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HomeMy WebLinkAbout03-26-09F:AFILES~CGm~sV9422 CraisA9922 2 9922 2.trvst.pattioaedjudice~ion TRUST COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION EVELYN C. CRAIG TRUST UNDER AGREEMENT DATED AUGUST 18, 1960, AMENDED MAY, 1980, AND AMENDED .TUNE 18, 1999 No. 2008-00862 PETITION FOR AD.TUDICATION PURSUANT TO Pa. O.C. Rule 6.9 This form may be used in all cases involving the Audit of Trust Accounts. If space is insufficient, riders may be attached. INCL UDE ATTACHMENTS AT THE BACX OF THIS FORM. <~ ~~ ,~ Name of Counsel: No V. Otto III, Esquire _o ~ CJ r ~ ~_j_ A Supreme Court LD. No.: 27763 ~={-', m ~ ` Name of Law Firm: MARTSON LAW OFFICES ~ ddress: 0 East High Street, Carlisle, PA 17013 ~~ ,; z„ _ Telephone: (717) 243-3341 ~~ ~ ~ - Fax: (717)243-1850 N Form OC-07 rev. /0. 73.06 Page 1 of 10 Name of Trust: Evelyn C. Craig Trust 1. Name(s) and address(es) of Petitioner(s): Petitioner Na,tte. John Schall, Vice President Address: Manufacturers and Traders Trust Company 55 South Main Street Chambersburg, PA 17201 2. Check if any of the following issues are involved in this case A. Appointment of Trustee ............................... .......... ^ B. Interpretation ........................................ ........... ^ C. Discharge of Trustee .................................. ........... ^ D. Transfer of Situs ..................................... ........... ^ E. Appointment of Ad Litem .............................. ........... ^ F. Minor, Unborn or Unascertained Beneficiary(ies) ........... ........... ^ G. Principal Distribution ................................. ........... ^ H. Partial/Full Termination of Trust ........................ ........... ^ I. Missing Beneficiary(ies) ............................... ........... ^ J. Cy Pres ............................................ ........... ^ K. WilliamsonIssue* .................................... ........... ^ L. Other Issues ......................................... ........... ^ List: Please note: A detailed explanation of issues checked should be set forth at item 13 below. 'See Williamson Estate, 368 Pa. 343, 82 A23 49 (1951), iCTmstee wes also Executor of the settlor/decedem's eatam and received commissions in such capacity. Fwm OC-07 rev. /0. 13.06 Page 2 of 10 Name of Trust: Evelyn C. Craig Trust 3. Testamentary 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: August 18, 1960 Date(s) of Amendment(s): May, 1980 and June 18, 1999 4. A. If any other Court has taken jurisdiction of any matter relating to this Trust, explain: B. Identify all prior accountings and provide dates of adjudication. 5. A. State how each Trustee was appointed: Agreement of Trust dated August 18, 1960, appoints Farmers Trust Company of Carlisle, Pennsylvania, now Manufacturers and Traders Trust Company, as Trustee. B. If a Petitioner is not a Trus[ee, explain: Fwm OC-01 rev. /0. 73.06 Page 3 of ] 0 Name of Trust: Evelyn C. Craig Trust 6. State how and when the present fund was awarded to Trustee(s): Evelyn C. Craig, Grantor of said trust, died August 4, 2008. At such time, Manufacturers and Traders Trust Company held in its Account #411596604 such funds as are indicated in the First and Final Account of Manufacturers and Traders Trust Company, Trustee, filed with this Petition to the above File Number. Period covered by accounting: August 4, 2008 to March 19, 2009. Current fair market value of the Trust principal is $378,120.25. See page 7 of Account.) 