DATE ELAINE R. SWANSON, POA for ETHEL REICHERT .... EXHIBIT "G" . IN THE COURT OF COMMON PLEAS OF CUMBERLAND cOUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION IN RE: ) ) RAY B. REICHERT TRUST FOR ) THE BENEFIT OF ETHEL REICHERT ) No. CONSENT AND JOINDER I, ELAINE R. SWANSON, as altemate beneficiary of the Ray B. Reichert Trust, have read the within Petition and I hereby consent and join in the prayer thereof. DATE ELAINE R. SWANSON EXHIBIT "H' IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION IN RE: ) ) RAY B. REICHERT TRUST FOR ) THE BENEFIT OF ETHEL REICHERT ) No. CONSENT AND JOINDER I, LAURA CHMIELEWSKI MILLER, as alternate beneficiary of the RayB. Reichert Trust, have read the within Petition and I hereby consent and join in the prayer thereof. I[.oOJ'OI ~A ~~S DATE KI MILLER EXHIBIT ":I "'