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HomeMy WebLinkAbout02-1092c ROBERT H. LONG, JR.Z DEAN F. PIERMATTEI SHERILL T. MOYER KENNETH L. JOEL' JAN P. PADEN DEBRA M. KRIETE RICHARD B. WOOD TODD J. SHILL LAWRENCE B. ABRAMS III' DAVID M. BARASCH J. BRUCE WALTER LORI J. MCELROY JOHN P. MANBECK THOMAS J. NEHILLA FRANK J. LEBER KEVIN M. GOLD PAUL A. LUNDEEN CARL D. LUNDBLAD JACK F. HURLEY JR. JAMES E. ELLISON , DAVID B DOWLING RICHARD E. ARTELL . DAVID F O'LEARY ROBERT J. TRIBECK . DAVID O. TWADDELL TIMOTHY J. NIEMAN ~ PAUL J. BRUDER, ]R. CHARLES J. FERRY JOANNE BOOK CHRIST INE STANLEY A. SMITH AMY J. MENDELSOHN JENS H. DAMGAARD' 3 MICHAEL W. WINFIELD DRAKE D. NICHOLAS KATHRYN G. SOPHY THOMAS A. FRENCH STEPHANIE E. DIVITTORE DEAN H. DUSINBERRE KATHLEEN D. BRUDER"•s DONNA M.J. CLARK CHRISTYLEE L. PECK CHARLES E. GUTSHALL JOHN M. COLES PAUL F. WESSELL HEATHER Z. KELLY SHAWN D. LOCHINGER JAMES J. JARECKI JAMES H. CAWLEY JENNIFER ZIMMERMAN 1 AL60 ADMITTED 70 THE DIST RICT OF COLUMBIA BAR 2 AL60 ADMITTED TO THE FLORIDA BAR 3 AL60 ADMITTED TO THE MAR YLAND BAR 4 AL50 ADMITTED TO THE NEW JERSEY BAR 5 AL50 ADMITTED TO THE NEW YORK BAR ATTORNEYS AT LAW TWELFTH FLOOR ONE SOUTH MARKET SQUARE P.O. BOX 1146 HARRISBURG, PA 17108-1146 TELEPHONE (717) 233-5731 FAX (717) 232-1459 EMAIL kmeals@rhoads-sinon.com W E 6 5 I T E: www.rhoads-sinon.com December 3, 2002 Re: Estate of Virginia B. Ricker Register of Wills Cumberland County Courthouse High and Hanover Streets Carlisle, PA 17013 Dear Sir or Madam: OF COUNSEL HENRY W. RHOADS RETIRED FRANK A. SINON JOHN C. DOWLING PAUL H. RHOADS 1907-1984 JOHN M. MUSSELMAN 1919-1980 CLYLE R. HENDERSHOT 1922-1980 DIRECT DIAL NO. 231-6671 FILE NO. We are submitting to you for probate the original Will and Codicil of Virginia B. Ricker who passed away on September 18, 2002, a resident of Cumberland County. Enclosed are the following documents: 1. Original Will and Codicil. 2. Death Certificate. 3. Petition for Grant of Letters. You will note that the oath of the Executor was taken by the Register of Wills Office of Dauphin County. 4. Estate Information Sheet. 5. Check in the sum of $111.50 representing payment of probate fee of $40.00; the cost of five (5) short certificates @ $3.00 each ($15.00); the will fee of $27.00; the codicil fee of $19.50 and JCP fee of $10.00. 453154.1 YORK: AFFILIATED OFFICE: LANCASTER: STE. 203, 1700 S. DIXIE HWY, BOCA RATON, FL 33432 TELEPHONE (717) 843-1718, FAX (717) 232-1459 TELEPHONE (561) 395-5595, FAX (561) 395-9497 TELEPHONE (717) 397-4431, FAX (717) 232-1459 t )~$~®A3D~i ~e SIl®T®I~T LLP Page 2 December 3, 2002 We have also enclosed an extra copy of the Petition for Probate and Estate Information Sheet, that we ask that you time stamp and return to us in the enclosed self-addressed stamped envelope. If you have any questions or comments regarding the enclosed filing, please contact the undersigned. Very truly yours, RHOADS i8G SINON LLP B / J r ry Ki~erly A. Meals Legal Assistant Enclosures cc: Virginia R. Cole, Co-Executor Daniel M. Ricker, III, Co-Executor Donna M. Ricker, Co-Executor A.J. Mendelsohn, Esquire ___ _ Register of Wills of Cumberland County, Pennsylvania PETITION FOR GRANT OF LETTERS Estate of Virginia B. Ricker No. ~/-0~ -~~ ~~i also known as ,Deceased Social Security No. 149-05-9733 Virginia R. Cole, Daniel M. Ricker. III and Donna M. Ricker Petitioner(s), who is/are 18 years o1 ape or older, apply(ies) for. (COMPLETE "A" OR "B" BELOW:) A. Probate and Grant of Letters and aver that Petitioners are the executors named in the Last Will of the Decedent, dated July 16. 1999 and codicil(s) dated August 26. 1999 State relevant circumstances, e.p., renunciation, death of executor, etc. Except as follows, Decedent did not marry, was not divorced, and did not have a child bom or adopted after execution of the documents offered for probate; was not the victim of a killing and was never adjudicated incompetent: B. Grant of Letters of Administration (tl.b.n. e.t.a.: pentlente IBe; tlurante absemia; tlurente minorilale) Petitioner(s) after a proper search has/have ascertained that Decedent left no Will and was survived by the following spouse (if any) and heirs: street, number and Decedent, then 92 years of age, died Seatember 18, 2002, at Messiah Village, Mechanicsburg PA (Location) Decedent at death owned property with estimated values as follows: (If domiciled in PA) All personal property .......................................................................................... $ 10.000.00 (If not domiciled in PA) Personal property in Pennsylvania ..................................................................... $ (If not domiciled in PA) Personal property in County .............................................................................. $ Value of real estate in Pennsylvania ........................................................................................................................... $ Total .................................................................................................................. $ 10.000.00 Real Estate situated as follows: Wherefore, Petitioners respectfully request the probate of the last Will presented with this Petition and the grant of letters in the appropriate form to the undersigned: Signature Typ~~ci rr f Tinted name and residence Virginia R. Cole /~~ ' 711 Robert Street L ,G,+-~ , ~Gy~L'~L ~. ~i~-tom' i- __ Mechanicsburg, PA 17055 ~;,., ~, ~ I I:~anie1 M. Ricker, III l ;~ ~~ ~rµ.~"l'i. 1 '~ ~ tai Yartridgeberry Lane '~ `~~~~~~~`~ ~~ ~ ~ ~ _)urham,NH 03824 I I {~trna M. Ricker . ~ ~~'? ~ ._ .~ ~ .~'a~ tridgeberry Lane asz ~y3~4 ,~~~• ;, ) oL',~_ c~~, llurham, NH 03824 Decedent was domiciled at death in Cumberland County, Pennsylvania,, with his/her last family or principal residence at 100 Mt. Allen Drive_ Merhanirshurn PA 17r1~F l nf1? 9 ~ l \ .v ,~ fii• _ ~ nC h . ~ Fonn RW-1 Page 1 of 2 (Dauphin County) -Rev. 9/92 Oath of Personal Representative Commonwealth of Pennsylvania County of Cumberland The Petitioners above-named swear and affirm that the statements in the foregoing Petition are true and correct to the best of the knowledge and belief of Petitioners and that, as personal representatives of the Decedent, Petitioners will well and truly administer the estate according to law. Sworn to and affirmed and subscribed bef re me this day of ZOQ~ ~ G 9 !~ J ~~: ; t :~ No. 21-2002-1092 Estate of Virginia B. Ricker Deceased Social Security No: 149-05-9733 Date of Death: September 18, -2002 AND NOW, December 5th , 2002 , in consideration of the Petition on the reverse side hereon, satisfactory proof having been presented before me, IT IS DECREED that Letters ~ Testamentary ^ of Administration are hereby granted to in the above estate and that the instrument(s) dated described in the Petition be admitted to probate and filed of record as the last Will of Decedent. FEES Letters ........................... Short Certificate(s)....5... Renunciation .................. Affidavit ( ) ................. Extra Pages (12)............ Codicil .......................... JCP Fee ........................ Inventory ....................... Other ............................ TOTAL........... d.b.n.c.t.; pendente tile; tlurante absentia; durance minoritate Virginia R. Cole, Daneil M. Ricker, III and Daoona M. Ricker ~J ,,~QQJ /,~ $ 40.00 ~/i>ZQ~ /~'/ tom' it Register of Wills $ 15.00 Donna M. Otto, 1st Deputy $ 36.00 $ 10.50 $ 10.00 Attorney: Amy J. Mendelsohn $ I.D. No: 81084 $ Address: Rhoads & Sinon LLP. PO Box 1146 1 South Market Square, Harrisburg, PA 17108-1146 $ 111.50 Telephone: 717-233-5731 Form RW-1 Page 2 of 2 (Dauphin Coumy) -Rev. 9/92 Call Attorney on December 5th, 2002 CODICIL TO THE LAST WILL AND TESTAMENT OF VIRGINIA B. RICKER I, VIRGINIA B. RICKER, c>f Mechanicsburg, Cumberland County, Pennsylvania, being of sound and disposing mind and memory, do make, publish and declare this to be a Codicil to my Last Will and Testament dated July 16, 1999. 1. I hereby revoke ITEM IX of my said Last Will and Testament and in lieu thereof substitute the following ITEM IX: "ITEM IX: I hereby appoint my daughter, VIRGINIA R. COLE, my son, DANIEL M. RICKER, III, and my daughter- in-law, DONNA M. RICKER, as Co-Executors of this Will. If for any reason any one of them shall fail or cease to act, then the two survivors shall act as Co-Executors with all the powers granted to the three Co-Executors. If any two of Virginia R. Cole, Daniel M. Ricker, III and Donna M. Ricker shall fail or cease to act, the survivor shall servF~ as sole Executor with all the powers granted to the Co-Executors. Should Virginia R. Cole, Daniel M. Ricker, III and Donna M. Rinker all fail or cease to act, ALLFIRST BANK, a state-chartered Maryland bank, shall act as sole Executor. All references in thi:~ Will to my "Executor" shall refer to my originally named Co-Executors, the successor Page 1 of 2 pages 306714.1 __ ~ Co-Executors or to my sole successor Executor, as the case may be." IN WITNESS WHEREOF, I have hereunto set my hand and seal to this Codicil to my Last Will and Testament, consisting of this and the preceding one (1) page, this day of August, 1999. ;ti Vi_rgi is B. Ricker We, the undersigned, hereby certify that the foregoing Codicil was signed, sealed, published and declared by the above- named Testatrix as and for a Cod_~cil to her Last Will and Testament, in the presence of us, who at her request and in her presence and in the presence of each other, have hereunto set our hands and seals the day and year above written, and we certify that at the time of the execution thereof, the said Testatrix was of sound and disposing mind and memory. Residing at :_ ~~ `~' 4~ ~~--~,,~, ~~ ``~ Residing at : (; ; 1 ` ~ r.j '~' i~; C"SCEr Pi Ff~ ,r~ ~ ,;~- I 1 ~~ f (F ~ {l Lf r ~%i ~ ;~;~ Residing at: Page 2 of 2 pages COMMONWEALTH OF PENNSYLVANIA . COUNTY OF ~ n~, ~'ce•,=.e-,r~.,~ ss I, Virginia B. Ricker, Testatrix whose name is signed to the attached or foregoing instrumE~nt, having been duly qualified according to law, do hereby acknowledge that I signed and executed the instrument as a Codicil to my Last Will; that I signed it willingly; and that I signed it as my free and voluntary act for the purposes therein expressed. ~~; ,,,;' %~~, h~1~~- ~%-~z-(SEAL) Virgin"a B. Ricker Sworn or affirmed to and acknowledged before me, by Virginia B. Ricker, the Testatrix, this ~, ~ day of ,1 -~~ ~- .ar -= ~ 19 9 9 . Notary Public fMy Commission Expires: (S:~AL ) ._~ Notarial Seal `!vonne R. Durham, Notary Public f-~iarrisburg, Dauphin County i~V c`.M}~nmission Expires Aug. 20, 2001 M@tnke~~ F~ero~^<~ iu;;inia Association of Notaries 306714.1 r AFFIDAVT COMMONWEALTH OF PENNSYLVANIA SS: COUNTY OF ~ytc,/~~~~f~~ c,~.7f~ ; ~-.. ~ iy ,.. .~ - and `- the witnesses whose names are signed to the attached or foregoing instrum<~nt, being duly qualified according to law, do depose and say -.hat we were present and saw Virginia B. Ricker, the Testatrix, sign and execute the instrument as a Codicil to her Last Will; that :she signed willingly and that she executed it as her free and voluntary act for the purposes therein expressed; that each of us iri the hearing and sight of the Testatrix signed the Will as witnessE~s; and that to the best of our knowledge the Testatrix was at that time eighteen (18) or more years of age, of sound mind and under no constraint or undue influence. Sworn or affirmed to and sLbscribed to before me by l ;` __ ~~ _ witnesses, this ~~~ day of s -:,f ._ 1999. 1 v Witness W i t"J s s J Witness Nqt ry Public ~y Commission Expires: `f-~~AL) Notarial Seal Yvonne R. Durham, Notary Public Harrisburg, Dauphin County My Cerrnnission Expires Aug. 20, 2001 ~ ~ ~ ' ~ ~ ~'~ ?t~~a ;association of Notaries - - LAST WILL AND TESTAMENT OF VIRGINIA B. RICKER I, VIRGINIA B. RICKER, of Mechanicsburg, Cumberland County, Pennsylvania, being of sound and disposing mind and memory, do make, publish and declare this to be my Last Will and Testament, hereby revoking all Wills and Codicils by me any time previously made. ITEM I: All inheritance, estate and similar taxes becoming due by reason of my death, except any taxes relating to generation skipping transfers imposed under Chapter 13 of Subtitle B of the Internal Revenue Code, as amended, ("Death Taxes"), whether such Death T~~xes shall be payable by my estate or by any recipient of any property, shall be paid by my Executor out of the property passing ~znder ITEM IV of this Will as an expense and cost of administrat.~on of my estate, and to the extent that such Death Taxes are =gin excess of the property passing under ITEM IV, by the Trustee of the trust described in ITEM IV, and such Trustee shall charge such payment of Death Taxes against the assets passing to tree Unified Credit Trust 3ooia9.i Page 1 of ~'~ r - - -- - _ _ created thereunder to the fullest extent possible; provided, however, that if any property held in any testamentary or inter vivos trust created by my husband, D,~NIEL M. RICKER, JR. ("My Husband"), is includable in my estate for purposes of any Death Tax, then any Death Tax attributable to the inclusion of any such property in my estate for the purposes of that Death Tax shall be paid out of such property o~. by the recipients of such property, and if such Death Taxes are nevertheless paid by my Executor, I direct my Executor to obtain reimbursement or contribution for any such taxes paid by my Executor. Except to the extent above provided, my Executer shall have no duty or obligation to obtain reimbursement fc~r any Death Taxes paid by my Executor, even though paid with rE~spect to proceeds of insurance or other property not passing under this Will. ITEM II: I hereby exercise all powers of appointment which I may have at the time of my death in favor of my Executor, and all property subject to all such powers of appointment shall be included in my estate and be governed by the provisions of this Will. ITEM III: I give and bequeath all of my household furniture and furnishings, automobiles, books, pictures, jewelry, china, crystal, appliances, silverware, wearing apparel Page 2 of g r and all other like articles of housE~hold or personal use or adornment to my children living at my death in as nearly equal shares as they shall select under tYie supervision of my Executor. If any such articles cannot be fairly divided or distributed in kind in the opinion of my Executor, such articles shall be sold and the proceeds thereof shall pass as a part of my residuary estate. ITEM IV: I give, devise and bequeath all the rest and residue of my property, real, personal and mixed, not disposed of in the preceding portions of this Will, to the then Trustee of "The Virginia B. Ricker Revocable Trust" created by a declaration of trust dated July 31, :1989, amended and restated as of March 13, 1992 and as amended of the date of my death, of which I am the Settlor and Trustee. ITEM V: No interest in income or principal of my estate shall be subject to attachment, levy or seizure by any creditor, spouse, assignee or trusteE~ or receiver in bankruptcy of any beneficiary of my estate prior to the beneficiary's actual receipt thereof. My Executor shall pay over the net income and the principal to the beneficiaries herein designated, as their interests may appear, without regard to any attempted Page 3 of 8 anticipation (except as may be specifically provided herein), pledging or assignment by any benefi~-iary of my estate and without regard to any claim thereto ~~r attempted levy, attachment, seizure or other process against said beneficiary. ITEM VI In the sett~_ement of my estate, my Executor shall possess, among others, the following powers to be exercised for the best interests of t:he beneficiaries: (a) To retain any investmE~nts I may have at my death so long as my Executor may deem it advisable to my estate so to do. (b) To vary investments, when deemed desirable by my Executor, and to invest in such bonds, stocks, notes, real estate mortgages or other securities or in such other real estate or personal property as nay Executor shall deem wise, without being restricted to so-called "legal investments." (c) In order to effect a division of the principal of my estate or for any other purpcse, including any final distribution of my estate, my Executor is authorized to make said divisions or distributions of the personalty and realty partly or wholly in kind. If such division or distribution is made in kind, said assets shall be divided or distributed at their respective values on the date or dates of their division or distribution. In making any division or distribution in kind, my Executor shall divide or distribute said assets in a manner which will fairly allocate any unrealized appreciation among the beneficiaries. (d) To sell either at public or private sale and upon such terms and conditions as my 'executor may deem advantageous to my estate, any or all real or personal estate or interest therein owned by my estate severally or in conjunction with other persons or acquired after my death by my Executor, and to con:~ummate said sale or sales Page 4 of by sufficient deeds or other instruments to the purchaser or purchasers, conveying a fee simple title, free and clear of all trust and without obligation or liability of the purchaser or purchasers to see to the application of the purchase money or to make inquiry into the validity of said sale or sales; also, to make, execute, acknowledge and deliver any and all deeds, assignments, options or other writings which may be necessary or desirable in carrying out any of the powers conferred upon Executor in this paragraph or elsewhere in this Will. (e) To mortgage real estate and to make leases of real estate for any term. (f) To borrow money from any party, including my Executor, to pay indebtedness of mine or of my estate, expenses of administration, Death Taxes or other taxes. (g) Subject to ITEM I hereof, to pay all costs, Death Taxes or other taxes, expenses azd charges in connection with the administration of my estate, and my Executor shall pay the expenses of my last illness and funeral expenses. (h) To vote any shares of :Mock which form a part of my estate or trust and to otherwise exercise all the powers incident to the ownership of suc11 stock and to actively manage and operate any unincorporated business, including any joint ventures and partnerships, and to incorporate any such unincorporated business, wit=h all the rights and powers of any owner thereof. (i) In the discretion of my Executor to unite with any other owners of similar propE~rty in carrying out any plans for the reorganization of any corporation or company whose securities form a part of my estate. (j) To assign to and hold in my estate an undivided portion of any asset. (k) To hold investments in the name of a nominee. (1) To compromise controveYSies. Page 5 of 8 ~ - ITEM VII: In the settlement of my estate: (a) My Executor shall not be personally liable for any loss to my estate or to any beneficiary of my estate resulting from an election made in good faith to claim a deduction as an income tax deduction or as an estate tax deduction; nor, as a result of such election, shall any compensating adjustments be made between income and principal or in the amount of ar~y gift under this Will to my spouse intended to qualify fc>r the marital deduction for federal estate tax purposes. (b) In valuing property in my gross estate for the purposes of any death Tax, my Executor shall not be personally liable for any loss to my estate or to any beneficiary or my estate resulting from my Executor's decision made in good faith to use a particular valuation date; nor, as a result of such decision, shall any compensating adjustment be made in the amount of any gift under this Will to my spouse intended to qualify for the marital deduction for federal estate tax purposes. ITEM VIII: If at arly time any minor shall be entitled to receive any assets free of trust by reason of my death, whether payable hereunder, by ~~peration of law or otherwise, I appoint ALLFIRST BANK, a state-chartered Maryland bank, as Guardian of such assets auth~~rized by law payable to such minor. The Guardian may receive, administer and shall have full authority to use such assets, both principal and income, in any manner the Guardian shall deem advisable for the best interests of the minor, including college, university, graduate or other education, without securing d court order. The Guardian shall have all the rights ana privileges in its Page 6 of 8 capacity as Guardian as are herein granted to my Executor as to my estate. ITEM IX: I hereby ap~~oint my daughter, VIRGINIA R. COLE and my son, DANIEL M. RICKER, III, as Co-Executors of this Will. If for any reason either of them should fail or cease to act, then my daughter-in-law, DONNA M. RICKER shall act as Co-Executrix with the survivor. If any two of Virginia R. Cole, Daniel M. Ricker, III and Donna M. Ricker shall fail or cease to act, the survivor shall serve as sole Executor with all the powers granted to the Co-Executors. Should Virginia R. Cole, Daniel M. Ricker, III and Donna M. Ricker all fail or cease to act, ALLFIRST BANK, a state-chartered Maryland bank, shall act as sole Executor. All references in this Will to my "Executor" shall refer to my originally named Co-Executors, the successor Co-Executors or to my sole :successor Executor, as the case may be. ITEM X: Any Guardian and Executor shall qualify and serve without the duty or obligation of filing any bond or other security. Any corporate fiduciary shall be entitled to compensation for services in accordance with the standard schedule of fees in effect when the services are rendered. Page 7 of 8 ITEM XI: I recommend that my Executor consider Henry W. Rhoads and Rhoads & Sinon LLP, who are familiar with my affairs, as counsel to my Estate. IN WITNESS WHEREOF, I have set my hand and seal to this, my Last Will and Testament, c~~nsisting of this and the preceding seven ( 7 ) pages, this t ~ f~1 _ day of ~~~ 1999. Vir nia B. Ricker We, the undersigned, herek~y certify that the foregoing Will was signed, sealed, published and declared by the above named Testatrix as and for her Last Will and Testament, in the presence of us, who, at her request and in her presence and in the presence of each other, have hereunto set our hands and seals the day and year above writter;, and we certify that at the time of the execution thereof, the said Testatrix was of sound and disposi mind and memory. ~ ~ ; -~ i (SEAL) Residing at: L ~~ Ce~~( (SEAL) Residing at: !I! (--~i c1C~el~~,t/c~~'c~ T?r~ ~-! u..Y~,V'i~s ~~u ~ ~ P ~ ! 7~ I ~.~ (SEAL) Residing at: Page 8 of 8 r COMMONWEALTH OF PENNSYLVANIA ss: ,:i COUNTY OF I_~~y:~' %~~: -'`,~~~ . I, Virginia B. Ricker, Testatrix whose name is signed to the attached or foregoing instrument, having been duly qualified according to law, do hereby acknowledge that I signed and executed the instrument as my Last Will; that I signed it willingly; and that I signed it as my free and voluntary act for the purposes therein expressed. ~ f ~ ~~~_ (SEAL) ~~ - P Virg~C is B. Ric ter Sworn or affirmed to and acknowledged before me, by Virginia B. Ricker, the Testatrix, this ~~t~i day of --~u~r,( 1999. ~ '~ j f~ No~'"~ry Public i ,~ Mai Commission Expires: (SEAL) Notari---------- Yvonne Fi. Ourham, Notary Public Harrisburg, Dauphin County My Commi~.sion Expires Aug. 20, 2001 riAemhAr wPr~rsUivar,ia pssosiation of Notaries r AFFIDAVCT COMMONWEALTH OF PENNSYLVANIA ,~ SS COUNTY OF , C19?~-°~ :~~ ~ ~ > /i r1 _. ,. ^~ ., ~, and °- the witnesses whose names are signed to the attached or foregoing instrument, being duly qualified according to law, do depose and say that we were present and saw Virginia B. Ricker, the Testatrix, sign and execute the instrument as her Last Will; that she signed willingly and that she executed it as her free and voluntary act for the purposes therein expressed; that each of us in the hearing and sight of the Testatrix signed the Will as witnesses; and that to the best of our knowledge the Testatrix was at that time eighteen (18) or more years of age, of sound mind and under no constraint cr undue influence. Sworn or affirmed to and subscribed to before me by -~ ~, . ~~ u- 1999. /` ~' _ ~ 1 ~r', ,.f~a~~..~` 6..~.~r.:''r._~ and ~y witnesses, this ll~' ~~ day of W W Witness t ti ~I , 3 Notarial Seal Notl~ry Public Yvonne R. Durham, Notary Public M ~~ C Ommi s s i o n Expires ' Harrisburg, Dauphin County My Commission Expires Aug. 20, 2001 {SEAL ) Ulember, Penrsyivania Association of Notaries FORM NO.: 07152-BF • 0]153-BL • 07155-GV • 0]156-WH D 0 A Z A ~' D N N ~ ~ 0 -i c ~ ~ p ~ 0 = z ~ ~ ~ m y ~ ~ N V ~ ~ p cn r ~ O __ D A m rn ~1 wm e~ C H ~7 C] H z H H x CrJ 0 r C./] H r r z c7 H LTJ to 3 CrJ z I i ~~ CERTIFICATE OF NOTICE UNDER RULE 5.6(a) Name of Decedent: VIRGINIA B. RICKER Date of Death: September 18, 2002 Will No. Adm. No. 2002-01092 To the Register: I certify that notice of estate administration required by Rule 5.6(a) of the Orphans' Court Rules was served on or mailed to the following beneficiaries and intestate heirs of the above- captioned estate on February 18, 2003. Name Address Virginia R. Cole 711 Robert Str t Daniel M. Ricker, III Donna M. Ricker David A. Cole Timothy D. Cole Jami E Moose Robin J. Harbold Anthony L. Cole Karen Lee Whitehead Tammy VanHorn ee Mechanicsburg, PA 17055 6 Patridgeberry Lane Durham, NH 03824 6 Patridgeberry Lane Durham, NH 03824 292 Walnut Lane Carlisle, PA 17013 P. O. Box 222 Summerdale, PA 17093 3519 Chestnut Street Cump Hill, PA 17011 3525 Chestnut Street Camp Hill, PA 17011 194 Holiday Avenue Mechanicsburg, PA 17050 2837 Hillsboro Court Carlsbad, CA 92008 11;' Idaho Avenue Lakeland, FL 33801 452744.1 Amie R. Golden 13620 4`"Avenue NE Bradenton, FL 34202 David Robert Bissonnette 1076 Reed Point Court Henderson, NV 8901 S Notice has now been given to all persons entitled thereto under Rule 5.6(a) except NONE Date: February 19, 2003 Signature: ~ """ `~ ~. ~c ~ a ~- Name: Airy .Mendelsohn Address: BROADS & SINON LLP P.O. Box 1146 Harrisburg, PA 17108 Telephone: (717) 233-5731 Capacity: XX Counsel for Personal Representative ~~ ROBERT H. LONG, JR.' DEAN F. PIERMATTEI SHERI LL T. MOVER KENNETH L. JOEL J.AN P. PADEN DEBRA M. KRIETE RICHARD 8. WOOD TODD J. SHILL LAWRENCE B. ABRAMS III' DAVID M. BARASCH J. BRUCE WALTER THOMAS J. NEHILLA JOHN P. MANBECK ROBERT J. TRIBECK FRANK J. LEBER TIMOTHY J. NIEMAN PAUL A. LUNDEEN LORI J. McELROY JACK F. HURLEY, JR. KEVIN M. GOLD DAVID B. DOWLING CARL D. LUNDBLAD DAVID F. O'LEARY JAMES E. ELLISON DAVID O. TWADDELL RICHARD E. ARTELL CHARLES J. FERRY PAUL ]. BRUDER, JR.' JOANNE BOOK CHRISTINE STANLEY A. SMITH DENS H. DAMGAARD' MICHAEL W. WINFIELD' DRAKE D. NICHOLAS KATHRYN G. SOPHY' STEPHANIE E DIVI ORE THOMAS A. FRENCH . S KATHLEEN D. BRUDER DEAN N. DUSINBERRE CHRISTYLEE L. PECK DONNA M.J. CLARK CHARLES E. GUTSHALL HEATHERR ZaKELLY PAUL F. WESSELL JAMES J. JARECKI SHAWN D. LOCHINGER JENNIFER ZIMMERMAN JAMES H. CAWLEY 1 ALSO ADMITTED TO THE DISTRICT Of COLUMBIA BAR 2 ALSO ADMITTED 70 THE FLOR IDA BAR 3 ALSO ADMITTED TO THE MARYLAND BAR 4 ALSO ~)~®AD~ ~ -~II~T®1®T )T.I.P ATTORNEYS AT LAW TWELFTH FLCOR ONE SOUTH MARKE ~ SQUARE P.O. BOX 11~+6 HARRISBURG, PA 17108-1146 TELEPHONE (717) 133-5731 FAX (717) 232-1459 E M A I L ydurham@rhoads-sinon.com W E B S I T E: www.rhoads-sinon.com June 17, 2003 ADMITTED 70 THE NEW JERSEY BAR Re: Estate of Virginia B Ricker 5 ALSO ADMITTED TO THE NEW YORK BAR Date of Death: September 18, 2002 Cumberland County File No • 01092 of 2002 Register of Wills Cumberland County Courthouse High and Hanover Streets Carlisle, PA 17013 Dear Sir or Madam: VIA HAND DELIVERY Enclosed are the following in connection with the above-captioned Estate: 3094/04 1. Pennsylvania Inheritance Tax Return, in duplicate, showing tax due. 2. Check in the sum of $250,477.18 in payment of tax due. 3. Inventory. 4. Check in the sum of $28.00 in payment of your filing fees for the Return and Inventory. 5. A copy of this letter, with the first page of Return attached, which we ask that you time stamp and return to us. Very truly yours, YRD/shp Enclosures cc: Daniel M. Ricker, III llonna M. Ricker Virginia R. Cole 476363.1 YORK: TELEPHONE (717) 843-1718, FAX (717) 232-1459 BROADS & S1NON L~G^. '- f;. o Y e R. Durham gal Assistant . -r c~ crJ . N AFFILIATED OFFICE: LANCASTER: STE. 203, 1700 S. DIXIE HWY, BOCA R4TON, FL 33432 TELEPHONE (561) 395-5595, FAX (Soil) 395-9497 TELEPHONE (717) 397-4431, FAX (717) 232-1459 OF COUNSEL HENRY W. BROADS RETIRED JOHN C. DOWLING PAUL H. BROADS 1907-1984 FRANK A. SINON 1910-2003 JOHN M. MUSSELMAN 1919-1980 CLYLE R. HENDERSHOT 1922-1960 DIRECT DIAL NO. (717)231-6677 FILE NO. REV-1500EX+ (6-00) COMMONWEALTH CF PENNSYLVANIA DEPARTMENT CF REVENUE DEPT. 280601 HARRISBURG, PA 17128-0601 DECE- DENT CHECK APPRO- PRIATE BLOCKS COR- RE- SPON DENT RECA- PITULA- TION TAX COMPU- TATION o PA15001 \1- \OS ~\t - 12l J' REV-1500 INHERITANCE TAX RETURN RESIDENT DECEDENT DECEDENT'S NAME (LAST, FIRST, AND MIDDLE INITIAL) Ricker Virc inia B DATE CF DEATH (MM-DD-YEAR) DATE CF BIRTH (MM-DD-YEAR) 09/18/2002 10/13/1909 (IF APPLICABLE) SURVIVING SPOUSE'S NAME (LAST, FIRST, AND MIDDLE INITIAL) ~ 1. Original Return 4. Umited ES1ate 6. Cecedent Cled T..tate (Attach copy of Will) 9. Litigation Proceeds Received ~ 2. Supplemental Return 4a. Futurelnter..t Comproml.. ldate of d..th after 12-12M82) 7. Oecedent Malntalned a Living TrUlt Attach. copy of Trust 10. ~POU_I Poyerty oradll (date of death between 12-31-liIhnd f-1-9~) OFFICIAL USE ONLY FILE NUMBER 21 2002 1092 COUNTVCODE YEAR NUMBER SOCIAL SECURITY NUMBER 149-05-9733 THIS RETURN MUST BE FILED IN DUPUCATE WITH THE REGISTER OF WILLS SOCIAL SECURITY NUMBER 3. Remainder Return o (date of death prior 10 12-13-82) 1!9 5. Federal ES1ate Tax Return Required o 8. Total Number of Safe Depos~ Boxes O 11. Election to tax under Sec. 81 13(A) (Attach Sc:n 0) ltlll~_iibl'l~8i1:jjmlliaiiillU1W_~I'Ml'll:lHllWit_t.~Lil_tltll&lOP.":'~'tpi NAME COMPLETE MAILING ADDRESS Henrv W. Rhoads, Equire One S. Market Square, P. O. Box 1146 FIRM NAME (If Applicable) Harrisburg, PA 17108-1146 Rhoads & Sinon LLP TELEPHONE NUMBER 717-233-5731 1. Real ES1ate (Schedule A) (1) 2. S10cks and Bonds (Schedule B) (2) 3. Closely Held Corporation, Partnership or Sole-Proprietorship (3) 4. Mongages & Notes Receivable (Schedule D) (4) 5. Cash, Bank Deposits & Miscellaneous Personal Property (Schedule E) (5) 6. Jointly Owned Property (Schedule F) o Scparate Billing Requested (6) 7. Inter-Vivos Transfers & Miscellaneous Non-Probate Property (Schedule G or L) (7) SEE INSTRUCTIONS ON PAGE 2 FOR APPLICABLE RATES 15. Amount of Line 14 taxable at the spoul&l tax rate, or transfers under Sec. S116(aK1.2) 0.00 X.O 0 (15) 16. Amount of Line 14 taxableat lineal rate 5,566,159.50 X.O 0.045 (16) 17. Amount of Line 14 taxable at slbllnQrale 0.00 X .12 (17) 18. Amount 01 Line 14 laxable at collateral rate 0.00 X .15 (18) :. TaxOuK~i(Hll!!$jt\\'OU_mu~m!(illm!M:lti~h~lili:l'leIPAmml(19) """""""'.'''''.'''''''.'''"i)"in!''t$Q~)tQ\i'iN$Wiillf!\'$n:)Ui!;~$JllilfPfi(lj;,:ii:'AM:I"lli!