9. State concisely the diapositive provisions of the Trust. On the death of the grantor, the trust carpus, principal and accumulated income shall be distributed in equal shares to grantor's children, Charles R. Craig, Nancy C. Brown and Mary C. Anderson. Trustee shall be entitled to five percent (5%) of income and on termination of the trust, one percent (1%) of principal for each year of the existence of the trust, not to exceed, in the aggregate, five percent (5%) of the principal. 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): Death of Grantor and distribution of the trust Form OC-07 rev. /0. 13.Ofi Page 4 of 10 Name of Trust: Evelyn C. Craig 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): Not applicable 12. A. State the amountofPennsylvaniaTransferInheritanceTaxandPennsylvaniaFstate Tax paid (including postponed tax on remainder interests), the dates ofpayment and the interests upon which such amounts were paid: Date Payment Interest 10/20/08 $17,113.21 + discount credit of $900.70 $400,309.21 [net] B. If any such taxes remain unpaid or are in dispute, explain: Not applicable 13. Describe any questions requiring Adjudication and state the position of Petitioner(s) and give details of any issues identified in item 2. Not applicable Fwm OC-Of rev. /0. 73.06 Page 5 of 10 Name of Trust: Evelyn C. Craig 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. [Copy of Notice attached] 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. Stateeachparty'srelationshiptotheSettlor/Decedentandthenatureofeachparty's interest(s): Name and Address of Each Party in Interest Re[atianshlo and Comments. lfanv Lnterest Charles R. Craig Son One-third (1/3) 18 Knollbrook Lane, East Painted Post, NY 14870 Nancy C. Brown Daughter One-third (1/3) 4670 Davidsburg Road Dover, PA 17315 Mary C. Anderson Daughter One-third (1/3) 820 West Country Club Drive Purcellville, VA 20132 Fwm OC-07 rev, /0. 13.06 Page 6 of 10 Name of Trust: Evelyn C. Craig Trust 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. Not applicable 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. Not applicable 16. IfPe[itioner(s) has/haveknowledge that a Trust share has been assigned or attached, provide a copy of the assignment or attachment, together with any relevant supporting documentation. Not applicable 17. If a trustee's principal commission is claimed: Not applicable A. If based on a written agreement, attach a copy thereof. Fwm OC-07 rev. /0. f3.06 Page 7 of 10 Name of Trust: Evelyn C. Craig Trust B. If a principal commission is claimed, state amount. Executor's commission for estate of deceased grantor - $17, 337.00 C. If a principal commission is claimed, state the amounts and dates of any principal commissions previously paid in prior accounting periods. Not applicable Amount Date Paid 18. If a reserve is requested, state amount and purpose. Amount: None Purpose: 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? .............................................. O Yes O No Not applicable. If so, attach a copy of the notice. 