$ftgJ\<<tlll<<ili', 8. Total Gross Assets (1Dtai Unes 1-7) 9. Funeral Expenses & AdminiS1l'ative Costs (Schedule H) (9) 10. Debts of Decedent, MortQllee Liabilities, & Liens (Schedule I) (10) 11. Total Deductions (1Olal Unes g & 10) 12. Net Value of Estate (Une 8 minus Une 11) 13. Charitable and Governmental Bequests/See 9113 Trusts for which an election to tax has not been made (Schedule J) 14. Net Value Subject to Tax (Une 12 minus Une 13) NTF 29755 Copyright 2000 Greatland/Nelco LP - Forms Software Only == (',: o:i:Jct O~OO 0,;00 0,00 c9'FICIAL.U~ ONLY w ;:::-"y ;;.' L. ~ 00 52,457.92 :1--::. co 0;';00 w 5,601,046.58 (8) 73,423.87 13,921.13 (11) (12) (13) 5,653,504.50 87,345.00 5,566,159.50 0.00 (14) 5,566,159.50 0.00 250,477.18 0.00 0.00 250,477.18 :::;:;';';:;:;:;'\;:;:;}:;:;':';::'::;:;':';:;:;':';' .......................................,......w...... ......................,.... ,.:.,.:.,.:.:.,.,.,.,., :',.:.,.,.",:",':',:::,..,{;,;:.,.;..... PA REV -1500 EX (6-00) Page 2 Decedent's Comolete Address: STREET ADDRESS 100 Mt. Allen Drive Cumberland County CITY I STATE I ZIP Mechanicsburg PA 17055 Tax Payments and Credits: 1. Tax Due (Page 1 Line 19) 2. Credits/Payments A. Spousal Poverty Credit B. Prior Payments C. Discount (1) 250,477.18 o 00 0.00 0.00 Total Credits (A + B + C) (2) 0.00 3. Interest/Penalty if applicable D. Interest E. Penalty 0.00 0.00 TotallnteresVPenalty (D + E) 4. If Line 2 is greater than Line 1 + Line 3, enter the difference. This is the OVERPAYMENT. Check box on Page 1 line 20 to request a refund 5. If Line 1 + line 3 is greater than line 2, enter the difference. This is the TAX DUE. A. Enter the interest on the tax due. B. Enter the total of Line 5 + SA. This is the BALANCE DUE. Make Check Payabie to: REGISTER OF WILLS, AGENT ~E~~~~~~~!~!f~~~8EE8!i~~~~~~fI8~~!~~Et!~i~~~~j'~!!I~'~~~~~!8~!iIXf~~E~k~i (3) 0.00 (4) 0.00 (5) 250,477.18 (SA) 0.00 (5B) 250,477.18 1. Did decedent make a transfer and: a. retain the use or income of the property transferred; ..................... b. retain the right to designate who shall use the property transferred or its income; c. retain a reversionary interest; or. . . . . . . . . . . . . . . . . . . . d. receive the promise for life of either payments, benefits or care? ..................... 2. If death occurred after December 12, 1982, did decedent transfer property within one year of death without receiving adequate consideration? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3. Did decedent own an "in trust for" or payable upon death bank account or security at his or her death? 4. Did decedent own an Individual Retirement Account, annuity, or other non-probate property which contains a beneficiary designation? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . IF THE ANSWER TO ANY OF THE ABOVE QUESTIONS IS YES, YOU MUST COMPLETE SCHEDULE G AND FILE IT AS PART OF THE RETURN. Yes No ~ ~ ~ ~ o ~ .f/r~ Harrisbur ,PA 17108-1146 DATE ~ /1 11..3 ADDR 55 Rhoads & Sinon LLP, P.O. Box 1146 Harrisburg, PA 17108-1146 on on use spouse [72 P.S. 19116 (a)(1.1) (i)). For dates of death on or after January 1, 1995, the tax rate Is Imposed on the net value of transfers to or for the use of the surviving spouse is 0% [72 P.S. Ii 9116 (a) (1.1)(ii)]. The statute rln.." nnl AlCAmnt a transfer toa surviving spouse from tax, and the statutory requirements for disclosure of assets and filing a tax return are still applicable even if the surviving spouse is the only beneficiary. For dates of death on or after July 1, 2000: The tax rate imposed on the net value of transfers from a deceased child twenty-one years of age or younger at death to or for the use of a natural parent, an adoptive parent, or a stepparent of the child is 0% [72 P.S.1i9116(aX1.2)]. The tax rate imposed on the net value of transfers to or for the use of the decedent's lineal beneficiaries is4.5%, except as noted In 72.P.S.' 9116(1.2) [72 P.S. 19116(aX1)]. The tax rate imposed on the net value of transfers to or for the use of the decedent's slbUngs is 12% [72 P.S. 19116(aX1.3)}. A sibling is defined, under Section 9102, asan Individual who has at least one parent In common with the decedent, whether by blood or adoption. o PA15002 NTF 29756 Copyright 2000 Greatland/Nelco LP - Forms Software Only REV-1508 EX + (1-97) COMMONWEALTH 0= PENNSYLVANIA INHERITANCE TAX RETURN RESIDENT DECEDENT SCHEDULE E CASH. BANK DEPOSITS. & MISC. PERSONAL PROPERTY ESTATE OF FILE NUMBER Virginia BRicker 21 2002 1092 Include proceeds of litigation & date proceeds were received by the ..tate. All prop. jointly-owned with right of survivorship must be disclosed on Sch. F. ITEM NO. 11. VALUE AT DATE 0= DEATH DESCRIPTION United States Treasury, refund due on final Federal Income Tax Return 7,784.00 2 Capital Blue Cross, refund of unused premium 501.15 3 Commonwealth of Pennsylvania, 2000 income tax refund 4,480.04 4 Verizon, refund 94.22 5 GST Exempt QTIP Trust under Daniel M. Ricker, Jr. Revocable Trust - Accrued income to date of death of Virginia B. Ricker 14,788.29 6 GST Non-Exempt QTIP Trust under Daniel M. Ricker, Jr. Revocable Trust - Accrued income accrued to date of death of Virginia B. Ricker 9,892.50 7 The Daniel M. Ricker, Jr. and Virginia B. Ricker Irrevocable Charitable Remainder Unitrust for the benefit of Mercersburg Academy Accrued income to date of death of Virginia B. Ricker 6,342.65 8 The Daniel M. Ricker, Jr. Charitable Remainder Unitrust for the benefit of Princeton University Accrued income to date of death of Virginia B. Ricker 8,575.07 TOTAL (Also enter on line 5, Recapitulation) (If more space is needed, insert additional sheets of the same size) $ 52,457.92 9 PA 15081 NTF 10875 Copyright 1999 Greatland/Nelco LP - Forms Software Only Schedule E (Page 2) Estate of: Virginia BRicker Item No. Description Value at Date of Death 9 Decedent was a lifetime beneficiary of The Daniel M. Ricker, Jr. and Virginia B. Ricker Irrevocable Charitable Remainder Unitrust for the benefit of Mercersburg Academy created by her deceased husband, Daniel M. Ricker, Jr., under Agreement dated May 12, 1998. Decedent did not transfer any assets to the Trust. Decedent's estate has no interest in the Trust with the exception of a prorated income distribution reported on this Return. 0.00 A copy of the Trust Agreement is attached hereto. 10 Decedent was a lifetime beneficiary of The Daniel M. Ricker, Jr. Charitable Remainder Unitrust for the Benefit of Princeton University created by her deceased husband, Daniel M. Ricker, Jr. under Agreement dated May 12, 1998. Decedent did not transfer any assets to the Trust. Decedent's estate has no interest in the Trust with the exception of a prorated income distribution reported on this Return. 0.00 A copy of the Trust Agreement is attached hereto. Total (Carry forward to main schedule) 0.00 REV-1510 EX + (1-97) COMMONWEALTH OF PENNSYLVANIA INHERITANCE TAX RETURN RESIDENT DECEDENT ESTATE OF Virginia BRicker SCHEDULE G INTER-VIVOS TRANSFERS & MISC. NON-PROBATE PROPERTY FI LE NUMBER 21 2002 1092 This schedute must be completed and filed if the answer to any of questions 1 through 4 on the reverse side of the REV -1500 COVER SHEET is yes. DESCRIPTION OF PROPERTY %OF ITEM INCLUDE NAME OF THE TRANSFEREE, THEIR DATE OF DEATH DECD'S EXCLUSION TAXABLE VALUE RELATIONSHIP TO DECD & DATE OF TRANSFER. NO. ATTACH COPY OF THE DEED FOR REAL ESTATE. VALUE OF ASSET INTEREST (IF APPUCABLE) 11. 10/1/2001 - Gift of cash to decedent's daughter, Virginia R. Cole 5,000.00 100.000 3,000.00 2,000.00 2 10/1/2001 - Gift of cash to decedent's son, Daniel M. Ricker, III 2,000.00 5,000.00 100.000 3,000.00 3 1/2/2002 - Gift of 300 shs. Hershey Foods Corp. common stock to decedent's daughter, Virginia R. Cole 17,295.00 20,295.00 100.000 3,000.00 4 1/2/2002 - Gift of 1,350 shs. Merck & Co. common stock to decedent's daughter, Virginia R. Cole 80,676.00 80,676.00 100.000 0.00 5 1/2/2002 - One-half joint gift of 300 shs. Hershey Foods Corp. common stock to decedent's son, Daniel M. Ricker, III 7,147.50 10,147.50 100.000 3,000.00 6 1/2/2002 - One-half joint gift of 1,350 shs. Merck & Co. common stock to decedent's son, Daniel M. Ricker, III 40,338.00 40,338.00 100.000 0.00 7 1/2/2002 - One-half joint gift of 300 shs. Hershey Foods Corp. common stock to decedent's daughter-in-law, Donna Ricker 7,147.50 10,147.50 100.000 3,000.00 8 1/2/2002 - One-half joint gift of 1,350 shs. Merck & Co. common stock to decedent's daughter-in-law, Donna Ricker 40,338.00 40,338.00 100.000 0.00 Total from continuation paqes 5,404,104.58 TOTAL (Also enter on line 7, Recapitulation) $ 9 PA15101 NTF 10877 (If more space is needed, insert additional sheets of the same size) Copyright 1999 Greatland/Nelco LP - Forms Software Only 5,601,046.58 Estate of: Virginia BRicker Item No. Description 9 1/7/2002 - Gift of cash to decedent's daughter, Virginia R. Cole 10 1/7/2002 - Gift of cash to decedent's son, Daniel M. Ricker, III 11 1/7/2002 - Gift of cash to decedent's daughter-in-law, Donna Ricker 12 National Life Annuity Cert. #0729104. Beneficiaries: Daniel M. Ricker, III and Virginia R. Cole. Principal value of annuity paid to beneficiaries in lump sum. 13 Decedent was the lifetime beneficiary under a 9113 (A) trust, the GST Non-Exempt QTIP Trust, established under the Revocable Trust of her husband, Daniel M. Ricker, Jr., who died on March 16, 1999. The Executors of the Estate of Daniel M. Ricker, Jr. elected to pay tax on .0215% of this trust. Decedent's Executors are, therefore, exempting .0215% of the assets from tax in this Estate. A copy of The Daniel M. Ricker, Jr. Revocable Trust is attached. A listing of the Trust assets valued as of the date of decedent's death, including a computation of the value includible in Decedent's estate, follows this Schedule. Total (Carry forward to main schedule) Schedule G (Page 2) DOD Value of Asset % Int. 81,529.00 100.000 40,764.50 100.000 40,764.50 100.000 3,566.29 100.000 3,244,619.45 100.000 Exclusion 0.00 0.00 0.00 0.00 0.00 Taxable Value 81,529.00 40,764.50 40,764.50 3,566.29 3,244,619.45 3,411,243.74 Estate of: Virginia BRicker Item No. Description J.4 During her lifetime, decedent transferred certain assets to The Virginia B. Ricker Revocable Trust under Agreement dated July 3J., J.989, which Agreement was amended and restated by Agreement dated March J.3, J.992, and further amended on July J.6, J.999 and August 26, J.999. Attached hereto are copies of the Amended and Restated Agreement and all subsequent amendments. A listing of the Trust assets valued as of the date of decedent's death follows this Schedule. Total (Carry forward to main schedule) Schedule G (Page 3) 000 Value of Asset J.,992,860.84 'Ii Int. J.OO.OOO Exclusion 0.00 Taxable Value J.,992,860.84 J.,992,860.84 QrIP f\OI CST EXB4Pl' TRUST U/A OF DANIEL B. RICKER. JR. Estate Valuation Date of oeath: Va.iuation Date: ?~ocesslnq Jate; 09/1812002 09/1812002 )4121/200) Estate of: RICKER VIRGINIA Account: NON-EXEMPT !RUST Report !ype: Date of Death Number of Sec~rit~es: 11 file ID: RICKERNON-EXtR Sha!'es or Par security Description High/Ask Low/Bid Mean andlor Div and lnt security Adjustments Accruals value 11 70470 ALLIED IkISH BKS P L C 10192284021 SPON A1iR ORC NYSE 0~11812002 240 10000 23.73000 H/L 23.915000 1,685,290.05 21 Oi., 0.3374 Ex, 08/07/2002 Rec: 08/09/2002 Pay' 09/27/2002 2000 CLOkOX CO DEL 11890541091 NYSE 09/1812002 23,776.58 43.10000 40.55000 H/L 41.825000 83,650.00 31 2500 PkOCTEk , GAMBLE co 17427181091 NYSE 09/18/2002 92.BBOOO 90.65000 H/L 91. 765000 229,412.50 41 5000 ALLEGHENY OOY PA HOSP OEV AUT HLTH CTk 10172BAE041 rr Intr. OTO: 11/01/1~92 Ka<: 11101/2023 6\ 09/18/2002 102.43300 102.12900 A/8 Int: 05/01/2002 to 09/18/2002 51 35000 OOYLESTOWN PA HOSP AUTH HQSP R HOSP OEV 1261333CV81 E"I' Intr. OTO: 12/15/1993 Kat, 07/01/2023 5\ 09/18/2002 101.53100 101.39800 A/B Int: 01/01/2002 to 09/18/2002 61 10000 HAaRISBORG PA PKG AUTH IlEV OEV IlEF 8 1I1175BFE71 F'I' Iotr. OTO, 02/15/1991 Kat: 08/01/2016 5.125\ 09/18/2002 102.08900 102.03500 A/8 Int: OB/Ol/2002 to 09/18/2002 11 10000 LUtEaIlE OOY PA FLOOD P!\OTN AU OEV BOS 15501l0BJ51 FT Intr. OTO: 07/01/1998 Hat, 01/15/2011 I.B75\ 09/1B/2002 106.32100 106.07100 A/8 Int: 07/15/2002 to 09/18/2002 81 25000 PHlLAOELPHIA PA 1lTR , WASrEllTR lira' liAS 1717893BK61 FT Intt. OTO: 08/01/1993 Hat: 06/15/2016 5\ 09/1B/2002 100,75400 100,72600 Al8 Int, 06/15/2002 to 09/18/2002 91 5000 PHILADELPHIA PA lITR , WASrEllTR lITk , lIAS 1717893LT61 "' mtr. OTO: 08/01/1993 Kat: 06/15/2015 5.5\ 09/1B/2002 105.01100 105.01100 A/8 Int: 06/15/2002 to 09/1B/2002 101 15000 ONIV PITTSBURGH or THE CCMlILTH IlEV 80S (91335VAOOI "' Intr. OTO, 02/01/1997 Kat: 06/01/2022 5.125\ 09118/2002 103.28600 103.03600 A/B Int' 06/01/2002 to 09/18/2002 102.131000 5.121.55 llL17 101.167500 35,513.63 374.31 102.062000 10,206.20 66.91 106.196000 10,619,60 85.31 100. HOOOO 25,185.00 322.92 105.011000 5,250.55 71.04 103.161000 15,474.15 22B.19 Page 1 This report was produced with EstateVal, a product of Estate Valuations' Pricinq Systems. Inc. If you have que!tions. please contact EVP System! at (818) 313-6300 or www.evpsys.com. (Revision 7.0.11 Date of Death: Val.uation Pate: Processing Date: 09/18/2002 09/18/2002 0511212003 Estate ot: RICKER VIRGINIA Account: NONw~XEMFT TROST Report Type: Date ot Oeath Number of Securities: 11 file to: RICKERNON-EXTR Shares or Par Security 0e5cription Hiqh/ASk Low/Bid Mean and/or Div and Int Security Adjus~ents Accruals Value 11) 10000 WESTMORELAND CNTY FA rND1 OEV HOSP REV (961008LY3l IT Intr. OTO, 12/15/1992 Mat, 01/01/2011 6\ 09/18/2002 105.05600 105.02400 AIB Int: 07/01/2002 to 09/18/2002 105.040000 10.504.00 128.33 Total Value: Total AccriJ.al: Total: $2,141,395.29 $2.116.227.23 $25,168.06 SecUl:ities $2,141,395.29 Paine Webber Money Market 1,184,626.12 Total Trust Assets at death $3,326,021.41 LESS: Percentage of Trust exempt from PA Inheritance Tax due to prepayment in Estate of Daniel M. Ricker, Jr. (.0215%) ( 71,509.46) Accrued income payable to Estate of Decedent ( 9,892.50) $3,244,619.45 Page 2 This report was produced with EstateVal. a product ot Estate valuations' Pricinq Systems, Inc. If you have questions. please contact gyp Systems at (818) 313-6300 or www.evpsys.com. (Revision 7.0.1) VIRiINIA B. RIOtER REM:lCABLE TRlET ~state Valuation Date of Death: valuation Date: ?rocessinq Date: 09/18/2002 09"8/2002 04/21/2003 Estate of: Ricker Trust Account: aicker trust Report Type: Jate of Death Number of Securities: 24 File 10: RicxerREVTR Shares or Pat Securl ty Description Low/Bid Mean and/or Div and rot Security Adjustments Accruals Value Ki9h/As'K. 11 50082 ALLIED IRISH BKS P " C 1019228(02) SPON ADR ORD NYSE 09/18/2002 2"10000 23.73000 H/L 21 Div, 0.3374 Ex' 08/07/2002 Roc' 08/09/2002 Pay' 09/21/2002 859 CISCO SYS INe 117275R1021 NASDAQ 09/18/2002 12.52000 12.04000 H/" 31 1400 HERSHEY FOOOS CORP 14278661081 RYSE 09/18/2002 65.50000 63.00000 Hn. 41 2700 MERCK' CO INe 15893311071 RYSE 09/18/2002 47.79000 46.47000 H/L 51 Div, 0.36 Ex, 09/04/2002 Roc, 09/06/2002 Pay: 10/01/2002 720 PNC FINL SVCS GROOP IHe (693475105) RYSE 09/18/2002 43.62000 42.17000 H/" 61 2361 HURIYIE"D PI. INSD FO 162630V1091 RYSE 09/18/2002 15.69000 15.63000 H/L 71 Oi., 0.082 Ex, 09/1312002 Rec: 09111/2002 Pay: 09/21/2002 1566 PEPeO HOLDINGS INe 17132911021 RYSE 09/18/2002 20.63000 19.95000 H/L 81 Div, 0.16576 Ex' 09/06/2002 Rec, 09/10/2002 Pay' 09/30/2002 150 SEOOA eORPCRATION 181732010(1 RYSE 09/18/2002 55.16000 5(.03000 H/L 91 150 SEQOA CORPORATION 18173202031 CLB NYSE 09/1712002 09/19/2002 58.50000 51.50000 58.00000 H/L 57.25000 H/L 101 20000 ALU="" CNTY PI. ARPT REV 1017286Dnl " Intr. DfD: 05/15/1993 Kat: 01/01/2016 5.625' 09/18/2002 102.60(00 102.59200 AlB Int' 07/01/2002 to 09/18/2002 III 10000 ALL&GIIEIl'< CNTY PI. HOSP DEV AUT HOSP REV 1017281\BA31 FT Iotr. aTD' 10/15/1992 Hat, 10/01/2013 6' D911812002 102.33800 102.33800 AlB Int: 0(/01/2002 to 09/18/2002 23.915000 12.280000 64.250000 47 .130000 42.895000 15.660000 20.290000 5(.595000 57.812500 102.598000 102.338000 16.897.67 972.00 193.60 259.58 240.63 218.33 1,197,711.03 10,548.52 89,950.00 121,251.00 30,88" (a 36,973.26 31,114.14. 8,189.25 8,671.88 20,519.60 10,233.80 Page 1 This report was produced with tstateVal, a product of Estate Valu,tions , pricinq Systems, Inc. It you have questions, please contact typ System! at (8l8} 313-6300 Of www.evpaya.c~. (Revision 1.0.1) Date of Death: Valuation Date: Processing O,te: 0911812002 0911812002 0412112003 Estate of: Ricxer Trust Account; Ricker Trust Report type: Date of Death Number of Securities: 24 rile IO: RickerREVTR Shares or Par security Deseription Hiqh/Ask Low/Bid Hean and/or Div and Int Security Adjustments Accruals Value 121 40000 COATESVI~ PA AREA SCH DIST G.O. BDS 1190684HA41 FT Intr. OTD: 0411511999 Mat: 1010112016 4.5\ 0911812002 103.25900 103.00900 AlB Int: 0410112002 to 09/18/2002 13) 15000 PENNSYLVANIA INTEAGO~AI. SPL TAX R (70SS40BM41 FT Intr. OTD: 07/15/1993 Mat: 06/15/2023 5.625\ 0911812002 103.12000 103.12000 AlB Int: 0611512002 to 0911S/2OO2 14) 10000 DAUPHIN orry PA GEN AUTH HOSP HOSP REV 123825HBDSI n Intr. OTD: 10/15/1992 Mat: 07/01/2016 6.25\ 09/1S/2002 121.90200 121.65200 AlB Int: 07/01/2002 to 09/1S/2002 151 10000 DAUPHIN CIl'rY PA GEN AUTH NOSP HOSP REV 123825HCZSI FT Intr. OTO: 06/01/1993 Mat: 01/0112016 5.15\ 09/18/2002 119.6S100 119.68100 AlB Int: 07/01/2002 to 09/18/2002 161 5000 DAUPHIN orry PA GEM AUTH HOSP HOSP REV \23825HC09) OTC OTD: 06/01/1993 Mat: 07/01/2006 5.4\ 09/18/2002 111.86600 111.86600 AlB Int: 07/01/2002 to 09/1812002 171 10000 HARRISBURG PA PKG AUTH REV REV REF B 1414758fE11 " Intr. OTD: 02/15/1994 Mat: 08/01/2016 5.125\ 09/1812002 102.08900 102.03500 AlB Int: OS/01/2002 to 09/1S/2002 18) 15000 LUZEANE orry PA FLOOO PI\OTH AD REV BOS 1550710BJ51 " Intr. OTO: 07/01/1998 Mat: 01/15/2014 4.875\ 09/18/2002 106.32100 106.07100 AlB Int: 07/15/2002 to 09/1S12002 191 40000 NORTHAMPTON PA BOCltS CIl'rY MOIl S1IR REV B I 663722JlQ9) n Intr. OTO: 03/15/1974 Mat: 11101/2013 6.2\ 09118/2002 117.95600 117.70600 AlB Int: 0510112002 to 09/1S12002 201 25000 PHILADELPHIA PA _ ADTlI REV LEASE REV (711904FB1) rr Intr. oro: 06/15/1993 Mat: 11/151201S 5.625\ 09/18/2002 104.64000 104.59300 AlB Int: 05115/2002 to 09/1S/2002 211 10000 PENNSYLVANIA ST TPK COHHN TPK TPK REV B (109223Ml3) E"l' Intr. OTO: 08101/1992 Mat: 12/0112007 5.8\ 0911812002 102.16600 102.15800 A/B Int: 06101/2002 to 09/18/2002 103.134000 103.120000 121.711000 119.681000 111.866000 102.062000 106.196000 117.S31000 104.616500 102.762000 835.00 217 .97 133.68 122.99 57.75 66.91 121 . 91 943.78 480.47 172.39 11.253.60 15.468.00 12,117.70 11.968.10 5,593.30 10,206.20 15.929.40 47,132.40 26,154..13 10,276.20 Page 2 This report was produced with EstateVal, a produet ot Estate Valuations , prieing Syst~. Inc. It you h~ve questions. please contact tvP system! at (818) 313-6300 or www.evpsys.eaa. (Revislon 7.0.1) Date of Death: Valuation Date: Processing Date: 09/18/2002 09/18/2002 04/21/2003 Estate of: Ricker Trust Account: Rlcker Trust Report Type: ~ate of Death Number of Securities: 24 rile 10: RickerREVTR Shares or Par Security Description High/Ask Low/Bid Mean and/or Oiv and Int Security Adjustments Accruals Value 22) 5000 PENNSYLVANIA ST G.O. VARI ('709139CLll no Intr. OTD: 09/15/1973 Mat: 03/15/2003 5' 09/18/2002 100.28900 100.28800 A/B Int: 09/15/2002 to 09/18/2002 231 30000 PITTSBURGH. ALLEGHEHY CRTY PA SALES TAX 172478PAH81 M' Intr. OTD: 05/01/1999 Mat: 02/01/2019 5' 09/18/2002 104.40600 104.15600 AlB Int: 08/01/2002 to 09/18/2002 241 5000 WES'TMDJU:LAllD CRTY PA IHDL DEV HOSP REV 1961008LY31 M' Intr. OTD: 12/15/1992 Mat: 07/01/2011 6' 09/18/2002 105.05600 105.02400 AlB Int: 07/01/2002 to 09/18/2002 100.288500 2.08 5,014.43 104.281000 195.83 31,284.30 105.040000 64.17 5,252.00 Total Value: Total Accrual: Total: $1,832,679.44 $1,810,416.64 522,262.80 Securities TOTAL TRUST ASSETS 1,832,679.44 139.954.98 20,226.42 1,992.860.84 Paine Webber Money Market Allfirst Bank Checking Account Fage 3 This report was produced with EstateVal, a product of Estate Valuations , Pricing Systems, Inc. If you have questions, please contact EVP Systems at (818) 313.6300 or www.evpsys.com. (Revision 7.0.11 REV-1511EX + (1-97) COMMONWEALTH OF PENNSYLVANIA INHERITANCE TAX RETURN RESIDENT DECEDENT ESTATE OF Virginia BRicker SCHEDULE H FUNERAL EXPENSES & ADMINISTRATIVE COSTS FILE NUMBER 21 2002 1092 Debts of decedent must be reported on Schedule I. ITEM NO. A. 1. 1 DESCRIPTION FUNERAL EXPENSES: Jesse H. Geigle Funeral Home Funeral and burial expenses B. ADMINISTRATIVE COSTS: 1. Personal Representative's Commissions Name of Personal Representative(s) Social Security Number(s)/EIN No. of Personal Representative(s) Street Address City State Zip Year(s) Commtssion Paid: 2. 3. Attorney Fees Family Exemption: (If decedent's address is not the same as claimant's, attach explanation) Clamant Street Address City State Zip Relationship of Clamant to Decedent 4. Probate Fees 5. Accountant's Fees 6. Tax Return Preparer's Fees 7. l The Patriot-News Co. Advertising Grant of Letters Testamentary 2 Cumberland Law Journal Advertising Grant of Letters Testamentary Total from continuation paqes TOTAL (Also enter on line 9, Recapitulation) S (If more space is needed, insen additional sheets of the same size) 9 PA15111 NTF 10878 COPyright 1999 Greatland/Neleo LP - Forms Soflware Only AMOUNT 3,862.10 50,000.00 126.50 160.27 75.00 19,200.00 73,423.87 Schedule H part 2 (Page 2) Estate of: Virginia BRicker Item No. Description Amount 3 Jerry Cole Preparation of decedent's final individual income tax returns ($200), fiduciary income tax returns for the Virginia B. Ricker Trust ($250) and fiduciary returns for the Daniel M. Ricker, Jr. GST Non-Exempt QTIP Trust ($350) 800.00 4 Rhoads & Sinon LLP Reserves: Filing fees, Revocable Trust 5,000.00 5 Rhoads & Sinon LLP Reserves: Out-af-pocket expenses 1,000.00 6 Rhoads & Sinon LLP Attorneys' fees, Daniel M. Ricker, Jr. GST Non-Exempt QTIP Trust 5,000.00 7 Rhoads & Sinon LLP Filing fees and final expenses, Daniel M. Ricker, Jr. GST Non-Exempt QTIP Trust 7,400.00 Total (Carry forward to main schedule) 19,200.00 REV -1512 EX + (1-97) COMMONWEALTH OF PENNSYLVANIA INHERITANCE TAX RETURN RESIDENT DECEDENT ESTATE OF Virginia BRicker Include unreimbursed medical expenses. ITEM NO. SCHEDULE I DEBTS OF DECEDENT, MORTGAGE LIABILITIES & LIENS FILE NUMBER 21 2002 1092 DESCRIPTION AMOUNT 1. 1 Allfirst Bank Checking Account, checks clearing after death 9,699.63 2 AT&T Balance due 19.93 3 Internists of Central Pennsylvania Balance due 8.23 4 Messiah Village Balance due 3,046.40 5 PA Department of Revenue 2002 PA Income Tax due on decedent's final return 70.00 6 Pharmerica Balance due 176.26 7 Rhoads & Sinon LLP Estate planning services rendered to decedent before death 900.68 9 PA 15121 TOTAL (Also enter on line 10, Recapitulation) S (If more space is needed, insen additional sheets of the same size) 13,921.13 NTF 10874 Copytlghl1998 Greatland/Nelco LP - Forms $ollwllfe Only REV - 1513 EX+ (9-00) COMMONWEALTH a' PENNSYLVANIA INHERITANCE TAX RETURN RESIDENT DECEDENT ESTATE OF SCHEDULE J BENEFICIARIES FILE NUMBER Virainia BRicker 21 2002 RELATIONSHIP TO DECEDENT Do Not Us. Trustee(s) NUMBER NAME AND ADDRESS a' PERSON(S) RECEIVING PROPERTY I TAXABLE DISTRIBUTIONS [include oU1right spousal diS1ributions, and 1ransfers under Sec. 9116 <a) (1.2)] 1 1. ~ee attached statement None 1092 AMOUNT OR SHARE a' ESTATE 0.00 ENTER DOLLAR AMTS. FOR DISTRIBS. SHOWN ABOVE ON LINES 15 THROUGH 18 AS APPROPRIATE ON REV. 1500 COVER SHEET II NON-TAXABLE DISTRIBUTIONS: A. SPOUSAL DISTRIBUTIONS UNDER SEC. 9113 FOR WHICH AN ELECTION TO TAX IS NOT BEING MADE 1. B. CHARITABLE AND GOVERNMENTAL DISTRIBUTIONS 1. TOTAL OF PART II -- ENTER TOTAL NON- TAXABLE D1STRIBS. ON LINE 13 a' REV- 1500 COVER SHEET S (If more space is needed, insen additional sheets of the same size) Copyrighl20oo Gr_tland/Nelco LP - Forms Software Only o PA 15131 NTF 33293 0.00 ESTATE OF VIRGINIA B. RICKER SS# 149-05-9733 Date of Death: September 18,2002 Attachment to Schedule J - P A Inheritance Tax Return Name ofIndividual, Trust or Estate Receiving $5,000 or more Relationship to decedent Grandchild Grandchild Grandchild Grandchild Grandchild Grandchild Grandchild Grandchild Grandchild Son Tammy VanHorn Amie R. Golden David Robert Bissonnette Karen Lee Whitehead David A. Cole Timothy D. Cole Jami E. Moose Robin J. Harbold Anthony L. Cole Daniel M. Ricker, III Virginia R. Cole Daughter Donna M. Ricker Daniel M. Ricker, III Trust U/Daniel M. Ricker Jr. GST Non-Exempt QTIP Trust Daughter-in-law Trust for son and issue Virginia R. Cole Trust UlDaniel M. Ricker, Jr. GST Non-Exempt QTlP Trust Trust for daughter and issue Daniel M. Ricker, III GST Exempt Trust, UNirginia B. Ricker Revocable Trust Trust for son and issue Virginia R. Cole GST Exempt Trust UNirginia B. Ricker Revocable Trust Trust for daughter and issue TOTAL 472141.1 Amount $ 5,000.00 Cash $ 5,000.00 Cash $ 5,000.00 Cash $ 5,000.00 Cash $ 5,000.00 Cash $ 5,000.00 Cash $ 5,000.00 Cash $ 5,000.00 Cash $ 5,000.00 Cash $25,000.00 Cash $ 1,783.15, Y, annuity $90,250.00 Gifts $25,000.00 Cash $ 1,783.14, Y, annuity $181,500.00 Gifts $88,250.00 Gifts One-half res. share $1,622,309.72 (before taxes) One-half res. share $1,622,309.73 (before taxes) One-half res. share $931,486.88 (before taxes) One-half res. share $931,486.88 (before taxes) $5,566,159.50 COMMONWEALTH CF PENNSYLVANIA INHERITANCE TAX RETURN RESIDENT DECEDENT SCHEDULE M FUTURE INTEREST COMPROMISE REV -1647 EX+ (9-00) (Check Box 4a on Rev-1500 Cover Sheet) ESTATE OF FILE NUMBER Virginia BRicker 21 2002 1092 This schedule Is appropriate only lor estates of decedents dying after December 12, 1982. This schedule is to be used for all future interests where the rate of tax which will be applicable when the future interest vests in possession and enjoyment cannot be established with certainty. Indicate below the type of instrument which aeated the future interest and attach a copy to the tax return. nWIII KI Trust n Other I. Beneficiaries NAME CF AGE TO BENEFICIARY RELATIONSHIP DATE CF BIRTH NEAREST BIRTHDAY 1. 2. 3. 4. 5. II. For decedents dying on or after July 1, 1994, if a surviving spouse exercised or intends to exercise a right of withdrawal within 9 months of the decedent's death, check the appropriate block and attach a copy of the document in which the surviving spouse exerctses such withdrawal right. n Unlimited right of withdrawal n Limited rloht of withdrawal III. Explanation of Compromise Offer: See attached statement. IV. Summary of Compromise Offer: 1. Amount of Future Interest. . . . . , . . , . . ...................... .... . . . . . . . . ...... ........... $ 3,244,619.45 2. Value of Wne 1 exempt from tax as amount passing to charities, etc. (also inclcrde as pan of _I shown on Une 13 of Cover Sheet) . . . . . . . . . $ 0.00 3. Value of Wne 1 passing to spouse at appropriate tax rate Check One D 6%, D 3%, D 0% . . . . . . . . . . . . . . . . .... $ 0.00 (also include as pan of total shown on Wne 15 of Cover Sheet) 4. Value of Wne 1 Taxable at lineal rate Check One D 6%, ~ 4.5%. . . . . . . . . . . . . . . . . ........ $ 3,244,619.45 (also include as part of total shown on Wne 16 of Cover Sheet) 5. Value of Une 1 taxable at sibling rate (12%) (also include as pan of total shown on Wne 17 of Cover Sheet) . . . . . .. $ 0.00 6. Value of Une 1 taxable at collateral rate (15%) (also include as part of total shown on Wne 18 of Cover Sheet) . . . . . . . . $ 0.00 7. Total value of Future Interest (sum of Wnes 2 thru 6 must equal Wne 1) . . .. .. ....... .. ..... ....... $ 3,244,619.45 o PA 16471 NTF 33294 (If more space is needed, insert additional sheets of the same size) Copyright 2000 GreaUand/Neleo LP - Forms Software Only ESTATE OF VIRGINIA B. RICKER Social Security No.: 149-05-9733 Date of Death: 9/18/2002 ATTACHMENT TO SCHEDULE M This request for a Future Interest Compromise relates only to the assets of the GST Non-Exempt QTIP Trust under the Daniel M. Ricker, Jr. Revocable Agreement of Trust (the "Trust") included on Schedule G of this return. Decedent was a lifetime beneficiary of the Trust until her death. At Decedent's death, the trust is divided into two separate trusts: one for each child of Daniel M. Ricker, Jr. The present lifetime beneficiaries of each Trust are Daniel M. Ricker, III and Virginia R. Cole (the "Beneficiaries"), respectively, who are the children of decedent and her deceased spouse, Daniel M. Ricker, Jr. In addition to a lifetime income interest in their Trust, the Beneficiaries also have general testamentary powers to appoint the assets of their Trust. Both Beneficiaries are married to longtime spouses and both have children and grandchildren as follows: DANIEL AND DONNA RICKER'S CHILDREN NAME ADDRESS Karen Lee Whitehead 2837 Hillsboro Court Carlsbad, CA 92008 David Robert Bissonnette 1076 Reed Point Court Henderson, NV 89015 Arnie R. Golden 13620 4m Avenue, NE Bradenton, FL 34202 Tammy Van Horn 117 Idaho Avenue Lakeland, FL 33801 DANIEL AND DONNA RICKER'S GRANDCHILDREN NAME ADDRESS & PARENT Rachel Whitehead 2837 Hillsboro Court (Karen Lee Whitehead) Carlsbad, CA 92008 473908.1 Justin Bissonnette 1076 Reed Point Court (David Bissonnette) Henderson, NV 89015 Megan Golden 136204'" Avenue, NE (Arnie R. Golden) Bradenton, FL 34202 Ryan Golden 136204'" Avenue, NE (Arnie R. Golden) Bradenton, FL 34202 Hailey Golden 136204'" Avenue, NE (Arnie R. Golden) Bradenton, FL 34202 Aaron Krummen 1130 Lisa Lane (Tammy Van Horn) Burtow, FL 33830 VIRGINIA & JERRY COLE'S CHILDREN NAME ADDRESS David A. Cole 292 Walnut Lane Carlisle, P A 17013 Timothy D. Cole P.O. Box 222 Summerdale, P A 17093 Jami E. Moose 3519 Chestnut Street Camp Hill, PA 17011 Robin J. Harbold 3525 Chestnut Street Camp Hill, PA 17011 Anthony L. Cole 194 Holiday Avenue Mechanicsburg, P A 17050 VIRGINIA & JERRY COLE'S GRANDCHILDREN NAME ADDRESS & PARENT Amber Lynn Moose 3519 Chestnut Street Camp Hill, PA 17011 (Jami E. Moose) Ashley Marie Harbold 3525 Chestnut Street Camp Hill, PA 17011 (Robin Harbold Lynn (Lee) Harbold) Dustin Lee Harbold 3525 Chestnut Street Camp Hill, PA 17011 (Robin Harbold Lynn (Lee) Harbold) Given the number of descendants, and the normal parental interest in one's children, it is unlikely that the Beneficiaries will appoint to anyone other than their spouses, children or grandchildren. It is the belief of the Executors and Trustees that none of the assets of the Trust will pass to 12% or 15% beneficiaries, and they therefore propose that the assets of the Trust be taxed at 4.5%. ESTATE OF VIRGINIA B. RICKER SSN: 149-05-9733 DOD: 09/18/2002 PENNSYLVANIA INHERITANCE TAX RETURN INDEX TO EXHIBITS Document 1. Last Will and Testament and Codicil 2. The Daniel M. Ricker, Jr. and Virginia B. Ricker Irrevocable Charitable Remainder Unitrust for the benefit of Mercers burg Academy 3 The Daniel M. Ricker, Jr. Charitable Remainder Unitrust for the benefit of Princeton University 4. The Daniel M. Ricker, Jr. Revocable Trust 5 The Virginia B. Ricker Revocable Trust and Amendments 6 Residnary Calculation Return Reference Page I, Line 8 Schedule E, Item 9 Schedule E, Item 10 Schedule G, Item 13 Schedule G, Item 14 :f:f'~~~, -..... '\1;~~~~~~"~~~/I~~~~"":,, ""n~1...\.... I ~'. ~tt~~,~:,-..,-;,..;..~~ ..., .. '~,'....' ~~ ~-~,,-_......,,'':'':';''''.- ,~, . - .,.~.. .'..,\...,--;~,~~.,:. L:; ..i:;-__ , ti> LAST WILL AND TESTAMENT OF VIRGINIA B. RICKER I, VIRGINIA 8. RICKER, of Mechanicsburg, Cumberland County, Pennsylvania, being of sound and disposing mind and memory, do make, publish and declare this to be my Last Will and Testament, hereby revoking all Wills and Codicils by me any time previously made. ITEM I: All inheritance, estate and similar taxes becoming due by reason of my death, except any taxes relating to generation skipping transfers imposed under Chapter 13 of Subtitle 8 of the Internal Revenue Code, as amended, ("Death Taxes"), whether such Death Taxes shall be payable by my estate or by any recipient of any property, shall be paid by my Executor out of the property passing under ITEM IV of this Will as an expense and cost of administration of my estate, and to the extent that such Death Taxes are in excess of the property passing under ITEM IV, by the Trustee of the trust described in ITEM IV, and such Trustee shall charge such payment of Death Taxes against the assets passing to the Unified Credit Trust 3(0141).1 Page 1 of 8 created thereunder to the fullest extent possible; provided, however, that if any property held in any testamentary or inter vivos trust created by my husband, DANIEL M. RICKER, JR. ("My Husband"), is includable in my estate for purposes of any Death Tax, then any Death Tax attributable to the inclusion of any such property in my estate for the purposes of that Death Tax shall be paid out of such property or by the recipients of such property, and if such Death Taxes are nevertheless paid by my Executor, I direct my Executor to obtain reimbursement or contribution for any such taxes paid by my Executor. Except to the extent above provided, my Executor shall have no duty or obligation to obtain reimbursement for any Death Taxes paid by my Executor, even though paid with respect to proceeds of insurance or other property not passing under this Will. ITEM II: I hereby exercise all powers of appointment which I may have at the time of my death in favor of my Executor, and all property subject to all such powers of appointment shall be included in my estate and be governed by the provisions of this Will. ITEM III: I give and bequeath all of my household furniture and furnishings, automobiles, books, pictures, jewelry, china, crystal, appliances, silverware, wearing apparel Page 2 of 8 ~i.