19. Is the Court being asked to direct the filing of a Schedule of Distribution? ^ Yes ®No Schedule of Distribution has been filed with First and Final Account. Fwm OC-07 rev. /0. 13.06 Page R of 10 Name of Trust: Evelyn C. Craig 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 DisMbufee(s) Charles R. Craig Mary C. Anderson Nancy C. Brown Amount/Proporlion One-third (1/3) One-third (1/3) One-third (1/3) B. Principal: Proposed Distri6ulee(s) Charles R. Craig Mary C. Anderson Nancy C. Brown Amount/Proportion One-third (1/3) One-third (1/3) One-third (1/3) Submitted By: (All petitioners must sign. Add additional lines ijnecessary): MANUFACTURERS AND TRADERS TRUST COMPANY, Trustee ~~ P,. Name of Petitioner: John Schall, Vice President Fwm OG07 rev. /0. 13.06 Page 9 of 10 Name of Trust: Evelyn C. Craig Trust Verification of Petitioner (Verification must be by at: least one petitioner.) The undersigned hereby verifies * [that be/sbe he is sere Vice President of the above-named Home of corporoeion Manufacturers and Traders Trust Company and] that the facts set forth in the foregoing Petition for Adjudication/ Statement of Proposed Distribution which are within the personal lmowledge of the Petitioner are true, and as to facts based on the information of others, the Petitioner, after diligent inquiry, believes them to be tme; and that any false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904 (relating to unsworn falsification to authorities). ~~/~~'! Siva urt e of Petitioner 'Corporate petitioners must complete bracketed information. Certification of Counsel The undersigned counsel hereby certifies that the foregoing Petition for Adjudication/ Statement of Proposed Distribution is a true and accurate reproduction of the form Petition authorized by the Supreme Court, and that no changes to the form have been made beyond the responses herein. ~ v Signature of Counsel for Petitioner: No V. Otto III Fwm OC-07 rev. /0 73.06 Page 10 of 10 IN RE: TRUST AND ESTATE OF EVELYN C. CRAIG, DECEASED, LATE OF BOROUGH OF CARLISLE, CUMBERLAND COUNTY, PENNSYLVANIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DNISION NO. 21-OS-00862 NOTICE OF FILING FIItST AND FINAL ACCOUNT AND PETITION FOR ADNDICATION/STATEMENT OF P OPOSED DISTRIBUTION _AND CALL FOR AUDIT OR CONFIltMATION FOR THE EVELYN C CRAIG TRUST AND FOR THE ESTATE OF EVELYN C. CRAIG DECEASED NOTICE IS HEREBY GIVEN that Manufacturers and Traders Trust Company, Trustee and Executor of the Estate of Evelyn C. Craig, deceased, have this date filed [he First and Final Account and Petition for Adiudication/Statement of PronosedDistribution in the above-captioned Trust and F,state in the Office of the Clerk of the Orphans' Court in and for Cumberland County, Pennsylvania, where the same aze filed as public records and may be inspected. A copy of each of said Accounts and Petitions as filed are enclosed. YOU ARE FURTHER NOTIFIED that any exceptions or objections to said Accounts or Petitions must be filed in writing at the office of the Clerk of the Orphans' Court, Cumberland County Courthouse, Carlisle, PA 17013, aforesaid prior to the confirmation of said Accounts and Statements of Proposed Distribution scheduled as set forth below. UNLESS written exceptions or objections are filed prior thereto, said Accounts will be presented to the above-captioned Court in Court Room No. 1 of the Cumberland County