~t11~~':;-ii:::;." ;:,' '-'~'If",''''''.', ',": ""'~,-::'"-':;'~~~'c!.ir'Mt;'~-:.;j~: n.. 'N""""",;~~~~,,,,,,, ,!s . . ,~~.~~:,. _ .t4'~~ ~.):( '. jj:,~~, - (~,'" ::,\'''''*'& . . o' . '-'. _ _ _' ~":.-Y: ,.'- 1:~'!~7;.;7: ...'.' .1'. . 1:><......,. ...!:.,_,~6... ,.. and all other like articles of household or personal use or adornment to my children living at my death in as nearly equal shares as they shall select under the supervision of my Executor. If any such articles cannot be fairly divided or distributed in kind in the opinion of my Executor, such articles shall be sold and the proceeds thereof shall pass as a part of my residuary estate. ITEM IV: I give, devise and bequeath all the rest and residue of my property, real, personal and mixed, not disposed of in the preceding portions of this Will, to the then Trustee of "The Virginia B. Ricker Revocable Trust" created by a declaration of trust dated July 31, 1989, amended and restated as of March 13, 1992 and as amended of the date of my death, of which I am the Settlor and Trustee. ITEM V: No interest in income or principal of my estate shall be subject to attachment, levy or seizure by any creditor, spouse, assignee or trustee or receiver in bankruptcy of any beneficiary of my estate prior to the beneficiary's actual receipt thereof. My Executor shall pay over the net income and the principal to the beneficiaries herein designated. as their interests may appear, without regard to any attempted Page 3 of 8 ~~~~' \':/~F~:ty~'~ . ...... ". . -~~,,;,:;,)':'<J1::~;;fl-?j'~~.ir~~.:~.~~.~~:+.f~,,",~';. '. 'i~7'" 'l<.',r"'t';'~;7".:'!''':"fi~#..~~it~~,~, :.0' "")0-" _~':', . .,'-' ,'.....,.. .".~,:.~~._Jj,,_'. "I"' ,...i..~':.~::t:. ......~, ,.......... .... 'iib.;'''''" ".'- ~'''I'''''''''1l'''- -""!L"'~"~":"'".\:'l-~'~''''';''' '.,.'"', ,- ~~4~\~{?~.'." f.;tf,;\1t!~:~':~{~.~,~~f~\-'~:~..:.'.:i .:, . .....~., . ".0.;.;:.. ..-'. . "', . :'" .:.'....-~. .. -' .- .. anticipation (except as may be specifically provided herel~), pledging or assignment by any beneficiary of my estate and without regard to any claim thereto or attempted levy, attachment, seizure or other process against said beneficiary. ITEM VI In the settlement of my estate, my Executor shall possess, among others, the following powers to be exercised for the best interests of the beneficiaries: (a) To retain any investments I may have at my death so long as my Executor may deem it advisable to my estate so to do. (b) To vary investments, when deemed desirable by my Executor, and to invest in such bonds, stocks, notes, real estate mortgages or other securities or in such other real estate or personal property as my Executor shall deem wise, without being restricted to so-called "legal investments." (c) In order to effect a division of the principal of my estate ~r for any other purpose, including any final distribution of my estate, my Executor is authorized to make said divisions or distributions of the personalty and re'alty partly or wholly in kind. If such division or distribution is made in kind, said assets shall be divided or distributed at their respective values on the date or dates of their division or distribution. In making any division or distribution in kind, my Executor shall divide or distribute said assets in a manner which will fairly allocate any' unrealized appreciation among the beneficiaries. (d) To sell either at public or private sale and upon such terms and conditions as my Executor may deem advantageous to my estate, any or all real or personal estate or interest therein owned by my estate severally or in conjunction with other persons or acquired after my death by my Executor, and to consummate said sale or sales Page 4 of 8 :".:' .- :;;: " ";~'~"',.. " .', ,;:' by sufficient deeds or other instruments to the purchaser or purchasers, conveying a fee simple title, free and clear of all trust and without obligation or liability of the purchaser or purchasers to see to the application of the purchase money or to make inquiry into the validity of said sale or sales; also, to make, execute, acknowledge and deliver any and all deeds, assignments, options or other writings which may be necessary or desirable in carrying out any of the powers conferred upon Executor in this paragraph or elsewhere in this Will. :~ (e) To mortgage real estate and to make leases of real estate for any term. .:~ (f) To borrow money from any party, including my Executor, to pay indebtedness of mine or of my estate, expenses of administration, Death Taxes or other taxes. ;,,~ . ~. ,. ~; to;' i~~ (g) Subject to ITEM I hereof, to pay all costs, Death Taxes or other taxes, expenses and charges in connection with the administration of my estate, and my Executor shall pay the expenses of my last illness and funeral expenses. ~,~ it." f,' " C' II". jl~ i~ : 1'.-. f.; ,: (h) To vote any shares of stock which form a part of my estate or trust and to otherwise exercise all the powers incident to the ownership of such stock and to actively manage and operate any unincorporated business, including any joint ventures and partnerships, and to incorporate any such unincorporated business, with all the rights and powers of any owner thereof. " :,,1 , (i) In the discretion of my Executor to unite with any other owners of similar property in carrying out any plans for the reorganization of any corporation or company whose securities form a part of my estate. (j) To assign to and hold in my estate an undivided portion of any asset. (k) To hold investments in the name of a nominee. (1) To compromise controversies. . Page 5 of 8 , ( , t If ~p;:': , .. ITEM VII: In the settlement of my estate: (al My Executor shall not be personally liable for any loss to my estate or to any beneficiary of my estate resulting from an election made in good faith to claim a deduction as an income tax deduction or as an estate tax deduction; nor, as a result of such election, shall any compensating adjustments be made between income and principal or in the amount of any gift under this Will to my spouse intended to qualify for the marital deduction for federal estate tax purposes. (b) In valuing property in my gross estate for the purposes of any death Tax, my Executor shall not be personally liable for any loss to my estate or to any beneficiary or my estate resulting from my Executor's decision made in good faith to use a particular valuation date; nor, as a result of such decision, shall any compensating adjustment be made in the amount of any gift under this Will to my spouse intended to qualify for the marital deduction for federal estate tax purposes. ITEM VI II : If at any time any minor shall be entitled to receive any assets free of trust by reason of my death, whether payable hereunder, by operation of law or otherwise, I appoint ALLFIRST BANK. a state-chartered Maryland bank, as Guardian of such assets authorized by law payable to such minor. The Guardian may receive, administer and shall have full authority to use such assets. both principal and income, in any manner the Guardian shall deem advisable for the best interests of the minor, including college, university. graduate or other education, without securing a court order. The Guardian shall have all the rights and privileges in its Page 6 of 8 ,.' ..". ... '.' '.~ ."' '".';. " capacity as Guardian as are herein granted to my Executor as ~o my estate. ITEM IX: I hereby appoint my daughter, VIRGINIA R. COLE and my son, DANIEL M. RICKER, III, as Co-Executors of this Will. If for any reason either of them should fail or cease to act, then my daughter-in-law, DONNA M. RICKER shall act as Co-Executrix with the survivor. If any two of Virginia R. Cole, Daniel M. Ricker, III and Donna M. Ricker shall fail or cease to act, the survivor shall serve as sole Executor with all the powers granted to the Co-Executors. Should Virginia R. Cole, Daniel M. Ricker, III and Donna M. Ricker all fail or cease to act, ALLfIRST BANK, a state-chartered Maryland bank, shall act as sole Executor. All references in this Will to my "Executor" shall refer to my origina:lly named Co-Executors, the successor Co-Executors or to my sole successor Executor, as the case may be. ITEM X: Any Guardian and Executor shall qualify and serve without the duty or obligation of filing any bond or other security. Any corporate fiduciary shall be entitled to compensation for services in accordance with the standard schedule of fees in effect when the services are rendered. Page 7 of 8 "'" '-f',~ ::1';.\;.. '( : ,.; uJ>:.,', ", . ;'...,.".....~.i~..'~:c,ltl\."::.;;...x,;~~)~.f.'.'i./ I!i;;.;:;;',,~,~~:,,'-~;: i. ~;; ~';7/tl ;;;-,~\<, ~',"~~~~_'':. '~~.' "~\~~~:~'~.!tr.r~~:~~'-'1'::'\lm~,:" .,.. ~fii':~A::~.::~~:~.j.-~"~..~.,.",:..;,:,,,,~. ~. ," ~i'j~~.".,,~.,~..~,....;t.' ','?'l~""'~#,!"'''"~~~'':'''~\'-,'-I.'' . ~ . .~ . r ~'~~~ ('t6" ';:t'~K~' ~"{::~~~1../~:~t~!J~~'1Vh:.~i' ,.'7;~'~~ ",,,.;,.~.:;t::i-,,',l'if :"..;; !~.~~.:t~;~~t.'f:i~~..}~~:;~+.!Jt.~'~~~l:~.~;:~J~~.";":'~t;.~~~>. ITEM XI: I recommend that my ~xecutor consider Henry W. Rhoads and Rhoads & Sinon LLP, who are familiar with my affairs, as counsel to my Estate. IN WITNESS WHEREOF, I have set my hand and seal to this, my Last Will and Testament, consisting of this and the preceding seven (7) pages, this I~ .h day of Ju./ ',I , 1999. . t:-lt r"h t, i....~.<):,,,.--(SEAL) Virg n~a B. Ricker We, the undersigned, hereby certify that the foregoing will was signed, sealed, published and declared by the above named Testatrix as and for her Last Will and Testament, in the presence of us, who, at her request and in her presence and in the presence of each other, have hereunto set our hands and seals the day and year above written, and we certify that at the time of the execution thereof, the said Testatrix was of sound and dispos?~ m~nd and memory. \ '. t.... /':'r-':::"') (SEAL) ~,( (17':1.f.-:/(dr ,/.,;./-" (SEAL) Residing at: fIt r,";l('iC'e\l1\,t!.:1C"(( f'j-. I~ a..,..ri~ bu 171. P A- I 71/ ~'J -' (SEAL) Residing at: Page 8 of 8 ,;,'-., .,' CCMM:N~SA:~ri ~~ ?S~;. "'{:VA~IA ss: COUNTY OF /" ~." J'~ ':-(...... .,,"~.- - -- / -- --..".r:: I, Virginia B. Ricker, Testatrix whose name is signed to the attached or foregoing instrument, having been duly qualified according to law, do hereby acknowledge that I signed and executed the instrument as my Last Will; that I signed it willingly; and that I signed it as my free and voluntary act for the purposes therein expressed. "...... r c.~ ' ~ ..............1 -.. . - ... " .. t.... Virg~ia B. Ricker (SEAL) Sworn or affirmed to and acknowledged before me, by Virginia B. Ricker, the Testatrix, this I~fh day of 1"111.{ I , 1999. I j ~r ~_,I/~~.~ ,/~,.I-' ~. ry publiC. My Commission Expires: (SEAL) Notarial Seal Yvonne R. Ourhlln. ~ PublIc Hanisburg. Dauphin COunty My Ccmmiaoioil expires Aug. 20. 2001 'hlmi1o< ""onsvwa"'. MSll':la1ion 0' ~ntIries '-' ">'\>'~J'.'~'''-l;ii':.:&lr.::Ji,;.:'' , " -' i,.:,/.~...:.ts'~?~~..~:::t:J!~~l~f~?~ _, t :. ..":..;~:\';'~~f:.~~;;'t'~~~~m-. .~~,. . .'.. ',,; \.'.-.:. :~>,~~':';.f:tl(,: :_:.~~,~~Vf;t :{~~." ;",,:JAV:-:: COMMONWEALTH OF PENNSYLVANIA COUNTY OF &?'1c.t~ ~t.'0 -"7' / '- c? ' ;U/,:~. 1/(/ ';C/.4.:-t,..?,J - // v' , the witnesses whose SS: We, u,' q, /1..~-rA"'.I'/,/--fr- 1/ , and names are signed to the attached or foregoing instrument, being duly qualified according to law, do depose and say that we were present and saw Virginia B. Ricker, the Testatrix, sign and execute the instrument as her Last Will; that she signed willingly and that she executed it as her free and voluntary act for the purposes therein expressed; that each of us in the hearing and sight of the Testatrix signed the Will as witnesses; and that to the best of our knowledge the Testatrix was at that time eighteen (18) or more years of age, of sound mind and under no constraint or undue influence. Sworn or affirmed to and subscribed to before me _. I "")'// \.. ~,) t1 {) /):~~'/c ~ /4e ", )C;&.~p, .1V,O,J I ,/,. '" ..... ..t". ,.,~ ....;- I) p / /,e.t;i \,. , witnesses, this day by and of Wi ", ~~ ' ..... ,< .;.( 'j' // (, I .. l~ , 1999. Witn Witness Nolarial Sell PullIiC 'NoM8 R, eumam. Nolar{ HarrisbUrg. Oa'!P""'.~~ 2001 My eommlSSlOn Explr8S ....". . Member. Pen~lYania AsSOCiation oll'loWilS -, (i{V~ ,(,c ':/v&~'f./-ar-- Nota y Public ,M{ Gommission Expires: (SEAL) ~; :" ,:.". i;~: '~",'.' ""':\!.":~i<~~:<~~?~~"'\':'" "': ", .:~. .," ..;.......::tJk..~.{l~~~_~~~. -,? -:;:.,..,: .:':":"'~:":';,:..:%~~;~\~~~~~;~:.""~~~~..~~.~.~ ;J<.- . '. . " r:;,,' '....1".' ",,:, )~~j~~/.',/,., . ~-':'')o~ . - --'''r'' ~~iO(~.'~' .~, . .. . ~v<<~. ~. " l:tili,~t(i~~t.~'f'" . _'*, . iI' .~~ ;;r;..."" ..' .,~.;~,.tf'"-:1j.-' ., . .':j. .."":....-;"hl:bl .,.::~..,\I;;t;.~':".Jl'k:.,''f.... ' .,' ~~k~:.:'. .,~;:_ -~~-':~ - ,._';;'c~~ -.": _ ,..-Irl1. _ . -'. _>-., . -:. ...... . ~'" ~ .~:!i~ ~ .~.. >,j.-'" '. :-.-::=-:--1 '. -.-=-- :t;J~ .' "" . \ .l;-~ 1~'I(_.:.. 1~1f_~ . -'J .."., .~. . ;r' <.. ~ I :'1(. ~ ~ "~ . - 'J,' " , , ";;"". -I"h.~ . -." '_ ,-t.,' _ ~(;q. _ '_ t.fo'-.FJ.1'.~,..~r~."';1t. - . ___ -. , '. '~ . _ . . . '.j. ~. ~. - CODICIL TO THE LAST WILL AND TESTAMENT OF VIRGINIA B. RICKER I, VIRGINIA B. RICKER, of Mechanicsburg, Cumberland County, Pennsylvania, being of sound and disposing mind and memory, do make, publish and declare this to be a Codicil to my Last will and Testament dated July 16, 1999. 1. I hereby revoke ITEM IX of my said Last Will and Testament and in lieu thereof substitute the following ITEM IX: I hereby appoint my daughter, VIRGINIA R. COLE, my son, DANIEL M.- RICKER, III, and my daughter- "ITEM IX: in-law, DONNA M. RICKER, as Co-Executors of this Will. If for any reason anyone of them shall fail or cease to act, then the two survivors shall act as Co-Executors with all the powers granted to the three Co-Executors. If any two of Virginia R. Cole. Daniel M. Ricker, III and Donna M. Ricker shall fail or cease to act, the survivor shall serve as sole Executor with all the powers granted to the Co-Executors. Should Virginia R. Cole, Daniel M. Ricker, III and Donna M. Ricker all fail or cease to act, ALLFIRST BANK, a state-chartered Maryland bank, shall act as sole Executor. All references in this Will to my "Executor" shall refer to my originally named Co-Executors, the successor Page 1 of 2 pages 306714.1 I Co-Executors or to my sole successor Executor, as the case may be. II IN WITNESS WHEREOF, I have hereunto set my hand and seal to this Codicil to my Last Will and Testament, consisting of this and the preceding one (1) page, this ;) (0 day of August, 1999. 'v~:"";b"" ~~-- r:; r";:,d./h~'-'L/ Virgi ia B. Ricker We, the undersigned, hereby certify that the foregoing Codicil was signed, sealed, published and declared by the above- named Testatrix as and for a Codicil to her Last Will and Testament, in the presence of us, who at her request and in her presence and in the presence of each other, have hereunto set our hands and seals the day and year above written, and we certify that at the time of the execution thereof, the said Testatrix was of sound and disposing mind and memory. W NESS: G~ / " Residing at: ?" J '1' l~'< c.n<-v.Jt f4 C)?~ ~ft--: ResJ.dJ.ng at: III 1-1 ,rlrl,. ,,'" O~,n !,,;, , Horn Shi.l~ i i\\ Residing a' : it j, ,/ " (, ~j-/"f'i/{/.ti'jo) '.,(...,J Page 2 of 2 pages COMMONWEALTH OF PENNSYLVANIA COUNTY OF /~ .:... (/ ;)'- '.(" ~'_':..' 'J!...<' ss: I, Virginia B. Ricker, Testatrix whose name is signed to the attached or foregoing instrument, having been duly qualified according to law, do hereby acknowledge that I signed and executed the instrument as a Codicil to my Last Will; that I signed it willingly; and that I signed it as my free and voluntary act for the purposes therein expressed. 1. _'0"" ''''.:~- )~;. /).,;; ',' ( SEAL) Virgin~a B. Ricker Sworn or affirmed to and acknowledged before me, by Virginia 8. Ricker, the Testatrix, this "2~Lr~,I- , 1999. .1;,.iX. day of / \"i , ~(/..,,-(..;<,!, No ary Public I I MY Commission .k..l- '- 1.-,(.;., Expires: (SEAL) Notarial Seal Vvcnne R. Durham. Notary Public Harrisburg. Oauphin County loA! (:'ommission Expires Aug. 20. 2001 Member, """,,.\I.,l1Ia AssOCiaUon 01 Nolana 306714.1 " AFFIDAVIT COMMONWEALTH OF PENNSYLVANIA '1 /.. COUNTY OF U/7,<M,,!;I-/-,{ 55: We, /)/' l'~~:X'~~~l /: , , '. ~,,; y/ /~,,& ~ .-' !,/:(,::; /}/ /. '--, ~ / , 1:. /',/i"'/-,-<t!.;;'~,,;~ ,I and , the witnesses whose names are signed to the attached or foregoing instrument, being duly qualified according to law, do depose and say that we were present and saw Virginia B. Ricker, the Testatrix, sign and execute the in~trument as a Codicil to her Last Will; that she signed willingly and that she executed it as her free and voluntary act for the purposes therein expressed; that each of us in the hearing and sight of the Testatrix signed the Will as witnesses; and that to the best of our knowledge the Testatrix was at that time eighteen (18) or more years of age, of sound mind and under no constraint or undue influence. Sworn or affirmed to and sUbscribed to before me by .'...u;,c'w' I, /J .~./ :7 . ) ',,p'/, /., " .....-./~-"'-- 4, <-l, kA},,.-ALv?l,,.- ! wi tne'sses, this ".?j,.6L and day of -~ 1./ '. d. ' ,J: ; yry' ~"'; n/ : ...1 ./ {(tL/7"/ ...f v , 1999. '.:- Witness Witness r ,/J J / /-If.{ ..I{....-.:_~ .,.(Lu..;.../_a-r- N9't ry Public ~y Commission Expires: (-S'EAL) Notarial Seal Yvonne R. Durham. Notary Public Hamsburg. DauPhin County My' Commission Explfes Aug. 20. 2001 '-;;;::.---;- ; '.-:-;-c7 "'~ll'?l .'\~'Soci'lion of NotarieS THE DANIEL K. RICKER. JR. and VIRGINIA B. RICKER IRREVOCABLE CHARITABLE REMAINDER UNITRUST This Trust Agreement made and entered into this -1..b. day of .~, 1998, by and between DANIEL M. RICKER, JR., of Paxtang, Dauphin countf/. Pennsylvania (herein referred to as the "Donor") and DAUPHIN DgPOSIT BANK AND TRUST COMPANY, a Pennsylvania banking corporation with offices in Harrisburg, Dauphin County, Pennsylvania (hereinafter referred to as the "Trustee"). WITNESSETH: WHEREAS, the Donor desires to establish a charitable remainder unitrust within the meaning of Section 4 of Internal Revenue Service Rev. Proc. 90-30 and Section 664(d)(2) of the Internal Revenue Code of 1986 (hereinafter referred to as the "Code"). NOW, THEREFORE, for and in consideration of their mutual covenants and promises, the parties hereto agree as follows: ARTICLE I Trust Assets The Donor hereby absolutely and irrevocably conveys, transfers and assigns to the Trustee all of the Donor's right, title and interest in and to the assets listed on Schedule "A", attached hereto and by this reference made a part hereof (hereinafter referred to as the "Trust Assets"). The Trust Assets shall be held, administered, distributed and governed by the Trustee, IN TRUST NEVERTHELESS, in accordance with the provisions of this instrument. With the consent of the Trustee, the Donor may transfer other assets to this Trust. ARTICLE II Pavment of Unitrust Amount In each taxable year of the Trust, the Trustee shall pay to DANIEL M. RICKER, JR., the Donor herein, during his lifetime, and after his death, to VIRGINIA B. RICKER (herein referred to as the "Recipients"), a unitrust amount equal to Six Percent (6.0') of the net fair market value of the assets of the Trust valued as of the first day of each taxable year of the Trust (such date shall be referred to as the "valuation date"). The unitrust amount shall be paid in equal quarterly amounts on the last day of each calendar quarter from income and, to the extent that income is not sufficient, from principal. Any income of the Trust for a taxable year in excess of the unitrust amount shall be added to principal. If for any year the net fair market value of the Trust assets is incorrectly determined, then within a reasonable period after the value is finally determined for federal tax purposes, the Trustee shall pay to the Recipient(s) (in the case of an undervaluation) or receive from the Recipient(s) (in the case of an overvaluation) an amount equal to the difference between the unitrust amount properly payable and the unitrust amount actually paid. ARTICLE III Pavment of Federal Estate Taxes and State Death Taxes The lifetime unitrust interest of the survivor Recipient will continue in effect upon the death of the first Recipient only if the survivor - 2 - Recipient furnishes the funds for payment of any federal estate taxes, generation skipping taxes, or state death taxes for which the Trustee may be liable upon the death of the first Recipient to die. ARTICLE IV Proration of the Unitrust Amount In determining the unitrust amount, the Trustee shall prorate the same on a daily basis for a short taxable year, the year of the death of the first Recipient and for the taxable year ending with the survivor Recipient's death, all in accordance with Treasury Regulation Section 1.664-3(a)(I)(v). ARTICLE V Distribution to Charity Upon the death of the survivor Recipient, the Trustee shall distribute all of the then principal and income of the Trust (other than any amount due either of the Recipients or the Recipients' estates under the provisions above) to THE MERCERSBURG ACADEM'f, Mercersburg, Pennsylvania, (hereinafter referred to as the "Academy") to be held as an endowment fund for scholarship purposes, to be known as the "Daniel M. Ricker, Jr. and Virginia B. Ricker Scholarship Fund". If the Academy is not an organization described in Sections 170(b)(1)(A), 170(c), 2055(a) and 2522(a) of the Code at the time when any principal or income of the Trust is to be distributed to it, then the Trustee shall distribute such principal or income to such one or mQre charitable organizations which are then described in Sections 170(b)(I)(A), 170(c), 2055(a) - ) . and 2522(a) of the Code, as the Trustee shall select in its sole discretion, keeping in mind the Donor's charitable interests. ARTICLE VI Additional Contributions If any additional contributions are made to the Trust after the initial contribution, the unitrust amount for the year in which the additional contribution is made shall be Six Percent (6.0%) of the sum of (a) the net fair market value of the Trust assets as of the valuation date (excluding the assets so added and any income from, or appreciation on, such assets) and (b) that proportion of the fair market value of ehe assets so added that was excluded under (a) that the number of days in the period that begins with the date of , " contribution and ends with the earlier of the last day of the taxable year or ehe date of the termination of the Trust bears to the number of days in ehe period that begins on the first day of such taxable year and ends wieh the earlier of the last day in such taxable year or the date of the termination of the Trust. In the case where there is no valuation date after the time of contribution, the assets so added shall be valued as of the time of contribution. ARTICLE VII Prohibited Transactions The Trustee shall make distributions at such time and in such manner as not to subject the Trust to tax under Section 4942 of the Code. Except for the payment of the unitrust amount to the Recipients, the Trustee shall noe engage in any act of self-dealing, as defined in Section 4941(d) , and shall noe - 4 - make any taxable expenditures, as defined in Section 4945(d). The Trustee shall not make any investments that jeopardize the charitable purpose of the Trust, within the meaning if Section 4944 and the regulations thereunder, or retain any excess business holdings, within the meaning of Section 4943(c). ARTICLE VIII. Taxable Year The caxable year of che Trust shall be che calendar year. ARTICLE IX GoverninlZ Law The operation of the Trust shall be governed by the laws of che Commonwealth of Pennsylvania and its situs shall be Dauphin Councy, Pennsylvania. The Trustee, however, is prohibited from exercising any power or discretion granced under said laws Chat would be inconsistent with che qualificacion of che Trust under Section 664(d)(2) of the Code and the corresponding regulations. ARTICLE X IrrevocabilitV - Limited Power of Amendment This Trust shall be irrevocable and, except as provided below, shall not be subject to any amendment or alteration. The Trustee, however, shall have the power, acting alone, to amend che Trust in any manner required for the sole purpose of ensuring that the Trust qualifies and continues to qualify as a charitable remainder unitrust within che meaning of Section 664(d)(2) of the Code. - 5 - ARTICLE XI Investment of Trust Assets Nothing in this Trust instrument shall be construed to restrict the Trustee from investing the Trust assets in a manner that could result in the annual realization of a reasonable amount of income or gain from the sale or disposition of Trust Assets, ARTICLE XII General Powers of Trustee The Trustee shall possess, among others, the following powers, both as to principal and income, to be exercised for the best interests of the beneficiaries, subject always, however, to all of the provisions and restrictions set forth in all other ARTICLES hereof: (a) To retain any investments so long as the Trustee may deem it advisable so to do. (b) To vary investments, when deemed desirable by the Trustee, and to invest in such bonds, stocks, notes, real estate mortgages or other securities or in such other real or personal property including securities owned, issued or underwritten by the Trustee or any of its affiliates or as to which the Trustee or any of its affiliates are investment advisors, as the Trustee shall deem wise, without being restricted to so-called "legal investments," (c) To pay all costs, taxes, expenses, and charges in connection with the administration of the trust. (d) To vote any shares of stock which form a part of the trust and to otherwise exercise all the powers incident to the ownership of such stock, and to hold investments in the name of a nominee. (e) To select, employ and compensate any person, firm or corporation engaged in rendering investment counsel advice to advise the Trustee in making investments, managing securities or making decisions concerning the purchase, retention, sale or other disposition of any part of the trust estate hereunder; and to - & - select, employ and compensate any attorney or firm of attorneys to render legal services to the Trustee with respect to the trust estate hereunder. The Trustee shall not be empowered to exercise any power if and Co the extent that such power, if effective, would disqualify the Trust as a charitable remainder unitrust under Section 664(d)(2) of the Code. ARTICLE XUI ConcerninJ the Trustee The Trustee shall serve without the duty or obligation of filing any bond or other security. The Donor reserves the right to remove any Trustee serving hereunder so long as the Donor appoints a successor Trustee which is qualified to serve as Trustee of a charitable remainder unitrust under Section 664(d)(2) of the Code. The Trustee may resign at any time and for any reason so long as it appoints a successor which is both a) another organization described in Section SOI(c)(3) of the Code or a bank or trust company and b) authorized to serve as a trustee under the laws of the Commonwealth of Pennsylvania and under Section 664(d)(2) of the Code. Any such resignation and/or appointment of a successor shall be by written notice to the Recipients, the Trustee and the Academy and shall be effective without court approval. The Trustee shall be entitled to reasonable compensation for services rendered. No successor Trustee shall be liable for the acts or omissions of the Trustee occurring prior to che successor Trustee taking office. Any compensation payable to Trustee shall not be charged to or reduce the unitrust amount. All references herein to "Trustee" shall refer to the original Trustee or any successor, as the case may be. - 7 - IN WITNESS WHEREOF, the Donor has hereunto set his hand and seal and the Trustee has caused this Agreement to be signed by its (Vice) President and to have its seal affixed to and to be attested to by its (Assistant) Secretary, all on the date and year first above written. WITNESS: DONOR: ~J~ ,.-- . Lv~L. ~J-,J. Daniel M. Ricker, Jr. (SEAL) TRUSTEE: ATTEST: Dauphin Deposit Bank and Trust Company < 'Y /9-ea)lf~ Sf/P Title: RAYMOND A M<GFADVUS'fP , 111:271 - 8 . The Daniel M. Ricker, Jr. and Virginia B. Ricker Charitable Remainder Unitrust Schedule A 5/22/98 - 8443 shares Allied Irish Banks, PLC represented by Certificate #BNY9741 dated 5/19/98, registered in the name of Daniel M. Ricker, Jr. WITNESS: DONOR: u~eJ<A~ m . gL~.l- Daniel M. Ricker, Jr. (SEAL) ATTEST: TRUSTEE: Dauphin Deposit Bank and Trust Company ~i~~i:t:<<&C -.-/ :aSSISTANT Stan t..!l., BY:~ t\ 1~ Title: Vice presidenc and Trust Officer COMMONWEALTH OF PENNSYLVANIA ) ) SS: COUNTY OF ) On this, the , / day of , 1998, before me, a notary public, the undersigned officer. personally appeared Daniel M. Ricker, Jr., known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and official seal. ~p ~c~ Expires: (SEAL) Notarial Seal . R Durham, Notary Public '(\lonne . . C untY Harrisburg. Dauphl"A gO 20 2001 My Commission ExpIres u. . . Member, f'ennsylvama Association of Notanes - 10 - COMMONWEALTH OF PENNSYLVANIA COUNTY OF Af c~_!--'t<.-~'-' ) ) 5S: ) On this, the , l7c..- / .3 day of /'/ '~{r .< , r- / ~, .- fi, ~../ ....-r-/rCt/I..r-JJU'-f,_~ ,fe. ~;7(<::'~.,Y-<:---c~il- I who f-,('L~' --~-~~<-~j .of Dauphin 1998, before me, the undersigned officer, personally appeared acknowledged himself/hnself to be the _.J, Deposic Bank and Trust Company, a Pennsylvania banking corporation, and that he/she as such ~ , being authorized to do so, executed the foregoing Agreement of Trust for the purposes therein concained by signing the name of the corporation by himselffhpr.pl~ as ~Y~-iJ -'~_ IN WITNESS WHEREOF, I hereunto set ~ hand and official seal. /~ ,/ h c: - - (' ~""L-- , ~",tL-L ~ ary Public My Commission Expires: (SEAL) NOlarial Seal Joanne M. Crouthamel, Notary Public Harrisburg. Dauphin County My Commission Expires June 14. 199~ , THE DANIEL M. RICKER, JR. CHARITABLE REMAINDER UNITRUST For the Benefit of PRINCETON UNIVERSITY This Trust Agreement is executed on and effective as of the year and date written below by and between the undersigned, Daniel M. Ricker, Jr., (the "Settlor") and The Trustees of Princeton University (the "Trustee"). The Settlor hereby transfers and the Trustee hereby accepts the property described in Schedule A attached hereto, said property to be held IN TRUST, for the purposes and subject to the provisions hereinafter set forth: 1. DESIGNATION This Trust shall be a Charitable Remainder Unitrust, as designated in Paragraph 18 hereof. This Trust is hereby expressly declared to be IRREVOCABLE and not subject to amendment or modification in any manner by the Settlor. 2. BENEFICIARY. TERM & AMOUNT In each taxable year of the Trust, the Trustee sha1l pay to the Beneficiaries designated, for the Term designated, six percent (6") of the net fair market value of trust assets, as determined each year, all as set forth in Paragraph 18 hereof, subject to the terms and conditions of this Trust Agreement. 3. MISTAKE Each Beneficiary is believed to be living at the time of creation of this Trust. In the unlikely event no Beneficiary is living at the time of an intended transfer to this Trust, any money or property intended to be transferred sha1l pass directly to The Trustees of Princeton U niversity (or such other orpn;....rioo as may be entitled thereto pursuant to Paragraph 6 hereof) separate tiom this Ttust. 4. PAYMENTS The payments to be made pursuant to Paragraph 2 hereof sha1l be made in quarterly installments as of the last day of each fiscal quartet, and sha1l be paid out as soon as practicable after the close of each quarter. Such payments sha1l be deemed to have been made from (and have the characteristics of) income or principal (or any type thereof) in such order of priority or allocation, and with such adjustments, as may be provided in the Code. In determining the Unitrust Amount for purposes of Paragraph 2 hereof and for other necessary purposes, the Trustee sha1l prorate on a daily basis, for a short taxable year and for the taxable year in.which a surviving Beneficiary's Term expires or in which payment of an Unitrust Amount may otherwise terminate. 5. REMAINDER Upon the termination of the last unexpired Term set forth in Paragraph 18 hereof, this Trust shall terminate, and all of the Trust Property shall be distributed free of this Trust to The Trustees of Princeton University (or such other organization as may be entitled thereto pursuant to Paragraph 6 hereof). 6. TAX STATUS If at the time any distribution is to be made from this Trust to The Trustees of Princeton University, such institution is not a "charitable" organization as described in Sections 170(b)(I)(A), 170(c), 2055(a) and 2522(a) of the Code of 1986 (hereinafter the "Code"), the Trustee shall make such distributions to such other organization described in said Sections of the Code as the Trustee may in its sole discretion select. 7. SECTION 664 QUALIFICATION It is the intention of the Settlor that this Trust shall qualify at all times from the time of its creation as a Charitable Remainder Unitrust pursuant to applicable provisions of the Code, and this Trust Agreement shall be so interpreted. To further carry out this intention, the Trustee is authorized to amend the provisions of this Trust Agreement for the sole purpose of complying with the requirements of the Code, and in particular Section 664 thereof. Such amendments shall be made by an instrument in writing, executed in the manner of this Trust Agreement, a copy of which shall be furnished to the Settlor and any Beneficiary. 8. POWERS OF TRUSTEES Except as limited by other terms hereof or otherwise provided for herein, the Trustee shall have all the powers and authority conferred upon Trustees by the laws of the State of New Jersey in effect at the time of execution of this Trust Agreement. No bond or other security shall be required of the Trustee or any successor Trustee. The Trustee shall have, with respect to any and all plCipetty which shall at any time constitute part of the assets of this Trust, the fonowing specific powers, in addition to those conferred by law, except as may be otherwise provided: A. To relaiD any such plopelty as an invesbDent without regard to the p,opottioa which such property or property of a similar character, so held, may bear to the entire amount of the trust in which such pro9CrtY is held, and whether or not such P10pe.ty is of the class in which Trustees are authorized by law or any rule of court to invest trust funds. B. To sell at public or private sale, either for cash or for other property; to convey; to pledge; to mortgage; to exchange; to partition; to grant options with respect 2 to; and generally in any manner to contract concerning, deal with and dispose of any Trust Property, on such terms as the Trustee in its absolute discretion may determine, even if extending beyond the term of this Trust; and to execute and deliver deeds, assignments, mortgages, hypothecations, agreements and other instruments of whatever nature in connection with the foregoing powers and any other powers granted hereunder or by law. C. To manage any real PIOperty in the same manner as if the absolute owner thereof, including, without limitation, the power from time to time to lease, or grant options to lease, any such real property for any period of time and although any such period may extend beyond the duration of this Trust, with any provisions for renewals thereof, without application to any court; to enter into any covenants or agreements relating to the PIOperty so leased or to any improvements then or thereafter erected thereon; to insure against loss by fire or other casualty; to make ordinary and extraordinary repairs and alterations to any building; to raze old buildings; to erect new buildings and to make other improvements; and to harvest and sell, or cause to be harvested and sold, any and all crops, timber or other produce of such real property. D. To invest and reinvest in property of any character, real or personal, foreign or domestic, including, without limitation, bonds, notes, debentures, mortgages, certificates of deposit, common and preferred stocks, and shares or interests in investment trusts, without regard to the proportion which such property or property of a similar character, so held, may bear to the entire amount of the trust in which such PIOpetty' is held, whether or not such 1'1upe.ly is of the class in which Trustees are authorized by law or any rule of court to invest trust funds. E. To consent to participate in, or to oppose, any foreclosure, liquidation or plan of reorganization, consolidation, merger, combination or other similar plan; to consent to any contract, lease, mortgage, purchase, sale, or other action by any corporation pursuant to such plan; to exercise stock options and all conversion, subscription, votin, and other rights of whatever nature pertaining to any such ptoperty; and to grant proxies, discretionary or otherwise, with respect thereto. F. To deposit any such property with any protective, voting trust, I..orplliftlrion or similAr committee; to delegate discretionary powers thereto; to pay part of the elfP""- and compensation thereof; and to pay any assessment levied with respec:C to such p.u.....lf. G. To appoint and compensate attorneys, accountants, brokers, investment counsel, investment managers, custodians, agents, clerb and other persons to act on its behalf and to delegate to any and all such persons discretionary powers. 3 H. To hold or cause to be held any such property in nominee registration, with or without indication of the fiduciary character thereof, or in unregistered form. I. To do ~ such acts, take all such proceedings and exercise ~ such rights and privileges, although not herein specifi~y mentioned with respect to any such property, as if the absolute owner thereof and in connection therewith to make, execute and deliver any instruments; and to enter into any covenants or agreements binding this Trust. J. To commingle such property with the invested endowment assets or other funds of the Trustee, assigning to the Trust herein established a specific number of units reflecting its value at the time in proportion to the value of all such assets or other funds, maintaining records which sufficiently identify the portion owned by the Trust and the income earned by, and attributable to, such portion. K. To pay from or reimburse itself out of the Trust any reasonable and proper attorneys' fees and other expenses incUI'l'ed by it in the administration of the Trust, including any taxes payable by the Trust under any existing or future tax law, any expenses of investment advisory or management services and any expenses of registering the Trust (or the interests of the beneficiary thereof) under any existing or future securities law which the Trustee in its sole discretion deems applicable. L. To temporarily hold cash or cash balances without liability for loss of income thereon; to lend assets of the Trust on such terms and for such periods as the Trustee may deem appropriate; to borrow or incur indebtedness (in any manner of form) with or without providing collateral or other security therefor on such terms as the Trustee may deem appropriate; and to establish depreciation, depletion, tax or any other accounts or reserves; to adopt an accounting method for the Trust, and to change it from time to time as permitted by tax or other laws. M. To the extent requiIed by tax or other laws, the Trustee shall withhold for tax pmposes from any payments otherwise due and take such other action with respect thereto as may from time to time be requiIed pursuant to law. N. To, in the exercise of discretion, limited by its fiduciary duties and other speM~ terms of this Trust. determine the income and principal of the Trust by alloc:adnl or apportioning between income or principal particular items of receipts, expenditures, gains and losses and determining the amounts thereof, if by reason of the method or nature of investments such amounts ale not readily determinable with precision, all as it considers fair and reasonable in each case but without departing fundamentally from concepts of local law , other provision of state law notwithstanding. 4 O. To resign by giving written notice to all interested persons. In case of any vacancy in the office of Trustee, a successor Trustee (other than an interested person) shall be appointed in writing by the resigning Trustee. No one dealing with the Trustee need see to the application of any money paid or property transferred to the Trustee or upon its order. P. To render an account of the Trust as often as annually to all interested persons (or, if not then of full legal capacity, to their legal guardian or similar legal representative). The written assent to any such account by each person of full legal capacity who is entitled to it as provided above shall fully protect the Trustee as to all matters or transactions stated in such account Or shown thereby. Q. To compromise or submit to arbitration any claim or matter in dispute. R. To give general or special proxies or powers of attorney (which mayor may not be discretionary and with power of substitution) for voting or acting with respect to securities, to join in any reorganization, and to pay assessments or subscriptions called for in coMection with securities held by the Trustee. 9. PROHIBmONS Notwithstanding any other provision hereof, the Trustee shall not engage in any acts of "self-dealing;" the Trustee shall not ma.Ice any "taxable expenditures;" the Trustee shall not ma.Ice any investment which may "jeopardize" the charitable purpose of this gift; and the Trustee shall not retain any "excess business holdings," all made applicable by Code Sections 4941,4945,4944, and 4943, respectively, and Section 4947, unless otherwise permitted by said Sections. The Trustee shall ma.Ice distributions at such time and in such manner as not to subject this Trust to tax under Section 4942 of the Code. 10. IN KIND DISTRIBUTIONS The Trustee may, in its sole discretion, ma.Ice any or all distributions in kind, provided that the adjusted basis (determined consistent with Federal income tax provisions) of any Trust Pro~t>, so distributed shall be fairly representative of the adjusted basis of all Trust Ploperty available for distribution on such date. 11. SPENDTHRIFT To the fullest extent permitted by law, payments to a Beneficiary shall not be assignable or transfmble by the Beneficiary, nor subject to attachment, anticipalion, alienation, or inlelwence or control of any creditor or spouse, in whole or in part, voluntarily or involuntarily, and any purported such action shall be void, except that a Beneficiary may by gifts from time to time transfer or assign all or any portion of the Beneficiary's interest herein to The Trustees of Princeton University. 5 12. DEATH TAXES The Trust Property shall not be liable for the payment of any debts or obligations of the Settlor or of any Beneficiary thereof or for the payment of any estate, death, inheritance, gift or other taxes that may become payable with respect to such Trust Property. The Settlor agrees to so provide in the Settlor's Will or otherwise, hereby imposing an obligation on the estate to pay any such taxes from other sources. 13. ACCOUNTING The determination by the Trustee of all matters with respect to what shall constitute principal of this Trust, gross income thereof, net income thereof, and the amounts distributable under the terms of this Trust, shall be governed by the laws of the State of New Jersey, except as any of such matters as may be otherwise provided for in this Instrument. 14. DEFINITIONS The "Trust Property" shall include all assets of the Trust, net of any liabilities and applicable taxes, and shall include: (a) any accrued but \IJU'elIli7M income attributable to any property transferred to this Trust; (b) any income or other gain (1'PJI1l7M or UD1'PJIli7M) with respect to any Trust Pro~ to the extent not deemed paid out pursuant to Paragraph 4 hereof. The "Code" shall mean the Internal Revenue Code of 1986, as amended, and to the extent applicable any Regulations promulgated thereunder and rulings or decisional law with respect thereto. Reference to any Sections of the Code or Regulations shall include any corresponding provisions of the tax laws in effect from time to time. The "Trustee" shall mean any Trustee, original or successor, for the time so acting. The masculine gender shall include the feminine and the singular the plural, unless otherwise indicated or permitted. IS. CONSTRUCTION This Trust Agreement and the Trust hereby created shall be governed, construed and administered in accordance with the laws of the designated State of New Jersey. Nothing in this Instrument shall be construed to restrict the Trustee from investing the Trust Property in a manner which could result in the annual realization of a reasonable amount of income or gain from the sale or disposition of Trust Pl.uperty. 16. VALUATION For purposes of determining the Unitrust Amount and for other nece,S"ry purposes, the Trust Pl.uperty shall be valued on the first day of each taxable year of the Trust. 6 Additions to the Trust in the form of property acceptable to the Trustee may be made at any time and shall thereafter be subject in all respects to the applicable terms, provisions, and conditions of this Trust Agreement. For purposes of the taxable year of the Trust in which such an additional contribution is made the payments to a Beneficiary shall be computed by multiplying the fixed percentage provided for in Paragraph 2 hereof by the sum of (1) the net fair market value of the Trust Property (excluding the additional Trust Property) and (2) that proportion of the value of such additional Trust Property which the number of days in the period which begins with the date of the additional transfer and ends with the earlier of the last day of the taxable year or the surviving Beneficiary's death, bears to the number of days in the period which begins on the first day of such taxable year and ends with the earlier of the last day in such taxable year or the surviving Beneficiary's death. If there are additions to the Trust, the additional I"O~1y shall be valued as of the effective day of the contribution. Additions to this Trust may be inter vivos additions or additions taking effect on the Settlor's death. With respect to additions taking effect on the date of the Settlor's death, payment of the Unitrust Amount shall commence with the date of death but may be deferred until the end of the taxable year of the Trust in which occurs the complete funding of the Trust. Within a reasonable time after the end of the taxable year in which the complete funding of the Trust occurs, the Trustee shall pay to (in the case of an underpayment) or shall receive from (in the case of overpayment) the Beneficiary the difference between (a) any Unitrust Amount actually paid, plus interest, compounded annually, computed for a period at the rate of interest that the Federal Income Tax Regulations under Section 664 of the Internal Revenue Code prescribe for the trust for that computation for that period, and (b) the Unitrust Amounts payable, determined under the method described in Section 1. 664-l(a)(5)(ii) of the Federal Income Tax Regulations. All property passing by reason of the transferor's death shall be considered one contribution. 17. INCORRECT VALUATION If the net fair market value of the Trust P10~1y is incorrectly determined upon any applicable V3l....rinn, tIleD. the Trustee shall pay the penon entitled thereto in the case of an undervaluation, or the penon who has benefited therefrom shall repay to the Trust in the case of an overvaluation, an amount equal to the difference between the amount actually paid and the amount l"-opedy payable hereunder. Such payments shaI1 be made within a reasonable period after the final determination of the correct valuation (without interest or other adjustment thereto, unless otherwise required by Section 664 of the Code, by any other provision of the Code or determined by the Trustee to be apptOp!iate pursuant to the terms hereot). 7 18. DESIGNATIONS: BENEFICIARIES: TERM: VALUATION DATE: Executed on this I ~ day of ~ Lt.,Ft-o" ~ Daniel M. Ricker, Jr. and Virginia B. Ricker To Daniel M. Ricker, Jr. for life then to Virginia B. Ricker for life The first day of the taxable year of the Trust J7"7 ,1998. rr~\1-- t!..;;...... '. Settlor: r- Daniel M. Ricker, Jr. 108 Paxtanl Avenue Harrisburg, Pennsylvania 17111-1838 THE TRUSTEPS OF PRINCETON UNIVERSITY By: c-- 1.0 A. Sciarra Assistant Secretary 8 ~~ -<::: aQ", ~ffi E-<l:I. ~ ..... <A 0 0 z ..... ~AZ ~ ~~~~\ ..... ~ :::l:I.aQA >- ~ ~ ~ "I ~ '" 5jz 8 fa "'~ cxi ~ g:~ l;;; Z g , -< ~ .. ..... ~ - ~ ~ 0\ ~ u .... Q. l .d ;5 1 - < "Q ~~\ '" i o~ ~~ ~. !::~ 0() ~ ~ >- . <0 ~:z: <0 E-<...; ..... 00 ..... 't ..... 'i' ~ ..... '" '" &; , .,., o , ~ ..... ~ 0 ~ s ~ :C\ - ~~ ..... '" ..... ..... - 0 ~ o IX! S ..... Sl ~ ffi 00 IX! '" 00 IX! ..... , jl ..... ..... -2 86 ~ u <~ '<i' CI:l ii j ! ~ ~ .~ ~ S:c '-' ..: ... ~ ... ~ ~ i2 ~ ~ IX! :~ ~ ..... z .~ OIl ~ .!:l IX! 0 > ~ ,~ " . - .; ".t-. l' . . '- " ~ ''''1 ':',.e~ . ,:,"'~ ';:.~..._.. '" .','._ 4............U.dt..U~ ...... ....,...."u...,. ~.l.....w_;~'lj' .' 1-'."' .....' :"_1' c"" - . ~l-"'~.. .:~'- .;;.r. ,:.'"~ .~.~~~~ AMENDED AND RESTATED DECLARATION OF TRUST "The Daniel M. Ricker. Jr. Revocable Trust" THIS AMENDED AND RESTATED DECLARATION OF TRUST ("Declaration") is made this . "" 1."\ day of """, . i/i...tl....1.A-....~\ j , 1992, by DANIEL M. RICKER, JR, of paxtanq, Dauphin County, Pennsylvania (the "Settlor") and DANIEL M. RICKER, JR., of Paxtanq, Dauphin County, Pennsylvania (the "Trustee"). WITNESSETH: WHEREAS, the Settlor entered into a Declaration of Trust dated July 31, 1989 between himself as Settlor and Trustee: and WHEREAS, pursuant to ARTICLE XX of said Declaration of Trust the Settlor reserved unto himself the riqht to modify, alter or revoke the Declaration instrument in whole or in part, provided the liability of the Trustee is not thereby chanqed without the Trustee'. consent: and WHEREAS, the Settlor amended said Declaration of Trust by an Amendment dated April 4, 1990: and WHEREAS, the Settlor desires to amend and restate his Declaration of Trust in its entirety, which amendment and restatement is acceptable to the Trustee: and - 1 - WHEREAS, the Trustee is the owner of certain assets presently in the Trust1 and WHEREAS, the Settlor is desirous of retaining the active management and control of these assets in the hands of the Trustee 1 and I I \ f I I 1 I ! WHEREAS, the Settlor may be desirous in the future of placing the active management and control of certain other property in the hands of the Trustee. NOW, THEREFORE, the Settlor hereby confirms the assiqnment, transfer and delivery unto the Trustee, subject to the terms of this Declaration, of all of said assets. The trust assets shall include all such assets and the proceeds of any insurance policies payable to the Trustee (collectively herein- after called the "Policies"), and all such other benefits or added assets (collectively the "Trust Assets"), which shall be held, administered and distributed by the Trustee, IN TRUST NEVERTHELESS, in accordance with the provisions of this instrument and any amendaents hereto. - 2 - ., - ARTICLE I Durina the Settlor's Lifetime Durinq the Settlor's lifetime, the Trustee shall have, hold, manaqe, invest and reinvest the Trust Assets, collect the income, and (A) The Trustee shall payor apply the entire net income as the Settlor may from time to time direct in writinq. The Trustee shall also pay to the Settlor such sums from or portions of the principal of the trust as the settlor may from time to time request in writinq delivered to the Trustee durinq the Settlor's lifetime. (B) If at any time, in the written determination of the Settlor's then personal attendinq physician, the Settlor is unable to act or unable to apply such payments to the Settlor's own best interest and advantaqe, or the Settlor resigns as Trustee hereunder, the provisions of ARTICLB XVII hereunder shall apply and the succe..or Trustee may apply directly for the benefit of the Settlor or Settlor's wite, VIRGINIA B. RICKER ("Settlor's Wife"), as much of the income and/or principal as the Trustee may from time to time deem appropriate for the welfare, comfort, support or emerqency needs of the Settlor and Settlor's Wite and - 3 - may add to the principal as much of the unused income as the Trustee deems advisable. ARTICLE II UDon the Settlor's Death Upon the death of the Settlor, the Trustee shall divide and distribute the Trust Assets as follows: (A) The Trustee shall pay the following bequest. from the principal held hereunder: 1. The sum of Twenty-five Thousand Dollars ($25,000) to Settlor's son, DANIEL M. RICKER, III, and the same amount to Settlor'. daughter, VIRGINIA R. COLE. 2. Subject to the provisions of ARTICLE XXII, the sum of Five Thousand Dollars ($5,000.00) to each of Settlor's grandchildren. 3. If any of the beneficiaries named in paragraph. (1) and (2) of this ARTICLE II(A) i. not living at Settlor's death, the bequest to such person shall laps.. If any of the beneficiaries named in paragraph (2) of subparagraph (A) is a minor at Settlor's death, the Trustee, in its discretion, may pay any .such bequest payable to a minor - 4 - beneficiary to the beneficiary's parent or any other person who agrees to act as custodian for the minor under a Uniform Gift to Minors Act. (B) The Trustee shall place in Trust A (also herein referred to as the "Unitied Credit Trust") an amount equal to the balance ot the dollar amount not taxed in the Settlor's estate due to the application to the Settlor's estate ot the unitied credit tor tederal estate tax purposes (the "exemption equivalent") atter taking into account the value, tor tederal estate tax purposes, ot other transters ot the Settlor either during litetime or at death or pursuant to subparagraph (A) above which utilized or which will utilize a portion ot the Settlor's unitied credit against tederal gift and estate taxes, IN TRUST NEVERTHELESS, to be held, administered and disposed ot in accordance with . the provisions ot ARTICLE III hereof. eC) The Trustee shall place in Trust B (also herein reterred to as the "Qualitied Terminable Inter- est Property Trust" or the "QTIP Trust") such ot the Trust Assets as shall not have been distributed pursu- ant to the preceding subparagraphs (A) and (B), IN TRUST NEVERTHELESS, to be held, administered and disposed ot in accordance with the provisions ot - 5 - ARTICLE IV hereof. The executor of the Settlor's estate shall have the right to elect on the federal estate tax return prepared on behalf of the Settlor's estate to have a portion or all of the property distributed pursuant to this subparagraph (C) treated as "qualified terminable interest property" in order to qualify such portion or all of the property for the marital deduction for federal estate tax purposes, which election shall be binding and conclusive upon the Trustee. If the Settlor's executor elects to have a portion or all of such assets so qualify as qualified terminable int.rest property, such elected assets may, at the discretion of the Trustee and so long as the election to qualify such ass.ts for the federal estate tax marital deduction is not jeopardized, (1) be held and administered by the Truste. as a separate trust estate with the balanc., if any, of the assets which are governed by this subparagraph (C) also held and administered a. a separate trust estate or (2) b. held and aaintained by the Trustee with the non-elected a...t. a. on. trust estate. Th. Executor of Settlor's estate shall have the right to exercise the election under Section 2652(a) (3) of the Internal Revenue Code of 1986, a. amended (the "COde"), to the extent necessary to enable Settlor's - 6 - estate to utilize the full amount of the generation skipping tax exemption available to Settlor's estate under section 2631(a) of the Code. Any such election by Settlor's Executor shall be binding and conclusive upon the Trustee. If the Executor elects to apply the exemption under Section 2631(a) of the Code to any portion of the assets passing under this subparagraph (C) which the Executor also treats as "qualified terminable interest property", the Trustee shal1 (so long as the election to qualify the assets for the federal estate tax marital deduction is not jeopardized) create a separate trust with respect to such assets, which trust shal~ be held, administered and disposed of in accordance with the provisions of ARTICLE IV hereof. In either case any such trust or trusts created under this subparagraph (C) shall be held, administered and disposed of in accordance with the provisions of ARTICLE IV hereof. ARTICLE III Trust A The Unified Credit TruB~ The Trustee shall have, hold, manage, invest and reinvest the assets of Trust A, collect the income and . . - 7 - (A) If the Settlor's Wife, VIRGINIA B. RICKER, survives the settlor, then beginning at the Settlor's death, the Trustee shall pay over to the Settlor's Wife during her lifetime the net income of Trust A in quarterly installments and such portions of the principal as, in the sole discretion of the Trustee, shall be necessary for the Settlor's Wife's maintenance, support, medical and nursing care, taking into consideration any other means readily avaiiable for such purpose.. (B) During the life of Settlor'. Wife, the Trustee shall pay to Settlor'. Wife from the principal of the Unified Credit Trust at any time and from time to time such sums or specific assets as Settlor's Wife may designate by written notice to the Trustee/ provided, however, that no withdrawal, when added to the aggregate amount or value previously withdrawn by Settlor's Wife pursuant to this subparagraph (B), during the calendar year in which the withdrawal is to be made, shall exceed the greater of (1) $5,000 or (2) five (5') percent of the aggregate value of the Unified Credit Trust at the time of such withdrawal. (e) Upon the death of the survivor of the Settlor and the Settlor's Wife, the Trustee shall divide the then remaining principal and any undistributed income - 8 - of the Unified Credit Trust into two equal shares: one such equal share shall be distributed to the Virginia R. Cole Trust under ARTICLE V hereof, and the other equal share shall be distributed to the Daniel M. Rieker, III, Trust under ARTICLE VI hereof. ARTICLE IV Trust B (The OTIP Trust} The Trustee shall have, hold, manage, invest and reinvest the assets ot Trust B (whether such assets are held as a single trust or in separate trusts), collect the income and (A) If the Settlor's Wite survives t~e Settlor, then beginning at the Settlor's death, the Trustee shall pay over the net income of Trust B to the Set- tlor's Wife during her lifetime in quarterly install- ments and such portions of the principal as, in the sole discretion of the Trustee, shall be necessary for the Settlor'. Wife's maintenance, support, medical and nursing care, provided, however, that no part of the principal of any separate trust under this ARTICLE to which the Settlor's Executor allocated the exemption under Section 2631(a) of the Internal Revenue Code shall be distributed to Settlor's Wife under this subparagraph until the Trustee exhausts the entire - 9 - principal of any separate trust under this ARTICLE to which such allocation of exemption was not made. Upon the death of the Settlor's Wife, the Trustee shall distribute any accumulated income of Trust B to the estate of the Settlor's Wife. (B) Upon the death of the survivor of the Settlor and the Settlor's Wife, the Trustee shall divide the principal of Trust B into two equal shares: one such equal share shall be distributed to the Virginia R. Cole Trust under ARTICLE V hereof, and the other equal share shall be distributed to the Daniel M. RiCker, III Trust under ARTICLE VI hereof. ARTICLE V Th. Virainia R. Col. Trus~ The Trustee shall have, hold, manage, invest and reinvest the assets of the Virginia R. Cole Trust in accordance with the provisions of this ARTICLE. Some of the asset passing to the Trustee under this ARTICLE may have had allocated to them the exemption froa Generation Skipping Tax under Section 2631 of the Code ("GST Ex_pt Assets"). If the Trustee r,!!ceives some GST Exempt Assets under this ARTICLE and other assets to which such allocation was not made, the Trustee shall hold the GST Exempt Assets and the other assets in separate trusts under this - 10 - -- ARTICLE. The Trustee shall have, hold, manage, invest and reinvest all such assets as follows: (Al If Settlor's daughter, VIRGINIA R. COLE, is living at the death of the survivor of the Settlor and the Settlor's Wife, then, the Trustee shall pay to Settlor's daughter during her lifetime the net income from the Trust in installments not le.. frequently than quarterly. VIRGINIA R. COLE may by Will making specific reference to this power appoint all or any portion of the assets of any separate Trust under this ARTICLE which doe. not contain GST Exempt Asset. to or for the benefit of her is.ue or to her own e.tate, in such amounts or proportions, and in such lawful interests or estates, whether absolutely or in trust, as VIRGINIA R. COLE may appoint. This power of appointment shall be exercisable by VIRGINIA R. COLE (so long a. .he dies after the survivor ot Settlor and Settlor's Wife) alone and in all events but shall not extend to the a.sets ot any Trust hereunder which holds GST Ex_pt Ass.t.. (8) Upon the death of Settlor's daughter, Virginia R. Cole, or upon the death ot the survivor of Settlor's Wite and Settlor it Virginia R. Cole i. not then living, the Trustee shall divide the principal and any undistributed income of the Trust which was not - 11 - appointed by virqinia R. Cole pursuant to subparaqraph (Al, into separate equal shares for each of virqinia R. Cole's then livinq children and for each deceased child of hers who is represented by then livinq issue, per stirpes. The Trustee shall hold each such equal share pursuant to the terms of ARTICLE VII hereof. If Virqinia R. Cole has no issue then livinq, the principal and undistributed income of the Trust shall be paid to the Daniel M. Rieker, III Trust under ARTICLE VI. ARTICLE VI The Daniel M. Ricker. YIr. Trust~ The Trustee shall have, hold, manaqe, invest and reinvest the assets of the Daniel M. Rieker, III Trust in accordance with the provision. of this ARTICLE. Some of the asset passinq to the Trustee under this ARTICLE may have had allocated to them the exemption from Generation Skippinq Tax under Section 2631 of the Code ("GST Exempt Assets"). If the Trustee receive. soae GST Exempt Assets under this