Courthouse, Carlisle, Pennsylvania, at 9:30 a.m. prevailing time, on Tuesday, Apri128, 2009, at which time said Accounts will be confirmed and distribution ordered in accordance with the Petitions for Adjudication/Statements of Proposed Distribution. MA TSON LA OFFICES By: No V. Otto III, Esquire 10 East High Street Carlisle, PA 17013 (717) 243-3341 Date of Notice: ~/,~(,~dq NOTICES TO: Charles R. Craig 18 Knollbrook Lane, East Painted Post, NY 14870 Attorney for Trust azid Estate of Evelyn C. Craig, deceased Nancy C. Brown 4670 Davidsburg Road Dover, PA 17315 Exhibit ' A " Mary C. Anderson 820 West Country Club Drive Purcellville, VA 20132 .~b~,cc.,o.~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA. ORPHANS' COURT DIVISION TRUST UNDER AGREEMENT DATED AUGUST 18, 1960, AMENDED MAY 1980 AND AMENDED JUNE 18, 1999 WITH EVELYN C. CRAIG FIRST AND FINAL ACCOUNT Manufacturers and Traders Trust Company, Trustee Date of First Receipt of Funds: August 4, 2008 Accounting for the period: August 9, 2008 to March 19, 2009 Purpose of Account: The Trustee offers this Account to acquaint interested parties with the transactions that have occurred during the Administration. It is important that the Account be carefully examined. Requests for additional information, questions or objections can be discussed with: John Schall, Vice President Manufacturers and Traders Trust Company 55 South Main Street Chambersburg, PA 17201 (717) 261-2813 C7 0 ~ ' O _ ~~ ,,._., -0 ~ _,~ L.: ~ 'r~ N - ~ O"i .. , - lc~ p. _ -~`- _',r L- N - 1 - SUMMARY OP ACCOUNT PRINCIPAL PAGES Receipts Net Gain on Sales or Disposition Decrease in Reappraisement Less Disbursements: Administration - Misc. Exp Balance before Distributions Principal Balance on Hand For Information: Changes in Holdings INCOME Receipts Balance before Distributions Income Balance on Hand COMBINED BALANCE ON HAND Proposed Principal Distributions Proposed Income Distributions Verification 3 S 938,629.02 4 _ 1.065 69 $ 939,699.71 5 -1.636 49 S 938,058.27 6 $ 59.938.02 _ -59.938 02 S 378 120 25 7 S 378,120.25 B 9 $ 3.862 9B $ 3,862 98 10 $ 3,862.98 11 12 13 - 2 - S 381,982.73 PRINCIPAL REC6IPT9 SUBSEQUENT RECEIPTS MONEY MARKET FOND 08/04/08 MTB Money Market-Inst I Fund #920 - Date of Death Value $ 908,091.83 08/09/08 Accrued Interest to Date of Death 97.65 $ 908,189.98 BONDS 08/09/08 $20,000 Philadelphia PA Gas Works Revenue 78 due 5/15/20 - Date of Death Value $ 23,810.20 08/04/08 Accrued Interest to Date of Death 307.22 $ 29,117.42 MUTOAL FUNDS 08/04/08 55.302 Shs. Vanguard Ins titutional Index Fund R94 - Date of Death Value $ 6,322.12 TOTAL PRINCIPAL RECEIPTS $ 938,629.02 - 3 - PRINCIPAL GAINS OR LO99E9 ON SALES OR OTHER DISPOSITIONS GAIN LOSS 09/29/08 55.302 Shs. Vanguard Institutional Index Fund X94 Net Proceeds 6,126.57 Acquisition Value 6.322.12 $ 193.55 03/17/09 $20,000 Philadelphia PA Gas Works Revenue 7$ due 5/15/20 Net Proceeds 23,933.00 Acquisition Value 22 173.76 $ 1,259.29 TOTALS S 1,259.29 $ 193.55 NET GAIN TRANSFERRED TO SUMMARY $ 1,065.69 - 9 ACCOUNT REAPPRAISED VALUE VALUE REAPPRAISED AS OF 11/17/08 $20,000 Philadelphia PA Gas Works Revenue 7~ due 5/15/20 - Prior Year Amortization $20,000 Philadelphia PA Gas Works Revenue 7~ due 5/15/20 - Current Year Amortization REAPPRAISED AS OF 03/17/09 $20,000 Philadelphia PA Gas Works Revenue 7$ due 5/15/20 - Current Year Amortization TOTALS DECREASE TRANSFERRED TO SUMMARY PAGE S 23,810.20 $ 22,338.26 22,338.26 22,222.85 22,222.85 22,173.76 $ 68,371.31 $ 66,739.87 1,636.99 $ 68,371.31 $ 68,371.31 - 5 - DISBURSEMENTS OF PRINCIPAL ADMINISTRATION - MISC. EXPENSES Evel vn C. Craiu Efate 09/08/08 To pay Funeral Expenses 09/15/08 To pay Funeral Luncheon, Flower Costs, Prescription and Nursing Home Coats 10/14/08 To pay PA Inheritance Tax Payment 03/17/09 Cost of Executors Fee 03/17/09 Cost of Attorney Fee 03/17/09 To pay Costs advanced by Attorney S 11,074.78 3,308.90 17,113.21 17,337.00 8,700.00 359.58 03/17/09 To establish Reserve for Miscellaneous Final Expenses and Court Costs 2,049.97 S 59.938.02 $ TOTAL DISBORSEMENTS OF PRINCIPAL S 59,936.02 59,938.02 - 6 - PRINCIPAL BALANCE ON HAND FIDUCIARY VALUE AT ACQUISITION 03/19/2009 VALUE CASH (AUTOMATICALLY INVESTED) $ 378,120.25 $ 378,120.25 TOTAL PRINCIPAL BALANCE ON HAND $ 378,120.25 $ 376,120.25 THE ABOVE CASH IS CURRENTLY INVESTED IN MTB Money Market-Inst 2 Fund #920 - 7 - CHANGES IN PRINCIPAL HOLDING3 ACCOUNT VALUE Vanguard Institutional Index Fund #99 08/09/08 55.302 Shs. Received as of Date of Death 09/29/08 55.302 Shs. Sold 0.0 Shs. Philadelphia PA Gas Works Revenue 79 due 5 15 20 06/09/08 11/17/08 11/17/08 $20,000 Received as of Date of Death Current Year Amortization $20,000 Prior Year Amortization $20,000 03/17/09 Current Year Amortization $20,000 03/17/09 $20,000 Sold $0 $ 6,322.12 -6.322.12 $ 0.00 $ 23,B1D.20 -115.91 $ 23,699.79 -1.971.94 $ zz,zzz.as -99.09 $ 22,173.76 -22.173.76 S 0.00 - 8 - RECEIPTS OF INCOME Vanguard Institutional Index Fund #99 09/26/08 Dividend 55.302 Shs. MTB Monev Market-Inst I Fund #420 09/02/08 Interest 10/01/08 Interest 11/03/08 Interest 12/01/08 Interest 01/02/09 Interest 02/02/09 Interest 03/02/09 Interest Philadelphia PA Gas Works Revenue 7& due S 15 20 11/17/03 Interest $20,000 03/17/09 Sale of interest accrued to 03/17/2009 TOTAL RECEIPTS OF INCOME $ 36.28 $ 659.18 735.36 608.98 399.67 256.60 190.55 106.64 2,958.98 $ 392.78 974.94 867.22 $ 3;662.48 _ g _ INCONE BALANCE ON HAND FIDUCIARY VALUE AT ACQUISITION 03/19/2009 VALUE CASEi (AUTOMATICALLY INVESTED) $ TOTAL INCOME BALANCE ON HAND $ THE ABOVE CASH IS CURRENTLY INVESTED IN MTH Money Market-Inst I Fund #920 3,862.98 $ 3,862.98 3,862.98 $ 3,662.98 - 10 - PROPOSED PRINCIPAL DISTRZEUTION SCHEDULE Market Value Fiduciary as of Acquisition 03/19/2009 Value TO: Charles R. Crain - 1/3rd share of Residue Principal Cash ~ 126,090.08 $ 126,090.08 $ 126,090.08 $ 126,040.08 TO: Marv Beth Crain Anderson - 1/3rd share of Residue Principal Cash $ 126,090.08 $ 126,040.06 126,090.08 126,090.08 TO: Nancy Craig Brown - 1/3rd share of Residue Principal Cash $ 126,090.09 S 12fi.090.09 $ 126,040.09 $ 126,040.09 TOTAL $ 378,120.25 S 378,120.25 THE ABOVE CASH IS CURRENTLY INVESTED IN MTB Money Market-Inst I Fund 8420 - 11 - PROPOSED INCOME DISTRIBUTION SCHEDULE Market Value Fiduciary as of Acquisition 03/19/2009 Value TO• Charles R Craia - 1/3rd har f Residue Income Cash S 1.287.99 $ 1,287 99 S 1,287.99 S 1,287.99 T0: Marv Beth Craia Anderson - 1/3rd share of Residue Income Cash S 1.287.99 $ 1.287.99 1,287.99 1,287.99 T0: Nancv Craia Brown - 1/3rd share of Residue Income Cash $ 1.287.50 S 1.287.50 $ 1,287.50 $ 1,287.50 TOTAL $ 3,862.98 $ 3,862.98 THE ABOVE CASH IS CURRENTLY INVESTED IN MTB Money Market-Inst I Fund N920 Manufacturers an Traders Trust Company ~/~ r BY: / ~'/ .