ARTICLE and other asseta to which such allocation was not made, the Trustee shall hold the GST Exempt Assets and the other assets in separate trusts under this ARTICLE. The Trustee shall have, hold, manaqe, invest and reinvest all such assets as follows: - 12 - . . (A) If Settlor's son, DANIEL M. RICKER, III, is living at the death of the survivor of the Settlor and the Settlor's Wife, then, the Trustee shall pay to Settlor's son during his lifetime the net income from the Trust in installments not less frequently than quarterly. DANIEL M. RICKER, III, may by will making specific reference to this power appoint all or any portion of any a.sets of the separate Trust under this ARTICLE which does not contain GST Exempt Assets to or for the benefit of his issue or to his own estate, in such amount. or proportions, and in such lawful interests or estate., whether absolutely or in trust, as DANIEL M. RICKER, III may appoint. This power of appointment shall be exerqisable by Daniel M. Ricker, III (so lonq as he die. after the survivor of Settlor and Settlor'. Wife), alone and in all event. but shall not extend to the a.sets of any Tru.t hereunder which holds GST Exempt Asset.. (8) If Settlor's dauqhter-in-law, DONNA M. RICKER, i. livinq at the death of the survivor of Settlor, Settlor's Wife and Settlor's son, DANIEL M. RICKER, III, and she was married to Daniel M. Ricker, III at his death and has not remarried at the time of the death of such survivor, the Trustee shall retain the principal of the Trust which was not appointed by - 13 - Daniel M. Ricker, III pursuant to subparagraph (A), in further trust, and pay to Donna M. Ricker the net income from such Trust in installments not less frequently than quarterly. Any such payments of net income from the Trust to Donna M. Ricker shall cease upon the payment immediately preceding the earlier of the date of her death or remarriage. For purposes of this ARTICLE VI, cohabitation on a conjugal basis shall be deemed to be the same as remarriage. (C) Upon the death of the survivor of Settlor, Settlor's Wife and Settlor's son, Daniel M. Ricker, III, and the termination of any income interest Donna M. Ricker may possess under subparagraph (8) of this ARTICLE VI if she is the survivor of the Settlor, Settlor's Wife and Settlor's son, the Trustee shall divide the principal and any undistributed income of the Trust which was not appointed by Daniel M. Ricker, III pursuant to subparagraph (A), into separate equal shares for each of Daniel M. Ricker, III'. then living children and for each deceased child of his who is repre.ented by then living issue, per stirpes. The Trustee shall hold each such equal share pursuant to the terms of ARTICLE VII hereof. If Daniel M. Rieker, III, has no issue then living, the principal and - 14 - ~ undistributed income of the Trust shall be paid to the virginia R. Cole Trust under ARTICLE V. ARTICLE VII Tha Grandchild'. Trus~ The Trustee shall have, hold, manage, invest and reinvest the assets of the Grandchild's Trust, collect the income and (A) Until the beneficiary of the Grandchild's Trust (the "GrandChild") shall have attained the age of twenty-one years, the Trustee shall from time to time pay to or for the benefit ot the Grandchild such amounts ot the net income ot the Grandchild's Trust as, in the sole discretion ot the Trustee, shall be necessary tor the Grandchild's maintenance, support, medical and nursing care and education, including college and graduate education, taking into consideration any other means readily available tor such purpo.... At the end ot each year any unexpended inco.. shall b. added to the principal at the Grandchild'. Trust. (8) Att.r the Grandchild shall have attained the age at twenty-one years, the Trustee shall thereatter pay to the Grandchild the net income derived tram the Grandchild's Trust in installments not less frequently than quarterly and such amounts ot the principal a., in - 15 - ....... the sole discretion of the Trustee, shall be necessary for the Grandchild's maintenance, support, medical and nursinq care and education, including colleqe and qraduate education, takinq into consideration any other means readily available for such' purposes. (e) If at the time of the creation of the Grandchild's Trust the Grandchild shall have then attained the aqe .et forth below or if the Grandchild shall thereafter attain that aqe, upon receipt by the Trustee of a written request from the Grandchild, the Trustee shall distribute outriqht to the Grandchild the fractional portion of the then remaininq principal of the Grandchild's Trust set forth below: ~ Fac~ional Shar. 25 years 30 year. One-half Balance then remaininq (D) If a Grandchild shall die before final distribution of the assets of the Grandchild's Trust is made, the then remaininq principal and any undistributed income of the Grandchild's Trust shall be distributed to the Grandchild's issue then livinq, per stirpes, and in default of such issue, to the Grandchild's siblinqs livinq at the Grandchild's death and to the then livinq issue of any deceased siblinq of the Grandchild, per stirpes; and if the Grandchild's - 16 - siblings and their issue are not then living, to the Settlor's issue then living, per stirpes. ARTICLE VIII Percetuities provision Nothing herein is intended to, nor shall it be construed to, postpone the vesting ot any part ot the assets of any separate trust estate created hereunder for more than twenty- one years after the death of the survivor of the Settlor, the Settlor's Wife and the Settlor's issue living at the Settlor's death. At the expiration ot such period the assets ot all of the separate trust estate. hereunder shall immediately vest in tee simple absolute in and be distributed outright to the person or persons then entitled to receive the income therefrom, whether in the Trustee's discretion or otherwise. ARTICLE IX Contina.n~ Oistribution If at the time for distribution ot any trust estate hereunder the Settlor's Wite is deceased and the Settlor shall have no i..ue then living, the Trustee shall distribute such assets as tollows: (A) Two-thirds (2/3) to MERCERS BURG ACADEMY, Mercersburg, pennsylvania. (B) One-third (1/3) to Settlor's alma mater, PRINCETON UNIVERSITY, princeton, New Jersey. " - 17 - ARTICLE X Sgendthrift provision No part of the income or principal of the property held under any trust created hereunder shall be subject to attachment, levy or seizure by any creditor, spouse, assignee or trustee or receiver in bankruptcy of any beneficiary prior to his or her actual receipt thereof. The Trustee shall pay over the net income and the principal to the parties h.rein designated, as their interests may appear, without regard to any attempted anticipation (except as specifically provided h.r.in), pledging or assig~ent by any b.neficiary und.r any trust created here- under, and without regard to any claim thereto or attempted levy, attachment, seizure or other process against said beneficiary. ARTICLE XI Tru.~.. Powers During the continuance of any trust created hereunder, the Truste. .hall po....., among oth.rs, the following powers to be exercised for the best interests ot the ben.ficiaries; sub- ject, how.ver, insofar as any portion of the QTIP Trust qualified tor the federal e.tate tax marital deduction i. concerned, to the restrictions set forth below: (A) To retain any investments so long a. the Trustee may deem it advisable so to do, including, but not limited to, stock in Dauphin Deposit corporation. - 18 - .., (B) To vary investments, when deemed desirable by the Trustee, and to invest in such bonds, stocks, notes, real estate mortgages or other securities or in such other real or personal property as the Trustee shall deem wise, without being restricted to so called "legal investments." (e) To exercise any outstanding stock option in effect at the Settlor's death, and to borrow any . necessary funds from any person or institution, including the Trustee, to mortgage or pledge any or all real or personal property as the Trustee in its sole discretion shall choose without regard for the disposi- tive provisions of this instrument: provided, however, that this provision shall not authorize the mortgaging or pledging of any asset of any portion of the QTIP Trust qualified for the federal estate tax marital deduction. (D) In order to effect a division of the principal of any trust or for any other purpose, including the final distribution of any trust, the Trustee is authorized to make said divisions or distributions of the personalty and realty partly or wholly in kind. If such division or distribution is made in k~nd, said assets shall be divided or distributed at their respective values on the date or dates of their division. or distribution. In making any division or distribution in kind, the Truste. shall divide and distribute said assets in a mann.r which will fairly allocate any unrealized appreciation among the ben.ticiaries. (El To s.ll either at public or private sale and upon such terms and conditions as the Truste. may deem advantageous to any trust, any or all real or personal estate or interest therein owned by any trust severally or in conjunction with other persons or acquired by the Truste. (including s.lling "short" any right, privilege, option or a...t), and to consummate said sale or sales by sufficient de.ds or other instrument. to the purCba..r or purchasers, conveying a fee simple title, tre. and clear of all trust and without obligation or liability of the purchaser or purchaser. to s.e to the application of the purchase money or to make inquiry into the validity of said sale or sales: also, to make, execute, acknowledge and deliver any and all deeds, assignment., options or other writing. which may be necessary or desirable in carrying out any of the powers - 19 - . conferred upon the Trustee in this paragraph or elsewhere in this instrument. (F) To make leases of real estate. (G) To borrow money from any party, inCluding the Trustee, to pay an indebtedness of the Settlor or of the Settlor's estate or trust, expenses of administration, all estate, inheritance and similar taxes ("Death Taxes") and other taxes, provided, however, that this provision shall not authorize borrowing from any portion of the QTIP Tru.t qualified for the federal estate tax marital deduction. (H) To pay, without reimbursement, all costs, Death Taxes or other taxes, expen.e. and charges in connection with the administration of the Settlor'. estate or trust, and to pay the tuneral expenses and the expenses of the la.t illne.s ot the Settlor so as to at least prevent the abatement ot the legacies and pre- re.idual bequests provided under Settlor's Will, provided, however, that no such costs, Death Taxes, expen.es or charge. in connection with the admini.tration of the Settlor's estate shall be paid trom the assets ot any portion of the QTIP Trust qualified for the tederal estate tax marital deduction or from the proceed. of any employee benefit plan not includable in the Settlor'. gro.. estate for federal estate tax purpo.... (I) To vote any .hare. of .tock which form a part of any trust and to otherwi.e exercise all the powers incident to the ownership ot .uch .tock, to actively manaqe and operate any unincorporated bu.iness, includinq any joint ventures and partnerships, and to incorporate any .uch unincorporated busine.s, with all the rights and pow.rs of any owner th.r.of. (J) In the discretion of the Trustee, to unite with other own.rs of similar property in carryinq out any plan. for the reorganization of any corporation or company whose ..curities form a part of any trust. (X) To as.ign to and hold in any trust an undivided portion of any a..et. (L) To select, employ and compen.ate any per.on, firm or corporation engaged in rendering investment counsel advice to advise the Trust.. in makinq invest- - 20 - ments, manaqinq securities or makinq decisions con- cerninq the purchase, retention, sale or other disposition of any part of any trust estate hereunder; and to select, employ and compensate any attorney or firm of attorneys to render leqal services to the Trustee with respect to any trust estate hereunder. (M) Only property which is fully eliqible for the marital deduction for federal estate tax purposes shall be assiqned to the portion of the QTIP Trust qualified for the federal estate tax marital deduction. Notwith- standinq anythinq to the contrary contained in this instrument, the Trustee shall not retain beyond a reasonable time or invest in as an asset of any portion of the QTIP Trust elected to qualify for the federal estate tax marital deduction, any property which may at any time be or become unproductive. ARTICLE XII Intention to Qualifv for the Marital Deduction It is the intention of the parties to this instrument to conform to the provisions for the allowance of the marital deduction for federal estate tax purposes. Any provisions of this instrument notwithstandinq, the powers qranted herein to the Trustee shall be construed in accordance with said intention and shall not be interpreted or exercised so as to disqualify, for federal e.tate tax marital deduction purpose., any portion of the QTIP Trust elected to qualify for the federal estate tax marital deduction. - 21 - l ARTICLE XIII survival Presumntions Any person other than the Settlor's Wife who shall have died at the same time as the Settlor or under such circumstances that it is difficult or impossible to determine who shall have died first, shall be deemed to have predeceased him. If the Settlor and the Settlor's Wife shall have died at the same time or under such circum.tanc.. that it i. difficult or impo..ibl. to determine who shall have died first, the S.ttlor's Wife shall be deemed to have survived him. Any person other than the Settlor who shall have died at the same time a. any then beneficiary of income of a tru.t cr.ated h.reunder or under .uch circumstances that it is difficult or impossibl.to determine who shall have died first, shall b. d.emed to have predeceased such beneficiary. ARTICLE XIV Tru.t.... Du~i.. with R..nact to POliei.. Th. Trust.e .hall not be obliqated to pay any premiums or ass.....nt. on any of the polici.. and shall be und.r no obliqation with respect to the POlicie., except for safekeepinq durinq the Settlor's lifetime and to the ext.nt otherwise expressly aqreed to herein. . . - 22 - ARTICLE XII Settlor's Reserved Riahts with Resnect to Policies With respect to any of the Policies, the Settlor reserves to himself, during his ownership of said Policies and during his lifetime, all rights, payment., dividends, surrender value. and benefits of any kind which may accrue on account of any of the policies, and the right at any time to assign, pledge or use said pOlicies, or any of them, or to change the beneficiary thereof to borrow money thereon, or for any purpos., without the consent, approval or joinder of the Truste. or any beneficiary hereunder. It is the intent of the Settlor, with regard to said policie., that this instrument shall be operative only with respect to the proceeds of such of the Policies as may b. due and payable to the Truste. at the time of the death of the Settlor or thereafter, after d.duction of all charg.. against the Policies by reason of advance., loan., premiums, or otherwis., and the receipt of the Truste. for such proc.ed. shall rel.a.. the insurance compani.. fro. liability on the policie.. ARTICLE XIII Collection of Policy Proceeds Th. Settlor agrees and direct. that, upon his death, the proceeds of all Policies which are then subject to the terms of this instrument shall be paid in accordanc. with the directions - 23 - ~ then set forth in said policies or the beneficiary designations then attached thereto. In the event the proceeds of said POlicies are payable to the Trustee, the Trustee may institute any proceeding at law or in equity in order to enforce the payment thereof, and may do and perform any and all other acts and things which may be necessary, for the purpose of collecting any sums which may be due and payable under the terms ot said Policies; it beinq distinctly understood, however, that the Trustee shall not, except at its option, enter into or maintain any litigation to entorce the payment of said Policies until it shall have been guaranteed indemnification by one or more ot the beneticiarie. of this instrument to it. .atistaction aqainst all expenses and liabilities to which it may, in it. judgment, be subjected by any such action. The Trustee is authorized to compromise and adjust claims arising out ot the pOlicies, or any ot them, upon such terms and condition. as it may de.. just, and the decision ot the Trustee shall be binding and conclusive upon all persons and corporations interested therein. ARTICLE XVII SueC.Asor Trust... It Daniel M. Ricker, Jr. shall tailor cea.e to act as Trustee by reason ot death or written re.iqnation, or, in the written determination of hi. then personal attendinq physician, by reason of his mental incapacity, VIRGINIA B. RICKER and DANIEL M. - 24 - L RICKER, III, shall act as Co-Trustees hereunder; provided, however, if either of them should fail or cease to act, then DONNA M. RICKER shall act as Co-Trustee with the survivor. If any two of: Virginia B. Ricker; Daniel M. Ricker, III; and Donna M. Ricker should fail or cease to act, the survivor shall serve as sole Truste. with all the pow.r. grant.d to the Co-Trust.... Should Virginia B. Rick.r, Daniel M. Rick.r, III and Donna K. Ricker all fail or cease to act, DAUPHIN DEPOSIT BANK AND TRUST COMPANY shall act as sol. successor Trustee. While individuals are serving as Co-Trustees or sole Truste., anyone or more of them may appoint Dauphin Deposit Bank and Trust Company or another bank as a corporat. Co-Trust.e. No individual CO-Trustee or Trust.. shall participate in any discretionary d.cision of the Trustee to make any distribution of the principal of any trust created hereunder to or for himself or hers.lf or to or for a beneficiary where .uch Co-Trustee or Trustee has a duty to support said beneficiary. All refer.nce. in this Declaration to the "Trustee" shall refer to the originally named Trust.e, the successor Co-Trustee. or the sol. succe.sor Trust.., as the cas. may be. ARTICLE XVIII Guardian Subject to the t.rms of ARTICLE IICA) h.r.of, if at any time any minor shall b. entitled to rec.iv. any assets h.r.under, - 25 - DANIEL M. RICKER, III shall act as Guardian of the assets payable to such minor. If he should fail or cease to act, DONNA M. RICKER shall act as Guardian and if she should fail or cease to act, then DAUPHIN DEPOSIT BANK AND TRUST COMPANY shall act as Guardian. The Guardian may receive and administer all assets authorized by law and shall have full authority to use such assets, both principal and income, in any manner the Guardian shall deem advisable for the best interests ot the minor, inCluding colleg., university, graduate or other education, without securing a court order. The Guardian shall have all the rights and privileges in its capacity as Guardian as are h.rein granted to the Truste. as to the trusts created hereunder. All reterences in this Declaration to the "Guardian" shall mean the originally named Guardian or any successor Guardian, as the cas. may be. The Guardian shall not use Guardianship funds to discharge any state law support Obligation the Guardian may have toward any minor beneficiary. ARTICLE XIX Power to Merq_ Trusts It the Settlor's Wite shall establish, either by Last will and T..tament or by inter vivos Deed or Agreement, trusts similar to the trusts herein established tor the benefit ot the Settlor's issue, the Trustee herein shall have the right and power to merge trusts herein established with similar trusts for the - 26 - same beneficiaries established by the Settlor's wite and to operate each ot the merqed trusts as a sinqle trust. ARTICLE XX Sure~v and COMcensation or Trustee The Trustee shall serve without the duty or obliqation ot filing any bond or other security and shall be entitled to compensation for services in accordance with the standard schedule ot fees in ettect when the services are rendered. ARTICLE XXI Revocabilitv The Settlor may, by instrument in writing delivered to the Trustee, modify, alter or revoke this instrument in whole or in part~ provided, however, that the duties, powers, compensation and liability of the Trustee shall not be changed without the written consent of the Trustee. ARTICLE XXII D8~ini~ion of I.au. In construing this Aqreement, KAREN L. BISSONNETTE and DAVID R. BISSONNErr~, the step-children of Daniel M. Ricker, III, shall for all purposes be deemed to be his natural children. Such step-children ot Daniel M. Rieker, III, shall be included in all references in this Declaration to the children or issue of Daniel - 27 - " . ---- -- 1 i M. Ricker, III, and the grandchildren or issue of Settlor. Nothing in this Trust, including specifically ARTICLE VleC) and ARTICLE VlleD), shall grant any rights to the issue of KAREN L. BISSONNETTE and DAVID R. BISSONNETTE, which issue shall not be deemed to be issue of Daniel M. Rieker, III or the Settlor. ARTICLE XXIII situs and Counsal This instrument and any trust created hereunder shall be governed by the laws of pennsylvania and shall have its situs in Dauphin County, Pennsylvania. The Settlor recommends that the Trustee consider Henry W. Rhoads and Rhoads , Sinon, who are familiar with his affairs, as counsel to this Trust. IN WITNESS WHEREOF, Daniel M. Ricker, Jr., as Settlor, has hereunto affixed his hand and seal to this Declaration, and Daniel M. Rieker, Jr., as Trustee, has hereunto affixed his hand and seal, accepting this Amended and Restated Declaration of Trust, all on the date and year first above written. WITNESS: '~1,.4....' I r I ~-4 (t" -J'-i..~;' --- SETTLOR: ( ,', . '\ f'; I Cc, "',,l "~":'"'" J, Daniel M. Ricker, Jr. Accepted: (TFUSTEE \ . , ) ".,,,v.~,,\e~./h,.I\ Daniel M. Ricker, Jr. (SEAL) I ... Q. .. &. .; , ,-c, I (' .,I~ '. f \....... --. , ~ ( SEAL) - 28 - COMMONWEALTH OF PENNSYLVANIA ) ) 55: COUNTY OF DAUPHIN ) On this, the \~~ day of \\ \"_.rJ-, , 1992, Defore me, a notary public, the undersiqned officer, personally appeared Daniel M. Ricker, Jr., known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledqed that he executed the same for the purposes therein contained. IN WITNESS WHEREOP, I hereunto set my hand and official seal. \ Notary Public . ~. - My Commission Expires: (SEAL) ... . 'i;J' -. , .::.C ' .,,' .~ :. .,h, '. -- . '--3 . . . ... --0- '. ~'~~,'~..~---' '. ~,.... - . " . s~ : '. "." T~~'~~:"';.r.:~, .~ "..'~"'~:->';';. "'..~~ ."..... -.. '~~.~:.:.:,:,._'- ~.. "~~.~ '-. ..... AMENDED AND RESTATED DECLARATION OF TRUST "The Virainia B. Ricker Revocable Trust" THIS AMENDED AND RESTATED DECLARATION OF TRUST '" 17) ("Declaration") is made this .' :') day of 'II, 't-_,:.-~' , 1992, by and between VIRGINIA B. RICKER, of Paxtanq, Dauphin County, Pennsylvania (the "Settlor") and VIRGINIA B. RICKER, of Paxtanq, Dauphin County, pennsylvania (the "Trustee"). WITNESSETH: WHEREAS, the Settlor entered into a Declaration of Trust dated July 31, 1989 between herself as settlor and Trustee: and WHEREAS I pursuant to ARTICLE XX of said Declaration of Trust the Settlor reserved unto herself the riqht to modify, alter or revoke the Declaration instrument in whole or in part, provided the liability of the Trustee is not thereby chanqed without the Trustee's consent: and WHEREAS, the Settlor amended said Declaration of Trust by an Amendment dated April 4, 1990: and WHEREAS, the Settlor desires to amend and restate her Declaration of Trust in its entirety, which amendment and restatement is acceptable to the Trustee: and , , , , i - 1 - I I I , ! WHEREAS, the Trustee is the owner of certain assets presently in the Trust: and WHEREAS, the Settlor is desirous of retaininq the active manaqement and control of these assets in the hands of the Trustee: and WHEREAS, the Settlor may be desirous in the future of placinq the active manaqement and control of certain other property in the hands of the Trustee. NOW, THEREFORE, the Settlor hereby confirms the assiqnment, transfer and delivery unto the Trustee, subject to the terms of this Declaration, of all of said assets. The trust I I , I i assets shall include all such assets and the proceeds of any insurance policies payable to the Trustee (collectively herein- after called the "Policies"), and all such other benefits or added assets (collectively the "Trust Assets"), which shall be held, administered and distributed by the Trustee, IN TRUST NEVERTHELESS, in accordance with the provisions of this Declaration and any amendments hereto. - 2 - ARTICLE I Durina the Settlor's Lifetime During the Settlor's lifetime, the Trustee shall have, hold, manage, invest and reinvest the Trust Assets, collect the income, and (A) The Trustee shall payor apply the entire net income as the Settlor may from time to time direct in writing. The Truste. shall also pay to the Settlor such sums from or portions of the principal of the trust as the Settlor may from time to time request in writing delivered to the Trustee during the Settlor's lifetime. (B) If at any time, in.the written determination of the Settlor's then personal attending physician, the Settlor is unable to act or unable to apply such payments to the Settlor's own best interest and advantage, or the Settlor resigns as Trustee hereunder, the provisions of ARTICLE XVII hereunder shall apply and the succe..or Trustee may apply directly for the benefit of the Settlor or Settlor's husband, DANIEL M. RICKER, JR. ("Settlor's Husband"), as much of the income andlor principal as the Trustee may from time to time deem appropriate for the welfare, comfort, support - 3 - or emergency needs of the Settlor and Settlor's Husband and may add to the principal as much of the unused income as the Trustee deems advisable. ARTICLE II Uno" the Settlor's neath Upon the death of the Settlor, the Trustee shall divide and distribute the Trust Assets as follows: (A) The Trustee shall pay the following bequests from the principal held hereunder: 1. The sum of Twenty-five Thousand Dollars ($25,000) to Settlor's son, DANIEL M. RICKER, III, and the same amount to Settlor's daughter, VIRGINIA R. COLE. 2. Subject to the provisions of ARTICLE XXII, the sum of Five Thousand Dollars ($5,000.00) to each of the Settlor's grandchildren. 3. If any of the beneficiaries named in paragraphs (1) and (2) of this ARTICLE II is not living at Settlor's death, the bequest to such person shall lapse. If any of the beneficiaries named in paragraph (2) of this - 4 - subparagraph (A) is a minor at Settlor's death, the Trustee, in its discretion, may pay any such bequest payable to a minor beneficiary to the beneficiary's parent or any other person who agrees to act as custodian for the minor under a Uniform Gift to Minors Act. (B) The Trustee shall place in Trust A (also herein referred to as the "Unified Credit Trust") an amount equal to the balance of the dollar amount not taxed in the Settlor's estate due to the application to the Settlor's estate of the unified credit for federal , , , , ! i I I estate tax purposes (the "exemption equivalent") after taking into account the value, for federal estate tax purposes, of other transfers of the Settlor either during lifetime or at death or pursuant to subparagraph (A) above which utilized or which will utilize a portion of the Settlor's unified credit against federal gift and estate taxes, IN TRUST NEVERTHELESS, to be held, adainistered and disposed of in accordance with the provisions of ARTICLE III hereof. eC) The Trustee shall place in Trust B (also herein referred to as the "Qualified Terminable Inter- - 5 - . . est Property Trust" or the "QTIP Trust") such of the Trust Assets as shall not have been distributed pursu- ant to the precedinq subparaqraphs (A) and (B), IN TRUST NEVERTHELESS, to be held, administered and disposed of in accordance with the provisions of ARTICLE IV hereof. The executor of the Settlor's estate shall have the riqht to elect on the federal estate tax return prepared on behalf of the Settlor's estate to have a portion or all of the property distributed pursuant to this subparaqraph (C) treated as "qualified terminable interest property" in order to qualify such portion or all of the property for the marital deduction for federal-estate tax purposes, which election shall be bindinq and conclusive upon the Trustee. If the Settlor's executor elects to have a portion or all of such assets so qualify as qualified terminable interest property, such elected assets may, at the discretion of the Trustee and so lonq as the election to qualify such assets for the federal estate tax marital deduction is not jeopardized, (1) be held and administered by the Trustee as a separate trust estate with the balance, if any, of the assets which are qoverned by this subparaqraph (C) also held and - 6 - l administered as a separate trust estate or (2) be held and maintained by the Trustee with the non-elected assets as one trust estate. The Executor of Settlor's estate Shall have the I 1 I j 1 , I , I , , right to exercise the election under Section 2652(a) (3) of the Internal Revenue Code of 1986, as amended (the "Code"), to the extent necessary to enable Settlor's estate to utilize the full amount of the generation skipping tax exemption available to Settlor's estate under Section 2631(a) of the Code. Any such election by Settlor's Executor shall be binding and conclusive upon the Trustee. If the Executor elects to apply the exemption under Section 2631{a) of the Code to any portion of the assets passing under this subparagraph (C) which the Executor also treats as "qualified terminable interest property", the Trustee shall (so long as the election to qualify the assets for the federal estate tax marital deduction is not jeopardized) create a separate trust with respect to such a...ts, which trust shall be held, administered and disposed of in accordance with the provisions of ARTICLE IV hereof. In either case any such trust or trusts created under this subparagraph eel shall be - 7 - held, administered and disposed of in accordance with the provisions of ARTICLE IV hereof. ARTICLE III Trust A The Unified Credit Trust The Trustee shall have, hold, manage, invest and reinvest the assets of Trust A, collect the income and (A) If the Settlor's Husband, DANIEL M. RICKER, JR., survives the Settlor, then beginning at the Settlor's death, the Trustee shall pay over to the Settlor's Husband during his lifetime the net income of Trust A in quarterly installments and such portions of the principal as, in the sole discretion of the Trustee, shall be necessary for the Settlor's Husband's maintenance, support, medical and nursing care, taking into consideration any other means readily available for such purposes. (B) curing the life of Settlor's Husband, the Trustee shall pay to Settlor's Husband from the principal of the Unified Credit Trust at any time and froa time to time such sums or specific assets as Settlor's Husband may designate by written notice to the Trustee; provided, however, that no withdrawal, - 8 - when added to the aggregate amount or value previously withdrawn by Settlor's Husband pursuant to this subparagraph (B), during the calendar year in which the withdrawal is to be made, shall exceed the greater of (1) $5,000 or (2) five (5t) percent of the aggregate value of the Unified Credit Trust at the time of such withdrawal. I ) , (C) Upon the death of the survivor of the Settlor and the Settlor's HUSband, the Trustee shall divide the then remaining principal and any undistributed income of the Unified Credit Trust into two equal shares 1 one such equal share shall be distributed to the Virginia R. Cole Trust under ~TICLEV hereof, and the other equal share shall be distributed to the Daniel M. Rieker, III, Trust under ARTICLE VI hereof. , 'I ARTICLE IV Trust B (The OTIP Trustl The Trustee shall have, hold, manage, invest and reinvest the assets of Trust B (whether such assets are held as a single trust or in separate trusts), collect the income and (A) If the Settlor's Husband survives the Settlor, then beginning at the Settlor's death, the - 9 - .