~~n Trustee under Agreement dated 8/18/1960, amended May 1980 and amended 6/18/1999 with Evelyn C. Craig, Se ttlor - 12 - VERIFICATION Manufacturers and Traders Trust Company, Trustee under Agreement with EVELYN C. CRAIG, deceased, hereby declares under oath that it has fully and faithfully discharged the duties of its office; that the foregoing 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 paid in full; that, to its 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 4909 relating to unsworn falsification to authorities. Manufacturers and Traders Trust Company Dated: ~/% 6'~ zCG~ - 13 - aUG-76 99 1@: a9 FRLM:FINL TRUST 9ERV CC 717-257-7542 T17:717+243+1950 PR~E:12 maAomaljrb\wilbltnigAmd Jung Il, 1999 SECOND AMENDMENT TO INTER VIVOS TRUST INDENTURE This second amendment is made this /f3~- day of June, 1999, by EVELYN C. CRAIG, Grantor and Settlor of a certain Revocable Inter Vivos Trust, and FINANCIAL TRUST SERVICES COMPANY, with an office in Carlisle. Pennsylvania. WITNESSETH: WHEREAS, on August 16, 1960, the said Grantor, Evelyn C. Craig, and as Settlor, entered into a Revocable Inter Vivos Trust Indenture with the Farmer's Trust Company of Carlisle, Pennsylvania, as the Trustee; WHEREAS, she said Grantor, Evelyn C. Craig, and as Settlor, entered into an Amendment to Inter Vivos Trust Indenture in May, 1980, with the said Farmer's Trust Company of Carlisle, Pennsylvania, as the Trustee; WHEREAS, pursuant to the terms and conditions of said Revocable Inter Vivos Trus[ Indenture and its amendment, which are incorporated by reference and made a part of this second amendment, the Grantor, as the Settlor of the said revocable trust, deposited certain sums with the Trustee for purposes as aet forth in said Revocable Inter Vivos Trust Indenture and iu amendment: WHEREAS, from time to time, further deposits have been made in said Trust by the said Grantor, as the Settlor, and the Trustee has, since the creation of this Trust, held, managed, invested, and reinvested said Trust corpus creating income that has been paid periodically, upon request, as directed by the Settlor to the said Grantor and to other; and WHEREAS, ;t is the desire of the said Grantor, as the Settlor of the said Inter Vivos Trust to Amend the Trust Indenture, as amended, to provide for the disposition of the Trust corpus, principal and accumulated, earned income, in the event of her decease: NOW THEREFORE, for and in consideration of the within premises, the Grantor, as Settlor of the said Inter Vivos Trust, does hereby state the following amendment to the terms and conditions of the Trust Indenture of August 18, 1960, as amended in May, 1980, as follows: 1. That paragraph 2 of the Revocable Inter Vivos Trust Indenture of August 18, 1960, as amended in May, 1980, shall state, as follows: The Trustee shall collect the income from said trust estate and shall pay the net income to the Grantor in at least quarterly installments during the term of this trust. In the eveat of the decease of the Grantor, durlag the period of existence of this trust, the Trustee shall distribute the trust corpus, principal aUG-06 99 10:10 FRhM:FINL TRUST SER!J CO 717-257-7642 T0:717+c4?