~ I Trustee shall pay over the net income of Trust B to the Settlor's Husband during his lifetime in quarterly installments and such portions of the principal as, in the sole discretion of the Trustee, shall be necessary j 1 l I I ! for the Settlor's Husband's maintenance, support, medical and nursing care: provided, however, that no part of the principal of any separate trust under this ARTICLE to which the Settlor's Executor allocated the exemption under section 2631(a) of the Internal Revenue Code shall be distributed to Settlor's Husband under this subparagraph until the Trustee exhausts the entire principal of any separate trust under this ARTICLE to which such allocation ot exemption was not made. Upon the death of the Settlor's Husband, the Trustee shall distribute any accumulated income of Trust B to the estate of the Settlor'. Husband. (B) upon the d_th ot the survivor of the Settlor and the Settlor'. Husband, the Trustee shall divide the principal of Trust B into two equal shares: one such equal share shall be distributed to the Virginia R. Cole Trust under ARTICLE V hereof, and the other equal share shall be distributed to the Daniel M. Ricker, III Trust under ARTICLE VI hereof. - 10 - " , ARTICLE V The Virainia R. Cole Trust The Trustee shall have, hold, manage, invest and I , I reinvest the assets ot the Virginia R. Cole Trust in accordance with the provisions ot this ARTICLE. Some ot the asset passing to the Trustee under this ARTICLE may have had allocated to them the exemption trom Generation Skipping Tax under Section 2631 ot the Code ("GST Exempt As.ets"). It the Trustee receive. some GST Exempt Assets under this ARTICLE and other assets to which such allocation was not made, the Trustee shall hold the GST Exempt Assets and the other assets in separate trusts under this ARTICLE. The Trustee shall have, hold, manage, invest and reinvest all such assets as tallows: i I I I I I (A) It Settlor's daughter, VIRGINIA R. COLE, is living at the death at the survivor at the Settlor ; :! and the Settlor's Husband, then, the Trustee shall pay to Settlor'. daughter during her lifetime the net income trom the Trust in installments not le.. frequently than quarterly. VIRGINIA R. COLE may by Will making specific reference to this power appoint all or any portion of the assets of any separate Trust under this ARTICLE which does not contain GST Exempt Assets to or for the benefit of her issue or to her own - 11 - estate, in such amounts or proportions, and in such lawful interests or estates, whether absolutely or in I I j I I j I I I . trust, as VIRGINIA R. COLE may appoint. This power of appointment shall be exercisable by VIRGINIA R. COLE (so long as she dies after the survivor of Settlor and Settlor's Husband) alone and in all events but shall not extend to the assets of any Trust hereunder which holds GST Exempt A..ets. (B) Upon the death of Settlor's daughter, Virginia R. Cole, or upon the death of the survivor of Settlor's Husband and Settlor if Virqinia R. Cole is not then livinq, the Trustee shall divide the principal and any undistributed income of the Trust which was not appointed by Virqinia R. Cole pursuant to subparaqraph (A), into separate equal shares for each of Virginia R. Cole's then livinq children and for each deceased child of hers who is represented by then livin9 issue, per stirpes. The Trustee shall hold each such equal share pursuant to the terms of ARTICLE VII hereof. If Vir9inia R. Cole has no issue then living, the principal and undistributed income of the Trust shall be paid to the Daniel M. Rieker, III Trust under ARTICLE VI. - 12 - ARTICLE VI The Daniel M. Ricker. III. Trust The Trustee shall have, hold, manage, invest and reinvest the assets ot the Daniel M. Ricker, III Trust in accordance with the provisions of this ARTICLE. Some o€ the asset passing to the Trustee under this ARTICLE may have had allocated to them the exemption from Generation Skipping Tax under Section 2631 ot the Code ("GST Ex_pt Assets"). It the Trustee receives some GST Exempt Assets under this ARTICLE and other assets to which such allocation was not made, the Trustee shall hold the GST Exempt Assets and the other assets in separate trusts under this ARTICLE. The Trustee shall have, hold, manage, invest and reinvest all such assets as tollows: (A) It Settlor's son, DANIEL M. RICKER, III, is living at the death ot the survivor of the Settlor and the Settlor's Husband, then, the Trustee shall pay to Settlor's son during his litetime the net income trom the Trust in installments not less frequently than quarterly. DANIEL M. RICKER, III, may by Will making specific reterence to this power appoint all or any portion ot any assets ot the separate Trust under this ARTICLE which does not contain GST Exempt Assets to or tor the benefit ot his issue or to his own estate, in - 13 - such amounts or proportions, and in such lawful interests or estates, whether absolutely or in trust, as DANIEL M. RICKER, III may appoint. This power of appointment shall be exercisable by Daniel M. Ricker, III (so lonq as he dies after the survivor of Settlor and Settlor's Husband), alone and in all events but shall not extend to the assets of any Trust hereunder which holds GST Exempt Assets. (6) If Settlor's dauqhter-in-law, DoNNA M. RICKER, is livinq at the death of the survivor of Settlor, Settlor's Husband and Settlor's son, DANIEL M. RICKER, III, and she was married to Daniel M. Ricker, III at his death and has not-remarried at the time of the death of such survivor, the Trustee shall retain the principal of the Trust which was not appointed by Daniel M. Rieker, III pursuant to subparaqraph (A), in further trust, and pay to Donna M. Ricker the net income from such Trust in installments not less frequently than quarterly. Any such payments of net income froa the Trust to Donna M. Rieker shall cease upon the payment immediately precedinq the earlier of the date of her death or remarriaqe. For purposes of - 14 - ~ i this ARTICLE VI, cohabitation on a conjugal basis shall be deemed to be the same as remarriage. (C) Upon the death of the survivor of Settlor, Settlor's Husband and Settlor's son, Daniel M. Ricker, III, and the termination of any income interest Donna M. Ricker may possess under subparagraph (B) of this ARTICLE VI if she is the survivor of Settlor, Settlor's Husband and Settlor's son, the Trustee shall divide the , j I J i principal and any undistributed income of the Trust which was not appointed by Daniel M. Rieker, III, pursuant to subparagraph (A), into separate equal share. for each of Daniel M. Rieker, Ill's then living children and for each deceased child of his who is I I I I I I represented by then living issue, per stirpes. The Trustee shall hold each such equal share pursuant to the terms of ARTICLE VII hereof. If Daniel M. Rieker, III, has no issue then living, the principal and undistributed income of the Trust shall be paid to the Virginia R. Cole Trust under ARTICLE V. - 15 - " ARTICLE VII The Grandchild's Trust The Trustee shall have, hold, manage, invest and reinvest the assets of the Grandchild's Trust, collect the income and (A) until the beneficiary of the Grandchild's Trust (the "Grandchild") shall have attained the age of twenty-one years, the Trustee shall from time to time pay to or for the benefit of the Grandchild such amounts ot the net income of the Grandchild's Trust as, in the sole discretion of the Trustee, shall be necessary tor the Grandchild's maintenance, support, medical and nursing care and education, including college and graduate education, taking into consideration any other means readily available tor such purposes. At the end ot each year any unexpended income shall be added to the principal ot the Grandchild's Trust. (B) Atter the Grandchild shall have attained the age of twenty-one years, the Trustee shall thereafter pay to the Grandchild the net income derived trom the Grandchild'. Trust in installments not less frequently than quarterly and such amounts of the principal as, in the sole discretion of the Trustee, shall be necessary - 16 - '-- t , for the Grandchild's maintenance, support, medical and nursing care and education, including college and graduate education, taking into consideration any other means readily available for such purposes. 1 1 (e) If at the time of the creation of the Grandchild's Trust the Grandchild shall have then attained the age set forth below or if the Grandchild shall thereafter attain that age, upon receipt by the Trustee of a written request from the Grandchild, the Trustee shall distribute outright to the Grandchild the fractional portion of the then remaining principal of the Grandchild's Trust set forth below: ~ Fac~ional Share 25 years 30 years One-half Balance then remaining (D) If a Grandchild shall die before final distribution of the assets of the Grandchild's Trust is made, the then remaining principal and any undistributed income of the Grandchild's Trust shall be I distributed to the Grandchild's issue then living, per stirpes, and in default of such issue, to the Grandchild'. siblings living at the Grandchild's death and to the then living issue of any deceased sibling of the Grandchild, per stirpes: and if the Grandchild's - 17 - ~ , 1 1 I I I j I 1 siblings and their issue are not then living, to the Settlor's issue then living, per stirpes. ARTICLE VIII Pernetuities provision Nothing herein is intended to, nor shall it~e construed to, postpone the vesting of any part of the assets of any separate trust estate created hereunder for more than twenty- one years after the death of the survivor of tha settlor, the Settlor's Husband and the Settlor's issue living at the Settlor's death. At the expiration of such period the assets of all of the separate trust estates hereunder shall immediately vest in fee simple absolute in and be distributed outright to the person or persons then entitled to receive the income therefrom, whether in the Trustee's discretion or otherwise. ARTICLE IX Continaent Distribution If at the time for distribution of any trust estate hereunder, the Settlor's Husband is deceased and the Settlor shall have no issue then living, the Trustee shall distribute such assets as follows: The first Pive Thousand Dollars ($5,000.00) to FIRST METHODIST CHURCH, of Absecon, New Jersey, in - 18 - .' .:.. :_~;~:~.\...~~_.~-, ~~- ..~... ~~~.:7~~~~.:."':~":~'~1IC:-~ _ -! ..~. ';'!llf~~':_' - '{J.};:-' ...,;';,....,'- .~.. '-:--_:.:-~,,"-f'"'~, ru"'~_""~":"'_~ .. . . ~-=-~..;.~:i-~"'" ._ ~ I honor of Settlor's father, Reuben L. Babcock, Jr., and Settlor's mother, Besse Babcock, and after such one- time payment of $5,000 all remaining assets to LINUS PAULING INSTITUTE, Palo Alto, California. ARTICLE X Snendthritt provision 1 I j No part of the income or principal of the property held under any trust created hereunder shall be subject to attachment, levy or seizure by any creditor, spouse, assignee or trustee or receiver in bankruptcy of any beneficiary prior to his or her actual receipt thereof. The Trustee shall pay over the net income and the principal to the parties herein designated, as their interests may appear, without regard to any attempted anticipation (except as specificallY provided herein), pledging or assignment by any beneficiary under any trust created here- under, and without regard to any claim thereto or attempted levy, attachment, seizure or other process against said beneficiary. ARTICLE XI Trustee Powers During the continuance of any trust created hereunder, the Truste. shall possess, among others, the following powers to be exercised for the best interests of the beneficiaries, sub- ject, however, insofar as any portion of the QTIP Trust qualified - 19 - ~ for the federal estate tax marital deduction is concerned, to the restrictions set forth below: (A) To retain any investments so long as the Trustee may deem it advisable so to do, including, but not limited to, stock in Dauphin Deposit Corporation. (B) To vary investments, when deemed desirable by the Trustee, and to invest in such bonds, stocks, notes, real estate mortgages or other securities or in such other real or personal property as the Trustee shall deem wise, without being restricted to so called "legal investments." (C) To exercise any outstanding stock option in effect at the Settlor's death, and to borrow ahy necessary funds from any person or institution, including the Trustee, to mortgage or pledge any or all real or personal property as the Trustee in its sole discretion shall choose without regard for the disposi- tive provisions of this instrument; provided, however, that this provision shall not authorize the mortgaging or pledging of any asset of any portion of the QTIP Trust qualified for the feder~l estate tax marital deduction. (D) In order to effect a division of the principal of any trust or for any other purpose, inCluding the final distribution of any trust, the Trustee is authorized to make said division. or distributions of the personalty and realty partly or wholly in kind. If such division or distribution is made in kind, said assets shall be divided or distributed at their respective values on the date or date. of their division or distribution. In making any division or distribution in kind, the Trustee shall divide and distribute said asset. in a aanner which will fairly allocate any unrealized appreciation among the beneficiaries. (8) To sell either at public or private sale and upon such terms and conditions as the Trustee may deem advantageous to any trust, any or all real or personal estate or interest therein owned by any trust severally or in conjunction with other persons or acquired by the Trustee (inclUding selling "short" any right, privilege, - 20 - . . . i .~ I I option or asset), and to consummate said sale or sales by sufficient deeds or other instruments to the purchaser or purchasers, conveying a fee simple title, free and clear of all trust and without obligation or liability of the purchaser or purchasers to see to the application of the purchase money or to make inquiry into the validity of said sale or sales: also, to make, execute, acknowledge and deliver any and all deeds, assignments, options or other writings which may be necessary or desirable in carrying out any of the powers conferred upon the Trustee in this paragraph or elsewhere in this instrument. (F) To make leases of real estate. (G) To borrow money from any party, including the Trustee, to pay an indebtedness of the Settlor, or of the Settlor's estate or trust, expenses of administration, all estate, inheritance and similar taxes ("Death Taxes") and other taxes: provided, however, that this provision shall not authorize borrowing from any portion of the QTIP Trust qualified for the federal estate tax marital deduction. (H) To pay; without re~mbursement, all costs, Death Taxes or other taxes, expenses and charges in connection with the administration of the Settlor's estate or trust, and to pay the funeral expenses and the expenses of the last illness of the Settlor so as to at least prevent the abatement of the legacies and pre- residual bequests provided under Settlor's Will: provided, however, that no such costs, Death Taxes, expenses or charges in connection with the administration of the Settlor's estate shall be paid from the assets of any portion of the QTIP Trust qualified for the federal estate tax marital deduction or from the proceeds of any employee benefit plan not includable in the Settlor's gross estate for federal estate tax purposes. (I) To vote any shares of stock which form a part of any trust and to otherwise exercise all the powers incident to the ownership of such stock; to actively manage and operate any unincorporated business, including any joint ventures and partnerships, and to - 21 - i I I 1 f . I I j incorporate any such unincorporated business, with all the rights and powers of any owner thereof. (J) In the discretion of the Trustee, to unite with other owners of similar property in carrying out any plans for the reorganization of any corporation or company whose securities form a part of any trust. (R) To assign to and hold in any trust an undivided portion of any asset. (L) To select, employ and compensate any person, firm or corporation engaged in rendering investment counsel advice to advise the Trustee in making invest- ments, managing securities or making decisions con- cerning the purchase, retention, sale or other disposition of any part of any trust estate hereunder; and to select, employ and compensate any attorney or firm of attorneys to render legal services to the Trustee with respect to any trust estate hereunder. (M) only property which is fully eligible for the marital deduction for federal estate tax purposes shall be assigned to the portion of the QTIP Trust qualified for the federal estate tax marital deduction. Notwith- standing anything to the contrary contained in this instrument, the Trustee shall not retain beyond a reasonable time or invest in as an asset of any portion of the QTIP Trust elected to qualify for the federal estate tax marital deduction, any property which may at any time be or become unproductive. ARTICLE XII Int8n~ion to Qualitv tor the Marital Deduction It is the intention of the parties to this instrument to conform to the provisions for the allowance of the marital deduction for federal estate tax purposes. Any provisions of this instrument notwithstanding, the powers granted herein to the - 22 - i \ Trustee shall be construed in accordance with said intention and shall not be interpreted or exercised so as to disqualify, for federal estate tax marital deduction purposes, any portion of the QTIP Trust elected to qualify for the federal estate tax marital deduction. '. ARTICLE XIII :-,. SUrviVAl Presuma~ion. ;, Any person other than the Settlor's Husband who shall have died at the same time as the Settlor or under such circumstances that it is difficult or impossible to determine who shall have died first, shall be deemed to have predeceased her. If the Settlor and the settlor's Husband shall have died at the same time or under such circumstances that it is difficult or impossible to determine who shall have died first, the Settlor's Husband shall be deemed to have survived her. Any person other than the Settlor who shall have died at the same time as any then beneficiary of income of a trust created hereunder or under such circumstance. that it i. difficult or impossible to determine who shall have died first, shall be deemed to have predeceased such beneficiary. - 23 - ---....--. .. _.. -- -.--.--- ARTICLE XIV Trustee's Duties with Rescect to policies The Trustee shall not be obligated to pay any premiums or assessments on any of the Policies and shall be under no obligation with respect to the pOlicies, except for safekeeping during the Settlor's lifetime and to the extent otherwise expressly agreed to herein. ARTICLE XV settlor's Reserved Riahts with Resnect to policies with respect to any of the policie., the Settlor reserves to herself, during her ownership of said Policies and during her lifetime, all rights, payments, dividends, surrender values and benefits of any kind which may accrue on account of any of the pOlicies, and the right at any time to assign, pledge or use said pOlicies, or any of them, or to change the beneficiary thereof to borrow money thereon, or for any purpose, without the consent, approval or joinder of the Trustee or any beneficiary hereunder. It i. the intent of the settlor, with regard to said policie., that this instrument shall be operative only with respect to the proceeds of such of the policies as may be due and payable to the Trustee at the time of the death of the Settlor or thereafter, after deduction of all charges against the policies by - 24 - i to .~ 1 , 1 1 I reason of advances, loans, premiums, or otherwise: and the receipt of the Trustee for such proceeds shall release the insurance companies from liability on the Policies. ARTICLE XVI Collection ot POlicy Proceeds 1 The Settlor agrees and directs that, upon her death, the proceeds of all Policies which are then subject to the terms of this instrument shall be paid in accordance with the directions then set forth in said Policies or the beneficiary designations then attached thereto. In the event the proceeds of said Policies are payable to the Trustee, the Trustee may institute any proceeding at law or in equity in order to enforce the payment thereof, and may do and perform any and all other acts and things which may be nec.ssary, for the purpose of collecting any sums which may be due and payable under the terms of said Policies: it being distinctly understood, however, that the Trustee shall not, except at its option, enter into or maintain any litigation to enforce the payment of said Policies until it shall have been guaranteed indemnification by one or more of the beneficiaries of this instrument to its satisfaction against all expenses and liabilities to which it may, in its jUdgment, be subjected by any such action. The Trustee is authorized to compromise and adjust - 25 - ", ~ claims arising out of the policies, or any of them, upon such terms and conditions as it may deem just, and the decision of the Trustee shall be binding and conclusive upon all persons and corporations interested therein. ARTICLE XVII Successor Trustees If virginia B. Ricker shall fail or cease to act as Trustee by reason of death or written resignation, or, in the written determination of her then personal attending physician, by reason of her mental incapacity, DANIEL M. RICKER, JR. and DANIEL M. RICKER, III shall act as Co-Trustees hereunder; provided, however, if either of them should-fail or cease to act, then DONNA M. RICKER shall act as Co-Trustee with the survivor. If any- two of: Daniel M. Ricker, Jr.; Daniel M. Rieker, III; and Donna M. Ricker should fail or cease to act, the survivor shall serve as sole Trustee with all the powers granted to the Co-Trustees. Should Daniel M. Rieker, Jr., Daniel M. Ricker, III and Donna M. Ricker all fail or cease to act, DAUPHIN DEPOSIT BANK AND TRUST COMPANY shall act as sole successor Trustee. While individuals are serving as Co-Trustees or sole Trustee, anyone or more of them may appoint Dauphin Deposit Bank and Trust Company or another bank as a corporate Co-Trustee. No individual Co-Trustee or - 26 - . I . j . 1 i 1 Trustee shall participate in any discretionary decision of the Trustee to make any distribution of the principal of any trust created hereunder to or for himself or herself or to or for a beneficiary where such Co-Trustee or Trustee has a duty to support said beneficiary. All references in this Declaration to the "Trustee" shall refer to the originally named Trustee, the successor Co-Trustees or the sole successor Trustee, as the case may be. ARTICLE XVIII Guardian I I Subject to the terms of ARTICLE IICA) hereot, if at any time any minor shall be entitled to receive any assets hereunder, DANIEL M. RICKER, III shall act as Guardian of the assets payable to such minor. If he should tailor cease to act, DONNA M. RICKER shall act as Guardian and it she should fail or cease to act, then DAUPHIN DEPOSIT BANK AND TRUST COMPANY shall act as Guardian. The Guardian may receive and administer all assets authorized by law and shall have tull authority to use such assets, both principal and income, in any manner the Guardian shall deem advisable for the be.t interests ot the minor, including college, university, graduate or other education, without securing a court order. The Guardian shall have all the riqhts and privileqes in its capacity - 27 - " l as Guardian as are herein granted to the Trustee as to the trusts created hereunder. All references in this Declaration to the "Guardian" shall mean the originally named Guardian or any successor Guardian, as the case may be. The Guardian shall not use Guardianship funds to discharge any state law support obligation the Guardian may have toward any minor beneficiary. ARTICLE XIX Power to Merae Trusts If the Settlor's Husband shall establish, either by Last will and Testament or by inter vivos Deed or Agreement, trusts similar to the trusts herein established for the benefit of the Settlor's issue, the Trustee herein shall have the right and power to merge trusts herein established with similar trusts for the same beneficiaries established by the Settlor's Husband and to operate each of the merged trusts as a single trust. ARTICLE XX Suretv and CO~DensatiQn of Trustee The Trustee shall serve without the duty or obligation of filing any bond or other security and shall be entitled to ~ compensation for services in accordance with the standard schedule of fees in effect when the services are rendered. - 28 - ~ ARTICLE XXI Revocabilitv t , j 1 I I 1 . J i The Settlor may, by instrument in writing delivered to the Trustee, modify, alter or revoke this instrument in whole or in part; provided, however, that the duties, powers, compensation and liability of the Trustee shall not be changed without the written consent of the Trustee. ARTICLE XXII DA~inition of Issue , In construing this Agreement, KAREN L. BISSO~~rr~ and DAVID R. BISSONNETTE, the step-children of Daniel M. Rieker, III, shall for all purposes be deemed to be his natural children. Such step-children of Daniel M. Rieker, III, shall be included in all references in this Declaration to the children or issue of Daniel ~ M. Ricker, III, or the grandchildren or issue of Settlor. Nothing in this Trust, including specifically ARTICLE VI(C) and ARTICLE VI(D), shall grant any rights to the issue of KAREN L. BISSONNETTE and DAVID R. BISSONNETTE, which issue shall not be deemed to be issue of Daniel M. Rieker, III or the Settlor. - 29 - , I ARTICLE XXIII situs and Counsel This instrument and any trust created hereunder shall be governed by the laws of Pennsylvania and shall have its situs in Dauphin County, Pennsylvania. The Settlor recommends that the Trustee consider Henry W. Rhoads and Rhoads , Sinon, who are familiar with her affairs, as counsel to this Trust. i I 1 IN WITNESS WHEREOF, virginia B. Ricker, as Settlor, has hereunto affixed her hand and seal to this Declaration, and Virginia B. Rieker, as Trustee, has hereunto affixed her hand and seal, accepting this Amended and Restated Declaration of Trust, all on the date and year first above written. WITNESS: \ , SETTLOR: ~ ""\ ~. . r:J ,"". (SEAL) v~r91~r;--B~' Rick~r ".fU...... " Accepted: TRUSTEE 7...... .. J'? /7 i, . vh~l;li~'B:'-Ri~k~r ,'. /~ ... (SEAL) - 30 - COMMONWEALTH OF PENNSYLVANIA ) ) SS: COUNTY OF DAUPHIN ) j 1 I On this, the \ ~ "I-J, day of \"i\"N'__h_ , 1992, before me, a notary public, the undersiqned officer, personally appeared virqinia B. Rieker, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within Declaration, and acknowledqed that she executed the same for the purposes therein contained. i j IN WITNESS WHEREOF, I hereunto set my hand and official seal. C'~, . I...\r- . . \'"'' ,_ ~ . '..J \ '- ~ \\ . l. .' '-\' 1...,.\.~-r._',..Q '-.. -. ._. ~ ,,/~. 4, .... Notary Public . ~ Cd My Commission Expires: (SEAL) NOT Afll.~L SEAL CHRISTINE G. SUNGLUFF, NoIa1y Public Harristlurg.. Dau1=hin County My ~ml'l"!~C';""" !="',,;r"!'!1 J~n. 4. 1993 " . . . .' . , . ,,~._'~." ~ .'...,' '.~~#2~l~'."~A~':~)~~~s~i:::~~;:.!~,;~: ~~~!.i~"" . . .;~;1::'~~~/~~..b1 ",_ ,..-~~~~,l'I.~;i""..~ih ,::--,_~ '\..I,..... ".,,' '" ., ..L.~___..,,__ .~"... ';~."- .. FIRST AMENDMENT TO THE AMENDED AND RESTATED DECLARATION OF TRUST OF THE THE VIRGINIA B. RICKER REVOCABLE TRUST "' ' THIS AMENDMENT ("Amendment") is made this J f., day of i, (~, , 1999 by VIRGINIA B. RICKER, of Mechanicsburg, Cumberland County, Pennsy1vani~ Settlor and Trustee (referred to herein as "SenIor" and "Trustee'') of the Virginia B. Ricker'R1~cable Trust. " I WITNESSETH: \1 WHEREAS, Settlor entered into a Declaration of Trust dated July 31, 1989 between herself as Settlor and Trustee; 1990; WHEREAS, Settlor amended said Declaration of Trust by amendment dated April 4, WHEREAS, Settlor amended and restated said Declaration of Trust on March 13, 1992 (the "Restated Declaration''); WHEREAS, pursuant to Article XXI of the Restated Declaration the Settlor reserved unto herself the right to modify, alter or revoke the Restated Declaration instrument in whole or in part, provided the liability of the Trustee is not thereby changed without the Trustec's consent; and WHEREAS, the Settlor desires to amend Article xvn and Article XVIII of her Restated Declaration. NOW, THEREFORE, for and in consideration of their mutual covenants and premises the Settlor and Trustee agree as follows: 1. Settlor revokes Articles XVll and XVllI of the Restated Declaration and replaces such articles with the fo\1owina: ARTICLE XVII Successor Trustees If Virginia B. Ricker shall during her lifetime fail or cease to act as Trustee by reason of written resignation, or, in the written determination of her then personal attending physician. by reason of her mental incapacity, DANIEL M. RICKER, ill and VIRGINIA R, COLE shall act as Co-Trustees hereunder, provided. however, if either of them should fail or cease to act, then DONNA M. RICKER shall act as Co-Trustee with the survivor. If any two of DANIEL M. RICKER, IlI, VIRGINIA R. COLE and DONNA M. RICKER should fail or cease to act, the .100056.1 survivor shall serve as sole Trustee with all the powers granted to the Co-Trustees. Should Daniel M. Ricker, III, Virginia R. Cole and Donna M. Ricker all fail or cease to act, ALLFIRST BANK, a state-chartered Maryland bank, shall act as sole successor Trustee. Upon the death of Virginia B. Ricker: 1. DANIEL M. RICKER, III and DONNA M. RICKER shall act as Co-Trustees of the Daniel M. Ricker, III Trust under ARTICLE VI hereof; provided, however, if either of them should fail or cease to act, the survivor shall serve as sole Trustee with all the powers granted to the Co- Trustees. Should Daniel M. Ricker, III and Donna M. Ricker both fail or cease to act, ALLFIRST BANK, a state-chartered Maryland bank, shall act as sole successor Trustee of the Daniel M. Ricker, III trust; and 2. VIRGINIA R. COLE shall act as Trustee of the Virginia R. Cole Trust established under ARTICLE V hereof. If Virginia R. Cole should fail or cease to act, ALLFIRST BANK, a Slate-chartercd Maryland bank, shall act as sole successor Trustee. While individuals are serving as Co- Trustees or sole Trustee, anyone or more them may appoint Allfirst Bank or another bank as a corporate Co-Trustee. No individual Co- Trustee or Trustee shall participate in any discretionary decision of the Trustee to make any distribution of the principal of any trust created hereunder to or for himself or herself or to or for a beneficiary where such Co-Trustee or Trustee has a duty to support said beneficiary. All references in this Declaration to the "Trustee" shall refer to the originally name Co-Trustee, the successor Co- Trustees or the sole successor Trustee as the case may be. ARTICLE XVIII Guardian Subject to the terms of ARTICLE n(A) hereof, if at anytime a minor shall be entitled to receive any assets hereunder, ALLFIRST BANK, a state-chartered Maryland bank, shall act as Guardian of the assets payable to such minor. The Guardian may receive and administer all assets authorized by law and shall have full authority to use such assets, both principal and income, in any manner Guardian shall deem advisable for the best interest of the minor, including college, university, graduate or other education, widlout security or a court order. The Guardian shall have all the riahts and privileges in its capacity as Guardian as are herein and granted to the Trustee as to (he trusts created hereunder. All references in this Declaration to the "Guardian" shall mean the oriainally named Guardian or any succ~ssor Guardian, as the case may be. 2. Exc:epl for revoking ARTICLES XVII and XVIII of the Amended and Restated Declaration ofTlUIt and' rep1M:iDI them with ARTICLES XVII and XVIII as set forth herein, all other provisions of the Amended and Restated Declaration of Trust shall not be changed hereby. ..