+1850 PRGF_:13 i and all accumulateQ income, not distributed prior to the decease of the said Grantor, to the Grantor's chUdrea, Charles R. Craig, Nancy C. Brown, and Mary C. Anderson, in equal shares, provided, however, the then living issue of a deceased child of the Grantor shall take, per stirpes, the share their parent would have taken had he or she survived the Grantor. 2. In all other respects, the terms and conditions of the said Revocable Inter Vivos Trust Indenture of August 18, 1960, are reaffrmed by the Grantor, as Settlor of said Trust. IN WITNESS WHEREOF, the Grantor, as Settlor, has executed this Second Amendment to the Revocable Inter Vivos Trust Indenture of August 18, 1960, and the Trustee, by execurion of this second amendment, accepts the directives as set forth in the reaffirmed Trust Indenture as amended this date. WITNESS: EVE YN C. R ~~ ATTEST: FINANCIAL TRUST SERVICES COMPANY successor to Farmer's Trust Company of Carlisle, Pennsylvania ~~ Q,Y By: ~ John Schap, Vice- resident end Trust Officer aIIG-0"o` 99 10:08 FRCM:FINL TRUST SERJ CC 717-267-7642 T0:717+243+1850 PRGE:08 ~~ JUN 0B '99 12:5: FR P&PM 607 974 2451 TC 917172677642- P.10 • yd .,.~. ~... • 06/01/99 10:ad 9717 219 9119 87p4W ~ { l~a R>R4C~'+T~ 1M'PSH. PZ008 TRQgT_S Th1s Iadeateu'e made is the HeronBh oY car1191e, cwahar1and County, /ka~Y 1y6e ey Fvelya c, craie, 0raa6or, and Parmera Psnnaylveaie S+eh9" __~. crust Cawpes7 of Caml'..a?.e, Peaa$-, Truaeea. 1. craator, is oonsiderstion of the paysaat of One (1.001 Dellar, the raaaigt of rdlloh Ls hereby aotnpt/166ged, dose hereby sat over to Ttuates the sem or Sight ThoaBead (~a.000.00) Aollars, vha raaeipt a! which la aakaowledge$ hr Trnat ee'• aighaturs hereby, ae caw and to paid, t0aathar with RAy addltional aema of mossy 6raa90r trdabas to add thereto iyy ~~a1p10B OY ;1,000.00 a9 th0 ^t coat carats^, fa tromt far the !o1lewla6 P~'peaea sa$ nsea a;oa eub,eat to the terms sad aoaditioaa act forth aerbia= eirat: 'fhe '~Taatea 8ha11 hold, maaage, SA'IaOt, bad ra-SaveaC tha trust eatnts in in*eatmeata which are Seal ia7eetieata Oadax 4ha laws of tho Ooamenwealth of Pannaylveaia withopL any reatariotlaaa as to the amouaa ai menay which may be invsstad la ray partioulbi klad oY securities Dy it. 96x0 afl: 'i'p0 ?ru.etea shall oollect rho ineame lras acid tr:lst eatato aad pay flow set income to the Grantor is Qaaxtarly iastailaaata daring tLe R.+xm ni th la Crust. Ya Lha o+eaa a! tba death of the Grewtar dsriag the period e! this trust the Ttaatea shall pay tha net principal and set aocruefl inoome to the astute of the araator. Thixflr TAa txuatee shall be entitled ae a aammiaaien O! ii~e 151p peroeat m Sae aoe and, on termiaatioa at enid trust, it shall be antltlad to n cammiasion oP sae (1'~) paraaat of the priacipal of gala trust for aaeh year acme sae be ea fa aziatenee, same cat to bsaNd, is the aggregate, lava (5?6) par oast aY saia ptiaospa3. ?ouS: Grantor she11 havo the r18ht the right to a$d to for Pr iacfpal et thle trash afldltieaal soma at bay alas prior to its terml.aation whi.ah aLall be multiples of ~S,c00.00. 1. ~,~ ~zc ~az~F PAGE.3A aIJG-0c 99 10:09 FROM:FINL TRUST SERU CO 717-25_7-7542 _ _ T0:'717+243+1950 ' ~ JUN 08 '94 125? FP. P&PM n+ •„ 06~03~98 10'41 'Q717 838 9310 Pisa: Grantor apall Hasa tha right to ~ithdrsw •oM filed cue DrIIIBSDal of said trust iron tSme to tiV op thirty X301 Bays „zitt°n ffnt ice to the Trasbo. 