~,,.. ..... r?: f;V;r,:~: '':.'~';~';-'':'''' ..: ;'I).,:~;t:.~~-,~~~.r~t?4v." ~'.4' . . ">.;.'~:;:~~;:ff~~~Z~~~~~~. :~.,:~:~.. . IN WITNESS WHEREOF, VIRGINIA B. RICKER. as Settlor and Trustee, has hereunto affixed her hand and seal to this First Amendment to the Amended and Restated Declaration of Trust oCthe Virginia B. Ricker Revocable Trust as oCthe day and year first above written. WITNESS: '.\ l~v..t.!,,"/f j ,I j ,7 /) , , -j:, ~-. I I 'i\- _ " \ .,):, t\2)J77 ... ' " - f, . . f;; "7 iI,i, , ...../""t..-j~ Il~""" " ,IA__A.....<e- ....c~ Virginia . Ricker, Settlor and Trustee , :'~~i~~~~~P~t~~~t;::t-;%{::.~:~';t;:;;'~~~~11'~;~~ ,,;...!t~t.!~f~::.~:~ "'::~. .~~~~~;?~ ~'r1:'j~f..~I',., ,;.1~)...'.';." ~;:~~.- :-: lOOOS6.1 COMMONWEAL TH OF JNSYL V ANIA '1 . 1 COUNTY OF ~ a 'U<..l~~ ) ) ) SS: On this, the j",:,;Ji. day of ~'h, . 1999, before me, the undersigned ,-1 I officer, personally appeared Virginia B. Ricker, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. / i. ..... ,-, /I.. . C. ./ ..q~.4(..,_ X"': \;."~::;...Ca.,-_ /; Notary Public -ky' Commission Expires: (SEAL) NoIatiaI SeeI PulIIlc _ R. Durham.~ , Harrisllufg. D8I!Il'*'..._ 20 2001 I My Co",missiOn ex_....... . I ~""'mfw r..r.."yhr;",p '\,,~or.iatiOn oC Nota.... ;~ . \::, '~.\ , . :....~:;.:"'"_-\-:'I.i..r.t.....;...;.I~..a~..;Jf.~, . ,~~ '-_:V,;':~.. ~ATTORr. L ~l:.-.W: ~~ . :,,~.~~,:,:,\?-~,."'~.- ;.. ,.... ~ .'.... ;'7~,' .f.l' t6'.........: _...... .;;~~.~~~;.~~~i~~~'1:~~.:~-t~.;,'"' :~.:.:~~. :\~ ,_~.......~..~... >IT:;'s,r. --..,,~)...~~....- ',.~.t... ............w,:.,;,.;.";Q- ..1" _... - ,~. .:!:O '"*>.'. ~ '~:':"'" '_'.f ,.",_u SECOND AMENDMENT TO THE AMENDED AND RESTATED DECLARATION OF TRUST OF THE THE VIRGINIA B. RICKER REVOCABLE TRUST THIS SECOND AMENDMENT ("Second Amendment'') is made this ~ day of August, 1999 by VIRGINIA B. RICKER, of Mel:hanicsburg, Cumberland County, PeMsylvania as Settlor and Trustee (referred to herein as "Settlor" and "Trustee") of the Virginia B. Ricker Revocable Trust. WITNESSETH: WHEREAS, Settlor entered into a Del:laration of Trust dated July 31, 1989 between herself as Settlor and Trustee; WHEREAS, Settlor amended said Del:laration of Trust by amendment dated April 4, 1990; WHEREAS, Settlor amended and restated said Del:laration of Trust on March 13, 1992 (the "Restated Declarationj; WHERAS, Settlor amended the Restated Del:laration on July 16, 1999 (the "First Amendment to the Restated Declaration''); WHEREAS, pursuant to Article XXI of the Restated Declaration the Settlor reserved unto herself the right to modify, alter or revoke the Restated Del:laration instrument in whole or in part, provided the liability of the Trustee is not thereby changed without the Trustee's consent; and WHEREAS, the Settlor desires to amend Article XVII of the First Amendment to the Restated Del:laration. NOW, THEREFORE, for and in consideration of their mutual covenants and premises the Settlor and TI'IIItec agr= as follows: I. Settlor revokes Article XVII of the First Amendment to the Restated Del:laration and replaces such article with the following: 306715.1 .,'..~ ,.;,'" - ARTICLE XVII Successor Trustees If Virginia B. Ricker shall during her lifetime fail or cease to act as Trustee by reason of written resignation, or, in the written determination of her then personal attending physician, by reason of her mental incapacity, DANIEL M. RICKER, III, VIRGINIA R. COLE and DONNA M. RICKER shall aet as Co-Trustees hereunder; provided, however, if anyone of them should fail or cease to act, the two survivors shall serve as Co-Trustees with all the powers granted to the three Co-Trustees. If any two of Daniel M. Ricker, III, Virginia R. Cole and DOMa M. Ricker should fail or cease to act, the survivor shall serve as sole Trustee with all the powers granted to the Co-Trustees. Should Daniel M. Ricker, III, Virginia R. Cole and DOMa M. Ricker all fail or cease to act, ALLFIRST BANK,a state-chartercd Maryland bank, shali act as sole successor Trustee. Upon the death of Virginia B. Ricker: 1. DANIEL M. RICKER, III and DONNA M. RICKER shall act as Co-Trustees of the Daniel M. Ricker, III Trust under ARTICLE VI hereof; provided, however, if either of them should fail or cease to act, the survivor shall serve as sole Trustee with all the powers granted to the Co-Trustees. Should Daniel M. Ricker, III and Donna M. Ricker both fail or cease to act, ALLFIRST BANK, a state-chartered Maryland bank, shall act as sole successor Trustee of the Daniel M. Ricker, III Trust; and 2. VIRGINIA R. COLE shall act as Trustee of the Virginia R. Cole Trust established under ARTICLE V hereof. If Virginia F.. Cole should fail or cease to act, ALLFIRST BANK, a state-chartered Maryland bank, shall act as sole successor Trustee of the Virginia R. Cole Trust. While individuals are serving as Co- Trustees or sole Trustee, anyone or more them may appoint Allfirst Bank or another bank as a corporate Co- Trustee. No individual Co- Trustee or Trustee shall participate in any discretionary decision of the Trustee to make any distribution of the principal of any trust created hereunder to or for himself or herself or to or for a beneficiary where such Co- Trustee or Trustee has a duty to support said beneficiary. All references in this Declaration to the "Trustee" shall refer to the originally named Co- Trustee, the successor Co- Trustees or the sole successor Trustee as the case may be. II. Exeept for revoking ARTICLE XVII of the First Amendment to the Restated Declaration of Trust and replacing it with ARTICLE XVII as set forth herein, all other provisions of the Restated Declaration and the First Amendment to the Restated Declaration shall not be changed hereby. ~ ,:~~~t)"~.:~~,~!-,-:,,. '. ~.'~".' IN WITNESS WHEREOF, VIRGINIA B. RlCKER, as Settlor and Trustee, has hereunto affixed her hand and seal to this Second Amendment to the Amended and Restated Declaration of Trust of the Virginia B. Ricker Revocable Trust as of the day and year first above written. WITNESS: 1~H , I ~L~ '?f.. ,'_.:'. 0, I?_.J.. / Virginia\. Ricker, Settlor and Trustee .. '~,~" :::~1I&:.;>~;i'~:~'~ t.~(J . "'. -s.;.J"_.....:.-:.ct< ___ _~ :i~';,; '-.1", ~1r.(~ ;: 'Fi;{ .~T> ~~~'J ..... .,,~ '1 (" , . ~' ~ r , ' .~ ,1~""..>:.-~~'lQ e...... y~ . ~"'I.: .J,,,. 'On - ~ ..~;;'l ~ ~ , '> ..--"-- - " \ ' Or_ '..! . - ,.,. I < '>.'f':'" , \...~ ~:;: .("".. l~ . ..,,~ '" . ~''''!''.~.'' ~/','i.:,M .;' 1;~~~~,:~(. .\"> , COMMONWEALTH OF PENNSYLVANIA .~ -!'.. COUNTY OF i..-~",~h.,;t!'d"'''( ) ) ) SS: On this, the (:J.~.tL day of c2ur ' 1999, before me, the undersigned officer, personally appeared Virginia B. Ri&;er, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. ....~ Notary Public , {J c' :;~ (SEAL) ..:~ "j " ;.:. "i ~~I ~I NaWiII Seal v.ame R. Durham. ~ Public MyC::='=~2l101 MImbIr: P'.. . ......;~.. .., ""'-ria .'-' ./ fi .;:.<~ ,.<'( ; . . i', , .':1 -': I ':i '0 l; '.". ",' " .-;:- . ~.;:-;. . . ';:~:. .r".l ~.~ '"- .. ,,' .;;': ....~,,~,~.~..JH.!:I"tI!t.,.~.\> s, ...... .y....~..JliIl!~'~ ." '!l\:4~",'~.x;;,:IO . "., .'....: "'-" .j',: ".. _'}, .. ',_". ." -". ,'.,' '.. ,_ ' ... _,.,.'v~,.~..;.~~..;O:~'A ESTATE OF VIRGINIA B. RICKER PA Inheritance Tax Return - Calculation of Residue Less: Transfers w/i one year 5,566,159.50 3,244.619.45 2,321,540.05 95.000.00 2,226,540.05 360.000.00 1,866,540.05 3,566.29 1,862,973.76 divided by 2 = 931,486.88 Net Estate after debts and expenses Less: Daniel M. Ricker, Jr. GST Non-EX QTIP Trust Less: Specific bequests Less: Annuity paid to beneficiaries 476027.1 .;; ~f Register of Wills of Cumberland County, Pennsylvania INVENTORY Estate of Vir~c inia B. Ricker No. 01092 of 2002 also known as Date of Death September 18, 2002 Deceased Social Security No. 149-05-9733 We. Virginia R. Cole. Daniel M. Ricker,. III and Donna M. Ricker Personal Representatives of the above Estate, deceased, verify that the items appearing in the following inventory inGude all of the personal assets wherever sltuate and all of the real estate in the Commonwealth of Pennsylvania of said Decedent, that the valuation placed opposite each Rem of said Inventory represents its fair value as of the date of the Decedent's death, and that Decedent owned no real estate outside of the Commonwealth of Pennsylvania except that which appears in a memorandum at the end of this inventory. We verify that the statements made in this Inventory are true and correct. We understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Name of Attorney: Henry W. Rhoads, Esquire I.D. No.: 07240 Address: Rhoads 8 Sinon LLP, P.O. Box 1146 Harrisburg, PA 17108-1146 Telephone: (717) 233-5731 Fonn RW-7 (Dauphin Cowrty • Rev. 9/92) P'~ers~onal Representativef~s: ~ ~~ V.L~~///~LL/~_ /L~ ~(TC-~ Date d ~~/d.3 Virgin~R. Cole , _ ~~` ~ d")~~~~' ~,~ ~ ~ Date C / 3 ~.~ --Davie%I M. Ricker, III !J i~~ /~.~c`" .Date ~ '"/ C~3 ~'~onna M. Ricker 462422. I NOTE: The Memorandum of real estate outside the Commonwealth of Pennsylvania may, at the election of the personal representative, inGude the value of each item, but such figures should not be extended into the total of the Inventory. r Virginia B Ricker Estate Inventory Valued as of Date of Death Miscellaneous United States Treasury, refund due on final Federal Income Tax Return Capital Blue Cross, refund of unused premium Commonwealth of Pennsylvania, 2000 income tax refund Verizon, refund GST Exempt QTIP Trust under Daniel M. Ricker, Jr. Revocable Trust - Accrued income to date of death of Virginia B. Ricker GST Non-Exempt QTIP Trust under Daniel M. Ricker, Jr. Revocable Trust - Accrued income accrued to date of death of Virginia B. Ricker The Daniel M. Ricker, Jr. and Virginia B. Ricker Irrevocable Charitable Remainder Unitrust for the benefit of Mercersburg Academy Accrued income to date of death of Virginia B. Ricker The Daniel M. Ricker, Jr. Charitable Remainder Unitrust for the benefit of Princeton University Accrued income to date of death of Virginia B. Ricker Total Miscellaneous Total Inventory $ 7, 784.00 501.15 4,480.04 94.22 14,788.29 9,892.50 6, 342.65 8,575.07 $ 52,457.92 $ 52,457.92 Page 1 (1) COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF REVENUE BUREAU OF INDIVIDUAL TAXES DEPT. 280601 HARRISBURG, PA 17128-0601 RECEIVED FROM: PENNSYLVANIA INHERITANCE AND ESTATE TAX OFFICIAL RECEIPT NO. CD 002697 RHOADS HENRY ESQUIRE ONE SOUTH MARKET SQUARE P O BOX 1 146 HARRISBURG, PA 1 71 08-1 1 46 fold ESTATE INFORMATION: ssrv: i4s-os-x733 FILE NUMBER: 2102-1092 DECEDENT NAME: RICKER VIRGINIA B DATE OF PAYMENT: 06/ 1 8/2003 POSTMARK DATE: 00/00/0000 COUNTY: CUMBERLAND DATE OF DEATH: 09/ 1 8/2002 ACN ASSESSMENT AMOUNT CONTROL NUMBER 101 ~ 5250,477.18 TOTAL AMOUNT PAID: REMARKS: DONNA M RICKER C/O HENRY RHOADS ESQUIRE CHECK# 393 SEAL INITIALS: JA RECEIVED BY: DONNA M. OTTO REV-1162 EX111-96) 5250,477.18 DEPUTY REGISTER OF WILLS REGISTER OF WILLS w ROBERT H. LONG, JR.' DEAN F. PIERMATTEI SHERILL T. MOYER KENNETH L. JOEL' JAN P. PADEN DEBRA M. KRIETE RICHARD B. WOOD TODD J. SHILL LAWRENCE B. ABRAMS III' DAVID M. BARASCH J. BRUCE WALTER THOMAS J. NEHILLA JOHN P. MANBECK ROBERT J. TRIBECK FRANK J. LEBER TIMOTHY J. NIEMAN PAUL A. LUNDEEN LORI J. McELROY JACK F. HURLEY, JR. KE'/IN M. GOLD DAVID B. DOWLING CARL D. LUNDBLAD DAVID F. O'LEARY JAMES E. ELLISON DAVID O. TWADDELL RICHARD E. ARTELL CHARLES ]. FERRY PAIJL J. BRUDER, JR.~ STANLEY A SMITH ]O/iNNE BOOK CHRIST 3NE . JENS H DAMGAARD' D T . DRAKE D. NICHOLAS KA HRYN G. SOPHY' STEPHANIE E. DIVITTORE THOMAS A. FRENCH KAl-HLEEN D. BRUDER'•= DEAN H. DUSINBERRE CHRISTYLEE L PECK DONNA M.). CLARK JOHN M. COLES CHARLES E. GUTSHALL HEATHER Z. KELLY PAUL F. WESSELL JAMES J. JARECKI SHAWN D. LOCHINGER JENNIFER ZIMMERMAN JAMES H. CAWLEY 1 ALSO ADMITTED TO THE DIST RICT OF COLUMBIA BAR 2 AL60 ADMITTED TO THE FLORIDA BAR 3 ALSO ADMITTED TO THE MARYLAND B/1R 4 ALSO ADMITTED TO THE NEW JERSEY ~9AR 5 ALSO ADMITTED TO THE NEW YORK BF,R ATTORNEYS AT LAW OF COUNSEL TWELFTH FLOOR HENRY W. BROADS ONE SOUTH MARKET SQUARE P.O. BOX 1146 RETIRED JOHN C. DOWLING HARRISBURG PA 17108-1146 PAUL H. BROADS , 1907-1984 FRANK A. SINON TELEPHONE (717) ?_33-5731 1910-2003 JOHN M. MUSSELMAN 1919-1980 FAX (717) 232-1459 CLYLE R. HENDERSHOT 1922-1980 EMAIL ydurham@rhoads-sinon.com W E B S I T E: WWW.rhoads-sinon.com DIRECT DIAL NO. (717) 231-6677 July 9 2003 FILE NO , . 3094/04 Re: Estate of Virginia B. Ricker Register of Wills Cumberland (:ounty Courthouse 1 Courthouse Square Carlisle, PA 17013 Dear Sir or Madam: Enclosed are the following in connection with the above-captioned Estate: (1) A copy of the Federal Estate Tax Return as filed with the IRS. (2) Check in the amount of $175,250.57 in payment of Pennsylvania Estate tax due. (3) A copy of this letter, with first page of Return attached to be time stamped and returned in the enclosed, self-addressed, stamped envelope. ` ~ Very truly yours, _. ~ BROADS c~ SINON LLP rr ~~ r~ I By: ,. o e R. Durham T al Assistant YRD/shp Enclosures cc: Daniel M. Ricker, III Donna M. Ricker Virginia R. Cole 476269.1 YORK: AFFILIATED OFFICE: LANCASTER: TELEPHONE (717) 843-1718, FAX (717) 232-1459 STTELEPHON ED(561)I395 5595, FAXA(5630395 949732 TELEPHONE (717) 397-4431, FAX (717) 232-1459 - - - COMMONWEALTH OF PENNSYLVANIA REV-1162 EX111-96) DEPARTMENT OF REVENUE BUREAU OF INDIVIDUAL TAXES DEPT. 280601 HARRISBURG, PA 17128-0601 PENNSYLVANIA RECEIVED FROM: INHERITANCE AND ESTATE TAX OFFICIAL RECEIPT N0. CD 002785 MENDELSOHN AMY J 1 SOUTH MARKET STREET PO BOX 1 146 HARRISBURG, PA 1 71 08-1 1 46 ACN ASSESSMENT AMOUNT CONTROL NUMBER -------- fold ESTATE INFORMATION: ssrv: i4s-o5-x733 FILE NUMBER: 2102-1092 DECEDENT NAME: BICKER VIRGINIA B DATE OF PAYMENT: 07/10/2003 POSTMARK DATE: 00/00/0000 COUNTY: CUMBERLAND DATE OF DEATH: 09/18/2002 101 ~ 5175,250.57 TOTAL AMOUNT PAID: REMARKS: C/O YVONNE R DURHAM LEGAL ASSISTANT CHECK# 397 SEAL INITIALS: JA RECEIVED BY: REGISTER OF WILLS 5175,250.57 DONNA M. OTTO DEPUTY REGISTER OF WILLS \ ~~-1~~-_~~ _ ~/ BUREAU OF INDIVIDUAL TAXES COMMONWEALTH OF PENNSYLVANIA INHERITANCE TAX DIVISION DEPARTMENT OF REVENUE DEPT. 280601 HARRIS8LIRG, PA 17128-0601 NOTICE OF INHERITANCE TAX APPRAISEMENT, ALLOWANCE OR DISALLOWANCE OF DEDUCTIONS AND ASSESSMENT OF TAX REY-1547 E% ~FP (O1-OS) DATE 12-15-2003 ESTATE OF RICKER VIRGINIA B DATE OF DEATH 09-18-2002 FILE NUMBER 21 02-1092 HENRY W RHOADS ESQ COUNTY CUMBERLAND ONE S MARKET SQUARE ACN 101 PO BOX 114b Amount Remitted HARRISBURG PA 17108-1146 MAKE CHECK PAYABLE AND REMIT PAYMENT T0: REGISTER OF WILLS CUMBERLAND CD COURT HOUSE CARLISLE, PA 17013 CUT ALONG THIS LINE - RETA_IN LOWER POR TION FOR YOUR ----------------------------------------- RECORDS ~ _ _ _ REV-1547 EX AFP (01-03) NOTICE OF INHERITANCE TAX APPRAISENEWT ----------------- , ALLOWANCE DISALLOWANCE OF DEDUCTIONS AND ASSESSMENT OF TAX OR ESTATE OF RICKER VIRGINIA B FILE N0. 21 02-1092 ACN 101 DATE 12-15-2003 TAX RETURN WAS: (X) ACCEPTED AS FILED ( ) CHANGED RESERVATION CONCERNING FUTURE INTEREST - SEE REVERSE APPRAISED VALUE OF RETURN BASED ON: ORIGINAL RETURN 1. Real Estate (Schedule A) (1) .00 NOTE: To insure proper 2. Stocks and Bonds (Schedule B) (2) .00 credit to your account 3. Closely Held Stock/Partnership Interest (Schedule C) (3) .00 , submit the upper portion 4. Mortgages/Notes Receivable (Schedule D) (4) .00 of this fore with your 5. Cash/Bank Deposits/Misc. Personal Property (Schedule E) (5) 52.457.92 tax payment. 6. Jointly Owned Property (Schedule F) (6) .00 7. Transfers (Schedule G) (7) 5 , 601 , 046.58 8. Total Assets (g) 5,653,504.50 APPROVED DEDUCTIONS AND EXEMPTIONS: 9. Funeral Expenses/Adm. Costs/Misc. Expenses (Schedule Hl (9) 73,423.87 10. Debts/Mortgage Liabilities/Liens (Schedule I) (10) 1 3.921.1 3 11. Total Deductions 12. Net Value of Tax Return (11) ( 87.4 00 5 566 159 50 12) 13. CharitablelGovernnental Bequests; Non-elected 9113 Trusts (Schedule J) (13) , , . .00 14. Net Value of Estate Subject to Tax (1 5 566 159 50 NOTE: if an assessment was issued previously, lines 14, 15 reflect figures that include th t 4) , , . andior 16, 17, 18 and 19 will e otal of ALL returns assessed to ASSESSMENT OF TAX: date. 15. Amount of Line 14 at Spousal rate (15) 00 •00 _ 00 X 16. Amount of Line 14 taxable at Lineal/Class A rate (16) 5,566,159.50 X 045 . = 250,477.18 17. Amount of Line 14 at Sibling rate (17) 00 12 18. Amount of Line 14 taxable at Collateral/Class B rate [18) . X 00 15 - .00 19. Principal Tax Due . X - .00 TAX CREDITS' (lq) = 250,477.18 /PEN PAID [-) ~ AMOUNT PAID TOTAL TAX CREDIT 250,477.18 BALANCE OF TAX DUE .00 INTEREST AND PEN. .00 TOTAL DUE .00 * IF PAID AFTER DATE INDICATED, SEE REVERSE ( IF TOTAL DUE IS LESS THAN 51, NO PAYMENT IS REQUIRED. FOR CALCULATION OF ADDITIONAL INTEREST. IF TOTAL DUE IS REFLECTED AS A "CREDIT" (CR), YOU MAY BE DUE A REFUND. SEE REVERSE SIDE OF THIS FORM FOR INSTRUCTIONS.) RESERVATION: Estates of decedents dying on or before December 12, 1982 -- if any future interest in the estate is transferred in possession ar enjoyment to Class B (collateral) beneficiaries of the decedent after the expiration of any estate for life or for years, the Commonwealth hereby expressly reserves the right to appraise and assess transfer Inheritance Taxes at the lawful Class B (collateral) rate on any such future interest. PURPDSE OF NOTICE: To fulfill the requirements of Section 2140 of the Inheritance and Estate Tax Act, Act 23 of 2000. (72 P. . Section 9140). PAYMENT: Detach the top portion of this Notice and submit with your payment to the Register of Wills printed on the reverse side. --Make check or money order payable tc: REGISTER OF KILLS, AGENT REFUND (CR): A refund of a tax credit, which was not requested an the Tax Return, may be requested by completing an "Application for Refund of Pennsylvania Inheritance and Estate Tax" (REV-1313). Applications are available at the Office of the Register of Wills, any of the 23 Revenue District Offices, ar by calling the special 24-hour answering service for forms ordering: 1-800-362-2050; services for taxpayers with special hearing and / or speaking needs: 1-800-447-3020 (TT only). OBJECTIONS: Any party in interest not satisfied with the appraisement, allowance, or disallowance of deductions, or assessment of tax (including discount or interest) as shown on this Notice must object within sixty (60) days of receipt of this Notice by: --written protest to the PA Department of Revenue, Board of Appeals, Dept. 281021, Harrisburg, PA 17128-1021, OR --election tc have the matter determined at audit of the account of the personal representative, OR --appeal to the Orphans' Court. ADMIN- ISTRATIVE CORRECTIONS: Factual errors discovered on this assessment should be addressed in writing to: PA DeparPAen17128-0601ue, Bureau of Individual Taxes, ATTN: Post Assessment Review Unit, Dept. 280601, Harrisburg, Phone (717) 787-6505. See page 5 of the booklet "Instructions for Inheritance Tax Return for a Resident Decedent" (REV-1501) for an explanation of administratively correctable errors. DISCOUNT: If any tax due is paid within three (37 calendar months after the decedent's death, a five percent C5%) discount of the tax paid is allowed. PENALTY: The 15% tax amnesty non-participation penalty is computed on the total of the tax and interest assessed, and not paid before January 18, 1996, the first day after the end of the tax amnesty period. This non-participation penalty is appealable in the same manner and in the the same time period as you would appeal the tax and interest that has been assessed as indicated on this notice. INTEREST: Interest is charged beginning with first day of delinquency, ar nine (9) months and one (1) day from the date of death, to the date of payment. Taxes which became delinquent before January 1, 1982 hear interest at the rate of six (6%) percent per annum calculated at a daily rate of .000164. All taxes which became delinquent on and after January 1, 1982 will bear interest at a rate which will vary from calendar year to calendar year with that rate announced by the PA Oepartnent of Revenue. The applicable interest rates for 1982 through 2Interest Daily Interest Daily Interest Daily Year Rate Factor Year Rate Factor Year Rate Factor .000247 1999 7% .000192 1982 2p'/, .000548 1987 9~ .000219 1983 16% .000438 1988-1991 11% .000301 2000 8~ ,000247 1984 11% .000301 1992 9% .000247 2001 9% 1985 13% .000356 1993-1994 7% .000192 2002 6% .000164 1986 10% .000274 1995-1998 9% .000247 2003 5% .000137 --Interest is calculated as follows: INTEREST = BALANCE OF TAX UNPAID X NUMBER OF DAYS DELINQUENT X DAILY INTEREST FACTOR --Any Notice issued after the tax becomes delinquent will reflect an interest calculation to fifteen (15) days beyond the date of the assessment. If payment is made after the interest computation date shown on the Notice, additional interest must be calculated. BUREAU OF INDIVIDUAL TAXES INHERITANCE TAX BIVISION DEPT. 288601 HARRISBURG, PA 17128-0681 ( - - - COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF REVENUE NOTICE OF DETERMINATION AND ASSESSMENT OF PENNSYLVANIA ESTATE TAX BASED ON FEDERAL ESTATE TAX RETURN HENRY W RHOADS ESQ ONE S MARKET SQUARE PO BOX 1146 HARRISBURG PA 17108-1146 REV-483 ER ~FP (81-83) DATE 12-15-2003 ESTATE OF RICKER VIRGINIA B DATE OF DEATH 09-18-2002 FILE NUMBER 21 02-1092 COUNTY CUMBERLAND ACN 201 Amount Remitted MAKE CHECK PAYABLE AND REMIT PAYMENT T0: 3 REGISTER OF WILLS CUMBERLAND CO COURT HOUSE CARLISLE, PA 17013 NOTE: To insure proper credit to your account, submit the upper portion of this fora with your tax payment. CUT ALONG THIS LINE ------ RETAIN LOWER PORTION FOR YOUR FILES __~____ --------- ---- ------------------ _____ --------- -- ----------------------------------- REV-483 EX AFP (01-031 *~ NOTICE OF DETERMINATION AND ASSESSMENT ------------"' OF PENNSYLVANIA ESTATE TAX BASED ON FEDERAL ESTATE TAX RETURN ~~ ESTATE OF RICKER VIRGINIA B FILE N0.21 02-1092 ACN 201 DATE 12-15-2003 ESTATE TAX DETERMINATION 1. Credit For State Death Taxes as Verified 425,727.75 2. Pennsylvania Inheritance Tax Assessed 250,477.18 (Excluding Discount and/or Interest) 3. Inheritance Tax Assessed by Other States .00 or Territories of the United States (Excluding Discount and/or Interest) 4. Total Inheritance Tax Assessed 250,477.18 5. Pennsylvania Estate Tax Due 175.250.57 TAX CREDITS: PAYMENT RECEIPT DISCOUNT (+) DATE NUMBER INTEREST/PEN PAID (-) AMOUNT PAID 07-10-2003 CD002785 .00 175,250.57 TOTAL TAX CREDIT 175,250.57 SALANCE OF TAX DUE .00 INTEREST AND PEN. 528.21 TOTAL DUE 528.21 *IF PAID AFTER THIS DATE, SEE REVERSE SIDE (IF TOTAL DUE IS LESS THAN 51, NO PAYMENT IS REQUIRED FOR CALCULATION OF ADDITIONAL INTEREST. IF TOTAL DUE IS REFLECTED AS A ''CREDIT" (CR), YOU MAY BE DUE A REFUND. SEE REVERSE SIDE OF THIS FORM FOR INSTRUCTIONS.) PURPOSE OF NOTICE: To fulfill the requirements of Section 2140 (b) of the Inheritance and Estate Tax Act, Act 23 of 200 . (72 P.S. Section 9140). PAYMENT: Oetach the tap portion of this Notice and submit with your payment to the Register of Wills printed on the reverse side. -- Make check or money order payable to: REGISTER OF WILLS, AGENT . REFUND CCR): A refund of a tax credit may be requested by completing an "Application for Refund of Pennsylvania Inheritance and Estate Tax^ (REV-1313). Applications are available at the Office of the Register of Wills, any of the 23 Revenue District Offices or from the Department's 24-hour answering service for forms ordering: 1-800-362-ZD50; services for taxpayers with special hearing and / or speaking needs: 1-800-447-3020 (TT only). 08JECTIONS: Any party in interest not satisfied with the assessment of tax as shown on this notice may object within sixty (60) days of receipt of this Notice by: --written protest to the PA Department of Revenue, Board of Appeals, Dept. 281021, Harrisburg, PA 17128-1021, OR --electing to have the matter determined at audit of the personal representative, OR --appeal to the Orphans' Court. ADMIN- ISTRATIVE CORRECTIONS: Factual errors discovered on this assessment should be addressed in writing to: PA Department o evenue, Bureau of Individual Taxes, ATTN: Past Assessment Review Unit, Dept. 280601, Harrisburg, PA 17128-0601, Phone C717) 787-6505. See page 5 of the booklet "Instructions for Inheritance Tax Return for a Resident Decedent^ (REV-1501) for an explanation of administratively correctable errors. PENALTY: The 15% tax amnesty non-participation penalty is computed on the total of the tax and interest assessed, and not paid before January 18, 1996, the first day after the end of the tax amnesty period. This non-participation penalty is appealable in the same manner and in the the same time period as you would appeal the tax and interest that has been assessed as indicated on this notice. INTEREST: Far dates of death an or after 10-3-91, Pennsylvania Estate Tax based on the Federal Estate Tax return becomes delinquent at the expiration of nine (09) months from the date of death. For dates of death prior to 10-3-91, Pennsylvania Estate Tax based on the Federal Estate Tax return becomes delinquent at the expiration of eighteen C18) months from the data of death. Taxes which became delinquent before January 1, 1982 bear interest at the rate of six C6%) percent per annum calculated at a daily rate of .000164. All taxes which became delinquent an or after January 1, 1982 will bear interest at a rate which will vary from calendar year to calendar year with that rate announced by the PA Department of Revenue. The applicable interest rates far 1982 through 2003 are: Interest Daily Interest Daily Interest Daily Rate Factor Year Rate Factor Year Rate Factor Year 1982 20% .000548 1987 9% .000247 1999 7% .000192 1988-1991 11% .000301 2000 8% .000219 1983 16% .000438 .000247 1984 11% .000301 1992 9% .000247 2001 9% 1985 13% .000356 1993-1994 7% .000192 2002 6% .000164 .000247 2003 5% .000137 1986 10% .000274 1995-1998 9% --Interest is calculated as follows: INTEREST = BALANCE OF TAX UNPAID X NUMBER OF DAYS DELINQUENT X DAILY INTEREST FACTOR --Any Notice issued after the tax becomes delinquent will reflect an interest calculation to fifteen (15) days beyond the date of the assessment. If payment is made after the interest computation date shown on the Notice, additional interest must be calculated. ~ ~~ REV-7470 EX (8-88) COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF REVENUE BUREAU OF INDIVIDUAL TAXES DEPT. 280601 HARRISBURG PA 17128-0601 DECEDENTS NAME Ricker, Virginia B. REVIEWED BY Department of Revenue ITEM SCHEDULE NO. INHERITANCE TAX EXPLANATION OF CHANGES FILE EXPLANATION OF CHANGES 2102-1092 201 The maximum "State Death Tax Credit' has been recalculated according to the revisions to the Pennsylvania Estate Tax as revised by ACT 89 of 2002. This revision is effective for decedents dying on or after July 1, 2002. ROW Page 1 r BUREAU OF INDIVIDUAL TAXES INHERITANCE TAX DIVISION DEPT. 280601 HARRISBURG, PA 17128-0601 COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF REVENUE INHERITANCE TAX STATEMENT OF ACCOUNT HENRY W RHOADS ESQ ONE S MARKET SQUARE PO BOX 114b HARRISBURG PA 17108-1146 REY-1607 E% ~FV [01-05) DATE 12-15-2003 ESTATE OF RICKER VIRGINIA B DATE OF DEATH 09-18-2002 FILE NUMBER 21 02-1092 COUNTY CUMBERLAND ACN 101 Amount Remitted MAKE CHECK PAYABLE AND REMIT PAYMENT T0: REGISTER OF WILLS CUMBERLAND CO COURT HOUSE CARLISLE, PA 17013 NOTE: To insure proper credit to your account, submit the upper portion of this form with your tax payment. CUT ALONG THIS LINE --_ RETAIN LOWER PORTION FOR YOUR RECORDS __~ ----------------------------- _______ REV-1607 EX AFP [01-03] ~~~--------------------------'--'------------ INHERITANCE TAX STATEMENT OF ACCOUNT ~~~ -------------- ESTATE OF RICKER VIRGINIA B FILE N0. 21 02-1092 ACN 101 DATE 12-15-2003 THIS STATEMENT IS PROVIDED TO ADVISE OF THE CURRENT STATUS OF THE STATED ACN IN THE NAMED ESTATE. SHOWN BELOW IS A SUMMARY OF THE PRINCIPAL TAX DUE, APPLICATION OF ALL PAYMENTS, THE CURRENT BALANCE, AND, IF APPLICABLE, A PROJECTED INTEREST FIGURE. DATE OF LAST ASSESSMENT OR RECORD ADJUSTMENT: 12-15-2003 PRINCIPAL TAX DUE :........................................................................................................................................................................................................................ PAYMENTS (TAX CREDITS): PAYMENT RECEIPT DISCOUNT (+) DATE NUMBER INTEREST/PEN PAID (-) AMOUNT PAID 06-18-2003 CD002697 .00 250,477.18 TOTAL TAX CREDIT BALANCE OF TAX DUE INTEREST AND PEN. * IF PAID AFTER THIS DATE, SEE REVERSE TOTAL DUE SIDE FOR CALCULATION OF ADDITIONAL INTEREST. ( IF TOTAL DUE IS LESS THAN 51, NO PAYMENT IS REQUIRED. IF TOTAL DUE IS REFLECTED AS A "CREDIT" (CR), YOU MAY BE DUE A REFUND. SEE REVERSE SIDE OF THIS FORM FOR INSTRUCTIONS. ) 250,477.18 250,477.18 .00 .00 .00 PAYMENT: Detach the top porticn of this Notice and submit with your payment made payable to the name and address printed on the reverse side. -- If RESIDENT DECEDENT make check or money order payable to: REGISTER OF WILLS, AGENT. -- If NON-RESIDENT DECEDENT make check ar money order payable to: COMMONWEALTH OF PENNSYLVANIA. REFUND (CR): A refund of a tax credit, which was not requested on the Tax Return, may be requested by completing an "Application far Refund of Pennsylvania Inheritance and Estate Tax" (REV-1313). Applications are available at the Office of the Register of Wills, any of the 23 Revenue District Offices or from the Department's 24-hour answering service for forms ordering: 1-800-362-2050; services for taxpayers with special hearing and / or speaking needs: 1-8D0-447-3020 CTT only). REPLY T0: Questions regarding errors contained on this notice should be addressed to: PA Department of Revenue, Bureau of Individual Taxes, ATTN: Post Assessment Review Unit, Dept. 280601, Harrisburg, PA 17128-0601, phone (7171 787-65D5. DISCOUNT: If any tax due is paid within three (3) calendar months after the decedent's death, a five percent C5%) discount of the tax paid is allowed. PENALTY: The 15% tax amnesty non-participation penalty is computed on the total of the tax and interest assessed, and not paid before January 18, 1996, the first day after the end of the tax amnesty period. INTEREST: Interest is charged beginning with first day of delinquency, or nine (9) months and one (1) day from the date of death, to the date of payment. Taxes which became delinquent before January 1, 1982 bear interest at the rate of six (6%) percent per annum calculated at a daily rate of .OD0164. All taxes which became delinquent on and after January 1, 1982 will bear interest at a rate which will vary from calendar year to calendar year with that rate announced by the PA Department of Revenue. The applicable interest rates for 1982 through 2003 are: Interest Daily Interest Daily Interest Daily Year Rate Factor Year Rate Factor Y=ar Rate Factor 1982 2g'/, .OOD548 1987 9% .000247 1999 7% .000192 1983 16% .OOD438 1988-1991 11% .000301 2000 8% .D00219 1984 11% .000301 1992 9% .000247 2001 9% .000247 1985 13% .000356 1993-1994 7% .000192 2002 6% .000164 1986 10% .000274 1995-1998 9% .000247 20D3 5% .D00137 --Interest is calculated as follows: INTEREST = BALANCE OF TAX UNPAID X NUMBER OF DAYS DELINQUENT X DAILY INTEREST FACTOR --Any Notice issued after the tax becomes delinquent will reflect an interest calculaticn to fifteen C15) days beyond the date of the assessment. If payment is made after the interest computation date shown on the Notice, additional interest must be calculated. F BUREAU OF INDIVIDUAL. TAXES INHERITANCE TAX ~IVISIDN DEPT. 280601 HARRISBURG, PA 17128-06011 COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF REVENUE INHERITANCE TAX STATEMENT OF ACCOUNT HENRY W RHOADS ESQ ONE S MARKET SQUARE PO BOX 1146 HARRISBURG PA 17108-1146 DATE ESTATE OF DATE OF DEA FILE NUMBER COUNTY ACN ~- REV-1607 EX AFP (O1-OS7 12-15-2003 RICKER VIRGINIA B TH 09-18-2002 21 02-1092 CUMBERLAND 201 Amount Remitted MAKE CHECK PAYABLE AND REMIT PAYMENT T0: REGISTER OF WILLS CUMBERLAND CO COURT HOUSE CARLISLE, PA 17013 NOTE: To insure proper credit to your account, submit the upper portion of this form with your tax payment. CUT ALONG THIS LINE __-___ RETAIN LOWER PORTION FOR YOUR RECORDS __~ ----------------------------- REV-1607 EX AFP (01-03) ~** --~-------'--'- --------------------- INHERITANCE TAX STATEMENT OF ACCOUNT ~~~ ESTATE OF RICKER VIRGINIA B FILE N0. 