31s: ~° Granter ahgu ha~o tha ri~0e to revoke sad term{pete tAi9 lsuet vL piaet7 (901 847° prittea aotie• to the Tr0.6tee. z_ The Trastee, Dy its ,~einder Sri the axeoutiea hetaet, elayiE'i•^ StB nee6yta.aee of the ti'aat created pereia. T1se e right. Tru • s3°11 hsP° th° e6m ~ ~!f s: ^y~,,,u4 ~'. c.:. ~ mar. re Suss ~'. `~ Sisls AttesE: p 2, Fnrsera Tract ComP°ii7 ei CaS iapney3.veaSa. a7: ~ j~ed}e~.7Y/ 717 276 9316 PRGE:09 PADE.11 .~.~ .,- ,cG ~:: ZS aUG-P5 '~9 17:79 FRCM:FINL TRUST SERV CO 717-267-7642 ,_ TO_717+243+1357 PRGE:17 bYJr 7rr z - _ - WJ JVV. ear ' SUN 09 '99 12:51 FR P&PM STPkW ~t` 08/03/89 10:40 X717 4S6 9Jle ~~~~~ /~il ~9f .. AMENDME T T IMI'E YIVOS TRDST IND TDRE This Amendment, made this day of May, 1980, by Evelyn C. Craig, Grantor and Farmer's Trust Company of Carlisle, Pennsylvania, Trustee. M ITN E S S E T M WHEREAS, on August 18, 1960, the said Grantor, Evelyn C. Craig, entered into a revocable Inter Vivos Trust Indenture with the Farmer's Trust Company of Carlisle, PQnnsylvania, as the Trustee; and, WHEREAS, pursuant to the terms and conditions of said Agreement, which is 9ncorporated herein by reference and made a part hereof, the Grantor deposited certain sums With the Trustee for purposes of said Trust Agreement; and, WHEREAS. from time to time, further deposits have been made in said Trust by the Grantor and the Trustee hag, since the inoeptian of ttw Trust, held, managed, invested and reinvested said Trust proceeds and has paid periodica}1y, upon request, to the Grantor income therefrom; and, WHE0.EA5, it is the desire ofthe Grantor, herein to amend the Trust Agreement to provide for the disposition aT the Trust Corpus, principal and interest, in the event oT her decease. NON THEREFORE, for and in consideration of the within premises, - t~~e drantor dues here4y state the f011oNing A~n~^t to th• terms and con- 4 s ditions of the Trust Agreement of August 18, 1980. 1, That Paragraph 2 of the revocable Inter Vivoe Trust Inden- ture of August 18, 196D is amended to read as follows: 91? z35 1716 RRGE.ae ,~ ~.~ an . oe , ~: 4d aIIG-Ob 9.3 1a:a9 ' JUN Ic~3 •,; OB/07rPa 1 FROM:FINL TRUST SERV CO 717-257-7542 T0:717+243+1950 ' 99 i2' s1 FR P&PM 6LX! 'J f4 147 i ~~ 'y~i-rl rco r rdvc- 10:40 '~71T 27tl BSia «'"~~ "The Trustee shall collect the 1nCOme from said Trust Estate and vaY the net income to the Grantor in quarterly installments during the term of this Trust. In the event of the decease of the Grantor, during the period of this Trust, the Trusisa shall pay the Trust Corpus and any accumu- lated income therefrom, not heretofore paid, to the then livin children of the Grantor, in equal shar , s+ r n ire alike." r.rr~ FAGE:11 ~/z~s8 ~~,~~ ~! N^'~ 2. In a)1 other respects, the terms and conditions of the re- vocable Inter Vivos Trust Indenture of August 18, 1980 are reafffr~aed by the firantor. IN WITNESS WNEREOf, the Grantor has executed the Hithin Smend- ment to the revocable Inter Vivos Trust Indenture of August )8, 1980 and the Trustee, by execution thereof, accepts the Trust Amendment as set forth herein. ~~D ,.^ ~ ~~1 (SEA Evelyn C. Craig CS Farmer's yFu~t Canpany of Carli le, Pennsylvania 8Y: r k Vice-Presf 717 236 9316 PgGE.09 +i u.i AZ ~ AQ 1.?' 34