21 02-1092 ACN 201 THIS STATEMENT IS PROVIDED TO ADVISE OF THE CURRENT STATUS OF THE STATED ACN IN THE NAMED ESTATETESHOWN BEL w003 IS A SUMMARY OF THE PRINCIPAL TAX DUE, APPLICATION OF ALL PAYMENTS, THE CURRENT BALANCE, AND, IF APPLICABLE, A PROJECTED INTEREST FIGURE. DATE OF LAST ASSESSMENT OR RECORD ADJUSTMENT: 12-15-2003 PRINCIPAL TAX DUE: PAYMENTS (TAX CREDITS): PAYMENT RECEIPT DATE NUMBER 07-10-2003 CD002785 DISCOUNT (+) INTEREST/PEN PAID (-) AMOUNT PAID .00 175,250.57 BALANCE OF UNPAID INTEREST/PENALTY AS OF 07-11-2003 TOTAL TAX CREDIT BALANCE OF TAX DUE INTEREST AND PEN. * IF PAID AFTER THIS DATE, SEE REVERSE TOTAL DUE SIDE FOR CALCULATION OF ADDITIONAL INTEREST. ( IF TOTAL DUE IS LESS THAN S1, NO PAYMENT IS REQUIRED. IF TOTAL DUE IS REFLECTED AS A "CREDIT" (CR), YOU MAY BE DUE A REFUND. SEE REVERSE SIDE OF THIS FORM FOR INSTRUCTIONS. ) 175,250.57 175,250.57 .00 528.21 528.21 PAYMENT: Detach the top portion of this Notice and submit with your payment made payable to the name and address printed on the reverse side. -- If RESIDENT DECEDENT make check or money order payable to: REGISTER OF WILLS, AGENT. -- If NON-RESIDENT DECEDENT make check or money order payable to: COMMONWEALTH OF PENNSYLVANIA. REFUND (CR): A refund of a tax credit, which was not requested on the Tax Return, may be requested by completing an "Application far Refund of Pennsylvania Inheritance and Estate Tax" CREV-1313). Applications are available at the Office of the Register of Wills, any of the 23 Revenue District Offices or from the Department's 24-hour answering service for farms ordering: 1-SDO-362-2050; services for taxpayers with special hearing and / or speaking needs: 1-800-447-3020 (TT only). REPLY T0: Questions regarding errors contained on this notice should be addressed to: PA Department of Revenue, Bureau of Individual Taxes, ATTN: Post Assessment Review Unit, Dept. 280601, Harrisburg, PA 17128-0601, phone (7171 787-6505. DISCOUNT: If any tax due is paid within three (3) calendar months after the decedent's death, a five percent (5%) discount of the tax paid is allowed. PENALTY: The 15% tax amnesty non participation penalty is computed on the total of the tax and interest assessed, and not paid before January 18, 1996, the first day after the end of the tax amnesty period. INTEREST: Interest is charged beginning with first day of delinquency, or nine C9) months and one C1) day from the date of death, to the date of payment. Taxes which became delinquent before January 1, 1982 bear interest at the rate of six (6%) percent per annum calculated at a daily rate of .000164. All taxes which became delinquent on and after January 1, 1982 will bear interest at a rate which will vary from calendar year to calendar year with that rate anncunced by the PA Department of Revenue. The applicable interest rates for 1982 through 2003 are: Interest Daily Interest Daily Interest Daily Year Rate Factor Y_~ar Rate Factor Y=ar Rate Factor .000247 1999 7% .000192 1982 20% .000548 1987 9% .000219 1983 16% .000438 1988-1991 11% .000301 2000 8% 1992 9% .000247 2001 9% .000247 1984 11% .000301 .000192 2002 6% .000164 1985 13% .000356 1993-1994 7% 1986 10% .000274 1995-1998 9% .000247 2003 5% .000137 --Interest is calculated as follows: INTEREST = BALANCE OF TAX UNPAID X NUMBER OF DAYS DELINQUENT X DAILY INTEREST FACTOR --Any Notice issued after the tax becomes delinquent will reflect an interest calculation to fifteen (15) days beyond the date of the assessment. If payment is made after the interest computation date shown on the Notice, additional interest must be calculated. _ F ~ COMMONWEALTH OF PENNSYLVANIA BUREAU of INDIVIDUAL raxES INHERITANCE TAX DIVISION DEPARTMENT OF REVENUE ;, DEPT. 280601 INHERITANCE TAX HARRISBURG, PA 17128-0601 STATEMENT OF ACCOUNT A REV-1607 EX AFP c01-PS) ~v~ DATE 12-15-2003 ESTATE OF RICKER VIRGINIA B DATE OF DEATH 09-18-2002 FILE NUMBER 21 02-1092 COUNTY- CUMBERLAND HENRY W RHOADS ESQ ACN 201 ONE S MARKET S UARE Q Amount Remitted PO BOX 114b~ HARRISBURG PA 17108-1146 $528.21 MAKE CHECK PAYABLE AND REMIT PAYMENT TO: REGISTER OF WILLS CUMBERLAND CO COURT HOUSE CARLISLE, PA 17013 NOTE: To insure proper credit to your account, submit the upper portion ofi this form with your tax payment. _ - -~'^ ~_'••~ - ~ _-- _~E.IA N LOW R P RTION FQR~(QU~_R~CORDS -~ COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF REVENUE BUREAU OF INDIVIDUAL TAXES DEPT. 280601 HARRISBURG, PA 1 7 1 28-0601 RECEIVED FROM: BROADS HENRY' W ESQUIRE P O BOX 1 146 HARRISBURG, PA 17108-1146 fold ESTATE INFORMATION: ssN: i4s-o5-s733 FILE NUMBER: 2102-1092 DECEDENT NAME: BICKER VIRGINIA B DATE OF PAYMENT: 01 /02/2004 POSTMARK DATE: 00/00/0000 couNrY: CUMBERLAND DATE OF DEATH: 09/ 1 8/2002 - - - REV-1162 EX111-96) PENNSYLVANIA INHERITANCE AND ESTATE TAX OFFICIAL RECEIPT DUPLICATE N0. CD 003402 ACN ASSESSMENT AMOUNT CONTROL NUMBER 201 ~ 5528.21 TOTAL AMOUNT PAID: 5528.21 REMARKS: DONNA M BICKER C/O HENRY W BROADS ESQUIRE CHECK# 400 INITIALS: JA SEAL RECEIVED BY: GLENDA EARNER STRn~Rni Iru REGISTER OF WILLS DEPUTY REGISTER OF WILLS BUREAU OF INDIVIDUAL TAXES INHERITANCE TAX DIVISION DEPT. 280601 HARRISBURG, PA 17128-0601 COMMONWEALTH OF PENNSYLVANIA DEP,~IRTMENT OF REVENUE PENNSYLVANIA ESTATE TAX RECORD ADJUSTMENT HENRY W RHOADS ESQ ONE S MARKET SQUARE PO BOX 1146 HARRISBURG PA 17108-1146 REV-1625 E% -FP (Y1-OS) DATE 01-13-2004 ESTATE OF RICKER VIRGINIA B DATE OF DEATH 09-18-2002 FILE NUMBER 21 02-1092 COUNTY CUMBERLAND ACN 201 Amount Remitted MAKE CHECK PAYABLE AND REMIT PAYMENT T0: REGISTER OF WILLS CUMBERLAND CO COURT HOUSE CARLISLE, PA 17013 NOTE: To insure proper credit to your account, subeit the upper portion of this fore with your tax payment. CUT ALONG THIS LINE _- RETAIN LOWER PORTION FO_R YOUR FILES -~ ----------------------------- ---------------------------- ___ REV-1623 EX AFP (01-03) ~~ PENNSYLVANIA ESTATE TAX RECORD ADJUSTMENT ~~ ----------- ESTATE OF RICKER VIRGINIA B FILE N0.21 02-1092 ACN 201 DATE 01-13-2004 ADJUSTMENT BASED ON: ADMINISTRATIVE CORRECTION CODE 706 1. Credit For State Death Taxes as Verified 2. Pennsylvania Inheritance Tax Assessed (Excluding Discount and/or Interest) 3. Inheritance Tax Assessed by Other States or Territories of the United States (Excluding Discount and/or Interest) 4. Total Inheritance Tax Assessed 5. Pennsylvania Estate Tax Due 250,477.18 .00 6. Amount of Pennsylvania Estate Tax Previously Assessed Based on Federal Estate Tax Return 7. Additional Pennsylvania Estate Tax Due TAX CREDITS: 319,295.81 250,477.18 68,818.63 .00 .00 PAYMENT DATE RECEIPT NUMBER DISCOUNT (+) INTEREST/PEN PAID (-) AMOUNT PAID 07-10-2003 CD002785 207.42- 175,250.57 TOTAL TAX CREDIT 175,043.15 BALANCE OF TAX DUE 106,224.52CR INTEREST AND PEN. .00 TOTAL DUE 106,224.52CR * IF PAID AFTER THIS DATE, SEE REVERSE SIDE ( IF TOTAL DUE IS LESS THAN S1, NO PAYMENT IS REQUIRED. FOR CALCULATION OF ADDITIONAL INTEREST. IF TOTAL DUE IS REFLECTED AS A "CREDIT" (CR), YOU MAY BE DUE A REFUND. SEE REVERSE SIDE OF THIS FORM FOR INSTRUCTIONS.) PAYMENT: Detach the tap portion of this Notice and submit with your payment made payable to the name and address printed on the reverse side. -- Make check or money order payable to: REGISTER OF WILLS, AGENT. REFUND CCRI: A refund of a tax credit, which was not requested on the Tax Return, may be requested by completing an ^Application for Refund of Pennsylvania Inheritance and Estate Tax" (REV-1313). Applications are available at the Office of the Register of Wills, any of the 23 Revenue District Offices or from the Department's 24-hour answering service for forms orderin g: 1-800-362-2050; services for taxpayers with special hearing and / or speaking needs: 1-800-447-3020 (TT only). REPLY T0: Questions regarding errors contained on this notice should be addressed in writing to: PA Department of Revenue, Bureau of Individual Taxes, ATTN: Post Assessment Review Unit, Dept. 280601, Harrisburg, PA 17128-0601, Phone (717) 787-6505. PENALTY: The 15% tax amnesty non-participation penalty is computed on the total of the tax and interest assessed, and not paid before January 18, 1996, the first day after the end of the tax amnesty period. INTEREST: For Date of Death after 10-3-91 Pennsylvania Estate Tax based on the Federal Estate Tax return becomes delinquent at the expiration of nine (9) months from the date of death (Assessment control number (ACN) 201 only). For Date of Death prior to 10-3-91 Pennsylvania Estate Tax based on the Federal Estate Tax return becomes delinquent eighteen (18) months from the date of death (Assessment Control Number (ACN) 201 only). Additional Pennsylvania Estate Tax assessed as a result of a change based on the Federal Estate Tax closing letter becomes delinquent at the expiration of one (1) month from the date of the final notice of the increase in Federal Estate Tax is received. (Assessment Control Number CACN) 202 only.) Taxes which became delinquent before January 1, 1982 bear interest at the rate of six (6%) percent per annum calculated at a daily rate of .000164. All taxes which became delinquent on or after January 1, 1982 will bear interest at a rate which will vary from calendar year to calendar year with that rate announced by the PA Department of Revenue. The applicable interest rates for 1982 through 2003 are: Interest Daily Interest Daily Interest Daily Year Rate Factor Year Rate Factor Year Rate Factor 1987 9% .000247 1999 7% .000192 1982 20% .000548 ,000219 1983 16% .000438 1988-1991 11% .000301 2000 8% 9'/, .000247 2001 9% .000247 1984 11% .000301 1992 .000192 2002 6% .000164 1985 13% .000356 1993-1994 7% 2003 5% .000137 1986 10% .000274 1995-1998 9% .000247 --Interest is calculated as follows: INTEREST = BALANCE OF TAX UNPAID X NUMBER OF DAYS DELINQUENT X DAILY INTEREST FACTOR --Any Notice issued after the tax becomes delinquent will reflect an interest calculation to fifteen (15) days beyond the date of the assessment. If payment is made after the interest computation data shown on the Notice, additional interest must be calculated. REV-1470 EX (688) INHERITANCE TAX COMMONWEALTH OF PENNSYLVANIA EXPLANATION DEPARTMENT OF REVENUE OF CHANGES BUREAU OF INDIVIDUAL TAXES DEPT. 280601 HARRISBURG PA 17128-0601 DECEDENT'S NAME FILE NUMBER Ricker, Virginia B 21 02-1092 REVIEWED BY ACN Department of Revenue 201 ITEM SCHEDULE NO. EXPLANATION OF CHANGES The above ACN has been adjusted in accordance with ACT 48 of 2003. If a credit balance or a refund is noted on this record adjustment, you may expect the refund within four weeks of the date of this record adjustment. Row Page 1 ~u~L~z±~lu ~ounLy - MeglsEer oz Wills Hanover and High Street Carlisle, PA 17013 Phone: (717) 240-6345 Date: 8/03/2004 RICKER DONNA M 6 PARTRIDGEBERRY LANE DURHAM, NH 03824 RE: Estate of RICKER VIRGINIA B File Number: 2002-01092 Dear Sir/Madam: It has come to my attention that you have not filed the Status Report by Personal Representative (Rule 6.12) in the above captioned estate. As per the AMENDMENTS TO SUPREME COURT ORPHANS' COURT RULES, NO. 103 SUPREME COURT RULES DOCKET NO. 1, for decedents dying on or after July 1, 1992, the personal representative or his counsel, within two (2) years of the decedent's death, shall file with the Register of Wills a Status Report of completed or uncompleted administration. This filing will become delinquent on: 9/18/2004 Your prompt attention to this matter will be appreciated. Thank You. Sincerely, GLENDA FARNER STRASBAUGH REGISTER OF WILLS cc: File Counsel Judge STATUS REPORT UNDER RULE 6.12 Name of Decedent: Virginia B. Ricker Date of Death: September 18 2001 0~.0x Will No. Admin. No. 2002~ Pursuant to Rule 6.12 of the Supreme Court Orphans' Court Rules, I report the following with respect to completion of the administration of the above-captioned estate: 1. State whether administration of the estate is complete: Yes No X 2. If the answer is No, state when the personal representative reasonably believes that the administration will be complete: 12/31/04 3. If the answer to No. 1 is Yes, state the following: a. Did the personal representative file a final account with the Court? Yes No b. The separate Orphans' Court No. (if any) for the personal representative's account is: c. Did the personal representative state an account informally to the parties in interest? Yes No d. Copies of receipts, releases, joinders and approvals of formal or informal accounts may be filed with the Clerk of the Orphans' Court and may be attached to this report. fS~ nature ~, Jq~ nne Book Christine Name (Please type or print) '~' : ~ :? ......:~ads&SinonLLP One South Market Square, Harrisburg, PA 17101 0[: Ecl 6- S[I~ 1~1. No. (717) 233_5731 ¢ii};~, _, .¢!:~ ?~:.gpacity: Personal Representative io ?::'.~L~ '~:->:~kt X Counsel for personal representative  Yvonne R. Durham RHOAD S Phone(717) 231-6677 ~ ~ Fanuc (717) 232-1459 & SINON LLP ydurham~rhoads-sinon.com rILE NO: 3094/04 August 10, 2004 Re: Estate of Virginia B. Rieker File No.: 01092 of 2002 Ms. Glenda Famer-Strasbaugh Register of Wills Cumberland County Couahouse 1 Courthouse Square Carlisle, PA 17013 Dear Ms. Famer-Strasbaugh: Enclosed for filing is an original Approval of Account Release and Indemnification and a check in the amount of $19.00 to cover the filing cost of the instrument in the above-referenced matter. Please date stamp the copy of this letter, with the first page of the Waiver attached, and return them to us in the enclosed envelope. Thank you for your assistance. Very truly yours, m o^r s & sr oN By: ~{::~alegal Enclosures ~/shp cc: Ms. Do~a M. ~cker Mrs. Vir~nia R. Cole 529214.1 ~/.'~ Rhoads & Sinon LLP · Attorneys at Law · Twelfth Floor · One South Market Square ° P.O. Box 1146 Harrisburg, PA 17108-1146 · ph (717) 233-5731 · fx (717) 232-1459 ° www. rhoads-sinon.com IN RE: ESTATE OF VIRGINIA B. : IN THE ORPHANS' COURT DIVISION RICKER, Deceased : OF THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 01092 OF 2002 APPROVAL OF ACCOUNT RELEASE AND INDEMNIFICATION WHEREAS, VIRGINIA B. RICKER (the "Decedent") died testate on September 18, 2002, leaving a Will which was duly probated by the Register of Will~[Cumb,_,~land Co~aty, yl 2003; -. ~. o Penns vania on December 5, and ~; ~, ~ the Decedent's Will appoints her childre~,~ ~ ~irguua R. C91~i and WHEREAS, Daniel M. Ricker Ill, and her daughter-in-law, Donna M. Picker, as Co-E~tors er es~, and WHEREAS, Letters Testamentary were duly granted to said named Executors on December 5, 2003; and WHEREAS, Daniel M. Picker III, Decedent's son and Co-Executor under her Will, died on February 3, 2004, leaving Virginia R. Cole and Donna M. Picker as surviving Co- Executors (the "Executors"); and WHEREAS, Decedent's Will provides in ITEM IV that her estate assets be distributed to the then Trustees of The Virginia B. Picker Revocable Trust, of which Trust the Trustees at the time of Decedent's death were Virginia R. Cole, Daniel M. Picker m and Donna M. Picker. Upon the death of Daniel M. Picker, III, Virginia R. Cole and Donna M. Picker became the surviving Trustees (the "Trustees"); and 525500.1 WHEREAS, the Executors and the Trustees desire that the Estate be concluded without the expense and formality of a court accounting; and WHEREAS, the Executors are willing to consent to such a conclusion of the Estate upon receipt of a proper release and indemnification, which it is the purpose of this Agreement to provide; and WHEREAS, the undersigned are the direct parties in imerest under Decedent's Will. NOW, THEREFORE, the undersigned, for themselves, their heirs, personal representatives, successors and assigns: (1) State that they have examined the First and Final Account of the administration of Decedent's Estate, which is attached hereto as Exhibit "A", and approve the transactions and distributions set forth or proposed therein as though they had been confirmed absolutely by the Court having jurisdiction over the Estate. (2) Waive the filing and auditing of the Account by any Court and agree that any Court having jurisdiction over the Estate may confirm the Account and any Proposed Distribution. (3) Acknowledge receipt fi-om the Executrices of the assets shown as being distributed or distributable to them in such Account. (4) Do hereby absolutely and irrevocably release, remise, quitclaim and forever discharge the said Executors, their heirs and personal representatives, of and from all actions, suits, payments, accounts, reckonings, claims and demands whatsoever relating to the Estate of the said Decedent. (5) Do hereby absolutely and irrevocably release the Executors from filing any Account, Petition for distribution or other document with the Court of Common Pleas of Cumberland County, Pennsylvania, or in any other jurisdiction in connection with the Estate of the Decedent. (6) Do hereby agree to indemnify the Executors and hold them harmless to the extent of the Estate assets received by the undersigned from and against any and all claims, loss, liability or damage (including legal fees and costs) which the Executors may suffer or to which they may be subjected by reason of the administration of the Estate or the distribution of the assets of the estate without having formal approval of the Court of Common Pleas, Orphans' Court Division, of Cumberland County, Pennsylvania, or any other court. This instrument shall be legally binding on the undersigned and their personal representatives, successors and assigns. IN WITNESS WI-IEREOF, the undersigned have executed this Agreement on the ,,~,~,~ dayof ~ ,2004. ?, (SE ) Virgini~l~J ~20ie, Trustee (SEAL) Wimess Donna M. Ricker, Trustee (5) Do hereby absolutely and irrevocably release the Executors from filing any Account, Petition for distribution or other document with the Court of Common Pleas of Cumberland County, Pennsylvania, or in any other jurisdiction in connection with the Estate of the Decedent. (6) Do hereby agree to indemnify the Executors and hold them harmless to the extent of the Estate assets received by the undersigned from and against any and all claims, loss, liability or damage (including legal fees and costs) which the Executors may suffer or to which they may be subjected by reason of the administration of the Estate or the distribution of the assets of the estate without having formal approval of the Court of Common Pleas, Orphans' Court Division, of Cumberland County, Pennsylvania, or any other court. This instrument shall be legally binding on the undersigned and their personal representatives, successors and assigns. IN VOTNESS WltEREOF, the undersigned have executed this Agreement on the ©o°4~ dayof ~1o/~, ,2004. .(SEAL) Wimess Virginia R. Cole, Trustee Witness Donna M. Ricker, Trustee COMMONWEALTH OF PENNSYLVANIA SS: COUNTY OF ~ On this, the~,~ day of /(~/./t ,2004, before me, a Notary Public, in and for the Commonwealth of Penns~Zl<amaLl, he undersigned officer, personally appeared VIRGINIA R. COLE, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within Agreement and acknowledged that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. (SEAL) AM/~Public ~My Commission Expires: (SEAL) ~o*arial Seal )urham, Notary Public .'~sburg, Dauphin County Expires Aug. 20, 2005 STATE OF NEW HAMPSHIRE : : SS: COUNTY OF ~;tro tFt~rO/ : On this, the ~44-~ .day of ~. ]o/y, ,2004, before me, a Notary Public, in and for the State of New Hampshire, the undersigned officer, personally appeared DONNA M. RICK.ER, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within Agreement and acknowledged that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. Notary Public My Commission Expires: ct/Iq'/~ ~, (SEAL) [~ONNA L. HAMEL, Notary public Justice of the Peace My Commission Expires September 19, 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION NO. FIRST AND FINAL ACCOUNTING OF Virginia R. Cole and Donna M. Ricker, Surviving Executrices of THE ESTATE OF VIRGINIA B. RICKER Date of Death: September 18, 2002 Date of Appointment: December 5, 2002 Accounting for the Period: September 18, 2002 to May 31, 2004 Purpose of Account: Virginia R. Cole and Donna M. Ricker, Surviving Executrices of the Estate of Virginia B. Ricker, offer this account to acquaint interested parties with the transactions that have occurred during their administration. The account also indicates the proposed distribution of the Estate assets. It is important that the account be carefully examined. Requests for additional information, or questions, or objections, can be discussed with: Joanne Book Christine, Esquire Rhoads & Sinon LLP One South Market Square, 12th Floor P.O. Box 1146 Harrisburg, PA 17108-1146 (717) 233-5731 Exhibit "A" The Virginia B. Ricker Estate Summary of Account Page Principal Receipts 2 52,457.92 Distributions 3 52,457.92 Principal Balance On Hand 0.00 ~come NONE Estate of Virginia B. Kicker RECEIPTS OF PRINCIPAL United States Treasury, refund due on final Federal Income Tax Return $ 7,784.00 Capital Blue Cross, refund of unused premium 501.15 Commonwealth of Pennsylvania, 2000 income tax refund 4,480.04 Verizon, refund 94.22 GST Exempt QTIP Trust under Daniel M. Kicker, Jr. Revocable Trust Income accrued to date of death of Virginia B. Kicker 14,788.29 GST Non-Exempt QTIP Trust under Daniel M. Kicker, Jr. Revocable Trust Income accrued to date of death of Virginia B. Kicker 9,892.50 The Daniel M. Kicker, Jr. and Virginia B. Kicker Irrevocable Charitable Remainder Unitrust for the benefit of Mercersburg Academy Income accrued to date of death of Virginia B. Kicker ($7,303.05 less reimbursement of overpayment) 6,342.65 The Daniel M. Kicker, Jr. and Virginia B. Kicker Irrevocable Charitable Remainder Unitrust for the benefit of Princeton University Income accrued to date of death of Virginia B. Kicker ($9,967.83 less reimbursement of overpayment) 8,575.07 TOTAL RECEIPTS OF PRINCIPAL $52.457.92 Estate of Virginia B. Ricker DISTRIBUTIONS OF PRINCIPAL TO: THE VIRGINIA B. RICKER REVOCABLE TRUST Pourover to Trust per ITEM IV of Will United States Treasury, refund due on final Federal Income Tax Return $ 7,784.00 Capital Blue Cross, refund of unused premium 501.15 Commonwealth of Pennsylvania, 2000 income tax refund 4,480.04 Verizon, refund 94.22 GST Exempt QTIP Trust under Daniel M. Ricker, Jr. Revocable Trust - Income accrued to date of death of Virginia B. Ricker 14,788.29 GST Non-Exempt QTIP Trust under Daniel M. Ricker, Jr. Revocable Trust - Income accrued to date of death of Virginia B. Ricker 9,892.50 The Daniel M. Ricker, Jr. and Virginia B. Ricker Irrevocable Charitable Remainder Unitrust for the benefit of Memersburg Academy Income accrued to date of death of Virginia B. Ricker ($7,303.05 less reimbursement of overpayment) 6,342.65 The Daniel M. Ricker, Jr. and Virginia B. Ricker Irrevocable Charitable Remainder Unitrust for the benefit of Princeton University Income accrued to date of death of Virginia B. Ricker ($9,967.83 less reimbursement of overpayment) 8,575.07 TOTAL DISTRIBUTIONS OF PRINCIPAL $52.457.92 AFFIDAVIT VIRGINIA R. COLE and DONNA M. RICKER, Surviving Executrices under the Last Will and Testament of VIRGINIA B. RICKER, hereby declare under oath that they have fully and faithfully discharged the duties of their office; that the foregoing First and Final Account is true and correct, and fully discloses all significant transactions occurring during the accounting period; that all known claims against the Estate have been paid in full; that the first complete advertisement of the grant of letters was more than four months from the date of the account was filed; that, to their knowledge, there are no claims now outstanding against the Estate; and that all taxes presently due from the estate have been paid in full. Virgifi~a-R. Cole, Executrix Donna M. Picker, Executrix Swcofn to. and subscribed before me this,:,2:,7.,,~ day of 7P'2~, 2004. cARY PUBLIC OMMISSION EXPIRES: (SEAL) COMMONWEALTH OF PENNSYLVANIA Notarial Seal Yvonne R, Durham, Notary Public City of Hardsburg, Dauphin County My Commission Expires Aug. 20, 2005 Member, Pennsylvania Association of Notaries AFFIDAVIT VIRGINIA R. COLE and DONNA M. RICKER, Surviving Executrices under the Last Will and Testament of VIRGINIA B. RICKER, hereby declare under oath that they have fully and faithfully discharged the duties of their office; that the foregoing First and Final Account is true and correct, and fully discloses all significant transactions occurring during the accounting period; that all known claims against the Estate have been paid in full; that the first complete advertisement of the grant of letters was more than four months from the date of the account was filed; that, to their knowledge, there are no claims now outstanding against the Estate; and that all taxes presently due from the estate have been paid in full. Virginia R. Cole, Executrix Donna M. Ricker, Executrix Sworn to and subscribed before me this Os'cfi day of ,2004. NOTARY PUBLIC MY COMMISSION EXPIRES: q//q/o& (SEAL) DONNA L HAMEL, Notary Public Justice of the Peace My Commission Expires September 19, 2006 JRD/June 30, 1992/17858 OCT 0 6 ~004 ~ In Re: Estate of Virginia B. Ricker · ORPHANS' COURT DIVISION Late of Upper Allen Township · COURT OF COMMON PLEAS OF · CUMBERLAND COUNTY Estate No.: 21-02-1092 ' PENNSYLVANIA NO. 21-21-02-1092 NOTICE OF FAILURE TO FILE STATUS REPORT AND REQUEST TO CONDUCT A HEARING PURSUANT TO RULE 6.12, SUPREME COURT ORPHANS' COURT RULE Personal Representative: Virginia Cole, Daniel Ricker, and Donna Ricker Counsel for Personal Representative: Amy J. Mendelsohn, Esquire Date of Decedent's Death: 09/18/2002 Date of Delinquency Notice: 10/08/2004 The undersigned, Glenda Farner-Strasbaugh, Clerk of Orphans' Court, in accordance with Rule 6.12, Supreme Court Orphans' Court Rules, hereby notifies the Orphans' Court Division, Court of Common Pleas of Cumberland County, that neither the above named personal representative nor the above named counsel for the personal representative have filed with the Register of Wills or Clerk of the Orphans' Court his, her or its Status Report required by Rule 6.12, Supreme Court Orphans' Court Rule and that the requisite notice, pursuant to Rule 6.12, Supreme Court Orphans' Court Rules, was given by the Clerk of the Orphans' Court on April 30, 2004, and that the ten (10) day notice to file the Status Report has expired. Accordingly, in accordance with Rule 6.12 the Court is hereby notified of such delinquency and the undersigned requests that a Court conduct a hearing to determine whether sanctions should be imposed upon the delinquent personal representative or counsel for the delinquent personal representative. Date: 10/08/2004 '~'"~'~"'"~:~' '~ · Glenda Famer Strasbaugh Clerk of the Orphans' Court Distribution: Personal Representative (s) Counsel for Personal Representative Estate File A hearing is scheduled for at in Courtroom No. 3. If the Status Report is filed prior to the hearing date, the hearing will automatically be cancelled· Georgd~E. ,~Hbffer, P.7] BUREAU OF INDtVIDUA~ TAXES INHERITANCE TAX'DIVlsION PO BOK 280601 HARRISBURG PA 171Z8~06Dl COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF REVENUE INHERITANCE TAX STATEMENT OF ACCOUNT *' REV-1U7EX AFP Cl2-D41 '"":'3 DATE ESTATE OF DATE OF DEATH FILE NUMBER COUNTY ACN 01-24-2005 RICKER 09-18-2002 21 02-1092 CUMBERLAND 201 VIRGINIA B HENRY W RHOADS ESQ ONE S MARKET SQUARE PO BOX 1146 HARRISBURG PA 17108-1146 Allount Rellitted MAKE CHECK PAYABLE AND REMIT PAYMENT TO: REGISTER OF WILLS CUMBERLAND CO COURT HOUSE CARLISLE, PA 17013 NOTE: To insure proper credit to your account, subllit the upper portion of this forI! with your tax paYllent. CUT ALONG THIS LINE ~ RETAIN LOWER PORTION FOR YOUR RECORDS ~ ft~:!~~~.I5r.A~~..rBl~.6!1.......i...:rA~!~~1r"fA5r.~~"r!~.b1r.A~l:60~...j(i..................... ESTATE OF RICKER VIRGINIA B FILE NO.21 02-1092 ACN 201 DATE 01-24-2005 THIS STATEHENT IS PROVIDED TO ADVISE OF THE CURRENT STATUS OF THE STATED ACN IN THE NAMED ESTATE. SHOWN BE~OW IS A SUMMARY OF THE PRINCIPA~ TAX DUE, APP~ICATION OF A~~ PAYMENTS, THE CURRENT BA~ANCE, AND, IF APP~ICAB~E, A PROJECTED INTEREST FIGURE. DATE OF LAST ASSESSMENT OR RECORD ADJUSTMENT: 12-08-2003 PRINCIPAL TAX DUE:. 68,818.63 PAYMENTS (TAX CREDITS): PAYMENT RECEIPT DISCOUNT (+) AMOUNT PAID DATE NUMBER INTEREST/PEN PAID (-) 07-10-2003 CD002785 207.42- 175,250.57 \ 01-02-2004 \ . CD003402 .00 528.21 01-26-2004 ~ REFUND .00 106,224.52- 01-03-2005 REFUND .00 528.21- TOTAL TAX CREDIT 68,818.63 BALANCE OF TAX DUE .00 INTEREST AND PEN. .00 . IF PAID AFTER THIS DATE, SEE REVERSE TOTAL DUE .00 SIDE FOR CA~CU~ATION OF ADDITIONA~ INTEREST. I IF TOTA~ DUE IS ~ESS THAN $1, NO PAYMENT IS REQUIRED. IF TOTA~ DUE IS REF~ECTED AS A "CREDIT" ICRJ, YOU MAY BE DUE A REFUND. SEE REVERSE SIDE OF THIS FORM FOR INSTRUCTIONS. J ~ 10/111/Z004 13:35 FAX 717 Z33 1386 RIt0ADS & $INON LLP ~004 STATUS REPORT UNDER RULE 6.12 Will No. Admin. No. 20024)t~1~ Pursuant to Rulc 6.12 of thc Supreme Court Orphans' Court Rulcs, I report the followin~ with respect to completion of the adminisUation of the above-captioned estate: 1. S~ate whether admin/swation of the estate is complete: Yes No X 2. If tho answer is No, statc when thc personal rcprescntativc reasonably believes that the adminislr~on will bc complctc: 12/31/_04 3. If the answe~ to No. 1 is Yes, state the following. a. Did the personal ~ve file a final account with thc Court? yes No b- The scparatc Orphans' Court No. (if any) fro- the personal ~vc's account is: c. D/d the personal representative state an account informally to the parties in interest? Yes No Copies of l~ceip~s, ~lesses, joind~ and approvals of formal or infounal accounts may be ~cd with the Clerk of thc Orphans' Court and may be attached to this Jo nne Book Christine Name (Please t~¢ or prinO Eho_~s & Sinon t.t.p Address Ot~e_South Market Square. Hnrrisburg._ PA 17101 TeL No. (717) 233-5731 CaPacity:. Personal Representative X Counsel for personal STATUS REPORT UNDER RULE 6.12 Name of Decedent: Virginia B. Ricker Date of Death: September 18,.2002 Will No. Admin. No. 2002-0192 O~. ~ - ~a - ~ ~ ~~ Pursuant to Rule 6.12 of the Supreme Court Orphans' Court Rules, I report the following with respect to completion of the administration of the above-captioned estate: 1 • State whether administration of the estate is complete: Yes X Nc 2. If the answer is No, state when the personal representative reasonably believes that the administration will be complete: 3. If the answer to No. 1 is Yes, state the following: a• Did the personal representative file a final account with the Court? Yes X No b• The separate Orphans' Court No. (if any) for the personal representative's account is: c. Did the personal representative state an account informally to the parties in interest? Yes No d• Copies of receipts, releases, joinders and approvals of formal or informal accounts may be filed with the Clerk of the Orphans' Court and may be attached to this report. Date: c~ February 28 2005 ~Q ~" ~~ ~ ~, Signa~-e Joanne E': ~ Book Name (Please type or pnnt) Rhoads & Sinon LLP Address One South Market Square Harrisburg PA 17101 Tel. No. (717) 233-5731 Capacity:__personal Representative X -Counsel for personal representative ~~